Connect with us

law

Mesothelioma Lawsuit

Published

on

People suffering from Mesothelioma are provided with the legal right by Maryland law to file a Mesothelioma lawsuit. Mesothelioma is a rare cancer that happens because of asbestos exposure. You are much more susceptible to this illness if you’ve worked wherever the chance of inhaling asbestos debris was high. For those who have been diagnosed with Mesothelioma, you may get compensation from the celebration accountable for your publicity to asbestos by way of a Mesothelioma lawsuit.

Mesothelioma is a critical disease; oftentimes generating its presence felt 20 or thirty years following exposure. You would like to commence the healthcare treatment immediately in order have more than a one year|twelve months survival rate. When submitting Georgia Mesothelioma lawsuits, you should have a correct comprehending of all of the intricacies which are associated with filing lawsuits. Make sure you employ a qualified and skilled Mesothelioma lawyer because only then are you able to attain success in your lawsuit.

Mesothelioma, the disease of mesothelium, is a painful one mingled with costly treatment. Mesothelium is the overlaying made across the heart, lungs and different essential organ of human body. It protects the organs from injury when beating towards the body wall. Generally in case of involuntary muscles in human body, as located in heart, stomach, lungs etc, the mesothelium performs essential role.

In the course of respiration system the air is taken in, get purified in lungs and once again the contaminated blood filled with carbon-di-oxide is taken out. In the course of the mentioned purification process if any small or even microscopic particles are inhaled unexpectedly then those debris can’t come out effortlessly from lungs and linger caught within the mesothelium. If such particles debris get accrued in big quantity in lungs, then it causes a lot kind of lungs related or cardio-thoracic problems. In numerous cases it eventually results in cancer, known as mesothelioma.

Mesothelioma is a infrequent cancer kind that occurs because of asbestos exposure. It’s got an effect on the liner of the lungs and abdominal cavity. Mesothelioma is a deadly illness with a mean survival time of simply twelve months following diagnosis. Your survival rate may easily increase if it is diagnosed early. Mesothelioma litigations in Baltimore offer you an opportunity to file a case against a party that’s accountable on your situation.

No just one expects go to hospital following working with a firm that use asbestos within the manufacturing process. No one wish to handle an expensive lawyer in courtroom as it will take time, energy, productiveness time, not pointed out losses in all probability that would make employee pay additional money to organization who employ their situation much more over whether it is associated with Asbestos mesothelioma case before the courts claim.

Mesothelioma is a malignant tumor of the mesothelium the result of publicity to asbestos fibers. There is several fundamental details just one ought to be mindful of if he is thinking about pursuing an asbestos mesothelioma lawsuit. Previous to pursuing a lawsuit, he ought to search advice from a respectable mesothelioma lawyer for a better comprehension of mesothelioma law. A mesothelioma lawsuit give you just one with enough compensation that will assist cover his legal, medical, and on-going bills related to the mesothelioma cancer.

Federal US entitles people identified with mesothelioma to file a lawsuit against the errant company or companies. Mesothelioma, being a deadly sort of cancer, ruins the prospects of victims and their families. This efficiently signifies that mesothelioma lawsuits are essential something that may mitigate the sufferings of the family

In the past, as a consequence of being exposed to an asbestos material, there have been circumstances when the mesothelioma melanoma sufferers have gotten thousands in reparation for their cancer diagnosis. Lately, mesothelioma lawsuits help those who have become unwell with this cancer by supplying a array of reimbursements. Several of those litigations have answered people who have been in touch with asbestos linked substances at their workplace, and corporations are obliged to pay damages to their existing or former staff members for non-disclosure of the hazard entailed in touching asbestos and linked materials.

Some fundamental elements must be taken under consideration by victims discovered to endure mesothelioma cancer and are capable of file a mesothelioma lawsuit.

What are mesothelioma lawsuits and just how do they arise?
$5 million continues to be recovered from your mesothelioma litigation filed on behalf of a 70-year-old man who passed faraway from malignant mesothelioma. The man was exposed to mesothelioma causing asbestos at work. His profession called for fitting asbestos that contains ceiling tiles. He breathed in asbestos fibers launched by the tiles everyday. The fibers have been launched whenever he reduce and in good shape the tiles. In addition, he was also exposed to asbestos from working alongside drywall installers who produced asbestos dust from using only asbestos that contains joint compound.

Is mesothelioma curable? The straight answer to this query is ‘No’. Well, you will find drugs and treatments that assist in easing the pain sensation and should aid to extend life, however these remedies aren’t sufficient to save life. Mesothelium refers back to the wrapping structure of nearly all of the bodily organs in our system and mesothelioma is the cancer that occurs in mesothelium.

It has been reported that deaths attributable to mesothelioma cancer in England is increasing. According to at least one estimate, 2,249 men and women died from malignant mesothelioma in 2008 whereas 2,156 died from the sickness in From 2006 to 2008, northeastern England was the geographic area with the very best incidence of mesothelioma deaths. The male demise rate was 1 per million. Southeastern England adopted having a male death rate of 74 deaths per million people.

The asbestos cancer mesothelioma is a threat to the lives of many Navy veterans. This really is as the Navy used asbestos-containing items extensively. Several instances of asbestos-containing goods are gaskets, adhesives, cables and valves. The areas of a ship wherever asbestos may have been present are several and take on boiler rooms, mess halls, engine rooms and navigation rooms. Ships involve a too high risk of asbestos exposure due to many areas on board ships are closed, which means that asbestos fibers can’t escape. As such, asbestos fibers on board a ship are likely to dealt with by ship personnel.
You or a loved just one has just been diagnosed with Mesothelioma. Your mind and emotions are on a curler coaster ride, not understanding much if anything about this deadly cancer, and never knowing wherever to show for Mesothelioma monetary help. There is assist in the storm. Listed here are many methods to locate Mesothelioma monetary aid whenever you require it after being diagnosed with Mesothelioma.

Mesothelioma is a deadly cancer that’s the result of exposure to asbestos fibers, and this cancer can cut lifespan to a point of months from the onset of symptoms. Over recent years, the amount of mesothelioma instances coming to light has risen quite dramatically, as well as in line with this, the amount of mesothelioma litigations being filed has also increased. Due to mesothelioma lawsuits became such huge business, a lot law firms and lawyers now specialize during this area, generating it simpler for all those affected by this disease to obtain the legal assistance they have to file a mesothelioma lawsuit.

A diagnosis of mesothelioma because of industrial asbestos exposure may be daunting, both emotionally and logistically. A myriad of questions show up that may appear at initial difficult to locate answers for. This article serves as a guide to those most-often requested questions regarding mesothelioma and submitting a litigation coping with mesothelioma.

law

Rhode Island RI Personal Injury Law FAQS – Automobile – Car Accident – Damages – Pain & Suffering

Published

on

By

1) If I am injured in an automobile accident, what do I do?

Make sure you stop at the scene of the car accident and notify the police department immediately about the accident. If possible, please get all of the information about the other parties involved in the accident, including their name, address, telephone number and insurance information. Make sure you receive treatment for your injuries with a medical provider as soon as possible.

At the time of the accident, please get the names, addresses and phone numbers of any witnesses to the accident. If you have a camera or a cell phone with a camera, please take pictures of your automobile, the other automobile and the scene of the accident. If you have any bruises or physical conditions that are noticeable, please take pictures of the physical condition as soon as possible. Please do not give any statement to the insurance adjuster until you have had the opportunity to speak with an attorney.

2) How do I determine how much money I am entitled to as a result of the accident?

In order to determine the value of the case, the attorneys must look at a combination of factors, including lost wages, pain and suffering, permanency of the injury, any scarring or disfigurement, loss of consortium, periods of disability, etc. Determining the value of a case is an art rather than a science. The amount of the medical bills incurred will be one important factor in determining the value of the case.

3) Does Rhode Island have a statute of limitations for personal injury cases?

