news and information from the american and …...houston, tx— the thurgood marshallschool of law...

British Virgin Islands are associatemembers of the OECS.

The ever-increasing number ofMEAs makes it difficult for countrieswith limited human, financial andtechnical resources, to have a clearunderstanding of their obligationsunder each instrument, to receive the

News and Information from the American and Caribbean Law Initiative

ACLI Summer LawConference on Trade

By Jane E. Cross

Nassau, Bahamas -- The American andCaribbean Law Initiative (ACLI) will be holdingits second Summer Law Conference fromThursday, July 6 until Saturday, July 8, 2006.The conference, entitled Trade and Legal Aid:Tools for Economic Development andIndependence, will be cosponsored by theNortheast People of Color (NEPOC) and hostedby Eugene Dupuch Law School. Theconference will present seven discussionpanels based on the conference theme and will

July 6-8, 2006, Nassau Bahamas

OECS Seeks ACLI ExpertisePlan to Implement Biodiversity Conventions

Among the participants in the UNEP-OECS-ACLIProgram were: Norman Davis, tutor, Norman ManleyLaw School (NMLS), Akilah Anderson, student at NMLSand legal director, Jamaican Environment Tract; JohnKnechtle, president of ACLI and professor at FloridaCoastal School of Law (FCSL); Tim Frantz, FCSLstudent; Keith Nichols, Program Officer, Environment &Sustainable Development Unit, OECS; and Judy Daniels,consultant

At the request of theOrganization of EastCaribbean States

(OECS) and the UnitedNations EnvironmentalProgram (UNEP), the ACLIprovided consulting services toOECS in the development offramework legislation toimplement several multilateralenvironmental agreements(MEAs) dealing withbiodiversity.

The OECS, which came intobeing on June 18, 1981 whenseven Eastern Caribbeancountries signed the Treaty ofBasseterre (so named in honorof the capital city of Saint Kitts andNevis where it was signed) agreeing tocooperate with each other, now hasnine members consisting of Antigua andBarbuda, Commonwealth of Dominica,Grenada, Montserrat, Saint Kitts andNevis, Saint Lucia and Saint Vincentand the Grenadines. Anguilla and the

by John C. Knechtle

Continued on page 8

NEWSThe American and Caribbean Law

Continued on page 4

Vol I, No. 1

ACLI Caribbean Law ClinicHugh Wooding Law School Hosts Students

The American and Caribbean LawInitiative (ACLI) held the CaribbeanLaw Clinic (“CLC”) for fall 2005 in

Trinidad and Tobago on November 17-18, 2005.The CLC was hosted by Hugh Wooding LawSchool in St. Augustine. Approximately 20students from Caribbean and American lawschools participated in group presentations ofresearch on three legal problems prepared bythe Solicitor General’s Department of the Officeof the Attorney General of Trinidad andTobago.

When many of the CLC participants arrivedin Port of Spain on Wednesday, November 16,2005, the Republic of Trinidad and Tobago wascelebrating the qualification of its nationalfootball team, the Soca Warriors, to the WorldCup finals in Germany next summer. Thecarnival-like atmosphere continued on Thurs-day, November 17, 2005, which was declared anational holiday to celebrate Trinidad andTobago’s first entry ever into the World Cupfinals.

In the midst of the celebrations, the studentsin the CLC met at Hugh Wooding Law Schoolon Thursday to discuss the legal problemsfrom the Solicitor General’s Department. Topreserve confidentiality, the problems em-

Continued on page 9

By Jane E. Cross

ACLI member institutions participated in the Caribbean Law Clinic at Hugh WoodingLaw School in Trinidad & Tobago. Posing with the members of the Trinidad andTobago Attorney General John Jeremie's Office are representatives of Hugh WoodingLaw School, Eugene Dupuch Law School, Florida Coastal School of Law, NovaSoutheastern University Shepard Broad Law Center, Norman Manley School of Law,and Stetson University College of Law. See related story on this page.

ACLI CLC Presents at AG's Office of T&T...

President's Column AMERICAN and CARIBBEANLAW NEWS

President - Editorial Board MemberProf. John C. KnechtleFlorida Coastal School of LawJacksonville, [email protected]

Vice President - Editorial Board MemberHon. Keith SobionNorman Manley School of LawKingston, Jamaica

Secretary - Editorial Board MemberProf. Jane E. CrossNova Southeastern University Shepard Broad Law CenterFort Lauderdale, [email protected]

Treasurer - Editorial Board MemberProf. Martina CartwrightThurgood Marshall School of LawHouston, TX

Editorial Board MemberProf. Fitzgerald AlleyneHugh Wooding Law SchoolTunapuna, Trinidad and Tobago

Editor-in-ChiefProf. Cleveland Ferguson IIIFlorida Coastal School of LawJacksonville, [email protected]

Copy EditorClare RaulersonFlorida Coastal School of LawJacksonville, [email protected]

Case Notes EditorProf. Darryl WilsonStetson University College of LawGulfport, FL

Advertising ManagerProf. Zahie El KouriFlorida Coastal School of LawJacksonville, [email protected]

Deadlines for submission of materials are:October 15 for January 1 issueApril 15 for August 1 issue

The American and Caribbean Law News is published twice yearly by theAmerican and Caribbean Law Initiative, 7555 Beach Boulevard, Jacksonville, FL32216. Address corrections should be sent to Clare Raulerson at the sameaddress.

The American and Caribbean Law News provides information on currentdevelopments in the law affecting the United States of America and the CaribbeanBasin. Articles and reports reflect the views of those who prepared them and notnecessarily the member schools or other institutions associated with thisInitiative. Please note that articles do not contain footnotes or lengthy citations.Manuscripts should be sent via email to [email protected].

©2006 ACLI—All rights reserved. ISSN: pending

ACLI: Ready for the Next Evolutionso far in the CLC includecriminal law, constitutional law,privatization, foreign invest-ment, environmental law,maritime law, contracts,commercial transactions, andinternational law.

The clinic includes travelingto the office of the attorneygeneral from which the legal

work originatesto presentcompletedwork to thestaff of theattorneygeneral’s office,as well as anyministryparticipating inthe CLC.Students fromparticipatinglaw schoolsfirst meet to

discuss their findings andrecommendations and decidehow to present them thefollowing day. During the trip,time has also been spentmeeting with governmentofficials to learn about theJamaican, Bahamian, orTrinidadian legal system,visiting courts, legislativebodies, prisons, and legal serviceproviders such as legal aidclinics, as well as the local lawschools.

