Caribbean Trade Law and Development

Category: Caribbean

  • Deadline Extended (June 4) – Call for Blogs – Afronomicslaw Symposium: Prospects for Deepening Africa-Caribbean Economic Relations

    Deadline Extended (June 4) – Call for Blogs – Afronomicslaw Symposium: Prospects for Deepening Africa-Caribbean Economic Relations

    Total trade volumes between African and Caribbean countries remain small, but the potential and opportunities for enhancing trade, investment and economic cooperation between these two regions are encouraging based on shared historical and cultural ties. To this end, the Caribbean Community (CARICOM) has announced steps to formalize relations with the African Union (AU).Several CARICOM countries have also sought to deepen bilateral ties with individual African countries. Africa-Caribbean Economic Relations and cooperation are even more critical now as countries on both sides of the Atlantic aim to kickstart economic recovery following the devastation wrought by the COVID-19 shock. Indeed, vaccine cooperation became another form of Africa-Caribbean cooperation when the AU offered CARICOM access to some of the approved vaccines from a shipment it was receiving.

    Given the limited but promising trade and investment relationship between both regions, there is a dearth of scholarly analysis on the Africa-Caribbean economic relationship. This Symposium aims to address this gap in international economic relations scholarship through considered analytical pieces exploring aspects of this understudied relationship.

    We invite authors to submit contributions which critically analyze and examine this relationship from a variety of perspectives, including but not limited to:

    • Geo-political and economic ties (both historical and present) between these two regions; 
    • The future of trade and investment relations between both regions in light of WTO-plus mega-regional trade agreements popping up;
    • EU-ACP relations e.g. EU-EPAs and issues relating to fragmentation and dilution of negotiating positions by African and Caribbean countries;
    • The impact of COVID-19 on the vulnerability of trade and investment regimes in both regions;
    • Comparative perspectives from both regions on the role of education in the advancement of critical thought in international economic relations scholarship;
    • Comparative perspectives from both regions on the regulation of digital trade/e-commerce;
    • Africa-Caribbean collaboration in multilateral fora, e.g., WTO, ACP, Commonwealth, UNCTAD; •
    • Comparative perspectives from both regions on approaches to cooperation and regional integration; 
    • Comparative perspectives from both regions on Sustainable Development, e.g., approaches to mainstreaming regulation of renewable energy, the green and blue economy into trade and investment regimes;
    • Air Connectivity/Tourism/Travel Trade, e.g., prospects for promoting leisure and business travel between CARICOM and African countries;
    • Cultural Industries collaboration;
    • Role of the private sector in shaping future Africa-Caribbean trade and investment relations;
    • Investment relations, e.g., opportunities for Africa-Caribbean FDI, cooperation on investment rule-making reform.

    Submission Guidelines:

    Essays that are submitted as part of this symposium must be analytical and original. Authors must comply with the Afronomicslaw.org blog submission guidelines accessible here. Blogs are to be submitted to afronomicslaw@gmail.com with the title ‘African-Caribbean Relations Blog Submission’.

    Deadline for Submission of Essays:

    May 14, 2021.

    Inquiries or clarifications relating to this call should be directed to Ohio Omiunu (ohio.omiunu@dmu.ac.uk) and Alicia Nicholls (alicia.nicholls@cavehill.uwi.edu)

  • What lies ahead for the incoming CARICOM Secretary-General?

    What lies ahead for the incoming CARICOM Secretary-General?

    Photo credit: CARICOM (Photo of incoming CARICOM SG, Dr. Carla Barnett)

    Alicia Nicholls

    On August 15, 2021, Dr. Carla Barnett will formally assume office as the eighth Secretary-General (SG) of the forty-eight year old Caribbean Community (CARICOM). Although Ambassador Lolita Applewhaite briefly acted as SG during the period January-August 2011, Dr. Barnett will be the first female and Belizean to be appointed to this position. She was selected unanimously by the Conference of Heads of Government at a virtual special meeting held on May 11, and succeeds regional stalwart Ambassador Irwin Larocque of Dominica whose second term is coming to an end.