There is a three year statute of limitations to file a lawsuit for negligence in Rhode Island. If you do not file a lawsuit within three years from the date of the accident, you will be forever barred from filing a claim as a result of the accident. In the event that the claim is for personal injuries against a city or a town, there are very strict notice requirements.

4) What if I am injured and the other party is at fault but has no insurance?

You have the legal right to file a claim against the person or corporation whose negligence caused your injury. However, in many cases the negligent party does not have the assets or funds to be able to pay your damages. So long as you have uninsured or under-insured motorist protection, you will be able to file a claim against your own insurance company for uninsured or under-insured claims.

5) How do I recover if I am hit by a hit and run motorist?

If you have uninsured motorist protection with your own insurance carrier, you may be entitled to make a claim against your own insurance carrier.

Rhode Island Attorneys legal Notice per RI Rules of Professional Responsibility:

The Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer/ attorney as an expert or specialist in any field of practice.

Continue Reading

law

Advantages of the Cyprus Economic Zone For Russian Companies

Published

on

By

Nicosia, 27 June 2008 – Cyprus is one of the most advantageous places of residency for Russian and Ukrainian companies. It offers a high level of banking, auditing, accounting and legal services, as well as its real estates, which developed Cyprus into a successful international business and financial centre.

Some of the main factors and advantages which secure Cyprus ‘ attractiveness to international businesses and investments are the following:

1. 10% corporate tax rate for business profits;

2. No withholding taxes imposed on dividends, interest and royalties for non-residents (whether a company or an individual);

3. Income from dividends is exempt from income or corporation tax;

4. The attractive platform and tax regime that Cyprus provides for a holding company (i.e. subject to certain conditions full exemption from local taxation in respect of dividends received by a holding company from its local and foreign subsidiaries);

5. The attractive platform and tax regime that Cyprus provides for international trusts;

6. The network of favorable double taxation treaties that Cyprus maintains with more than 40 countries including Russia and most of the ex Soviet Union Republics;

7. Tax advantages available to non-residents including non – E.U. residents;

8. Cypriot tax regime permits losses to be carried forward indefinitely;

9. The geographic location of Cyprus, located at the crossroads of Europe, Asia and Africa;

One of the mentioned above factors is a double taxation treaty between Russia and Cyprus, which provides to Russians many tax advantages. Agreement was signed between Russia and Cyprus for the avoidance of double taxation with respect to taxes on income and capital, back on 17 August 1999. The treaty provides for either the exemption of income in the source country or the provision of tax credit in respect of the foreign tax paid by the country of tax residence.

Usually, Russian companies would pay 35 percent tax on profits, plus a 20 percent VAT tax, and a 40 percent tax for social security and employee benefits, in Russia. However, when Russian business is structured in a way that a Cyprus company owns it (which does not require any physical presence in Russia), all its profits will be legally transferred to Cyprus and is liable for only a 4.5 percent tax on profits and a 15 percent VAT tax. Russian business escapes the 40 percent tax for social services, accordingly. This tax advantage makes it possible to channel profits in the form of dividends at a reduced rate.

As for example, a Cyprus Holding company can be used for international investment purposes. Basically, it is use of the tax incentives and the treaties for the avoidance of double taxation. The most important advantage of a Cyprus Holding Company is that the dividends received by the foreign company can flow totally tax free in Cyprus through the Holding Company, avoiding in this way the payment of any tax on dividends. Furthermore, payments made to non-Cyprus Resident Shareholders there is zero (0) withholding tax, so the Shareholder receives the dividends absolutely tax free.

Payment of interest on loans is another advantageous method for Russian businesses. Under the Cyprus Law, Russian Company partly owned by Cypriot Company and paying its interest on loans to the Cypriot company, effectively minimizing its taxation. However, the interest payments are not necessarily will be paid to the Cyprus Company. It is the most effective method which allows Russian company to avoid almost all its tax payments.

Russian businesses which structured into a Cypriot companies for maintaining its business activities within territory of Russia, are able to transfer there revenue earned in Russia abroad in the form of dividends and interest, at considerable tax savings. Companies registered in Cyprus jurisdiction pay lower taxes than those paid in Russian jurisdictions.

All the above mentioned structures are based on “Cyprus economic zone” of reduced taxation and perfectly legal, furthermore its tax advantage may be enhanced even more when, under certain circumstances, is combined with other jurisdictions in appropriate legal structures.

In the last 30 years, Cyprus Law Firm has developed into a reputable international business and financial centre due to the very favorable tax regime that the island offers. The admission of Cyprus to the European Union as full member in May 2004, established Cyprus as a prestigious, stable and attractive jurisdiction.

Though the offshore company status was abolished as from January 1, 2003 the favorable tax regime for the international investor has been maintained. In addition, the liberalization of investments coming from non-EU countries and the abolition of maximum and minimum participation percentages in investments in all the sectors of the economy in October 2004 (unless it is otherwise provided by the Law), has transformed Cyprus into a major destination for the location of international, holding companies and worldwide investments.

Contact:

Olga Kosareva, NCI Law Group

[email protected]

T: +357-22-680670

Author: Ioannis John Neocleous

Continue Reading

law

International Law And The Right To A Healthy Environment As A Jus Cogens Human Right

Published

on

By

I. JURISPRUDENTIAL BACKGROUND AND THEORETICAL ISSUES

To date, traditional international law does not consider human environmental rights to a clean and healthy environment to be a jus cogens human right. Jus cogens (“compelling law”) refers to preemptory legal principles and norms that are binding on all international States, regardless of their consent. They are non-derogable in the sense that States cannot make a reservation to a treaty or make domestic or international laws that are in conflict with any international agreement that they have ratified and thus to which they are a party. They “prevail over and invalidate international agreements and other rules of international law in conflict with them… [and are] subject to modification only by a subsequent norm… having the same character.” (1) Thus, they are the axiomatic and universally accepted legal norms that bind all nations under jus gentium (law of nations). For example, some U.N. Charter provisions and conventions against slavery or torture are considered jus cogens rules of international law that are nonderogable by parties to any international convention.

While the international legal system has evolved to embrace and even codify basic, non-derogable human rights (2), the evolution of environmental legal regimes have not advanced as far. While the former have found a place at the highest level of universally recognized legal rights, the latter have only recently and over much opposition, reached a modest level of recognition as a legally regulated activity within the economics and politics of sustainable development.

1. The international legal community recognizes the same sources of international law as does the United States’ legal system. The three sources of international law are stated and defined in the Restatement (Third) of the Foreign Relations Law of the United States (R3dFRLUS), Section 102. The first source is Customary International Law (CIL), defined as the “general and consistent practice of states followed out of a sense of legal obligation” (3) (opinio juris sive necessitatus), rather than out of moral obligation. Furthermore, CIL is violated whenever a State, “as a matter of state policy,… practices, encourages or condones (a) genocide, (b) slavery… (c) the murder or causing the disappearance of individuals, (d) torture or other cruel, inhuman or degrading treatment… or (g) a consistent pattern of gross violations of internationally recognized human rights.” (4) To what extent such human rights need to be “internationally recognized” is not clear, but surely a majority of the world’s nations must recognize such rights before a “consistent pattern of gross violations” results in a violation of CIL. CIL is analogous to “course of dealing” or “usage of trade” in the domestic commercial legal system.

Evidence of CIL includes “constitutional, legislative, and executive promulgations of states, proclamations, judicial decisions, arbitral awards, writings of specialists on international law, international agreements, and resolutions and recommendations of international conferences and organizations.” (5) It follows that such evidence is sufficient to make “internationally recognized human rights” protected under universally recognized international law. Thus, CIL can be created by the general proliferation of the legal acknowledgment (opinio juris) and actions of States of what exactly constitutes “internationally recognized human rights.”

