Jason Haynes | University of the West Indies- Cave Hill (Barbados) (original) (raw)
Papers by Jason Haynes
International and Comparative Law Quarterly
This article argues that although most Caribbean States have in the last 60 years ascended to sta... more This article argues that although most Caribbean States have in the last 60 years ascended to statehood, colonialism continues to exist in new and variable forms. It relies upon the concept of ‘coloniality’ as advanced by Schneiderman to contend that the international investment law regime, whose history and evolution is rooted in colonialism, relentlessly pursues the economic interests of foreign investors and capital-exporting countries. It draws important connections between historic colonialism and the contemporary regime for the protection of foreign direct investment by situating the Caribbean's experience in the light of the rationales, tropes and methods arising in the past which endure in investment law's domains, as advanced by Schneiderman in his new book, Investment Law's Alibis, namely (a) profitability and privilege; (b) a discourse of improvement; (c) distrust of local self-rule; and (d) construction of legal enclaves. It is argued that each of these featu...
The International Sports Law Journal
Sport is a microcosm of society. In this connection, in as much as there are reasons to celebrate... more Sport is a microcosm of society. In this connection, in as much as there are reasons to celebrate individual athletic prowess and the undeniable contribution of sport to the maturation of communities, sport, like the broader society, contends with many ills, not least sexual violence. Although various sporting organizations and governments have, in the last 2 decades, adopted legislative instruments and Codes of Ethics and established various institutional mechanisms to combat the scourge of sexual violence, sport remains a hot bed for sexual violence, intimidation, reprisals and indignity in many jurisdictions. This article accordingly interrogates, from a Feminist Perspective, recently decided cases to illustrate how sexual violence committed against women and girls in the sporting context reflects a broader deeply entrenched system of patriarchy, characterized by a culture of silence, indifference, and abuse of authority. It concludes by calling on all concerned in the governance...
The Oxford Handbook of Caribbean Constitutions
This chapter aims to provide an authoritative account of Guyana’s intriguing constitutional histo... more This chapter aims to provide an authoritative account of Guyana’s intriguing constitutional history and modern constitutional landscape. It provides a unique analysis of Guyana’s constitutional antecedents, and presents a critical narrative of the nuanced features of its socialist constitution. More particularly, the chapter demonstrates how the exceptional powers of the Executive President and the uneasy relationship between the Legislature and the Executive have dominated Guyana’s recent constitutional affairs, and the impact that these developments have had on democratic accountability in that country. It also critically addresses the human rights dimensions of Guyana’s constitutional landscape, and, argues that there exists a piecemeal approach to the protection of some of the more contested constitutional rights in Guyana. Ultimately, the chapter contends that the while Guyana holds a unique place in regional constitutionalism, given its distinct constitutional antecedents and ...
ICSID Review - Foreign Investment Law Journal
This article engages in an empirical assessment of the 55 Bilateral Investment Treaties (BITs) th... more This article engages in an empirical assessment of the 55 Bilateral Investment Treaties (BITs) that, to date, have been concluded by 12 Caribbean countries, in order to determine the extent to which, in light of extant arbitral practice, there is a need for reform of the BIT landscape in the region. The article makes the central argument that although most Caribbean countries are capital-importing jurisdictions that are vulnerable to external shocks, including a multiplicity of claims brought by foreign investors, Caribbean governments have been slow to make changes to most regional BITs, many of which contain glaring weaknesses, and the majority of which were concluded more than two decades ago. It contends that, having regard to extant arbitral jurisprudence, which interprets various provisions of BITs in a manner that is often contradictory and even hostile to the interests of developing States, the time is ripe for reform of the regional BIT landscape. The article adopts a compa...
Anti-Trafficking Review
Trafficking in persons is a crime and a human rights violation that affects most states across th... more Trafficking in persons is a crime and a human rights violation that affects most states across the globe, including those in the Commonwealth Caribbean. There- fore, in the last twenty years, governments have rushed to enact anti-trafficking laws with a level of alacrity the international community has never seen before. While the enactment of these laws is both necessary and desirable, some have pushed the limits of what is constitutionally permissible in a free and democrat- ic society. This article demonstrates that some of the prosecution provisions of anti-trafficking norms enacted by Caribbean governments have encroached or threaten to encroach upon the constitutional rights of accused persons. It concludes that unconstitutional provisions of regional anti-trafficking laws need to be addressed by regional governments as a matter of urgency, as they can potentially be challenged by traffickers with the result being that, if successfully challenged, traffickers may escape liabil...
