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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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General Principles of Law and Other Foundational Legal Concepts Potentially Arising in CARICOM and the OECS

General Principles of Law and Other Foundational Legal Concepts Potentially Arising in CARICOM and the OECS

Chapter:
(p.188) 8 General Principles of Law and Other Foundational Legal Concepts Potentially Arising in CARICOM and the OECS
Source:
Caribbean Integration Law
Author(s):

David S Berry

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199670079.003.0008

Chapter 8 scrutinizes some of the general principles and other foundational legal concepts which exist in or may be derived from the RTC and RTB, including: conferral (attributed competence), direct applicability, direct effect, indirect effect, supremacy, pre-emption, state liability, non-discrimination, most favoured nation treatment, cooperation, consultation, human rights, the need for reasons, and proportionality. It examines the role of direct effect in shaping EU law and suggests a similar potential in both CARICOM and the OECS if the general principle is fully implemented in those legal systems. It examines the more limited scope for indirect effect in the Caribbean, especially in light of the rules related to unincorporated treaties in common law legal systems. It highlights the key potentials of the general principles of state liability, human rights, and proportionality to Caribbean regional integration.

Keywords:   general principles, conferral, direct applicability, direct effect, indirect effect, supremacy, pre-emption, state liability, non-discrimination, human rights

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