West Indies Shipping Corporation

• Author: Duke Pollard
• Profession: Sitting senior judge of the Caribbean Court of Justice (CCJ), the highest appellate municipal court of the Caribbean Community (CARICOM)
• Pages: 153-170

West Indies Shipping Corporation 153

8

A WEST INDIES SHIPPING CORPORATION

The Commonwealth Caribbean spans a wide expanse of sea stretching from Belize in

Central America to Guyana on the northern section of South America. Consequently

the movement of goods, persons and services between the Member States concerned is

a matter of critical concern for the success of any economic integration initiative. Indeed,

one of the damaging omissions of the Treaty of Chaguaramas 1973 establishing the

Caribbean Community and Common Market was the absence of provisions relating to

transport. This omission was rectified in the Revised Treaty of Chaguaramas establishing

the Caribbean Community including the CARICOM Single Market and Economy which

contains an entire chapter on transport. The Revised Treaty expressly recognises the

importance of port infrastructure as a means of moving agricultural products within the

Community. For too long competent decision-makers of the Community have been

complaining about the high import food bill but have failed to address the reasons for

this problem. Much of the Region’s import food bill is occasioned by imports of

agricultural products for the tourist industry which is not integrated backwards into the

regional agricultural sector. This lack of integration is due in large measure to poor

post-harvest technologies to package, preserve and export perishable agricultural

commodities in the Region. The relevant provisions of the Revised Treaty of

Chaguaramas attempt to address this issue.

The West Indies Shipping Corporation (WISCO) was in fact the successor to the

West Indies Shipping Corporation established by an identical Act enacted in 1961 by

the Parliament of the defunct Federation and continued in force by relevant enactments

of participating Governments including that of the United Kingdom. The participating

Governments consisted of those of Antigua, Barbados, Belize, Dominica, Grenada,

Guyana, Jamaica, Montserrat, St. Kitts, Nevis, Anguilla, St. Lucia, St. Vincent and

Trinidad and Tobago. The purpose of WISCO was to establish, operate and maintain

an orderly, adequate, regular and efficient intra-regional merchant shipping service to

and from the participating states and territories. WISCO could also operate and maintain

merchant shipping services to non-participating states within and outside the Caribbean.

WISCO collapsed as an economic venture due largely to an insufficiency of intra-regional

trade, since most of the trade of the Region was export-oriented and import-oriented

from third States, and inefficient management practices, coupled with the reluctance of

the participating Governments to provide resources necessary to make it an efficient

international merchant shipping service. Despite its demise, WISCO’s structure offers

154 THE CARICOM SYSTEM

a useful precedent for organisations of its kind and still has much relevance for the

Member States of the Community today, and this consideration informs its inclusion in

this work.

The capital resources of WISCO were derived from three sources - ordinary capital

resources, which included issued capital; income derived from investments and other

payments; loan capital resources including the issue of stock and the Special Fund.

Participating Governments could guarantee the loans of WISCO either jointly or

severally. The management structure of WISCO comprised a Board of Directors, a

General Manager and such other officers as were considered necessary. Of its ten

directors, one was appointed by Barbados and Guyana; three by Jamaica; four by

Trinidad and Tobago; one jointly by Antigua, Dominica, Grenada, Montserrat, St.

Kitts-Nevis-Anguilla, St. Lucia and St. Vincent. The determinations of the Board

were subject to the special or general directions of the Standing Committee of Ministers

responsible for Transport and which was designated an Institution of the Community

by the Conference of Heads of Government. Participating Governments accorded to

WISCO’s Members of the Standing Committee, Directors and officials within their

jurisdictions such privileges, immunities, and exemptions considered necessary to

enable WISCO to effectively perform its functions.

AGREEMENT ESTABLISHING

A WEST INDIES SHIPPING CORPORATION

Preamble

The Participating Governments;

Conscious of the need to maintain and improve the shipping service between and

beyond the Member States of the Caribbean Community;

Mindful of the Resolution adopted by the Fourth Heads of Government Conference

that the Commonwealth Caribbean Countries should endeavour to maintain and improve

regional carriers to facilitate the movement of persons, goods and services within the

Region;

Have agreed as follows:

CHAPTER I

Article 1

Establishment of Corporation

1. By this Agreement a West Indies Shipping Corporation (hereinafter referred to

as “The Corporation”) is established having the functions, membership and powers

hereinafter specified.

2. The Corporation shall be the successor to the West Indies Shipping Corporation

established by the West Indies Shipping Corporation Act 1961 enacted by the Parliament