ACLI Law Conference -The ACLI organizes lawconferences on topics ofimminent concern in theCaribbean as a means forlawyers, government officials,judges, and legal educators tolearn from their diverseexperiences, share knowledge,and build relations between andamong their respective legalsystems. The ACLI held itsfirst law conference, “CaribbeanMarket Forces; EmergingTrends in International andComparative Law,” from July23 – 24, 2004 in Ocho Rios,Jamaica at the RenaissanceJamaica Grande Resort. Therewere six panels and over 90

John C. Knechtle

The American & Caribbean LawInitiative (ACLI) was founded onAugust 29, 2000 when the

Principals and Deans from Norman ManleyLaw School (NMLS), Florida Coastal Schoolof Law (FCSL), Nova SoutheasternUniversity Shepard Broad Law Center(NSU), and Texas Southern University’sThurgood Marshall School of Law (TMSL)along with the Senior Assistant AttorneyGeneral of Jamaica, representativesfrom the City of Jacksonville, andthe former Dean of HowardUniversity School of Law,participated in a foundingconvocation at FCSL. Amemorandum of understanding wassigned creating the American andCaribbean Law Initiative.

In 2001 the Council of LegalEducation (CLE), which overseeslegal education in theCommonwealth Caribbean,approved the ACLI in order toanticipate the involvement of itsother two law schools. Also in 2001, theACLI affiliated with the CaribbeanCommunity (CARICOM).

In 2002 the Eugene Dupuch Law School(EDLS) in Nassau, Bahamas joined the ACLIand began participating in the Caribbean LawClinic and in 2003, the Hugh Wooding LawSchool (HWLS) in Trinidad & Tobago joinedcompleting the involvement of the CLE lawschools. In 2004, Howard University Schoolof Law and Stetson University School ofLaw joined the ACLI. In November of 2005,the Cayman Islands Law School joined theACLI.

The mission of the ACLI is to advance thecommon interest of its members in thegrowth and development of the CaribbeanBasin by facilitating collaborativerelationships and by strengthening its legaldevelopment and institutions. The ACLIseeks to achieve its mission through severalprograms.

Caribbean Law Clinic (CLC) - Eachsemester the attorney general of a Caribbeannation or of Florida or Texas refers legalproblems to the Caribbean Law Clinic forstudents from the participating law schoolsto research under faculty supervision. TheCLC serves as a legal resource the requestinggovernment can turn to for timely researchand analysis. The research typically involvesthe law of the host country, international law,or the law of a particular country and thememoranda address the possible ways toresolve the legal problems. Areas addressed Continued on page 8

Houston, TX— The Thurgood MarshallSchool of Law of Texas Southern Universityhosted the 2006 Caribbean Law Clinic (CLC) onMarch 22-25, 2006. This was the first year theCLC was held in a United States venue. Lawstudents from the Caribbean as well asstudents from the consortium of United Stateslaw schools that make up the ACLI, will beparticipating in the clinic as a result.

The Caribbean Law Clinic offers students theunique opportunity to collaboratively work onlegal issues referred by various attorneysgeneral. Historically, each semester, theattorney general of a Caribbean nation, theBahamas, Jamaica, and Trinidad and Tobago todate, or of Florida or Texas refers legal problemsto the Caribbean Law Clinic for students fromthe participating law schools to research underfaculty supervision.

“This year, the legal issues comprisedproblems with international implications orconcerns,” said Victoria Dawson, professor andorganizer of the clinic at Thurgood Marshall.

Since the issues involve ongoing, live-client

legal problems, more specificinformation could not be gathered.The CLC serves as a legal resourcethat the requesting governmentauthority can turn to for timelyresearch and analysis.

During the trip, time is also spentmeeting with government officials tolearn about the legal system, visitingcourts, legislative bodies, prisons, andlegal service providers such as legalaid clinics, as well as the law schools.

The Caribbean Law Clinic provides studentswith an opportunity to develop professionalskills including problem solving, legal researchand analysis, factual assessments, legal writing,and formal oral presentation.

The research typically involves the law ofthe host country, international law, orcomparative law and the memorandaaddressing the possible ways to resolve thelegal problems. Areas addressed so far in theCLC include criminal law, constitutional law,human rights, privatization, foreign investment,

Jacksonville, FL -- I participated in theClinic in the Spring of 2005. What anexperience!!! I researched a property issue-- whether a property owner who hasoffered a right of first refusal to the managerof a commercial property canrefuse to honor the rightwhen the owner received athird party offer that includedmore property than includedin the right.

Of course, the answer wasa resounding NO!!!

A property owner who hasoffered a right of first refusalon any property, whetherresidential or commercial,must honor the right of first refusal andcannot disregard his or her obligation, as amatter of public policy, solely based on thethird party offer being larger than theproperty under contract.

I presented to the Attorney General of theBahamas in Nassau. I was pretty fortunate

since the AG could not attend the morningsession -- the other groups presented to theAG’s staff.

The experience impacted my legalexperience by allowing me to have hands on

international experience,an area of the law inwhich I am interested,and allowed me to finetune my research skills inan area with which I wasnot familiar. I met anumber of fineindividuals -- studentsand professors -- from other law schools in thenation, had an

opportunity to work with them, andnetwork. The Caribbean Law Clinic atFlorida Coastal School of Law is an excellentopportunity for any student and could lead toother great opportunities in practice. I amtrying to find a way to work in the Bahamasnow!!!

ACLI Caribbean Law ClinicCaribbean Law School Students Trek to Texas

Caribbean Law Clinic Experience...in the First PersonBy Imani Boykin, Esq.

Staff Reports

"I presented to theAttorney General ofthe Bahamas inNassau."

government ethics,family law,environmental law,maritime law, property,contracts, andinternational tradeand business law. Theclinic includestraveling to the officeof the attorneygeneral from whichthe legal workoriginates to presentcompleted work to thestaff of the attorneygeneral’s office, aswell as to anyministry participatingin the CLC. Studentsfrom participating lawschools first meet todiscuss their findingsand recommendationsand decide how topresent them thefollowing day.

Thurgood Marshall School of Law

"Advancing thecommon interest of its

members in thegrowth and

development of theCaribbean Basin by

facilitatingcollaborative

relationships and bystrengthening its legal

development andinstitutions."

Social Transformation of States in OECS Discussed

ACLI Summer Law Conference '06

Jane E. Cross is an associate professor and directorof Caribbean Programs at Nova SoutheasternUniversity Shepard Broad Law Center. She issecretary, an executive committee member, and aboard member for the ACLI.

RM to enable theestablishment ofpriorities and resourcemobilization efforts onthe recipient and donorsides, respectively.Funding Agencies,namely the CaribbeanDevelopment Bank(CDB) and UnitedNations DevelopmentProgram (UNDP) arealso part of the RoadInitiative. Preparation ofa Procedures Manual (ablueprint) for theconduct of CPAs in theOECS wasrecommended.

