Caribbean Trade Law and Development

Category: Caribbean

  • Top 6 Trade Policy Developments Affecting the Caribbean in 2019 – Infographic

    Top 6 Trade Policy Developments Affecting the Caribbean in 2019 – Infographic

    Happy New Year all! Are you curious about what were the major trade policy developments affecting the Caribbean in 2019? The Caribbean Trade Law & Development (CTLD) Blog and Barbadian-based logistics company RDL Eagle Trade have collaborated to bring you an infographic highlighting these major developments.

    Click the infographic below to access the full document:

    This infographic was brought to you as a collaboration between the Caribbean Trade Law & Development (CTLD) Blog and RDL Legal Eagle.

  • Africa-Caribbean cooperation, regional integration and climate change action among priorities of new CARICOM chairman

    Africa-Caribbean cooperation, regional integration and climate change action among priorities of new CARICOM chairman

    Alicia Nicholls

    Within the next six months, the Caribbean Community (CARICOM) will seek to jointly host the first ever African Union-CARICOM Summit. This announcement was made again by Barbados’ Prime Minister, the Hon. Mia Amor Mottley, QC, who assumed chairmanship of the 15-member grouping from January 1, 2020 under its six month rotating chairmanship system.

    In her New Year’s Message as incoming chairperson, Prime Minister Mottley intimated that the summit should lay the foundation for tangible progress in  “direct air and sea access across the Atlantic, greater trade in goods and services, and more cultural exchanges between our regions.”

    2019 saw renewed interest in deepening Africa-Caribbean relations, with two African leaders (President Nana Akufo-Addo of Ghana and President Uhuru Kenyatta of Kenya) making official state visits to the region. In late 2019, Prime Minister Mottley accepted on behalf of CARICOM an offer of shared office space in Nairobi from the Government of Kenya for the hosting of a joint CARICOM Mission. For many CARICOM countries, such a mission would be their first on the African continent.

    Regional Integration

    Barbados has lead responsibility for the CARICOM Single Market and Economy (CSME) under the CARICOM quasi-cabinet. Many regional observers hope that the invigorated leadership provided by Prime Minister Mottley will add much needed energy to the regional integration process, especially in the aftermath of the mirror image provided by the Jamaica-commissioned Golding Report.

    Indeed, there appears to be renewed commitment by Barbados to the CSME under current leadership. Barbados became the first country to ratify the Protocol on Contingent Rights and will also be the first to offer other CARICOM nationals free access to public schools once certain requirements are met.

    Likening the regional integration process to a relay race, Prime Minister Mottley stated that Caribbean leaders “are duty bound to continue this journey across the Community whether as a collective of the whole or in twos and threes”. However, she also sought to temper unrealistic expectations, noting that the much more resource-endowed and longer-established European Union (EU) was still working on perfecting its own regional process.

    The new CARICOM Chairman outlined several priorities with regard to the regional integration process. These are: removing the obstacles to passport-free movement and facilitating movement for work where there are opportunities; advancing the process of a single domestic space for transport and communications in the region by working to provide more affordable and reliable air and sea links between our countries; to establish a single domestic rate for telecommunications and phone calls within CARICOM; and to work with the private sector and the labour movement to provide further opportunities.

    Climate Change Action

    Since taking office as Prime Minister of Barbados, Miss Mottley has made climate change one of her signature issues on the international stage. She noted the need “to pool the funds of the region in order to be able to finance our own development trajectory for sustainable development so that we may adapt to the new realities of the climate crisis”.  

    Prime Minister Mottley took over the chairmanship from St. Lucia Prime Minister, the Hon. Allen Chastanet, whose term was July 1 – December 31, 2019. Barbados’ chairmanship will last until June 30, 2020. The last time Barbados held the chairmanship was in 2015 under then Prime Minister, the Hon. Freundel Stuart.

    The new CARICOM chairman’s speech may be watched 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.

    DISCLAIMER: All views expressed herein are her personal views and do not necessarily reflect the views of any institution or entity with which she may be affiliated from time to time.

