Constructing the caribbean court of justice: How ideas inform institutional choices

Abstract

The Caribbean Court of Justice (CCJ) is a relatively new legal institution in the Caribbean. This article explores the question of where this specific way of institutionalizing conflict resolution came from and in which way its success (or lack of it) can be accounted for. The authors analyse the support for and opposition to the CCJ found in four issues: economic progress, sovereignty, identity and trust. Their approach to institutionalization shows that only one of the four issues discussed - economic progress - has led to substantial and decisive support for the CCJ in its original jurisdiction as a CARICOM court. Lacking such economic drive, the other function of CCJ, which is becoming the successor of the British Privy Council as the shared regional appellate court, is still by and large withheld regional support. In general, the absence of common sovereignty, identity and trust continues to hamper regional cooperation in the Caribbean.