Caribbean Trade Law and Development

Month: December 2018

  • Caribbean Trade & Development Digest – December 9-16, 2018 (Final for 2018)

    Caribbean Trade & Development Digest – December 9-16, 2018 (Final for 2018)

    Welcome to the final Caribbean Trade & Development Digest for 2018! We are happy to bring you the latest trade and development news and analysis for the week of December 9-16, 2018! 

    As this will be our last edition for 2018, we take this opportunity to thank you for your readership over the past year and to wish you and yours the very best for the season! 

    THIS WEEK’S HIGHLIGHTS

    At COP24, nearly 200 countries have reached an agreement on the implementing guidelines – the ‘Rulebook’ –  for the operationalization of the Paris Agreement (2015). This agreement came on Saturday night, a day after the two week UN Climate Talks were scheduled to end.

    The Brexit saga continued. UK Prime Minister Theresa May postponed a scheduled vote on her draft Withdrawal Agreement with the EU in the face of fervent political opposition, survived a confidence vote and  has been thus far unable to win additional concessions from the EU to placate MPs’ fears about the Withdrawal Agreement.

    See my article with Dr. Jan Yves Remy, Deputy Director of the University of the West Indies’ Shridath Ramphal Centre, analysing what these latest Brexit political headwinds mean for CARIFORUM-UK trading relations!

    Below are the other major trade and development headlines from across the Caribbean region and the world for last week:

    REGIONAL

    Antigua-Barbuda calls on WTO to reform dispute settlement body

    Caribbean News Now: Antigua and Barbuda has officially intervened in the ongoing discussions concerning the reform of the Dispute Settlement Understanding of the World Trade Organisation (WTO). Read more 

    Barbados Ambassador to Geneva sounds warning

    CBC (Barbados): Ambassador Blackman was addressing the WTO’s General Council Meeting. He told the body Barbados continues to believe in the WTO’s rules based trading system, but the country remains concerned about the impasse in the selection process for Appellate Body members. Read more 

    St Vincent becomes first OECS island to decriminalise marijuana

    LoopT&T: Saint Vincent and the Grenadines (SVG) has made history as the first OECS Member State to decriminalise marijuana for medical purposes and scientific research. Read more 

    CARICOM to review intra-regional transportation

    LoopBarbados: Come next year, the Caribbean region will see a host of new measures, including improved intra-regional transportation. Read more 

    Antigua Asks For Delay In Further Free Movement, Says It Already Has Large Numbers Of CARICOM Nationals

    Antigua News Room: The Government of Antigua and Barbuda says it has asked to be excluded, for now from implementing measures under Caricom which would see free movement of more classes of people. Read more

    CARICOM Secretary General holds talks with Aruba on associate membership

    TV6 (Trinidad): The  Secretary-General of the Caribbean Community (CARICOM), Ambassador Irwin LaRocque  on Wednesday met with Prime Minister of Aruba Hon Evelyn Wever-Croes on Associate Membership in the 15 member regional grouping – the Caribbean Community (CARICOM)  for the Dutch Territory. Read more 

    Regional Statement on the IPCC Special Report 

    CARICOM Today: CARICOM ministers with responsibility for addressing climate change released a statement on the IPCC’s Special Report. Read more 

    Belize accepts chairmanship of AOSIS

    CARICOM: Belize’s acceptance of the chairmanship of AOSIS from the Maldives in January 2019. Belize will hold the chairmanship for two years to be followed by Antigua and Barbuda in 2021. Read more 

    INTERNATIONAL

    UK and Switzerland agree to transition trade agreement after Brexit

    UK Government: The UK Government and the Swiss Federal Council have approved the transition of a trade agreement, allowing businesses to continue trading freely after the UK leaves the European Union. Read more 

    Commission reports on trade negotiations with Australia, New Zealand and Indonesia

    EU: As part of its commitment to transparency, the European Commission published today a report from the latest round of negotiations between the EU and Australia, as well as the EU’s six initial text proposals tabled during this round. Read more 

