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Caribbean Integration Law$
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David S. Berry

Print publication date: 2014

Print ISBN-13: 9780199670079

Published to Oxford Scholarship Online: April 2014

DOI: 10.1093/acprof:oso/9780199670079.001.0001

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Dispute Settlement through Regional Courts

Dispute Settlement through Regional Courts

Chapter:
(p.383) 14 Dispute Settlement through Regional Courts
Source:
Caribbean Integration Law
Author(s):

David S Berry

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199670079.003.0014

Chapter 14 outlines the history underpinning, and nature of, the two Caribbean regional integration courts: the Caribbean Court of Justice (CCJ) and the Eastern Caribbean Court of Appeal (ECCA). Examining each court’s composition and different forms of jurisdiction, the chapter focuses primarily on their original, or treaty interpreting jurisdictions. It examines both the advisory and contentious proceedings that can be maintained before each tribunal. It critically analyses the several types of contentious disputes that may arise before the two courts, including disputes between states, between the organization and states, referrals from national courts, and applications by persons. It examines the rules regarding intervention and third parties, and generally compares the early jurisprudence of the CCJ to that of the ECJ. It highlights the CCJ’s decisions related to treaty interpretation, the rule of law, judicial review, and remedies (including state liability).

Keywords:   Caribbean Court of Justice (CCJ), Eastern Caribbean Court of Appeal (ECCA), referrals, individual applications, third parties, treaty interpretation, rule of law, judicial review, state liability, remedies

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