Category: CARICOM

  • The significance of the Caribbean Court of Justice’s pending Advisory Opinion

    The significance of the Caribbean Court of Justice’s pending Advisory Opinion

    Dr Jan Yves Remy and Alicia Nicholls

    The Caribbean Court of Justice (CCJ) will mark another milestone in its decade and a half history when it shortly delivers its first advisory opinion pursuant to Article 212 of the Revised Treaty of Chaguaramas (RTC).

    Late last month, the Court held a publicly broadcast two-day hearing where it heard oral submissions from counsel of the CARICOM Secretariat, member states and Caribbean law faculties from which it had received written submissions. The subject matter of the advisory opinion concerns the circumstances under which it is lawful for CARICOM Member States to “opt-out” of CARICOM Heads of Government decisions that involve fundamental objectives of the Community.

    In this SRC Trading Thoughts, we discuss the significance of the pending advisory opinion and its possible impact on the emerging body of CARICOM jurisprudence.

    Read more here

  • CSME working though ‘uneven and imperfect’

    CSME working though ‘uneven and imperfect’

    Alicia Nicholls

    Though “uneven and imperfect”, the five regimes of the CARICOM Single Market and Economy (CSME) (free movement of skilled nationals, capital, goods, services and the right of establishment) are working. This was the assurance given to audience members by His Excellency Ambassador Irwin Larocque, Secretary General of the Caribbean Community (CARICOM), in his welcome remarks at a public regional stakeholder consultation on the CSME. The event was held at the Errol Barrow Centre for Creative Imagination (EBCCI) of The University of the West Indies Cave Hill in Barbados on Monday, November 4th.

    The stakeholder discussion, which was also streamed online and broadcast via television, attracted a packed audience which included a wide cross-section of the general public, as well as online viewers from across the region. The moderator for the evening was Mr. Salas Hamilton, Communication Specialist at the Barbados-based CSME Unit.

    In his welcome remarks, Ambassador Larocque outlined some of the progress made on the regional agenda, including the recent St. Ann’s Declaration on Contingent Rights, work on government procurement and discussions around creating a single CARICOM Information and Communication Technologies (ICT) space. Noting that the public was an important constituency of the regional integration process, the Secretary General invited audience members to provide feedback on what needs to be done, whether the region was on the right track and whether what was being done impactful.

    President of the Caribbean Development Bank (CDB), Dr. Warren Smith, applauded Barbados’ Prime Minister, the Hon. Mia Amor Mottley, for “injecting a new energy into the CSME”. Under the quasi-Cabinet of CARICOM, Barbados has lead responsibility for the CSME. In making the case for an acceleration of the CSME, Dr. Smith reiterated the original vision of the CSME’s architects of increasing the competitiveness and viability of Caribbean economies on a global stage. Our region’s focus, he noted, must be on becoming an internationally competitive trading bloc, particularly given the shift towards inward looking policies and retreat from multilateralism by some of our main trading partners.

    Prime Minister Mottley reiterated that economic statistics show that the Caribbean is under-performing the world. She also noted that within the next 15 months there will be 8 general elections across the region which could put the pace of integration under strain. The Prime Minister noted that functional cooperation has been working for the region, and called for everyone to get on board to avoid the Caribbean becoming a source of climate refugees and having one of the poorest levels of economic performance in the world by 2050.

    Prime Mottley and Ambassador Lacroque fielded questions for over two hours during a lively question and answers session. The questions ranged on a variety of topics including consumer protection, the Labour Market Information System, the diaspora, youth engagement, indigenous persons, derisking, the high costs of intra-regional travel, to name a few.

    In response to a question on better integrating Haiti into the CSME, Ambassador Larocque indicated that there are ongoing discussions on providing a ‘special development dispensation’ for Haiti. He indicated CARICOM’s concern with the current political situation in Haiti and called for dialogue.

    Prime Minister Mottley suggested that CARICOM Member States commit to a minimum level of social development, what she termed a ‘social floor’, for things such as health, education and the like. She further highlighted the need for the end to roaming charges across the region through the creation of a single CARICOM ICT space. She also reiterated the need for CARICOM Heads of Government to meet more frequently than the current two meetings per year, and that technology now makes more frequent meetings possible.

    There were also several useful audience interventions, including one by Dr. Olivia Smith who called for a Labour Market Impact study, as well as the need for clarification of what “indefinite stay” means given the trouble some persons encountered with financial institutions when seeking to access financing.

    My take-aways

    There was much to take away from the discussion. However, while much ink has been spilled about the implementation deficit plaguing CARICOM, equally crippling is the information deficit. This prompted me to ask my question, which thankfully was one of the questions addressed, on the paucity of data and information.