2. The next level of binding international law is that of international agreements (treaties), or Conventional International Law. Just as jus cogens rights and rules of law, as well as CIL, are primary and universally binding legal precepts, so do international treaties form binding international law for the Party Members that have ratified that treaty. The same way that some States’ domestic constitutional law declares the basic human rights of each State’s citizens, so do international treaties create binding law regarding the rights delineated therein, according to the customary international jus gentium principle of pacta sunt servanda (agreements are to be respected). Treaties are in turn internalized by the domestic legal system as a matter of law. Thus, for example, the U.N Charter’s provision against the use of force is binding international law on all States and it, in turn, is binding law in the United States, for example, and on its citizens. (6) Treaties are analogous to “contracts” in the domestic legal system.

Evidence of Conventional International Law includes treaties, of course, as well as related material, interpreted under the usual canons of construction of relying on the text itself and the words’ ordinary meanings. (7) Often, conventional law has to be interpreted within the context of CIL. (8) As a practical matter, treaties are often modified by amendments, protocols and (usually technical) annexes. Mechanisms exist for “circumventing strict application of consent” by the party states. Generally, these mechanisms include “framework or umbrella conventions that merely state general obligations and establish the machinery for further norm-formulating devices… individual protocols establishing particular substantive obligations… [and] technical annexes.” (9) Most of these new instruments “do no require ratification but enter into force in some simplified way.” (10) For example, they may require only signatures, or they enter into force for all original parties when a minimum number of States ratify the modification or unless a minimum number of States object within a certain time frame, or goes into force for all except those that object. (11) Depending on the treaty itself, once basic consensus is reached, it is not necessary for all to consent to certain modifications for them to go into effect. “[I]n a sense these are instances of an IGO [(international governmental organization)] organ ‘legislating’ directly for [S]tates.” (12)

3. Finally, rules of international law are also derived from universal General Principles of Law “common to the major legal systems of the world.” (13) These “general principles of law” are principles of law as such, not of international law per se. While many consider these general principles to be a secondary source of international law that “may be invoked as supplementary rules… where appropriate” (14), some consider them on an “footing of formal equality with the two positivist elements of custom and treaty”. (15) Examples are the principles of res judicata, equity, justice, and estoppel. Frequently, these rules are inferred by “analogy to domestic law concerning rules of procedure, evidence and jurisdiction.” (16) However, “while shared concepts of of internal law can be used as a fall-back, there are sever limits because of the characteristic differences between international law and internal law.” (17) Evidence of General Principles of Law includes “municipal laws, doctrine and judicial decisions.” (18)

Treaty provisions and their inherent obligations can create binding CIL if they are “of a fundamentally norm-creating character such as could be regarded as forming the basis of a general rule of law.” (19) A basic premise of this article is that the “relatively exclusive ways (of lawmaking) of the past are not suitable for contemporary circumstances.” (20) Jonathan Charney maintains that today’s CIL is more and more being created by consensual multilateral forums, as opposed to State practice and opinio juris, and that “[consensus, defined as the lack of expressed objections to the rule by any participant, may often be sufficient… In theory, one clearly phrased and strongly endorsed declaration at a near-universal diplomatic forum could be sufficient to establish new international law.” (21) This process should be distinguished conceptually as “general international law”, rather than CIL, as the International Court of Justice (ICJ) has often done.

In like vein, Professor Gunther Handl argues that all multilateral environmental agreements (MEAs) of “global applicability” create “general international law”:

“A multilateral treaty that addresses fundamental concerns of the international community at large, and that as such is strongly supported by the vast majority of states, by international organizations and other transnational actors,– and this is, of course, precisely the case with the biodiversity, climate, and ozone regimes, among others-may indeed create expectations of general compliance, in short such a treaty may come to be seen as reflecting legal standards of general applicability… and as such must be deemed capable of creating rights and obligations both for third states and third organizations.” (22)

Notwithstanding, Daniel Bodansky argues that CIL is so rarely supported by State action, that it is not customary law at all. “International environmental norms reflect not how states regularly behave, but how states speak to each other.” (23) Calling such law “declarative law” that is part of a “myth system” representing the collective ideals and the “verbal practice” of States, he concludes that “our time and efforts would be better spent attempting to translate the general norms of international environmental relations into concrete treaties and actions.” (24)

However, a review of the current status of international human rights and environmental law may reveal the mechanisms for raising environmental rights to the level of jus cogens rights. For example, the U.N. Convention on the Law of the Seas (UNCLOS), whose negotiation was initiated in 1972 and signed in 1982, was considered by most countries to be CIL by the time it came into force in 1994. (25)

II. CURRENT STATUS OF THE RIGHT TO A HEALTHY ENVIRONMENT No State today will publicly state that it is within its sovereign rights to damage their domestic environment, much less that of the international community, however most States do not guarantee environmental protection as a basic human right. Currently, environmental law is composed of mostly Conventional International Law and some CIL. The former relies on express consent and the latter on implied consent, unless a State avails itself of the Persistent Objector principle, which precludes it from being bound by even most CIL. Unlike for human rights and international crimes, there is no general environmental rights court in existence today. While the Law of the Sea Tribunal and other U.N. forums (e.g., the ICJ) exist for trying cases of treaty violations, non-treaty specific violations have no international venue at present. Italian Supreme Court Justice Amedeo Postiglione states that

“[T]he human right to the environment, must have, at the international level, a specific organ of protection for a fundamental legal and political reason: the environment is not a right of States but of individuals and cannot be effectively protected by the International Court of Justice in the Hague because the predominantly economic interests of the States and existing institutions are often at loggerheads with the human right to the environment.” (26)

Domestic remedies would have to be pursued first, of course, but standing would be granted to NGOs, individuals, and States when such remedies proved futile or “the dispute raises issues of international importance.” (27) For example, although the ICJ has an “environmental chamber” and U.S. courts often appoint “special masters” to handle these types of disputes, it is clear that the recognition of the human right to the environment needs an international court of its own in order to recognize such a right and remedy international violations in an efficient and equitable manner. (28)

III. THE JUS COGENS NATURE OF ENVIRONMENTAL RIGHTS Irrespective of specific treaty obligations and domestic environmental legislation, do States, or the international community as a whole, have a duty to take measures to prevent and safeguard against environmental hazards?

Human rights are “claims of entitlement” that arise “as of right” (31) and are independent of external justification; they are “self evident” and fundamental to any human being living a dignified, healthy and productive and rewarding life. As Louis Henkin points out:

“Human rights are not some abstract, inchoate ‘good’; they are defined, particular claims listed in international instruments such as the [U.N.’s] Universal Declaration of Human Rights and the major covenants and conventions. They are those benefits deemed essential for individual well-being [sic], dignity, and fulfillment, and that reflect a common sense of justice, fairness, and decency. [No longer are human rights regarded as grounded in or justified by utilitarianism,] natural law,… social contract, or any other political theory…[but] are derived from accepted principles, or are required by accepted ends-societal ends such as peace and justice; individual ends such as human dignity, happiness, fulfillment. [Like the fundamental rights guaranteed by the U.S. Constitution, these rights are] inalienable and imprescriptible; they cannot be transferred, forfeited, or waived; they cannot be lost by having been usurped, or by one’s failure to exercise or assert them.” (32)

Henkin distinguishes between “immunity claims” (such as ‘the State cannot do X to me’; the hallmark of the U.S. constitutional jurisprudential system) and “resource claims” (such as ‘I have a right to Y’) such that the individual has the right to, for example, free speech, “food, housing, and other basic human needs.” (33) In today’s “global village”, the Right to a Healthy Environment is clearly a “resource claim” and a basic human need that transcends national boundaries.

