THE UNIVERSITY OF THE WEST INDIES, MONA

FACULTY OF SOCIAL SCIENCES

LAW, GOVERNANCE, ECONOMY AND SOCIETY IN THE CARIBBEAN
(FOUN 1301)
Semester I 2016/17
Lecturers
Dr. Aieka Smith: Monday 11:00 am to 1:00 pm.- Venue: Interfaculty Lecture Theatre (IFLT)
Ms. Lorraine Patterson: Monday 2: 00 pm- 4:00 p m.-Venue: FSS McIntyre Complex: GLT3
Prof. Stephen Vasciannie: Monday 5:00 pm 7:00 pm- Venue: FST Preclinical Lecture Theatre
Ms. Hazelle Jones: Wednesday 2:00 pm- 4:00 pm- Venue: FST Chemistry Lecture Theatre (C5)
Mr. Glenville Mcleod: Friday 6:00 pm- 8:00 pm- Venue: HUM Neville Hall Lecture Theatre (N1)

Course Coordinator
Mr. Glenville Mcleod
Office: E201 McIntyre Building, Block E
Email: glenvillemcleod@gmail.com
Office hours: Wednesday 4:00 pm-5:00 p.m. & Fridays 4:30 am-5:30 pm

Credits: 3
COURSE DESCRIPTION
This course critically examines important themes in Caribbean societies using interconnected
themes of justice, the protection of human rights, democracy, geography, power, history, and
development in the context a changing world. It will introduce students to some of the major
institutions in Caribbean society. The course attempts to address the range of historical and
contemporary social, economic, legal, and political forces that continue to shape the evolution of

the Caribbean region. It sheds light on these issues using international and domestic law. In
addition, it discusses some of the main challenges faced by Caribbean territories to ascertain
whether globalization has compounded the level of vulnerability of these states .The course is
multi-disciplinary and is a foundation course for non-Social Sciences students (with the
exception of Social Work (Special) students).

OBJECTIVES
This course examines four fundamental areas, which are law, governance, economy, and society.
These issue areas have generated varied concerns among individuals in the wider Caribbean
context and on a global platform. The aforementioned areas, in many ways, dictate how society
is structured and operated. Students are encouraged to formulate a position on these issues.
-

Students should, upon completing the course, have an understanding of the political
system, legal framework and economic dynamics which have shaped Caribbean states
and their relationship which each other and with developed countries.

Students should be able to explain the issues in the Privy Council/Caribbean Court of
Justice debate.

In view of the regions resources and structural capabilities, students should be able to
explain the main economic and social rights and how such rights are viewed/upheld by
developing countries.

In evaluating the major themes in the course, students should be able to identify the
sources of both domestic and international law in the form of constitutions, legislation,
customs, common law and respective treaties.

Students should also be able to assess the issues that accompany the debate on
fundamental rights and freedoms. To this end, they should be able to discuss controversial
issues such as the right to life, abortion and the death penalty.

Students should be able to make judgments about the overarching problems such as
corruption, crime and poverty facing Caribbean societies. They should also formulate a
clear picture of how the history, size, geography, legal systems, governance structures,
and economic realities shape the experiences of Caribbean states.

Students should develop a clear understanding of the processes of globalization and the
impact on fragile Caribbean states.

TEACHING METHODOLOGY
There will be two hours of lectures and a one-hour tutorial each week.

COURSE ASSESSMENT
All students are required to do individual/group oral presentations over
the duration of the ten week tutorial session. Tutorials are mandatory
interactive sessions where students should engage with, and discuss
the major thematic areas in the course. These sessions are geared
towards preparing students for the final exam. Inconsistent tutorial
attendance will result in an inability to sit the final exam.
The course will be primarily assessed on the basis of an essay based
final exam which is valued at 100% .

COURSE READINGS
RECOMMENDED READINGS
Vasciannie, S. (2016). Arguments and Facts: Caribbean Public Law, Governance, Economy and
Society. Kingston, Jamaica: New Caribbean Publishers.
1.

Sources of Law and the Administration of Justice

(a) Common Law, Legislation and International Law

Vasciannie, Arguments and Facts, Chapter 2

Mendes, Ghany, Pantin and Mustapha, Law, Governance, Economy and Society
(1999), pp. 1-17
The Constitution of Jamaica (or of any other Commonwealth Caribbean
Country)
The Statute of the International Court of Justice, Article 38

(b)

The Hierarchy of Courts

The Constitution of Jamaica (or of any other Commonwealth Caribbean

Country)
Vasciannie, Arguments and Facts, Chapter 3
Mendes, Ghany, Pantin and Mustapha, pp. 17-29
(c) The Privy Council/Caribbean Court of Justice Debate
Agreement on the Establishment of the Caribbean Court of Justice
Vasciannie, Arguments and Facts, Chapter 4
de la Bastide, "The Case for a Caribbean Court of Appeal", 5 Carib. L.R. 401
(1995)
Joseph Archibald, "Essentials for a West Indian Supreme Court", 23 West Indian
L.J. 1 (1998)
Vasciannie, The Privy Council Versus the Caribbean Court of Appeal, Caribbean
Contemporary Affairs, No. 3, Cultural Studies Initiative, Office of the Deputy
Vice Chancellor, UWI, 1996
Vasciannie, "The Caribbean Court of Justice: Further Reflections on the
Debate", 23 West Indian Law Journal 37 (1998)
Duke Pollard, "The Caribbean Court of Justice in Regional Economic
Development", in Kenneth O. Hall and Denis Benn, Governance in the

Age of Globalisation: Caribbean Perspectives (2003), pp. 555-567.

