Consolidating Supranational Authority: A Commentary on the Caribbean Court of Justice's Decisions in the Tomlinson Cases

Forthcoming in 110 American Journal of International Law n.3, July 2016

iCourts Working Paper Series No. 76

12 Pages Posted: 21 Oct 2016

See all articles by Salvatore Caserta

Salvatore Caserta

University of Copenhagen - iCourts - Centre of Excellence for International Courts

Mikael Madsen

University of Copenhagen - iCourts - Centre of Excellence for International Courts; University of Copenhagen - Faculty of Law

Date Written: October 20, 2016

Abstract

This article is a commentary on two of the latest decisions of the Caribbean Court of Justice (CCJ), Tomlinson v. Belize, and Tomlinson v. Trinidad and Tobago. In these two cases, the CCJ was called to rule over the legality under the Treaty of Chaguaramas of the Immigration Acts of Belize and Trinidad and Tobago, both of which contain express provisions banning the entry of homosexuals into those two countries. The CCJ rejected the two cases by claiming that the two Immigration Acts had in fact not been applied by Belize and Trinidad and Tobago. At the same time, the Court ruled that CARICOM law requires member states to admit homosexuals from other CARICOM states, and that Belize and Trinidad and Tobago may therefore not indefinitely retain legislation that appears to conflict with their obligations under Community law. In these two cases, the CCJ also touched upon important legal issues, such as freedom of movement in the CARICOM and indirect and direct effect of Community Law. We argue that these two rulings are important new step for the CCJ with regard to consolidating its position as an authoritative supranational court.

Keywords: Caribbean Community, Revised Treaty of Chaguaramas, Freedom of Movement Un-Der Community Law, Indirect and Direct Effect of International Law, LGBT Rights

Suggested Citation

Caserta, Salvatore and Madsen, Mikael, Consolidating Supranational Authority: A Commentary on the Caribbean Court of Justice's Decisions in the Tomlinson Cases (October 20, 2016). Forthcoming in 110 American Journal of International Law n.3, July 2016; iCourts Working Paper Series No. 76. Available at SSRN: https://ssrn.com/abstract=2856227 or http://dx.doi.org/10.2139/ssrn.2856227

Salvatore Caserta

University of Copenhagen - iCourts - Centre of Excellence for International Courts ( email )

Studiestraede 6
Copenhagen, DK-1455
Denmark

Mikael Madsen (Contact Author)

University of Copenhagen - iCourts - Centre of Excellence for International Courts ( email )

University of Copenhagen - Faculty of Law ( email )

Studiestraede 6
Studiestrade 6
Copenhagen, DK-1455
Denmark

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