Anaya Nolan
The Caribbean is a subregion of the Americas, comprising thousands of islands, islets, reefs, and cays. It is geopolitically regarded as a subregion of North America, but is sometimes included in Middle America or considered its own subregion. Generally, the Caribbean region is organised into 33 political entities, including 13 sovereign states, 12 dependencies, and 7 overseas territories. The region's legal systems are largely influenced by their former colonial powers, including England, Spain, the Netherlands, France, and others. While the legal systems of most Commonwealth Caribbean countries are based on Common Law, Guyana and St. Lucia have hybrid legal systems influenced by Roman-Dutch and French civil law traditions, respectively. The U.S. Virgin Islands, acquired from Denmark in 1916, is an unincorporated U.S. territory with its own legal system, including a Virgin Islands Code and a Supreme Court. While criminal law is typically limited to the jurisdiction where the crime occurred, certain circumstances allow for crimes committed abroad to be prosecuted in the U.S. as federal crimes.
What You'll Learn
The applicability of US laws in the US Virgin Islands
The US Virgin Islands are an unincorporated territory of the United States. While not all federal laws apply to the US Virgin Islands, the US Constitution is the supreme law of the territory. Other applicable federal laws include statutes and regulations issued by federal administrative agencies.
The main governing document of the US Virgin Islands is the Revised Organic Act of the Virgin Islands, which was passed by the US Congress in 1954. The territory does not have its own constitution.
The Virgin Islands Supreme Court is the only appellate court in the territory and interprets the laws of the US Virgin Islands. The US Supreme Court may review a case that has been appealed from the Virgin Islands Supreme Court.
The Virgin Islands District Court also issues decisions that affect the territory's residents. The Third Circuit Court of Appeals holds the authority to review decisions by the Virgin Islands District Court.
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The US-Caribbean 2020 Engagement Strategy
Security
The US will work with Caribbean partners to deny ISIS a foothold in the region, dismantle illicit trafficking networks, enhance maritime security, confront violent and organized crime, and increase the sharing of threat information among countries.
Diplomacy
Diplomacy will raise the political level of dialogue with the Caribbean and focus on the strategy's six priorities.
Prosperity
The US will increase prosperity by promoting sustainable growth, open markets for US exports, and private sector-led investment and development.
Energy
Exports of US natural gas and renewable energy technologies will provide cheaper alternatives to heavy fuel oil and lessen the Caribbean's reliance on Venezuela.
Education
The US will focus resources on exchanges and programs for students, scholars, teachers, and other professionals that provide mutual benefits to US and Caribbean communities and promote economic development and entrepreneurship.
Health
The US will continue to partner with countries in the region to fight infectious diseases, recognizing that deadly pathogens are threats that know no borders.
In addition to these six pillars, the strategy also emphasizes the importance of digital connectivity, trade and investment, small business development, agriculture, open skies agreements, and sustainable tourism.
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The US-Caribbean Resilience Partnership
The US has a strong presence in the region with embassies in several countries, including Barbados, Santo Domingo, Georgetown, Port-au-Prince, Kingston, Paramaribo, and Port of Spain. US diplomats also conduct diplomacy with Caribbean embassies located in Washington, DC.
The US has a history of military operations in the Caribbean, with influence over most Caribbean nations due to the Monroe Doctrine and participation in the Banana Wars. The US has intervened in various conflicts and political events in the region, including the Cuban Revolution, the Bay of Pigs Invasion, the Cuban Missile Crisis, the occupation of Hispaniola, and the 2004 Haitian coup d'état.
The US also has a naval military base in Guantanamo Bay, Cuba, which is one of five unified commands responsible for Latin America and the Caribbean.
In terms of law, the US Virgin Islands became an unincorporated US territory after Denmark handed over control in 1916. The territory includes Saint Croix, Saint John, and Saint Thomas, and has an elected Governor. While those born in the US Virgin Islands are citizens, their representative in Congress can only vote in committee and not in floor votes.
The US Virgin Islands have their own legal system, with an elected Governor, a Supreme Court, Superior Court, and District Court. The US Virgin Islands Code, which includes laws and regulations, is available online.
Overall, the US-Caribbean Resilience Partnership seeks to strengthen disaster resilience in the region through collaboration and engagement on various fronts, including diplomacy, security, and energy.