The International Sports Law Journal
Judicial review is the procedure by which municipal courts intervene in the affairs of public bod... more Judicial review is the procedure by which municipal courts intervene in the affairs of public bodies to review the process by which they have arrived at decisions which adversely affect their constituents. In this connection, the decisions of public bodies may be challenged on the basis that they were arrived at in error of law, tainted by error of fact or bias, irrational, disproportionate or in breach of principles of natural justice. Although in some jurisdictions sporting bodies are amenable to judicial review, courts in England and Wales and, indeed, the Commonwealth Caribbean, have been largely consistent in finding that because of their private and largely contractual nature, their decisions are not susceptible to judicial review. This article argues that in light of the recent Court of Appeal decision of Trinidad and Tobago Football Association v FIFA , the death knell has effectively been sounded for the judicial review of sporting bodies, such that the view of Michael Beloff, Tim Kerr and Marie Demetriou in their 2012 book, Sports Law, that ‘it is not clear that the last word has been said on the subject’, has now been put to rest, at least in the Commonwealth Caribbean. Notwithstanding its recognition of the importance of the Court of Appeal’s decision in clarifying the scope of judicial review in sporting cases, this article nonetheless contends that FIFA’s sweeping Statutes, its increasingly frequent installation of Normalization Committees and its imposition of heavily punitive sanctions against allegedly recalcitrant constituent sporting federations represent legal imperialism and supranational exceptionalism.
Social Science Research Network, Jul 26, 2021
Copyright and Moral Rights for the articles on this site are retained by the individual authors a... more Copyright and Moral Rights for the articles on this site are retained by the individual authors and/or other copyright owners. For more information on Open Research Online's data policy on reuse of materials please consult the policies page.
Human trafficking has increasingly been referred to in academic circles as ‘modern slavery’. It t... more Human trafficking has increasingly been referred to in academic circles as ‘modern slavery’. It thrives in conditions of poverty, prejudice, inequality and discrimination, and has a deleterious impact on its victims. Its perpetrators come from all walks of life, and are actively involved in myriad forms of exploitation, which generate billions in profits on an annual basis. Since the passage of the Trafficking Protocol in 2001, there has been a marked increase in anti-trafficking policy and legislation at the international, regional and domestic levels. Notwithstanding this, however, the effectiveness of these measures remains a hotly contentious issue. It is against this backdrop that this thesis has been conceptualised; the overarching aim being to critically assess the existing law and practice on human trafficking at the European and Commonwealth Caribbean levels, and to explore and evaluate possibilities for an enhanced regulatory framework. To achieve this aim, several objecti...
Corporate Law: LLCs, 2013
The existence of multinational enterprise Groups (‘MEGs’) is not a new phenomenon. MEGs are compr... more The existence of multinational enterprise Groups (‘MEGs’) is not a new phenomenon. MEGs are comprised of several independent entities that are integrated under the unitary control of a dominant enterprise, and over time they have become quite prominent in global commerce. In fact, UNCTAD, in its 2011 report, highlighted that MEGs’ production worldwide generated value of approximately $16 trillion in 2010; about a quarter of global GDP. These findings come as no surprise since an MEG’s organization is usually based on endeavors for securing power, optimizing capital management, accessing privileged markets and ultimately, ascertaining fiscal advantages. Nevertheless, despite these laudable advances, whether MEGs are equity or contractually-based, in corporate or insolvency law and in Europe or globally, their operation is not without difficulties. This paper accordingly takes a two-pronged approach toward addressing the various problems associated with the operation of MEGs. Firstly,...
Commonwealth Caribbean Sports Law, 2019
Commonwealth Caribbean Sports Law, 2019
has been at the forefront of public discourse across the Commonwealth Caribbean over the last two... more has been at the forefront of public discourse across the Commonwealth Caribbean over the last two decades. The central contention, in this context, has been that post-independence Commonwealth Caribbean constitutions are not autochthonous, but largely reflect the legacies of British colonial rule and do not support a sufficiently robust conception of democratic governance (McIntosh, 2002). As a consequence of these criticisms several governments, though constrained by limited financial resources, have engaged in intense processes of national constitutional reform. This article will give a brief overview of contemporary processes in four Commonwealth Caribbean countries – namely, St Vincent and the Grenadines (SVG), Jamaica, Trinidad and Tobago, and Grenada.
