[...] The Domestic Effects of International Law in the Commonwealth Caribbean
| Author | Andrew Welch |
The History of International Law in the Caribbean and the
Domestic Effects of International Law in the
Commonwealth Caribbean
Andrew Welch*
I. INTRODUCTION
The Caribbean has a rich history.1 The languages and dialects, the racial
makeup of the different islands and the legal systems present in the region are a
few examples of the outcome of history in the region. This Article seeks to
analyse the international legal history that resulted in the reception of English
law into the Commonwealth Caribbean. In making its analysis, the Article will
highlight the following themes: the role of international law in the initial
colonisation of the Caribbean islands; the arguments used to debase the
sovereignty of the first Caribbean islanders; and the effect of the involvement of
international law in the history of the region upon the legal systems of the
Commonwealth Caribbean. It will argue that international law played an
under-researched role in the initial development of the history and the legal
systems of the Caribbean islands. This role is only highlighted by using a
multidisciplinary approach that relies on history and internat ional law
scholarship to locate the position of international law in the history of the
Caribbean.2
The Article begins with an investigation of the role of international law through
international action in the pre-colonisation years and the initial colonisat ion of
the Caribbean islands. Then it critiques the legal rhetoric and the application of
* Andrew Laurence Welch studied for a Bachelor of Laws (LL.B) at the University of the West
Indies and for a Legal Education Certificate (L.E.C.) at the Sir Hugh Wooding Law School
before studying for a Master of Laws (LL.M.) in International Law at SOAS, University of
London between 2013-2014.
1 The word ‘Caribbean’ has many different connotations. The focus of this Article shall be the
islands of the Caribbean Sea, excluding the continental territories, with a special focus on the
Commonwealth Caribbean. The Commonwealth Caribbean is used to describe the English-
speaki ng islands of th e Caribbean th at were colo nies of England.
2 For a disc ussion of linkag es between history and international law, see Matt hew Craven,
‘Introduction: International Law and its Histories’ in Matthew Craven, Malgosia Fitzmaurice and
Maria Vogiatzi (eds), Time, History and International Law (Martinus Nijh off Publishers 2007).
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