According to R.G. Ramcharan, there is “a strict duty… to take effective measures” by States and the international community as a whole to protect the environment from the potential hazards of economic development. (34) His position is that the Human Right to Life is a. jus cogens, non-derogable peremptory norm that by its very nature includes the right to a clean environment. This duty is clearly spelled out in such multilateral treaties as the UN Convention on Desertification, the UN Framework Convention on Climate Change, and the Convention on Biological Diversity. (35) It is expounded in the Stockholm, Rio and Copenhagen Declarations as a core component of the principle of Sustainable Development. It forms the basis of NAFTA’s, the WTO’s and the European Union’s economic development agreements, and the European Convention and the International Covenant on Civil and Political Rights (ICCPR), which has been ratified by most countries in the world, including the United States.

The Human Right to a Healthy Environment is explicitly contained in the Inter-American and African Charters, as well as in the constitution of over 50 countries worldwide. Whether it is based on treaties, CIL, or “basic principles”, the obligation of the international community to the environment is today clearly spelled out and enforceable through international tribunals. For example, the Lhaka Honhat Amid Curiae Brief recognized the rights of the indigenous peoples of Argentina to “an environment that supports physical and spiritual well being and development.” (36) Similarly, in a separate decision, the Inter-American Human Rights Commission upheld the right of the Yanomani in Brazil to a healthy and clean environment. (37) On a global level, the UN Human Rights Committee has indicated that environmental damage is “a violation of the right to life contained in Article 6(1) of the [ICCPR]”. (38)

Thus, today, the erga omnes obligation of States to take effective steps to safeguard the environment is a duty that no State can shirk or ignore. If it does, it runs the risk of prosecution by international courts and having to institute measures commensurate with its responsibility to protect its share of the “global commons”. Interestingly, the concept of jus cogens emerged after World War II as a response to the commonly held view that the sovereignty of States excused them from violating any of the then so-called CILs. According to Black’s Law Dictionary, “there is a close connection between jus cogens and the recognition of a ‘public order of the international community’… Without expressly using the notion of jus cogens, the [ICJ] implied its existence when it referred to obligations erga omnes in its judgment… in the Barcelona Traction Case.” (39)

IV. THIRD GENERATION HUMAN RIGHTS AND THE ENVIRONMENT Is environmental protection is an erga omnes obligation, that is, one owed to the international community as a whole as a jus cogens human right?

In a separate opinion to the Case Concerning the Gebecikovo-Nagymaros Project (Hungary v. Slovakia), Judge Weeramantry, the Vice President of the ICJ, expounded on the legal basis for sustainable development as a general principle of international law. In the process, he concludes that environmental protection is a universal erga omnes legal norm that is both CIL as well as a general principle of law per se. In Gebecikovo, ostensibly to have been decided upon the merits of the treaty governing the building of power plants along the Danube, as well as by international customary law, the ICJ held that the right to development must be balanced with the right to environmental protection by the principle of sustainable development. Even in the absence of a specific treaty provision, the concept of sustainable development has become a legal principle that is “an integral principle of modem international law”. (40)

Sustainable development is also recognized in State practice, such as the Dublin Declaration by the European Council on the Environmental Imperative. (41) As such, sustainable development has in effect been raised to the level of CIL.

For example, the Martens Clause of the 1899 Hague Convention Respecting the Laws and Customs of War on Land has been interpreted in 1996 by Judge Shahabudeen of the ICJ as providing a legal basis for inferring that general principles rise above custom and treaty, having their basis in “principles of humanity and the dictates of public conscience”. (42) According to Weeramantry, “when a duty such as the duty to protect the environment is so well accepted that all citizens act upon it, that duty is part of the legal system in question… as general principles of law recognized by civilized of nations.” (43)

Sustainable development acts as a reconciling principle between economic development and environmental protection. Just as economic development is an inalienable right of States’ self-determination, environmental protection is an erga omnes obligation of all States for the benefit of the global commons that all share. “The principle of sustainable development is thus a part of modern international law by reason not only of its inescapable logical necessity, but also by reason of its wide and general acceptance by the global community”, and not just by developing countries. (44)

Drawing upon the rich history of diverse cultures’ legal systems and what he calls “living law”, Judge Weeramantry points out that traditional respect for nature has been a guiding moral and legal principle for economic development throughout history. The ICJ has also recognized these principles in such previous decisions as Barcelona Traction, Light and Power Company, Ltd. (Belgium v. Spain) in 1972. (45) Judge Weeramantry concludes that the “ingrained values of any civilization are the source from which its legal concepts derive… [and that environmental protection is] among those pristine and universal values which command international recognition.” (46)

The first generation of Human Rights were those declared by the “soft law” of the Universal Declaration of Human Rights: “Everyone has the right to life liberty and security of person.” Art. 3. It was modeled on the U.S. Bill of Rights and the American Declaration of Independence. This was echoed in the binding ICCPR (“Every human being has the inherent right to life.”, ICCPR, Art. 6(1) (1966)), which the U.S. has ratified, and the American Convention on Political and Civil Rights of the Inter-American System (which draws direct connections between human rights and environmental rights).

The second generation of human rights emerged with the Economic, Social and Cultural (ECOSOC) Rights developed in such treaties as the International Covenant on Economic, Social and Cultural Rights (ICESCR; which the U.S. has not ratified), and many foreign State’s Constitutions (e.g., Germany, Mexico, and Costa Rica). These include the right to free choice of work, to (usually free) education, to rest, leisure, etc. Highly complied with in Europe, these rights have additionally been expanded by the EU in their European Social Charter (1961) creating much legislation for the protection of workers, women, and children.

The third and current generation of human rights has emerged from the Eco-Peace-Feminist Movement. These include the Right to Development, the Right to A Safe Environment and the Right to Peace. In essence, this third generation of rights addresses the problem of poverty as a social (and hence legally redressable) ill that lies at the core of environmental problems and violations. The “environmental justice” movement considers cases that demonstrate that environmental pollution is disproportionately prevalent in minority communities, whether at a local or international level. Authors John Cronin & Robert F. Kennedy, Jr., have explicitly entitled their study of environmental pollution along the Hudson River The Riverkeepers: Two Activists Fight to Reclaim Our Environment as a Basic Human Right. (47) This predominantly U.S. movement focuses on “environmental racism” as a means for seeking remedies or the disproportionate pollution of minority communities as violations of current civil rights legislation by “exploring] the use of the nations’ environmental laws to protect the rights of the poor.” (48)

V. RECOGNITION, COMMITMENT AND ENFORCEMENT OF A RIGHT: THE MONTREAL PROTOCOL AS A MODEL FOR CONSENSUS BUILDING The key mechanisms for establishing binding international law are recognition of an obligation or right, commitment to its protection, and effective enforcement methods. The Montreal Protocol on Substances that Deplete the Ozone Layer is the “most important precedent in international law for the management of global environmental harms.” (49) It serves as a model for many other environmental concerns that require decision-making in the face of scientific uncertainty, global non-consensus, and high harm-avoidance costs. It was the first international “precautionary” treaty to address a global environmental concern when not even “measurable evidence of environmental damage existed.” (50) Although ozone depletion by chloro-fluorocarbons (CFCs) and other ozone depleting substances (ODSs), and the attendant harms of overexposure to harmful ultraviolet radiation, had been suspected by scientists in the early 1970s, it was not until 1985 and the Vienna Convention for the Protection of the Ozone Layer that international action was taken to address the problem.

THE VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER At the time of the Vienna Convention, the U.S. represented over 50% of the global consumption of CFCs in a $3 billion market for aerosol propellants alone. Overall, CFC products represented a $20 billion market and about a quarter of a million jobs in America alone. (51) The Clean Air Amendments of 1977 and the 1978 EPA ban on all “non-essential” uses of CFC in aerosol propellants was quickly followed internationally by similar bans by Sweden, Canada and Norway. (52) These actions were a direct response to consumer pressure and market demands by newly environmentally-conscious consumers.(53) Incentives were also provided to the developing countries so that they could “ramp up” at reasonable levels of reductions. (54)

Creative ratification incentives included requiring only 11 of the top two-thirds of CFC producing countries to ratify and bring the treaty into force. (55) As a result of such flexibility, innovation, consensus and cooperation, the Montreal Protocol has been hailed as a major success in international diplomacy and international environmental law. Today almost every nation in the world is a member (over 175 States).

