The WTO Services Domestic Regulation: Should CARICOM Countries Join?
Alicia Nicholls$*Services providers – whether lawyers, accountants or IT professionals – know all too well the non-negligible costs and high regulatory barriers encountered when seeking authorization to ply their trade in a foreign land. It is with this reality in mind that on December 2, 2021, 67 members of the 164-member World Trade Organization (WTO)…
Caribbean Community Law & CCJ Online Short Course
Caribbean Community Law & CCJ Online Short Course Author: Virtual programme on Caribbean Community Law & the Caribbean Court of Justice (CCJ) Bridgetown, Barbados. The University of the West Indies (UWI) Cave Hill, Barbados, Shridath Ramphal Centre for International Trade Law, Policy and Services (SRC) hosted an online short course on Caribbean Community Law & the Caribbean Court of Justice (CCJ) in the Original Jurisdiction. The course was organized in collaboration with the Organisation of the Eastern Caribbean States (OECS) Commission and the UWI, Cave Hill Campus’ Centre for Progressive Development and Lifelong Learning (CPDLL) with the support from the Judges and staff of the Caribbean Court of Justice src trade blog January 28, 2022 Virtual programme on Caribbean Community Law & the Caribbean Court of Justice (CCJ) Bridgetown, Barbados. The University of the West Indies (UWI) Cave Hill, Barbados, Shridath Ramphal Centre for International Trade Law, Policy and Services (SRC) hosted an online short course on Caribbean Community Law & the Caribbean Court of Justice (CCJ) in the Original Jurisdiction. The course was organized in collaboration with the Organisation of the Eastern Caribbean States (OECS) Commission and the UWI, Cave Hill Campus’ Centre for Progressive Development and Lifelong Learning (CPDLL) with the support from the Judges and staff of the Caribbean Court of Justice (CCJ). Led by the efforts of Dr Jan Yves Remy, Director of the SRC, who served as the course facilitator, with the able assistance of Mr Claude Chase, legal counsel at Baker McKenzie, experts on the subject matter were brought together for five days to share their knowledge and engage in thought-provoking discussion with about 50 participants from across CARICOM. The programme was organised to educate legal practitioners, students and judges on the substantive law governing the Caribbean Community under the regime of the Revised Treaty of Chaguaramas establishing the Caribbean Community, including the CARICOM Single Market & Economy (RTC), the procedural framework facilitating the enforcement of rights provided by the RTC, and the position of the CCJ as an international court in the wider international community. The course was opened with welcome remarks by CCJ President, The Honourable Mr. Justice Adrian Saunders and Dr. Remy. In his brief opening words, the President highlighted that the framework of the RTC and the judgments of the CCJ in disputes concerning the Treaty not only ‘demonstrate and promote the rule of law’ but also ‘go a long way in…optimising the social and economic prospects of CARICOM States and peoples and deepening the integration process in a principled and lawful manner.’ He also made the point that although the RTC ‘is principally an economic treaty…it is not just about companies and businesses.’ ‘Fundamentally’, he said, ‘it is about people’. Dr David Berry, senior lecturer in the Faculty of Law at the Cave Hill Campus and author of the text ‘Caribbean Integration Law’, started the course’s substantive elements by illustrating the core characteristics of the Caribbean Community and its characteristics under the RTC. This was built upon by CCJ Judicial Counsel Kurt Da Silva, who explained the origins and key features of the CCJ before examining the Court’s original jurisdiction, whereby the Court has exclusive and compulsory jurisdiction to interpret and apply Community Law. They were then joined by CARICOM General Counsel, Dr Corlita Babb-Schaefer, who has appeared before the Court on numerous occasions on behalf of the Community and added valuable insight from that perspective on the Court and how it has performed in its role in upholding the rule of law. In the following two days, participants were treated to a more in-depth look at particular rights and benefits conferred by the RTC and how the CCJ has been called into action to ensure that the people and companies of the Community are not deprived of their