Caribbean Integration Law
David S. Berry
Abstract
Caribbean Integration Law offers an in depth legal analysis of the two main regional organizations in the Caribbean, the Caribbean Community (CARICOM), and the Organisation of Eastern Caribbean States (OECS). It examines the Revised Treaty of Chaguaramas (RTC), the Revised Treaty of Basseterre (RTB) and their respective trade regimes, the CARICOM Single Market and Economy and the OECS Economic Union. It subjects both treaties to sustained, holistic and comparative legal analysis, including analysis of related developments in international institutional law, EU law, and WTO law. Co ... More
Caribbean Integration Law offers an in depth legal analysis of the two main regional organizations in the Caribbean, the Caribbean Community (CARICOM), and the Organisation of Eastern Caribbean States (OECS). It examines the Revised Treaty of Chaguaramas (RTC), the Revised Treaty of Basseterre (RTB) and their respective trade regimes, the CARICOM Single Market and Economy and the OECS Economic Union. It subjects both treaties to sustained, holistic and comparative legal analysis, including analysis of related developments in international institutional law, EU law, and WTO law. Commencing with a review of the historical and economic foundations of Caribbean regional integration, the book fleshes out the potential scope of the legal systems created by the RTC, the RTB, and related treaties. It explores the nature, competences, and law-making functions of the organs of CARICOM and the OECS, and highlights issues related to the enforcement of treaty-related obligations. It looks at the legal systems of CARICOM and the OECS and explores the potential of one source of law, general principles of law. In analysing the CSME and Economic Union, the book scrutinizes the rules related to right of establishment and the freedoms of movement of persons, services, capital, and goods. It provides an overview of the regimes governing subsidies, anti-dumping, competition law, and consumer protection. It reviews the various dispute settlement mechanisms available under both treaties including the two regional courts, the Caribbean Court of Justice (CCJ) and Eastern Caribbean Court of Appeal (ECCA). It critically examines the treaty-interpreting roles of these tribunals, including both their advisory and contentious jurisdictions. Caribbean Integration Law will serve the needs of law students, practising lawyers, judges, and scholars working in the field of comparative regional integration law.
Keywords:
regional integration,
CARICOM,
OECS,
international institutional law,
Revised Treaty of Chaguaramas (RTC),
Revised Treaty of Basseterre (RTB),
general principles of law,
regional trade law,
Caribbean Court of Justice (CCJ),
Eastern Caribbean Court of Appeal (ECCA)
Bibliographic Information
Print publication date: 2014 |
Print ISBN-13: 9780199670079 |
Published to Oxford Scholarship Online: April 2014 |
DOI:10.1093/acprof:oso/9780199670079.001.0001 |