Smoothing the way: the privy council and Jamaica's accession to the Caribbean Court of Appeal

• Author: Oliver Jones/Chantal Ononaiwu
• Position: Lecturer in Law, Faculty of Law, University of Hong Kong/Divisional Director, Invest Barbados (the Barbados International Business Promotion Corporation)
• Pages: 183-197

SMOOTHING THE

WAY:

THE PRIVY COUNCIL

AND JAMAICA'S

ACCESSION

TO THE CARIBBEAN COURT OF APPEAL

OLIVER JONES*

AND

CHANTAL ONONAIWU**

Introduction

It

is

more than two years since the Caribbean Court of Justice (CCJ) opened

its doors. For many, it marks one of the final steps in the independence and

integration of the Member States of the Caribbean Community (CARICOM).1

However, not everyone has been overjoyed. Some have been uncertain about

the hybrid nature of the Court, which has to juggle original and appellate

jurisdiction, domestic and international law and even civil and common law.

Others have harboured doubts about the composition and funding of the CCJ.

And rightly or not, some believe the Court will be less vigilant about human

rights than its predecessor, the Privy Council.

It is perhaps unsurprising, then, that only a few CARICOM Member

States have fully incorporated the CCJ into their judicial system. Despite being

a CARICOM heavyweight, Jamaica is not one of those. However, unlike other

States, this is only partly referable to the controversy surrounding the CCJ. It is

also the product of

a

judgment of the Judicial Committee of the Privy Council.

Nearly three years ago, in a case brought against the Jamaican Government

* Lecturer in Law, Faculty of Law, University of Hong Kong. Formerly Associate, Public International Law

and International Commercial Arbitration, Herbert Smith LLP, London.

** Divisional Director, Invest Barbados (the Barbados International Business Promotion Corporation). This

paper is based on a talk given by the authors at the Human Rights Discussion Group at the Faculty of Law,

Oxford University, in 2005. The views expressed are those of the authors and do not necessarily reflect the

views of any person or body with whom either or both of the authors are associated.

1 The Caribbean Community, including the Caribbean Common Market, was established by the Treaty of

Chaguaramas, which came into effect on 1st August 1973. The Revised Treaty of Chaguaramas establishing

the Caribbean Community, including the CARICOM Single Market and Economy, entered into force on

1st

January 2006. The Member States of CARICOM are Antigua and Barbuda, the Bahamas, Barbados,

Belize, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, St. Lucia, St. Kitts and Nevis, St. Vincent

and the Grenadines, Suriname and Trinidad and Tobago.