Interpretation of the Meaning of ‘Direct Effect’ in the Revised Treaty of Basseterre

Abstract

Abstract The article utilises the Vienna Convention on the Law of Treaties (VCLT) rules of interpretation to determine the meaning of ‘direct effect’ within the Revised Treaty of Basseterre (RTB). The RTB is the constituent treaty of the Organisation of Eastern Caribbean States (OECS). Despite the RTB having been in force since 2011 there has not been a single contentious case regarding the interpretation of the RTB. While the RTB and the OECS gained some inspiration from the European Union (EU), the Commonwealth Caribbean adheres to the dualist doctrine in the practical relationship between international and domestic law. As such, the meaning of ‘direct effect’ has been the subject of controversy. Therefore, this article shall discern the meaning of ‘direct effect’ within the RTB, including delineating possible practical application. The evaluation shall reveal that the definition is the same, however, due to the Caribbean context the application differs in slight ways.