Entertainment and Sports Law Journal, 2021
Although sport, in its myriad forms, represent a major pillar of Caribbean societies, sports broa... more Although sport, in its myriad forms, represent a major pillar of Caribbean societies, sports broadcasters have suffered tremendous loss over the years as a result of signal piracy. With the increasing recognition of the value of broadcast rights in generating much-needed revenue, and the commensurate increased awareness among broadcasters as to how the law may protect these rights, sports broadcasters in the Caribbean have, in the recent years, become a lot more adversarial in their dealings with infringers of their copyright in broadcasts. This has culminated in a recent decision, Television Jamaica v CVM, in which a Caribbean superior court has, for the first time, delivered a landmark judgment on the scope of copyright protection in sports broadcasts. The decision is timely, well-reasoned and progressive, and address a number of nuanced questions, which previously remained unanswered. By drawing on regional copyright legislation, jurisprudence from other jurisdictions, and the re...
Oxford University Commonwealth Law Journal, 2021
ABSTRACT The Covid-19 pandemic has wreaked havoc on Caribbean countries. These countries have los... more ABSTRACT The Covid-19 pandemic has wreaked havoc on Caribbean countries. These countries have lost billions of dollars in foreign capital. Although the region's peoples are currently being vaccinated, the damage already caused by Covid-19 remains immeasurable and will likely continue for many years. Irrespective of whether vaccination results in herd immunity, Caribbean countries not only face the unenviable challenge of recalibrating their economies post-Covid-19, but also the prospect of being hauled before arbitral tribunals in respect of claims brought by investors alleging breaches of investor protection standards as a result of measures taken in response to the pandemic. To the extent that there is a real risk of claims of this nature arising in future, this article contends that Covid-19, as an unprecedented event, exposes the asymmetrical nature of the international investment regime, and its inability to fully countenance the domestic realities of developing countries that are confronted with existential threats.
Canadian Journal of Law and Society / Revue Canadienne Droit et Société, 2021
In February 2020, the Supreme Court of Canada rendered a decision—Nevsun Resources Ltd. v. Araya,... more In February 2020, the Supreme Court of Canada rendered a decision—Nevsun Resources Ltd. v. Araya, 2020 SCC 5—that can properly be described as revolutionary. In Nevsun, the court found that a Canadian corporation operating in a host state, Eretria, could be liable under Canadian domestic law for human rights abuses committed in Eritrea under customary international law, as incorporated into Canadian domestic law. The decision merits special attention because it is likely to fundamentally change the relationship between foreign investors, host states and the residents of host states adversely affected by investors’ unlawful conduct which amount to modern slavery.
International and Comparative Law Quarterly
This article argues that although most Caribbean States have in the last 60 years ascended to sta... more This article argues that although most Caribbean States have in the last 60 years ascended to statehood, colonialism continues to exist in new and variable forms. It relies upon the concept of ‘coloniality’ as advanced by Schneiderman to contend that the international investment law regime, whose history and evolution is rooted in colonialism, relentlessly pursues the economic interests of foreign investors and capital-exporting countries. It draws important connections between historic colonialism and the contemporary regime for the protection of foreign direct investment by situating the Caribbean's experience in the light of the rationales, tropes and methods arising in the past which endure in investment law's domains, as advanced by Schneiderman in his new book, Investment Law's Alibis, namely (a) profitability and privilege; (b) a discourse of improvement; (c) distrust of local self-rule; and (d) construction of legal enclaves. It is argued that each of these featu...
The International Sports Law Journal
Sport is a microcosm of society. In this connection, in as much as there are reasons to celebrate... more Sport is a microcosm of society. In this connection, in as much as there are reasons to celebrate individual athletic prowess and the undeniable contribution of sport to the maturation of communities, sport, like the broader society, contends with many ills, not least sexual violence. Although various sporting organizations and governments have, in the last 2 decades, adopted legislative instruments and Codes of Ethics and established various institutional mechanisms to combat the scourge of sexual violence, sport remains a hot bed for sexual violence, intimidation, reprisals and indignity in many jurisdictions. This article accordingly interrogates, from a Feminist Perspective, recently decided cases to illustrate how sexual violence committed against women and girls in the sporting context reflects a broader deeply entrenched system of patriarchy, characterized by a culture of silence, indifference, and abuse of authority. It concludes by calling on all concerned in the governance...
The Oxford Handbook of Caribbean Constitutions
This chapter aims to provide an authoritative account of Guyana’s intriguing constitutional histo... more This chapter aims to provide an authoritative account of Guyana’s intriguing constitutional history and modern constitutional landscape. It provides a unique analysis of Guyana’s constitutional antecedents, and presents a critical narrative of the nuanced features of its socialist constitution. More particularly, the chapter demonstrates how the exceptional powers of the Executive President and the uneasy relationship between the Legislature and the Executive have dominated Guyana’s recent constitutional affairs, and the impact that these developments have had on democratic accountability in that country. It also critically addresses the human rights dimensions of Guyana’s constitutional landscape, and, argues that there exists a piecemeal approach to the protection of some of the more contested constitutional rights in Guyana. Ultimately, the chapter contends that the while Guyana holds a unique place in regional constitutionalism, given its distinct constitutional antecedents and ...
