Caribbean Trade Law and Development

Month: February 2022

  • Caribbean Trade and Development News Digest – February 6 – 12, 2022

    Caribbean Trade and Development News Digest – February 6 – 12, 2022

    Welcome to our Caribbean Trade and Development News Digest covering the week of February 6-12, 2022! We are pleased to bring you the major trade and development news headlines and analysis from across the Caribbean Region and the world from the past week. We do hope you enjoy this week’s edition!

    THIS WEEK’S HIGHLIGHTS

    Truck drivers and other protesters opposed to COVID-19 vaccine mandates and other restrictions in Canada withdrew their vehicles from the Ambassador Bridge, a major U.S.-Canadian border bridge following a crackdown by Canadian authorities. This week the Government of Ontario declared a State of Emergency. But protests have continued elsewhere, leading to fears of the continued impact on supply chains and trade. Meanwhile, similar protests against COVID-19 restrictions have been popping up in other countries. Read the latest in this report from the Associated Press (AP) here.

    On 8 February, the WTO circulated the panel report in the case brought by the Republic of Korea in “United States — Safeguard measure on imports of large residential washers” (DS546). Read more here.

    The European Commission this week published a new study on global approaches to trade and sustainable development (TSD) as part of its work to strengthen environmental and sustainability aspects of EU trade policy. Access the report here.

    This week I had the pleasure of being a discussant at the Institute of International Relations (IIR) of The University of the West Indies St. Augustine’s Diplomatic Dialogue on the Caribbean Financial Action Taskforce.

    REGIONAL NEWS

    Guyana and Barbados team up in joint venture to develop sector

    Barbados Today: Guyana says it is working with Barbados to create a joint tourism product, linking the two Caribbean Community (CARICOM) countries as a common market and package. Read more

    20% of Guyana’s land for Amerindians – Guyana VP Jagdeo

    iNews: Vice President Dr. Bharrat Jagdeo said 20 per cent of Guyana’s land should go to its Amerindian peoples. Read more

    $22M approved for Local Content Secretariat in Guyana

    iNews: The Committee of Supply on Tuesday approved $22 million to begin works on the establishment of the Local Content Secretariat – the body responsible for overseeing and implementation of Guyana’s the Local Content Act. Read more

    UKHO supports maritime trade and economic growth in Belize

    UK.gov: UKHO conducts seabed mapping surveys in Belize to support management of the marine environment and economic development. Read more

    Caribbean Export seeks to tap into new markets

    Jamaica Observer: The Caribbean Export Development Agency has underscored the need for the region to explore and penetrate gaps into untapped markets. Read more

    Belize Trade Minister on regional roadblocks to trade

    BBN: Тhе Саrіbbеаn Соurt оf Јuѕtісе (ССЈ)’ѕ dесіѕіоn thаt Веlіzе hаd nоt аdеquаtеlу рrоvеn іtѕ сhаrgе аgаіnѕt Тrіnіdаd аnd Тоbаgо аllоwіng thе іmроrtаtіоn оf brоwn ѕugаr рrоduсеd іn соuntrіеѕ thаt аrе nоt а раrt оf thе Ѕіnglе Маrkеt wіthоut іmроѕіng thе 40% Соmmоn Ехtеrnаl Таrіff іѕ nоt bеіng ѕееn аѕ а lоѕѕ bу Веlmораn. Read more

    Artisan Village in Falmouth 95 Per Cent Complete

    JIS: Minister Bartlett said that the village will provide a location for artisans and entrepreneurs to produce and sell authentic Jamaican products. Read more

    Poultry farmers benefitting from $50m subsidiary programme

    Jamaica Star: Minister of Agriculture and Fisheries, Pearnel Charles Jr., says poultry farmers have commenced benefitting from the ministry’s $50 million subsidiary programme, aimed at minimising production costs. Read more

    INTERNATIONAL NEWS

    A McKinsey Report Paves the Way for an Internal Shake-Up at the World Trade Organisation

    The Wire: The full report has not been shared with the WTO members until now for inexplicable reasons. There are also doubts whether the disclosure of the full report to members could withstand a scrutiny by members. Read more

    Countries ask to join WTO talks over China, Lithuania spat

    AP: More countries have asked this week to join talks about the European Union’s complaint with the World Trade Organization accusing China of exerting economic pressure on Lithuania. Read more

    U.S. politician uses blockade at Canada-U.S. border to argue for Buy American

    CBC: A U.S. lawmaker has seized on blockades at the Canada-U.S. border to argue for more Buy American-style policies and for less reliance on buying goods from Canada. Read more

    Brexit proving expensive for British groceries

    DW: Since the start of new rules for EU food imports in January, many Britons are worried about shortages. Britain imports five times more food from the EU than it exports. Read more

    UK exports to EU fell by £20bn last year, new ONS data shows

    The Guardian: Figures show Brexit compounding Covid disruption, with clothing exports plunging 60%, vegetables down 40% and cars 25%. Read more

    Brexit still leaves many unanswered questions for the EU

    Investment Monitor: The impacts of the UK’s departure from the EU are being played out, but Brexit also presents challenges for the EU, which are not being met. Read more