enjoyment of those rights. Dr Berry led the discussion on the free movement of goods on the second day and was joined by Ms Simone Mayhew QC, who has appeared before the CCJ in its original jurisdiction. CARICOM’s Ms Gladys Young continued with free movement of services and people on Day 3 and was well supported by her CARICOM Secretariat colleague Dr Chantal Ononaiwu and Dr Kathy Ann Brown, the latter a Jamaican Judge who sits on the International Tribunal on the Law of the Sea. Former President of the CCJ, Sir Dennis Byron, then gave a very detailed lecture on how the Original Jurisdiction works and its different facets, before current CCJ Judge, The Honourable Mme. Justice Maureen Rajnauth-Lee, and another practitioner with experience before the Court, Mr Hans Lim A Po of Suriname, joined to continue the discussion on the practical workings of the CCJ’s OJ. Mr Da Silva also returned to take participants through a graphic description of the Court’s referral jurisdiction, which was a topic of great interest throughout the course. The referral jurisdiction, by which national courts and tribunals of CARICOM Member States are obligated to refer questions on the interpretation and application of the RTC to the CCJ when they arise in the course of proceedings before them, is yet to be engaged, and there was lively discussion each day on the possible reasons for this. It was noted that the Court is seeking to address this and has created a Referral Manual to train judicial officers and attorneys-at-law in the Community on why, when, and how referrals may be done. The discussion of the CCJ as an international court, especially in comparison to other such courts, was picked up on the final day as Professor Mikael Madsen, an expert on international courts, spoke on situating the CCJ in a broader context. Professor Madsen, of the University of Copenhagen, was then joined by Professor James Gatthi of Loyola University, The Honourable Mr. Justice Jacob Wit of the CCJ and Mr Chase as they engaged in a riveting discussion on the work of the CCJ in its 16 years of existence and what it has done to set itself apart as a model of judicial
Video Recording – A 360 Degree Legal Perspective on Climate Change in the Caribbean
Video Recording – A 360 Degree Legal Perspective on Climate Change in the Caribbean Author: Video recording of the webinar A 360 Degree Legal Perspective on Climate Change in the Caribbean held on the 20 January, 2022. src trade blog January 24, 2022 Video recording of the webinar A 360 Degree Legal Perspective on Climate Change in the Caribbean held on the 20 January, 2022. https://www.youtube.com/watch?v=v0D3W_vG3d4
A 360 Degree Legal Perspective on Climate Change in the Caribbean – Webinar
A 360 Degree Legal Perspective on Climate Change in the Caribbean – Webinar Author: This event is being organized jointly by the SRC with the American Society of International Law, and is in furtherance of the MOU between the SRC and the US Embassy. The event will take place Thursday, 20 January, 2022 at 1 pm Eastern Caribbean Time. Panelist:Dr. Jan Yves Remy, SRC, UWI – TradeMs. Malene Alleyne, Freedom Imaginaries – Human/Social/Civil RightsMs. Rueanna Haynes, Climate Analytics – Environmental LawMrs. Akima Paul Lambert, Hogan Lovells – Investment Register using the link below:https://miami.zoom.us/webinar/register/WN_TwjHfFo-QheDTw8Ybeq9bw src lunch time chats January 17, 2022 This event is being organized jointly by the SRC with the American Society of International Law, and is in furtherance of the MOU between the SRC and the US Embassy. The event will take place Thursday, 20 January, 2022 at 1 pm Eastern Caribbean Time. Panelist:Dr. Jan Yves Remy, SRC, UWI – TradeMs. Malene Alleyne, Freedom Imaginaries – Human/Social/Civil RightsMs. Rueanna Haynes, Climate Analytics – Environmental LawMrs. Akima Paul Lambert, Hogan Lovells – Investment Register using the link below:https://miami.zoom.us/webinar/register/WN_TwjHfFo-QheDTw8Ybeq9bw
Season’s Greetings
Season’s Greetings from all of us at the SRC, thanks for your support in 2021! We look forward to continuing to serve you in trade in 2022. May this season be a blessing to you and yours.
Video Recording – US-CARICOM Trade and Investment Relations Webinar 1
Video recording of the the first in the Webinar Series US-CARICOM Trade and Investment Relations entitles “US Entities Involved in US-CARICOM Trade and Investment Policy held on the 14 December, 2021.