ICSID Review - Foreign Investment Law Journal
This article engages in an empirical assessment of the 55 Bilateral Investment Treaties (BITs) th... more This article engages in an empirical assessment of the 55 Bilateral Investment Treaties (BITs) that, to date, have been concluded by 12 Caribbean countries, in order to determine the extent to which, in light of extant arbitral practice, there is a need for reform of the BIT landscape in the region. The article makes the central argument that although most Caribbean countries are capital-importing jurisdictions that are vulnerable to external shocks, including a multiplicity of claims brought by foreign investors, Caribbean governments have been slow to make changes to most regional BITs, many of which contain glaring weaknesses, and the majority of which were concluded more than two decades ago. It contends that, having regard to extant arbitral jurisprudence, which interprets various provisions of BITs in a manner that is often contradictory and even hostile to the interests of developing States, the time is ripe for reform of the regional BIT landscape. The article adopts a compa...
Anti-Trafficking Review
Trafficking in persons is a crime and a human rights violation that affects most states across th... more Trafficking in persons is a crime and a human rights violation that affects most states across the globe, including those in the Commonwealth Caribbean. There- fore, in the last twenty years, governments have rushed to enact anti-trafficking laws with a level of alacrity the international community has never seen before. While the enactment of these laws is both necessary and desirable, some have pushed the limits of what is constitutionally permissible in a free and democrat- ic society. This article demonstrates that some of the prosecution provisions of anti-trafficking norms enacted by Caribbean governments have encroached or threaten to encroach upon the constitutional rights of accused persons. It concludes that unconstitutional provisions of regional anti-trafficking laws need to be addressed by regional governments as a matter of urgency, as they can potentially be challenged by traffickers with the result being that, if successfully challenged, traffickers may escape liabil...
The International Sports Law Journal
Judicial review is the procedure by which municipal courts intervene in the affairs of public bod... more Judicial review is the procedure by which municipal courts intervene in the affairs of public bodies to review the process by which they have arrived at decisions which adversely affect their constituents. In this connection, the decisions of public bodies may be challenged on the basis that they were arrived at in error of law, tainted by error of fact or bias, irrational, disproportionate or in breach of principles of natural justice. Although in some jurisdictions sporting bodies are amenable to judicial review, courts in England and Wales and, indeed, the Commonwealth Caribbean, have been largely consistent in finding that because of their private and largely contractual nature, their decisions are not susceptible to judicial review. This article argues that in light of the recent Court of Appeal decision of Trinidad and Tobago Football Association v FIFA , the death knell has effectively been sounded for the judicial review of sporting bodies, such that the view of Michael Beloff, Tim Kerr and Marie Demetriou in their 2012 book, Sports Law, that ‘it is not clear that the last word has been said on the subject’, has now been put to rest, at least in the Commonwealth Caribbean. Notwithstanding its recognition of the importance of the Court of Appeal’s decision in clarifying the scope of judicial review in sporting cases, this article nonetheless contends that FIFA’s sweeping Statutes, its increasingly frequent installation of Normalization Committees and its imposition of heavily punitive sanctions against allegedly recalcitrant constituent sporting federations represent legal imperialism and supranational exceptionalism.
Social Science Research Network, Jul 26, 2021
Copyright and Moral Rights for the articles on this site are retained by the individual authors a... more Copyright and Moral Rights for the articles on this site are retained by the individual authors and/or other copyright owners. For more information on Open Research Online's data policy on reuse of materials please consult the policies page.
Human trafficking has increasingly been referred to in academic circles as ‘modern slavery’. It t... more Human trafficking has increasingly been referred to in academic circles as ‘modern slavery’. It thrives in conditions of poverty, prejudice, inequality and discrimination, and has a deleterious impact on its victims. Its perpetrators come from all walks of life, and are actively involved in myriad forms of exploitation, which generate billions in profits on an annual basis. Since the passage of the Trafficking Protocol in 2001, there has been a marked increase in anti-trafficking policy and legislation at the international, regional and domestic levels. Notwithstanding this, however, the effectiveness of these measures remains a hotly contentious issue. It is against this backdrop that this thesis has been conceptualised; the overarching aim being to critically assess the existing law and practice on human trafficking at the European and Commonwealth Caribbean levels, and to explore and evaluate possibilities for an enhanced regulatory framework. To achieve this aim, several objecti...
