Coronavirus (COVID-19) Updates and Resources »
Back to Top
Close Menu
 
Centre for Professional Development and Lifelong Learning
CAVE HILL HOME > Lifelong Learning > Courses > Short Courses > Criminology and Criminal Justice > Caribbean Community Law and the Caribbean Court of Justice



Law

Caribbean Community Law and the Caribbean Court of Justice

Overview

This course begins by familiarizing participants with the institutional and governance components of the Caribbean Community (CARICOM). In particular, it will introduce participants to the various treaty organs and bodies established by the Revised Treaty of Chaguaramas (RTC), which play an integral role in the operation of the legal framework governing economic integration. Participants will also gain a general understanding of the Caribbean Court of Justice (CCJ) as an international court, as well as an understanding of how CARICOM and the CCJ are situated within the broader framework of international law and the global trading system.
 
 

What will I Learn?

On successful completion of the course, participants will be able to:

  • Identify key institutional and governance components of CARICOM, including its organs, structure, competences, and decision-making processes.
  • Discuss the original jurisdiction of the CCJ, including its institutional features, structure, mandate and operation.
  • Analyse the case law of the CCJ in its original jurisdiction. 
  • Advise stakeholders/clients on Caribbean Community Law, including potential claims and defences relating to the free movement of goods, services, and people.
  • Use more advanced skills to initiate cases before the CCJ in its original jurisdiction.

Who Should do this Course

Law students, law practitioners (judges, clerks, lawyers), academics
 

Important Information

The CCJ plays an integral role in advancing economic integration within CARICOM. The RTC confers exclusive and compulsory competence on the CCJ – in its “original jurisdiction” – to interpret and apply the RTC in resolving disputes between Member States, as well as between Member States and private individuals/companies. 
 
Through its interpretation and application of the RTC in disputes brought before it, the Court is continuously engaged in the gradual and progressive development of the legal framework to guide economic integration within CARICOM.  However, the pace of development of this legal framework is significantly influenced by the CCJ’s case load in its original jurisdiction or, in other words, by the opportunities that the Court has to clarify provisions of applicable treaties and associated legal instruments. A higher case load should, in principle, result in greater opportunities for the Court to clarify the provisions of the RTC, which, in turn, should lead to greater security and predictability of regional trade.   
 
Thus far, use of the CCJ’s original jurisdiction has been relatively undersubscribed. One possible reason for this is that many of the region’s legal practitioners – in both public and private practice – as well as judges are not sufficiently familiar with the relatively nascent body of legal norms constituting Caribbean Community Law. Thus, legal practitioners in the public and private sectors must be able to identify possible violations of Caribbean Community Law and advise clients on how to leverage the original jurisdiction of the CCJ to vindicate their legal rights.
 
The rationale for this course is therefore to sensitize legal practitioners and enhance their knowledge of substantive and procedural Caribbean Community Law, the rules and procedures of the CCJ in its original jurisdiction, and the case law developed by the Court thereunder. By increasing the breadth of knowledge in the region of Caribbean Community Law, it is hoped that there may be an increase in the caseload of the CCJ in its original jurisdiction, leading, ultimately, to a quicker pace of development of the legal framework for economic integration in the region. 
 

At a Glance

  • Admissions Term: 2021/2022 Semester II
  • Date: January 10 - 14, 2022
  • Time: 9:30am - 12:30pm
  • Duration: 1 week (17.5 hours)
  • Certificate Awarded: Certificate of Completion
  • CRN: 20004
  • Course Code: PDLL180
  • Capacity:
  • Cost: BDS$500.00/ US$250.00

The following topics will be addressed:
  • Institutional and governance components of CARICOM
  • An overview of the CCJ – the constitutive documents setting it up; its main and unique features
  • Select aspects of substantive Caribbean Community Law, including:
  • Free movement of goods:
  • the maintenance and operation of the common external tariff;
  • principles of non-discrimination;
  • rules pertaining to customs duties and other charges.
  • Free movement of services and people:
  • The right of entry of CARICOM nationals into the territories of CARICOM Member States;
  • The right of establishment
  • Remedies for violations of Caribbean Community Law.
  • Litigating cases before the CCJ in its original jurisdiction:
  • Who can sue / who can be sued / requirements for special leave for private entities or individuals
  • Types of proceedings: Contentious / Advisory / Referral Procedure
  • Rules of procedure
  • Case management
  • Oral advocacy

