Why must CARICOM nationals enjoy rights and discharge obligations through their States? Why cannot such nationals enjoy rights and discharge obligations without the intervention of their States of nationality?
This is an important question which requires a clear response. Firstly, it must be borne in mind that treaties, like the Treaty of Chaguaramas, are governed by international law. International law is based on rules which are quite different from the legal rules normally applied by judges in our national courts. One important difference is that rules of international law ordinarily apply only to countries which are called subjects of international law. Only in exceptional cases are those rules directly applicable to individuals. Consequently, individuals only enjoy rights set out in international instruments through their country on which those rights are conferred initially. For private entities or individuals to enjoy rights under an international instrument, the instrument would have to be implemented into local law by the country concerned.
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