THE LONDON ADJUSTMENTS AND AMENDMENTS OF 1990 By 1990 scientific confirmation of global warming and the depletion of the ozone layer led to the London Adjustments and Amendments. Again, U.S. companies such as Dupont, IBM and Motorola reacted to massive negative media attention and promised to halt complete production by 2000.

Non-compliance procedures were made even more user friendly and no sanction for non-compliance was initiated against a country that was failing to reach quotas while acting in good faith. Technology transfer was made in a “fair and favorable way”, with developed countries taking the lead in assisting developing countries reach compliance. (56) The U.S. instituted “ozone depletion taxes” which did much to get more comprehensive compliance, as well as promoting research into CFC alternatives. (57) To emphasize the vast enforcement mechanisms employed, consider that by early 1998 the U.S. Justice Department had prosecuted 62 individuals and 7 corporations for the illegal smuggling into the emergent CFC black markets. Despite an international crackdown by the FBI, EPA, CIA, and Interpol in the global police effort Operation Breeze, 5 to 10 thousand tons are smuggled annually into Miami alone, second only to cocaine smuggling. (58) In 1992 the Copenhagen Amendments required every State party (practically the whole world) to institute “procedures and institutional mechanisms” to determine non-compliance and enforcement. (59)

VI. CONCLUSION: CRITICAL WEAKNESS OF THE CURRENT SYSTEM AND THE LEGAL CONSEQUENCES OF THE RIGHT TO A HEALTHY ENVIRONMENT AS A BASIC HUMAN RIGHT

The critical weaknesses of the existing system include self-serving pronouncements by non-complying States, lack of effective enforcement mechanisms, political limitations such as State sovereignty and the “margin of appreciation”, and the lack of universal consensus on basic human rights terminology and their enforcement. As long as States can ignore commonplace violations of human rights (sporadic instances of torture, occasional “disappearances”) and shun the edicts of human rights judicial decisions, there can be no effective system of international human rights enforcement. Currently, unless a State commits such outrageous acts on a mass scale that affects world peace, such as in Yugoslavia and Rwanda, it can often evade its responsibilities under international human rights treaties.

There are few international agreements that admit of universal jurisdiction for their violation by any State in the world. All CIL, however, is by its very nature prosecutable under universal jurisdiction. “Crimes against humanity” (e.g., War Crimes, genocide, and State-supported torture) are universally held to be under universal jurisdiction, typically in the International Court of Justice, ad hoc war crime tribunals, and the new International Criminal Court.

While interpretive gaps exist, it is not inconceivable that the right to a healthy environment can be extrapolated from current international environmental treaties and CIL. At the treaty level, the protection of the environment appears to be of paramount importance to the international community. At the level of CIL, there is much evidence that the right to a healthy environment is already an internationally protected right, at least as far as trans-boundary pollution is concerned. In any case, it seems to be universally held that it should be protected as a right. The impression is that there is an unmistakable consensus in this regard. “Soft law” over time becomes CIL.

The U.N. World Commission on Environment and Development released the Earth Charter in 1987. It has yet to be fully implemented on a global scale. Its broad themes include respect and care for the environment, ecological integrity, social and economic justice and democracy, nonviolence and peace. (60) The argument can be made that by now, protection of the environment has reached the threshold of Customary International Law. Whether the nations of the world choose to thereafter recognize the right to a healthy environment as a jus cogens human right will depend on the near universal consensus and political will of most of the nations of the world. Until then, as long as human life continues to be destroyed by “human rights ratifying” nations, how much enforcement will be employed against violators of environmental laws when the right to a healthy environment is not upheld as a basic human right remains to be seen. It will take the cooperation of all nations to ensure that this becomes a non-derogable, unalienable right and recognizing it as essential to the Right to Life.

1. Restatement (Third) of the Foreign Relations Law of the United States, § 102 cmt. k (1987).

The elements can also be found in the Vienna Convention, Article 53.

2. For example, the Right to Life, to be Free from Torture, Genocide, and Murder.

3. R(3d)FRLUS § 102(l)(a) and cmt. h.

4. Id., § 702 (my emphasis).

5. Mark W. Janis, An Introduction to International Law 6 (3d. ed, Aspen Law & Business 1999).

6. R3dFRLUS § 102(2).

7. Janis, supra.

8. David Hunter, et al., International Environmental Law and Policy, p. 306 (2d. ed., Foundation Press 2002).

9. Paul Szasz, International Norm Making, in Edith Brown Weiss, Ed., ENVIRONMENTAL CHANGE IN INTERNATIONAL LAW (1995), as quoted in Id, p. 307.

10. Id.

11. Id.

12. Id.

13. R3dFRLUS § 102(l)(c), as presented in Donoho, supra.

14. Supra, R3dFRLUS §102(4).

15. Shabtai Rosenne, Practice and Methods of International Law 69 (1984), as quoted in Hunter, Id, p. 317.

16. Hunter, supra, p. 316 (Foundation Press 2002).

17. Id, p. 316.

18. Janis, supra, p. 29.

19. Id, p. 312.

20. Jonathan Charney, Universal International Law, 87 Am.J.Int’l.L. 529, at 543-48 (1993), as quoted in Hunter, supra, p. 322.

21. Id.

22. Gunther Handl, The Legal Mandate of Multilateral Development Banks as Agents for Change Toward Sustainable Development, 92 Am.J.Int’l.L. 642, at 660-62 (1998), as quoted in Hunter, supra, p. 324.

23. Daniel Bodansky, Customary (and Not So Customary) International Environmental Law, 3 Ind. J. Global Legal Stud. 105, 110-119 (1995), as quoted in Hunter, Id.

24. Id.

25. Id, p. 659.

26. Amedeo Postiglione, The Global Environmental Crisis: The Need for and International Court of the Environment, ICEF INTERNATIONAL REPORT at 33-36 (1996), quoted in Hunter, supra, p. 495.

27. Id., p. 496.

28. Id.

29. Id, p. 1298.

30. Id, p. 1299.

31. L. Henkin, “The Human Rights Idea”, The Age of Rights (reprinted in Henkin, et al., Human Rights, 1999), as presented in Donoho, supra, p. 14-16.

32. Id.

33. Id.

34. The Right to Life, p. 310 (The Hague, 1983), quoted in Hunter, supra, p. 1297.

35. Hunter, supra, p. 341.

36. Id, p. 1299.

37. Id, p. 1294.

38. Id, p. 1295.

39. Black’s Law Dictionary, p. 864. (West 1999).

40. Hunter, supra, p. 339-341.

41. Id, footnotes 1 through 6, pp. 341-342.

42. Id, pp. 317-318.

43. Id, p. 345.

44. Id, p. 342.

45. Id, p. 315.

46. Id, p. 344.

47. In particular, see pages 35, 38, 159, 162, 177-199 and 221 (Scribner 1997).

48. New York Law Journal, January 1993, Friday, ENVIRONMENTAL LAW, p. 3. See also, DISCUSSION: REFLECTIONS ON ENVIRONMENTAL JUSTICE, 65 Alb. L. Rev. 357, 2001.

49. Hunter, supra, p. 526.

50. Id, p. 527, quoting Richard Benedick, Ozone Diplomacy 2 (1998)

51. Id, p. 532.

52. Id, p. 535.

53. Id, p. 542.

54. Id, p. 545.

55. Id.

56. Id, p. 550-54.

57. Id, p. 562.

58. Id, p. 559.

59. Id, p. 566-67.

60. Roland Huber, International Environmental Law Seminar: Human Rights and the Environment, p. 24, in Donoho, Douglas L., INTERNATIONAL HUMAN RIGHTS (printed by the Shepard Brad Law Center, Nova Southeastern University, 2002).