    ICSID Releases New Caseload Statistics for the 2021 Fiscal Year

    ICSID: A new report by the International Centre for Settlement of Investment Disputes (ICSID) tracks case-related trends over the 2021 fiscal year, as well as for all ICSID cases going back to 1972. Read more

    IMF says wants G20 support to strengthen debt restructuring framework

    Reuters: The International Monetary Fund said on Thursday it is hoping that G20 finance leaders next week can advance proposals to strengthen a debt restructuring framework for poor countries as default risks rise and demands for easier debt terms increase. Read more

    NEW ON THE CTLD BLOG

    The Caribbean Trade & Development Digest is a weekly trade news digest produced and 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 subscribe to our Blog below:

  • Caribbean Trade and Development News Digest – January 31-February 5, 2022

    Caribbean Trade and Development News Digest – January 31-February 5, 2022

    Welcome to our Caribbean Trade and Development News Digest covering the week of January 31-February 5, 2022! We are pleased to bring you the major trade and development news headlines and analysis from across the Caribbean Region and the world from the past week. We do hope you enjoy this week’s edition!

    THIS WEEK’S HIGHLIGHTS

    According to the WTO, “world exports of intermediate goods (IGs) continued to rise in the third quarter of 2021, although at a slower pace than the previous quarter according to a WTO report released on 4 February”. Read more here

    The WTO in another report released this week noted that “global services trade posted a 25% year-on-year increase in the third quarter of 2021”, but that this “has yet to represent a full recovery from pre-pandemic levels, as services trade remains 5% below levels recorded in the third quarter of 2019”. Read more here

    In its Annual Review, the Caribbean Development Bank (CDB) has projected GDP growth of 9.1% across its 19 Borrowing Member Countries (BMCs) in 2022, accelerating the region’s economic recovery which started in 2021. Read more here.

    This week the Caribbean Court of Justice (CCJ) dismissed Belize’s claim against Trinidad & Tobago citing a severe shortage of evidence. Read more here.

    This week I had the pleasure of being a speaker on panel 3 at the IIED/UNCTAD Webinar on International Investment Agreements and Climate Action.

    REGIONAL NEWS

    Dominica to develop national trade policy

    Loop News: Dominica says it is developing a national trade policy to replace the ad hoc situation now existing here. Read more

    Dominica, Martinique hold talks on geothermal energy

    Loop News: Martinique is to send a technical team to Dominica as the two islands seek to further enhance cooperation in the area of geothermal energy, according to a statement issued by the Office of the Prime Minister. Read more

    SVG Medicinal Marijuana lab receives inquiries from local and regional entities

    Searchlight: The laboratory that facilitates this country’s Medicinal Marijuana Industry is said to have begun to receive inquiries from local and regional entities for the testing of medicinal cannabis as well as other agricultural and industrial commodities. Read more

    More banana woes for farmers

    St Lucia Voice: Turning bananas into a cash crop has not been easy for banana farmers over the past few years. Read more

    Jamaica coffee export to get boost

    Barbados Today: An initiative designed to help boost coffee export from Jamaica to the European Union (EU) has been launched. Read more

    Jamaica records increase in revenue from trade

    Jamaica Observer: Jamaica received US$115 billion in export earnings over nine months last year, representing a 26.3 per cent increase over the US$910.7 million recorded for the corresponding period in 2020. Read more

    China/Guyana Bilateral Trade stood at US$710 million in 2021

    Newsroom Guyana: China says Guyana’s economic boom, fuelled by its nascent oil and gas sector, has resulted in a doubling of bilateral trade in the last two years. Read more

    Guyana- Suriname private sector council in the works

    Newsroom Guyana: A new Guyana-Suriname Private Sector Business Council will be created as part of efforts to strengthen bilateral business relations between the private sectors in Guyana and Suriname. Read more

    Guyana set to export 120 pre-built houses to Ghana this year

    New York Carib News: The Guyana government is set to export some 120 pre-built houses to Ghana this year. The idea put forth by President Irfaan Ali last year has come to fruition as Dr. Ashni Singh, Senior Minister with responsibility for Finance, made the announcement on Wednesday. Read more

    Caricom preparing position on gender development in context of climate change

    Jamaica Observer: As Caricom prepares its position ahead of the next conference of the Commission on the Status of Women (CSW 66), stakeholders in gender development in the region are examining women and girls’ empowerment in the context of climate change, the environment and in disaster risk reduction, the Caricom Secretariat has announced. Read more

    Caricom launches consumer food choice survey

    Jamaica Observer: The Caricom Private Sector Organization (CPSO), along with the Caribbean Community (Caricom) Secretariat, and the Caribbean Agricultural Health and Food Safety Agency (CAHFSA), launched the Caricom Consumer Food Choice Survey on February 2, 2022. Read more

    Standard for nutrition labels ‘imminent’

    Barbados Today: Dr Patrick Antoine, interim head of the CARICOM Private Sector Organisation (CPSO), disclosed that his organisation was now tasked with completing a CARICOM Impact Assessment Study that will help inform what kind of standard will be introduced. Read more

