← belizelaw.ai · Caribbean Court Of Justice, Cap. 92 · PART II — Jurisdiction of the Court

Original jurisdiction of the Court

Cap. 92, s. 5 · Revised Edition 2020

(1) The Court in the exercise of unoriginal jurisdiction shall, (a) hear and deliver judgments on, (i) disputes between Contracting Parties; (ii) disputes between Contracting Parties and the Caribbean Community: (iii) referrals from national courts of Contracting Parties; and 8 (iv) applications by nationals in accordance with subsection (2) of this section, concerning the interpretation and application of the Treaty; and (b) at the request of a Contracting Party or the Caribbean Community, deliver advisory opinions. (2) Persons, (a) who are citizens, permanent residents or residents of Belize; or (b) who are incorporated or registered under the Companies Act, Cap. 250, may with the special leave of the Court, be allowed to appear as parties in proceedings before the Court where, (i) the Court has determined in any particular case that the Treaty intended that a right conferred by or under the Treaty on a Contracting Party shall enure to the benefit of such persons directly; (ii) the persons concerned have established that they have been prejudiced in respect of the enjoyment of the benefit mentioned in sub- paragraph (i); (iii) the Crown, being entitled to espouse the claim in proceedings before the Court has, 9 (ai) omitted or declined to espouse the claim; or (bi) expressly agreed that the persons concerned may espouse the claim instead of the Crown; and (iv) the Court has found that the interest of justice requires that the persons be allowed to espouse the claim. (3) The Court, in exercising its original jurisdiction shall apply such rules of international law as may be applicable. (4) Matters pertaining to the exercise of the original jurisdiction of the Court shall he brought before the Court by written application, in the manner prescribed by the Rules of (5) For the purposes of subsection (1) of this section, “national courts” means the Supreme Courts and Courts of Appeal of the Member States of the Caribbean Community and includes the Eastern Caribbean Supreme Court.
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