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Speaking Notes for
Rt. Hon. P. J. Patterson at the
Dinner in honour of the
Chief Justices of the Caribbean
sunday,October17,1999
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Salutations
Pleasure to respond to mandatory injunction.
Will not succumb to the temptation to impose a sentence by speech of
indefinite duration.
" To admit and avoid."
confessions - to be admissible cannot be based on hearsay
- nor induced by threat or promise.
2000 & Beyond
The close of the 20th century marks more than the inexorable passage of time.
It is the dawn of a new era - a global order that is still unfolding - a global
village in which all are yet to find their proper habitation.
A Global Order cannot survive in the absence of law. Within any village, there
must be acceptable codes which govern our conduct and behaviour.
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Where hitherto, we emphasized the conflict of Laws, we must now seek to
build a Harmony of Laws.
Terrorism, Drugs, Arms Trafficking, Money Laundering - no respect for
--- nattona1~b-oun-daries. ConcernS'-for-HumarlRf§Jhts t,-ave beceme--H-Aiversa-1.
Injustice anywhere threatens justice everywhere.
Welcome the finalization of the Statute for the Establishment of an
nternational Criminal court.
Acknowledge persuasive contribution of ANR Robinson, ace, former
Prime Minister of Trinidad & Tobago.
Challenges
In a world that is knowledge based and technologically driven, our legal
systems face new challenges - not simply the mechanisms by which we
operate our proceedings -but the substance of our judicial process
• the impact of cyberspace
• the awesome implications of human cloning.
As our common law was molded by the changes from a feudal society which
continued through to the advent of the industrial revolution, so today the
revolutionary changes in technology require that we exhibit the
jurisprudential virtuosity which will enable us to enter new legal horizons.
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Caribbean Court of Justice
It is against this backdrop, that we must consider the recent cacophony
against the Caribbean court <the 'bawl out' L
The proposal did not originate from political leaders.
The Organization of commonwealth Caribbean Bar Associations On 1970)
convincingly articulated the need to establish a Caribbean court of Appeal,
" in order to sever the last remaining vestiges of dependency which
continued to be reflected in a constitutional requirement for final judicial
determinations to be made by the Judicial committee of the Privy council in
the United Kingdom."
Reject the notion that -
it is being urged because of recent Privy council decisions about
hanging.
The independence and security of tenure are underpinned by the judicial
framework of a regional commission.
No other mechanism is suggested by any of the voices that have been in
search of what is called "insulating the judiciary from the political process.:
The other judges of the court are to be appointed on a majority vote of all
the members of the commission. There is an elaborate tribunal procedure
which has to be adopted whenever a cause for removal of a judge is alleged.
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I am advised that the Headquarters in Port-of-Spain of what is proposed to be
an itinerant court is being made ready and will be completed by October
2000.
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A cross-fertilization of ideas should take place before the court comes into
being. It is not a matter for lawyers alone - it is one for the whole society.
There should parliamentary debates, national fora, Caribbean-wide
discussions and the dissemination of material explaining the instruments
necessary for the establishment of the court.
The Single Market
commercial Law and International Trade Law will find new life in the
Caribbean with the coming into being of the Single Market and Economy.
Already there are moves towards establishing commercial and industrial
courts in some territories of CARICOM.
There is the clear need for a tribunal to be seized of an original jurisdiction
for the interpretation of the Treaty of Chaguaramas and for the resolution of
disputes that will arise under the Treaty.
storm clouds are already brewing. Regional and International trade wars are
not partial in their choice of battle ground.
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..•
• Honoured to host last biennial conference for this millennium.
N.B. The wide ranging topics you have discussed.
Judiciary - a bastion for justice
a beacon that illuminates the law with a passion that enriches the
· d-ignity of every human- being and affords social eql.J-it¥--to--a!I our
people.
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