    Dr. Barnett joins a growing pantheon of distinguished women to lead international trade organisations and groupings at a time of mounting global uncertainty. A well-respected economist, she will be at the helm of the Caribbean’s foremost regional bloc which is fighting a number of proverbial fires of both endogenous and exogenous origin. This article discusses what lies ahead for the incoming CARICOM SG and some ways in which she might be able to make a difference within the confines of her position.

    The role of the SG

    The CARICOM SG heads the CARICOM Secretariat based in Georgetown, Guyana as outlined in Article 23 of the Revised Treaty of Chaguaramas (RTC). Article 24(2) of the RTC provides, inter alia, that the SG is the Chief Executive Officer of the Community. He or she is not an all-powerful figure, however. The SG’s role is primarily administrative as it is the Conference of the Heads of Government that is not just the supreme organ of the Community but determines and provides policy direction to the Community as per Article 12 (1) &(2) of the RTC.

    Among the tasks assigned to the SG under Article 23 is to make an annual report to the Conference on the work of the Community. The tasks outlined in Article 24(2) of the RTC include, for instance, that the SG represents the Community. It also assigns to the SG various other functions broadly associated with implementing Community decisions and achieving Community objectives. His or her functions throughout the RTC are often exercised in conjunction with, or on the direction of the competent organs or the Conference.

    The SG is supposed to be independent in the exercise of his or her functions. That is, Article 23(4) forbides the SG and staff from seeking or receiving instructions from any Government of the Member States or from any other authority external to the Community in the performance of their duties.

    There is also the ‘soft power’ that the SG holds. For instance, the SG is tasked under Article 26 with assisting the Community Council in collaboration with competent authorities of the Member States to establish and maintain an efficient system of consultations at the national and regional levels in order to enhance the decision-making process in the Community. Under Article 191, disputant Member States can also use the good offices of a third party, including the SG, to settle their dispute, for example.

    The road ahead

    Dr. Barnett will be assuming office at a time of unprecedented social and economic challenges for the Community – some endogenous and others exogenous in origin, some longstanding and others of newer vintage. She will be heading an intergovernmental organization whose Member States are all classified as Small Island Developing States and whose pre-COVID-19 realities included generally low growth rates, limited export diversification, a rising incidence of chronic non-communicable diseases (NCDs) and high vulnerabilities to macroeconomic and weather-related shocks. Member States continue to battle the climate crisis, arbitrary blacklisting from metropolitan countries in the areas of tax and anti-money laundering/terrorist financing (AML/CFT) matters, border disputes, and the list goes on.

    These longstanding issues are further compounded by the COVID-19 pandemic, which brings with it the attendant issue of access inequalities caused by richer nations’ hoarding of COVID-19 vaccines and placing export restrictions on needed medical supplies. While it is hoped that the worst of the health crisis provoked by the COVID-19 pandemic will be over by August, it is evident that the economic and social effects will be with us for some time. All independent CARICOM Member States, with the exception of newly oil-rich Guyana, saw economic contractions in 2020. Unemployment and under-employment, especially among the youth, remains a chronic problem, while crime remains a concern. COVID-19 has given greater urgency to regional calls for debt forgiveness and expanded criteria for access to concessional financing.

    CARICOM as an organisation itself confronts enduring issues which have been well-documented in a lengthy list of reports and studies, including the 1992 ‘Time for Action’ Report of the Ramphal Commission, the Golding Report commissioned by the Government of Jamaica and the recently released draft report of the CARICOM Commission on the Economy.  There are persistent concerns over CARICOM’s implementation deficit, the suitability of its current governance model and its ‘top down’ approach, the need for greater transparency of CARICOM’s work, enhanced and meaningful engagement of ordinary citizens and civil society, and even questions over CARICOM’s continued relevance. While the sentiment is a bit unfair, the average man or woman on the street is generally of the opinion that CARICOM either does ‘nothing’ or decisions made do not meaningfully impact livelihoods

    How can the SG make a difference?

