Century Genius/Stephen Hawking

The Logical Insurrection Computing Engine was built in 1958. He attended college on scholarships and focused on physics and mathematics. However he showed strong interest in theories. Especially those theories of Einstein; and the theory of relativity and the study of cosmology. In 1963 he met his first wife Jane Wiled and in 1995 they got married but divorced in 1991. Stephen began getting sick when he and Jane got married so the testing began and the news came back that Stephen had ALAS.He was told he had two years to live however he is alive to date. ALAS attacks the nerves and speaking ability, walking, breathing, and swallowing. Stephen communicates with a computer that is connected to his wheelchair. During his marriage token they had three children. The marriage didn't last and they divorced in 1991. He then married Elaine Mason which he divorced in 2006. Hawking worked for 30 years at Cambridge as the Lucian Chair of Mathematics. Sir Isaac Newton once held that position as we ll.Stephens has been the world leader in research on black holes, the birth of the universe, and the nature of space, time and gravity. He has written many best-selling books which have sold millions of copies. â€Å"A Brief History of Time† is a best-seller of Stephens and has been made into a movie. In this book Stephen tries to explain physical and mathematical ideas and calculations without using math. And also a range of subjects in Cosmology including the Big Bang, black holes, light cones and superstring theory. â€Å"A Brief History in Time† stayed on the London Sunday Times est.-selling list for 237 weeks.Stephen has won many awards In his life. He has received the CUBE in 1982 and made Companion of Honor In 1989. 1974 Stephen was elected Fellow of the Royal Society he was one of the youngest to receive this award to date. Stephen is a known Atheists and his belief Is Science will win. With all of Stephens problems and disability he has not let this stop him. He continues to use his mind and remains a strong force In the Science field. References: * penguin Books USA Inc.

