2.2.6 Strengthened
CARICOM
Governance
Arrangements
within
2.2.6.1 Introduction
“... the Member States transformed the erstwhile voluntary arrangements in CARICOM into a
rule-based system, thus creating and accepting a regional system under the rule of law. The
rule of law brings with it legal certainty and protection of rights of states and individuals alike, but
at the same time, of necessity, it creates legal accountability. Even if such accountability
imposes some constraint upon the exercise of sovereign rights of states, the very acceptance of
such a constraint in a treaty is in itself an act of sovereignty.”16
The Community recognises that good governance encompasses the rule of law, democratic
governance, effective citizen participation, and efficient public services in the context of a
diverse Region. The rule of law is one major aspect of a governance framework which provides
a foundation for sustainable development – a principle which is illustrated by quote above.
The Community law or rules-based system which governs the functions of the Community, its
Organs and Bodies, comprises the Revised Treaty and related Agreements, Policies and
Protocols adopted by the Community, and binding decisions of the Organs and Bodies. There is
a formal structure, established by Treaty for decision-making, and monitoring of implementation.
The Revised Treaty also provides for a dispute settlement mechanism, including recourse to the
Caribbean Court of Justice (CCJ). The CCJ in its original jurisdiction has the exclusive and
compulsory jurisdiction to determine disputes on the interpretation or application of the Revised
Treaty and thereby provides, in addition to dispute resolution, definitive guidance on the
application of Community law.
This strategic priority seeks to close gaps as it relates to governance of the Community and
ensure effective and transparent decision-making and decision-taking, accountability and
compliance with agreements and Community Law, including respect for the rule of law.
16
Trinidad Cement Limited v. The Caribbean Community ([2009] CCJ 2 (OJ) at para 32).
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