...I would like to start by defining equity according to the Webster’s Dictionary as ‘a body of legal doctrines and rules developed to enlarge, supplement, or override a narrow rigid system of law’ (Marriam-Webster.com). Also maxims is defined also by Webster’s Dictionary as ‘a general truth, fundamental principle, or rule of conduct’ (Marriam-Webster.com). Therefore the maxims of equity may fairly be described as a set of general principles which are said to govern the way in which equity operates. They tend to illustrate the qualities of equity, in contrast to the common law, as more flexible, responsive to the needs of the individual and more inclined to take account of the parties’ conduct and worthiness. In conducting this research, it cannot be said that there is a definitive list of the maxims: different sources give different examples and some works prefer to avoid the term altogether in favour of a broader discussion of the character of equity. Above all, the maxims are applied only when the court feels it appropriate: none of the maxims is in the nature of a binding rule and for each maxim it is possible to find as many instances of its not having been applied as instances where it has been. I will give such instance, such as the role of the maxims was discussed in the case of Tinsley v Milligan [1993] 3 All ER 65, (which I will not go in detail). In the Court of Appeal a flexible approach was taken to the application of the maxim, ‘he who comes to equity must come...
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...Is Caricom still relevant? by TABLE OF CONTENTS Chapter 1 - Introduction # Section 1.1 – The genesis of caricom # Section 1.2 – Countries currently part of caricom # Chapter 2 - relevance # Section 2.1 – Objectives # Section 2.2 - Achievements # Chapter 3 - Conclusion # Introduction The Caribbean, a region comprising of some 30 countries, is largely known for leisure and relaxation as tourist bask in the Sea and Sun. However as small economies the question of how these economies can shape their futures, has always been at the fore-front of its political minds. Thus recognizing the power of unity, a number of these countries have forged together into a force that can compete on the world stage, now known as the “Caribbean Community and Common Market” i.e CARICOM. However there have been many challenges and the road ahead is uncertain. The Trinidad Guardian, April 26th 2012, asked the question “Caricom, soon to be Carigone?” The relevance of this question is of concern for all citizens that form part of the Caribbean Community. Whether aware or not the impact or lack thereof, of CARICIOM affects the way of life of the persons in the Countries that make up this Community. the genesis of caricom The states making up the Caribbean have long recognized the value of unity and integration and in 1958 established the “British West Indies Federation”, which was done made up of 10 states. The Federation ended in 1962; however the idea of a unified Caribbean Community...
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...usually refers to agreement between multiple nations or international organisations ,but any agreement between more than two individuals, business or agencies may also be described as a multilateral agreement.Other names for multilateral agreement include treaties, accords or conventions CARICOM stands for Caribbean Community and Common Market and is defined as an organization made up of 15 Caribbean nations to promote economic integration among members and `according to the Longman Dictionary of Contempory English 2000" no longer necessary" means needless,non-essential or, unnecessray Esteem judges according to our understanding and interpretations the redefined moot now reads ,"because of agreements or treaties among more than two organisations or nations caricom is needless." Honourable judges in opposition to todays moot, my colleagues and i will prove to you beyond the shadow of doubt that caricom is necessary and will always be essential regardless of multilateral agreement. I will be expounding on some of the real challenges of multilateralism and its disadvantages My second speaker selena shewram will give you a brief history on caricom and why as a member of state caricom is essential My third speaker Kwaiann Nelson will present you with an example on how multilateral agreements can delay the time in which an action is carried out and concludes our teams argument . Esteem judges I will begin my teams argument by focussing on the challenges of multilateral...
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...Childhood Obesity in the CARICOM Region Abstract Health complications are on the rise amongst adults in the Caribbean regions. This is a circumstance that has slowly crept into reality. Research papers in the past have leant towards different directions as to the ‘how’ and ‘why’ these individuals suffer variable health problems. This research paper will target the ‘when’ aspect of these degenerative health issues, and attempt to proactively curtail the appearance of these problems. It has been found that health complications that appear in adult life begin to develop in childhood (Henry 2001), and a main objective of this research paper is to decipher the impact of childhood obesity on this matter. The World Health Organisation has estimated that in 2010, 43 million children (35 million in developing countries) worldwide were estimated to be overweight and obese, and that a further 92 million were at risk of overweight. The increase of childhood obesity in the Caribbean is a health problem due to the complications among children, which have consequences that can be produced in adult life such as non-transmittable chronic disease. Therefore it is absolutely necessary to face this problem in an effective way in order to achieve the best results in a short period of time. In this research we present actions that a preventative health plan should include for the Caribbean community. Among these actions is the active participation of the individual in gradually increasing moderate...