    First let me applaud the CARICOM Secretariat for its increasing use of social media, its CARICOM One on One discussions and weekly news broadcasts. These are welcomed developments. However, the CARICOM website remains challenging to navigate in terms of finding information. Secondly, the communiques released at the end of meetings (when they are released) remain vague with little substance. Thirdly, decisions of Heads of Government should be made public. These decisions, after all, are binding on Member States and also have implications for we the average CARICOM citizen. Fourthly, there are many studies and documents which have been commissioned by CARICOM which are not online. Fifthly, live streaming of certain CARICOM meetings (and not just the opening ceremonies) should be public once they are not of a national security nature.

    Finding information and data remains a tedious task for persons conducting research in the Caribbean, far less, the average citizen who simply wishes to keep up to date with regional developments. Lack of information also feeds the impression that “CARICOM is doing nothing”, when indeed we know that there is some progress happening. Our regional process still remains opaque and there is need for much more transparency and information flows.

    On another note, I think there is cause for optimism. We often hear of apathy of the average Caribbean citizen towards CARICOM. The packed audience and the high level of engagement at the just concluded forum show that there is at least some level of engagement on the part of the regional public in wanting to know what is happening with the regional process. The questions posed, for the most part, were substantive and related to real issues faced by CARICOM nationals each day. There were also several suggestions raised which shows that people are thinking about ways the regional process could be improved.

    It shows that there is the need for more frequent engagement and contact between the average citizens and their leaders on regional issues. It is therefore heartening to hear that future public stakeholder sessions will be conducted.

    Another nugget of hope was the high level of youth engagement and attendance at the form. The future of our regional integration project lies with our youth. They are the ones who will be most utilizing the five CSME regimes now and in years to come. They will be the ones charged with taking the regional project forward. The youth involvement displayed at the forum, therefore, is a good sign.

    In conclusion, the CARICOM Secretariat (including the CSME Unit), the Office of the Prime Minister of Barbados and The UWI must be commended for hosting a very stimulating and rich discussion. It is hoped that similar public events will be hosted in other CARICOM countries and will be held with some frequency. You can view my live tweets from the event at #csmetownhall.

    The video recording from the event may be accessed below:

    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.

  • Caribbean Trade & Development Digest – October 20-26, 2019

    Caribbean Trade & Development Digest – October 20-26, 2019

    Welcome to the Caribbean Trade & Development News Digest for the week of October 20-26, 2019! 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.

    THE WEEK’S HIGHLIGHTS

    South Korea has agreed to give up its ‘developing country’ status in future negotiations at the WTO. This move is in light of increased US pressure for a change in the current system of self-designation as a developing country at the WTO. Read here.

    The Caribbean Court of Justice (CCJ) held a two-day hearing in its first ever application for an Advisory Opinion. At the end of the second day, the judges indicated that they would deliver their decision in a “reasonable time”. Read more here.

    The World Bank has released its latest Doing Business Report (2020). Find out how the Caribbean fared here.

    REGIONAL NEWS

    Bermuda Launches Two Key Fintech Initiatives, Becomes First Nation to Accept Stable Coins for Government Payments

    National Law Review: On Oct. 16, 2019, Bermuda Premier the Hon. E. David Burt JP, MP announced that Bermuda has committed to accept, for payment of government taxes, fees, and services, 1:1 U.S.-dollar-backed digital currencies of entities licensed by the Bermuda Monetary Authority (BMA) under the 2018 Digital Asset Business Act (DABA), becoming the first nation to do so. Read more

    Antigua To Sell Shares In State-Owned Oil Company

    Jamaica Gleaner: The Antigua and Barbuda government says it is to sell 10 per cent of its shares in the state-owned West Indies Oil Company (WIOC). Read more

    Belize Senate ratifies UK-CARIFORUM trade treaty

    Breaking Belize News: Тhе Ѕеnаtе mеt іn ѕресіаl ѕеѕѕіоn thіѕ mоrnіng іn rесоrd tіmе tо rаtіfу а trеаtу ѕаfеguаrdіng trаdе bеtwееn Веlіzе аnd fеllоw Саrіbbеаn ѕtаtеѕ аnd thе Unіtеd Кіngdоm. Read more

    CARICOM to await CCJ decision on waiver for free movement

    Jamaica Observer: The five (5) Justices of the Caribbean Court of Justice (CCJ) have promised, at a “reasonable time,” to deliver their decision on whether countries within the Caribbean Community (CARICOM) can lawfully, under the legal framework of the organisation, choose to opt-out of obligations set out in the Caribbean Single Market and Economy (CSME) agreement. Read more

