Revised Treaty of Chaguaramas Establishing the Caribbean Community Including the CARICOM Single Market Economy

Selected portions of the Revised Treaty relevant to Law of International Organizations are reproduced below for LLB students.

Students - please focus on chapters 1 (Principles), 2 (Institutional Arrangements, and 9(Dispute Resolution).

The full index is reproduced first though.

REVISED TREATY OF CHAGUARAMAS ESTABLISHING THE CARIBBEAN COMMUNITY INCLUDING THE CARICOM SINGLE MARKET AND ECONOMY*

INDEX
PREAMBLE


CHAPTER ONE Article 1 - Use of Terms

PRINCIPLES

Article 2 - Establishment of the Community
Article 3 - Membership
Article 4 - Less Developed Countries and More Developed Countries
Article 5 - Modification of the Status of Member States
Article 6 - Objectives of the Community
Article 7 - Non-Discrimination
Article 8 - Most Favoured Nation Treatment
Article 9 - General Undertaking on Implementation

CHAPTER TWO INSTITUTIONAL ARRANGEMENTS

Article 10 - Organs of the Community
Article 11 - Composition of the Conference
Article 12 - Functions and Powers of the Conference
Article 13 - The Community Council of Ministers
Article 14 - The Council for Finance and Planning
Article 15 - The Council for Trade and Economic Development
Article 16 - The Council for Foreign and Community Relations
Article 17 - The Council for Human and Social Development
Article 18 - Bodies of the Community
Article 19 - Composition and Functions of Bodies of the Community
Article 20 - Co-operation by Community Organs
Article 21 - Institutions of the Community
Article 22 - Associate Institutions of the Community
Article 23 - The Secretariat
Article 24 - The Secretary-General
Article 25 - Functions of the Secretariat
Article 26 - The Consultative Process
Article 27 - Common Voting Procedures in Community Organs and Bodies
Article 28 - Voting in the Conference
Article 29 - Voting in the Community Council and Ministerial Councils

CHAPTER THREE ESTABLISHMENT, SERVICES, CAPITAL AND MOVEMENT OF COMMUNITY NATIONALS

Article 30 - Scope of Application
Article 31 - Treatment of Monopolies
Article 32 - Prohibition of New Restrictions on the Right of Establishment
Article 33 - Removal of Restrictions on the Right of Establishment
Article 34 - Management of Removal of Restrictions on the Right of Establishment
Article 35 - Acceptance of Diplomas, Certificates, and other Evidence of Qualifications
Article 36 - Prohibition of New Restrictions on the Provision of Services
Article 37 - Removal of Restrictions on Provision of Services
Article 38 - Removal of Restrictions on Banking, Insurance and Other Financial
Services
Article 39 - Prohibition of New Restrictions on Movement of Capital and Current
Transactions
Article 40 - Removal of Restrictions on Movement of Capital and Current Transactions
Article 41 - Authorisation to Facilitate Movement of Capital
Article 42 - Co-ordination of Foreign Exchange Policies and Exchange of Information
Article 43 - Restrictions to Safeguard Balance-of-Payments
Article 44 - Measures to Facilitate Establishment, Provision of Services and Movement
of Capital
Article 45 - Movement of Community Nationals
Article 46 - Movement of Skilled Community Nationals
Article 47 - Restrictions to Resolve Difficulties or Hardships Arising from the Exercise of
Rights
Article 48 - Waiver of Obligations to Grant Rights
Article 49 - Special Provisions for Less Developed Countries
Article 50 - Accelerated Implementation
CHAPTER FOUR POLICIES FOR SECTORAL DEVELOPMENT

PART ONE - INDUSTRIAL POLICY

Article 51 - Objectives of the Community Industrial Policy
Article 52 - Implementation of Community Industrial Policy
Article 53 - Micro and Small Economic Enterprise Development
Article 54 - Development of the Services Sector
Article 55 - Sustainable Tourism Development

PART TWO - AGRICULTURAL POLICY

Article 56 - The Community Agricultural Policy
Article 57 - Implementation of the Community Agricultural Policy
Article 58 - Natural Resource Management
Article 59 - Marketing of Agricultural Products
Article 60 - Fisheries Management and Development
Article 61 - Forest Management and Development
Article 62 - Saving

PART THREE - COMMON SUPPORTIVE MEASURES

Article 63 - Human Resources Development
Article 64 - Research and Development
Article 65 - Environmental Protection
Article 66 - Protection of Intellectual Property Rights
Article 67 - Standards and Technical Regulations
Article 68 - Community Investment Policy
Article 69 - Harmonisation of Investment Incentives
Article 70 - Macro-Economic Policies
Article 71 - Financial Infrastructure
Article 72 - Double Taxation Agreements
Article 73 - Industrial Relations
Article 74 - Legal Infrastructure
Article 75 - Development of Social Infrastructure
Article 76 - Role of Public Authorities
Article 77 - Special Provisions for Less Developed Countries

CHAPTER FIVE TRADE POLICY

PART ONE - PRELIMINARY

Article 78 - Objectives of the Community Trade Policy
Article 79 - General Provisions on Trade Liberalisation
Article 80 - Co-ordination of External Trade Policy
Article 81 - Deposit of Agreements with Third Countries

PART TWO - TRADE LlBERALISATION

Article 82 - Establishment of Common External Tariff
Article 83 - Operation of the Common External Tariff
Article 84 - Community Rules of Origin
Article 85 - Export Promotion
Article 86 - Freedom of Transit
Article 87 - Import Duties
Article 88 - Prohibition of Export Duties
Article 89 - Export Drawback
Article 90 - Internal Taxes and Other Fiscal Charges
Article 91 - Quantitative Restrictions
Article 92 - Difficulties Occasioned by Particular Imports
Article 93 - Government Assistance to Economic Development
Article 94 - Public Undertakings
Article 95 - Co-operation in Customs Administration

PART THREE - SUBSIDIES

Article 96 - Determination of a Subsidy
Article 97 - Types of Subsidies
Article 98 - Entitlement to Take Action Against Subsidised Products
Article 99 - Prohibited Subsidies
Article 100 - Preliminary Investigation of Prohibited Subsidies
Article 101 - Request for Consultations Relating to Prohibited Subsidies
Article 102 - Reference to COTED to Investigate Prohibited Subsidies
Article 103 - Investigation by COTED of Prohibited Subsidies
Article 104 - Withdrawal of Prohibited Subsidies
Article 105 - Subsidies Causing Injury, Nullification, Impairment or Serious Prejudice
Article 106 - Preliminary Investigation of Subsidies Causing Injury, Nullification,
Impairment or Serious Prejudice
Article 107 - Request for Consultations Relating to Subsidies Causing Injury,
Nullification, Impairment or Serious Prejudice
Article 108 - Reference to COTED to Investigate Subsidies Causing Injury, Nullification,
Impairment or Serious Prejudice
Article 109 - Investigation by COTED of Subsidies Causing Injury, Nullification,
Impairment or Serious Prejudice
Article 110 - Consequences of Failure to Remove Subsidies Causing Injury,
Nullification, Impairment or Serious Prejudice
Article 111 - Types of Subsidies Causing Serious Adverse Effects
Article 112 - Preliminary Investigation of Subsidies Causing Serious Adverse Effects
Article 113 - Request for Consultations Relating to Subsidies Causing Serious Adverse
Effects
Article 114 - Investigation by COTED of Subsidies Causing Serious Adverse Effects
Article 115 - Consequences of Failure to Eliminate or Establish Adverse Effects of
Subsidies
Article 116 - Imposition of Provisional Measures and Countervailing Duties