    U.S. Rejects the EU’s Trade Reform Proposal, Putting WTO at Risk

    Bloomberg: The U.S. rejected the European Union’s proposal to reform the World Trade Organization, dealing a blow to international efforts to bolster the Geneva-based body, which has come under attack from President Donald Trump’s administration. Read more 

    EU-Japan trade agreement on track to enter into force in February 2019

    EU: The European Commission welcomes today’s approval in the European Parliament of the EU-Japan Economic Partnership Agreement and the EU-Japan Strategic Partnership Agreement. Read more

    China buys US soybeans for first time since trade war

    BBC: China has bought US soybeans for the first time since the trade war between the two countries started in July. The country’s finance ministry also confirmed it would temporarily reduce tariffs on US car imports from 40% to 15%, beginning on 1 January. Read more 

    Shipping costs from China to the US have more than doubled as trade war sparks a ‘bonanza’

    CNBC: The price of shipping a container from China to the United States has risen dramatically in the last year due to uncertainty surrounding trade tensions between Washington and Beijing. Read more 

    AEC pushes for an inclusive African Continental Free-Trade Agreement

    African Review: A successful implementation of the African Continental Free Trade Area (AfCFTA) agreement cannot be achieved without the “people dimension,” ensuring that the integration process does not lead to widening inequalities or exclusion, the AEC Forum observed. Read more 

    Appellate Body issues report on revised US “dolphin-safe” tuna labelling measure

    WTO: On 14 December the Appellate Body issued its report in the cases brought by Mexico and the United States in “United States — Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products — Second Recourse to Article 21.5 of the DSU by Mexico” (DS381). Read more 

    India appeals panel ruling in dispute with Japan over safeguard duties on steel products

    WTO: India filed an appeal on 14 December concerning the WTO panel report in the case brought by Japan in “India — Certain Measures on Imports of Iron and Steel Products” (DS518). The panel report was circulated to WTO members on 6 November. Read more 

    Appellate Body issues report regarding Brazil tax measures

    WTO: On 13 December the Appellate Body issued its report in the cases by the European Union and Japan in “Brazil — Certain Measures Concerning Taxation and Charges” (DS472 and DS497). Read more

    Trade Policy Review Body: Overview of developments in the international trading environment

    WTO: Speech by WTO Director General Roberto Azevedo. Read more.

    WTO-World Bank joint publication highlights need for policies to maximize trade gains for extreme poor

    WTO: Trade has made a significant contribution to poverty reduction but further integration of developing countries into international markets and policies to share the gains from trade more widely will be essential for further reducing poverty and ensuring that no one is left behind, according to a joint publication by the World Bank Group and the World Trade Organization launched today (11 December). Read more 

    Report shows sharp rise in the coverage of trade-restrictive measures from WTO members

    WTO: The Director-General’s annual overview on trade-related developments presented to members on 11 December at a meeting of the Trade Policy Review Body (TPRB) shows a significant increase in trade coverage of trade restrictive measures by WTO members from mid-October 2017 to mid-October 2018. Read more

    EU parliament approves huge free trade deal with Japan

    Japan Today: The European Parliament on Wednesday approved an accord with Japan that has been dubbed the world’s biggest trade deal, covering economies that represent a third of the world’s GDP. Read more

    The Caribbean Trade & Development Digest is a weekly trade news digest published by the Caribbean Trade Law & Development Blog. Liked this issue? To read past issues, please visit here. To receive these mailings directly to your inbox, please follow our blog.

  • ECJ Brexit Ruling: What are the implications?

    ECJ Brexit Ruling: What are the implications?

    Renaldo Weekes ping pong

    Renaldo Weekes, Guest Contributor 

    The European Court of Justice (ECJ) ruled on Monday, December 10th, 2018, that a European Union (EU) member state has the ability to unilaterally revoke its notification of intent to leave under Article 50 of the EU’s Lisbon Treaty. This ruling comes at a time when anti-Brexit and pro-Brexit persons alike are showing great opposition to British Prime Minister Theresa May’s Brexit deal. Anti-Brexit persons, in particular, are feeling vindicated by this ruling because it allows them to double down on their stance and try to force Prime Minister May into submission.

