Caribbean Trade Law and Development

Tag: CARICOM

  • Freedom of Movement of Skilled Nationals a 'fundamental objective' of CARICOM, CCJ opines

    Freedom of Movement of Skilled Nationals a 'fundamental objective' of CARICOM, CCJ opines

    Alicia Nicholls

    March 18, 2020 was a historic day for the Caribbean Court of Justice (CCJ) when it delivered its first Advisory Opinion since its establishment.

    Inter alia, the CCJ is empowered with exclusive jurisdiction under the Revised Treaty of Chaguaramas to deliver advisory opinions concerning the interpretation and application of the RTC.

    For a background to the opinion, please see a previous article I co-authored with Dr. Jan Yves Remy here. In brief, the background surrounded a request by two Caribbean Community (CARICOM) Member States (Antigua & Barbuda and St. Kitts & Nevis) to opt-out of a decision of the Conference of Heads of Government to expand the categories of skilled nationals entitled to move and work freely across the Community to include security guards and agricultural workers. The opt-outs were subsequently granted by the Conference to these two Member States for a period of 5-years.

    The Court was asked by the Community to render an Advisory Opinion on whether (1) a Member State could lawfully opt out of the decision of the Conference expanding the categories of persons entitled to move and work freely in the Community; and (2) whether the principle of non-reciprocity would enable nationals of the opting out Member States to still derive the benefits accruing under the enlargement decision.

    In its Advisory Opinion, the Court has opined that freedom of movement of skilled nationals is a ‘fundamental objective’ of the Community, but that the 5-year opt-out granted by the Conference of Heads of Government to the two Member States from the enlargement decision is not prejudicial to this fundamental objective.

    It also opined that non-reciprocity applied so other Member States must still allow Antiguan/Barbudan and Kittian/Nevisian security guards and agricultural workers access to their labour markets.

    Read the full Advisory Opinion here and the summary here.

    Alicia Nicholls, B.Sc., M.Sc., LL.B., is an international trade and development consultant. You can also read more of her commentaries at www.caribbeantradelaw.com 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 News Digest – February 17-22, 2020

    Caribbean Trade & Development News Digest – February 17-22, 2020

    Welcome to the Caribbean Trade & Development News Digest for the week of February 17-22, 2020! 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.

    THIS WEEK’S HIGHLIGHTS

    Heads of Government of the Caribbean Community (CARICOM) held their 31st Intersessional Meeting in Barbados February 18-19, 2020. The Prime Minister of Barbados, the Honourable Mia Amor Mottley, Q.C; MP, chaired the proceedings. The communique from the meeting may be found here.

    To watch the press conference concluding the 31st Intersessional Meeting please see here:

    REGIONAL NEWS

    Barbados unveils one-stop investment guide

    UNCTAD: As Barbados prepares to host the 15th UNCTAD quadrennial conference in October, it has become the latest Caribbean country to launch an online investment guide (iGuide). Read more

    WTO advocate argues Bahamas never to join

    Bahamas Tribune: A prominent World Trade Organisation (WTO) advocate yesterday said he doubts The Bahamas will ever join, adding: “You can lead a horse to water but can’t make it drink”. Read more

    Minister: No Wto Membership ‘For At Least Five Years’

    Bahamas Tribune: A Cabinet minister yesterday said full Bahamian membership of the World Trade Organisation (WTO) “cannot happen for at least within the next five years”. Read more

    Barbados off EU grey list

    Nation News: Barbados is off the grey list, which means this country is completely cleared and is no longer being seen as a non-cooperative jurisdiction for tax purposes within the global International Business sector. Read more

    CARICOM wants inter-governmental tax body to set standards, rules

    CARICOM: CARICOM Heads of Government have reiterated the call for the creation of an “appropriate intergovernmental tax body with the adequate means and powers to set standards and rules” which support an equitable and universal approach to an international tax governance infrastructure. Read more

    SG posits all-inclusive approach to strengthening CARICOM

    CARICOM: Building a Caribbean Community (CARICOM) that is hardened to shocks requires an approach that embraces the talents, skills and resources of all actors of society, CARICOM Secretary-General said recently. Read more

    Fixed roaming rates for CARICOM countries coming soon

    Loop News Barbados: The Barbadian Prime Minister announced that Grenadian Prime Minister, Keith Mitchell and a team from the Caribbean Single Market Economy (CSME) have been working with regional telecommunication operators to implement a fixed roaming rate for CARICOM states. Read more

    T&T, B’dos working together on CSME

    Trinidad Express: BARBADOS and Trinidad and Tobago will be working together to put certain protocols in place to get the wheels of the CARICOM Single Market and Economy (CSME) moving faster in 2020. Read more

    Castor Oil Sector Banking On $500m Gov’t Investment

    Jamaica Gleaner: Jamaica’s castor oil sector is barely earning from exports, and is seen as woefully underperforming its potential, but its producers are regrouping. Read more