PART FOUR - SUBSIDIES TO AGRICULTURE

Article 117 - Definition
Article 118 - Rights
Article 119 - Obligations
Article 120 - Regulation
Article 121 - Discipline
Article 122 - Due Restraint
Article 123 - Notification
Article 124 - Review

PART FIVE - DUMPING

Article 125 - Action Against Dumping
Article 126 - Determination of Dumping
Article 127 - Determination of Injury
Article 128 - Definition of Domestic Industry
Article 129 - Initiation of Preliminary Investigations
Article 130 - Provisional Measures
Article 131 - Conduct of Investigations leading to Definitive Determination of Injury
Article 132 - Co-operation by Competent Authorities and Interested Parties
Article 133 - Imposition of Anti-Dumping Measures

CHAPTER SIX TRANSPORT POLICY

Article 134 - Objectives of the Community Transport Policy
Article 135 - Implementation of Community Transport Policy
Article 136 - Search and Rescue
Article 137 - Intra-Community Transport Services
Article 138 - Development of Air Transport Services
Article 139 - Aircraft Accident and Incident Investigation
Article 140 - Development of Maritime Transport Services
Article 141 - Special Status of the Caribbean Sea


CHAPTER SEVEN DISADVANTAGED COUNTRIES, REGIONS AND SECTORS

PART ONE - PRELIMINARY

Article 142 - Scope of Application
Article 143 - Objective of the Regimes
Article 144 - Implementation of Measures
Article 145 - Review of Measures

PART TWO - REGIME FOR DISADVANTAGED COUNTRIES, REGIONS AND SECTORS

Article 146 - Measures to Redress Disadvantage Arising from Economic Dislocation
Article 147 - Promotion of Investment
Article 148 - Measures Relating to the Services Sector
Article 149 - Measures Relating to the Right of Establishment
Article 150 - Safeguard Measures
Article 151 - Support for Sensitive Industries
Article 152 - Public Undertakings
Article 153 - Use of Technological and Research Facilities in Member States
Article 154 - Promotion of Development
Article 155 - Special Provisions for Guyana
Article 156 - Application of the Special Regime to Highly-Indebted Poor Countries
Article 157 - Technical and Financial Assistance
Article 158 - The Development Fund
Article 159 - Saving

PART THREE - SPECIAL REGIME FOR LESS DEVELOPED COUNTRIES

Article 160 - Import Duties
Article 161 - Community Origin
Article 162 - Incentive Regimes
Article 163 - The Common External Tariff
Article 164 - Promotion of Industrial Development
Article 165 - Public Undertakings
Article 166 - Use of Technological and Research Facilities
Article 167 - Special Provisions for Belize
CHAPTER EIGHT COMPETITION POLICY AND CONSUMER PROTECTION

PART ONE - RULES OF COMPETITION

Article 168 - Scope of Chapter
Article 169 - Objectives of Community Competition Policy
Article 170 - Implementation of Community Competition Policy
Article 171 - Establishment of the Competition Commission
Article 172 - Composition of the Commission
Article 173 - Functions of the Commission
Article 174 - Powers of the Commission
Article 175 - Determination of Anti-Competitive Business Conduct: Procedure of
Commission on Request
Article 176 - Determination of Anti-Competitive Business Conduct: Procedure of
Commission Proprio Motu
Article 177 - Prohibition of Anti-Competitive Business Conduct
Article 178 - Determination of Dominant Position
Article 179 - Abuse of a Dominant Position
Article 180 - Negative Clearance Rulings
Article 181 - De Minimis Rule
Article 182 - Powers of the COTED Respecting Community Competition Policy and
Rules
Article 183 - Exemptions

PART TWO - CONSUMER PROTECTION

Article 184 - Promotion of Consumer Interests in the Community
Article 185 - Protection of Consumer Interests in the Community
Article 186 - Action by the Commission to Provide Support in the Promotion of
Consumer Welfare and Protection of Consumer Interests

CHAPTER NINE DISPUTES SETTLEMENT

Article 187 - Scope of the Chapter
Article 188 - Modes of Dispute Settlement
Article 189 - Expeditious Settlement of Disputes
Article 190 - Notification of Existence and Settlement of Disputes
Article 191 - Good Offices
Article 192 - Mediation
Article 193 - Obligation to Enter Consultations
Article 194 - Obligations of Consulting Parties
Article 195 - Initiation of Conciliation Proceedings
Article 196 - Establishment of a List of Conciliators
Article 197 - Constitution of Conciliation Commission
Article 198 - Amicable Settlement
Article 199 - Functions of Conciliation Commission
Article 200 - Procedures
Article 201 - Report
Article 202 - Termination
Article 203 - Fees and Expenses
Article 204 - Arbitration
Article 205 - Constitution of the List of Arbitrators
Article 206 - Constitution of Arbitral Tribunal
Article 207 - Rules of Procedure of Arbitral Tribunal
Article 208 - Third Party Intervention
Article 209 - Additional Information from Experts
Article 210 - Expenses of Arbitral Tribunal
Article 211 - Jurisdiction of the Court in Contentious Proceedings
Article 212 - Advisory Opinions of the Court
Article 213 - Institution of Proceedings
Article 214 - Referral to the Court
Article 215 - Compliance with Judgments of the Court
Article 216 - Compulsory Jurisdiction of the Court
Article 217 - Law to be applied by the Court in the Exercise of its Original Jurisdiction
Article 218 - Application for Interim Measures
Article 219 - Revision of Judgments of the Court in the Exercise of its Original
Jurisdiction
Article 220 - Rules of Court Governing Original Jurisdiction
Article 221 - Judgment of the Court to Constitute Stare Decisis
Article 222 - Locus Standi of Private Entities
Article 223 - Alternative Disputes Settlement
Article 224 - General Undertaking

CHAPTER TEN GENERAL AND FINAL PROVISIONS

Article 225 - Security Exceptions
Article 226 - General Exceptions
Article 227 - Notification
Article 228 - Legal Capacity of the Community
Article 229 - Privileges and Immunities of the Community
Article 230 - Negotiation and Conclusion of Agreements
Article 231 - Associate Membership
Article 232 - Signature
Article 233 - Ratification
Article 234 - Entry Into Force
Article 235 - Registration
Article 236 - Amendments
Article 237 - Reservations
Article 238 - Accession
Article 239 - Undertaking
Article 240 - Saving

(Appendices omitted)


CHAPTER ONE
PRINCIPLES

ARTICLE 2
Establishment of the Community

The Community is hereby established and recognised in the Protocol hereto as successor to the Caribbean Community and Common Market.

ARTICLE 3
Membership

1. Members of the Community consist of:

(a) Antigua and Barbuda
(b) The Bahamas
(c) Barbados
(d) Belize
(e) Dominica
(f) Grenada
(g) Guyana
(h) Jamaica
(i) Montserrat
(j) St. Kitts and Nevis
(k) Saint Lucia
(l) St. Vincent and the Grenadines
(m) Suriname
(n) Trinidad and Tobago.

2. Membership of the Community shall be open to any other State or Territory of the Caribbean Region that is, in the opinion of the Conference, able and willing to exercise the rights and assume the obligations of membership.

ARTICLE 4
Less Developed Countries and
More Developed Countries

For the purpose of this Treaty the States specified in sub-paragraphs 1 (b) , (c), (g), (h), (m) and (n) of Article 3 shall be more developed countries and the remainder listed in the said paragraph shall be less developed countries.

ARTICLE 5
Modification of the Status of Member States

Notwithstanding the provisions of Article 4 and paragraph 1 of Article 28, the Conference may, by majority decision, modify the status of a Member State.

ARTICLE 6
Objectives of the Community

The Community shall have the following objectives:

(a) improved standards of living and work;

(b) full employment of labour and other factors of production;

(c) accelerated, co-ordinated and sustained economic development and convergence;

(d) expansion of trade and economic relations with third States;

(e) enhanced levels of international competitiveness;

(f) organisation for increased production and productivity;

(g) the achievement of a greater measure of economic leverage and effectiveness of Member States in dealing with third States, groups of States and entities of any description;

(h) enhanced co-ordination of Member States' foreign and {foreign] economic policies; and

(i) enhanced functional co-operation, including -

(i) more efficient operation of common services and activities for the benefit of its peoples;

(ii) accelerated promotion of greater understanding among its peoples and the advancement of their social, cultural and technological development;

(iii) intensified activities in areas such as health, education, transportation, telecommunications.

ARTICLE 7
Non-Discrimination

1. Within the scope of application of this Treaty and without prejudice to any special provisions contained therein, any discrimination on grounds of nationality only shall be prohibited. 2. The Community Council shall, after consultation with the competent Organs, establish rules to prohibit any such discrimination.

ARTICLE 8
Most Favoured Nation Treatment

Subject to the provisions of this Treaty, each Member State shall, with respect to any rights covered by this Treaty, accord to another Member State treatment no less favourable than that accorded to:

(a) a third Member State; or

(b) third States.

ARTICLE 9
General Undertaking on Implementation

Member States shall take all appropriate measures, whether general or particular, to ensure the carrying out of obligations arising out of this Treaty or resulting from decisions taken by the Organs and Bodies of the Community. They shall facilitate the achievement of the objectives of the Community. They shall abstain from any measures which could jeopardise the attainment of the objectives of this Treaty.

***

CHAPTER TWO
INSTITUTIONAL ARRANGEMENTS

ARTICLE 10
Organs of the Community

1. The principal Organs of the Community are:

(a) the Conference of Heads of Government; and

(b) the Community Council of Ministers which shall be the second highest organ.

2. In the performance of their functions, the principal Organs shall be assisted by the following Organs:

(a) the Council for Finance and Planning;

(b) the Council for Trade and Economic Development; the Council for Foreign and Community Relations, and

(c) the Council for Human and Social Development.

ARTICLE 11
Composition of the Conference

1. The Conference of Heads of Government shall consist of the Heads of Government of the Member States.

2. Any Head of Government may designate a Minister or other person to represent him or her at any Meeting of the Conference.


ARTICLE 12
Functions and Powers of the Conference

1. The Conference shall be the supreme Organ of the Community.

2. Community. The Conference shall determine and provide policy direction for the

3. Save as otherwise provided in this Treaty, the Conference shall be the final authority for the conclusion of treaties on behalf of the Community and for entering into relationships between the Community and international organizations and States.

4. The Conference may take decisions for the purpose of establishing the financial arrangements necessary to defray the expenses of the Community and shall be the final authority on questions arising in relation to the financial affairs of the Community.

5. Subject to the relevant provisions of this Treaty, the Conference shall exercise such powers as may be conferred on it by or under any Instrument elaborated by or under the auspices of the Community.

6. The Conference may establish such Organs or Bodies as it considers necessary for the achievement of the objectives of the Community.

7. The Conference may issue policy directives of a general or special character to other Organs and Bodies of the Community concerning the policies to be pursued for the achievement of the objectives of the Community and effect shall be given to such directives.

8. Notwithstanding any other provision of this Treaty, the Conference may consider and resolve disputes between Member States.

9. The Conference may consult with entities within the Caribbean Region or with other organizations and for this purpose may establish such machinery as it considers necessary.

10. Subject to the provisions of this Chapter, the Conference shall regulate its own procedure and may decide to admit at its deliberations as observers representatives of non-Member States of the Community and other entities.

11. The Bureau, consisting of the current Chairman and the immediately outgoing and incoming Chairmen of the Conference, shall perform the following functions:

(a) initiating proposals for development and approval by the Ministerial Councils as it considers necessary;

(b) updating the consensus of the Member States on issues falling to be determined by the Conference;

(c) facilitating implementation of Community decisions, both at the regional and local levels, in an expeditious and informed manner;

(d) providing guidance to the Secretariat on policy issues.


ARTICLE 13
The Community Council of Ministers

1. The Community Council shall consist of Ministers responsible for Community Affairs and any other Minister designated by the Member States in their absolute discretion.

2. The Community Council shall, in accordance with the policy directions established by the Conference, have primary responsibility for the development of Community strategic planning and co-ordination in the areas of economic integration, functional co-operation and external relations.

3. In pursuance of paragraph 2, the Community Council shall:

(a) approve the programmes of the Community on the basis, inter alia, of proposals emanating from other Community Organs;

(b) subject to paragraph 5 of Article 20, amend proposals developed by the Ministerial Councils or request them to develop proposals for the achievement of Community objectives, and have responsibility for promoting and monitoring the implementation of Community decisions in the Member States. 10.

4. Without prejudice to the generality of the foregoing provisions, the Community Council shall;

(a) subject to paragraph 4 of Article 12, examine and approve the Community budget;

(b) mobilise and allocate resources for the implementation of Community plans and programmes;

(c) establish, subject to the provisions of Article 26, a system of regional and national consultations in order to enhance the decision-making and implementation processes of the Community;

(d) promote, enhance, monitor and evaluate regional and national implementation processes and, to this end, establish a regional technical assistance service;

(e) function as a preparatory body for meetings of the Conference;

(f) ensure the efficient operation and orderly development of the CSME, particularly by seeking to resolve problems arising out of its functioning, taking into account the work and decisions of COTED;

(g) receive and consider allegations of breaches of obligations arisIng under this Treaty, including disputes between Organs of the Community;

(h) on the instructions of the Conference, issue directives to Organs and to the Secretariat aimed at ensuring the timely implementation of Community decisions; (i) undertake any additional functions remitted to it by the Conference, arising under this Treaty.

