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  • 13 - Foreign Judges on Domestic and Regional Courts

  • from First-Hand Accounts
  • Edited by Anna Dziedzic, University of Melbourne, Simon N. M. Young, The University of Hong Kong
  • Book:
    The Cambridge Handbook of Foreign Judges on Domestic Courts
    Published online:
    26 October 2023
    Print publication:
    09 November 2023, pp 219-232

  • Summary

    The Caribbean Community (CARICOM) has two regional court systems, the Eastern Caribbean Supreme Court and the Caribbean Court of Justice. A product of political and economic integration, each court has taken a different evolutionary path resulting in different constitutional arrangements, but neither make nationality a criterion for appointment to judicial office. This chapter considers the concept of ‘foreignness’ in relation to these two regional Caribbean courts. It draws on the results of structured interviews with judicial officers and attorneys from across the region to analyse perceptions about the significance of judges’ nationality to the quality of judging and public expectations. The findings suggest that – in the Caribbean context which is shaped by regionalism, small communities and the legacies of colonialism – nationality does not matter as much as the impartiality, competency, and efficiency of the judge.