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Abstract

This Article will consider the following: Part I will discuss some general issues concerning dispute settlement internationally. Part II discuss dispute settlement systems in the Regional Economic Groupings, including the World Trade Organization ("WTO") (as evidenced in the infamous "Banana Dispute") and the future Free Trade Area of the Americas ("FTAA"), given that the Revised Treaty will be notified under article XXIV of the General Agreement on Trade and Tariffs 1994 and will presumably be accepted as being consistent with the understanding thereunder. Part III will examine the Role of the CCJ as the judicial organ of CARICOM and the interplay between the original and appellate jurisdictions of the CCJ. Part IV will analyze the institutional and jurisdictional distinctiveness of the CCJ (including its referral procedure) and the features of the CCJ that make it sui generis. Part V addresses the role of precedent, stare decisis, and the rule of Non liquet in the regime and their implications for the interface of common law and civil law. Part V will also include an analysis of the attitude towards precedent at the international level. Finally, Part VI will discuss locus standi for natural and legal persons and, to a lesser extent, the Advisory Opinion of the head of jurisdiction.

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