2.

The Protection of Fundamental Rights

(a) General
Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act
2011
Vasciannie, Arguments and Facts, Chapter 6
Vasciannie, International Law and Selected Human Rights in Jamaica (2002),
pp. 1-32
Rex Nettleford (ed.), Manley & the New Jamaica: Selected Speeches & Writings,
1938-1968 (1971), pp. 296-311
Vasciannie, S. (2016). The International Law Workbook. pp. 98-121

(b) Issues of Life and Death

Vasciannie, Arguments and Facts, Chapter 7
Vasciannie, International Law and Selected Human Rights in Jamaica, pp. 3358, 69-88
Margaret Demerieux, Fundamental Rights in Commonwealth Caribbean
Constitutions (1992), pp.121-140
Vasciannie, S. (2016). The International Law Workbook. pp. 121-125
(c) Civil and Political Rights
Vasciannie, International Law and Selected Human Rights in Jamaica, pp. 6269, 136-154
Lloyd Barnett, The Constitutional Law of Jamaica (1977), pp. 376-436
Demerieux, Fundamental Rights in Commonwealth Caribbean Constitutions,

pp. 142-172
Americas Watch, Human Rights in Jamaica: Death Penalty, Prison Conditions
and Police Violence, Vol. 5, No. 3, April 1993
Amnesty International, Jamaica: Killings and Violence by Police: How Many
More Victims?, April 2001, AI Index: AMR 38/003/2001
(d) Economic and Social Rights
Vasciannie, International Law and Selected Human Rights in Jamaica, pp. 89121, 155-164

3.

Questions of Government

(a) Structure
Vasciannie, Arguments and Facts, Chapter 5
Mendes, Ghany, Pantin and Mustapha, pp. 54-61
Barnett, The Constitutional Law of Jamaica (1977), pp. 187-213
Arend Lipjphart (ed.), Parliamentary Versus Presidential Government (1992),
pp. 1-31
Entries on "Parliamentary Democracy", "Patron-Client Politics", and
"Proportional
Representation" in Krieger (ed.), The Oxford Companion to
Politics of the World
(1993)
(b) Selected Issues of Government
Report of the National Committee on Political Tribalism
Chairmanship of Justice James Kerr)(July 23, 1997)

(under

Vasciannie, Arguments and Facts, Chapter 5

Anthony Johnson, Ethical Business: A Caribbean Perspective, pp. 87-101

the

4.

Introduction to the Caribbean Economy

Prime Minister of Barbados, Owen Arthur, "Economic Policy Options in the

Twenty-first Century", in Hall and Benn (eds.), Contending with Destiny:
The Caribbean in the 21st Century, pp. 12-25
Leader of the Jamaican Opposition, Edward Seaga, "Why Are We Poor?":
Presentation by the Jamaican Leader of the Opposition in the Budget
Debate on the Estimates of Expenditure, 1999/2000 in the Houses of
Parliament, April 29, 1999
Wayne Henry, Chapter on Globalization and the Rural Economy, in The Jamaica
Human Development Report, October 2005
Johnson, Ethical Business: A Caribbean Perspective, pp. 33-42
Eric Williams, From Columbus to Castro: The History of the Caribbean, 14921969, Chapter 20
Vasciannie, Arguments and Facts, Chapters 9 and 10
George Beckford, Persistent Poverty (1972), esp. pp. 53-83
Report of the West Indian Commission, Time For Action, Chapters IV and V
5.

Evolution of Caribbean Societies

Eric Williams, From Columbus to Castro (1970), Chapters 17-19

Gordon K. Lewis, The Growth of the Modern West Indies, Chapter VII
Philip Curtin, Two Jamaicas (1970), Chapters I to V

6.

Aspects of Caribbean Societies

Vasciannie, Arguments and Facts, Chapter 8

Report of the National Commission on Ganja to the Right Hon. P.J. Patterson,
Prime Minister of Jamaica, August 7, 2001

Barry Chevannes, Chapter on Globalization and Culture, in The Jamaica

Human Development Report, October 2005
Anthony Harriott, Chapter on Globalization and Crime in The Jamaica Human
Development Report 2005, October 2005
Ian Boxill and Dillon Alleyne, Chapter on Globalization and Tourism in The
Jamaica Human Development Report 2005, October 2005
Horace Levy et al, They Cry Respect: Urban Violence and Poverty in Jamaica
(1996)
Report of the West Indian Commission, Time for Action (1993), Chapter IX
Erna Brodber, "Socio-cultural Change in Jamaica", in Nettleford (ed.), Jamaica in
Independence: The Early Years (1989), pp. 55-74
Rex Nettleford, Mirror, Mirror: Identity, Race and Protest in Jamaica (1998
edition), New Introduction to 1998 Edition, and pp. 19-37
Marlene Hamilton, "UWI -- A Progressive University for Women?", Caribbean
Quarterly, Vol. 47, Nos. 2 & 3, June-September, pp. 58-83
Vasciannie, International Law and Selected Human Rights in Jamaica, pp. 102117
Chevannes, Rastafari: Roots and Ideology (1995), esp. Chapter 1
Shiva Naipaul, "The Rise of the Rastaman", in Beyond the Dragon's Mouth
(1984)
Ivelaw Griffith, Drugs and Security in the Caribbean: Sovereignty under Siege
(1997), pp. 53-92; 233-242
2016/2017