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Books > Reference & Interdisciplinary > Interdisciplinary studies > Area / regional studies
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Commonwealth Caribbean Law and Procedure - The Referral Procedure under Article 214 RTC in the Light of EU and International Law (Hardcover)
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Commonwealth Caribbean Law and Procedure - The Referral Procedure under Article 214 RTC in the Light of EU and International Law (Hardcover)
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Commonwealth Caribbean Law and Procedure: The Referral Procedure
under Article 214 RTC in the Light of EU and International Law is
about the referral procedure set out in Article 214 of the Revised
Treaty of Chaguaramas (RTC), which Treaty established the Caribbean
Community Single Market and Economy (CSME). Article 214 RTC bears
clear parallels to Article 267 of the Treaty on the Functioning of
the European Union (TFEU), the most important being that that both
articles pursue the same objective, i.e. they seek to ensure that
CSME law and EU law, respectively, are uniformly applied in all
Member States. Although Article 214 RTC was inspired by, and
modelled on, Article 267 TFEU, it is not its exact replica. The
similarities and differences between Article 214 RTC and Article
267 TFEU are critically assessed in this book. Also, the book:
Examines how Article 214 RTC operates in the Caribbean context, how
it interacts with other provisions of the RTC, and how it fits into
the various national legal systems of the Member States of the
CSME. Explores possible reasons why, so far, national courts of the
Member States of the CSME have not made any referrals to the
Caribbean Court of Justice (CCJ). Puts Article 214 RTC in a
comparative perspective; in particular, the book compares and
contrasts it with Article 267 TFEU. Examines some of the aspects of
Article 214 RTC in the light of public international law, bearing
in mind that under Article 217(1) RTC, the CCJ is required, when
exercising its original jurisdiction under Article 211 RTC, to
"apply such rules of international law as may be applicable." This
is to ensure that the CCJ will not bring in a finding of non liquet
on the ground of silence or obscurity of CSME law, which Article
217(2) RTC expressly prohibits. This book will be of interest to
academics and students studying CSME law, EU law, and comparative
law, as well as judges, lawyers, and governmental and
non-governmental organizations from the Caribbean region.
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