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International Marine Environment Law: A Case Study In The Wider Caribbean Region, Benedict C. Sheehy Dec 2003

International Marine Environment Law: A Case Study In The Wider Caribbean Region, Benedict C. Sheehy

ExpressO

Abstract: This study examines the effectiveness of international marine environment law in controlling and abating contamination of the marine environment in the Wider Caribbean Region. The main international agreement covering the region is the Cartagena Convention which came into force in 1983. This convention, initiated by the UNEP under its Regional Seas Program, is considered one of the most successful of the programs. The study examines that claim in light of events since the adoption of the Cartagena Convention by the majority of nations bordering on the region. Mexico, because of its stature as a leading Latin American nation, is …


A Seaworthiness Warranty In Time Policies: A Fifth Circuit Fallacy (Formerly Entitled Another Circuit Virus...), Graydon S. Staring Sep 2003

A Seaworthiness Warranty In Time Policies: A Fifth Circuit Fallacy (Formerly Entitled Another Circuit Virus...), Graydon S. Staring

Graydon S. Staring

The Court of Appeals for the Fifth Circuit was persuaded some years ago, and still believes, for aught we know, that there is an implied warranty of seaworthiness at the inception of a time policy, notwithstanding the lack of any logical explanation for such a usage and its authoritative disavowal from among those who might sometimes fortuitously benefit from it. The illegitimate conception of this warranty and its nurture and repetition in the Circuit have been exposed at some length in an earlier article and will be restated here to remind us again of its lack of foundation, with the …


Harmonization Of Warranties And Conditions: Study And Proposals, Graydon S. Staring Jan 2003

Harmonization Of Warranties And Conditions: Study And Proposals, Graydon S. Staring

Graydon S. Staring

In the interest of harmonizing marine insurance across state and national borders, the word "warranty" should be abandoned and all true conditiona precedent be called "conditions", with the consequences of breach specified, and in appropriate instances coverage be excluded only as to losses caused by the breach.