International Trade Law

Happy 40th Birthday, CARICOM

/ Andrea M. Ewart, Esq. / Leave a comment

As we celebrate the 238th anniversary of U.S. Declaration of Independence, I also pause to acknowledge the 40th birthday of the Caribbean Community or CARICOM. Created on July 4th 1973, CARICOM is a regional organization created to achieve economic integration and to promote cooperation among its fifteen (15) Caribbean member states. Its members are Antigua and Barbuda, The Bahamas, Barbados, Belize, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, St. Kitts-Nevis, St. Lucia, St. Vincent and the Grenadines, Suriname, and Trinidad and Tobago.

Forty years later a question being posed is what has CARICOM achieved? Is CARICOM a success or a failure? As one would expect with such a complex undertaking, the answer is “yes”.

In honor of this 40th birthday, while acknowledging the numerous challenges that remain, we highlight key accomplishments of the Caribbean regional integration effort under CARICOM.

Institutional Continuity

CARICOM HQ building in Guyana (www.caricom.org)

CARICOM HQ building in Guyana (www.caricom.org)

CARICOM remains a functional organization which has expanded beyond its original English-speaking members to encompass Dutch-speaking Suriname and French-speaking Haiti. This year, for the first time, Haiti assumed the rotating position as Chair of CARICOM. Fittingly, President Martelli assumed the position on January 1, the 209th anniversary of Haiti’s independence. The five UK territories– Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Turks and Caicos Islands – are associate members. Several other countries, including the Dominican Republic, hold observer status.

Functional Cooperation in Culture, Education, Health

CARIFESTA, the Caribbean-wide Festival of Arts remains alive and well as an expression of the region’s rich and varied cultures. CARIFESTA XI is being held in Paramaribo, Suriname, August 16-25, 2013.

Twenty-eight regional bodies are CARICOM-designated institutions or associate institutions that serve to pool the resources of these small Caribbean states in delivering education, health and other social services to the region. The University of the West Indies (UWI) and the Council of Legal Education operate several campuses to provide tertiary education across the region. There is also the Caribbean Disaster Emergency Management Agency (CDEMA) (formerly CDERA); Caribbean Agricultural Research and Development Institute (CARDI), Caribbean Community Climate Change Centre, Caribbean Telecommunications Union, Caribbean Public Health Agency, and Caribbean Regional Information and Translation Institute (CRITI), to name a few.

Economic Integration

The Revised Treaty of Chaguaramas, signed in 2001, refocused the goal of economic integration around creating the CARICOM Single Market & Economy (CSME). For the twelve signatories to the CSME, the goal is to create a regional market for trade in goods and services and the movement of labor and capital. Currently, Caribbean-made products are entitled to duty-free entry into all CSME members and policies to support free movement of specified categories of service providers are being implemented. The Caribbean Court of Justice (CCJ) was created by the Revised Treaty of Chaguaramas, with original and exclusive jurisdiction for interpreting the treaty. In this regard, the Court is already functioning and has issued several opinions.

The CCJ is also to replace one of the remaining vestiges of colonialism by serving as final court of appeal for the former English colonies replacing the colonial-era UK Privy Council. As we noted in an earlier post, this aspect of its functions has been stymied by the British-drafted Constitutions that remain in many of the countries.

Like other components of the CARICOM Community, this is a work in progress, that does not negate the progress already made.

Happy Birthday, CARICOM!

(Courtesy, Wikipedia Commons)

(Courtesy, Wikipedia Commons)

Women in International Law Networking Breakfast

/ Karen Hoffmann / 1 Comment

The Women in International Law Interest Group (WILIG) of the American Society of International Law (ASIL) is sponsoring a Women in International Law networking breakfast on July 23, 2013 from 8-10 am at ASIL Headquarters, Tillar House, 2223 Massachusetts Avenue, NW, Washington DC 20008.

The event will feature accomplished professionals in various practices of international law, who will discuss their career paths and offer professional advice and insights for women interested in pursuing careers in international law.

Speakers include:

Astri Kimball

 

Astri Kimball, Senior Adviser to the President and CEO, Overseas Private Investment Corporation (above left)

Andrea Harrison, Deputy Legal Adviser, International Committee of the Red Cross

Cindy Dyer, Vice President for Human Rights, Vital Voices (right) Cindy Dyer

Jesica Lindgren, General Counsel, Blue Star Strategies, LLC (below left)

Jesica Dobbins Lindgren

The panel presentations will be followed by a Q&A and networking opportunities among the panelists and participants.

Registration is open until 5 pm EDT on Tuesday, July 16th. For more information and to register please visit http://www.asil.org/activities_calendar.cfm?action=detail&rec=298.