    However, the British Government stood its ground despite the ECJ’s ruling, with British Environment Secretary, Michael Gove, arguing that the British people voted to leave the EU in 2016 and it will not reverse that decision. The Government even argued that point in the ECJ case, saying it does not plan to reverse its decision so the question of whether the United Kingdom (UK) can unilaterally revoke its Article 50 notification was merely hypothetical and of no consequence.

    May’s Brexit deal in more peril

    Can the British Government continue to take its tough stance in light of the ECJ’s ruling and all the controversy that shrouds Brexit? Some may find it admirable that the Government is not willing to waver, even in the face of fierce opposition. At some point, however, it must face facts. Anti-Brexit lawmakers will be less likely to back down. As part of its judgement, the ECJ said that the UK’s decision to revoke their Article 50 notification reflects a sovereign decision. This has essentially put absolute power into the hands of UK Members of Parliament (MPs) to change course as they do not have to yield to the EU. There is no doubt that MPs will exercise that power. To anti-Brexit lawmakers, there are no more excuses that Prime Minister May can use to prevent a second referendum or prevent Brexit. In light of this, lawmakers are more likely to vote down on the deal; though there was no doubt that they would have done otherwise.

    Responsibility and accountability

    The ECJ ruling also puts ultimate accountability on the Prime Minister and her team. The European Commission and the Council argued in the court case that article 50 could not be interpreted as allowing a member state to unilaterally revoke its notification; the member state would need the EU’s permission to revoke the notification. If this turned out to be true, and the EU refused to allow the UK to change its decision, Government would have been able to argue that the EU is at fault for restricting the UK’s sovereignty. That, however, is not the case now. Should the government refuse to reverse Brexit or, at the very least hold a second referendum, there is no other institution that holds responsibility for any ensuing consequences that should come from what is likely to be a hard or even no deal Brexit.

    Abuse of the process

    Another possible impact of the ECJ ruling was actually cited by the European Commission and the Council during their argument to the court. They noted that if member states can unilaterally revoke their notification to leave, they may abuse that process in order to retrigger the 2 year negotiation period should the original negotiations not go their way. On the face of it, this argument may not hold much weight as there is already a process through which a member state can request an extension of the negotiating period. However, should the member state not agree to the extension period proposed by the council, it may still seek to retrigger the mandated 2 year negotiating process which forces the council into a position where it must agree to the member state’s desired negotiation period. The member state may also opt to not apply for an extension and immediately retrigger the process.

    The effects that the ECJ’s ruling may or may not have on the UK and other member states notwithstanding, we must still wait to see if the British government will budge in any way as the March 2019 deadline approaches against the backdrop of MPs threatening to upend the deal and a shaky Government trying desperately to maintain its power.

    Renaldo Weekes is a holder of a BSc. (Sociology and Law) who observes international affairs from his humble, small island home. He has keen interest in how countries try to maneuver across the international political and legal stage.

  • Eight Key Outcomes from the St. Anns Declaration on CSME

    Alicia Nicholls

    Caribbean Community (CARICOM) Heads of Government met from December 3-4, 2018, in Port of Spain, Trinidad last week for the 18th Special Meeting of the Conference of Heads of Government of CARICOM which was a special meeting on the CARICOM Single Market and Economy (CSME).

    The CSME envisions deepened economic integration among participating CARICOM Member States by creating a single economic space for the free movement of Community goods, services, capital and labour, with the aim of promoting economic development and increased well-being of Community nationals. All independent CARICOM Member States, except the Bahamas, are part of the CSME, while Haiti is not yet a full participant.

    Progress towards implementation of the CSME has been painstakingly slow, a point noted in numerous reports commissioned to look at this issue, including the Jamaica-government commissioned Golding Commission Report released earlier this year which examined Jamaica’s relations within the CARICOM and CARIFORUM frameworks.

    At the end of the special CSME meeting last week, CARICOM leaders released their St. Ann’s Declaration on CSME in which they recommitted to the regional integration process and outlined several priority areas for immediate action, including setting timelines for some action areas.

    Based on the St. Ann’s Declaration on CSME, here are eight key outcomes from the CSME Special Meeting:

    1.Recommitment to national action to further CSME implementation

    CARICOM leaders recommitted to take action at the national level to advance the regional integration agenda. In their preamble to the Declaration, they reiterated that the CSME “continues to be the most viable platform for supporting growth and development” in CARICOM Member States, but acknowledged that progress on the CSME should have been further advanced by now. They welcomed Haiti’s commitment to full integration into the CSME by 2020.

    2.Greater voice for private sector and labour

    CARICOM leaders have agreed to establish a formalised and structured mechanism to facilitate dialogue between the Councils of the Community and the private sector and labour. They also agreed to amend the Revised Treaty of Chaguaramas to include representative bodies of the regional private sector and labour as Associate Institutions of the Community.

    3. Full Free Movement in 3 years (for willing Member States)

    CARICOM leaders have set a timeline of the next three years for those Member States which are willing to do so to move towards full free movement. The leaders have also agreed to reinforce the operation of their security mechanisms to ensure the integrity of the regime allowing the free movement of CARICOM nationals.

    4. Expansion of categories of skilled nationals entitled to move

    Agricultural Workers, Beauty Service Practitioners, Barbers and Security Guards will be added to the categories of skilled nationals who are entitled to move freely and seek employment within the Community.

    CARICOM leaders also reiterated that a skills certificate issued by one Member State would be recognised by all Member States. They also agreed to complete domestic legislative and other arrangements for all categories of free movement of skilled persons.

    5. Greater CARICOM-OECS collaboration

    They have mandated that steps be taken to deepen cooperation and collaboration between the Secretariats of CARICOM and the OECS “to avoid duplication and maximise the utility of scarce resources”.

    6. Single Domestic Space for passengers in the Region

    CARICOM leaders agreed to examine the re-introduction of the single domestic space for passengers in the Region and agreed to work towards having a single security check for direct transit passengers on multi-stop intra-Community flights. They also agreed to conduct a special session on Air and Maritime Transportation at the Intersessional meeting of the Conference to be held next February to focus on this matter.

    7. Public Procurement and Mutual Recognition of Member States’ incorporated companies

    CARICOM leaders set a timeline of 2019 for the finalization of the regime that permits citizens and companies of the Community to participate in Member States’ government procurement processes. They also agreed to take the necessary steps to allow for mutual recognition of companies incorporated in a CARICOM Member State.

    8. Restructured Commission on the Economy

    CARICOM leaders have restructured the Commission on the Economy to advise Member States on a growth agenda for the Community. Leading Barbadian-UK economist, Professor Avinash Persaud, has been appointed to lead this restructured commission, while its nine other members include distinguished regional and international persons.

    The text of the St Ann’s Declaration on CSME may be viewed here.

    Alicia Nicholls, B.Sc., M.Sc., LL.B., is an international trade and development consultant with a keen interest in sustainable development, international law and trade. You can also read more of her commentaries and follow her on Twitter @LicyLaw.

  • Caribbean Trade and Development Digest – December 2-8, 2018

    Caribbean Trade and Development Digest – December 2-8, 2018

    Welcome to the Caribbean Trade & Development Digest for the week of December 2-8, 2018! We are happy to bring you the major trade and development headlines and analysis from across the Caribbean Region and the world from the past week.

    THIS WEEK’S HIGHLIGHTS

    This week, CARICOM Heads of Government held a Special Session on the CARICOM Single Market and Economy (CSME) in Port of Spain, Trinidad. They issued the St. Ann’s Declaration on CSME in which they recommitted to the process of CSME implementation and outlined some key priority areas for implementation.

    The CARICOM Competition Commission (CCC) has indicated that it is closely monitoring the proposed sale of Scotia Bank’s operations in several Caribbean jurisdictions to the Trinidad-based Republic Financial Group Ltd. Read the CCC’s full statement here.