    The power to make the bold and transformative change that CARICOM needs does not rest with the SG, but with the Member States themselves. However, an SG with a strong vision and the necessary technical and soft skills can parlay these into helping to effect the change so greatly needed.  Dr. Barnett brings to the post an impressive resume  of qualifications, expertise and experience which make her well-suited and equipped for tackling the enormity of the tasks ahead. She is a well-respected economist who has held several key ministerial positions in the Belizean government and in financial institutions in that country, including former deputy governor of the Belize Central Bank. She was also a former Deputy Secretary-General of CARICOM.

    It is timely that Dr. Barnett will be taking office when the draft report of the CARICOM Commission on the Economy has been published. The report outlines the findings of an eminent group comprised of both regional and extra-regional luminaries and headed by noted economist and finance expert Prof. Avinash Persaud. The Commissioners propose a 12-point plan.

    Unlike the process with the selection of the World Trade Organization (WTO)’s Director-General where we had the benefit of successive statements and videos in which the candidates outlined their visions for the WTO and answered questions publicly on their plans and positions, there is regrettably no similar publicly accessible exercise for the CARICOM SG.

    However, in scouring the internet, I was able to come across a few articles which give some insight into Dr. Barnett’s vision. In the press release announcing Belize’s nomination of Barnett, she is quoted as stating her vision for CARICOM as follows:

    “a Caricom that the ordinary woman and man will defend because they feel the impact in their daily lives through economic and social advancement that comes from community action”.

    Based on this statement, it is clear that Dr. Barnett supports greater citizen involvement and engagement in the regional process and the need for enhanced community action for economic and social impact that permeates down to the man or woman on the street.

    There are some ways in which the new SG can make a difference, such as to the extent possible, promoting greater transparency of the Secretariat’s operations, the status of Member States’ implementation of decisions and the availability of up-to-date disaggregated statistics. For instance, what is the status of each Member States’ implementation of decisions made? This information should be in reports easily accessible by the public.

    The new SG can find ways to improve engagement, awareness and interest by the ordinary CARICOM citizen in the work of CARICOM and the opportunities the regional integration process present. With few exceptions, such as the CSME Townhalls or by following CARICOM’s website or social media, there are limited  opportunities for the average CARICOM citizen to learn what is happening in regional bodies or have their voices heard in regional decision-making. Even so, improvements can be made in what and how the information is disseminated and the channels through which it is done.

    As I conclude, I wish to applaud the excellent work being done by the CARICOM Youth Ambassadors. I particularly want to highlight the two Barbadian ambassadors Java Sealy and Meagan Theobalds, who have hit the ground running in continuing the work of their successors to raise the profile of CARICOM among the youth who are the inheritors of this region. The unquenchable enthusiasm and passion of young persons like these two is needed for any organization or regional movement to thrive and advance. As such, the establishment of a CARICOM Young Professionals Programme, similar to those offered by other organisations around the world, would be a value-added to CARICOM and perhaps something the incoming SG could champion.  

    Alicia Nicholls, B.Sc., M.Sc., LL.B. is a trade and development consultant with a keen interest in sustainable development, international law and trade. All views herein expressed are her personal views and should not be attributed to any institution with which she may from time to time be affiliated. You can read more of her commentaries and follow her on Twitter @LicyLaw.

  • Biden/Harris Victory: What might it mean for US-Caribbean Relations?

    Biden/Harris Victory: What might it mean for US-Caribbean Relations?

    Photo credit: Image by heblo from Pixabay

    Alicia Nicholls

    Caribbean leaders have joined with those around the world to warmly congratulate US President-elect, Joe Biden, on winning the US presidential election of November 3, 2020. Of particular pride for the region is that his second-in-command, Senator Kamala Harris, who has both Jamaican and Indian parentage, is not just the first woman Vice President-elect, but first person of colour and first person of Caribbean descent to ascend to such high office in the US.

    As of the time of this article’s writing, incumbent Republican president, Donald Trump, who has now lost the popular vote twice, has not yet conceded defeat and has launched several legal challenges, calling the election ‘fraudulent’.