The proposedProcedures Manual is tocontain all the actionsnecessary for thepreparation, executionand follow-up regardingCountry PovertyAssessments in the

SocialDevelopmentexperts from

Ministries of Financeand Planning,CommunityDevelopment andSocial Transformationin Organisation ofEastern CaribbeanStates (OECS) MemberStates (MS) areconsidering a RoadMap for thedevelopment andenhancement ofCountry PovertyAssessments in thesubregion.

This is the mainoutcome of a recentworkshop in Castriesorganized by the OECSSocial Policy Unit. Theproposed Road Map isa methodology thatfacilitates the

preparation, executionand follow-up forCountry PovertyAssessments (CPAs)and the utilizing of theoutputs of theassessments to informSocial Policy in theOECS. The Road Map(RM) also embracescapacity building withinthe OECS MemberCountries in executingthe CPAs.

The parties involvedare considering thepreliminary outline ofthe RM which will befurther finalized andsubmitted to the OECSMember States andDevelopment partnersfor implementation.

It is expected thatboth the Member Statesand the DevelopmentPartners will consult the

Staff Reports

Continued from page 1

provide four work in progress sessions on avariety of topics.

The opening day of the conference,Thursday, July 6, will be devoted to the themeof “Caribbean Trade, Sovereignty andDevelopment: Recurrent Tensions.” For thisday, the following four discussion panels arebeing planned:

· Environment, Tourism and Land Use;· U.S. - Caribbean Migration: Realities of

Brain Drain and Remittances;· Financial Services in An Age of Terrorism;

and· CSME: Imperatives of Sovereignty and

Regional Harmonization.The second day of the conference, Friday,

July 7, will feature the theme of “DeliveringLegal Services to Ensure Equal Rights andJustice.” Based on this theme, the followingthree discussion panels have been proposed:

· Current Crisis of Legal Aid Service Delivery;

· Sustainable Legal Aid Development; and· Critical Race Theory Perspectives on Legal

Aid Services.NEPOC will coordinate four work in progress

sessions that will take place on all three days ofthe conference.

These sessions pair a moderator with anarticle author and will provide an opportunityfor authors to present a draft of a scholarlywork to an audience. In addition, NEPOC willbe hosting an award ceremony, a brunch withkeynote speaker and a mentoring rap session. Ifyou would like to provide names and addressesfor the conference mailing list or to distributeconference information, please contact JaneCross at [email protected] or at (954)262-6014. Conference updates can be found at;www.nsu.law.nova.edu/caribbean.

OECS MS. The CDB hasindicated its willingnessto provide support forsuch an initiative.

The meetingdiscussed countryexperiences at thevarious stages of theassessment, namely, thepreparatory activitiesfor CPA execution, theexecution of and postCPA and follow-up, inrelation to the process,problems andchallenges,opportunities andsolutions. Other issuesdiscussed included themethodology; the roleof the TechnicalAssistance Agencies;relationships amongconsultants, MS andfunding agencies andthe responsibilities ofthe various players. The

challenges faced bythe funding agenciesin supporting severalCPAs at the same timewere also discussed.

Member Stateslisted securingadequate resourcessuch as retaining welltrained persons,financing andappropriateinfrastructure supportand technology amongthe commonchallenges noted inconducting the CPA.

Participantsstressed the validity ofgetting theparliamentaryopposition on boardthe assessmentprocess if politicallegitimacy is to beguaranteed and forconsensus to bemaintained at thatlevel.

Head of the OECSSocial Policy Unit EzraJohn Baptiste isemphatic that bringingother stakeholders onboard is even moreimportant for nationalownership of theprocess, the outcomeand the follow-up. Hesays in this regard,“there is a role for thedevelopment partnerswith respect tocoordination whichhas been lacking forsome time now.” Todate, all of the OECSTerritories exceptMontserrat have eitherconducted at leastone, or are currentlyconducting a CountryPoverty Assessment.

ACLI Case NotesCriminal Law-Death Penalty

A number of interesting cases have dealtwith the question of whether the deathpenalty is proper, and if so under what

circumstances. In Trinidad and Tobago, thedeath penalty has generally been mandatory for aperson convicted of murder. This sentence hasbeen maintained despite the fact that murder isbased on English common law which allows oneto be classified as a murderer if it is establishedthat the defendant had an intent to cause seriousbodily injury. The policy behind the breadth ofthe murder characterization is that one whointends to cause serious bodily harm cannotcomplain if a death results. This approach hasremained even in the presence of a manslaughteralternative, a crime carrying discretionarysentencing for imprisonment up to life but nopresumption or allowance of the death penalty.Despite the view that murderers must receive thedeath penalty, many individuals have beensuccessful in procuring life sentences or somelesser period of incarceration.

The question thus arose whether, in thecontext of the contemporary legal system ofTrinidad and Tobago, Offenses Against ThePersons Act 1925 conformity could be said topermit the reduction of the fixed penalty of amandatory death sentence to a discretionary one.A majority of the Lords of the Committee of thePrivy Council answered those questions in theaffirmative, primarily based on prior decisions bythe Privy Council finding a mandatory deathsentence to be cruel and unusual punishmentwithin the meaning of the 1976 Constitution ofTrinidad and Tobago and the interpretation thatSections 4, 5, and 6 of the Constitution containbroad enough language to accommodatemodifications of the 1925 Act. The Councilmajority supported their finding by virtue ofother Commonwealth nation decisions, andfurther indicated that international obligationsarising from Trinidad and Tobago’s membershipin the Organization of American States and itsratification of the American Convention onHuman Rights dictated that discretionarysentencing was proper. A strong dissent wasdelivered in the matter based on a morerestrictive reading of the Constitution and anintense belief that this was a matter forParliament if any change was in fact necessary.

Balkissoon Roodal v. The State (Trinidad andTobago) [2003] UKPC 78 (20 November 2004).

In Jamaica, six appellants raised the questionof whether they had a right not to be executedprior to the Inter-American Commission onHuman Rights or the United Nations HumanRights Committee issuance of reports on theirrespective petitions. They also raised questionsregarding information disclosure and argued thattheir treatment during incarceration was inhuman

and degrading, and further supported theassertion that they should not be executed. Theappellants were all convicted of murdersoccurring between 1991 and 1994 and alreadyhad numerous appeals dismissed. All requestedconsequential relief to annul or defer theirexecutions. The Privy Council recognized theoption granted to condemned individuals to seekrecommendations of outside bodies to assist indeterminations of whether the prerogative ofmercy should be exercised. However, it wasnoted that the human rights bodies metinfrequently and were without sufficient staff,thus giving rise to timing issues, especially inlight of Jamaica’s requirement to carry out deathsentences within five years after the convictionand sentencing.

