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Caribbean Integration Law$
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David S. Berry

Print publication date: 2014

Print ISBN-13: 9780199670079

Published to Oxford Scholarship Online: April 2014

DOI: 10.1093/acprof:oso/9780199670079.001.0001

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The Creation, Implementation, and Enforcement of Legal Obligations

The Creation, Implementation, and Enforcement of Legal Obligations

Chapter:
(p.135) 6 The Creation, Implementation, and Enforcement of Legal Obligations
Source:
Caribbean Integration Law
Author(s):

David S Berry

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199670079.003.0006

Chapter 6 closely examines the decision-making processes of the organs of CARICOM and the OECS, identifying the requirements for procedural and substantive validity. It traces the development of a legal obligation, from its creation, to ratification or acceptance, to achievement of a binding status as a matter of international law and Community law (through the general undertaking provisions). It highlights the potential of direct effect in OECS law and examines both the exclusive and shared legislative competences accorded to OECS organs. It examines at some of the limitations, exceptions, and justifications for non-compliance with obligations set out in both the RTC and RTB. Treaty-wide security and general exceptions in the RTC are contrasted with the more limited exceptions set out in the OECS Protocol. Finally, it looks at the common law and treaty-based challenges to implementation of international obligations in domestic law, highlighting examples of non-, incomplete, and inadequate transformation.

Keywords:   procedural validity, substantive validity, general undertaking, direct effect, exclusive competence, shared competence, non-compliance, exceptions, transformation

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