Last week, we brought you extensive coverage of the trade lawsuit before the Caribbean Court of Justice which the Belize Government brought against the Government of Trinidad and Tobago over the Caribbean Single Market.
In a claim under the CCJ's original jurisdiction, Belize has accused Trinidad and Tobago of violating the Revised Treaty of Chaguaramas. The specific complaint is that Trinidad allowed brown sugar to be imported into their borders from non-CARICOM countries, without applying the required 40% Common External Tariff. Belize further alleged that because of the failure to charge this tariff, Belizean sugar was being locked out of Trinidad's marketplace.
As we showed you, Belize attempted to convince the panel of CCJ judges that they have sufficiently proven this violation. In response, Trinidad and Tobago has insisted that the claimants have not provided adequate evidence to support these alleged trade violations. Well, last Friday, in an article on the case, the Trinidadian Newspaper, Newsday, reported that Belize's attorney, E. Andrew Marshalleck, has informed the court that Belize no longer wants to pursue a claim for damages against Trinidad for these alleged trade violations.
It's a notable concession, and last Thursday, during Marshalleck's address to the court on closing arguments, one of the CCJ judges asked him to clarify what Belize is hoping to achieve with the outcome of this case. Here's that moment during the second day of this court case:
Hon. Winston Anderson - CCJ Judge
"Mr. Marshalleck, I cannot help but remark upon the fact that you are presiding over a case which is rapidly dwindling before our eyes. It started out in quite some expanse, and has come down now to what I gather you're asking for - right now is a simple declaration. So, I want to ask you about the declaration. I also want to ask you a question about another claim you have abandoned, damages. But in relation to the declaration first of all, if all that you are now asking for is a declaration that the defendant failed to impose the CET, would that objective not also be satisfied by appropriately worded statements by this court? Would that not satisfy you?"
E. Andrew Marshalleck, SC - Attorney for Belize
"It could. It could."
Hon. Winston Anderson
"You're holding on to the very last vestige of the case, that is to say, the declaration, you're not giving that up."
E. Andrew Marshalleck, SC
"At the end of the day, we want to see the market function as it was intended to. And if that can be achieved by that type of guidance being given in clear enough and strong enough terms, then that's fine."
In a press release sent last night, the Sugar Association of the Caribbean said quote, "The... Association… commends the Government of Belize for taking action in the… (CCJ) against alleged non-application of the Common External Tariff (CET) on brown sugar entering Trinidad and Tobago from extra-regional sources…
Commenting on Belize's decision not to press for compensation for the lost opportunity in the regional market, SAC Chairman R. Karl James said, 'This case was not primarily about compensation. It is about ensuring that protections set out in the Treaty, and reinforced by numerous decisions of COTED, are abided by. Otherwise, the CSME would have very little relative value for any of its members.'" End quote.