ARTICLE 14
The Council for Finance and Planning

1. The Council for Finance and Planning shall consist of Ministers designated by the Member States. Each Member State shall be entitled to designate alternates to represent it on COFAP.

2. Subject to the relevant provisions of Article 12, COFAP shall have primary responsibility for economic policy co-ordination and financial and monetary integration of Member States and, without prejudice to the generality of the foregoing, shall:

(a) establish and promote measures for the co-ordination and convergence of national macro-economic policies of the Member States and for the execution of a harmonised policy on foreign investment;

(b) promote and facilitate the adoption of measures for fiscal and monetary co-operation among the Member States, including the establishment of mechanisms for payment arrangements;

(c) recommend measures to achieve and maintain fiscal discipline by the Governments of the Member States;

(d) pending the establishment of a monetary union in the Community, recommend arrangements for the free convertibility of the currencies of the Member States on a reciprocal basis;

(e) promote the establishment and integration of capital markets in the Community, and

(f) undertake any additional functions remitted to it by the Conference arising under this Treaty. 3. Under the direction of COFAP, the Committee of Central Bank Governors shall assist in the performance of the functions mentioned in paragraph 2 of this Article.


ARTICLE 15
The Council for Trade and Economic Development

1. The Council for Trade and Economic Development shall consist of Ministers designated by the Member States. Each Member State shall be entitled to designate alternates to represent it on COTED.

2. Subject to the provisions of Article 12, CO TED shall be responsible for the promotion of trade and economic development of the Community. In particular, COTED shall:

(a) promote the development and oversee the operation of the CSME;

(b) evaluate, promote and establish measures to enhance production, quality control and marketing of industrial and agricultural commodities so as to ensure their international competitiveness;

(c) establish and promote measures to accelerate structural diversification of industrial and agricultural production on a sustainable and regionally-integrated basis;

(d) determine and promote measures for the accelerated development and marketing of services;

(e) promote and develop policies and programmes to facilitate the transportation of people and goods;

(f) promote measures for the development of energy and natural resources on a sustainable basis;

(g) establish and promote measures for the accelerated development of science and technology;

(h) promote and develop policies for the protection of and preservation of the environment and for sustainable development;

(i) promote and develop, in collaboration with the Council for Foreign and Community Relations, co-ordinated policies for the enhancement of external economic and trade relations of the Community, and U) undertake any additional functions remitted to it by the Conference, arising under this Treaty.


ARTICLE 16
The Council for Foreign and Community Relations

1. The Council for Foreign and Community Relations shall consist of Ministers Responsible for the Foreign Affairs of Member States. Each Member State shall be entitled to designate an alternate to represent it on COFCOR.

2. Subject to the provisions of Article 12, COFCOR shall be responsible for determining relations between the Community and international organisations and Third States.

3. Without prejudice to the generality of paragraph 2, COFCOR shall:

(a) promote the development of friendly and mutually beneficial relations among the Member States;

(b) establish measures to co-ordinate the foreign policies of the Member States of the Community, including proposals for joint representation, and seek to ensure, as far as practicable, the adoption of Community positions on major hemispheric and international issues;

(c) co-ordinate the positions of the Member States in inter- governmental organisations in whose activities such States participate;

(d) collaborate with COTED in promoting and developing co-ordinated policies for the enhancement of external economic and trade relations of the Community;

(e) co-ordinate, in close consultation with the Member States, Community policy on International issues with the policies of States in the wider Caribbean Region in order to arrive at common positions in relation to Third States, groups of States and relevant inter-governmental organisations, and

(f) undertake any additional functions remitted to it by the Conference, arising under this Treaty. 4. Only Member States possessing the necessary competence with respect to the matters under consideration from time to time may take part in the deliberations of COFCOR.


ARTICLE 17
The Council for Human and Social Development

1. The Council for Human and Social Development shall consist of Ministers designated by the Member States. Each Member State shall be entitled to designate alternates to represent it on COHSOD.

2. Subject to the provisions of Article 12, COHSOD shall be responsible for the promotion of human and social development in the Community. In particular, COHSOD shall:

(a) promote the improvement of health, including the development and organisation of efficient and affordable health services in the Community;

(b) promote the development of education through the efficient organisation of educational and trainIng facilities In the Community, including elementary and advanced vocational training and technical facilities;

(c) promote and develop co-ordinated policies and programmes to improve the living and working conditions of workers and take appropriate measures to facilitate the organisation and development of harmonious labour and industrial relations in the Community;

(d) establish policies and programmes to promote the development of youth and women in the Community with a view to encouraging and enhancing their participation in social, cultural, political and economic activities;

(e) promote and establish programmes for the development of culture and sports in the Community;

(f) promote the development of special focus programmes supportive of the establishment and maintenance of a healthy human environment in the Community, and

(g) undertake any additional functions remitted to it by the Conference, arising under this Treaty. 3. Without prejudice to the requirements of any otherprovision of this Treaty, COHSOD shall promote co-operation among the Member States in the areas set out in the schedule hereto in furtherance of the objectives set out in Article 5.


ARTICLE 18
Bodies of the Community

1. There are hereby established as Bodies of the Community:

(a) the Legal Affairs Committee; and

(b) the Budget Committee.

2. The Council of Central Bank Governors shall be redesignated the "Committee of Central Bank Governors" and recognised as a Body of the Community.

3. The Organs of the Community may establish, as they deem necessary, other Bodies of the Community.


ARTICLE 19
Composition and Functions of Bodies of the Community

1. The Legal Affairs Committee shall consist of the MInisters responsible for Legal Affairs or Attorneys-General of the Member States, or both, and shall be responsible for providing the Organs and Bodies, either on request or on its own initiative, with advice on treaties, international legal issues, the harmonisation of laws of the Community and other legal matters.

2. The Budget Committee shall consist of senior officials of the Member States who shall perform their functions in a professional capacity. It shall examine the draft budget and work programme of the Community prepared by the Secretariat and submit recommendations to the Community Council.

3. The Committee of Central Bank Governors shall consist of the Governors or Heads of the Central Banks of the Member States or their nominees. The Committee shall make recommendations to COFAP on matters relating to monetary co-operation, payments arrangements, free movement of capital, integration of capital markets, monetary union and any other related matters referred to it by the Organs of the Community.

4. The procedures of Bodies shall be regulated, mutatis mutandis. by the relevant provisions of Articles 27 and 29.

ARTICLE 20
Co-operation by Community Organs

1. Community Organs shall co-operate with each other for the achievement of Community objectives.

2. The Bureau and the Community Council may initiate proposals for development by the Ministerial Councils within their respective areas of competence.

3. Where a Community Organ proposes to develop a proposal which is likely to impact importantly on activities within the sphere of competence of another Community Organ, the first-mentioned Community Organ shall transmit such proposal to other interested Community Organs for their consideration and reaction before reaching a final decision on the proposal.

4. Proposals approved by the Ministerial Councils shall be transmitted to the Community Council for prioritisation and resource allocation for their implementation.

5. Proposals approved by the Ministerial Councils and transmitted to the Community Council for prioritisation and resource allocation for implementation may be returned by the Community Council to the originating Organ for modification. The Community Council may modify the proposal to the extent and in the manner agreed with the originating Organ.

