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4/17/2006
LAW AND POLITICS - LEGAL ISSUES AND THE CRICKET WORLD CUP 2007.
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By Lloyd Noel

During the next couple months, the World sporting fraternity will be concentrated on the Football World Cup due to be held in Germany in June
this year. And for us in the Caribbean it holds some special interest, because our neighbours in Trinidad and Tobago ‘The Soca Warriors’ - are in the Finals for the first time. And being the kind of caring people we are, when it comes down to Sports and Athletics, am sure the whole Caribbean will be rooting for those ‘Soca Warriors’ as though it is the West Indies Cricket team in operation.

But no sooner the last whistle goes off in Germany in June, and the World Cup Champions are known World wide, whoever they maybe, all eyes and
attention will be firmly focused on the Caribbean Nations and Cricket World Cup 2007 in the Caribbean.

And although only Nine Islands/Countries will be actually hosting matches in the competition, there can be no doubt whatsoever - that as the actions
and activities in all those States, or in anyone of them, get hotter and closer to March/April, 2007, the curious eyes of the Sporting World, as well as the Tourist and traveling public generally, will be on the Caribbean as a whole.

So that whatever takes place, or is said or done by those in authority or their agents, in any one state will have repercussions for the area as a
whole.

The advertising of what we have and what we can offer to visitors, not just for the World Cup in 2007, but for Tourists to come back to our shores for years afterwards, so as to justify the large expenditures the smaller States are undertaking for this Cricket Bonanza - cannot be left for show-casing only during the days of actual Cricket matches in those Nine host Countries.The Televising, and sponsorship, and show-casing of the various Islands attractions for future visitors, all have their own kinds of legal problems in the context of the Cricket World Cup in 2007 - and I will come back to some of those later on in this article.

But in the context of actions and statements by officials and agents of the respective hosts Countries, and the possible impact that can result
therefrom - to the future detriment of the particular Country and its image in the Global Market place - the latest outburst by the Government’s Legal Advisor, pertaining to the Caribbean Court of Justice (CCJ), must be cause
for concern to those in charge of our Nation’s affairs.

After Mr. Wildman’s reckless allegations about the High Court Judge and the President of the Bar Association - concerning the Judgment handed down by the said Judge, in his failed attempt to get the Court to over-rule the JLSC - he went another step further, in my view, in severely criticising the very Government that pays his big salary and allows him to ride rough shod over those in the legal department and the Police Force.

Our Government in Grenada has already passed preliminary Legislation in Parliament, confirming its intention and agreement to becoming a full
participant in the CSME and the CCJ in due course of time; in keeping with the CARICOM States unanimous decision to amend the Treaty of Chaguaramas to the CSME, and to create the CCJ as the replacement for the Privy Council in
London, as well as the Tribunal for disputes within the CSME.

He said, among many other outrageous statements, that if the Governments of CARICOM, which includes Grenada, should go ahead and abolish Appeals to the Privy Council in London - that decision would be the very worst thing that could happen to the Caribbean people.

Now, in any normally functioning Governmental structure in a true democracy - either the Advisor should tender his resignation from his very sensitive and influential position, or the Powers-that-be should have demanded it without further ado. But so far a deathly silence prevails all around the controversial happenings over the past week - since that Judgment from the High Court was announced.

It may not seem so at first glance, but it is cases and instances like these that will influence people when making their decisions about visiting
our Country, and more importantly about even thinking of investments in these parts - when Government officials at that level can publicly make statements of the type recently made by Mr. Wildman. And to make bad matters even worse, those in authority who are his bosses do not seem to see anything wrong with his outbursts and highly derogatory statements - because no one has said anything to try and appease the situation.

Although I have heard on the political grape vine wavelength, that some members of the very Cabinet he is supposed to be advising - they have privately expressed their disgust and dis-approval of the wayward behaviour.But then again, we may never get confirmation of that principled stand -
for obvious reasons.


To go back to a more disciplined and far more organised structure, for global advertisement and image building for our future Tourism enhancement - (‘CWC 2007 Inc.’) Cricket World Cup 2007 seems to be well on course for the greatest Sporting bonanza next year. Last week Monday at the Flamboyant Conference Room in Grand Anse, The Grenada Bar Association and the (LOC of CWC) Local Organisation Committee for the Cricket World Cup next year, held a Forum on the Legal implications and impact of the proposed Legislation surrounding the ‘CWC 2007.’