 

What do Bangladesh and Snowden Have in Common?

/ Andrea M. Ewart, Esq. / Leave a comment

The country of Bangladesh and US fugitive Edward Snowden are both at the center of questions over the future of two U.S. trade preferential programs — the Generalized System of Preferences (GSP), and the Andean Trade Preference Act (ATPA) programs.

GSP is a program that allows about 5,000 products from about 127 developing countries to enter the United States on a duty-free basis. GSP duty-free access benefits exporters from developing countries as it helps them to be competitive in the U.S. market. US importers also rely on the program for access to lower-priced consumer goods and manufacturing inputs. Developed countries, like the United States, extend GSP unilaterally to beneficiary countries; it is not the result of a negotiated agreement.

In the United States, the program is authorized by legislation. The US President also has the authority to remove previously eligible countries that fail to meet the specified requirements.

On June 27th, President Obama announced the suspension of Bangladesh from the program. Though under review for some time, the timing of the decision is a direct result of the death and injury in April (2013) of hundreds of garment workers as a result of poor working conditions.

Bangladesh garment factory (Courtesy of Wikipedia Commons)

Bangladesh garment factory (Courtesy of Wikipedia Commons)

Sadly, it is difficult to see how the lot of the workers has been improved by this decision. The garment industry is notoriously fickle. Companies have moved operations all around the world in search of the cheapest inputs and of countries whose products are allowed duty-free access back to their home markets. Complete loss of GSP access to the US market for products from Bangladesh is likely to result in loss of jobs for Bangladesh workers. We can only hope that the suspension will spur the government and private companies to move at warp speed to improve working conditions.

On the same day, President Correa of Ecuador, who is reviewing an application for asylum by Edward Snowden, announced his intention to refuse the benefits that Ecuador receives under the ATPA. Ecuadorean government officials have accused the United States Government of using the program to blackmail the country for its willingness to review Snowden’s asylum request. Ecuadoran products are also eligible for unilateral duty-free entry under the GSP program. The Obama Administration is also said to be considering expelling Ecuador from GSP. The US Government has been known to wield threats of denying access to GSP and other preferential programs by countries with whose actions they disagree. Ecuador apparently has decided to act first. Meanwhile, however, this leaves Ecuadorean exporters wishing to access the US market at a disadvantage.

Profile of Ecuador's exports (Courtesy of Wikipedia Commons)

Profile of Ecuador’s exports (Courtesy of Wikipedia Commons)

It is also worth noting that both the GSP and ATPA programs are set to expire on July 31, 2013. This won’t be the first time. The programs periodically expire and are then renewed again. Unfortunately, these periods of expiration seriously inconvenience and harm the companies that rely on the programs. President Correa’s actions increase the likelihood that the ATPA may not be renewed any time soon, if at all. Trade programs, like GSP and ATPA, that provide a lifeline for many small exporters in developing countries, should not be held hostage to politics.

First-ever Global Arms Trade Treaty!

/ Andrea M. Ewart, Esq. / 3 Comments

International law has firmer rules for the trade of commodities like bananas and electronics than it does conventional arms.

Abigail Nehring for Think Africa Press.

A key step to remedy this situation was taken today, April 2, 2013, when the United Nations overwhelmingly approved the 1st– ever global Arms Trade Treaty. The Arms Trade Treaty (ATT) aims to regulate the $70 billion business in conventional arms and keep weapons out of the hands of human rights abusers.

155 countries voted in support. Iran, Syria, and North Korea were the only countries to vote “no”. 22 other countries abstained.

Supporters included the United States, which voted “yes” despite the opposition of the National Rifle Association (NRA). The NRA has pledged to fight against the treaty’s ratification by the U.S. Senate. As the world’s number one arms exporter, U.S. support for the treaty is particularly important.

Other major arms-exporting countries  –  Russia, China , Russia, and India (ranked 2nd, 5th, and 13th respectively in arms exports) were among the 22 abstaining countries. They could, however, be persuaded to eventually sign the treaty. It is reported that some delegates, understandably, expressed concern about the effectiveness of an arms trade treaty not subscribed to by the major arms exporters.

Importance for African, Caribbean & Other Vulnerable States

Countries in Africa and the Caribbean have robustly supported and lobbied for the ATT. The international trade in arms was estimated to be worth around 100 billion US dollars in 2012 and growing fast. The unregulated trade in arms disproportionately affects the vulnerable in the small, open islands of the Caribbean and the fragile states in Africa.

