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.

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