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  • 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 27- November 2, 2019

    Caribbean Trade & Development Digest – October 27- November 2, 2019

    Welcome to the Caribbean Trade & Development News Digest for the week of October 27-November 2, 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

    ASEAN held its 35th Summit in Thailand on November 2-3. The chair’s statement may be read here. Any hopes of a RCEP deal before the end of this year appear to have been dashed. Read more

    On the Brexit front, the EU has given the UK an extension until January 31st. The UK will also hold a general election on December 12.

    CARICOM representatives will meet in Barbados on Monday, November 4 to discuss the CARICOM Single Market and Economy (CSME). There will also be a Public Town Hall on the CSME that evening.

    REGIONAL NEWS

    Regional consultation on CSME

    BarbadosToday: As Barbados leads efforts to ensure that the CARICOM Single Market and Economy (CSME) is implemented in the region, a special stakeholders’ conference on the subject will take place on Monday, November 4. Read more

    CCJ to give CSME ruling within ‘reasonable time’

    Jamaica Observer: The Caribbean Court of Justice (CCJ) says it will give an opinion “within a reasonable time” as it concluded hearing arguments in the request for an advisory opinion by the Caribbean Community (CARICOM) that could have implications for the CARICOM Single Market and Economy (CSME) that allows for the free movement of goods, skills, labour and services across the region. Read more

    Bahamas’ $75 Million Spiny Lobster Fishery Has Been Set Back Years In The Wake Of Hurricane Dorian

    Forbes: Hurricane Dorian, which battered the Bahamas between September 1st and 3rd 2019, has devastated the islands’ $75 million Caribbean spiny lobster fishery. Read more

    CCJ grappling with advisory opinion on whether CARICOM states can opt out of free movement categories

    Stabroek News: The Caribbean Court of Justice (CCJ) yesterday held the first of two hearings, its first ever advisory opinion proceedings, which concern whether a member state of the Caribbean Community (CARICOM), may opt out of a decision of the Conference of Heads of Government to extend the class of workers allowed to move work freely across CARICOM, and the legal effect of such opting out. Read more

    Central Bank exploring ‘early introduction’ of digital currency on Abaco post-Dorian

    EyeWitnessNews: The Central Bank is exploring whether to bring about an early introduction of digital Bahamian currency on Abaco to enable rapid financial service recovery Central Bank Governor John Rolle said yesterday. Read more

    Barbados exploring ways to widen trade with CARICOM countries

    RJRNews: Barbados is exploring opportunities for development in a wide range of areas in Guyana and Suriname as it responds to a call to deepen trade between member countries of CARICOM. Read more

    Bartlett calls for investment beyond hotel rooms

    Jamaica Observer: Minister of Tourism, Edmund Bartlett has made a call for investment in the tourism industry to go beyond the development of hotel rooms and other infrastructure. Read more

    INTERNATIONAL NEWS

    Global trade: for the people, by the people – Why the world still needs a rules-based trading system

    Medium: For those of us interested in trade issues and global trade sustainability, the World Trade Organization (WTO) Public Forum , held yearly at the WTO Secretariat in Geneva, Switzerland is THE place to be in early October. Read more of this article by trade lawyer Magda Theodate here.

    Angela Merkel calls for ‘fresh attempt’ at EU-India trade deal

    Deutsche Welle: German Chancellor Angela Merkel wrapped up her trip to India with the announcement of a billion-euro investment into green projects in the country. Merkel placed climate change at the center of her talks in India. Read more

    Trade between Iran, EU at nearly €3.5b in 8 months

    Tehran News: According to the latest data provided by the statistical office of the European Union, Eurostat, the trade between Iran and the EU nations has decreased by 75 percent compared to last year’s same period in which the figure stood at €14.292 billion. Read more

    Indonesia reviewing terms of EU trade deal as WTO palm oil spat brews: vice foreign minister

    Reuters: Indonesia’s vice foreign minister Mahendra Siregar said Jakarta is reviewing a draft trade deal with the European Union in the run-up to filing a complaint against the trading bloc with the World Trade Organization (WTO) over use of palm oil in biofuels. Read more

    World’s biggest trade deal to be delayed to 2020: Draft ASEAN statement

    Channel News Asia: The signing of the world’s largest trade pact will likely be kicked back to 2020, according to a draft statement by Southeast Asian leaders, delaying a deal craved by China to offset a painful tariff war with the US. Read more

    Brexit: Johnson agrees to Brexit extension – but urges election

    BBC: Labour has “run out of excuses” to oppose an early election, Boris Johnson has said, as MPs vote on whether to back his call for a December poll. Read more

    Pelosi Calls USMCA ‘Easiest Trade Deal,’ Could Get Vote in 2020

    Bloomberg: House Speaker Nancy Pelosi said President Donald Trump’s new Nafta agreement is the “easiest trade deal that we’ve ever done.” Read more

    Trump ends trade benefits for Cameroon over ‘persistent human rights violations’

    Washington Post: President Trump said he will soon ax Cameroon from a trade program that allows African countries to sell goods to the United States on a duty-free basis, citing “persistent human rights violations” in a letter to Congress on Thursday. Read more

    UK set for 12 December general election after MPs’ vote

    BBC: The UK is set to go to the polls on 12 December after MPs backed Boris Johnson’s call for an election following months of Brexit deadlock. Read more

    ASEAN summit grapples with US-China trade war

    Deutsche Welle: Southeast Asian leaders have gathered in Bangkok for a three-day summit expected to be dominated by trade. ASEAN members are trying to finalize a China-backed plan to create the world’s biggest free trade area. Read more

    RCEP ministers fail to reach agreement

    Bangkok Post: Ministers from 16 Asia-Pacific nations failed to reach an agreement on creating the world’s largest free trade area at their meeting on Friday, a Thai negotiator suggested, but some are optimistic about the chances of a deal by year-end. Read more

    China may impose $3.58 billion in annual trade sanctions on U.S.: WTO panel

    Reuters: A World Trade Organization (WTO) panel said on Friday that China was entitled to slap compensatory sanctions on U.S. imports worth $3.579 billion annually for the U.S. failure to remove anti-dumping duties – roughly half the amount China had sought. Read more

    WTO panel rejects India’s arguments

    Business Standard: Exporters can rest assured that there is no threat to the Advance Authorisation Scheme, Duty Drawback Scheme and four specified entries under DFIS. Read more

    STRAIGHT FROM THE WTO

    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 & 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

    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: