Event

Faculty of Law Workshop Series

Event Date(s): 30/09/2009

Location: Faculty of Law Conference Room


The Faculty of Law resumes its Faculty Workshop Series on Wednesday, September 30 at 6:30 p.m. in the Faculty of Law Conference Room.

Dr. David Berry, Senior Lecturer (Cave Hill), has joined the Series as a Co-coordinator and will be leading an international law focused Series this year, titled, “International, Regional and Transnational Law: Dialectic and Change in the Caribbean”. He will present the first paper for the 2009-10 Series on September 30, 2009. It is titled, “Building a Legal Framework for the CSME: The Caribbean Court of Justice’s Original Jurisdiction Decisions”.

The commentator will be Dr. Chantal Ononaiwu (‘99), attorney-at-law. Dr. Ononaiwu is the Trade Policy and Legal Specialist, Office of Trade Negotiations, CARICOM.

Please click here for a copy of Dr. Berry's paper.

Abstract

The Caribbean Court of Justice recently issued its first five original jurisdiction decisions – cases involving the interpretation and application of the Revised Treaty of Chaguaramas.  Three of these decisions establish jurisdictional criteria for private entities; two resolve disputes over waivers of the Common External Tariff between the Trinidad Cement Company and TCL Guyana Incorporated and Guyana and the Trinidad Cement Company and CARICOM.  This paper critically examines all five original jurisdiction cases and suggests that they not only clarify the basic ground rules for applicants under the Court’s treaty-interpreting jurisdiction, but also start the fundamental project of fleshing out legal norms for the interpretation and enforcement of the Revised Treaty of Chaguaramas.  In these cases the Court reveals a great deal about its views of the legal requirements for regional integration and hints at exciting possibilities for its future jurisprudence.

 

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