The course will be delivered over one week and will be entirely online using a combination of synchronous and asynchronous tools and active learning strategies. These include:
Synchronous tools – web conferencing using Blackboard Collaborate, Zoom, Google Meet and / or Skype.
Asynchronous tools – discussion forums
Active learning strategies – games/simulations, presentations, individual and group activities

Mr. Claude Chase
 
Born and raised in Saint Lucia, Claude Chase is an international lawyer with over a decade of varied experience working within international organizations, multinational companies and leading international law firms. Based in Geneva, Switzerland, Claude draws on a highly specialized skillset and a deep network to help clients navigate international legal and policy issues. Claude possesses substantial knowledge of, and experience in, public international law; corporate/regulatory affairs and engagement; international trade law and, in particular, the law of the World Trade Organization (WTO).
 
For five years, Claude served as a lawyer at the Geneva-based headquarters of the WTO, where he provided legal advice and assistance to the WTO Appellate Body; the highest tribunal of the WTO’s dispute settlement system. In his capacity as a Dispute Settlement Lawyer at the Appellate Body Secretariat, Claude was part of a team of legal advisors responsible for providing legal advice to the Appellate Body in the context of appeals in international trade disputes before the WTO. Claude was directly involved in the resolution of a number of appeals involving a variety of government measures including technical regulations, tax and regulatory measures, subsidies, and sanitary and phytosanitary measures. Claude also contributed to the WTO’s training and technical cooperation activities and, in this context, delivered training on WTO law and dispute settlement to government officials in Africa, Asia and the Caribbean.  
 
After leaving the WTO, Claude joined the Geneva-based headquarters of a major multinational corporation in the consumer goods industry where, as International Trade Manager, he assisted in the development and implementation of the company’s global international trade strategy, and provided advice and engagement support on market access and regulatory issues.
 
Subsequently, Claude worked as a lawyer at two leading international law firms, where his practice focused primarily on international trade law matters and, in particular, WTO law and litigation. Leveraging the tools available under international law, Claude has helped clients successfully address critical trade and regulatory barriers impacting their ability to move, sell and protect goods, services and intellectual property across borders. Claude’s clients have included both sovereigns and major multinational corporations.
 
Claude has also been an adjunct lecturer at the University of the West Indies, where he has taught international trade law to post-graduate students enrolled in the Masters in International Trade Policy (MITP) programme.
 
Claude has conducted research on dispute settlement mechanisms in regional trade agreements, and was the lead author of a 2013 WTO Working Paper that has been described as the most comprehensive mapping and analysis of dispute settlement mechanisms in regional trade agreements. As a Caribbean national and a strong proponent of Caribbean integration, Claude actively follows the work of the Caribbean Court of Justice (CCJ), and assisted in the development of the first digest of the CCJ’s original jurisdiction case law.
 
Claude holds a Bachelor of Laws (with Upper Second Class Honors) from the University of the West Indies, and a Legal Education Certificate from the Hugh Wooding Law School where he graduated on the Principal’s Roll of Honor. Claude also holds a Master of Laws (with distinction) in International and European Law (specialization in International Trade and Investment Law) from the University of Amsterdam in the Netherlands.


Dr. Jan Yves Remy

Dr. Remy is an international trade lawyer who, over the course of her fifteen-year career, has advised governments and private stakeholders on international trade matters, with a focus on litigating disputes under the auspices of the dispute settlement mechanism of the World Trade Organization (WTO). Jan Yves holds an undergraduate degree in law from the University of the West Indies (Hons); a masters from the University of Cambridge (Hons); and a PhD (summa cum laude) from the Graduate Institute of Development Studies on the Role of the Caribbean Court of Justice in Caribbean integration. She is the Deputy Director of the Shridath Ramphal Centre for International Trade Law, Policy and Services (the SRC), the premier trade institution of the University of the West Indies Cave Hill Campus, Barbados, dedicated to training, research and outreach on issues of regional and international trade.  She lectures in the SRC’s flagship Masters in International Trade Policy (MITP) programme, in the areas of international trade law and e-commerce; and conducts outreach and research on behalf of the Centre.
She previously worked as Senior Associate at Sidley Austin LLP (Geneva and Washington D.C.) and before that as Legal Officer at the Appellate Body of the WTO