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...Impacts Of Climate Change in the Caricom Countries What is Climate Change? According to ‘oxforddictionary.com’ Climate change is a change in global or regional climate patterns, in particular a change apparent from the mid to late 20th century onwards and attributed largely to the increased levels of atmospheric carbon dioxide produced by the use of fossil fuels. Climate change is already beginning to transform life on Earth since around the globe, seasons are shifting, temperatures are climbing and sea levels are rising. Pertaining to climate change it has both natural and human causes and short and long climate forcer. Also it has dangerous effects such as higher temperatures, changing landscapes etc. In the Caribbean, the states in the region formed an organisation that is called Caricom where they joined together to work on various matters. The fifteen (15) Caricom countries are Antigua and Barbuda, The Bahamas, Barbados, Belize, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saint Lucia, St. Kitts and Nevis, St. Vincent and the Grenadines, Suriname and Trinidad and Tobago. Focusing on climate changes in the fifteen (15) Caricom countries in the Caribbean, it is considered to be one of the biggest threats to nature and humanity towards them because it can bring about negative and destructive effects caused by short lived and long lived climatic forces. Mostly likely in the Caricom countries, they face potential economic impacts of climate change with their agriculture...
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...goods, services, and factors of production among countries in a geographic region (Hill, 2009). There are many regional trade blocs in place today that have achieved harmonious and non-harmonious integration. Following is a closer look at some of the advantages and disadvantage one trade bloc that is situated in the Caribbean region named, Caribbean Community (CARICOM) and its expansion into CARICOM Single Market and Economy (CSME). Caribbean Community (CARICOM) The Caribbean Community (CARICOM) was established in July 1973 as an expansion of the former Caribbean Free Trade Association (CARIFTA) that had been in place for seven years prior ("Caribbean community (caricom)," 2014). The CARICOM trading bloc profile states that it goes beyond the normal boundaries of free-trade to encompass programs that will sustain economic development within the region ("Caribbean community (caricom)," 2014). States located outside the CARICOM region also see benefits from the trading bloc in the way of a unified trade, economic, and foreign policies ("Caribbean community (caricom)," 2014). There are 15 members' states in the CARICOM trading bloc: Antigua and Barbuda, Barbados, Belize, Bahamas, Dominica, Guyana, Grenada, Haiti, Jamaica, St. Kitts and Nevis, Montserrat, St. Lucia, St. Vincent and the Grenadines, Suriname, and...
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...Regional integration can be described as the union of a geological area, the main theme running through the efforts is that of cooperation. Hence regional integration is the interaction and cooperation of various countries in a specific region working together in order to foster their own well being, the idea of integration suggests unity and teamwork. On the other hand, regional integration also refers to an outcome, occurring when pre set criteria are met. Regional integration involves some compromise on the part of nation states, but should enhance the general quality of life for the citizens of those states. Regional integration can be described as a dynamic process that entails a country’s willingness to share or unify into a larger whole. The degree to which it shares and what it shares determines the level of integration. Exploration of the factors promoting regional integration within the Caribbean * Common language - The language of the Caribbean people is English, and this facilitates easy communication. * Close Proximity - The Caribbean countries are relatively close to each other, hence, travel by air or sea from one country to another can be done in a relatively short space of time. * Caribbean countries share a common history - Most of the Caribbean people are descendants of people who had been subjected to slavery and indentureship. This makes it possible for the Caribbean people to embrace each other. * Common Cultural Heritage - The Caribbean...
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...INTEGRATION EFFORTS IN THE CARIBBEAN ESSAY Sir Arthur Lewis in 1965 wrote ‘these islands did not start on the federal road in a fit of idleness. They start because it was clear that a federation is the only possible solution to their problem.” To understand what Sir Arthur Lewis meant regional integration must be defined. According to Carbough (2004), regional integration is a process of eliminating restrictions on international trade, payments and factors of mobility. Full regional integration is the economic, social, legal, political, business and environmental factors into one common regional space. There are six levels of integration which are the trade association, free trade area, customs union, common market, economic and political union. Over the past decade regional integration movements have been undergoing tremendous pressure as they attempt to sustain viability. Hippolyte- Manigot (1979) stated “Since the mid 1970s, so serious have some of these difficulties been that practitioners and analyst of regional integration have indicated their doubts about the viability of regional integration.” The first effort for integration took place in 1958. This was known as the West Indies Federation. The federation faced several problems but what really led to the demise of the federation was fell apart in January 1962 was the withdrawal of Jamaica. This withdrawal was to lead to a movement within Jamaican for national independence from Britain. The withdrawal of Jamaica then...