    Consumers and the coronavirus: The implications for Jamaica

    Jamaica Observer: Despite reports by the World Health Organization (WHO) last week that the number of cases of the deadly novel coronavirus being recorded on a daily basis in China is “stabilising”, concerns expressed by manufacturers and retailers suggest there will be a domino effect to consumers. Read more

    INTERNATIONAL NEWS

    EU budget: Talks end amid stand-off between ‘frugal’ and other nations

    BBC: An EU budget summit ended without agreement on Friday following a stand-off between wealthy “frugal” member states and other countries. Read more

    EU proposes rules for artificial intelligence to limit risk

    AP: The European Union unveiled proposals Wednesday to regulate artificial intelligence that call for strict rules and safeguards on risky applications of the rapidly developing technology. Read more

    Boeing asks lawmakers to suspend preferential tax rate

    Fortune: Washington state lawmakers introduced bills Wednesday, at The Boeing Co.’s request, to suspend the aerospace giant’s preferential business and occupation tax rate unless the United States and European Union reach an agreement on their long-running international trade dispute that would allow the lower tax rate. Read more

    Michel Barnier: UK can’t have Canada trade deal with EU

    BBC: The UK cannot have the same trade deal with the EU as Canada, according to the bloc’s chief negotiator. Read more

    UK unveils ‘iconic,’ blue post-Brexit passports, made by a French-Dutch company in Poland

    CNN: The British government has unveiled the country’s new, blue post-Brexit passports, hailing the return of an “iconic” document that became a thorny issue during the UK’s protracted departure from the European Union. Read more

    UK-EU trade tensions descend into ‘slide war’

    The Guardian: Two sides of negotiations issue flurry of documents through social media. Read more

    Trade Minister inaugurates seven working group to prepare country for AfCFTA

    Ghanaweb: The Minister of Trade and Industry, Mr Alan Kyerematen, has inaugurated seven Technical Working Groups (TWGs) to spearhead the development of the country’s national programmes of action for Boosting Intra-African Trade (BIAT). Read more

    Does the Kenya-US free trade deal signal Nigeria’s fall from grace?

    The Africa Report: Nigeria has not managed to convince international investors – including those in the US – that it should be first in line for a post-AGOA deal. Read more

    Indo-US trade deal: The ball is now in Washington’s court

    Economic Times: Trump said his country is “not treated very well by India” but the US is “doing a very big trade deal with India”. Read more

    China to refund US trade war tariffs on some medical devices amid coronavirus outbreak

    South China Morning Post: China said on Friday it would refund tariffs already paid on a list of 55 US-made products including medical devices, engine components and timber products. 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 News Digest – January 1-11, 2020

    Caribbean Trade & Development News Digest – January 1-11, 2020

    Happy New Year! Welcome to our first Caribbean Trade & Development News Digest for the year 2020! We trust you all had an enjoyable holiday season! We are happy to bring you the major trade and development headlines and analysis from across the Caribbean Region and the world for the first two weeks of 2020!

    There will be much to watch in trade this year so we look forward to you following the developments with us from week to week.

    HIGHLIGHTS

    The beginning of the year saw US-Iran tensions hit a boiling point. These tensions have simmered somewhat, and oil prices, which rose but not as high as expected, have since lowered in light of the ease in tensions.

    Global growth is set to rise by 2.5% this year, a small increase from 2.4% in 2019, as trade and investment gradually recover. This is according to the World Bank’s semi-annual Global Economic Prospects released January 2020.

    Regionally, on January 1, 2020, Barbados’ Prime Minister the Hon. Mia Amor Mottley took over the chairmanship of the Caribbean Community (CARICOM) under that organisation’s rotating chairmanship system. Read more here.

    A three-day CARICOM workshop was held this to discuss World Trade Organization (WTO) issues. It was hosted by the SRC and WTI in Barbados and attended by ambassadors, technocrats and other high-level trade professionals.

    A significant oil discovery has been made offshore another CARICOM Member State. This time, it is Suriname. Read here. Also recall that Guyana is now an oil producing nation.

    REGIONAL NEWS

    Caricom raises external tariffs on pasta, cement

    Newsday TT: CARICOM’s Council for the Trade and Economic Development (COTED) has increased the common external tariff (CET) on pasta and cement for one year. It came into effect on January 1. Read more

    Food, drink labelling to change

    Barbados Today: Makers of packaged food and drink products may be required to have front-of-package nutrition labels by year end, Barbados TODAY has learned. But manufacturers are said to be concerned that having to revamp their labels could come at a major cost with business still slow in a tight economy. Read more

    Two faces of WTO emerge at meeting

    Barbados Today: Even as the world’s major economic powers abandon the global rules-based system in ongoing trade feuds, an international think tank’s advisor has urged officials here and in the region not to give up on the World Trade Organisation (WTO). Read more

    Walcott insists multilateral trade must benefit all

    Barbados Today: Multilateral trade must redound to the benefit of all, regardless of size. Minister of Foreign Affairs and Foreign Trade, Senator Dr Jerome Walcott, made this declaration at a three-day CARICOM workshop held to discuss World Trade Organization (WTO) issues at the Savannah Beach Hotel, recently. Read more

