A Study of Insurance Contracts Within the Legal Context of a Small Island Influenced by the Commonwealth, the European Union and the Mediterranean: The Case of Utmost Good Faith and Insurable Interest

2022 ◽  
pp. 39-65
Ramon Mizzi ◽  
Andre Farrugia ◽  
Simon Grima
2021 ◽  
Vol 04 (02) ◽  
pp. 46-48
Tahmina Shahin Alizada ◽  

The article describes the fundamental principles of marine insurance. It mainly examines the principle of "utmost good faith" which is the cornerstone of insurance law. The main aim of an article is to help the reader to gain basic knowledge and understanding of the legal principles of marine insurance. The fundamental principles governing marine insurance are very helpful in the assessment of loss and the claim in the maritime insurance industry. As in all contracts of insurance on the property, also marine insurance contract is based on the fundamental principles. Key words: marine insurance, Marine Insurance Act 1906, principles of marine insurance, utmost good faith, insurable interest

Holotipus ◽  
2021 ◽  
Vol 2 (1) ◽  
pp. 1-2
Daniela Pessani

The oceans are a vast yet fragile environment, and one of the biggest issues scientists have to tackle today is the conservation of marine biodiversity. In 1975, to try to address the physical, chemical and biological alteration of these delicate ecosystems, 16 Mediterranean States together with the European Union, implemented the Mediterranean Action Plan (MAP). The aim was to safeguard the marine environment and promote its development in the Mediterranean basin.

2019 ◽  
Vol 19 (4) ◽  
pp. 617-629
C Anguita Olmedo ◽  
P González Gómez del Miño

The European Union (EU) throughout its history has been the destination of diverse migratory flows. Therefore, migration has acquired special relevance by occupying a prominent position on the EU’s political, economic, cultural, and social agenda. The most recent migration crisis of 2015 represents a multidimensional challenge with severe consequences that affect, first, the institutional foundations of the EU (governance, security, solidarity of member states and institutional stability) and, second, the migratory policies of receiving states and the EU itself. This crisis is characterized, first, by the high number of illegal migrants that cross the Mediterranean, and, second, by the humanitarian tragedy and insecurity, which make the sea a grey area and an international reference in the migratory processes. The migration-security equation became a field of applied research and analysis, and at the same time a focus of political debate and public opinion. The article aims at analysing the crisis of 2015 and its consequences, which is done by means of the methodological approach based on the consequences that this phenomenon entails for the EU and for certain member states. The response of the EU is limited primarily to securitization by strengthening the external borders, turning towards internal security rather than respecting international and Community Treaties and promotion of their values, which contradicts the anticipated leadership of this global actor. The authors believe that it is necessary to implement new mechanisms in addition to ensuring greater effectiveness of the existing ones.

2020 ◽  
Ira Schwarz-Vomhof

The thesis provides a critical overview of the treatment of related services, in particular installation, in the European Union and Germany. The development and content of related services are examined. On this basis, problems in distinction of the contract of sale and the contract of work or material caused by related services are investigated. Consideration is also given to the various legal consequences of the different warranty rights, also in a comparative legal context. Thereafter solutions are proposed to facilitate the distinction by taking another systematic account of related services. Regards also are given to whether more favourable legal consequences of the contract of work and material can be applied to related installations.

2018 ◽  
Vol 40 (2) ◽  
pp. 28-31
Giorgia Mirto

Abstract For decades, migrants have continued to die or go missing in the Mediterranean, while the European Union and Italy continue to exhibit a policy vacuum around the issue of the missing, despite the duties on states imposed by human rights law. The investigation of deaths is inadequate, the Italian judicial authorities demonstrate disinterest to proceed with investigations in the identification of deceased migrants, and the inefficient post-mortem data collection seriously compromise every effort to restore names and dignity to the dead. This attitude seems to confirm the theory of “necropolitics,” which views the state as a racist and excluding sovereign entity. But ethnographic analysis of the work of some of the involved actors reveals recognition of the deceased and missing migrants based on a sense of familiarity and closeness. Here, the experience of the Mediterranean Missing Project is discussed, with an emphasis on future work prospects for both academia and practitioners.

2016 ◽  
Vol 85 (3) ◽  
pp. 235-259 ◽  
Graham Butler ◽  
Martin Ratcovich

This article addresses the main legal challenges facing the European Union (eu) Naval Force, eunavfor Med (‘Operation Sophia’), established in 2015, to disrupt human smuggling and trafficking activities in the Mediterranean Sea. It examines a number of legal issues that have given rise to scepticism on the viability of this type of operation, ranging from challenges under European Union law regarding mandate and oversight, to complex questions of compliance with international law. Forcible measures may be at variance with the international law of the sea, binding on the eu and its Member States alike. Even if such strictures can be avoided by a broad United Nations mandate and/or the consent of the neighbouring government(s), international refugee law and international human rights law provide limitations on the measures that Operation Sophia will be tasked with. Different avenues will be explored to ensure the Operation’s compliance with these different legal regimes.

2010 ◽  
Vol 12 (1) ◽  
pp. 1-21 ◽  
Silja Klepp

Abstract During the past few years the border waters between Europe and Africa have become an EU-policy crucible. In the midst of the tightening of EU border controls and refugee protection claims, supranational, national and local actors find themselves in a phase of legal insecurity and negotiation. This article is based on ethnographical research carried out in Libya, Italy and Malta. It sheds light on the different actors’ practices at sea and in the surrounding border region. It also explores how new parameters for refugee protection are emerging in the border regions of the European Union. The article argues that the policy practices of the co-operation between Italy and Libya as well as the informal operational methods carried out in the Mediterranean Sea function as a trailblazer of the overall EU refugee policy. In the long term, some of these practices will affect and change the legal basis and the formal regulations of the European refugee regime. The principle of non-refoulement could first be undermined and then abolished in this process. Using an approach that combines the empirical study of border regions with a legal anthropological perspective, the article analyses the Union’s processes of change and decision-making on local, national and supranational levels and their interconnections.

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