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The US military presence in the Caribbean
The United States has a significant military presence in the Caribbean, with 76 of its 800 military bases located in Latin America and the Caribbean region. This presence is justified by the US as a means to protect its hegemonic interests and exert influence over the region. The Caribbean's geographical position between the Atlantic Ocean and the Caribbean Sea makes it a critical gateway for maritime trade routes, thus enhancing its strategic importance.
Historically, the Caribbean has been a site of military engagements reflecting broader global conflicts. European powers, during the colonial era, established military bases to protect their economic interests, resulting in frequent conflicts over dominance. The region's military landscape shifted post-Cold War, with the US and its allies transitioning their focus to counter-narcotics operations and humanitarian assistance.
The US Southern Command, led by Admiral Kurt Tidd as of February 2018, outlined a strategy for the region over the next ten years, citing Cuba, Venezuela, and Bolivia as potential threats, along with drug trafficking and the presence of rival powers like China, Russia, and Iran. The Southern Command's plan includes three joint task forces: Bravo in Honduras, the Guantanamo task force, and the Inter-agency Joint Task Force in Key West, Florida.
The US has established several military installations in the Caribbean, including Guantanamo Bay in Cuba, air and naval facilities in Puerto Rico, and bases in the Bahamas, Bermuda, Martinique, and Guadeloupe. These bases serve strategic purposes such as regional security, disaster relief, and humanitarian operations. The US also conducts joint military exercises, such as Operation Tradewind and Southern Partnership Station, to enhance interoperability and collaboration with regional partners.
The future of the US military presence in the Caribbean is expected to evolve in response to emerging security challenges, with increased attention to drug trafficking, human trafficking, and natural disasters. Additionally, technological advancements and climate change considerations will influence military planning and operations in the region.
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The US-Caribbean diplomatic relations
The United States maintains diplomatic relations with nations across the Caribbean, including Antigua and Barbuda, The Bahamas, Barbados, Dominica, the Dominican Republic, Grenada, Guyana, Haiti, Jamaica, Saint Lucia, St. Kitts and Nevis, St. Vincent and the Grenadines, Suriname, and Trinidad and Tobago. The US has embassies in several Caribbean nations, including Bridgetown, Santo Domingo, Georgetown, Port-au-Prince, Kingston, Paramaribo, Port of Spain, and a US Consulate in Curaçao.
US policies in the region are administered through these embassies, and diplomats also work with Caribbean embassies in Washington, D.C. The US-Caribbean 2020 Engagement Strategy is a key framework for collaboration, focusing on education, diplomacy, prosperity, security, energy, health, and disaster resilience. This strategy aims to strengthen the relationship between the US and the Caribbean and address shared challenges and opportunities.
The historical context of the region is important to understanding the diplomatic relations between the US and the Caribbean. The Caribbean has a mixed legal tradition, with a blend of common law and civil law systems. This diversity stems from the region's history of colonisation by various European powers, including Britain, Spain, France, and the Netherlands. The legal systems in the Caribbean have been influenced by these former colonial powers, resulting in a complex legal landscape.
The Caribbean Community (CARICOM) is a significant organisation in the region, with independent countries in the Commonwealth Caribbean as members. These countries work together through regional and cooperative agreements and treaties. Additionally, many Caribbean nations are signatories to international treaties, such as those of the United Nations, the Organization of American States (OAS), and the Commonwealth of Nations.
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Frequently asked questions
The Caribbean is made up of independent states, dependent territories, and overseas territories with varying legal systems. While the U.S. Virgin Islands are an unincorporated U.S. territory, each country and territory in the Caribbean has its own set of laws and legal system, which may be based on common law, civil law, or a mix of both. Therefore, American laws do not apply in the Caribbean except in the U.S. Virgin Islands and other U.S. territories in the region.
U.S. criminal laws can sometimes be applied extraterritorially to prosecute American citizens for certain crimes committed abroad, including in the Caribbean. However, this depends on the specific circumstances and the nature of the crime.
No, U.S. citizens in the Caribbean do not have the same rights as those in the U.S. While they are still entitled to certain protections under the U.S. Constitution, the local laws of the Caribbean country or territory they are in will generally apply to them.