    Beyond the symbolism of the Biden/Harris win, and assuming a peaceful transfer of power come January 20, 2021 (the date set for Biden’s inauguration), what does the Biden/Harris victory portend for the future of US-Caribbean relations?

    Who are Joe Biden and Kamala Harris?

    Joe Biden, who is 77 and will be 78 when inaugurated, will be the oldest US president to assume office. This was Mr. Biden’s third run for the White House. However, he brings a wealth of experience and skills as a former long-standing Senator for the US state of Delaware where he was a member and eventually chair of the Senate Foreign Relations committee. He was also Vice President under the Obama Administration. This experience will be invaluable for the long slog ahead of him.

    His much younger Vice President, Senator Harris, is an accomplished attorney-at-law, who was the District Attorney of the City and County of San Francisco, the Attorney-General of California and currently serves as a US senator for California. Ms. Harris, who is the daughter of an Indian-born mother and Jamaican-born father, had also been a candidate for president in the Democratic primaries this election cycle.

    The long, hard task ahead

    As noted in his victory speech delivered last night in Wilmington, Delaware, President-elect Biden acknowledged the monumental task ahead of healing a politically divided nation, rescuing an economy on the brink and a country plagued by the COVID-19 pandemic and civil unrest.

    Biden’s consistent message of unity and racial equity should bring some comfort to persons of the Caribbean diaspora negatively impacted by the racially charged rhetoric and divisiveness that marked the past four years of the Trump administration. Biden has also repeatedly promised to repair and rebuild relationships with traditional American allies strained under President Trump, such as with the European Union (EU).

    Biden’s win will occasion a pivotal turning point in the US’ approach to the COVID-19 pandemic which the Trump administration epically mishandled. Trump, notably, suspended US funding to the World Health Organization (WHO) and consistently downplayed the seriousness of the virus, even after he himself and many of his White House staffers became infected. In contrast, one of Biden’s first acts will be to announce a 12-person COVID-19 taskforce evincing a more robust response to the virus which has so far infected over 9.5 million Americans and killed 234,000.

    The frequent saying “when America sneezes, the Caribbean catches a cold”, is not an exaggeration given that the US is the region’s largest trading partner, tourism source market and home to the Caribbean’s largest diaspora. Many Caribbean countries, dependent on US tourist arrivals, have had to classify the US as a ‘high risk’ country because of the Trump administration’s bungling of the pandemic.  A better coordinated federal approach to stem the US’ currently high coronavirus infection and death rate should benefit Caribbean countries whose tourism sectors have been particularly hard hit by the economic fall-out from the virus globally.

    On the issue of trade, it is likely that Biden will be less embracing of free trade than under the Obama/Biden administration. This is because there is growing sentiment in the US, especially in the so-called ‘Rustbelt’ states which were key to Biden’s win, that trade has not been a net positive for American workers. That being said,  a more multilateral approach and some semblance of stability and consistency should appear in US trade policy under the incoming Biden administration.

    Unlike his predecessor, Biden has expressed support for the World Trade Organization (WTO) whose relevance and operations have been undermined over the past four years.  One of the Trump administration’s latest acts has been to delay the selection of Nigeria’s Dr. Ngozi Okonjo-Iweala, the candidate deemed most likely to achieve consensus to be the next WTO Director-General. It remains to be seen whether the Biden administration will support her candidacy.  

    Biden’s victory also means that the Caribbean and the world have regained an ally in the fight against climate change, an ally which is in fact the second largest emitter of carbon dioxide (CO2) emissions. Biden has promised that the US will rejoin the Paris Climate Agreement, which the US negotiated and joined under the Obama/Biden administration and from which his predecessor withdrew just this week. Additionally, he will seek to implement his Plan for Climate Change and Environmental justice which will include measures to limit the US’ greenhouse gas (GHG) emissions.

    Biden has also indicated a more humane approach to immigration than the Trump administration which curtailed legal pathways to immigration, implemented the infamous Muslim ban and the equally inhumane family separation policy resulting in some 545 migrant children separated from their parents at the border still to be reunited with their parents.