Four of the appellants had been imprisoned inexcess of five years and the other two were onlymonths away from reaching that time. ThePrivy Council decided that the appellants weretherefore entitled to have their sentencescommitted to life imprisonments. TheLordships stopped short of finding that theirtreatment in prison gave rise to grounds for notexecuting the appellants, primarily due to a lackof adequate evidence. They did note that suchallegations are serious and require investigationsbeyond mere affidavit evidence. A dissentharshly criticized the majority for raising thelevel of the advisory process and reportsgenerated by outside bodies to a legal processrequiring honor by the courts and simultaneouslygenerating a new level of expectation amongstprisoners. The majority felt the outcome wasmore consistent with international obligationsand an implicit concept of due process (read intothe constitutional obligation of fairness), wherethe dissent focused more on the need for acertain degree of stability in regards to theapplications of the law, although realizing thelack of any legal principles requiring bindingprecedent.

Neville Lewis, Patrick Taylor and AnthonyMcLeod, Christopher Brown, Desmond Taylorand Steve Shaw v. The Attorney General andAnother (Jamaica) [2000] UKPC 35 (12thSeptember 2000).

Arguments similar to those raised in Jamaicahad previously been addressed by the PrivyCouncil on the basis of an appeal from theBahamas. The appellants there had beenimprisoned for five and a half and six and a halfyears respectively. The Privy Councilrecognized the Organization of American StatesConstitution and the Commission established inthat regard as being international treaties failingin the power to change the laws of the land. Itwas also noted that pretrial delay and detentionwhile awaiting execution could not ordinarily beregarded as cruelties in addition to the deathsentence that would give rise to prohibition ofexecution.

Higgs and David Michell v. The Minister ofNational Security and Others (Bahamas)[1999] UKPC 55 (14th December, 1999).

COMMENT

The cases highlight the differencesbetween the nation states in regardto commuting death sentences from

both administrative and legal points of view.Each involved conflicting opinions regardingthe rights granted by the Constitutions of theparticular countries, thus calling into questionthe value of having unified views based on oneoverriding Constitutional document. One ofthe dissenting opinions stated that a particularconstitution must be analyzed in a mannerconsistent with and cognizant of the impacton the family of Commonwealth Caribbeanconstitutions. The creation of a singleconstitutional document, as well as one highcourt reasonably bound to a consistentinterpretation and application of thatdocument would prevent the appearance ofinconsistency. It would also eliminate anycircumstances giving a perpetrator heightenedexpectations of lenient sentencing dependingupon the place where he/she is convicted ofmurder.

From an administrative standpoint the roleof government ministries in commuting deathsentences to life imprisonment was alsohighlighted. Appointed government ministersactions were far more directly influential inthe Bahamas and Trinidad and Tobago, than inJamaica where the Jamaican Privy Counciltakes on the important task of acceptinginformation and making recommendations.One may question whether theseadministrative differences also indicate a needfor more consistency in matters of such greatimportance.

T he Judicature (AppellateJurisdiction) (Amendment) Act 2004,the Caribbean Court of Justice

(Constitutional Amendment) Act 2004 and theCaribbean Court of Justice Act 2004 were notpassed in accordance with the procedurerequired by the Constitution of Jamaica andare therefore void.

On September 30, 2004 the Governor-General of Jamaica gave assent to three billswhich effectively abolished the right of appealto Her Majesty in Council and substituted aright of appeal to a new regional court of finalappeal, designated the Caribbean Court ofJustice (CCJ). The Governor-General’sactions sought to give effect domestically toan international agreement establishing the

Constitutional Law

CARIBBEAN COURT OF JUSTICE

Continued on next page

ACLI Case NotesCCJ, signed by a number of Commonwealthcountries in Barbados, on 14 February2001, and further amended in Jamaica on 4July 2003.

Although, it was found that the goals ofthe three bills were acceptable it was decidedthat the steps taken to achieve those goalswere inappropriate. The effect of the billson the Constitution was deemed to allowfor the possibility of the establishment ofthe CCJ in a present agreed upon form thatmight be later amended and ratified bycontracting states. These actions couldsubsequently set forth changes in Jamaicandomestic laws by affirmative resolution asopposed to the normal process for changesin the judiciary set forth in theConstitution.

Independent Jamaica Council forHuman Rights (1998) Limited and Othersv. (1) Hon. Syranga Marshall Burnett and(2) The Attorney General of JamaicaJudgment of the Lords of the Committee ofthe Privy Council, Delivered the 3rd ofFebruary 2005.

DOMESTIC RELATIONS: MARITALPROPERTY

A wife will maintain her legal rightunder the Civil laws of St. Lucia,to a half-share interest in property

of the community, despite signing awaysuch a right if it can be shown that herhusband engaged in actual undueinfluence or undue influence can bepresumed in regards to the acts that led tothe husband’s designation as sole owner ofthe property in dispute.

Ms. Marie Egger aged 55, married a 57year old Austrian named Herbert Egger inSwitzerland on 9th June 1982. Each hadbeen married three times before. At thetime of their marriage, Ms. Egger was awealthy, educated woman with a large housein Switzerland, worth two million SwissFrancs. She was the parent of three grownchildren and she was also an alcoholic.After their marriage Ms. Egger sold theproperty in Switzerland netting 725,000Swiss Francs, a sum which Mr. Egger tookand placed in a black leather bag he alwayscarried.

Mr. Egger, who inherited property fromhis former wife, had sold that property aswell. Over the next few years following themarriage, the couple lived briefly in Austriabefore moving to St. Lucia. Mr. Egger hadhis wife sign documents transferring herpower of attorney to him on severaloccasions and proceeded to purchase

numerous properties solely in his name.From arrival in St. Lucia in January 1984 toMay 1989, the husband acquired fiveseparate properties, paying a total of$525,206.00. Mr. Egger thereafterinstituted divorce proceedings in Austriawhich ended July 11, 1991 and included asettlement agreement purporting to waiveany property claims by either party. Ms.Egger brought an action seeking to enforceher property rights, asserting that shetrusted and confided in her husband whobreached that trust and confidence byunduly influencing her to represent that theproperties were bought with his separatefunds and were solely owned by him.

The court noted that actual undueinfluence requires on occasion proof ofoutside coercion, some unfair and improperconduct overwhelming, cheating and onoccasion some personal advantage obtainedby a donee placed in some closerelationship with a donor.

It was noted that presumed undueinfluence arose where the duty of the doneewas to advise its donor or even manage theproperty of the donee. While Ms. Eggerwas deemed to have failed her burden ofproving actual undue influence, presumedundue influence was found to be present dueto the relationship of the parties and herexecution of the documents giving himpower of attorney.