  • Conservatives win majority in UK election: A clear path forward for Brexit?

    Conservatives win majority in UK election: A clear path forward for Brexit?

    Alicia Nicholls

    Christmas came early for United Kingdom (UK) Prime Minister Boris Johnson and his Conservative Party as they have won the December 12 General Election – the Tories’ biggest victory in many years. It was the UK’s third general election since 2015 and the first December election since 1923.

    With the UK due to leave the European Union (EU) on January 31, 2020 after several delays, it would appear that this gives the Prime Minister the mandate he needs to finally fulfill the desires of those 52% of Britons who voted on June 23, 2016 to leave the EU. However, the only constant with the whole Brexit saga has been the unpredictability of this process which has claimed the premiership of two Prime Ministers thus far (David Cameron and Theresa May) and left the UK constantly seeking delays from the EU.

    Polls leading up to the election, as well as a BBC exit poll, had accurately predicted a decisive win for the Conservatives, with a strong swing away from Labour. The Tories picked up seats in traditional Labour strongholds, including in the north, Midlands and Wales.

    It should be remembered that lack of House of Commons support for her Brexit deal (even within her own party), particularly because of the controversial ‘backstop’ solution for the Irish border dilemma, led to the downfall of Mr. Johnson’s predecessor, Theresa May. Another reason was that the Conservatives had lost seats in the 2017 snap election she had called, and had no longer enjoyed an overall majority. However, with a clear majority now, it should be easier for Prime Minister Johnson – a Pro-Brexiteer – to get the House of Commons’ backing he needs to get his Brexit deal with the EU passed. Additionally, it also means that he should not be as dependent on the support of more extreme members of the Party who are not in favour of a close relationship with the EU post-Brexit.

    While the Conservatives and Labour were the two major parties in the election, there were other parties such as the Liberal Democrats, the Brexit Party, UKIP, the Green Party and the Scottish National Party (SNP). One hiccup, however, is the additional support gained by the SNP and what this means for the prospect of a new Scottish independence referendum. With 62% of Scots voting to remain in the 2016 referendum, Scotland was firmly in the remain camp. According to BBC reporting, SNP political leader and Scottish First Minister Nicola Sturgeon lauded her party’s strong performance in this election, noting that it sent a “very clear message” that PM Johnson lacks the mandate to take Scotland out of the EU. What may this mean for the continued unity of the United Kingdom?

    In weeks to come, many pundits will be opining on what message the British electorate was sending by handing the Conservatives such a resounding victory – were they not confident in the alternatives to the Conservatives or did they simply want to hand the Conservatives a manageable majority so they could just get on with the business of delivering Brexit? For his part, Labour leader Jeremy Corbyn has indicated he will not fight another election.

    For the Caribbean, it should be recalled that regardless of what happens now between the UK and the EU, preferential trade between CARIFORUM countries and the UK should continue uninterrupted as the UK and CARIFORUM countries have agreed to roll over the provisions of the EU-CARIFORUM EPA (which covers trade between CARIFORUM and the current EU-28). The UK-CARIFORUM EPA, which was signed in March this year, will come into effect once the UK leaves the EU.

    While all eyes have been focused on what the election result means for Brexit, it should not be forgotten that there were several core issues which also were part of the Tories’ campaign message. Immigration, which cannot be divorced from Brexit, was a big part of the Conservative platform. With Prime Minister Johnson promising to crackdown on immigration to the UK, it remains to be seen what this means for Caribbean nationals currently living in the UK or looking to emigrate there. The Windrush Scandal remains fresh in Caribbean minds.

    The Brexit chapter may not have yet reached its conclusion and it remains to be seen whether this Conservative triumph at the polls will indeed be the clear path forward for the UK’s exit from the EU, or if other stumbling blocks, such as the whole Scottish issue, will come into play.

    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.

    DISCLAIMER: All views expressed herein are her personal views and do not necessarily reflect the views of any institution or entity with which she may be affiliated from time to time.