6. The Secretariat shall monitor the development and implementation of proposals for the achievement of Community objectives and keep the Community Council informed accordingly.

4. Proposals approved by the Ministerial Councils shall be transmitted to the Community Council for prioritisation and resource allocation for their implementation.

5. Proposals approved by the Ministerial Councils and transmitted to the Community Council for prioritisation and resource allocation for implementation may be returned by the Community Council to the originating Organ for modification. The Community Council may modify the proposal to the extent and in the manner agreed with the originating Organ.

6. The Secretariat shall monitor the development and implementation of proposals for the achievement of Community objectives and keep the Community Council informed accordingly.


ARTICLE 21
Institutions of the Community

The following entities established by or under the auspices of the Community shall be recognised as Institutions of the Community:

*

Caribbean Disaster Emergency Response Agency (CDERA); .
*

Caribbean Meteorological Institute (CMI);
*

Caribbean Meteorological Organisation (CMO);
*

Caribbean Environmental Health Institute (CEHI); .
*

Caribbean Agricultural Research and Development Institute (CAROl); .
*

Caribbean Regional Centre for the Education and Training of Animal Health and Veterinary Public Health Assistants (REPAHA); .
*

Association of Caribbean Community Parliamentarians (ACCP); .
*

Caribbean Centre For Developmental Administration (CARICAD); .
*

Caribbean Food and Nutrition Institute (CFNI),

and such other entities as may be designated by the Conference.


ARTICLE 22
Associate Institutions of the Community

The following entities with which the Community enjoys important functional relationships which contribute to the achievement of the objectives of the Community shall be recognised as Associate Institutions of the Community:

*

Caribbean Development Bank (COB);
*

University of Guyana (UG);
*

University of the West Indies (UWI) ;
*

Caribbean Law Institute / Caribbean Law Institute Centre (CLI/CLIC);
*

the Secretariat of the Organisation of Eastern Caribbean States; .

and such other entities as may be designated by the Conference.


ARTICLE 23
The Secretariat

1. The Secretariat shall be the principal administrative organ of the Community. The headquarters of the Community shall be located in Georgetown, Guyana.

2. The Secretariat shall comprise a Secretary-General and such other staff as the Community may require. In the recruitment of such staff, consideration shall be given to securing the highest standards of efficiency, competence and integrity, bearing in mind the principle of equitable geographical distribution.

3. The Secretary-General shall, in addition to the powers conferred by or under the Treaty, be the Chief Executive Officer of the Community and shall act in that capacity at all meetings of Community Organs and Bodies. He shall make an annual report to the Conference on the work of the Community.

4. In the performance of their duties the Secretary-General and staff shall neither seek nor receive instructions from any Government of the Member States or from any other authority external to the Community. They shall refrain from any action which might reflect adversely on their position as officials of the Community and shall be responsible only to the Community.

5. Member States undertake to respect the exclusively international character of the responsibilities of the Secretary-General and staff and shall not seek to influence them in the discharge of their responsibilities.

6. The Conference shall approve the Staff Regulations governing the operations of the Secretariat.

7. The Community Council shall approve the financial regulations governing the operations of the Secretariat.

8 The Secretary-General shall establish Staff Rules for the operation of the Secretariat.

ARTICLE 24
The Secretary-General

1. The Secretary-General shall be appointed by the Conference, on the recommendation of the Community Council, for a term not exceeding five years and may be reappointed by the Conference.

2. The Secretary-General shall be the Chief Executive Officer of the Community and shall, subject to the determinations of competent Organs of the Community and in accordance with the financial and other regulations, perform the following functions:

(a) represent the Community;

(b) develop, as mandated, decisions of competent Organs of the Community into implementable proposals;

(c) identify and mobilise, as required, external resources to implement decisions at the regional level and undertake studies and develop decisions on relevant issues into implementable proposals;

(d) implement, as mandated, decisions at the regional level for the achievement of Community objectives;

(e) implement, with the consent of the Member State concerned, Community decisions which do not require legislative or administrative action by national authorities;

(f) monitor and report on, as mandated, implementation of Community decisions; (g) initiate or develop proposals for consideration and decision by competent Organs in order to achieve Community objectives, and (h) such other functions assigned by the Conference or other competent Organs.

ARTICLE 25
Functions of the Secretariat

In addition to any functions which may be assigned to it by Organs of the Community, the Secretariat shall:

(a) service meetings of the Organs and Bodies of the Community and take appropriate follow up action on determinations issuing from such meetings;

(b) initiate, organise and conduct studies on issues for the achievement of the objectives of the Community;

(c) provide, on request, services to the Member States of the Community on matters relating to the achievement of its objectives;

(d) collect, store and disseminate to the Member States of the Community information relevant for the achievement of its objectives;

(e) assist Community Organs in the development and implementation of proposals and programmes for the achievement of objectives of the Community;

(f) co-ordinate in relation to the Community the activities of donor agencies, international, regional and national institutions for the achievement of objectives of the Community;

(g) prepare the draft budget of the Community for examination by the Budget Committee;

(h) provide, on request, technical assistance to national authorities to facilitate implementation of Community decisions; (i) conduct, as mandated, fact-finding assignments in the Member States, and (j) initiate or develop proposals for consideration and decision by competent Organs in order to achieve Community objectives.

ARTICLE 26
The Consultative Process

1. In order to enhance the decision-making process in the Community, the Community Council, assisted by the Secretary-General, shall, in collaboration with competent authorities of the Member States, establish and maintain an efficient system of consultations at the national and regional levels.

2. The system of consultations shall be structured to ensure that determinations of Community Organs and the Legal Affairs Committee are adequately informed by relevant information inputs and are reinforced by consultations undertaken at successively lower levels of the decision-making process.

ARTICLE 27
Common Voting Procedures
in Community Organs and Bodies

1. Subject to paragraph 2 of this Article, each Member State represented on Community Organs and Bodies shall have one vote. A simple majority of Member States shall constitute a quorum.

2. Member States, whose contributions to the regular budget of the Community are in arrears for more than two years, shall not have the right to vote except on matters relating to the CSME, but may otherwise participate in the deliberations of Community Organs and Bodies. The Conference may, nevertheless, permit such Member States to vote if it is satisfied that the failure to contribute is due to conditions beyond their control.

3. Decisions on procedural issues in Community Organs shall be reached by a simple majority of Member States.

4. Subject to the agreement of the Conference, a Member State may opt out of obligations arising from the decisions of competent Organs provided that the fundamental objectives of the Community, as laid down in the Treaty, are not prejudiced thereby.

5. Prior to taking decisions on any issue falling to be determined by Community Organs, the Secretariat shall bring to the attention of the meeting the financial implications of such decisions and any other matters which may be relevant.

6. Recommendations of Community Organs shall be made by a two-thirds majority of Member States and shall not be legally binding. Member States omitting to comply with recommendations shall inform the Secretariat in writing within six months stating the reasons for their non-compliance.

7. Subject to the relevant provisions of this Treaty, Community Organs and Bodies shall establish their rules of procedure.