    Poultry investor halts $7-$8 million investment over WTO uncertainty

    Eyewitness News (Bahamas): A poultry investor said yesterday it has put ‘on hold’ its $7-$8 million investment until the government makes clear its position going forward on the World Trade Organization (WTO). Read more

    Guyana rice exports valued at more than US$200 million

    Jamaica Observer: The Guyana Rice Development Board (GRDB) said it recorded a 20 per cent increase in revenue after exporting more than half a million tonnes of paddy, rice and rice by-products last year. Read more

    CARICOM needs united voice on global issues

    Barbados Advocate: If it has not been done already, the Caribbean Community and Common Market (CARICOM) states have to devise a strategy for the global political and economic tensions and developments which continue to characterize the world in which we live. Read more

    CARICOM countries need to prepare for fallout of US and Iran situation

    St Lucia News Online: A sug­ges­tion that CARI­COM heads meet as soon as pos­si­ble, and come up with a strat­e­gy to deal with any pos­si­ble fall­out or dan­ger­ous sce­nar­ios, re­sult­ing from the re­cent dé­tente be­tween the Unit­ed States and Iran. Read more

    CARICOM heads chided for lack of sports investment

    Caribbean Life News: Caribbean heads of governments have been accused of not keeping pace with their sportsmen and women because the politicians are failing to provide facilities to support athletes consistent with their worldwide successes. Read more

    Will the EU care about the Caribbean after Brexit?

    The Voice: It’s not just Britain’s attitude towards its former colonies that may change with its geopolitical divorce. Lyndon Mukasa says the European Union’s position is also of growing interest. Read more

    UK expands its presence in Commonwealth countries

    Barbados Advocate: THE United Kingdom’s representation in the Commonwealth countries of the Eastern Caribbean has expanded over the last year. Read more

    Venezuela remains one of Guyana’s biggest rice buyers, despite no PetroCaribe deal

    Demerara Waves: Venezuela is Guyana’s biggest rice market, accounting for 34 percent or 177,682 tonnes of all that grain exported to several Latin American countries the Guyana Rice Development Board (GRDB) said in a statement. Read more

    INTERNATIONAL NEWS

    Oil rises as US-Iran conflict eases, focus turns to trade deal

    CNBC: Oil prices rose slightly on Monday as investors shift their focus away from easing Mideast tensions to this week’s scheduled signing of an initial U.S.-China trade deal which could boost economic growth and demand. Read more

    Brexit: MPs give final backing to Withdrawal Agreement Bill

    BBC: MPs have given their final backing to the bill that will implement the UK government’s Brexit deal. The Commons voted 330 to 231 in favour of the Withdrawal Agreement Bill and it will now pass to the House of Lords for further scrutiny next week. Read more

    Grassley pins blame for USMCA holdup on impeachment

    Politico: Senate Finance Chairman Chuck Grassley on Friday blamed House Speaker Nancy Pelosi for holding up passage of the new North American trade pact after she held off sending the articles of impeachment to the Senate. Read more

    IMO 2020: New Shipping Fuel Requirements Enter Into Force

    Hellenic shipping news: January 1, 2020 marked the implementation of the new sulphur oxide limit for shipping fuel imposed by the International Maritime Organisation under the MARPOL Convention, often referred to as IMO 2020. Read more

    US-China Trade War Seen as Boosting Vietnam Growth

    VoA: Vietnam has been a beneficiary of the China-U.S. trade war, enjoying a boost in services and exports that should drive economic growth to 7% this year, HSBC economist Yun Liu said last week. But she said the country remains vulnerable to economic risks including trade protection and inflation. Read more

    Brexit: EU ‘won’t be rushed’ on trade deal, says Simon Coveney

    BBC: The EU “will not be rushed” on a trade deal with the UK after Brexit, according to Ireland’s deputy PM. Boris Johnson says a deal can be agreed by the end of 2020 and has included a pledge in his Brexit bill not to extend any transition period to secure one. Read more

    Europe, Scotland and Brexit – what next?

    EU Observer: Last month’s UK general election will undoubtedly be remembered for the Conservative Party’s historic victory and the long-awaited clarity on Brexit. Yet the vote was not uniform across the UK. In Scotland, the Scottish National Party (SNP) secured an even more emphatic result, taking 47 of the nation’s 59 Westminster seats. Read more

    Here’s how the WTO can help address plastic pollution

    World Economic Forum: Trade plays a central role in plastic pollution and in the global plastics economy. Amid impressive and multiplying efforts across the globe to address plastic pollution, however, the relevance of trade to the production, consumption and disposal of plastics has been underestimated. Read more

    What to Expect in the January 2020 Session of UNCITRAL Working Group III on ISDS Reform

    IISD: In January 2020, Working Group III (WG III) of UNCITRAL will convene in Vienna to work on possible ISDS reform. 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:

  • 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.