    Members of the European Parliament (MEPs) and parliamentarians from ACP countries held their  36th session of the Joint Parliamentary Assembly (JPA) in Cotonou, Benin. They adopted several resolutions, including their Declaration of the Co-Presidents on Post-Cotonou Negotiations on the occasion of the meeting of the 36th Joint Parliamentary Assembly

    Below we share the other major trade and development headlines from across the Caribbean region and the world for last week:

    REGIONAL

    CARICOM to open government procurement to regional companies

    LoopBarbados: A portal called CIMSuPro – the CARICOM Interactive Marketplace and Suspension Procedure – will be established as a managed market place for CARICOM companies to post their raw material, goods and services.  It would be made available to regional and global purchasers. Read more

    More Categories of Workers to Be Granted Free Movement Within CARICOM

    Caribbean360: More Caribbean Community (CARICOM) nationals are to be allowed to seek work in fellow member states, it has been revealed, as CARICOM leaders reaffirmed their commitment to the vision of free movement and a shared market space. Read more

    CCJ Issues Record Number of Judgments in 2018

    CARICOM: During 2018, the Caribbean Court of Justice (CCJ) issued 34 judgments and reasons for decision, its highest number of judgments delivered in a calendar year since it began its operations in 2005. Throughout that period, the CCJ also heard 28 new matters in both its Original and its Appellate Jurisdictions. Read more 

    CARICOM Committee of Ambassadors charting enhanced role

    CARICOM: CARICOM Secretary-General Ambassador Irwin LaRocque in welcome remarks, told the ambassadors their role, both individually as the link between the regional and the national, and as a constituent group within the governance structure of the Caribbean Community, assumes even greater significance in the renewed drive to implement the provisions of the CSME and other critical areas of the community’s work. Read more 

    No plans for Jexit 

    Jamaica Observer: Jamaica’s Prime Minister Andrew Holness yesterday reiterated that the decision to establish a commission to review his country’s relationship with the Caribbean Community (Caricom) was not intended to create an avenue for it to leave the 15-member regional integration movement. Read more

    Tackle CSME Issues Head On, Urges CARICOM Chairman

    Caribbean360: Caribbean Community (CARICOM) Chairman, Prime Minister Andrew Holness of Jamaica, has urged a “head on” approach to tackling of complex issues during the Special CARICOM Heads of Government Meeting on the CARICOM Single Market and Economy (CSME) underway in Trinidad and Tobago. Read more

    Guyana pushes trade and investment at OIC meeting in Turkey

    Caribbean News Now: Guyana attended the 34th meeting of the Standing Committee for Economic and Commercial Cooperation of the Organisation of Islamic Cooperation (COMCEC), which was held last week in Istanbul, Turkey. Representing Guyana at the meeting was its permanent ambassador to the United Nations, Michael Ten-Pow, who promoted the opportunities for trade and investment in his country. Read more

    Exxon Mobil could push Guyana past Mexico, Venezuela in oil output

    Houston Chronicle: The small South American nation of Guyana could become the continent’s second-largest oil producer thanks to the offshore discoveries made by Exxon Mobil, according to a new report. Read more 

    Sugar sales down, total exports down (Belize)

    The Reporter (Belize): Revenue earned from sugar exports, Belize’s largest export earner, were down in the month of October, contributing largely to an overall decrease in export revenues of 5.1 percent, according to the Statistical Institute of Belize. Read more

    Region’s Coconut Industry gets EDF boost

    CARICOM: The coconut industry in Barbados and the rest of the Caribbean should soon be receiving a further boost. That is because the 11th European Development Fund (EDF) will be financing a second coconut project in the region. Read more 

    Prensa Latina: The Caribbean Sugar Association (SAC) reported that its members met approximately 80 percent of Caricom”s raw sugar needs during 2017/18 harvest. Read more

    IMF thumbs up for Barbados

    Nation News (Barbados): The International Monetary Fund (IMF) likes the way the Barbados economy is being fixed, calling it an “excellent start”. Read more 

    INTERNATIONAL

    COP24 fails to adopt key scientific report

    BBC: Attempts to incorporate a key scientific study into global climate talks in Poland have failed. The IPCC report on the impacts of a temperature rise of 1.5C, had a significant impact when it was launched last October. Read more 