Ediment grain size and mineralogy distribution Essay

The study was done in the Mpenjati estuary. It was found more briefly if sediment grain size and mineralogy distribution change across a beach profile changes and how it change. 4 zoneS of a beach profile were sampled. Quartz is the most stable sediment composition in the surface of the earth, compared to heavy minerals and feldspar (Marshak, 2008). INTRODUCTION The aim of the study was to find out how does the sediment grain size and mineralogy distribution change across a beach profile. Mineral is a homogenous, naturally occurring solid inorganic substance with a definable chemical composition (Marshak, 2005). The impacts of the depositional environment, transport and climate on the morphology of minerals oceans are the focus of discussion during the present study of grain morphology (Shaffer,2006). It goes without saying that morphology and texture as well as the intergrowths among ocean minerals are also of utmost importance for the and industrial use of placer minerals (Pipkin, 2007) and by this oceans profiles must not be protected from pollution and disasters. The Mpenjati Estuary has been subjected to extensive sand and stone mining for approximately 40 years and the mining operations affected sediment patterns (matthias et al,2012). Although geologists tend to classify estuaries according to their geomorphology, physiography, sedimentation or tidal patterns but an estuary is an enclosed coastal body of water which is periodically or permanently open to the sea (Whitfield, 2010). The study was done by the University Of KwaZulu-Natal students of BIOL 231 (Marine environments) together with their demonstrators and Lecturer. The study was done in the Mpenjati estuary on the third of August 2013 which is the winter season while the estuary was closed at the mouth. The Mpenjati estuary is an open/ closed estuary located at 30 Í ¦ 58’15† and approximately 165km southwest of Durban Kwazulu-Natal south coast FIGURE 1: Locality map showing Mpenjati estuary (Whitfied, 2003) FIGURE 2: beach profile showing different zones (Schwarts, 2008) MATERIALS AND METHODS Sampling was done when mouth of the estuary was closed. Four different zones of the beach profile were sampled which is Swash zone 1 which was closer to the sea followed by swash zone 2, and back beach 1 which is closer to the estuary followed by back beach 2. In each zone 2 clear plastic bags were filled with half way with sand using our own hands and were sealed with sell tape for later processing at the Lab. The plastic bags which had sand were named according to their zones collected from. The collected sediments were then taken to the soil laboratory at the Geological science Department (UKZN) for drying for 3 days. In the laboratory the sieve trays ware weighed using balanced scales after weighing. Sand which came out from drying was crushed and grinded and stirred on to the bowls using a thick pin as if cooking. Sieve trays were stacked together and then placed in a sieve machine where the dry grinded sand was stirred more on the machine for 2 minutes. After the 2 minutes the sand or sediments were poured on to the sieve trays which have different sizes of open holes measured in  µM, the top sieve tray had the biggest porosity and the bottom one had the smallest and was consisting of finest sand. When sieving was done the sieve trays were weighed again in order to obtain the mass of the sediment grains collected on the estuary. From the masses of the dishes the value of Phi (Ø) was calculated:Phi (Ø) = -log2 (d) d = Mass of a sieve /1000 The calculated phi was then used as a dependent variable in plotting graphs for distribution and the cumulative frequency that are displayed in the results. Phi ranged from -1 – 3.47 then the base.This was done for each zone I the four zones which were sampled. A small portion of sediments was collected In each zone of sampling was then placed into a petri dish and was examined by a light microscope for analyzing different types of minerals which were in each set of sediment zone by looking at their grain size, texture, and the mineral composition of the sand. This was done for each zone. The field observations are also confirmed by the graphs that in figure 4 the mass content, sediment mean size goes from high to low from swash zone 1 to back beach 1 showing that as one goes closer to the sea the sediment grain size of the sand and mass increases. Table 1 tells us that the back beach has more quarts e.g The back beach has the highest quarts. DISCUSSION It has been found out from figure 2 that the beach profile is divided into