The finding was further supported by Mr.Egger’s failure to detail a source of separatefunds used to purchase the properties. Thecourt stated that the relationship ofhusband and wife did not as a matter of lawraise a presumption of undue influence, butthat a wife had to go further and show thatshe reposed trust and confidence in herhusband, complying with his wishes and notindependently evaluating the circumstances.

As those circumstances were present inthe facts at bar, the court found in favor ofMs. Egger, declaring the properties to bejointly owned by the parties, ordering thatMr. Egger prepare the necessarydocumentation for confirming the same andenjoining him from any further dealingswith the properties in any manner otherthan for purposes of establishing Ms.Egger’s interest in them.

St. Lucia: In the Court of Appeal, CivilAppeal No. 17 of 2002 Between: MarieMadeleine Egger and Herbert Egger (2004:February 19, April 26)

RECTIFICATION; MISTAKE

Rectification is a discretionary,equitable remedy that is notappropriate for cases of alleged

mistake premised on a vendors plea thatthey believed a fictitious price inserted inan agreement of sale was presented toaccommodate the purchaser’s fiscalarrangements and shareholder obligationsin another country and that the vendorcould rely on the oral assertions of anagreed to price discussed between theparties on an earlier occasion.

The Appellants and Respondentsexecuted a written agreement for the sale ofcertain property located at Seafeather Bay.Testimony regarding the oral and writtennegotiations prior to execution of the salesagreement indicated an agreed to price of$3,300,000 U.S. The Agreement for Saleand Purchase of Real Estate provided thatthe property was being sold for $1,090,000U.S. exclusive of interest.

There were other contractual provisionsincluded related to interest and whatultimately turned out to be a contrivedamortization schedule attached to theagreement. Some time after the agreementwas signed and in force, the sellers sought tohave the agreement rectified, allegingmistake and accusing the purchaser ofhaving fraudulently inveigled them intoexecuting an agreement containing anartificial price.

The trial judge permitted the reliefrequested. On appeal the court noted thatthe law did not allow rectification on thegrounds of mistake put forth by the seller.The court questioned why the sellers,having full capacity, signed a documentcontaining express terms contrary to theirunderstanding and expectations.

The court stated that the mistake wasperhaps in the sellers understanding ofwhether the terms of contract would beexecuted fully or possibly a miscalculationof the numbers involved. The court citedauthority indicating a reluctance to grantrectification in most situations because ofthe negative impact such a finding wouldhave on the certainty and readyenforceability of contractual obligations inthe field of commerce.

Anguilla: In the Court of Appeal, CivilAppeal No. 8 of 2003 between: [1] HotelDe Health (Caribbean) Inc. [2] RobertTalbot and [1] Ronald Webster [2]Cleopatra Webster (2004: December 19,2005: February 14)

Contract Law

Civil Law

Darryl C. Wilson is a professor at StetsonUniversity College of Law and is the casenotes editor of the American andCaribbean Law News.

Continued from previous page

aspects ofinternational lawsince it was a realproblem facing a realclient.

of the concerns of everyonewho lives in the region, isclimate change. It threatensmany Caribbean nations,whether it be through a risein sea levels, the increasedfrequency of tropicalstorms and hurricanes, orthe growing reluctance ofinsurers to provide thecover needed for industry ingeneral and tourism inparticular to continue.

Despite this, the regioncontinues to take its climatefor granted and has notgiven the issue the highpolicy perspective itdeserves. After its people,it is climate that is theCaribbean’s most importantresource, supporting almostevery aspect of the regionaleconomy. Beaches, coastalecosystems, the region’sflora and fauna are allvulnerable to a process thatis being driven for the mostpart by industries innations beyond the region.

The implication is thatthe Caribbean needs toconsider exploring the waysin which all small statesintroduce the issue of globalwarming into their regulardialogue with Europe, theU.S. and others. Morespecifically it argues for fargreater importance beinggiven in all bilateral andmultilateral exchanges onpolitical and economicissues to the impact thatcarbon emissions from the

will affect economic andsocial policy in relation tohousing, transport, healthcare and a range of otherissues that impact onboth the domesticpopulation and visitorsalike.

Security in the contextof tourism should also bea central political issue.Whether it is increasinglevels of crime, terrorism,or the safety of all at thetime of the Cricket WorldCup, a secureenvironment and aprospering tourism sectorare symbiotic.

In all of this theregion’s hoteliers are farfrom blameless. For toolong, some of theirnumber have wished toignore the policyenvironment within whichthey operate. However,this is changing.

In developing earlierthis year a singleCaribbean position ontourism, the CaribbeanTourism Organisation(CTO) and the CaribbeanHotels Association(CHA) have recognizedthe key role they have toplay.

The recent decisiontaken by the twoorganizations to burypast differences and tosign a joint accord marks avital step in the directionof the region having a

world's developed andadvanced economies arehaving on the futureeconomic viability of theregion’s premier industry,tourism.

ACCESSIBLE DEBATEAlso missing is any

accessible debate ontourism in servicesnegotiations in Geneva andan explanation about howthese issues might affect theeveryday lives of thehundreds of thousands whowork in the industry fromchefs to taxi drivers and barowners. While theCaribbean RegionalNegotiating Machinery hasbeen working on technicalposition papers on services,there is a striking lack ofpublic rhetoric in the regionor in Europe about how thetourism sector's interestsare to be defended orpromoted. It is almostimpossible to find anypublic reference to tourismin the context of anEconomic PartnershipAgreement with Europe, theDoha Development Roundor in the Caribbean’sbroader politicalrelationships withdeveloped or advancednations.

A higher public profile ontourism would also offerthe opportunity for theregion to change the natureof the development dialogueby making it clear thatincreased tourism demand

Caribbean Economic Stability Under Threatsingle position ontourism.

The agreement signedbetween the CHA and theCTO recognizes that thetourism industry in theCaribbean functions bestwhen both the private andpublic sectors worktoward a common set ofgoals, despite there beingdifferences in style andfocus between the two.

More importantly theagreement, which hasbeen endorsed byCaribbean tourismministers for CTO and forCHA by all leadingprivate sector entities inthe Caribbean hospitalitysector, proposes in partthe establishment of ajoint Annual CaribbeanTourism Summit to bringthe needs of Caribbeantourism to the attentionof the leaders of theCaribbean. It alsosuggests whereappropriate, that there beregular exchanges betweenthe two organizations onpolicy issues and whereappropriate coordinatedadvocacy by the twobodies in Europe and theUnited States.

SUCCESS OFTOURISM

A recent study for theEuropean Centre forDevelopment PolicyManagement pointed outthat success of tourism inthe Caribbean, in general,

has not been a plannedachievement or as a resultof a strategic option. In amajority of the Caribbeancountries and its states,tourism has emergedaccidentally as aneconomic saviour whenthe traditional agro-export sector failed toretain its position in theglobal market place.