ARTICLE 28
Voting in the Conference

1. Save as otherwise provided in this Treaty and subject to paragraph 2 of this Article and the relevant provisions of Article 27, the Conference shall take decisions by an affirmative vote of all its members and such decisions shall be binding.

2. For the purpose of this Article abstentions shall not be construed as impairing the validity of decisions of the Conference provided that the Member States constituting three-quarters of the membership of the Community, vote in favour of such decisions.

3. Omission by a Member State to participate in the vote shall be deemed an abstention within the meaning of paragraph 2 of this Article.

4. Parties to a dispute or against which sanctions are being considered shall not have the right to vote on the issue falling to be determined.

ARTICLE 29
Voting in the Community Council and Ministerial Councils

1. Save as otherwise provided in this Treaty and subject to the provisions of this Article and Article 27, the Ministerial Councils shall take decisions by a qualified majority vote and such decisions shall be binding.

2. For the purposes of paragraph 1 of this Article a qualified majority vote means an affirmative vote of the Member States comprising no less than three-quarters of the membership of the Community.

3. Where issues have been determined to be of critical importance to the national well-being of a Member State, in accordance with paragraph 4 of this Article, such decisions shall be reached by an affirmative vote of all Member States.

4. Decisions that an issue is of critical importance to the national well-being of a Member State shall be reached by a two-thirds majority of the Member States.

5. For the purposes of paragraph 3 of this Article abstentions shall not be construed as impairing the validity of decisions required to be reached by unanimity provided that Member States constituting not less than three-quarters of the membership of the Community vote in favour of such decisions.

***

CHAPTER NINE
DISPUTES SETTLEMENT

ARTICLE 187
Scope of the Chapter

The provisions of this Chapter shall apply to the settlement of disputes concerning the interpretation and application of the Treaty, including:

(a) allegations that an actual or proposed measure of another Member State is, or would be, inconsistent with the objectives of the Community;

(b) allegations of injury, serious prejudice suffered or likely to be suffered, nullification or impairment of benefits expected from the establishment and operation of the CSME;

(c) allegations that an organ or body of the Community has acted ultra vires: or

(d) allegations that the purpose or object of the Treaty is being frustrated or prejudiced.

ARTICLE 188
Modes of Dispute Settlement

1. Subject to the provisions of this Treaty, the disputes mentioned in Article 187 shall be settled only by recourse to anyone of the following modes for the settlement of disputes, namely, good offices, mediation, consultations, conciliation, arbitration and adjudication.

2. Where a dispute has not been settled following the adoption of one of the modes referred to in paragraph 1 other than arbitration or adjudication, either party may have recourse to another mode.

3. Subject to the procedural rules applicable in respect of arbitration or adjudication, the parties may agree, pending a settlement, to have recourse to good offices, mediation or conciliation in order to arrive at a settlement.

4. Without prejudice to the exclusive and compulsory jurisdiction of the Court in the interpretation and application of this Treaty under Article 211, the parties may use any of the voluntary modes of dispute settlement provided for in this Article in 113. the settlement of a dispute.

ARTICLE 189
Expeditious Settlement of Disputes

Where a dispute arises between Member States, the parties shall proceed expeditiously to an exchange of views for the purpose of agreeing on:

(a) a mode of settlement and where an agreed mode has been terminated, to another mode of settlement; or

(b) a mutually satisfactory method of implementation where a settlement has been reached and the circumstances require consultation regarding its implementation.

ARTICLE 190
Notification of Existence and Settlement of Disputes

1. Member States parties to a dispute shall notify the Secretary-General of.

(a) the existence and nature of the dispute; and

(b) any mode of dispute settlement agreed upon or initiated.

2. Where a settlement is reached the Member States concerned shall notify the Secretary-General of the settlement and the mode used in arriving at the settlement.

3. The Secretary-General shall, as soon as practicable after receiving the information pursuant to paragraphs 1 and 2, notify other Member States of the information received.

ARTICLE 191
Good Offices

1. Member States parties to a dispute may agree to employ the good offices of a third party, including those of the Secretary-General, to settle the dispute.

2. Good offices may begin or be terminated at any time. Subject to the procedural rules applicable in respect of arbitration or adjudication, good offices may continue during the course of arbitration or adjudication.

ARTICLE 192
Mediation

1. Where Member States parties to a dispute agree to settle the dispute by recourse to mediation, the parties may agree on a mediator or may request the Secretary-General to appoint a mediator from the list of conciliators mentioned in Article 196.

2. Mediation may begin or be terminated at any time. Subject to the procedural rules applicable in respect of arbitration or adjudication, mediation may continue during the course of arbitration or adjudication.

3. Proceedings involving mediation and, in particular, positions taken by parties during the proceedings, shall be confidential and without prejudice to the rights 114. of the parties in any further proceedings.

ARTICLE 193
Obligation to Enter Consultations

1. A Member State shall enter into consultations upon the request of another Member State where the requesting Member State alleges that an action taken by the requested Member State constitutes a breach of obligations arising from or under the provisions of this Treaty.

2. Where a request for consultations is made pursuant to paragraph 1, the requested Member State shall enter into consultations within 14 days of the receipt of the request or a mutually agreed period.

3. Where:

(a) consultations have not been entered into within the period referred to in paragraph 2; or

(b) the consultations fail to settle the dispute within 45 days of the receipt of the request for consultations or the dates mutually agreed,

the requesting Member State may resort to any mode of dispute settlement including arbitration and adjudication.

4. Requests for consultations shall be in writing. The request shall state the reasons for the consultations and identify the measure at issue and the legal basis for the complaint.

5.The Secretary-General shall be notified of any request for consultations.

6. Consultations shall be confidential and without prejudice to the rights of the Member States in any further proceedings. However, before resorting to further proceedings, the Member States shall employ their best endeavours to settle the dispute.

7. In cases of urgency including those concerning perishable goods, the requested Member State shall enter into consultations within 3 days of the receipt of the request, and where such consultations are not entered into, the requesting Member State may resort to arbitration and adjudication.

8. Where consultations under paragraph 7 fail to settle the dispute within 7 days of the receipt of the request for such consultations, the requesting Member State may resort to arbitration and adjudication.

9. Whenever a Member State, other than the consulting Member States, considers that it has a legitimate interest in consultations being held pursuant to this Article, such Member State may notify the consulting Member States and the Secretary- General, within 10 days after the date of the circulation of the request for consultations, of its desire to be joined in the consultations. Such Member State shall be joined in the consultations, provided that the requested Member State agrees that the claim of legitimate interest is well-founded and based on similar facts and circumstances. In that event, the Member States concerned shall notify the Secretary-General. If the request to be joined in the consultations is not granted, the applicant Member State may request consultations under paragraph 1 of this Article.

ARTICLE 194
Obligations of Consulting Parties

Where Member States parties to a dispute agree to settle the dispute by consultations, they shall endeavour to arrive at a mutually satisfactory settlement of the dispute through the consultations, and to this end shall:

(a) provide sufficient information to enable a full examination of how the action complained of constitutes a breach of obligations arising from or under the provisions of this Treaty referred to in Article 193; and

(b) treat any confidential or proprietary information exchanged in the course of consultations on the same basis as it is treated by the Member State providing the information.