different zones, 4 zones were sampled at the mpenjati estuary namely swash zone 1, swash zone 2, back beach 1 and back beach 2. It was also found in figure 3, figure 4 and table 1 that the 4 zones have different mineralogical distributions and grain size. It was found that the soil colour and texture of the sand changed from zone to zone. The sand was damp with and had shells, little fragments, oysters afflicted by waves and washed to the sand by wave deposit. The ripples indicated wind direction and the wavelength of ripple was 6.5 cm. The deeper side of the ripples is gentle and shorter on the side of the ripples; this is due to north east blow of the wind (Marshak, 2005)) The swash zone is a zone of constant deposition from the beach characterised by moderately to poorly sorted sediments as sediments of first deposition are sub angular with a grain shape of low sphericity compared to other zones in the beac h (table 1). The long shore drift which passes across the beach water body creating wave action energy is insufficient to carry these types of sediments (Shaffer, 2006). The reason why small sediments in size are mostly found at the back beach (figure 3 and 4) is because the wave action slows down its energy in the swash zone so only small sediments in size can be carried towards the back beach leading to well sorted sediments with mature texture as high transportation of  sediments leads to re-deposition and re-transportation (Pipkin, 2007)). Closer to the sea were larger stones and burrows (figure 4) swash zone 1 had the highest mass content followed by swash zone 2 and the reason for this is because closer to the sea there is more wind action (Shaffer, 2006). Crabs adapted to the environment with burrows. Quartz is the most stable sediment composition in the surface of the earth, compared to heavy minerals and feldspar (Marshak, 2008). Quartz and feldspar are dominant in all beach zones (Table 1) this is because they are primary rock minerals, they are found in parent rock e.g. granite which contains these two minerals (Schwarts, 2005). Since so il is the deposited by the chemical weathering of rocks, the minerals also are as a result that deposition. Feldspar makes about 60% of the earth’s crust (Marshak, 2005). Mineral sands contain suites of minerals with high specific gravity known as ‘heavy minerals’. They were found mostly on the back beach 2 (Table 1) and the swash zone 2 because the wind current was not strong enough to transport them away. Those that are found on the back beach 2 are probably deposited by the river inflow and that on swash zone 2 is deposited by the ocean current and cannot be transported further because they are resistant to wave action (Pipkin, 2001). The swash zone was found to have more shells (Table 1) and some broken up and there were smooth, dishaped stones (cables) because of wave action on tide and also pedals. Lithic fragments were found mostly the back beach (Table 1) and only one on swash zone 1 because they are light and easily transported by wave and wind action. In conclusion as the profile is divided into zones it was found that mineralogical distribution and grain size change across the zones of a beach profile. As one go closer to the sea the gran size becomes larger and there was found to be more mineralogical diversity to zones closer to th e sea compare to zones closer to the estuary. Heavy minerals were found in zones closer to the sea and light minerals were found to zones far from the sea, this is all due to processes like wind and wave action. REFERENCES Marshak S.S., (2005). Earth: Portrait of the planet 2nd eds. W.W. Norton & Company, Incl., New York, London Marshak S.S, (2008). Earth: Portrait of the planet 3rd eds. W.W. Norton & Company, Incl., New York, London Matthias (2012) et al, KOTLIK School, AK 9960. P.O BOX 20129, 8 JUNE 2012, The Nushagak Estuary: Its Salmon resource, Potential Threat and proposed management plan. Pipkin B.W., et.al, 2001. Labaratory exercise in Oceanography, 3rd edition. USA Ron Uken 2011, UKZN WESTVILLE CAMPUS BIOL 231 PRACTICAL MANUAL (GEOLOGICAL COMPONENT) Schwartz M.L., 2005. Encyclopedia of coastal Sciences. Published by springer 16 June 2005 Shaffer,R., (2006). The Time of Sands: Quartz-rich Sand Deposits as a renewable Resource. Electronic Green Journal, 1(24):1-35 Whitfield A.K, J.L.B Smith institute of Ichyology, Private Bag 1015 Grahamstown, 6140, South Africa published online: 08 November 2010, 18: 1-2, 89-103, DOL Whitfield A.K Maps and Locations of South African Estuaries Index, Generated by resource quality service 2003-08-08, 14:25:28, S.A INDEX for aquatic Biodiversity.