The Last Mile to MC12
Wayne Mc Cook$*The World Trade Organization (WTO) approaches its 12th Ministerial Conference (of Ministers responsible for trade) with its centrality in the Multilateral Trading System (MTS) assured despite the severe shocks it has faced in recent years. These shocks have been magnified by the stagnation in its negotiating pillar and the severe setback…
US Trade and Investment Webinar Series – Webinar 1 – December 14, 2021
Join the SRC, in collaboration with the US Embassy to Bridgetown (Barbados) and the Caribbean Policy Consortium, for the first in our three-part webinar series on ‘US-CARICOM Trade and Investment Relations’. The first webinar, carded for December 14 (11 am-12:30 noon AST) is entitled ‘US entities involved in US-CARICOM Trade and Investment Policy’. Our esteemed panelists are: Stephen Lande (Manchester Trade)Amb. Anton Edmunds (St Lucia)Jason Marczak (Atlantic Council)Amb. Patrick Duddy (Director, Duke University Centre Int’l /Global Studies) Moderator: Dr. Jan Yves Remy(Director, SRC, UWI) Register here: https://zoom.us/webinar/register/WN_DEkRzFXGRZW_e7m2Z0r9ZA
SRC and BCCI launch Agrilab Project!
On September 18, 2021 the Shridath Ramphal Centre for International Trade Law, Policy and Services (SRC) in collaboration with the Barbados Chamber of Commerce and Industry (BCCI), hosted a virtual roundtable discussion on Food Security in CARICOM. At the end of this session the two entities announced that their partnership would continue in the form of an upcoming Agri-Trade Lab. The SRC and BCCI are proud to announce that on December 10, 2021 the SRC-BCCI Agri-Trade Lab pilot project will be officially launched. The Agri-Trade Lab will connect local farmers and agro-processors with researchers at the SRC capable of leveraging their technical expertise to solve various agri-trade related challenges faced by the project’s participants. Some of the agri-trade challenges this lab is positioned to address include, but are not limited to, market intelligence & analysis; market access & market penetration matters; sanitary and Phytosanitary (SPS) measures; technical Barriers to Trade (TBT) measures; trade-related aspects of intellectual property rights; and more! Local farmers and agro-processors who are involved in agri-trade, or who are interested in pursuing trade opportunities can apply to be part of this free pilot project by completing the required application form which is available on the SRC website: www.shridathramphalcentre.com or by clicking here. Application forms should be submitted electronically by emailing Mrs. Chelcee Brathwaite (SRC Trade Researcher) at chelcee.brathwaite@cavehill.uwi.edu and Ms. Shanice Haynes (BCCI Research Officer) at bcci@barbadoschamber.com no later than January 31, 2022.
U.S. Embassy Bridgetown funds University of the West Indies Regional Trade Research
From bottom left to top left to right – U.S. Ambassador Linda Taglialatela, Professor Clive Landis, Dr. Jan Yves Remy, Dr. Dion Greenidge, Professor Troy Lorde, and Ms. Lisa Alleyne. On November 23, the United States Embassy to Barbados and the Eastern Caribbean hosted a signing ceremony to mark the provision of grant funding to the University of the West Indies (UWI) Cave Hill Campus, which are geared towards supporting regional trade and investment. UWI’s Shridath Ramphal Centre for International Trade Law, Policy, and Services was awarded US$50,000 to support programs focused on U.S.-Caribbean trade and investment, and the Sagicor Cave Hill School of Business was awarded approximately US$15,000 to develop micro, small, and medium-sized enterprises in the Caribbean. The funding is part of an education initiative entitled Revitalizing the U.S – Caribbean Trade and Investment Agenda, which will bring the institutional collaboration between the United States Embassy and the University of the West Indies to a new level. Speaking at the signing ceremony, United States Ambassador to Barbados, the Eastern Caribbean and the OECS, Linda Taglialatela, said “I can promise you that the U.S. Embassy will support you in holding the torch of knowledge high. It is with that light, and the freedom with which it illuminates, that we will be able to see new possibilities and seize upon them.” Representing the university was principal of UWI Cave Hill Campus, Professor Clive Landis, who thanked Ambassador Taglialatela and the Embassy for supporting the campus’ trade research initiatives. Professor Landis said: “We our deeply appreciative of this demonstration of solidarity and I wish to give every assurance that we value highly the strengthening of these bonds between the U.S. government and the UWI Cave Hill campus.”