ARTICLE 195
Initiation of Conciliation Proceedings

Where Member States parties to a dispute have agreed to submit the dispute to conciliation under this Part, any such Member State may institute proceedings by notification addressed to the other party or parties to the dispute.

ARTICLE 196
Establishment of a List of Conciliators

1. A List of Conciliators shall be established and maintained by the Secretary-Generat. Every Member State shall be entitled to nominate two conciliators, each of whom shall be a person enjoying the highest reputation for fairness, competence and integrity. The names of the persons so nominated shall constitute the List. If at any time the number of conciliators nominated by a Member State is less than two, the Member State concerned shall be entitled to make such nominations as are necessary. The name of a conciliator shall remain on the List until withdrawn by the Member State which made the nomination and where a conciliator has been appointed to serve on any mediation or conciliation commission, the conciliator shall continue to serve on such commission until the completion of the relevant proceedings.

2. The term of a conciliator, including that of a conciliator appointed to fill a vacancy, shall be five (5) years and may be renewed.

ARTICLE 197
Constitution of Conciliation Commission

A conciliation commission shall be constituted from time to time as follows:

(a) subject to the provisions of this Article, a conciliation commission shall consist of three members;

(b) unless the parties otherwise agree, the party instituting the proceedings shall appoint one conciliator to be chosen from the List mentioned in Article 196. The conciliator appointed may be a national of the party making the appointment. Such an 116. appointment shall be included in the notification mentioned in Article 195;

(c) the other party to the dispute shall appoint a conciliator in the manner set forth in sub-paragraph (b) within ten days of the notification referred to in Article 195. If the appointment is not made within that period, the party instituting the proceedings may, within one week of the expiration of that period, either terminate the proceedings by notification addressed to the other party or request the Secretary-General to make the appointment in accordance with sub-paragraph (e);

(d) within ten days after both conciliators have been appointed, they shall appoint a third conciliator chosen from the List referred to in Article 196, and who shall be the Chairman. If the appointment is not made within that period either party may, within the week of the expiration of that period, request the Secretary-General to make the appointment in accordance with sub-paragraph (e);

(e) within ten days of the receipt of a request under sub-paragraphs (c) and (d), the Secretary-General shall make the necessary appointments from the List referred to in Article 196 in consultation with the parties to the dispute;

(f) any vacancy on a conciliation commission shall be filled in the manner prescribed for the initial appointment;

(g) two or more Member States parties to the dispute which determine by agreement that they are of the same interest shall appoint one conciliator jointly;

(h) in disputes involving more than two parties having separate interests, or where there is disagreement as to whether they are of the same interest, the parties shall apply sub-paragraphs (a) to (f) in so far as may be possible.

ARTICLE 198
Amicable Settlement

A conciliation commission may draw to the attention of the Member States parties to the dispute any measures which might facilitate an amicable settlement of the dispute.

ARTICLE 199
Functions of Conciliation Commission

A conciliation commission shall hear the Member States parties to the dispute, examine their claims and objections, and make proposals to the parties with a view to reaching an amicable settlement.

ARTICLE 200
Procedure

1. A conciliation commission shall, unless the Member States parties to the dispute otherwise agree, determine its own procedure. A conciliation commission may, with the consent of the parties to the dispute, invite any Member State to submit its views to the commission, orally or in writing. The report and recommendations and decisions of the commission regarding procedural matters shall be made by a majority vote of its members.

2. The Member States parties to the dispute may, by agreement applicable solely to that dispute, modify the procedure referred to in paragraph 1.

ARTICLE 201
Report

1. A conciliation commission shall report within three months of its constitution. Its report shall record any agreements reached and, failing agreement, its conclusions on all questions of fact or law relevant to the matter in dispute and such recommendations as a conciliation commission may deem appropriate for an amicable settlement.

2. The conclusions or recommendations of a conciliation commission shall not be binding upon the parties.

ARTICLE 202
Termination

The concIliation proceedings shall be deemed to be terminated when a settlement has been reached, when the parties have accepted or one party has rejected the recommendations of the report by notification addressed to the Secretary-General, or when a period of one month has expired from the date of transmission of the report to the parties.

ARTICLE 203
Fees and Expenses

The fees and expenses of a conciliation commission shall be borne by the Member States parties to the dispute.

ARTICLE 204
Arbitration

A Member State party to a dispute may, with the consent of the other party, refer the matter to an arbitral tribunal constituted in accordance with the provisions of this Chapter.

ARTICLE 205
Constitution of the List of Arbitrators

1. For the purposes of constituting the arbitral tribunal referred to in Article 206, the Secretary-General shall establish and maintain a List of Arbitrators comprising persons chosen strictly on the basis of impartiality, reliability and sound judgment and who shall:

(a) have expertise or experience in law, international trade, other matters covered by this Treaty, or the settlement of disputes arising under international trade agreements; 118.

(b) be independent of and not be affiliated with or take instructions from any Member State; and

(c) comply with the Code of Judicial Conduct governing the behaviour of judges of the Court. 2. The term of an arbitrator, including that of any arbitrator nominated to fill a vacancy, shall be five years and may be renewed.

ARTICLE 206
Constitution of Arbitral Tribunal

1. Each of the Member States parties to a dispute shall be entitled to appoint one arbitrator from the List of Arbitrators. The two arbitrators chosen by the parties shall be appointed within fifteen days following the decision to refer the matter to arbitration. The two arbitrators shall, within fifteen days following the date of their appointments, appoint a third arbitrator from the List who shall be the Chairman. As far as practicable, the arbitrators shall not be nationals of any of the parties to the dispute.

2. Where either party to the dispute fails to appoint its arbitrator under paragraph 1, the Secretary-General shall appoint the arbitrator within ten days. Where the arbitrators fail to appoint a Chairman within the time prescribed, the Secretary- General shall appoint a Chairman within ten days.

3. Where more than two Member States are parties to a dispute, the parties concerned shall agree among themselves on the two arbitrators to be appointed from the List of Arbitrators within fifteen days following the decision to refer the matter to arbitration and the two arbitrators shall within fifteen days of their appointment appoint a third arbitrator from the List who shall be the Chairman.

4. Where no agreement is reached under paragraph three, the Secretary- General shall make the appointment within ten days and where the arbitrators fail to appoint a Chairman within the time prescribed the Secretary-General shall make the appointment within ten days.

5. Notwithstanding paragraphs 1, 2, 3 and 4, Member States parties to a dispute may refer the matter to arbitration and consent to the Secretary-General appointing a sole arbitrator from the list who shall not be a national of a Party to the dispute.

ARTICLE 207
Rules of Procedure of Arbitral Tribunal

1. Subject to the relevant provisions of this Chapter, the arbitral tribunal shall establish its own rules of procedure.

2. The procedures shall assure a right to at least one hearing before the arbitral tribunal as well as the opportunity to provide initial and rebuttal written submissions.

