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Karen J. Alter, Laurence R. Helfer, and Mikael Rask Madsen

Print publication date: 2018

Print ISBN-13: 9780198795582

Published to Oxford Scholarship Online: September 2018

DOI: 10.1093/oso/9780198795582.001.0001

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The Caribbean Court of Justice

The Caribbean Court of Justice

A Regional Integration and Postcolonial Court

Chapter:
(p.149) 7 The Caribbean Court of Justice
Source:
International Court Authority
Author(s):

Salvatore Caserta

Mikael Rask Madsen

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198795582.003.0007

This chapter analyzes the Caribbean Court of Justice (CCJ), the creation of which was regarded as the culmination of the Caribbean’s long and protracted process toward independence from its former colonizers. Formally, the CCJ was instantaneously empowered to hear cases involving Caribbean Community law (Community law). The CCJ was also empowered to replace the Judicial Committee of the Privy Council (JCPC) in London—a last court of appeal for civil and criminal cases from the Caribbean and the most visible remnant of the British Empire’s former rule. The CCJ’s unique double jurisdiction—original over Community law and appellate over other civil and criminal matters—underscores the complex sociopolitical context and transformation of which it is a part. Ultimately, the CCJ’s growing authority has increasingly made the Court the institutional intersection for the convergence of these two different paths toward establishing the Caribbean as a legally integrated regional unity.

Keywords:   Caribbean Court of Justice, Caribbean Community law, Judicial Committee of the Privy Council, original jurisdiction, appellate jurisdiction

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