EU and CARICOM: Dilemmas versus Opportunities on Development, Law and Economics

225 Pages·2020·1.446 MB·English

by  Alicia Elias-Roberts, Stephen Hardy, Winfried Huck

EU and CARICOM
Investigating the unique EU-CARICOM legal relationship, this book explores
the major theme of globalisation, which shapes inter-regional organisations
individually and determines their relationship to one another. It evaluates how
EU-CARICOM relations have fostered trade, security and other development
measures, reflecting on the past, future and present of the Caribbean states that
are active in the EU-CARICOM framework.
Providing case studies on key issues such as immigration, tax and energy, it
examines the impact that the EU-CARICOM has on the slave trade and the
deportation of millions of people. Such bitter experiences still indirectly shape
culture, hopes and the economic framework of possibilities today; therefore, the
focus of the volume is on the issues which the constant stream of globalisation
creates. The book assesses many potential impacts that the agenda of the EU
and Brexit pending will have upon the EU-CARICOM relationship, given the
potential for these to create instability.
Overall, it highlights how the EU and CARICOM are representations for
multilateralism and serve as models that provide the basis for many successful
initiatives and agreements. In all new agreements and negotiations, the will to
accept the Sustainable Development Goals and thus to make inequality, climate
change and other goals of the SDGs the basis of an order that puts people
at the centre, are evaluated, and the global agenda 2030 and its impact on
EU-CARICOM.
Alicia Elias-Roberts is Deputy Dean and Lecturer in law, Faculty of Law, the
University of the West Indies, St Augustine campus, Trinidad and Tobago.
Stephen Hardy is Professor of Law and a scholar in employment law. He is
currently Head of the Coventry Law School, Coventry University, UK.
Winfried Huck is Professor of International and European Economic Law and
Dean at the Brunswick European Law School, Ostfalia University of Applied
Sciences, Wolfenbüttel, Germany.
Transnational Law and Governance
Series Editor: Paolo Davide Farah
West Virginia University, USA and gLAWcal – Global Law Initiatives for
Sustainable Development, UK
In recent years the concepts of “transnational law” and “governance” have been
explored by both scholars and practitioners with the terms taking on new meaning
and significance, particularly in light of the ongoing economic crisis and a corre-
sponding critical reappraisal of global institutional structures and governance. This
multidisciplinary series aims to provide a home for research exploring these issues.
Transnational law covers a broad theoretical definition which includes studies
emerging from disciplines such as international law, comparative law, international
economic law and administrative law undertaken by legal scholars but also features
extensive research undertaken by scholars from other disciplines, including but not
limited to, political sciences, international relations, public administration, sociology,
history, philosophy and geography. Governance in particular is now seen as important
when we refer to the general stability of the markets, to good faith and other key
principles which are fundamental to the notion of a fair market which is responsive to
the needs of governments and citizens as well as businesses.
This series features cutting-edge works which critically analyse the relationship
between governance, institutions and law from a variety of disciplinary perspectives.
Available titles in this series include:
EU and CARICOM
Dilemmas versus Opportunities on Development, Law and Economics
Edited by Alicia Elias-Roberts, Stephen Hardy and Winfried Huck
Business and Human Rights in Europe
International Law Challenges
Angelica Bonfanti
Forthcoming titles:
Administrative Appeals in EU Law
Giacomo Gattinara and Alessandro Di Mario
What Money Can’t Buy, What Business Can’t Sell
International Trade and Non-Trade Values
Csongor István Nagy
The Transnationalization of Anti-Corruption Law
Regis Bismuth, Jan Dunin-Wasowicz, Phils Nichols
Technocracy, Expertise and Multilevel Governance
What Role for Accountability?
Alessandra Arcuri and Florin Coman Kund
For more information about this series, please visit: www.routledge.com/
Transnational-Law-and-Governance/book-series/TRANSGOVLAW
EU and CARICOM
Dilemmas versus Opportunities on
Development, Law and Economics
Edited by Alicia Elias-Roberts,
Stephen Hardy and Winfried Huck
First published 2021
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
and by Routledge
52 Vanderbilt Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group, an informa business
© 2021 selection and editorial matter, Alicia Elias-Roberts, Stephen
Hardy, Winfried Huck; individual chapters, the contributors
The right of Alicia Elias-Roberts, Stephen Hardy, Winfried Huck
to be identified as the authors of the editorial material, and of the
authors for their individual chapters, has been asserted in accordance
with sections 77 and 78 of the Copyright, Designs and Patents Act
1988.
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ISBN: 978-0-367-85776-9 (hbk)
ISBN: 978-1-003-09686-3 (ebk)
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Contents
List of contributors viii
Foreword from the Editor-in-Chief for the gLAWcal Book Series
“Transnational Law and Governance”, Routledge Publishing –
Professor Paolo Davide Farah ix
Foreword from the President of the Caribbean Court of Justice – The
Honourable Justice Mr Adrian Saunders xiv
List of abbreviations xvi
Introduction 1
1 The EU-CARICOM in context 3
ALICIA ELIAS-ROBERTS, STEPHEN HARDY AND WINFRIED HUCK
PART I
Brexit and EU-CARICOM relations 13