Continue Reading

law

Choosing The Right LED Or Reflective Film Enabled Traffic Signs

Published

on

By

We must all have seen many traffic signs on the roads when we commute to work every day. These signs include directions, warnings, alerts, caution about danger zones and just about every other information that will let you know if you can travel in that route or not. When you want to buy traffic signs for your property or commercial/residential establishment, you have to watch out for a lot of things. The first one would be visibility. What purpose would it fulfil if you install a traffic sign that cannot be read by all? Next, you need to decide on the materials that will make your sign look brighter. LED bulbs, with their great energy saving capacity and high efficiency, are one of the first choices of owners these days. You could also print your traffic signs on huge reflective films and get them stuck on hoardings in key areas. Here are a few points that you need to keep in mind when you choose these traffic signs.

Reflective films

When you are looking for a perfect traffic sign printing solution, you need to be clear on the answers to the following concepts:

a. How do you plan to use your traffic signs and would you like to specialise in a core traffic-regulated market? Are you looking to print only traffic signs or other things as well?

b. What should would you like your sign to be printed on? Do you want a mix of printing that will enable printing on sheets and rolls or do you want only one of those?

c. What kind of reflective film would you need to print your sign on? How much of ink adhesion are you looking at?

LED Signs

LED Traffic Signs are quite powerful and are very durable as well. These signs have great visibility and can be used to denote various alerts for road users. If you are looking for a LED-powered traffic signboard, you need to be aware of the following concepts:

a. How many LEDs are required in a sign? You should know that when you use more LEDs, the number of pixels in your sign goes up and increases the visibility of your sign from a long distance. When you choose lesser number of LEDs for your signs, they become weak and non-comprehendible.

b. From how far would the signs be viewed by the road users? This is an important point to remember because, if your signs are located close to the traffic, they will be viewed from a very close distance. Hence, you don’t have to invest in lots of pixels to make your sign huge and bright.

How much should be the ideal budget for this? LED bulbs consume very little energy and have a long life. This makes them costlier than the other fluorescent bulbs. Therefore, it is highly recommended to spend judiciously and invest on these signs only after clearly assessing the viewing angles, so that you don’t waste money on a sign that could have been in a smaller and cheaper way.

Continue Reading

law

5 Major Types of Accidents You Can Claim Compensation For

Published

on

By

The myth that you are safe once away from the accident prone zone such as road or industry is proved when even the most innocent looking circumstances become the reason for the unforeseen accidents. Here are the 5 major types of accidents which might lead to claim for a compensation.

Workplace accidents

Accidents well never forewarn you. Workplaces are deceptive places which however seemingly safe, are the locations for maximum number of accidents reported in the UK. Workplace accidents can be simple burns, cuts or lacerations and sometimes even fatal.

It is mandatory that your employer gives you protection against these through employee’s insurance. However, while claiming accident compensation the insurance company will pay you the insurance money along with the damages incurred by you.

Usually personal injuries that are seen in workplace accidents are slip, trip and fall, which might lead to back, neck and head injuries, cuts and lacerations. Repetitive strain injuries such as carpal tunnel syndrome, vibrations to body parts, etc. are common in ergonomically uncomfortable workplaces.

Road and vehicular accidents

Road accidents while on job are common for those who are in sales or delivery jobs. This causes injuries such as whiplash, neck injuries, back injuries, spinal cord injuries, loss of body parts, loss of hearing, loss of eye sight and in worst cases, death.

In road accidents, it is best to talk to a accident lawyer before making any claim. There might be twists and turns of the laws that you might not be aware of when to comes to road accidents. Since the company is no way involved in this and this seems to have happened away from the factory of office premises, there might be legal implications that you need to clear. Also, talking directly with the insurers without any of this knowledge will only create trouble for you. you might even lose potential chunk of the compensation.

Diseases

Contracting diseases due to workplace chemicals or agents is another serious condition that takes many years to detect and requires high amount of compensation. Most of these cases end up in permanent damage or death. They involve changing of jobs which is very stressful for most people.

Faulty product and machinery

Accidents due to faulty machines and products are less, but not uncommon. People get allergies from products, burns from faulty electronics and many more. The product manufacturer is guilty and can be charged for compensation for the loss. Letting an expert lawyer do this will be of less headache to you.

Sports injury

Most neglected topic is sports injuries. This is not just for the sports stars, but also for aspirants who train hard and meet with accidents that ends up ruining their career in sports. Broken arms, legs, ligament tears all are claimable.

Hire proper accident injury compensation lawyers to win your case claim compensation.

Continue Reading

law

Increasing Asbestos Awareness And Reducing Exposure Risk With Notifiable Non-Licensable Work

Published

on

By

The Health and Safety Executive (HSE) estimate that there are still some four million properties around the UK, which are likely to contain hidden asbestos materials, and often encountered in a friable ( fragile and disintegrating) condition. Any attempt to remove can result in fibres becoming airborne and inhaled by anyone in close proximity, from home owner or tenant, company employee to public visitors, as well as building and demolition workers.

It is frequently reported that still far too many firms seem to possess little or no asbestos awareness or training to correctly deal with the potential health risks. To minimise time and costs, the health and safety procedures are often simply ignored when existing building materials found to contain asbestos (ACMs) are dismantled and disposed of alongside standard building waste.

The Control of Asbestos Regulations 2012, which came into force on the 6th April, updates previous asbestos regulations by implementing EU Directive 2009/148/EC, and targets changes at around three quarters of a million workers in companies involved with non-licensable asbestos work. From now on, the “Non-Licensable” category of asbestos work will be divided into two with an additional category, to be known as “Notifiable Non-Licensable Work” (NNLW).

According to the HSE, ” All non-licensed work is required to be carried out with the appropriate controls in place. Employers will also have an obligation for notifiable non-licensed work (NNLW)”, which means they must:

  • Notify work with asbestos to the relevant enforcing authority.
  • Ensure medical examinations are carried out.
  • Maintain registers of work (health records).

The process involves specifying whether a type of asbestos work is either licensable, NNLW or non-licensed work in each case. To do this, a risk assessment must be carried out first to identify the type of asbestos-containing material (ACM) and an evaluation of its condition.

If the work is exempt from the need for a licence, it must be then determined if it is notifiable non-licensed work or just non-licensed work. The HSE advise that the key factors to consider are based on the type of work planned, whether maintenance, removal, encapsulation, or air monitoring and the collection and analysis of asbestos samples.

Identifying asbestos type is crucial. Although the most toxic forms were banned from use in 1985, white chrysotile asbestos fibres continued to be incorporated into a variety of building materials, including insulation wallboard (AIB), cement roofing, surface coatings and sprayed insulation, tiles and soffits, infill and adhesive tapes, etc. An import ban on chrysotile in 1999 was followed by a full ban in 2005. However, it must be assumed that any property built or renovated at any time until the end of the twentieth century has to be suspected of containing asbestos material.

Asbestos found in a fragile, friable condition is particularly prone to release fibres and is liable to be designated NNLW while work which disturbs the least friable materials e.g. asbestos cement can normally be treated as non-licensed work. Encapsulated asbestos, such as cement, paint or plastic, which are considered to be firmly bonded in a matrix, are more likely to be found in good condition and can usually be treated as non-licensed work.

The ever present risk is the disturbance and breathing in of asbestos fibres. Once ingested they embed in the lung linings and can eventually cause asbestosis disease or form the deadly incurable tumours of mesothelioma cancer.

A long gestation period of between 15 to 50 years is known to elapse before the first asbestosis symptoms appear, by which time, the disease may have spread to adjacent tissues or organs. A patient’s survival rate after a conformed diagnosis can be less than 6 months.

