Rethinking Labor Law in the New Commonwealth Caribbean Economy: A Framework for Change

Abstract:
This article questions the philosophical underpinnings and current manifestation of the “inherited contract model” of labor law as applied in Caribbean countries adhering to the the British common law tradition. It begins by presenting a historical perspective on Caribbean labor - particularly the region’s deeply rooted race and social inequities. The author argues that the contract model is inappropriate for an economy dominated by part-time, informal, and “atypical” work. She proposes instead that the region’s labor laws should embrace the need for development and be better aligned with the realities of the contemporary work environment. In particular, she argues that trade issues must no longer be divorced from labor law. Labor law must insert itself into the region’s burgeoning industries: tourism and the offshore financial sector. The author argues that labor regulation need not lead to inefficient markets; rather, labor lawyers might look to alternative development models and integrationist theories.