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Faculty of Law

Faculty & Staff

Nicole D. Foster (née Clarke)

Nicole D. Foster (née Clarke)

Lecturer in Law

Attorney-at-Law

Department: Law

Bio

Mrs Nicole Foster is a Chevening Scholar and former diplomat who acted as Counsellor in Barbados’ Permanent Mission to the UN and the WTO in Geneva from 1999 to 2005. Since her return to Barbados in November 2005, she has acted as a resource person/consultant for international organisations, private sector agencies and the Barbados government on a variety of international law matters. Mrs Foster is currently a member of the High Level Panel of International Legal Experts on the UNESCO Anti-Doping Convention 2005 as well as of the Indicative List of Arbitrators to hear disputes under the CARIFORUM-EU Economic Partnership Agreement and under the CARIFORUM/UK Economic Partnership Agreement. She also sits on the Barbados government’s Electronic Single Window Legislation Revision Working Group. Mrs Foster was a member of PAHO’s Advisory Technical Group on Alcohol Policy from April 2020 to April 2023 and a member of the Board of Management of the Barbados National Standards Institution from March 2019 - 2023. In 2018, Mrs Foster was attached for two months to the PAHO Sub-regional Coordination Programme as its NCDs Advisor.

Mrs Foster was Deputy Dean, Academic and Student Affairs in the Faculty from January 2020 - July 2022 and Interim Dean of the Faculty from August - September 2020. She is the founding head of the Faculty’s Law and Health Research Unit in which capacity she has launched a number of training, public education and advocacy initiatives and also sits on the Steering Committee of The Caribbean Public Health Law Forum. Mrs Foster was also appointed General Editor of The Caribbean Law Review, the Faculty’s flagship publication, from August 2022.

In addition to her University responsibilities, Mrs Foster is Policy Advisor with the Healthy Caribbean Coalition, a regional civil society organization advocating on prevention and control of chronic non-communicable diseases in the Caribbean. In this capacity she has authored a number of policy papers/reports on international trade and NCDs and on broader foreign policy issues relevant to NCD advocacy. Mrs Foster is also an active member of the Barbados Childhood Obesity Prevention Coalition and has featured prominently in many of its advocacy campaigns and media interviews.

Qualifications

  • Post-Graduate Certificate in University Teaching and Learning, UWI (2015)

  • LL.M, Washington College of Law, American University (1997)

  • LL.M, University of Cambridge (1996)

  • L.E.C, Hugh Wooding Law School (1994)

  • LL.B, University of the West Indies (1992)

Research Areas

Mrs Foster current research interests focus on the intersection between international trade and health particularly in relation to chronic non-communicable diseases prevention and control . She also has a keen interest in the role of small states in international dispute settlement and regional integration/the CSME.


Teaching Areas

 


International Trade Law (LAW 3330)
International Human Rights Law (LAW3720)
Global Health Law (LAW 6150)

Introduction to Global Health Law (LAW 3915)

Select Publications

  • Shajoe Lake, Kimberley Benjamin and Nicole Foster, ‘Public Health Protection vs. Freedom of Commercial Expression in the Commonwealth Caribbean: The Case of Barbados and Jamaica’ (2022) 50 Journal of Law, Medicine & Ethics 304

  • Foster ND, Constantin A and Lake SJ, “CARICOM’S Efforts to Tackle Unhealthy Diets: A Cautionary Tale for Latin America” (2022) 8 Journal of Institutional Studies 254 https://doi.org/10.21783/rei.v8i2.663

  • Implementation of the WHO Framework Convention on Tobacco Control in Saint Lucia: A Case Study (May 2022)

  • Constantin A; Foster N.D. (2020) Unhealthy Diets in the CARICOM: The Role of the Caribbean Court of Justice. Global Center for Legal Innovation on Food Environments. Washington DC.

  • N Foster, ‘International Trade and Childhood Obesity – A Caribbean Perspective’ in Amandine Garde, Olivier de Schutter & Joshua Curtis (eds) Ending Childhood Obesity: A Challenge at the Crossroads of International Economic and Human Rights Law. December 2020. Edward Elgar Publishing.

  • N Foster, AM Thow, N Unwin, M Alvarado and TA Samuels, ‘Fiscal, Legal and Regulatory Measures to Fight Obesity in Small Island Developing States of the Caribbean and Pacific 2015 – 2017. Rev Panam Salud Publica.2018;42:e191. https://doi.org/10.26633/RPSP.2018.191 

  • CARICOM States and the WTO Dispute Settlement System: The Case for Greater Engagement’ (2017) 43 Commonwealth Law Bulletin 153.

  • NCDs and Trade Policy in the Caribbean’ (NCDs Policy Briefs Series, Healthy Caribbean Coalition) (November 2017, 30 pages)

  • Philip Morris Brands Sàrl v. Oriental Republic of Uruguay (2016) 110 AJIL 774.

  • Barbados School Policy on Sugar Sweetened Beverages (August 2019)

  • ‘Stop Yuh Too Sweet: Proposal for the Regulation of Sugar Sweetened Beverages in Barbadian Schools’ (July 2019)

  • Guide on Legislation Regulating Marketing of Unhealthy Foods in Barbadian Schools and their Immediate Environments (June 2017) ( in collaboration with the George Alleyne Chronic Disease Research Centre, University of the West Indies)

Additional Info

Mrs Nicole Foster is the leading regional voice on issues relating to law as a tool for NCD prevention and control generally and on international trade and human rights intersection with health policy  in particular. She has made an important contribution to advocacy and policy formulation at the multilateral and regional level on NCDs prevention and control focusing on the roles of law and international trade.

Keywords

WTO, international trade, trade and health, public international law, NCDs, CARICOM, CSME