Tomlinson v. Belize; Tomlinson v. Trinidad and Tobago

Bibliographic Data

ID9554688
AuthorsSalvatore Caserta (0000-0002-6279-2280, University of Copenhagen, corresponding author), Mikael Rask Madsen (0000-0002-1473-6727, University of Copenhagen)
Year2016
Volume110
Issue3
Pages533-540
Publication date2016-07-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueAmerican Journal of International Law (JOURNAL)
Journal identifiersISSN: 0002-9300 • E-ISSN: 2161-7953
PublisherCambridge University Press (CUP) (PUBLISHER)
DOI10.1017/s0002930000016948
OpenAlexW2580246403
LanguageEN
Citations received2
References cited1

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

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