Some Questions of International Law

Contemplates a number of issues pertaining to international law. The first section outlines the transition from colony to independent Jamaica. The country’s approach of assuming all colonial treaty obligations as an independent state provided clarity and continuity in its international affairs. On the matter of sources of international law, this Chapter discusses Jamaica’s general acceptance of their hierarchy. However, in its foreign policy, it has shown varying degrees of acceptance of some aspects of the individual sources. With respect to the relationship between International Law and Jamaican law, Chap. 6 sets out Jamaica’s position as a dualist state—one that requires the application of an international treaty into the domestic legal system. Jamaica’s foreign policy stance in the area of privileges and immunities is also examined. This chapter explores the issue of diplomatic representation and the related policies and procedures involving the treatment of foreign diplomats in Jamaca, and Jamaican diplomats resident overseas. The issue of sovereign immunity is also substantially discussed particularly with reference to the well documented Trafigura case. Finally, Chap. 6 considers Jamaica’s non-acceptance of the compulsory jurisdiction of the International Court of Justice and its refusal to join the scheme of the International Criminal Court. The discussion highlights the differences in rationale and outcomes for both.