Reconceptualizing the Caribbean Community: Reconciling Individual and Collective Exercise of Sovereignty - A Legal Perspective

• Author: Cuthbert Joseph
• Pages: 10-21

10 RECONCEPTUALIZING THE CARIBBEAN COMMUNITY

ABSTRACT

This paper on Caribbean Governance attempts to critically

reconceptualize the Caribbean Community and, in so doing, to reconcile

the individual and collective exercise of sovereignty by its member states.

This is necessary in order to confront, with a regional face, the global

challenges of the present decade. The discussion remains faithful to the

guidelines presented in the Rose Hall Declaration and the document entitled:

CARICOM Beyond Thirty: Charting New Directions. However, as a point of

departure the role of Law as an instrument of regional integration is

highlighted, while drawing a clear line of distinction between ‘law creation’

and ‘law enforcement’. Emphasis is placed on the importance of endowing

natural and juridical persons under the jurisdiction of member mtates

with Community rights and giving them the procedural capacity to enforce

their rights at both the national and Community level. The exclusive

competence of the Caribbean Court of Justice becomes critical in this process.

The paper also makes a plea for giving to economic and social stakeholders,

as representatives of non-State entities, locus standi to appear as parties

before the Caribbean Court in order to espouse their interests under

Community Law. This measure is seen as a legal manifestation of the

democratic process as it further promotes the principle of the rule of law —

a cornerstone of the legal order of Caribbean States.

INTRODUCTION

This exercise in reconceptualizing CARICOM has been thrust on the

Caribbean people by a torrent of international forces. These forces include

globalisation and liberalization, unipolar superpower dictation with the

undermining of multilateralism, and a new world order of trade and

investment dominated by super-trading blocs.1 The challenge facing the

Caribbean Community is one of political, economic and social survival.

RECONCEPTUALIZING THE CARIBBEANRECONCEPTUALIZING THE CARIBBEAN

RECONCEPTUALIZING THE CARIBBEANRECONCEPTUALIZING THE CARIBBEAN

RECONCEPTUALIZING THE CARIBBEAN

COMMUNITY: RECONCILING INDIVIDUALCOMMUNITY: RECONCILING INDIVIDUAL

COMMUNITY: RECONCILING INDIVIDUALCOMMUNITY: RECONCILING INDIVIDUAL

COMMUNITY: RECONCILING INDIVIDUAL

AND COLLECTIVE EXERCISE OFAND COLLECTIVE EXERCISE OF

AND COLLECTIVE EXERCISE OFAND COLLECTIVE EXERCISE OF

AND COLLECTIVE EXERCISE OF

SOVEREIGNTY — A LEGAL PERSPECTIVESOVEREIGNTY — A LEGAL PERSPECTIVE

SOVEREIGNTY — A LEGAL PERSPECTIVESOVEREIGNTY — A LEGAL PERSPECTIVE

SOVEREIGNTY — A LEGAL PERSPECTIVE

Cuthbert Joseph

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