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發表於 2018-3-6 06:17:29 | 只看該作者 回帖獎勵 |倒序瀏覽 |閱讀模式
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PORT OF SPAIN,Wholesale China Jerseys, Trinidad, CMC – Prominent international diplomat Sir Shridath Ramphal has called on regional countries to put their legal houses in order and act in a “mature and creative way” as it relates to their full participation in the Trinidad-based Caribbean Court of Justice (CCJ).Delivering the inaugural jurist lecture of the Trinidad and Tobago Judicial Education Institute on Thursday night, Sir Shridath noted that in 2001, Caribbean countries decided they would abolish appeals to the London-based Privy Council and establish their own CCJ as the final court of appeal.Sir Shridath Ramphal“As of now, 10 years later, only Guyana, Barbados and Belize have conferred on the CCJ that appellate jurisdiction,” Sir Shridath said.Many of the Caribbean Community (CARICOM) countries have signed on to the original jurisdiction of the CCJ, which also acts as an international tribunal for interpreting the Revised Treaty of Chaguaramas which governs the regional integration movement as well as the CARICOM Single Market and Economy (CSME).Sir Shridath during his address was critical of Trinidad and Tobago whose then prime minister Basdeo Panday had given “an unqualified assurance to the Caribbean Heads of Government…that Trinidad and Tobago would withdraw its proposal for locating the Court here if the country did not fulfill its obligations to confer on the Court both original and appellate jurisdiction.“It was on the strength of that assurance that the location decision was taken,” he said, adding “I say no more. I like to believe that Trinidad and Tobago with its long-standing fidelity to legal process will fulfill its treaty obligations and that issues of location will not arise”.Sir Shridath said a constitutional amendment is required for the abolition of appeals to the Privy Council and in “practical terms that means bipartisan political support”.He said in Jamaica and Trinidad and Tobago it seems that political consensus has not been secured, while in St. Vincent and the Grenadines a referendum two years ago on a new constitution “rejected the transference of appeals to the CCJ”.He said in the other Organisation of Eastern Caribbean States (OECS) countries,Wholesale Jerseys Free Shipping, inter-party consensus on the Court’s jurisdiction exists and the “idea is being explored of conducting a single issue referendum on the same day in all of the islands that need it.“As a new President of the Court ushers in a new era in the Court’s history, it is time for the region to put its legal house in order and act in a mature and creative way. Our reputation as an enlightened region of the common law world requires no less and will not be sustainable without it,” he said, warning “we may in the end dismantle even more than the Court”.He recalled that more than a year ago, five distinguished Caribbean nationals had warned of the “threat being posed “to the CCJ which also had the potential to “bring down the structures for advancing the interests of the people of CARICOM”.Sir Shridath referred to the ongoing debate about the independence of the court from political interference, adding “in the end, the independence of West Indian judiciaries must rest on a broad culture of respect for the authority and independence of all constitutional office holders.“We must now forget that the structure of the CCJ goes further than does that of any court in the region and most courts in the Commonwealth, in securing independence from political influence much less political control.“It is at least as free as such local control as is the Judicial Committee of the Privy Council; and freer than any national or sub-regional court.”Sir Shridath said that West Indians who want a court that is beyond the reach of politics must understand “and must be helped to understand that they have it in the CCJ.“The question,Cheap NFL Jerseys China, therefore, cannot be avoided: is a regional political leadership that conjures with rejecting the CCJ doing so because it is beyond political reach?“I cannot believe that, but, in my own judgment, with the Privy Council no longer a realistic option,NFL Jerseys Cheap, the CCJ is the most reliable custodian that West Indians could have of the Rule of Law in the region,” he said.The former Commonwealth secretary general said that the region’s embarrassment in this matter should have been compounded by Lord Phillips, the President of the new Supreme Court of Britain who complained of the time being spent by his judges with appeals to the Privy Council.Sir Shridath said that the message sent by Lord Phillips was clear to all former Commonwealth countries including those in the Caribbean.He said the escalating costs of legal services and the added burden of inoperable delays of the justice system everywhere made it even more imperative for the region to support the CCJ, adding “than an aura of adequacy is only sustained by the resigned acceptance of the greater part of our societies that injustice is endemic.“And that, in essence,Sale NFL Jerseys, is my point; a plea for lawyers throughout our Commonwealth Caribbean to eschew the smug complacency that a view of the legal order within cloistered professional walls all too readily encourages in us, a plea that we look to a broader jurisprudence”.Sir Shridath said that Caribbean lawyers have a “great  contribution to make in encouraging their societies to accept that power and status are the old enemies of freedom; that from justice and contract they have nothing to fear and much to gain’“Creating an enlightened regional jurisprudence is the mission that summons us all,Wholesale Jerseys Free Shipping,” he added.
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