This approach has toend if the industry that isnow vital to the region’seconomic survival is to besustainable.

Caribbean nations,with the help andsupport of CHA andCTO and otherrepresentative bodiesfrom the services sector,need to ensure that all ofthose who have to speakon behalf of the region’sinterests are well briefedand fluent in the concernsof their sector andtourism in particular.Otherwise what littlecompetitive advantagethat the region has will belost rapidly to those whohave understood that therhetoric and theinternational rules of thegame have changed.

David Jessop is thedirector of the CaribbeanCouncil and can becontacted [email protected]

Continued from page 12

A: I participated inthe clinic in theSpring of 2005.Q: What topic didyou research?A: The effect of the2000 Financial Lawsof the Bahamas on

By Timothy Frantz,StudentFlorida CoastalSchool of Law

Q: What year did youparticipate in theClinic?

Q & A About the Caribbean Law Clinic Organized by Member Schools

the issues of bankingsecrecy and attorneyclient privilege.Q: Who did youpresent your findingsto?A: Attorney GeneralAlfred Sears

Q: How do you thinkyour clinic experienceimpacted your legaleducation?A: It was a greatexperience whichtaught me a great dealabout the practical

Commentary

conference participants who gave theconference excellent reviews. Mediacoverage was thorough. Due to thesuccess of this first conference, theACLI will hold its second lawconference in Nassau, Bahamas withthe Eugene Dupuch Law School fromJuly 6 - 8, 2005. All are welcome toattend and if you are interested inpresenting, please contact ProfessorJane Cross [email protected]

Publications – The ACLI haspublished its work in a variety ofvenues. The law reviews of the ACLImember law schools have publishedspeeches and articles written byattorney generals, deans andprofessors of the member lawschools. Papers presented at the2004 ACLI Law Conference werepublished in both U.S. and Caribbeanlaw journals. Law journals havealready committed to publishing thepapers from the 2005 ACLI LawConference.

This is the inaugural issue of theAmerican & Caribbean Law News,the newsletter of the ACLI. Thisnewsletter is designed to achieveseveral goals, including keeping themembership informed of ACLIevents, informing members of recentdevelopments in Caribbean law, andprovide a forum for members toanalyze legal issues and eventsaffecting the Caribbean.

Dual Licensure -- The ACLI iscurrently finalizing a proposal thatwill create a dual degree programbetween U.S. and CommonwealthCaribbean law schools which willprovide dual licensure for itsgraduates.

President's ColumnACLI: Ready for the Next EvolutionContinued from page 2

Faculty Exchange – The ACLI hascreated a Faculty Exchange Pool inwhich faculty members can teach at anACLI member school for a year,semester, or a shorter time period as away to enrich their teaching experience.

Consulting – The ACLI board,realizing the cumulative expertise of itsmembers, has entered into consultingcontracts with international institutionsworking in the Caribbean. This areacould expand substantially withincreased membership.

Membership -- Although law schoolsstarted the ACLI, from its inception theACLI anticipated growing beyond lawschools and law faculties to include lawfirms, businesses, NGOs, and individualmembers as well as expanding beyondthe English speaking Caribbean to theSpanish, French and Dutch speakingCaribbean.

This year the ACLI board adopted amembership policy to implement thisoriginal design and created the followingfour classes of members: law school andlaw faculty members (called educationalinstitution members), law firm andbusiness members, non-governmentalorganization members, and individualmembers. The synergies of all theseindividuals and groups have tremendouspotential for helping the ACLI achieveits mission. I hope the ACLI’s missionresonates with you and if so, that youwill consider joining. Enclosed is amembership application form. To learnmore about the ACLI, see its website atwww.FCSL.edu/acli/

John C. Knechtle is a professor anddirector of International Programs atFlorida Coastal School of Law. He isalso the president of ACLI.

OECS Seeks ACLI Expertise to Implement Biodiversity Conventionscontinued from page 1benefits under them,and to make thelegislative andinstitutional changesthey require. Clusteringof MEAs is a way toefficiently promotecompliance with theagreements in a manner

that ensurescoordination andconsistency.

Thus at a 2003UNEP Workshop inKingston, Jamaica, theOECS and other smallisland developing states(SIDS) identified the

need to cluster theirMEA commitments intoa single coherent law.They chose to focus onbiodiversity firstbecause of itsimportance to theireconomies throughtourism, fishing, andother activities.

Member states ofOECS have adopted oneor more of the followingsix biodiversityconventions:Convention ofBiological Diversity(CBD), the Conventionon Wetlands ofInternationalImportance Especiallyas Waterfowl Habitat(Ramsar), the SpeciallyProtected Areas andWildlife (SPAW)Protocol to theCartagena Convention,the World HeritageConvention (WHC), theConvention onInternational Trade inEndangered Species(CITES) and theConvention onMigratory Species(CMS). However, themember states have notimplemented them asrequired by theconventions.

The ACLI, workingthrough faculty andstudents at NormanManley Law School andFlorida Coastal Schoolof Law worked withMs. Judy Daniels, aconsultant in Atlanta.The first task wasconsolidating the keyelements from the sixbiodiversityconventions that needto be incorporatedwithin nationallegislation.

Under the tutelage ofPrincipal Keith Sobion,Danielle Archer andJudith Carter, studentsin their final year atNorman Manley LawSchool, providedcomments on this firstpiece. For the secondpiece, Tutor NormanDavis from NormanManley Law School andAkilah Anderson, astudent at NormanManley who is also the

Legal Director forJamaica EnvironmentTrust, a Jamaicanenvironmental NGO,commented on theRegional FrameworkBiodiversity Act, as didProfessor JohnKnechtle and FloridaCoastal School of Lawstudent Tim Frantz.Norman, Akilah, Johnand Tim all traveled toSt. Lucia for theNovember 10, 2005OECS’s RegionalWorkshop onHarmonized MEABiodiversityLegislation. At this day-long workshop eachprovision of theRegional FrameworkBiodiversity Act wasdiscussed and a numberof revisions made. Theact has now beenfinalized.

The second phase ofthis UNEP-OECS-ACLI collaboration,which remains to befunded, consists ofdrafting local legislationto implement thisframework act in eachOECS country. Theframework act identifieseach area that needs tobe examined but noweach country needs tosee what it already hasdone, how thatdovetails with therequirements of theMEAs as identified inthe framework act, andthen making thenecessary legislative andinstitutional changes.This will involveexamining not onlylegislation, butadministrativeresponsibilities for eachaspect of the MEAs.

on their respective sets of questions.After the students’ initial meeting, eachgroup staged a mockpresentation for thelaw professors whoattended the CLC.During the evening,the student groupsmet to finalize theirpresentations for thenext morning.