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...CARICOM SINGLE MARKET and ECONOMY (CSME) In 1989, the CARICOM Heads of Government, agreed to advance beyond the Common Market towards a more comprehensive economic integration, via the Grand Anse Declaration, signed in Grenada. This led to the creation of the CARICOM Single Market and Economy (CSME) which is a single economic space to facilitate the free movement of goods, services, capital and technology, as well as the establishment of commercial enterprises. To give effect to the Heads decision, the Treaty of Chaguaramas was revised through a series of protocols, that is, legal instruments setting out the new rules. In 2001, these protocols were integrated into the Revised Treaty of Chaguaramas. The main objectives of the CSME are: full use of labour (full employment) full exploitation of the other factors of production (natural resources and capital) competitive production leading to greater variety and quantity products and services for exports. The CSME is intended to benefit the people of the Region by providing more and better opportunities to produce and sell the region’s goods and services and to attract investment. It is expected that these objectives will in turn provide improved standards of living, greater employment, and sustained economic development. The CSME comprises two main components: A Single Market represented by five main goals, namely, the free movement of labour/people, goods, services, capital and the right of establishment. Status:...
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...Essay Topic: Critically explain and discuss the meaning of international labour law and explore through a rights-based approach the extent of individual rights employment law legislation in CARICOM states. 1|P ag e What is labour law? Before understanding international labour law one must first understand what is labour Law. Simply put by Eaton (2005: p. 109) Labour Law is that part of law that deals with individuals and legal persons in their capacity as employees and employers, i.e. concerned with work and the relationship arising from it.” Clive Pegus on the other hand described it as consisting of “principles, rules and norms that regulate employment relations”, which is “primarily concerned with the rights of workers, trade union and employers, standards applicable to employment relations and the regulation of industrial relations and the labour market”. He also cited Deakin and Morris who argue that “a broader perspective would see labour law as the normative framework for the existence and operation of all the institutions of the labour market: the business enterprise, trade unions, employers’ associations and, in its capacity as regulator and as employer, the state. The starting point for analysis is the existence of the employment relationship as a distinct economic and legal category.” Using Deakin and Morris’s definition, Dunlop’s Systems Theory comes alive as labour law can be seen as the “rules” that govern behaviour (normative framework) within the Industrial...
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...Economic Integration, according to Investopedia online, is, “an economic arrangement between different regions marked by the reduction or elimination of trade barriers and the coordination of monetary and fiscal policies. The aim of economic integration is to reduce costs for both consumers and producers, as well as to increase trade between the countries taking part in the agreement.” According to Norman Girwan, in his paper entitled, ‘Caricom’s Elusive Quest For Economic Integration,’ the Caribbean needed to integrate for similar reasons. Girwan states that the move toward such integration was driven by the need to mitigate against the constraints of small size on development, as well as there were other non-eceonomic objectives. These included “attaining national independence, sharing the costs of common services, pooling bargaining power in international environment and instituting a common West Indian identity.” Girwan continues by stating emphatically that “economic integration is still a work in progress for the Caribbean peoples; and what has been accomplished so far has not impacted significantly on regional economic development.” He attests that “this could be due to faulty implementation of agreed integration schemes, or to inappropriate design of the schemes themselves, or to inherent limits in the capacity of economic integration per se to drive development in these economies.” In a similar manner, Mehmet Ekizoglu, in his paper Mercosur, It’s History, Institutions...