  • Africa-Caribbean relations to deepen with a joint CARICOM diplomatic mission

    Africa-Caribbean relations to deepen with a joint CARICOM diplomatic mission

    Alicia Nicholls

    CARICOM countries will establish a joint diplomatic mission in Kenya – which for many CARICOM governments, like Barbados, will be their first diplomatic mission on the African continent. According to a press release from the Barbados Prime Minister’s Office (PMO) dated December 7, Prime Minister of Barbados, the Hon. Mia Amor Mottley, unveiled a plaque and accepted the space for the joint mission on behalf of the regional grouping.

    The joint mission will be housed in an ultra-modern business complex in the diplomatic district of Nairobi, Kenya, across the road from the United Nations’ main office in Africa.

    During the unveiling, Prime Minister Mottley stated that “this is but only one of many steps we will take in the next few months that will communicate to our people, as well as to those who are watching from outside, that this is not a fly-by-night relationship.”

    She further stated that it is a relationship ” that will be anchored deeply and which is intended to unleash people-to-people communication and cooperation and the trade and investment opportunities such that our nations can prosper by relying on each other, and not simply on those from the North Atlantic.”

    Efforts at deepening Africa-Caribbean relations

    Only a handful of Caribbean countries have a diplomatic presence on the African continent. Additionally, trade between the countries of the Africa continent and the Caribbean is small, with the Caribbean enjoying a trade surplus. According to data from ITC Trade Map, CARICOM countries exported US$449 million worth in goods to Africa in 2017, representing 2.6% of CARICOM’s total exports to the world. Whereas, the region imported US$258 million worth of goods from the continent in that same year. Africa’s exports to CARICOM only represented a mere 0.06% of its total world exports in 2017.

    However, this volume of trade is likely to increase if the current interest in deepening Africa-Caribbean economic relations continues. Earlier this year, Prime Minister Mottley led delegations to Morocco, Ghana and now to Kenya where she is attending the ACP Summit.

    During the visit of President of Ghana Nana Akufo-Addo to Barbados in June this year, Prime Minister Mottley had also announced plans by her Government to soon establish a High Commission to Ghana. In a move to facilitate travel from Africa, the Barbados government has also waived visa requirements for nationals from eight African countries.

    This year as well, President of Ghana, Nana Akufo-Addo visited Barbados and several other Caribbean countries as part of Ghana’s year of remembrance of 400 years since the start of the Trans-Atlantic slave trade. President of Kenya, Uhuru Kenyatta, also paid a visit to the region a few weeks later. During their visits, both Presidents took the opportunity to sign cooperative agreements and outline plans to further develop business and other relations between the Caribbean and their respective countries.

    In August 2019, it was announced that CARICOM and the African Union “will shortly sign a Memorandum of Understanding establishing a framework for engagement and cooperation”.

    On that note, there is currently no trade agreement between CARICOM or any African countries. Some individual Caribbean countries have bilateral investment treaties (most of which are not in force) and double taxation agreements with individual African countries.

    Joint mission to be applauded

    The promised CARICOM joint diplomatic mission should be applauded and is a good sign of CARICOM leaders’ intention to meaningfully deepen our ties with the African continent – a continent with which we share strong historical bonds, but still limited commercial ties. A joint mission allows CARICOM countries to pool their scarce financial, human and other resources – similar to what the Organisation of Eastern Caribbean States (OECS) has demonstrated with its joint missions in Geneva and Brussels.

    Need for a trade/business attache

    It is hoped that the staff of the future CARICOM joint mission to Kenya would also include some kind of trade attache or business liaison which would be instrumental in helping to promote Africa-Caribbean trade, investment and tourism.

    According to the press release, Prime Minister Mottley will, when she assumes Chairmanship of CARICOM in January 2020, work with the Kenyan Government and business community to hold the first CARICOM-Africa summit. These are indeed exciting times for Africa-Caribbean relations!

    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.

    DISCLAIMER: All views expressed herein are her personal views and do not necessarily reflect the views of any institution or entity with which she may be affiliated from time to time.