The participatingstudents, professors,principals and deanswere welcomed onFriday, November 18,2005, at the Office ofthe Attorney Generalby Sharon Blackburn,Permanent Secretary to the Ministry ofthe Attorney General and by CarolHernandez, Deputy Solicitor General.Attorney General John Jeremie wasunable to attend due to some last minutecommitments. At the opening of themeeting, John Knechtle, President of theACLI, expressed his appreciation to theOffice of the Attorney General, HughWooding Law School and the CLCparticipants and coordinators.

After the introductions, the threegroups of student presentersprovided half-hour presentations ontheir combined legal research. Beforeeach presentation, all of the groupsincluded a brief introduction toprovide their names and law schoolaffiliations. For each group presenta-tion, three to five students reviewedportions of their research results andanswered any questions from thestaff that was present. After thepresentation, the Office of theAttorney General treated the CLCparticipants to lunch.

In the afternoon following thepresentations, the students werescheduled to visit the Halls of Justiceand the Family Law Courts. Thosevisits were canceled or made briefdue to flooding in the southern portionof Trinidad. As a result, the studentswere able to relax and go shopping by

early afternoon. That evening thestudents went to a local night club,

Zen, to celebrate their well-receivedpresentations.

On Saturday, November 19, 2005,many of the CLC participants tooka bus tour to Central and SouthTrinidad. The tour’s first stop wasthe Pointe-A-Pierre Wild FowlTrust which houses a wildlifereserve with two lakes and onroughly 25 hectares of land within a

major petrochemical complex(PETROTRIN). The group next

Caribbean Law Clinic at Hugh Wooding Law SchoolThe Clinic Was Held on November 17-18, 2005Continued from Page 1ployed fictional names for the parties andthe jurisdictions involved. The first set ofquestions concerned the seizure of vehiclesthat were improperly registered in the Stateof Timberland and were imported from and

possibly stolen in the State of Oceania. Thesecond set of issues addressed access bydisabled persons to the Chambers ofIntegrity and the exclusion of disabled

persons from jury service in the twin-islandRepublic of Utopia and Osigiliath. The finalset of issues explored the use of the Crossof Ashanti as a national award and whetherits use was subject to or in contravention ofthe Constitution of the State of Ashanti.

To prepare for their presentations at theAttorney General’s Office, the studentsgathered in groups based on the questionsthey had researched, discussed theirresearch, and prepared a joint presentation

Feature

CLC students prepare to present to members ofthe Attorney General's staff in Trinidad andTobago.

Continued on next page

CLC participants from Stetson UniversityCollege of Law flank Tutor, ElsworthJohnson, from Eugene Dupuch Law School.

CLC participants outside of theTrinidad and Tobago Hall of Justice.

CLC students include: first row, from left: Wilnar Paul(Stetson), Gail Mitchell (Norman Manley), Mary Teruya(FCSL). Back row, from left: Renard Penn (EugeneDepuch), Joel Edmond (Hugh Wooding), Westmin James(Hugh Wooding), Jincey Lumpkin (FCSL).

In the past three years, I have moved housethree times, started two new jobs, and workedup 10 new course preparations (Property II,

Civil Procedure I & II, Business Organizations I &II, Evidence, Criminal Law, Criminal Procedure,Advanced Criminal Procedure, and Federal Courts).I have published in the area of International Law(use of force). But I was in a rut.

I just didn’t know it – until I got involved in theCaribbean Law Clinic.

It was a last minute thing. In October, mycolleague John Knechtle asked me to accompanyhim and work with this semester’s group ofstudents. I was working hard, teaching an overload.The way I thought about whether to go, and myacceptance, was that I could “see no reason not togo.” (Really, I’m not usually like that!)

John got me a copy of the issues the studentswere working on. His enthusiasm started rubbing offon me, and then I started working with two of thethree pairs of students involved here at FCSL. Theirenthusiasm and diligence energized me. The issues,assigned by the Attorney General of Trinidad andTobago, were vibrant and interesting.

What intrigued me most was learning about theTrinidad and Tobago legal system, and the legalsystems of Caribbean countries. The courts look farand wide outside of their own precedents and seewhat they can learn from other countries’ courts.This is a far cry from U.S. courts’ practice! Asmany readers know, some U.S. judges are downrighthostile to U.S. courts using foreign law. It’s ourloss.

Getting Out of a Rut in T&T

By Brian J. Foley, Asst. Prof. Florida CoastalIn Port of Spain, I joined the other professors in

helping students prepare for their presentations to theAttorney General on Friday. It was fun to see thedifferent styles and hear the different concerns. Itwas wonderful to see the students presentationsslowly sharpen during the afternoon; they wereexcellent the next day at the AG’s office. The new-to-me atmosphere of Trinidad and Tobago was full oflife. As we rode in from the airport, people in passingautomobiles honking and waving the T&T flag fromtheir cars and out their windows. What exuberance,what love of country! I thought. (I also thought I’d found a country morenationalistic than my own.) Of course, we learned later that people werecelebrating T&T’s soccer victory over Bahrain, a victory that earned T&T a2006 World Cup berth. That said, first impressions last forever. Trinidad andTobago is one of the rare places where people of different races and religions livein harmony. On our last full day, we went on an excursion to a wild fowlpreserve, where our tour guide painted my stripes on my face with a red-staining plant, in the style of T&T’s first inhabitants. Later that day, I walkedthrough a Hindu funeral, where two bodies burned, on separate pyres, theplumes of smoke rising up and arching out to sea. I don’t think my face paintstruck anybody as anything other than culturally diverse. (At least no onekicked me out, which is, I admit, a weak standard.)

Last but not least, the trip helped me write my Advanced Criminal Procedurefinal – it was delivered outside my hotel room door: the newspapers wereaddressing the discussions in Parliament about criminal law reforms. So thedirections on the exam my students are taking today start off as follows: “TheAttorney General of the Caribbean island nation of Tropican (a fictional name)needs your help. She wants to propose a Crime Bill in Tropican’s Parliamentand would appreciate your comments on these proposals... .” The CaribbeanLaw Clinic dragged me out of a rut, lightened my teaching load, opened my mindto new possibilities, and made me proud of all the law students who partici-pated. I’ve been recommending the Caribbean Law Clinic to all my students.

U.S. Law Professor Feels the Caribbean Rhythms

Brian J. Foley

visited the ShivaMandir Hindu Templein the Sea built bySiewdass Sadhu inWaterloo, Trinidadand restored by thegovernment ofTrinidad and Tobagoin the mid-1990s. Thefinal stop was aHindu temple with a75 foot statute of theHindu God Hanuman.After the tour, theFlorida Coastal lawstudents hosted aBarrister’s Ball for theCLC participants atthe Normandie Hotel.

