Caribbean Trade Law and Development

Category: Trade

  • Fathering a Nation: Barbados and the Legacy of Errol Walton Barrow

    Alicia Nicholls

    Last year (2016) I received the honour and privilege of submitting a contribution to an edited book entitled “Fathering a Nation: Barbados and the Legacy of Errol Walton Barrow” in honour of my country Barbados’ first prime minister, national hero and “Father of Independence”, the late Right Excellent Errol Walton Barrow. The fact that the book was released in time for my beloved nation’s 50th anniversary of independence made its significance even more poignant.

    The book is edited by His Excellency Guy A.K. Hewitt, Barbados’ High Commissioner to the United Kingdom and Northern Ireland. The book’s foreword was authored by current Prime Minister of Barbados, the Right Excellent Freundel Stuart and features an introduction by our country’s sole living national hero and the man regarded as “the greatest cricketer the world has ever seen”, the Right Excellent Sir Garfield Sobers.

    fatheringanation
    “Fathering a Nation” edited by H.E. Guy A. K. Hewitt

    Without giving too much away, the book features not only speeches by the late Mr. Barrow but also contributions and reflections on Mr. Barrow’s life and legacy by a distinguished cast of contributors, including current and former statesmen, former heads of international organisations, academics, social activists, journalists and other prominent persons. The pan-Caribbean nature of Mr. Barrow’s legacy is no more evident than in the diversity of the book’s contributors.

    My contribution entitled “Statesman and Caribbean Visionary”was based on an article I had authored a couple of years ago while I was a law student. As a millennial, I am  truly appreciative of the opportunity to share, on behalf of many like-minded young Barbadians, my gratitude to our Father of Independence for the far-sighted policies he pioneered and for turning Barbados into the model small island developing state which was once described by former United Nations Secretary General, Mr. Kofi Annan, as “punching above its weight”.

    Lest one think this book is only aimed at Barbadians, the insightful speeches by Mr. Barrow and the reflections by the contributors make it required reading not just for Barbadian and Caribbean persons both at home  and in the diaspora but also persons from other small states.

    I would like to publicly extend a hearty congratulations to High Commissioner Hewitt, Hansib Publications and all fellow contributors on a job well done!

    The book may be purchased at Hansib Publications here.

    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. You can also read more of her commentaries and follow her on Twitter @LicyLaw.

  • Happy Holidays from CTLD!

    Happy Holidays from CTLD!

    Dear Valued Readers,

    Caribbean Trade Law & Development will be on Christmas hiatus from today until the New Year. At this time, I would personally like to thank you all for your readership and kind support throughout the year.

    Here’s wishing you and your loved ones a very Merry Christmas (or Happy Holidays)  and a wonderful 2017!

    In the meanwhile, please feel free to check out my most recent articles:

    “The Sustainability of Citizenship by Investment Programmes“. Global Residence and Citizenship Review Q3 2016. Henley Partners. Contact me.

    “The Trump Doctrine: A Re-write of US-Caribbean Trade Relations?” Caribbean Studies Association Newsletter – December 2016. Available here

    “Priorities for Strategic US-Barbados Relations Under a Trump Presidency“. Business Barbados – December 2016. Available here:

    With best wishes,

    Alicia

    Caribbean Trade Law & Development

  • Caribbean Trade & Development Digest – December 4- 10, 2016

    Photo source: Pixabay

    Caribbean Trade Law & Development is pleased to share some of the major trade and development headlines and analysis across the Caribbean region and the World for the weeks of December 4-10, 2016. 

    For past issues of our weekly Caribbean Trade & Development Digest, please visit here.

    To receive these mailings directly to your inbox, please follow our blog.

    REGIONAL

    IDB Warns of Low Rate of Exports in LAC

    Jamaica Observer: The Inter-American Development Bank (IDB) is warning of a lower rate of export contraction due to the stabilisation of commodity prices.Read more

    Tourism Key to US-Caribbean Interests

    Jamaica Observer: The Caribbean Hotel and Tourism Association (CHTA) has joined Caribbean-Central American Action (CCAA) in urging the US Senate to adopt the US-Caribbean Strategic Engagement Act of 2016 (HR 4939), which has already received bipartisan support in the House of Representatives, and which recently moved out of Senate Committee for consideration by the full Senate.Read more 

     

    INTERNATIONAL

    Dates fixed for 2017 Ministerial Conference in Buenos Aires 

    WTO: WTO members have agreed that the organization’s Eleventh Ministerial Conference (MC11) will take place from 11 to 14 December 2017 in Buenos Aires, Argentina. The dates were endorsed at a 7 December meeting of the WTO’s General Council.. Read more

    US Companies Dominate the Global Arms Trade Business

    Forbes: According to new data on the international arms industry released by the SIPRI the world’s top 100 arms companies sold $370.7 billion worth of military equipment in 2015. Despite a 2.9 percent decrease on 2014, companies in the United States continue to dominate the trade, with 2015 sales amounting to $209.7 billion.. Read more

    Beyond CETA: Building a Progressive Global Trade System 

    Huffington Post (Canada): For the past 30 years, economic globalization has accelerated, and its effects are felt in nearly all economic areas and the day-to-day lives of many million people in various ways..Read more 

    China challenges EU and US over Market Economy Status 

    Financial Times:  China has launched a legal challenge against the EU and US over their reluctance to treat it as a “market economy” under World Trade Organisation rules..  Read more

     

    For past issues of our Caribbean & Trade Development Digest, please visit here. To receive these mailings directly to your inbox, please follow our blog.