3. The arbitral tribunal's hearings, deliberations and initial report, and all written submissions to and communications with the arbitral tribunal, shall be confidential.

4. The arbitral tribunal may invite any Member State to submit views orally or in writing.

5 The award of the arbitral tribunal shall be confined to the subject matter of the dispute and shall state the reasons on which it is based.

6. Where the parties cannot agree on the interpretation or implementation of the award, either party may apply to the arbitral tribunal for a ruling within thirty days of the award. The term of the arbitral tribunal shall come to an end unless an application for a ruling has been received, in which case it shall continue for such reasonable time, not exceeding thirty days, as may be required to make the ruling.

7. Decisions of the arbitral tribunal shall be taken by a majority vote of its members and shall be final and binding on the Member States parties to the dispute.

ARTICLE 208
Third Party Intervention

A Member State which is not a party to a dispute, on delivery of a notification to the parties to a dispute and to the Secretary-General, shall be entitled to attend all hearings and to receive written submissions of the parties to a dispute and may be permitted to make oral or written submissions to the arbitral tribunal.

ARTICLE 209
Additional Information from Experts

Where proceedings have commenced, the arbitral tribunal may, on its own initiative or on the request of a party to the dispute, seek information and technical advice from any expert or body that it considers appropriate, provided that the parties to the dispute so agree and subject to such terms and conditions as the parties may agree.

ARTICLE 210
Expenses of Arbitral Tribunal

1. The expenses of the arbitral tribunal, including the fees and subsistence allowances of arbitrators and experts engaged for the purposes of a dispute, shall be borne equally by the Member States parties to the dispute unless the arbitral tribunal, taking into account the circumstances of the case, otherwise determines.

2. Where a third party intervenes in the proceedings, the party shall bear the costs associated with the intervention.

ARTICLE 211
Jurisdiction of the Court in Contentious Proceedings

1. Subject to this Treaty, the Court shall have compulsory and exclusive jurisdiction to hear and determine disputes concerning the interpretation and application of the Treaty, including:

(a) disputes between the Member States parties to the Agreement;

(b) disputes between the Member States to the parties to the Agreement and the Community;

(c) referrals from national courts of the Member States patties to the Agreement;

(d) applications by persons in accordance with Article 222,

concerning the interpretation and application of this Treaty.

2. For the purpose of this Chapter, "national courts" includes the Eastern Caribbean Supreme Court.

ARTICLE 212
Advisory Opinions of the Court

1. The Court shall have exclusive jurisdiction to deliver advisory opinions concerning the interpretation and application of the Treaty.

2. Advisory opinions shall be delivered only at the request of the Member States patties to a dispute or the Community.

ARTICLE 213
Institution of Proceedings

Any patty to a dispute may institute proceedings in accordance with the Rules of Court governing Original Jurisdiction.

ARTICLE 214
Referral to the Court

Where a national court or tribunal of a Member State is seised of an issue whose resolution involves a question concerning the interpretation or application of this Treaty, the court or tribunal concerned shall, if it considers that a decision on the question is necessary to enable it to deliver judgment, refer the question to the Court for determination before delivering judgment.

ARTICLE 215
Compliance with Judgments of the Court

The Member States, Organs, Bodies of the Community, entities or persons to whom a judgment of the Court applies, shall comply with that judgment promptly.

ARTICLE 216
Compulsory Jurisdiction of the Court

1. The Member States agree that they recognise as compulsory, ipso facto and without special agreement, the original jurisdiction of the Court referred to in Article 211.

2. In the event of a dispute as to whether the Court has jurisdiction, the matter shall be determined by decision of the Court.

ARTICLE 217
Law to be Applied by the Court in the Exercise
of its Original Jurisdiction

1. The Court, in exercising its original jurisdiction under Article 211, shall apply such rules of international law as may be applicable.

2. The Court may not bring in a finding of non liquet on the ground of silence or obscurity of the law. 3. The provisions of paragraphs 1 and 2 shall not prejudice the power of the Court to decide a dispute ex aequo et bono if the patties so agree.

ARTICLE 218
Application for Interim Measures

The Court shall have the power to prescribe, if it considers the circumstances so require, any interim measures that ought to be taken to preserve the rights of either patty.

ARTICLE 219
Revision of Judgments of the Court in the
Exercise of its Original Jurisdiction

1. The Court shall, in the exercise of its Original Jurisdiction, be competent to revise its judgment on an application made in that behalf

2. An application for the revision of a judgment of the Court in the exercise of its original jurisdiction may be made only when it is based upon the discovery of some fact of such a nature as to be a decisive factor; which fact was, when the judgment was given, unknown to the Court and to the patty claiming revision: provided always the ignorance of that fact was not due to negligence on the part of the applicant.

3. Proceedings for a revision shall be opened by a judgment of the Court expressly recording the existence of the new fact, recognising that it has such a character as to lay the case open to revision, and declaring the application admissible on this ground.

4. The Court may require previous compliance with the terms of the judgment before it admits proceedings for a revision.

5. The application for a revision shall be made within six months of the discovery of the new fact.

6. No application for a revision may be made after the lapse of five years from the date of the judgment.

ARTICLE 220
Rules of Court Governing Original Jurisdiction

The Rules of Court established by the President of the Court in accordance with Article XXI of the Agreement shall apply in the exercise of the original jurisdiction of the Court.

ARTICLE 221
Judgment of the Court to Constitute Stare Decisis

Judgments of the Court shall constitute legally binding precedents for patties in proceedings before the Court unless such judgments have been revised in accordance with Article 219.

ARTICLE 222
Locus Standi of Private Entities

Persons, natural or juridical, of a Contracting Patty may, with the special leave of the Court, be allowed to appear as patties in proceedings before the Court where:

(a) the Court has determined in any particular case that this Treaty intended that a right or benefit conferred by or under this Treaty on a Contracting Patty shall enure to the benefit of such persons directly; and

(b) the persons concerned have established that such persons have been prejudiced in respect of the enjoyment of the right or benefit mentioned in paragraph (a) of this Article; and

(c) the Contracting Patty entitled to espouse the claim in proceedings before the Court has:

(i) omitted or declined to espouse the claim, or

(ii) expressly agreed that the persons concerned may espouse the claim instead of the Contracting Patty so entitled; and

(d) the Court has found that the interest of justice requires that the persons be allowed to espouse the claim.

ARTICLE 223
Alternative Disputes Settlement

1. The Member States shall, to the maximum extent possible, encourage and facilitate the use of arbitration and other modes of alternative disputes settlement for the settlement of private commercial disputes among Community nationals as well as among Community nationals and nationals of third States.

2. Each Member State shall provide appropriate procedures in its legislation to ensure observance of agreements to arbitrate and for the recognition and enforcement of arbitral awards in such disputes.

3. A Member State which has implemented the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards or the Arbitration Rules of the United Nations Commission on International Trade Law shall be deemed to be in compliance with the provisions of paragraph 2 of this Article.

ARTICLE 224
General Undertaking

Each Member State undertakes to employ its best endeavours to complete the constitutional and legislative procedures required for its participation in the regime establishing the Court as soon as possible.

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