Two pieces of Legislation (Laws), going by the names of ‘Sunset Legislation’ and ‘Anti-Infringement Programme,’ have been drafted by the
Legal Advisers for ‘CWC 2007 Inc.’ and are now ready for delivery to the Nine host Countries where matches will be played - to be passed into Law by those Countries Parliaments.

Mr. Derek Jones, a former President of the Jamaica Bar Association and now a Legal Adviser to the CWC 2007, was the main presenter and he gave the
large audience in attendance plenty food for thought on the subjects.The structure for next year’s event, as he explained it, is the (ICC)
International Cricket Council staging the World Cup in the Caribbean; the (WICB) West Indies Cricket Board, as the Legally organised body responsible for Cricket in the Region, is the Agent for the ICC for the occasion. To
ensure the fullest concentration and regional expertise in managing and implementing the mammoth tasks involved in putting on that show - the WICB
formed ‘CWC 2007, Inc.,’ and the Corporation, in conjunction with the Host Countries for matches, appointed Local Organising Committees (LOCs) in each Country to deal with the local matters.

The Legal position remains, however, that on the 10th day of April, 2007, when the first match in the ‘Super Eight’ series of Six games - that are
scheduled to be played at the Queens Park Stadium in Grenada - gets under way, the Body responsible for that game, and all the other (50) Fifty games
to be played in the Nine Countries in the Region, is the ICC and no one else. And that is why the Draft Legislation was undertaken on behalf of the ICC for the respective Countries. And the idea is that once the World Cup is over, at the end of April and no later than June thereafter, the ‘Sun’ will ‘Set’ on those Laws for the occasion, and they will be automatically repealed.

Two sections or areas of the proposed Legislation received very in-depth discussion, after the presentation by Mr. Derek Jones. One was a new
concept, or offence, by the name of ‘Ambush Marketing,’ and the other to be centered around a so-called ‘Clean Venue.’

Four major Sponsors have apparently bought the entire rights for Advertising at the games and the approved other ‘Venues’ by ICC.Those major Sponsors will be selling minor sponsorship packages to interested Advertisers - and only those purchasers will be allowed to advertise their goods and services at games sites and other approved ’Venues.’

The ‘Ambush Marketing’ will occur where anyone internationally uses, or attempt to use, any device or method at the games or approved ‘Venues’ to get around the Major Sponsors Rules and Regulations or Guidelines. This is a
simplification of the offence or infringement, but some of the known methods of ‘Ambush Marketing’ are rather complicated and very clever indeed.

The ‘Clean Venue’ concept is concerned with the absence of any and every Advertiser - other than the Major Sponsors or their approved subsidiaries -at those Venues. The simple word ‘Venue’ as for the Stadiums where matches will be played - does not stop there. Many other areas, or routes to the Stadium, will be designated as ‘CWC approved 2007 Venue’ for the period of the games in a Host Country; and those areas have to be ‘Clean Venues’ like at the Stadium, with no Advertisers except those approved by CWC 2007 Inc. - whether as purchasers of rights, or exempted for whatever reason.

A serious concern raised by many persons, was the right of existing Companies near to the Stadium or approved ‘Venues’ - as well as our Tourism
Sector, for show-casing the interesting or attractive sites and ‘Venues’ Island wide, to the expected Two Billion plus Television viewers Worldwide, in our efforts to bring them to Grenada after the World Cup is over - to help us offset the huge financial debt being incurred to facilitate CWC 2007.

The LOC have a heavy responsibility to protect our financial interests, by ensuring that we get the best available conditions for our Tourism
Marketing; and for educating the public about the various aspects of CWC 2007 that will definitely impact on their lives in one way or another -
before the arrival of the Teams and crowds, and during the Six Games we are due to host in Grenada.

It cannot be over-emphasized that the returns from the Six games at the Stadium, and the spin-offs to Hotels, Vendors, Transport providers, or
whoever else, cannot even begin to compensate for the financial risks being undertaken to make Grenada ‘CWC’ ready for 2007. The powers-that-be and their agents must successfully market our Tri-Island State, so as to reap the future financial benefits from Tourists to satisfy those debts.


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