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...the past three decades, the CARICOM countries have both individually, and as a group, accumulated considerable experience in regional and international negotiations. Within the region, the development of CARICOM and related institutions and arrangements have taken up a considerable amount of time of governments. Associated with that have been trade and economic agreements with major trading partners – European Union (EU), Canada and, more recently, the United States. Governments have also been involved in almost unending negotiations with the international financial institutions over their stabilisation and adjustment programmes. At different periods substantial attention has also been paid to global negotiations under the auspices of the United Nations and its specialized agencies, such as GATT. Furthermore, some governments have been intensely involved in negotiations with international companies in the fields such as natural resources telecommunications. It is not possible in a single presentation to distill and synthesise this wide variety of experiences into a set of reflections. What I shall do is to concentrate on the governmental trade and economic negotiations with overseas countries and groups of countries, partly because we are on the threshold of new negotiations for entry in to NAFTA, and the lessons of the past may be of some help in structuring the future. THE PREPARATORY PROCESS Starting first with the issue of how CARICOM has prepared for international...
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...A BRIEF HISTORY OF THE CARIBBEAN COMMUNITY (CARICOM) WEST INDIES FEDERATION Established in 1958, the West Indies Federation comprised the ten territories of Antigua and Barbuda, Barbados, Dominica. Grenada, Jamaica, Montserrat, the then St. Kitts-Nevis-Anguilla, Saint Lucia, St. Vincent and Trinidad and Tobago. The Federation was established by the British Caribbean Federation Act of 1956 with the aim of establishing a political union among its members. Although a plan for a Customs Union was drawn up, emphasis was not placed on the economic aspect of Federation during the four years of its existence. Economically, the Region remained as it had been for centuries, and not even free trade was introduced between the member countries during this period. The West Indies Federation came to an end in 1962 but its end, in many ways, must be regarded as the real beginning of what is now the Caribbean Community. The end of the Federation meant the beginning of more serious efforts on the part of the political leaders in the Caribbean to strengthen the ties between the English-speaking islands and the mainland territories, Guyana and Belize, by providing for the continuance and strengthening of the areas of cooperation that existed during the Federation. To this end, in mid-1962, a Common Services Conference was convened to take decisions on these services, the major ones among them being the University of the West Indies (UWI), founded in 1948 and the Regional Shipping...
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...and Common Market The Caribbean Community and Common Market (CARICOM), was establish in 1973 with the Treaty of Chaguaramas. The purpose of the CARICOM is to promote economic integration and development. The CARICOM main focus was in less developed areas of the region. There are many nations part of the CARICOM such as Belize, Trinidad and Tobago, Jamaica, Haiti, Barbados, and the Bahamas, just to name a few. In total there are 15 nations in the CARICOM and 5 associated nations. The CARICOM manages a common market and creates policies on education, labor, science, technology, tourism, health, foreign policy, and the environment. Moreover, there are other institutions associated with the CARICOM such as: the Caribbean Development Bank, the University of Guyana, the University of the West Indies, and the Caribbean Court Justice, which was established in 2005. Lastly, the CARICOM replaced the Caribbean Free Trade Association. Major Article Summary The article of choice is focus on the different pillars of the CARICOM. The article mentioned how the CARICOM developed 5 regional health institutions; they also invested in tertiary-level institutions, and the Caribbean Cooperation in Health, which is the guide for the regional health agenda for the CARICOM states. In 1989, the government decided to fashion the Caribbean Single Market and economy to improve the ability of the CARICOM. This will allow the CARICOM to insert itself more advantageously into the global economy. However...
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...------------------------------------------------- Free Trade Area of the Americas From Wikipedia, the free encyclopedia The Free Trade Area of the Americas logo The Free Trade Area of the Americas (FTAA) (Spanish: Área de Libre Comercio de América [ALCA], French: Zone de libre-échange de Amérique [ZLÉA],Portuguese: Área de Livre Comércio das Américas [ALCA], Dutch: Vrijhandelszone van Amerika) was a proposed agreement to eliminate or reduce the trade barriers among all countries in the Americas excluding Cuba. In the latest round of negotiations, trade ministers from 34 countries met in Miami, United States, in November 2003 to discuss the proposal.[1] The proposed agreement was an extension of the North American Free Trade Agreement (NAFTA) between Canada, Mexico, and the United States. Opposing the proposal were Cuba, Venezuela, Bolivia, Ecuador, Dominica, Nicaragua and Honduras (all of which entered theBolivarian Alternative for the Americas in response), and Argentina, Chile and Brazil. Discussions have faltered over similar points as the Doha Development Round of World Trade Organization (WTO) talks; developed nations seek expanded trade inservices and increased intellectual property rights, while less developed nations seek an end to agricultural subsidies and free trade in agricultural goods. Similar to the WTO talks, Brazil has taken a leadership role among the less developed nations, while the United States has taken a similar role for the developed nations. Free...
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