Responsibilities of a paediatric first aider Essay

Maintain your own safety Contact the emergency services Give accurate and useful information to the emergency services Support the casualty physically and emotionally Appreciate your own limitations Know when to intervene and when to wait for more specialist help to arrive. PEFAP 001 1.2: Describe how to minimise the risk of infection to self and others Wash your hands with soap and water before and immediately after giving first aid. If gloves are available for use in first aid situations, you should also wash your hands thoroughly before putting the gloves on and after disposing of them.(Plastic bags can be used when gloves are unavailable.) Avoid contact with body fluids when possible. Do not touch objects that may be soiled with blood or other body fluids. Be careful not to prick yourself with broken glass or any sharp objects found on or near the injured person. Prevent injuries when using, handling, cleaning or disposing of sharp instruments or devices. Cover cuts or other skin-breaks with dry and clean dressings. Chronic skin conditions may cause open sores on hands. People with these conditions should avoid direct contact with any injured person who is bleeding or has open wounds. PEFAP 001 1.3: Describe suitable first aid equipment, including personal protection and how it is used appropriately. (Print off your PPE report) All first aid boxes should have a white cross on a green background. Guidelines published by the National Association of Child Minders, NCMA, as well as Ofsted and experienced paediatric first aid trainers, recommend that the first aid box in a child care setting should contain the items listed include: 1 first aid guidance leaflet 1 large sterile wound dressing 1 pair disposable gloves 10 individually wrapped wipes 2 sterile eye pads 1 pair of scissors 1 packet hypoallergenic plasters – in assorted sizes 3 medium sterile wound dressings 2 triangular bandages 5 finger bob bandages (no applicator needed) 4 safety pins It is recommended that you do not keep tablets and medicines in the first aid box. PEFAP 001 1.4: Describe what information needs to be included in an accident report/incident record and how to record it. Details of all reportable incidents, injuries, diseases and dangerous occurrences must be recorded, including: The date when the report is made The method of reporting The date, time and place of the event Personal details of those involved A brief description of the nature of the event or disease. Records can be kept in any form but must conform to data protection requirements . PEFAP 001 1.5: Define an infant and or a child for the purpose of first aid treatment. Paediatric first aid focuses on infants and children. An infant is defined as being from birth to the age of one year and a child is defined as one year of age to the onset of puberty. Children are however different sizes and a small child over the age of one may be treated as an infant. Similarly puberty can be difficult to recognise, so treat the child according to the age that you think they are, larger children should be treated with adult techniques. PEFAP 001 3.2: Describe how to continually assess and monitor an infant and a child whilst in your care. Remember your ABC and continue to monitor the infant or child in your care until you can hand over to a doctor or paramedic. A is for AIRWAY : check that the airway remains open. Always monitor a child while in recovery position. B is for BREATHING: Check that breathing is normal and regular. C is for CIRCULATION: check the pulse (if you are trained and experienced) but ensure you take no more than ten seconds to do this: (a) In a child over one  year : feel for the carotid pulse in the neck by placing your fingers in the groove between the Adam’s apple and the large muscle running from the side of the neck . (b) In an infant: feel for the brachial pulse on the inner aspect of the upper arm by lightly pressing your fingers towards the bone on the inside of the upper arm and hole them there for five seconds. PEFAP 001 4.1: Identify when to administer CPR to an unresponsive infant and a child who is not breathing normally. CPR should only be carried out when an infant or child is unresponsive and not breathing normally. If the infant or child has any signs of normal breathing, or coughing, or movement, do not begin to do chest compressions. Doing so may cause the heart to stop beating. PEFAP 001 4.3: Describe how to deal with an infant and a child who is experiencing a seizure. Witnessing a child having an epileptic seizure is a very unpleasant experience, particularly the first one. However, some young children experience what is termed a Febrile Seizure which is brought on when the child has a high temperature or infection. Recognition Stiffening of child’s body Twitching of arms and legs Loss of consciousness May wet or soil themselves May vomit or foam at the mouth Usually lasts for less than five minutes May be sleepy for up to an hour afterwards Treatment Protect them with cushioning or padding- do not hold them down. Cool them down by removing some clothing. When the seizures stop, place the child in the recovery position and monitor signs of life. If they become unresponsive or the seizure lasts for more than 5 minutes then you must call 999/112 for an ambulance. PEFAP 001 5.1: Differentiate between a mild and a severe airway obstruction. A mild airway is usually a partial obstruction, it means the entire airway is not closed off, so air is able to pass by the obstruction,  and the victim can respond and cough forcefully , or may wheeze between coughs. In a serer airway obstruction, the airway is completely blocked off and the victim cannot breathe because air cannot pass by the object. PEFAP 001 5.3: Describe the procedure to be followed after administering the treatment for choking. The child may experience difficulties after having treatment for choking-for example, a persistent cough or difficulties with swallowing or breathing. It is important to monitor and assess the child’s condition and to seek medical help if the problem persists. PEFAP 001 6.1: Describe common types of wounds. A cut (incision): This can be caused from a sharp edge, such as a tin can ,that can lead to a lot of bleeding. A torn wound (laceration): is a jagged wound that can be caused by a broken toy, a fall or collision. Graze or abrasion: cause by friction or scraping, generally happens when children fall. Bruises or contusion: is bleeding underneath the skin. The blood collects and results in a black/blue mark. Children often have bruises on their skin, chin and head from knocking themselves or falling. Soft tissue bruises should be investigated if you have a concern about them. Puncture wound: cause by the body being pierced by an object, for example , a child falling whilst carrying a pair of scissors. Velocity wound: cause by an item travelling at high speed such as a bullet from a gun. PEFAP 001 6.4: Describe how to administer first aid for minor injuries. With minor bleeding from cuts and abrasions the emphasis is on keeping the wound clean and to control any blood loss. Wear disposable gloves. Examine the injury for any embedded foreign objects. Clean the wound under fresh running water. Sit the casualty down. If they feel weak and unsteady, position them on the floor. Clean the skin around the wound with wet sterile gauze or sterile non-alcoholic wipes and carefully remove any grit or dirt. Do not remove any embedded object. Elevate the injury to control any blood loss. Dry the wound with sterile gauze and apply a plaster or sterile dressing. Advise the parent or guardian of the child or infant to seek medical attention if necessary. PEFAP 001 7.1: Describe how to recognise and manage an infant and a child who is suffering from shock. After an initial adrenaline rush, the body withdraws blood from the skin in order to maintain the vital organs – and the oxygen supply to the brain drops. The infant or child will have: Pale, cold, clammy skin that is oftern grey-blue in colour, especially around the lips A rapid pulse, becoming weaker Shallow, fast breathing. In an infant The anterior fontanelle is drawn in (depressed). In an infant or a child may show: Unusual restlessness, yawning and gasping for air Thirst Loss of consciousness The treatment is the same for an infant and a child. If possible, ask someone to call an ambulance while you stay with the child . Lay the child down, keeping her head low to improve the blood supply to the brain. Treat any obvious cause, such as severe bleeding. Raise the child’s leg and support them with pillows or on a cushion on a pile of books. Loosen any tight clothing at the neck, chest and waist to help with the child/s breathing. For an infant: hold the infant on your lap while you loosen her clothing and offer comfort and reassurance. Cover the child with a blanket or coat to keep her warm. Never use a hot-water bottle or any other direct source of heat. Reassure the child: keep talking to her and monitoring her condition while you wait for the ambulance. If the infant or child loses consciousness, open her airway, check her breathing and be prepared to give rescue breaths. Do not give the child anything to eat or drink: if she complains of thirst, just moisten her lips with water. PEFAP 001 7.2: Describe how to recognise and manage an infant and a child who is suffering from anaphylactic shock. During an anaphylactic reaction, chemicals are released into the blood that widen (dilate) blood vessels and  cause blood pressure to fall. Air passages then narrow (constrict), resulting in breathing difficulties. In addition, the tongue and throat can swell, obstructing the airway. An infant or child with anaphylactic shock will need urgent medical help as this can be fatal. The following signs and symptoms may come all at once and the child may rapidly lose consciousness: High-pitched wheezing sound Blotchy, itchy, raised rash Swollen eyelids, lips and tongue Difficulty speaking, then breathing Abdominal pain, vomiting and diarrhoea If you suspect an infant or child is suffering from anaphylactic shock, follow the steps below: Call an ambulance. If the child has had a reaction previously, she will have medication to take in case of more attacks. This should be given as soon as the attack starts, following the instructions closely. Help the child into a comfortable sitting position to relieve any breathing problems and loosen any tight clothing at her neck and waist. Comfort and reassure her while you wait for the ambulance. If the child loses consciousness, open her airway, check her breathing and be prepared to stat rescue breaths. PEFAP 001 6.2: Describe the types and severity of bleeding and the affect it has on an infant and a child. Even tiny a mounts of blood can seem like a lot to a child. Any bleeding may frighten children because they are too young to realise that the blood loss will stop when clotting occurs. When a child loses a large amount of blood, he or she may suffer shock or even become unconscious. Platelets and proteins come into contact with the injured site and plug the wound. This process begins within ten minutes if the loss of blood is brought under control. There are different types of bleeding: Bleeding from arteries : This will pump blood from the wound in time with the heartbeat and is bright re in colour. If the bleeding from a major artery will lead to shock, unresponsiveness and death within minutes. Bleeding from veins: The bold will gush from the wound or pool at the site of the wound. This will depend on the size of the vein that has been damaged. The blood will be dark red in colour due to the oxygen being depleted. Bleeding from  capillaries: Oozing at the site as with an abrasion or maybe internally from a bruising to muscle tissue and internal organs. PEFAP 001 6.3: Demonstrate the safe and effective management for the control of minor and major external bleeding. With minor bleeding from cuts and abrasions the emphasis is on keeping the wound clean and to control any blood loss. Wear disposable gloves Examine the injury for any embedded foreign objects Clean the injured area with cold water, using cotton wool or gauze Do not attempt to pick out pieces of gravel or grit from a graze. Just clean gently and cover with a light dressing if necessary Sit the child down if they feel weak and unsteady, position them on the floor. Elevate the injury to control any bold loss Record the injury and treatment in the Accident Report Book and make sure that the parents/carers of the child are in formed. When a child is bleeding severely, your main aim is to stem the flow of blood. With severe wounds and bleeding the emphasis is on controlling blood loss and treating for shock. Wear disposable gloves Sit or lay the child down on the floor to help prevent shock Examine the injury to establish the extent of the wound and to check for any foreign embedded objects Try to stop the bleeding: Apply direct pressure to the wound: use a dressing or a non-fluffy material, such as a clean tea towel Elevate the affected part if possible: if the wound is on an arm or leg, raise the injured limb above the level of the heart Apply a dressing: if the blood soaks through, do not remove the dressing, apply another on top and so on Support the injured part and treat the child for shock. Keep them warm and do not let them have anything to eat or drink Call 999/112 for an ambulance and monitor the child’s condition Contact the child’s parents or carers If the child loses consciousness, follow the ABC procedure for resuscitation Always record the incident and the treatment given in the Accident Report  Book. Always wear disposable gloves if in an early years setting, to prevent cross-infection.