Much of thesuccess of the CLCwas due to thededicated work offaculty and staff atHugh Wooding LawSchool. As a result,special thanks isowed to PrincipalAnnestine Sealey,Tutor Gerry Alleyne,Registrar KathleenRochford and TutorCheryl JeromeAlexander. Inaddition, ProfessorJane Cross from NovaSoutheasternUniversity LawCenter assisted in the

coordination of theCLC. Other personscontributing to thesuccess of the CLCincluded PrincipalMiriam Samaru, TutorTonya BastianGalanis and TutorElsworth Johnsonfrom Eugene DupuchLaw School; Profes-sor John Knechtleand Professor BrianFoley and FacultyAssistant, ClareRaulerson, fromFlorida CoastalSchool of Law;Principal KeithSobion, Tutor Tammy

Brian, and SecretaryMaureen Lindo fromNorman Manley LawSchool; ProfessorCarol Aina (visitingfrom Norman ManleyLaw School) fromNova SoutheasternUniversity LawCenter; Dean JohnCooper and ProfessorDarryl Wilson fromStetson UniversityCollege of Law; andDirector MitchellDavies of CaymanIslands Law School.Students attendedfrom all of the

Caribbean Law Clinic at Hugh Wooding Law SchoolThe Clinic Was Held on November 17-18, 2005

Continued from Page 9

Feature

schools mentionedabove except CaymanIslands Law School,which recently joinedACLI.







Name or Contact Person (for billing) Title

Organization or Company Name

Mailing Address

City State Postal Code Province

Country E-mail

Office Phone Other Phone Fax

ACLI MEMBERSHIP APPLICATION

Individual

Total Enclosed US$ Signature

Complete this order form and return it with your payment to ACLI Member Services, Attn.: Prof. John Knechtle, 7555 BeachBoulevard, Jacksonville, Florida. Phone: (904) 680-7700; Fax: (904) 680-7771. Payment may be made by check drawn on a U.S bankor money order in U.S. funds.

*My organization or company would like to have ACLI send an invoice for this membership application and the appropriate contact information is filled in below.

Membership Benefits

US Law Firms and Businesses $3,000 $2,000 $1,500 $1,000

Caribbean Law Firms and Businesses $ 500 $ 400 $ 300 $ 200

Platinum Gold Silver Bronze

Non-Governmental Organization $250

Individual Members $ 50

Membership Fees

Platinum. Receives ACLI publications; eligible to present papers at annual conferences and seminars; opportunity toserve on select ACLI committees, sponsor annual conference panels and events at reduced rates, and advertise in ACLIpublications at reduced rates; featured recognition at non-conference events; advance tickets to local ACLI events; earlybird registration discounts for members of your business.

Gold. Receives ACLI publications; opportunity to sponsor annual conference panels and events at reduced rates, andadvertise in ACLI publications; member discount on meeting registrations.

Silver. Receives ACLI Newsletter; opportunity to sponsor annual conference panels and events and advertise in ACLIpublications; limited discount on meeting registrations.

Bronze. Receives ACLI Newsletter; limited discount on meeting registrations.

Individual Members. Receives ACLI Newsletter; invitations to select ACLI events.

Non-Governmental Organization. Receives ACLI Newsletter; correspondence onprojects and initiatives requiring assistance throughout the Caribbean as applicable.

For Office Use Only

*Law Firm or Business*Non-Governmental Organization or Not-for-profit Entity

Caribbean Economic Stability Under Threat

The American andCaribbean Law Initiative

7555 Beach Blvd.Jacksonville, FL 32216

www.fcsl.edu/acli/

OECS leaders want Venezuela to stop activityon Bird RockCASTRIES, Saint Lucia - The Organization ofEastern Caribbean States (OECS) says it is“particularly concerned” over the recent increase inactivity on “Bird Rock", situated within theterritorial waters of two of its member states and thesubject of a long-standing claim by Venezuela.

BANANAS - Envoy says latest WTO rulingbrings more uncertainties for banana sectorBRUSSELS - The Windward Islands Special Envoyon Bananas, Edwin Laurent, says the recent WorldTrade Organization (WTO) ruling against theEuropean Commission proposed banana importtariff could lead to the possible collapse of theindustry in the islands.

ELECTIONS - Saint Vincent opposition partycritical of voter registration processKINGSTOWN, Saint Vincent- The main oppositionNew Democratic Party (NDP) said it had written tothe Supervisor of Elections, Rodney Adams,condemning the registration of voters in privatehomes in East Kingstown.

HUGE AMOUNTS of Caribbeantime and political capital are beingspent on the fight to obtain bettertransitional arrangements for theregion’s sugar and banana producers.

Despite this, there is now aninevitability about the associatedprocess of change and within arelatively short period the last vestigeof trade preference will be swept away.

It is a development that will requireCaribbean governments and Europe topay close attention to the successfuldelivery of a measured transition awayfrom traditional agriculture and, just asimportantly, to fostering newerindustries and diversify their scope.Without this it is hard to see how inthe longer-term the region’s social andeconomic stability can be retained, andsustain the positive perceptionsnecessary for the services sector tothrive.

In this there is still a long way to go.The Caribbean is singularly unprepared

News from the RegionPolitical and Economic Developments

By David Jessop, Special to the ACLI News

for changing the nature of its dialoguewith Europe and others. The enduringpolitical focus is on exportagriculture. Familiarity, very oftenbased on personal background and alanguage with which many ministersand officials feel comfortable,continues to divert much of thepublic sector from rethinking how tobroaden the region's internationalobjectives in a way that embraces thechallenges facing the services sector.

CLIMATE CHANGEAs a consequence, close enough

attention is not being paid to thepolicy issues that impact on tourism,the sector that now underwritesalmost every regional economy.

This is manifested in the absenceof any sustained political discussionin the region, in Brussels or Geneva,or within the ACP group on issuesthat affect tourism.

Paramount among the big issuesaffecting the industry to say nothing

INSIDE:

OECS Seeks ACLI Expertiseon Biodiversity Convention....1

ACLI Case Notes...................5

Caribbean Law Clinic: AProfessor's Point of View......10

ACLI MembershipForm....................................11

Join the ACLI today: Membership Form Enclosed!

Commentary

continued on page 7

Don't Miss ACLI Summer Law ConferenceNassau, Bahamas, July 6-8 2006!

Theme:Legal Aid and Trade: Tools for Economic

Development and Independence







news and information from the american and …...houston, tx— the thurgood marshallschool of law...

Documents