2 The impact of Brexit: in search of a new legal order? 15
STEPHEN HARDY
3 The impact of the UK’s Brexit on anti-suit injunctions 24
MARGARET LIU
PART II
Trade and security in EU-CARICOM 39
4 EU-CARICOM trade law as a tool for development? 41
ACHIM ROGMANN
vi Contents
5 Building a digital anchor: a legal perspective on a
prospective improvement of electronic data interchange
in maritime trade 58
HANNES PROCHNO
6 European Union and CARICOM: current challenges
and potential solutions in the energy and investment
sector 70
CLAUDIA KURKIN
PART III
Taxation and immigration in EU-CARICOM 87
7 Select jurisprudence of the CJEU and CCJ: a comparative
perspective 89
ANTHONY GAFOOR
8 From haven to blacklist: UK, EU and Caribbean
cooperation on tax avoidance, after Brexit 101
STUART MACLENNAN
9 Impoverished law: a review of Trinidad and Tobago’s
Immigration Act 120
ASCHILLE CLARKE-MENDES
PART IV
Sustainable development and regional governance
issues in the EU-CARICOM 135
10 CARICOM regional integration and challenges in
maritime law – a case study of Guyana’s offshore
energy developments 137
ALICIA ELIAS-ROBERTS
11 SDGs and their impact on African, Caribbean and
Pacific (ACP) group of states and CARICOM – soft
law on its way through the legal order 151
WINFRIED HUCK
12 National Champions and their impact on trade, trade
policy and SDGs 168
FABIAN STANCKE
Contents vii
1 3 Charting a path to sustainable development: goals
of CARICOM and the EU 182
CHERISSE FRANCIS
Conclusions 195
14 Reflections for the future 197
ALICIA ELIAS-ROBERTS, STEPHEN HARDY AND WINFRIED HUCK
I ndex 201
Contributors
Aschille Clarke-Mendes is a graduate with an LLM from Queen’s University,
Canada.
A licia Elias-Roberts is Deputy Dean and Lecturer in law, Faculty of Law, the
University of the West Indies, St Augustine campus, Trinidad and Tobago.
C herisse Francis is an attorney-at-law and graduate with an LLM from the Uni-
versity of Aberdeen, UK.
A nthony Gafoor is a PhD candidate, the University of the West Indies, St
Augustine campus, Trinidad and Tobago and Chief Judge of the Tax Appeal
Court of Trinidad and Tobago.
S tephen Hardy is Professor of Law and scholar in employment law. He is cur-
rently Head of the Coventry Law School, Coventry University, UK.
Winfried Huck is Professor of International and European Economic Law and
Dean at the Brunswick European Law School, Ostfalia University of Applied
Sciences, Wolfenbüttel, Germany.
Claudia Kurkin is Research Associate, Brunswick European Law School, Ost-
falia University of Applied Sciences, Wolfenbüttel, Germany, and PhD candi-
date, Faculty of Law, Leibniz University of Hanover, Germany.
Margaret Liu is Senior Lecturer in Law, Coventry Law School, Coventry Uni-
versity, UK.
Stuart MacLennan is Senior Lecturer in Law, Coventry Law School, Coventry
University, UK, and an associate member, Centre for Financial and Corporate
Integrity.
Hannes Prochno is Research Assistant for European, Trade and Customs Law
at Brunswick European Law School, Ostfalia University of Applied Sciences,
Wolfenbüttel, Germany.
Achim Rogmann is Professor of European and International Business Law at
the Brunswick European Law School (BELS), Ostfalia University of Applied
Sciences, Wolfenbüttel, Germany.
Fabian Stancke is Professor of Civil Law, Insurance and Competition Law at
the Brunswick European Law School, Ostfalia University of Applied Sciences,
Wolfenbüttel, Germany.
Foreword from the Editor-in-
Chief for the gLAWcal Book Series
“Transnational Law and Governance”,
Routledge Publishing – Professor
Paolo Davide Farah
Paolo Davide Farah1
EU and CARICOM: Dilemmas versus Opportunities on Development, Law and
Economics , edited by Alicia Elias-Roberts, Stephen Hardy and Winfried Huck,
represents a relevant collection of chapters and authors, and in the light of its
various facets shows one of the pieces in the complex puzzle of globalisation.
Globalisation is a phenomenon of inherent complexity. As such, it is defined
by a number of positive, as well as negative, traits. The seemingly inextricable
links between countries – created by international trade and membership in a
variety of international organisations – are seen as a guarantee and precondition
of (relative) international security and peace. However, they are being questioned
by various forms of nationalism, disguised in the forms of trade protectionism
or feverish defence of state sovereignty. Even though globalisation has managed
to create unprecedented links between countries across the world, it has also
made the divisions in society more visible. Events such as Brexit – a prominent
example of profound political miscalculation and risk of applying instruments of
direct democracy to questions of great complexity – depict a picture of the Brit-
ish society divided between the so-called anywheres and somewheres. It seems
that our hunter-gatherer mind-set still needs to cope with the evolution of a
globalised world that is constantly outpacing the ability of the human mind to
1 Paolo Davide Farah, West Virginia University, John D. Rockefeller IV, School of Policy and
Politics, Department of Public Administration and College of Law; West Virginia Univer-
sity, Energy Institute and Center for Innovation in Gas Research and Utilization (CIGRU);
West Virginia University, Institute of Water Security and Science (IWSS). Founder, President,
Director, Principal Investigator and Senior Research Fellow at gLAWcal – Global Law Initia-
tives for Sustainable Development. Senior Fellow at the IIEL – Institute of International
Economic Law, Georgetown University Law Center. Editor-in-Chief for the gLAWcal Book
Series ‘Global Law and Sustainable Development’ and for the gLAWcal Book Series ‘Transna-
tional Law and Governance’ published by Routledge (New York/London).