    INTERNATIONAL NEWS

    U.S. to reduce levies on most Canadian softwood producers

    The Globe and Mail: The U.S. Department of Commerce plans to decrease tariffs for most Canadian softwood producers but raise them for West Fraser Timber Co. Ltd. WFG-T , Canada’s largest lumber company. Read more

    Canada’s closed dairy market keeps prices high for consumers, exporters say

    Global News: Canadian consumers are paying artificially high prices for milk and cheese because U.S. exporters are being deliberately shut out of the market, despite promises made to let them in, an ongoing trade dispute alleges. Read more

    EU, U.S. agree to resume trade in mussels, clams and oysters

    Reuters: The European Union and the United States have agreed to resume trade in mussels, clams and oysters from the end of February after they were halted more than a decade ago, marking another step in improved transatlantic relations. Read more

    Prospects for the United Kingdom’s CPTPP accession

    East Asia Forum: The United Kingdom is in discussions to join the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), with UK trade officials stating that rapid progress on talks could see London acceding to the 11-member trade bloc in 2022. Read more

    Africa welcomes China’s help to bolster exports: AfCFTA chief

    CGTN: Africa welcomes the “generous offer” China is set to provide members of the African Union (AU) to help augment exports in the coming years, a senior official has said. Read more

    Out of the starting blocks: One year of the AfCFTA

    African Business: The AfCFTA is the most ambitious trade zone on the planet, but after a year of trading, is it living up to its enormous potential? Read more

    Australia seeks to join WTO talks on China-EU trade row

    Reuters: Australia will seek to be included in consultations about a trade dispute between the European Union and China launched by the EU at the World Trade Organisation, the Australian trade minister said on Saturday. Read more

    NEW ON THE CTLD BLOG

    The Caribbean Trade & Development Digest is a weekly trade news digest produced and 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 subscribe to our Blog below:

  • Belize v Trinidad & Tobago: Caribbean Court of Justice dismisses claim for lack of evidence

    Belize v Trinidad & Tobago: Caribbean Court of Justice dismisses claim for lack of evidence

    Alicia Nicholls

    In its ruling delivered on February 1, 2022, the Caribbean Court of Justice (CCJ) has dismissed the original jurisdiction claim filed by Belize against Trinidad & Trinidad over the latter’s alleged failure to apply the Common External Tariff (CET) on extra-regional imported brown sugar.

    In its claim filed on September 30, 2020, Belize contended that Trinidad & Tobago had over the period November 2018-July 2020 failed to apply the CET rate of 40% on extra-regional imported brown sugar from Honduras and Guatemala. This, Belize argued, had adversely impacted prices and sales made by Belize Sugar Industries Ltd, a State-owned entity which exports sugar to Trinidad & Tobago. In light of this alleged breach by Trinidad & Tobago of the Revised Treaty of Chaguaramas, Belize sought declarations and damages.  Inter alia, Trinidad & Tobago argued in its defense that it had not allowed for the importation of brown sugar from Guatemala and Honduras without applying the CET of 40% on that item.

    In dismissing Belize’s claim, the CCJ cited “severe shortcomings” in the evidence offered by Belize, in respect of the alleged failure of Trinidad and Tobago to apply the CET, and that these shortcomings “were not cured by reference to circumstantial evidence”.

    In its nearly fifty page judgment, the CCJ also took time to reaffirm and reiterate the importance of the obligation on Member States to impose and maintain the CET on the importation of extra-regional goods. Simply put, a CET refers to the uniform tariff rates applied by members of a customs union against imports from third countries, that is, non-parties to the customs union. Such a measure protects the exports of the members of the customs union within the union and aim to make them more competitive vis-à-vis products outside the customs union. Article 82 of the RTC requires member states to establish and maintain the CET, while Article 83 outlines the only ways in which the CET on an item may be altered or suspended.

    Citing its previous case law on the matter, the CCJ emphasized that the CET was a “fundamental pillar” in the establishment of the CARICOM Single Market and Economy (CSME) and its importance in encouraging and promoting the production of goods within the community.

    With regard to the specific case at hand, the CCJ noted at paragraph 122 of the judgment as follows:

    “In the present circumstances, this Court re-emphasises the importance of maintaining the CET especially in respect of a product such as brown sugar which is of demonstrable importance to Member States such as Belize which manufactures that product. No one disputes that Belize has made very significant investment in its agricultural sector in general and in sugar cultivation and production specifically. The CET does not guarantee producers of sugar in Belize an assured market, but those producers are entitled to the protection of the market that the tariff is intended to provide.”

    Additionally, the CCJ went on to urge the Community “to superintend the conclusion of the Monitoring Mechanism for Sugar as quickly as possible to ensure that the benefits intended to ensure to the regional sugar producers are not frustrated and impaired”.

    The CCJ in its original jurisdiction has compulsory and exclusive jurisdiction to hear and determine disputes concerning the interpretation and application of the RTC between Member States parties and between the Member States parties and the Community.

    The full judgment may be read here.