Document Type

Article

Disciplines

International Law

Abstract

Jamaican Dancehall has increasingly become associated with violent, sexuallydemeaning, and sometimes homophobic lyrics. The lyrics to these songs and their suggested link to violence have led a growing number of fellow Caribbean governments to refuse entry to Jamaican dancehall artistes and to ban their performances within their countries. However, the countries are also signatories to a Caribbean trade agreement which guarantees the banned artistes the right to travel to and freely provide their services within these countries. The countries instituting the bans have relied on Article 226 of the Treaty, which mirroring Article XIV(a) of the General Agreement on Trade in Services (GATS), provides that a Member may, under limited circumstances, adopt or enforce measures in order to "protect public morals or to maintain public order and safety." The article argues that Jamaica and/or its artistes should seek from the Caribbean Court of Justice (CCJ), an interpretation and correct application of the public moral/public order exceptions to the rights granted under the Revised Treaty. Relying on WTO case law examining the GATS public morality and public safety exception and on EU law on the circumstances under which restrictions may be imposed on the right to freedom of movement granted under the Maastricht Treaty, the article highlights four areas in which the ban potentially conflicts with that jurisprudence. It concludes that, notwithstanding that this will be a first attempt by the CCJ, the extra territorial jurisprudence in WTO and ECJ law with regards to free movement within a trade treaty suggest workable approaches for the Court to establish a threshold of the applicability of the exceptions and guidelines to avoid abuse of the exceptions by governments. In the absence of such guidelines established by the Court, Jamaican dancehall artistes are being arbitrarily denied their right to freedom of movement and to provide their services within the region.

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