350- to 700-word essay comparing the similarities and differences Term Paper

350- to 700-word essay comparing the similarities and differences between virtue theory, utilitarianism, and deontological ethics - Term Paper Example In order to understand these principles better and understand how they can apply to real-life situations it is best to discuss the strengths and weaknesses of each individually and then highlight their commonalities and differences. Utilitarianism focuses on the idea that what is morally or ethically right is the course that results in the best possible consequences or what creates the greatest happiness among the larger portion. After all human beings work off of a pleasure principle in their actions and behaviors. This perspective is often found among big decision makers whose behaviors and decisions affect many (Fahey, 2012). Therefore the greatest happiness on the largest scale is being considered, as opposed to the needs of an individual. For example when we are with a group of 5 friends and each want the group to participate in different activities, therefore each member makes their case and the majority activity is chosen. This will not make the whole group happy but it will make the majority happy. Deontologists are dedicated to the idea of actions that are ethical are a result of a sense of duty. There is a staunch strictness to this ethical viewpoint. An action is right as long as it remains in accord ance with preset ethical laws (Rainbow, 2002). A good example is what we see in modern court rooms today, sometimes the law is immutable and disallowing of exception, this takes no consideration of the larger groups concerns or the ethical concerns of the accused. The final ethical principle is virtue ethics, which adheres to the idea that a person’s individual character must be considered as exactly that individual. A prime example of this can be found in our own academic institutions. A friend forgets to properly site a source in his paper, which means he technically plagiarized. However, if you see that the other citations are accurate and this student has had no history of dishonest conduct,

Corruption in the Pakistan Government Research Paper

Corruption in the Pakistan Government - Research Paper Example The primary aim of this study is to review the extent of corruption in the Islamic Republic of Pakistan. It will also review whether corruption and poor governance have forced its people to seek other forms of assistance, especially those of illegal militant groups. According to Aristotle â€Å"the deviation or corruption of kingship is tyranny. Both kingship and tyranny are forms of government by a single person, but the tyrant studies his own advantage†¦..the king looks to that of his subjects† (Heidenheimer, 1997, P. 3). The journal article ‘Social sciences and the evolving concept of corruption’ provides more connotations or meaning to the term corruption. In Biblical terms corruption is plainly injustice, while current perception of corruption means accepting of bribes. The French have a broader perspective and sees corruption as all acts of crime done by civil servants and includes the judiciary as well as the people who try to corrupt the above two classes (G ´ENAUX, 2004). But, the definition of the term provided by the OECD, apparently covers all the above perceptions as it defines corruption as â€Å"the abuse of public or private office for personal gain† (OECD, 2008, P. 22). This paper will consider the above definition when reviewing the topic of corruption in Pakistan. Pakistan can definitely be classified as a developing economy and studies have shown that corruption levels are higher here when compared to developed ones. Some developing economies have faster growth rate when compared to others, and there is no perceptible differences in corruption levels in both instances (Rose-Ackerman, 2006, p. 218). It has to be seen whether the above two factors hold good in the case of Pakistan as well. In other words, it has to be seen whether corruption in the country is high or low, and also whether it is comparable with a high growth economy like India, China, or Brazil. The three developing economies mentioned here

See instruction below Essay Example | Topics and Well Written Essays - 1000 words

See instruction below - Essay Example With that, maybe the question should be, â€Å"As a president, has Bush fulfilled anything for his country’s sake?† In an idealistic view, it’s a huge â€Å"No†, rather it’s reflection of few people’s greed. A sane mind would never wish to use violence against violence, only despair would lead one to do that. In the first place, â€Å"war on terrorism† is necessary only if such threat actually exist. If the assailant has the ability to induce such extensive damage that then the target should be prepared for future counter attack, exerting tremendous effort on strengthening its military force as it take its economy and existing policies into consideration. With such threat, there would really be a need for â€Å"war on terrorism†. However this case, with such amount spend merely on defense, in neglect of the country and its people’s welfare, only prove the claim that it distorts defense policy and weakens the

Management Practices Research Paper Example | Topics and Well Written Essays - 1500 words