Child SoldierThe CBS News Magazine, “60 Minutes” has for the last twelve years followed the journey of the Lost Boys of Sudan, the collective name given to over 20,000 young boys displaced as a result of war and the death of their parents. Thousands of young boys and girls have been “recruited” at gunpoint to become child soldiers in countries like Chad and the Democratic Republic of Congo. Illegal guns easily end up in the hands of Somalian pirates who take hostage ships and their crew. And everywhere, it is the women and girls who get raped, at gunpoint.

The Treaty

The ATT creates common standards and rules to improve the control by states of the flow of arms. It regulates all conventional arms within the following categories: battle tanks, armored combat vehicles, large-calibre artillery systems, combat aircraft, attack helicopters, warships, missiles and missile launchers, and small arms and light weapons. The treaty also contains a prohibition on the transfer of arms which would be used in the commission of genocide, crimes against humanity and certain war crimes. It institutes an annual reporting system as well as regular meetings between heads of states to monitor implementation.

The treaty will enter into force 90 days after ratified by the 50th signatory.

Cyberlaw conference

/ Audrey Guinchard / 1 Comment

As the internet has become ubiquitous, so has cyberlaw grown in importance and influence in our lives. Not one day goes by without hearing and/or reading of legal issues of e-commerce, cloud computing, data protection, intellectual property rights, cybercrime, to name a few. At national level, Governments multiply regulations of the use of internet and new technologies. But increasingly the international dimension of cyberlaw cannot be ignored.

The Cyberlaw Section at the British Society of Legal Studies (SLS) has issued a call for original research papers to be presented at the 2013 SLS Annual Conference from 3rd to 6th September 2013 at the University of Edinburgh, Scotland, UK. The goal of the SLS Cyberlaw Section is to provide a forum where legal scholars and practitioners can gather together to update each other on current developments in cyberlaw and discuss high-quality research relevant to legal issues in the information society. Papers in every discipline of law are welcome.

If you are interested in presenting a paper, please indicate your interest or submit an abstract (within 300 words) to faye.wang@brunel.ac.uk by the 15th March 2013. More information is available at http://cyberlawsection.wordpress.com/2013/02/12/call-for-papers-2013-2/  or http://sections.legalscholars.ac.uk/news_item.cfm?no=361.

Audrey Guinchard (on behalf of the SLS Cyberlaw Section)’

The Gender Agenda in Trade

/ Andrea M. Ewart, Esq. / 1 Comment

In many developing countries, the informal economy is at least as important as that economy which can be more easily captured in a country’s GDP measurements. For a number of families in Africa, Latin America and the Caribbean,

Women selling in market(IITA Image Library)

Women selling in market
(IITA Image Library)

the informal sector is what has allowed them to survive, despite a world economic crisis and sinking national economies.

Women in Informal Employment: Globalizing and Organizing (WIEGO), a global action/research/policy network conducting research on this sector has defined the informal economy broadly to include the range of activities, enterprises and workers that are not regulated or protected by the state. This definition encompasses the vendors of products and services who conduct their business on busy city streets as well as producers and service providers who work from their homes.

In the developing world, the overwhelming majority of these informal workers are women. Sixty percent or more of women workers in the developing world are in the non-agricultural informal sector, reports WIEGO. Of these, a significant subset is involved in cross-border trade. The gender agenda in trade is incomplete without policies and strategies that address this group of women.

Cross-Border Traders

In the Caribbean, informal traders — known as “hucksters” in Dominica or traffickers in St. Vincent — ply an inter-island route on boats carrying produce to other islands. “Higglers” in Jamaica are both the backbone of the island’s agricultural marketing system as well as the “informal commercial importers” of cheap products from all over the world. While years ago they could be seen on flights between Aruba, Miami, or Panama, today’s favored source is China.

Data on cross-border informal traders is understandably hard to come by, but here are some compelling statistics:

  • In sub-Saharan Africa, 60% of the self-employed women working outside of the agricultural sector were involved in some aspect of cross-border trade (ILO, 2004)
  • The average value of informal cross-border trade in the 15 countries of the Southern African Development Community (SADC) was US$ 17.6 billion per year and 70% of informal cross-border traders are women.
  • In West and Central Africa, women informal cross border traders “employ” 1.2 people in their home businesses.

Challenges

These women traders frequently operate in the shadows with inadequate recognition and support from the formal economy.

A USAID summary Women in Cross-Border Agricultural Trade highlights the discrimination that women face in the border process:

  • Women in India wait 37% longer than men to see the same customs official.
  • In East Africa, women cross-border traders are forced to pay larger bribes than their male counterparts or to provide sexual favors to border officials who detain the trader or confiscate her goods.
  • In Central Africa, customs officials commonly perceive those who trade in small quantities as “smugglers,” even when they pay the appropriate duties.

The very informality of their operations is also a challenge: Continue reading →