    The Caribbean exhibits record of reforms in business sector in 2018

    Prensa Latina: The economies in the Caribbean carried out a record of 19 reforms during 2018 to help private national companies do business, a report released today by the World Bank (WB) says. Read more

    Jamaica Opposition welcomes reversal in Ease of Doing Business ranking

    Jamaica Observer: People’s National Party (PNP) shadow minister of Industry, Competitiveness & Global Logistics Anthony Hylton has welcomed the reversal in Jamaica’s ranking in the World Bank’s Ease of Doing Business Report 2020. Read more

    Agricultural woes: building a domestically and internationally competitive sector

    Dominica News Online: Finding agricultural products that can compete both on the domestic and international markets has been singled out as one of the major challenges facing the sector in the region. Read more

    INTERNATIONAL NEWS

    Nigeria’s border closure has implications for Africa’s economic integration

    The Conversation: Nigeria recently partially closed its border with Benin in an effort to stem the smuggling of rice. It then went on to close its land borders to the movement of all goods from Benin, Niger and Cameroon, effectively banning trade flows with its neighbours. Read more

    China Signs its First African Free Trade Agreement with Mauritius

    China Daily Briefing: China and Mauritius signed a free trade agreement (FTA) on October 17. This is China’s first FTA with an African nation. The agreement will reportedly give Mauritius duty-free access to about 8,547 products, representing 96 percent of Chinese tariff lines. Read more

    RCEP deal hangs in balance even as India, other members resolve some issues

    Livemint: India and other member countries of Regional Comprehensive Economic Partnership (RCEP) may have resolved differences related to investor to state dispute settlement (ISDS) mechanism and data localization, but issues such as India’s demands to shift the base year for tariff cuts to 2019 and an auto-trigger mechanism to check import surge from China may make or break a deal. Read more

    China submits 7th offer to join government procurement agreement at WTO

    Xinhua: China has submitted the 7th offer to join the World Trade Organization’s (WTO) Agreement on Government Procurement (GPA), which added the military sector for the first time, according to the Ministry of Finance. Read more

    China’s New Investment Law a Positive Step, Foreign Firms Say

    Bloomberg: China’s new law governing foreign investment will take effect next year. Read more

    US-China Trade Truce: Cautious Optimism or Reasonable Pessimism?

    Modern Diplomacy: China and the United States have achieved tangible progress in their recent round of trade talks. This has given rise to cautious optimism about the possibility of striking a deal, writes the Chinese edition of Global Times. Read more

    Brexit: European leaders agree extension to 31 January

    BBC: EU leaders have agreed in principle to extend Brexit until 31 January 2020 – meaning the UK will not leave as planned on Thursday. Read more

    Breaking down the path forward for the USMCA

    Politico: With fewer than two dozen legislative days left in the year, the pressing question for the USMCA is not just whether U.S. Trade Representative Robert Lighthizer and House Democrats will be able to reach a deal, but whether they still have enough time to get it done by 2020. Read more

    The EU should be leading this new era of FTAs, shaping new standards and spurring on growth

    Euronews: The next EU Trade Commissioner faces a daunting in-tray. Certainty is in short supply and difficult decisions abound. Many of them are marked urgent. Read more

    China asks WTO for $2.4 billion sanctions against U.S. in latest clash

    Reuters: China is seeking $2.4 billion in retaliatory sanctions against the United States for failing to comply with a World Trade Organization ruling in a case that highlights White House complaints about the global trade body. Read more

    STRAIGHT FROM THE WTO

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  • Caribbean Trade & Development Digest – October 6-12, 2019

    Caribbean Trade & Development Digest – October 6-12, 2019

    Welcome to the Caribbean Trade & Development News Digest for the weeks of October 6-12, 2019! 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.

    THE WEEK’S HIGHLIGHTS

    The WTO held its annual Public Forum. This year’s theme was ‘Trading Forward: Adapting to a Changing World’. The 2019 World Trade Report was also released.

    Commonwealth Trade Ministers met on October 10 and have called on world leaders to reject protectionism and reform the WTO. The communique may be read here.