Under the requirements of the NNLW, the HSE requires ” brief written records should be kept of non-licensed work, which has to be notified, e.g. copy of the notification with a list of workers present on-site, plus the level of likely exposure of those workers to asbestos”.

By April 2015, each and every worker who is exposed to asbestos must be under medical “surveillance” every three years. The employer must maintain a register for each worker, which records the type and duration of work carried out with asbestos and is to be retained for at least 40 years along with copies of all medical reports.

The HSE state that ” Workers who are already under health surveillance for licensed work need not have another medical examination for non-licensed work but medicals for notifiable non-licensed work are not acceptable for those doing licensed work”.

With more than 1.8 million people annually exposed each year to asbestos and at least 2,000 cases of mesothelioma diagnosed annually, the new Regulations are an attempt to reduce disregard for health and safety on property renovations when there is still a potential hazard from exposure to asbestos.

Continue Reading

law

WSIB – The Importance of Knowing Your Rights If You Have a Asbestos-Related Disease

Published

on

By

Are the rates of asbestos disease increasing in the U.S? The answer is definitely yes.

Asbestos-related diseases are increasing in the United States and in some other countries, and this is because asbestos workers were exposed to this mineral, which is the main risk factor for developing the disease. The Workplace Safety and Insurance Board (WSIB) helps you to find out if you are entitled to compensation if you worked and were exposed to asbestos.

This is important, because when you are sick you do not have time to think of your disease causes, since you never thought of being ill with pain and even with so much danger to your health.

In Ontario, Canada, exists a Workplace Safety and Insurance Board (WSIB) that oversees your state’s workplace safety education and training system, provides disability benefits, monitors the quality of health care, and assists in early and safe return to work.

The most exposed workers to the risk of developing an asbestos-related disease are power plant workers, asbestos and talc miners, shipyard workers, auto break mechanics, demolition workers, pipe fitters, insulation workers, boilermakers and workers who make products which contain asbestos, such as firebricks, fire-retardant paint and asbestos cement.

The most common asbestos-related diseases are asbestosis, mesothelioma, benign pleural diseases, pleural plaques and lung cancer.

A cure does not exist for most of the above mentioned diseases, but there are treatments such as chemotherapy or radiotherapy, as for other types of cancer pathologies. There are also different ways of prevention the high risk of inhaling asbestos fibers when you work with this material.

Continue Reading

law

Mexican Tourist Auto Insurance – Tips on How to Purchase Insurance For Mexico

Published

on

By

Congratulations – you are embarking on an exciting road trip adventure to Mexico. You have your vehicle tuned and all of your gear packed, and now it is time to purchase your Mexican tourist auto insurance. Your Mexican auto insurance coverage decision could be the most important decision you make, but unfortunately it is often one of the most rushed and least researched decisions that many Mexico travelers make. Do not make the mistake of assuming that all Mexican insurance is the same, because the differences in insurance coverages and benefits can vary tremendously between Mexico insurance companies. Even though researching insurance coverage is not very exciting for most people, this article will show you how 5 to 10 minutes of research on the internet could save you thousands of dollars and many frustrating hours if you were to actually need to use your Mexico insurance to pay for a loss.

Use the internet to quote and purchase Mexican tourist auto insurance

The vast majority of Mexican auto insurance is now purchased directly from the internet. There are a number of websites that sell Mexico insurance, and buying your insurance from the internet makes a lot of sense for the customer. Would you rather wait till the last minute to buy your insurance at the border, or would you prefer to buy your insurance from the convenience of your own computer before you leave on your trip to Mexico? Most customers prefer to get their insurance taken care of ahead of time.

The best websites to buy your Mexico insurance from are ones that offer multiple Mexico insurance companies. This allows you to do comparison shopping through one website instead of filling out multiple quotation forms on multiple websites. One good Mexican insurance website with a comparison insurance rater will save you a lot of time and confusion.

Which websites can be trusted?

Before getting your insurance quote, make sure to look for a valid insurance license and contact information. Also, you may want to look for a ‘Surplus Lines Broker’ license number. A surplus lines broker is an insurance broker who has a direct contract with the Mexican insurance companies and is licensed to sell foreign insurance coverage within the United States. A surplus lines broker license is a good sign that the website is run by a company who specializes in Mexico insurance. If the insurance license is not a surplus lines broker license, this means the website is most likely run by an insurance agent who is selling through a surplus lines broker. This does not mean the products on the website are not valid, but you may not receive the same level of customer service as you would from a surplus lines broker who specializes entirely in Mexican insurance. You may also want to look for a Better Business Bureau listing and some sort of internet security approval such as Hacker Safe or McAfee Secure to ensure that your information will be secure during your internet transaction.

Mexico insurance coverage to look for

Once you have selected a website that sells Mexico tourist auto insurance, you will fill out the quick insurance quote form. Within a minute, you should be able to get a firm quote and begin researching the benefits of the insurance products offered. Remember, this will be a much quicker and streamlined process if you use a website that offers multiple competing insurance companies all under one quoting system (a comparative quote rater).

Look for a chart below or above the insurance prices that clearly explains exactly what the Mexico insurance limits are and what is actually covered. In this chart, you will want to look at the following categories:

Deductibles: The best Mexican insurance policies will offer fixed deductibles, meaning the deductibles will be locked at a set amount regardless of what the value of your vehicle is. Some of the less expensive policies will base deductibles on a percentage of the vehicle value. If the vehicle’s value is less than $20,000, percentage based deductibles may be fine, but when vehicle values get up in the $30,000 range or higher, the percentage based deductibles can get very high. If the website does not specifically list the deductibles, you should not use that website!

US Hourly Labor Rates for Repairs Made in the US or Canada: In the old days, most Mexican auto insurance companies tried to make customers repair their vehicles in Mexico. Repairs made in Mexico instead of the US were often much less expensive for the Mexican insurance companies, and many customers were unwilling to leave their car in Mexico, so the company got out of paying these claims. Today, many of the better Mexico insurance programs allow you to fix your vehicle in the US or Canada if you wish. The catch is that some of the less expensive Mexican insurance programs will only pay a limited hourly labor rate for repairs made in the US (some as low a $20 per hour). This means the customer would have to pay the difference in hourly labor rates out of their pocket. The best Mexican insurance programs will pay very high US labor rates such as $70 per hour or state that they will pay whatever the current US hourly labor rate is. These policies could significantly minimize your out of pocket expenses in the event of a claim. If the Mexico insurance website does not specify if repairs in the US are allowed or what the hourly labor rate is, do not use that website to purchase your Mexican insurance!

Vandalism and Partial Theft Coverage: Vandalism and partial theft (meaning only part of the car is stolen such as the tires, door panels, etc) is typically not covered by standard Mexican auto insurance. In the past few years the higher quality Mexican insurance programs have started to offer this coverage in their enhanced coverage programs. If you want to protect yourself against as many types of losses as possible, you should look for this coverage.

Liability Limits: This is the portion of the Mexican insurance policy that pays for damages you cause to third parties. This coverage is essential when traveling in Mexico. Most people in the industry feel that $50,000 worth of liability insurance is probably the minimum you should consider. Some of the best Mexican insurance programs will go up to $300,000 combined single limit (a lump sum for property damage or bodily injury damages), but it will also increase the insurance premium. Some customers wish to carry these higher limits to work in tandem with their US umbrella liability policies. You may want to ask your US insurance provider if your umbrella insurance will recognize your Mexico auto insurance as a primary coverage.

Medical Payments: This is the portion of the Mexico insurance policy that pays for medical costs for you and your passengers (people inside your vehicle). $2,000 per person with a total of $10,000 per accident is the lowest limit you should consider, but many policies will offer much higher limits. Some of the better policies will also increase this amount if you are hit by an uninsured motorist who is at fault. You may want to check with your US or Canadian health insurance provider to make sure they will cover you for medical costs incurred while traveling in Mexico. If not, you may also want to research an international health insurance plan – but that is a different subject.

