TY - JOUR

T1 - Tomlinson v. Belize; Tomlinson v. Trinidad and Tobago

AU - Caserta, Salvatore

AU - Madsen, Mikael Rask

PY - 2016/7

Y1 - 2016/7

N2 - 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 steps for the CCJ with regard to consolidating its position as an authoritative supranational court.

AB - 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 steps for the CCJ with regard to consolidating its position as an authoritative supranational court.

U2 - 10.1017/S0002930000016948

DO - 10.1017/S0002930000016948

M3 - Journal article

VL - 110

SP - 533

EP - 540

JO - American Journal of International Law

JF - American Journal of International Law

SN - 0002-9300

IS - 3

ER -