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Monday, November 7, 2011

NAFTA and CARICOM part 2 - Law - International Law


There are many ways in which CARICOM has affected its member countries. Since it's

inception it has helped to coordinate a more positive interaction between it's members. Recently, the

Caribbean Disaster Emergency Response Agency (CDERA) has played a part in helping local

hurricane victims: Haiti, Cuba, Jamaica, The Bahamas, the Cayman Islands and the Turks and Caicos

Islands have all experienced the ferocity of the hurricanes. Lives have been lost, while homes,

infrastructure and agricultural producing areas have been destroyed by wind and floods...Technical

assistance, relief supplies and financial resources are being provided by the Caribbean Community

(CARICOM) to the countries affected by the disastrous events of the ongoing Atlantic hurricane

season. The Caribbean Disaster Emergency Response Agency (CDERA) has mobilized its resources

and is helping in the assessment of the damage and the provision of relief. A needs list is also being

developed to determine further needs of the affected countries (CARICOM press release, Caribbean

Community Secretariat).

Under CARICOM, the CSME implements: Free Movement of Goods and Services, the Right of

Establishment, A Common External Tariff, Free Circulation, Free Movement of Capital, A Common

Trade Policy, Free Movement of Labour, a Harmonization of Laws. Part of the CSME's job involves

(through 'Free movement of labour'): removing all obstacles to intra-regional movement of skills,

labour and travel, harmonizing social services (education, health, etc.), providing for the transfer of

social security benefits and establishing common standards and measures for accreditation and

equivalency (caricom.org). Another way CARICOM affects each country is (through 'Free Movement

of Goods and Services'): through measures such as eliminating all barriers to intra-regional movement

and harmonizing standards to ensure acceptability of goods and services traded (caricom.org).

There are not many options to being a part of CARICOM. Would it be possible, a Caribbean

state could become a member of NAFTA. This could potentially increase trade with the US and

Mexico. Given the economic status of a country like the United States, a Caribbean state might want to

avoid this decision because it might benefit the US more, and exploit their resources. CARICOM

provides many systems (in addition to trade) for its member countries and plays an important role in

their well being and future. One way is through programs like the Caribbean Renewable Energy

Program (CREP), whos goals are to:

-Reduce greenhouse gas emissions by removing barriers to renewable energy development

-Establish the foundation for a sustainable renewable energy industry

-Create a framework under which regional and national renewable energy projects are mutually supportive (caricom.org). It would not be beneficial to these countries to abandon their CARICOM

systems and support.

On March 21, 2003, a CARICOM member country (Trinidad and Tobago) initiated a dispute

with the US (NAFTA member): Antigua and Barbuda requested consultations with the US regarding

measures applied by central, regional and local authorities in the US which affect the cross-border

supply of gambling and betting services. Antigua and Barbuda considered that the cumulative impact of

the US measures is to prevent the supply of gambling and betting services from another WTO Member

to the United States on a cross-border basis (wto.org). After a long period, a resolving plan was

decided upon:

the United States stated its intention to implement the DSBs recommendations and indicated that it would need a reasonable period of time to do soOn 24 May 2006, the parties informed the DSB that, given the disagreement as to the existence or consistency of measures taken by the United States to comply with the recommendations and rulings of the DSB, they had agreed on certain procedures under Articles 21 and 22 of the DSU (wto.org). On November 18, 1999 CARICOM brought a dispute with Costa Rica to the World Trade organization: On 18 November 1999, Costa Rica requested consultations with Trinidad and Tobago in respect of the anti-dumping investigation being carried out by Trinidad and Tobago at the request of the company Cereal Products Limited against imports of pasta from the Costa Rican company Roma Prince Sociedad Annima (wto.org).What the Caribbean Community does undoubtedly affects the rest of the world. Its economy is a small part of a larger world economy. Althoug h the Caribbean Community is geographically closer to my country (USA), it might not affect me to the extent that another country on the other side of the world does, such as china. Recently, Florida Governor Charlie Crist has set up a meeting with CARICOM to try and establish trade. This possible collaboration can affect my countrys economy in a positive way. New goals could further alter the culture of South Florida (where I grew up): Coming out of the meeting was an agreement to look at ways in which the state could incorporate cultural events, such as the annual Caribbean Carnival and Jerk Festival, in the general roster of tourist attractions in Florida (BBC). A smoother system for Caribbean immigrants could further increase the Caribbean Population in Florida and the US. More recently, talks are underway regarding the USs relations with Cuba: At a historic gathering in Cuba, CARICOM [Caribbean Community] leaders yesterday called for the lifting of a decades-old US eco nomic embargo on Havana, piling early pressure on President-elect Barack Obama (BBC). This would be a historic decision for the US and could open trade traffic between the US and Cuba, possibly further changing the culture and economy of South Florida. Both NAFTA and CARICOM have a direct impact on the political and economic systems in their respective countries. There have been positive increases in trade in both areas, though many oppose NAFTA or CARICOM for their own reasons. Some believe NAFTA has caused them job loss and others oppose CARICOM. NAFTA has allowed for an increase in trade among Canada, the US, and Mexico, and CARICOM has helped shape the safety, political ties, and education of Caribbean countries. Governmental structures must now take into consideration these groups in their decision and policies.

BIBLIOGRAPHY

North American Free Trade Agreement. 1998. NaftaNow.org. 3 March 2009..

Selko, Adrienne. NAFTA: LEARNING TO LOVE THY NEIGHBOR. IndustryWeek. 1 Feb 2009: Pg. 38.

Drajem, Mark. White House defends NAFTA from Democrats; Clinton, Obama pledge to pull out of trade agreement. National Post (Canada). 5 March 2008: A13

OKeefe, Thomas Andrew. Potential Conflict Areas In Any Future Negotiations Between Mercosur And The NAFTA To Create A Free Trade Area Of The Americas. Arizona Journal of International and Comparative Law. 1997: pp.305-318.

DISPUTE SETTLEMENT: DISPUTE DS309- China: Value-Added Tax on Integrated Circuits. 2004. WTO.org. 4 March 2009 .

Scott, Robert E. NAFTA-related job losses have piled up since 1993. 10 Dec. 2003. Economic Policy Institute. 4 March 2009 .

CARICOM rallying to help hurricane victims. 18 Sep 2008. Caribbean Community Secretariat (CARICOM). 4 March 2009 .

The CARICOM Single Market and Economy (CSME). 2009. Caribbean Community (CARICOM) Secretariat. 4 March 2009 .

Caribbean Renewable Energy Programme (CREDP). 2009. Caribbean Community (CARICOM) Secretariat. 4 March 2009 .

DISPUTE SETTLEMENT: DISPUTE DS285- United States: Measures Affecting the Cross-Border Supply of Gambling and Betting Services. 2008. WTO.org. 3 March 2009 .

US state governor aims to set up trade missions to Caribbean. 3 Nov. 2007. BBC Monitoring Latin America Political Supplied by BBC Worldwide Monitoring. Lexis-Nexis. 3 March 2009.

CARICOM urges new US president to end Cuba embargo. 10 Dec. 2008. BBC Monitoring Latin America Political Supplied by BBC Worldwide Monitoring. Lexis-Nexis. 3 March 2009.

DISPUTE SETTLEMENT: DISPUTE DS185- Trinidad and Tobago: Anti-Dumping Measures on Pasta from Costa Rica. 2009. WTO.org. 3 March 2009 .


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