Corporate Law: LLCs, 2013
The existence of multinational enterprise Groups (‘MEGs’) is not a new phenomenon. MEGs are compr... more The existence of multinational enterprise Groups (‘MEGs’) is not a new phenomenon. MEGs are comprised of several independent entities that are integrated under the unitary control of a dominant enterprise, and over time they have become quite prominent in global commerce. In fact, UNCTAD, in its 2011 report, highlighted that MEGs’ production worldwide generated value of approximately $16 trillion in 2010; about a quarter of global GDP. These findings come as no surprise since an MEG’s organization is usually based on endeavors for securing power, optimizing capital management, accessing privileged markets and ultimately, ascertaining fiscal advantages. Nevertheless, despite these laudable advances, whether MEGs are equity or contractually-based, in corporate or insolvency law and in Europe or globally, their operation is not without difficulties. This paper accordingly takes a two-pronged approach toward addressing the various problems associated with the operation of MEGs. Firstly,...
Commonwealth Caribbean Sports Law, 2019
Commonwealth Caribbean Sports Law, 2019
has been at the forefront of public discourse across the Commonwealth Caribbean over the last two... more has been at the forefront of public discourse across the Commonwealth Caribbean over the last two decades. The central contention, in this context, has been that post-independence Commonwealth Caribbean constitutions are not autochthonous, but largely reflect the legacies of British colonial rule and do not support a sufficiently robust conception of democratic governance (McIntosh, 2002). As a consequence of these criticisms several governments, though constrained by limited financial resources, have engaged in intense processes of national constitutional reform. This article will give a brief overview of contemporary processes in four Commonwealth Caribbean countries – namely, St Vincent and the Grenadines (SVG), Jamaica, Trinidad and Tobago, and Grenada.
Entertainment and Sports Law Journal, 2021
Although sport, in its myriad forms, represent a major pillar of Caribbean societies, sports broa... more Although sport, in its myriad forms, represent a major pillar of Caribbean societies, sports broadcasters have suffered tremendous loss over the years as a result of signal piracy. With the increasing recognition of the value of broadcast rights in generating much-needed revenue, and the commensurate increased awareness among broadcasters as to how the law may protect these rights, sports broadcasters in the Caribbean have, in the recent years, become a lot more adversarial in their dealings with infringers of their copyright in broadcasts. This has culminated in a recent decision, Television Jamaica v CVM, in which a Caribbean superior court has, for the first time, delivered a landmark judgment on the scope of copyright protection in sports broadcasts. The decision is timely, well-reasoned and progressive, and address a number of nuanced questions, which previously remained unanswered. By drawing on regional copyright legislation, jurisprudence from other jurisdictions, and the re...
Oxford University Commonwealth Law Journal, 2021
ABSTRACT The Covid-19 pandemic has wreaked havoc on Caribbean countries. These countries have los... more ABSTRACT The Covid-19 pandemic has wreaked havoc on Caribbean countries. These countries have lost billions of dollars in foreign capital. Although the region's peoples are currently being vaccinated, the damage already caused by Covid-19 remains immeasurable and will likely continue for many years. Irrespective of whether vaccination results in herd immunity, Caribbean countries not only face the unenviable challenge of recalibrating their economies post-Covid-19, but also the prospect of being hauled before arbitral tribunals in respect of claims brought by investors alleging breaches of investor protection standards as a result of measures taken in response to the pandemic. To the extent that there is a real risk of claims of this nature arising in future, this article contends that Covid-19, as an unprecedented event, exposes the asymmetrical nature of the international investment regime, and its inability to fully countenance the domestic realities of developing countries that are confronted with existential threats.
Canadian Journal of Law and Society / Revue Canadienne Droit et Société, 2021
In February 2020, the Supreme Court of Canada rendered a decision—Nevsun Resources Ltd. v. Araya,... more In February 2020, the Supreme Court of Canada rendered a decision—Nevsun Resources Ltd. v. Araya, 2020 SCC 5—that can properly be described as revolutionary. In Nevsun, the court found that a Canadian corporation operating in a host state, Eretria, could be liable under Canadian domestic law for human rights abuses committed in Eritrea under customary international law, as incorporated into Canadian domestic law. The decision merits special attention because it is likely to fundamentally change the relationship between foreign investors, host states and the residents of host states adversely affected by investors’ unlawful conduct which amount to modern slavery.