    With just two weeks to go before the UK’s scheduled departure from the EU, Brexit talks between the UK and EU remain at a stalemate despite a weekend of intense negotiations. Read more

    REGIONAL NEWS

    EU slaps 5-year tariff on Trinidad & Tobago fertilisers

    Newsday: This follows a European Commission (EC) final ruling on October 8, based on a complaint by Fertilizers Europe in June last year, claiming TT, Russia and the US were dumping product, resulting in material injury to European producers. Read more

    Antigua drops demand for LIAT shares

    Barbados Today: In an abrupt move, Prime Minister Gaston Browne has declared that he has told Prime Minister Mia Mottley that Antigua and Barbuda has found $40 million to pump in LIAT and no longer wants to buy Barbados’ shares in the cash-strapped carrier, Antigua Newsroom has reported. Read more

    Caribbean trade ministers want end to protectionist policies, reform of WTO

    Jamaica Observer: Caribbean Community (Caricom) trade ministers have joined their counterparts from the Commonwealth in calling for an end to trade protectionism and an urgent reform of the World Trade Organisation (WTO), which sets the global rules for international trade. Read more

    Barbados Car imports feel ASYCUDA pinch

    Barbados Today: The inability to clear vehicles at the Bridgetown Port as a result of issues with the ASYCUDA World system is threatening to put the brakes on Barbados’ largest importer of electric vehicles. Read more

    Drought lands “major blow,” but CARICOM and Belize sugar will be protected

    Breaking Belize News: Last week key sectors of agriculture and aquaculture along with trade from across the Caribbean met in Belize simultaneously for a full week. Read more

    CARICOM countries on alert for major diseases affecting pigs and bananas

    Breaking Belize News: A pair of deadly diseases poses imminent risk to two key industries, according to the Council for Trade and Economic Development (COTED), which wrapped up its meeting in Belize on Friday. Read more

    Health Minister Highlights Negative Effects Of Illicit Trade In Tobacco Products

    JIS: Minister of Health and Wellness, Dr. the Hon. Christopher Tufton, says the growing illicit trade in tobacco products is a clear and present danger to public health in the Caribbean and the rest of the world. Read more

    Jamaica Competitiveness Ranking Dips

    Jamaica Gleaner: Jamaica, which suffers from high crime and lack of export-led growth, slipped by one spot in competitive rankings, according to the Global Competitiveness Report 2019, published this week by World Economic Forum, or Weforum. Read more

    TTCSI welcomes 2020 Budget incentives for export businesses

    LoopTT: Government’s prioritisation of the expansion of exports has found favour with the Trinidad and Tobago Coalition of Services Industries (TTCSI). Read more


    INTERNATIONAL NEWS

    RCEP trade ministers’ talks end in impasse

    Financial Express: No joint statement will be issued, as certain key issues are yet to be resolved, even after two days of intense negotiations on October 11 and 12, according to one of the sources. Read more

    Staying out of RCEP trading bloc will only isolate India: Piyush Goyal

    Livemint: In a clear indication of India’s intentions ahead of the final ministerial meeting of the Regional Comprehensive Economic Partnership (RCEP) grouping on Saturday, trade minister Piyush Goyal on Thursday defended the free trade agreement among the 16 economies, holding that India cannot remain isolated in a globalized world. Read more

    Asean nations to exchange trade documents via ASW by year-end

    Business Mirror: The Philippines and seven other members of the Association of Southeast Asian Nations (Asean) will exchange customs and trade-related documents over a platform that is intended to facilitate cargo clearance and economic integration of Asean countries by year-end. Read more

    US-China trade deal: What it is, is not and may become

    The Hill: The U.S.-China trade agreement outlined on Friday is an act of cooperative rivalry. It brings immediate value to both sides while deferring strategic questions about future relations between the world’s two superpowers. Read more

    WTO is in crisis and Europe Must Step Up

    Bloomberg: The World Trade Organization is in crisis and needs reform to play its global role effectively, according to the trade minister of Finland, which currently holds the rotating European Union presidency. Read more

    International Chamber of Commerce issues recommendations to reform global trade

    ICC: Recognising the challenges, criticism and unprecedented pressure faced by the World Trade Organization (WTO) system, the International Chamber of Commerce (ICC) has unveiled a groundbreaking set of recommendations to guide the future of international trade. Read more

    WTO urges quick ban on harmful fisheries subsidies

    France24: The World Trade Organization on Tuesday called for countries to speed up talks aimed at hammering out an agreement on banning harmful fisheries subsidies. Read more

    Asia-Pacific needs the WTO to stay relevant in an increasingly uncertain world

    South China Morning Post: To walk along the autumn shoreline of Lake Geneva to the headquarters of the World Trade Organisation (WTO), kicking fallen conkers from horse chestnut trees, is to occupy a steady, constant world light years away from the conflicts and challenges addressed by the many United Nations institutions settled there for the past 70 years. Read more

    UK Trade minister Truss backs WTO reform before Brexit

    Euronews: British trade secretary Liz Truss said she opposed protectionism but backed U.S. President Donald Trump’s calls to reform the World Trade Organization (WTO). Read more

    STRAIGHT FROM THE WTO

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