    Macron threatens to scupper EU-Mercosur trade deal over climate

    Euractiv: French President Emmanuel Macron has warned that he will oppose a trade deal between the EU and Mercosur if Brazil’s incoming far-right president pulls his country out of the Paris Agreement. Read more 

    Mercosur and EU trade negotiators meet in Brasilia

    The Rio Times: The foreign ministers of Mercosur and EU members are meeting in Brasilia on Thursday (December 6th) in an effort to advance the partnership agreement between the two economic blocs. This is the first time Mercosur and the UE are meeting after statements made by France’s Macron caused tension and doubt about the partnership. Read more 

    Why Qatar left OPEC

    Al Jazeera: Explaining the motivation behind the decision, Saad Sherida al-Kaabi, Qatar’s minister of state for energy affairs and president and CEO of Qatar Petroleum, said that Qatar’s exit from OPEC “is not political, it was purely a business decision for Qatar’s future strategy towards the energy sector.” Read more 

    RCEP: Experts to evaluate pact to strengthen India’s position

    Hindu Business Line: To sharpen India’s bargaining position in the Regional Comprehensive Economic Partnership (RCEP), which is being negotiated among 16 countries, the Commerce Ministry has roped in experts from academic institutions and think-tanks to carry out a detailed study of the pact and give their recommendations. Read more 

    #ACPEU – MEPS agree on a partnership tailored to international context

    EU Reporter: During the 36th session of the Joint Parliamentary Assembly (JPA), which took place from 3 to 5 December in Cotonou (Benin), Members of the European Parliament and their counterparts from 78 African, Caribbean and Pacific (ACP) countries debated and adopted several resolutions. Read more 

    Japan-EU trade pact clears hurdle on road to Feb. 1 start

    Nikkei Asian Review: Japan’s parliament approved an economic partnership agreement with the European Union early Saturday, keeping one of the world’s biggest free trade zones on course to take effect Feb. 1. Read more 

    EU agrees post-Brexit import quotas for other WTO members

    Reuters: The European Union endorsed on Friday new tariff rate quotas (TRQs) that the bloc will apply mainly for agricultural products coming from other World Trade Organization members after Brexit. Read more 

    Britons scramble to get E.U. passports before Brexit

    NBC: With the U.K. due to leave the European Union in March, the demand among Britons for citizenship and passports from the other 27 countries in the bloc has skyrocketed. Read more

    DG Azevêdo in US: This is a “once-in-a-generation opportunity” to renew trading system

    WTO: Speaking in Washington DC on 5 December, Director-General Roberto Azevêdo said that WTO members have “a once-in-a-generation opportunity to renew the trading system”. He argued that in responding to the range of challenges in the global trading system today, momentum was building towards strengthening and improving the work of the WTO. The Director-General was speaking at the National Foreign Trade Council’s annual World Trade Dinner. Read more 

    Argentina initiates WTO dispute complaint against Peruvian measures on biodiesel imports

    WTO: Argentina has requested WTO dispute consultations with Peru concerning anti-dumping and countervailing measures imposed by Peru on biodiesel imports from Argentina. Argentina’s request was circulated to WTO members on 5 December. Read more 

    Panels established to review India, Swiss complaints against US tariffs

    WTO: At its meeting on 4 December, the WTO’s Dispute Settlement Body (DSB) agreed to requests from India and Switzerland for the establishment of panels to examine tariffs imposed by the United States on steel and aluminium imports. Read more 

    United Kingdom submits draft post-Brexit services commitments to WTO

    WTO: WTO members received today, 3 December 2018, the United Kingdom’s draft schedule outlining its WTO commitments for services once the UK leaves the European Union. Members now have 45 days to review the schedule before certification. Read more 

    China confirms its working on independent WTO reform

    Asia Times: China is planning to put forward an independent proposal to promote WTO reform, Yicai.com reported, citing a government official and several sources. Read more

    The Caribbean Trade & Development Digest is a weekly trade news digest published by the Caribbean Trade Law & Development Blog. Liked this issue? To read past issues, please visit here. To receive these mailings directly to your inbox, please follow our blog.