    The Trump administration also saw US aid cuts to charities and NGOs world-wide, including in the Caribbean. This included a prohibition on aid to those which include abortion advice in the reproductive health services they provide to women. Biden is pro-choice and it is likely this policy will be reversed.

    The less certain…

    There are, of course, several unknowns. On the issue of Cuba, Biden has criticized Trump’s hard-lined approach. While we can assume Biden might take a more conciliatory approach and loosen restrictions similar to what was done under the Obama/Biden administration, it is unknown to what extent he is willing to go the extra step to finally end the US’ decades-old illegal embargo on that island nation.

    Less certain will be Biden’s approach to US-China relations which had always had its ebbs and flows, but escalated into an outright trade war under the Trump administration until the signing of the Phase 1 Trade Deal. Although not all Caribbean countries recognise the People’s Republic of China, that country’s growing economic presence in the Caribbean has been a source of some tension in US-Caribbean relations.

    Venezuela is another ally of the Caribbean which has had strained relations with the US. While it is unclear what would be Biden’s approach to the humanitarian crisis in Venezuela, he is likely to take a more multilateral and cooperative approach than the unilateral approach currently taken by the current administration.   

    Another unknown is where Biden stands on the issue of offshore international financial centres. The Obama/Biden administration had taken a particular harsh stance against Caribbean IFCs, branding them as ‘tax havens’. As I noted in a previous article, while it is hoped that VP Harris’ Caribbean ancestry might have a modulating influence on the administration’s engagement with the Caribbean, it is important for the region to remember first of all that she is an American first.

    Conclusion

    It should also be cautioned that the extent to which Biden will be successful in his legislative agenda will be dependent on whether the Democrats or Republicans control the Senate which is still undecided. That said, the Biden/Harris  presidency will mean a steadier hand at the US ship of state – a marked departure from the erraticism, unilateralism and volatility of the past four years. Like the rest of the world, the Caribbean could at the very least look forward to a more traditional US foreign policy, a more stable if more inward-looking trade policy, and a return to multilateral cooperation on some of the world’s greatest challenges, such as climate change and the COVID-19 pandemic.

    Alicia Nicholls, B.Sc., M.Sc., LL.B. is a trade and development consultant with a keen interest in sustainable development, international law and trade. All views herein expressed are her personal views and should not be attributed to any institution with which she may from time to time be affiliated. You can read more of her commentaries and follow her on Twitter @LicyLaw.

  • Caricom SG holds discussions with US Secretary of State

    Caricom SG holds discussions with US Secretary of State

    (CARICOM Secretariat, Turkeyen, Greater Georgetown, Guyana)     Secretary-General of the Caribbean Community (CARICOM) Ambassador Irwin LaRocque had fruitful discussions with United States Secretary of State Mr Michael Pompeo at the CARICOM Secretariat Headquarters, Turkeyen, Guyana on Friday 18 September.

    The discussions included exchanges on the Covid-19 Pandemic and the severe economic fall-out being experienced by CARICOM Member States, the renewal of the Caribbean Basin Trade and Partnership Act (CBPTA), the de-risking of regional banks by US financial institutions and co-operation under the Caribbean Basin Security Initiative (CBSI).

    The Secretary-General took the opportunity to thank Mr Pompeo for the response by him and US Treasury Secretary Mr Steve Mnuchin to the issues raised in a letter to them by the then Chair of the Community, the Honourable Mia Mottley, Prime Minister of Barbados earlier this year. The Community sought US support for initiatives to assist in combatting among other things, the economic fall-out from the pandemic.

    Ambassador LaRocque emphasised the need for CARICOM Member States to have access to concessional development financing which is denied to them due to the criteria applied of GDP per capita and the classification of Member States as middle income in that context. This access, he noted, was critical as the Region sought to emerge from the grave economic crisis brought on by Covid-19 as well as to build resilience to natural disasters.

    The preceding is a press release from the Caricom Secretariat.