  • Article 50 UK Supreme Court case starts; Crown begins its submissions

    Article 50 UK Supreme Court case starts; Crown begins its submissions

    Photo source: Pixabay

    Alicia Nicholls

    One of the most consequential and politically-sensitive constitutional law cases in United Kingdom legal history commenced on Monday before the Kingdom’s highest court. A panel comprising all eleven Supreme Court justices heard opening submissions from Attorney-General, Jeremy Wright QC and veteran government lawyer, James Eadie QC, on behalf of the Crown. Reiterating the arguments the Crown had made during the High Court case, both counsel for the Crown argued that the Government does not need to consult Parliament first in order to make its notification of withdrawal from the European Union (EU) under Article 50 of the Treaty of Lisbon as such power lies within the Crown’s prerogative powers – powers belonging to the sovereign (but mostly exercised by the executive branch) which may be exercised without requiring parliamentary consent.

    Background

    In a referendum held on June 23, 2016 the British people by a 51.9% to 48.1% majority voted in favour of the UK withdrawing from the EU. This led to the resignation of then Prime Minister, David Cameron, and his succession by Theresa May who despite not being part of the “Leave” campaign during the run-up to the vote has since vowed to uphold the will of the British majority with her famous words “Brexit means Brexit”. As part of this pledge, Prime Minister May has argued that the Government can by-pass a parliamentary vote on whether to trigger Article 50 due to the Royal Prerogative.

    The Government’s argument was challenged by Mrs Gina Miller, a Guyanese-born British investment fund manager, and Deir Dos Santos, a Spanish-born hairdresser, who were the lead claimants in a case heard by the UK High Court on the matter. In its ruling  R (Miller) v Secretary of State for Exiting the European Union the High Court sided with Mrs. Miller, holding that Article 50 could only be triggered by parliamentary action. The Crown promptly appealed the November 3rd ruling and it is this appeal which is currently before the Supreme Court.

    Opening statements by Attorney General

    In his opening submissions on Monday, counsel for the Crown, Mr. Wright reiterated that the majority of those who voted in the referendum supported the UK leaving the EU and that Article 50 provides the specific legal mechanism for doing so. He said the divisional court treated this fact as “legally irrelevant” and erred in concluding that it is only by parliamentary action that Article 50 can be invoked. He further argued that “use of the prerogative in these circumstances would not only be lawful, but fully supported by our constitutional settlement, in line with parliamentary sovereignty and in accordance with legitimate public expectations”.

    He went on to explain the importance of the foreign affairs prerogative, which includes the power to make and unmake treaties, as “not an ancient relic”, but a “contemporary necessity”.  Acknowledging the UK constitutional law tenet of parliamentary sovereignty, Mr. Wright noted that where parliament has chosen to limit the prerogative, it has done so “sparingly” and “explicitly conscious” of the importance of prerogative powers to government business. A portion of Mr. Wright’s opening submissions may be watched on the Guardian’s site here.

    Mr. Wright’s submissions were followed by government lawyer, James Eadie QC, who was asked several questions by the judges during the course of his submissions.

    What’s at stake?

    According to BBC reporting, the proceedings are expected to last four days and a decision is expected to be rendered in January. It should be reiterated that the matter being decided upon by the Supreme Court is not whether Brexit should take place, but whether the Crown in exercise of the Royal prerogative has the power to trigger Article 50, without first consulting Parliament. As the UK’s highest court, the court’s decision is final.

    The stakes are high for the government as not only would the need for parliamentary approval endanger the deadline which Prime Minister May has set for the start of Brexit negotiations, but a possible constitutional crisis of sorts may ensue in the case where  MPs vote against the triggering of Article 50. The governments of Scotland and Wales have been given permission to “intervene” into the case. In Scotland, some 62% of voters had supported remaining in the EU. It should be noted as well that once Article 50 is triggered, it cannot be reversed.

    Symptomatic of the public interest and polarisation which this case has generated, various news reports have indicated that there were long queues waiting to get into the court house, as well as protesters on both sides on the streets.

    Court resumes tomorrow at 10:15 am (UK time). Please feel free to tune in to any of your favourite media houses for live coverage.

    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. You can also read more of her commentaries and follow her on Twitter @LicyLaw.