Legal Service: Make sure your Mexico insurance includes legal service or legal assistance. This coverage will pay for any court costs, attorney fees, or bail payments that are a result of a traffic accident in Mexico. The service will also dispatch a legal representative to hold your hand through any legal procedures. This coverage is absolutely essential, so do not purchase any Mexico auto insurance that does not include this coverage!

Road Assistance: Most of the better Mexico insurance companies will include some level of road assistance that will cover towing expenses, flat tires, locksmith, and other services. This is a great coverage to have, so make sure this is included with your Mexico insurance policy.

Medical Evacuation: As the market for Mexican insurance becomes more competitive, many Mexico carriers are now bundling in extra special coverages to make their products stand out. When medical evacuation is automatically included with your Mexico auto insurance, it is an incredible value and convenience. This coverage will coordinate and pay for air or land ambulance services in the event of ‘grave illness or injury’. This means life threatening or very serious illnesses or injuries. Purchasing a medical evacuation program on your own will often cost hundreds of dollars per year, and can often have many limitations. The quality Mexico auto insurance programs that bundle in the medical evacuation coverage will usually cover multiple people in your travel group automatically up to four or more people. Make sure to look for how many people are covered by the medical evacuation. If the amount of people covered is not listed in the insurance quote details, you can assume that the medical evacuation may only cover the driver. Other websites do exist that specifically cover 4 or more people in your travel group, so it is highly recommended that you look for websites that offer this broader medical evacuation coverage.

Plane Tickets Home: Another great benefit that many of the better Mexico insurance websites are offering is plane tickets home in the event that your car is stolen or not drivable. This can save you thousands of dollars, and alleviate the nightmare of needing to coordinate your transportation back to your home from Mexico. If this benefit is offered, make sure to see for how many people the policy will provide plane tickets home. If plane tickets home is not listed, or the website does not specify how many people are covered, you should check a different website. A few websites do offer coverage for four people or more in your travel group.

When in doubt, call the website customer service phone line for help

The reputable Mexico insurance websites will encourage you to call their customer service departments if you have questions about the Mexico insurance. If nobody answers the phone, or does not call you back within a few minutes (during normal business hours), you may not want to purchase your insurance from that website! Most Mexico insurance websites are like ATM machines. The website is there for your convenience if you want to write the policy yourself, but you are also welcome to call the website customer service insurance agents and have the agents write the policy for you over the phone.

If you check for each of these insurance coverages and website features while shopping for Mexican auto insurance on the internet, you are guaranteed to purchase the best insurance for your situation. Five to ten minutes of research could save you thousands of dollars and hours, if not weeks, of headaches in the event that you need to file a Mexican insurance claim. Be safe, and have fun in Mexico!

Continue Reading

law

Information About Hip and Pelvis Injury Compensation

Published

on

By

The hip is a joint that connects our upper leg bones to our pelvis, giving us mobility. Our hip and pelvic bones are constantly at work for us, even when we are sleeping. Whether managing your everyday responsibilities or relaxing after they’re done, your hips are always playing a role in what you are doing with your body. They are a major component to your body’s overall stability, comfort, and physical capabilities. This explains why injuries to these areas are often very inconvenient and extremely painful.

Although most common in elderly patients, young to middle-aged adults and children can also be at risk for pelvic and hip injuries if they are involved in a serious accident. The most common types of accidents that cause severe pelvis and hip injuries include motor vehicle accidents, slip and falls, motorcycle accidents, pedestrian accidents, and even bicycle accidents. When a person is injured in such an accident as a result of another person’s carelessness, they are likely eligible for legal compensation. At this time, it would be in their best interest to hire an experienced personal injury lawyer for help with filing a claim against a wrongful party. They will develop an impactful case to profile the type of injuries their client suffered, and how it has negatively affected their overall health and quality of life. This will be the foundation of determining the amount of compensation that should be paid to the victim for their losses and damages.

Types of Pelvic Injuries

There are several types of hip and pelvic injuries, all of which are generally accompanied by muscle bruising and ligament sprains as well. They are all extremely painful, and can restrict a person’s mobility for months on end depending on the severity of the damage. Here are some of the most common hip and pelvic injuries seen as a result of negligent accidents:

Dislocations

Hip dislocations occur when an impact causes the ball-shaped head of the femur bone to come out of the cup-shaped acetabulum set in the pelvis. They are a very common injury among slip and fall victims, and victims of traffic accidents. It is unimaginably painful, and renders a victim immobile instantly. It can also cause nerve damage, resulting in numbness of the leg, foot, and ankle.

Hip Sprains

Hip sprains are serious muscle tears in the ligaments that support the hip joint. They occur when the ligaments are stretched past their limit and tear. This type of injury is tremendously painful, and can also result in bruising and swelling of the hip and pelvic area. It can take several weeks to heal, during which mobility is mostly restricted. Slip, trip, and fall accidents are common causes of hip sprains, but they also occur regularly in vehicle accidents and workplace accidents.

Pelvic Fractures

Pelvic fractures are among the most serious hip and pelvis injuries a person can sustain. This is because they have the potential to seriously change a person’s life forever. Some pelvic fractures comes with life-long consequences, or permanent complications. If the injuries are not permanent, they are still extraordinarily painful and are accompanied with months, or even years, of rehabilitation and healing. Painful physical therapy, loss of mobility, long-term medical care, and more are just a few circumstances a patient will face after fracturing their hip. Since the reproductive organs are in this area, more serious pelvis fractures can cause infertility, impotence, and sterility.

Hip Bursitis

One of the most common causes for hip pain, hip Bursitis is the inflammation of the bursa. The bursa is a fluid-filled sac that reduces friction between muscle tissues by providing a gliding surface. Although most cases can be treated at home with proper care and pain medication, they are very painful and can takes weeks or months to heal completely.

If you or someone you love has recently suffered a pelvic or hip injury as a result of a serious accident, call a licensed personal injury attorney to file a no-risk, no-fee claim. They have the proper resources and knowledge to effectively navigate your case and recover the fair amount of compensation you deserve.

Continue Reading

law

8 Arguments Adjusters Use to Damage Your Car Wreck Case

Published

on

By

Auto insurance companies use all types of arguments and tactics to avoid paying claims. The following list contains arguments commonly used by insurance adjusters who want to pay you little or nothing for your injuries and other damages.

The insurance company may try to argue that:

1. Your vehicle was the cause of the wreck, due to bald tires, faulty brakes, or tail lights not working. (You need to check to make sure if it’s true or not. The adjustor might just be making it up.)

2. You had “warning of the danger” within enough time to have avoided the accident if only you had been paying attention. (State laws vary. Find out if this is a valid defense.)

3. You could have avoided the accident if you had not been going “too fast for conditions”. (This is one that adjustors throw around very often.)

4. You made an unnecessary and unexpected stop. (Usually bogus. It’s the person following who has the duty to keep a safe distance.)

5. You made a sudden and unsafe lane change without warning. (Is there any proof of this? Or just a red herring?)

6. You gave no “stop” or “turn” signal. (You know if you did or not. Do not be bullied!)

7. There are supposedly no “independent witnesses” who can be found to substantiate your version of what happened. (That’s their tough luck. Your testimony can prove what happened, all by itself.)

8. There are supposedly witnesses the insurance company knows about, who dispute your version of the facts or substantiate the wrongdoer’s version. (Fine, demand that they give you copies of the witness statements. Oftentimes, such statements don’t exist.)

YOU GET THE PICTURE… AND THERE ARE HUNDREDS MORE!

The Insurance Adjuster considers it their job to seek out and find as many defenses and arguments as possible against you in your case. The Adjuster will question you carefully, and NOT always fairly! It all starts when the Adjuster “Just wants to take your statement”. Do NOT give the insurance company a statement until AFTER you talk to an attorney.

Continue Reading

Trending