December 7, 2023

The significance of the Caribbean Court of Justice’s pending Advisory Opinion

Dr Jan Yves Remy and Alicia Nicholls

The Caribbean Court of Justice (CCJ) will mark another milestone in its decade and a half history when it shortly delivers its first advisory opinion pursuant to Article 212 of the Revised Treaty of Chaguaramas (RTC).

Late last month, the Court held a publicly broadcast two-day hearing where it heard oral submissions from counsel of the CARICOM Secretariat, member states and Caribbean law faculties from which it had received written submissions. The subject matter of the advisory opinion concerns the circumstances under which it is lawful for CARICOM Member States to “opt-out” of CARICOM Heads of Government decisions that involve fundamental objectives of the Community.

In this SRC Trading Thoughts, we discuss the significance of the pending advisory opinion and its possible impact on the emerging body of CARICOM jurisprudence.

Read more here


The Caribbean Trade Law and Development Blog is owned and was founded by Alicia Nicholls, B.Sc. (Hons), M.Sc. (Dist.), LL.B. (Hons), a Caribbean-based trade and development consultant. She writes and presents regularly on trade and development matters affecting the Caribbean and other small states. You can follow her on Twitter @LicyLaw. All views expressed on this Blog are Alicia's personal views and do NOT necessarily reflect the views of any institution or entity with which she may from time to time be affiliated.

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