Management Practices - Research Paper Example Management Practices in Coca Cola Coca-Cola is considered as one the biggest beverage companies operating in almost 200 nations. To operate in the international markets, it requires appropriate management practices in every level of the company (SAP AG, 2001). Planning Planning is the preliminary stage of any task whether it is production or launching of a new product. It is necessary for a company to plan what should be done and without proper planning, the business objectives cannot be achieved. In case of Coca-Cola, the planning stage involves development of overall strategy by keeping in mind the mission and the objectives of the company. The planning in Coca-Cola includes mapping out how precisely the company can accomplish a particular objective. One of the most significant objectives of Coca-Cola with respect to human resources is succession planning which refers to the identification, evaluation and improvement of internal employees in order to achieve a single objective i.e. prepare appropriate people for the senior management position. The succession planning procedure in Coca-Cola comprises outlining the condition of the employees and planning for management steadiness in the incident of employee turnover or departure. Similarly, the other significant objective of Coca-Cola with respect to business is marketing planning. The marketing planning is conducted in order to raise the sales of its products. The marketing planning of Coca-Cola consists of activities such as assessing the marketing environment, making competitors’ analysis, decide upon suitable and attractive advertisements, inventory planning, planning the sales staff and planning the marketing mix elements (Curd, n.d.). Leading A manager in an organization is required to lead the employee towards the planned activities in order to accomplish the organizational objectives. The leading stage in any business involves aspects such as motivating, communicating, managing and inspiring empl oyees towards higher performance. It necessitates managers to train, assist and solve any issue of the employees while performing tasks. Leading requires the capability to establish value for the company towards the employees (Plunkett, Attner & Allen, 2011). Leading in any organization is demarcated as the procedure of motivating people so that they can contribute their best effort towards the organizational as well as team objectives. Leading managers can help employees so that they can easily fulfill their own desires and use their potential while performing tasks (Ng, 2011). Coca-Cola practices the leading function of management by providing training, on-the-job learning, and coaching to the employees. The objective of leading the workforces is to ensure that employees are provided with all necessary assistance they require for performing effectively in the company. Coca-Cola believes that the success of the company relies on the encouraged and dedicated employees. For this reas on, the company provides reward to the employees. Coca-Cola offers competitive compensation and other fringe benefits in order to attract and retain the most capable employees. It helps to drive the business forward. Coca-Cola assumes the training and development activities quite seriously, as it is a part of leading the people in the organization. It constantly invests on these activities with the intention of strengthening the

Internal vs. External Validity in Research Coursework

Internal vs. External Validity in Research - Coursework Example There is often a tradeoff between internal and external validity, due to the fact that that the requirements of a high internal validity is the creation of a controlled and artificial setting for the research, which then limits the application of the results to the natural and real-life situations (Mitchell & Jolley, 2001). The attainment of a high internal validity of a research requires that the participants in the research are shielded from the extraneous factors that may change the relationship between the dependent and the independent variables. On the other hand, the extraneous factors are fully operational in the real-life situations, limiting the application of the findings of a research done in a setting where the extraneous factors were blocked. Therefore, there must b a trade-off between the internal validity and the external validity, such that internal validity is only high where external validity is low and vice versa (Isaac & Michael, 1971). 2. Is there a benefit in achieving a high level of one type of validity (internal versus external) over the other? Is there a way to design a study or series of studies to have high internal as well as high external validity? What would be the benefit? There is a benefit of achieving a high level of one type of validity over the other, based on the nature of the research in question. The level of internal validity achieved in the study is low, while the level of external validity attained in the study is high.

Analysis a quantitavtive reserach articale to see whether it is a good Assignment

Analysis a quantitavtive reserach articale to see whether it is a good reserach and any problem - Assignment Example The analysis while be conducted as per the headings into which it is organized. While it is not stated expressly, one can deduce the research problem. One of the primary goals of the development stages of late adolescence through early adulthood is for the individual to become independent in thought and actions and to develop self-control. All this must happen while the young adult remains connected to their parents. Achievements in information and communication technologies (ICTs) have made it possible for college students to stay in with their parents, the distance notwithstanding. According to Barbara, however, very little is known of the frequency of the communication between young college students and their parents, its content and its impact on the development of the student. Hofer’s statement of the research problem falls short on many grounds. First, Hofer does not explain why they think their research problem is important(May & Meerwald, 2013). In other words, it is not clear how the knowledge obtained from the research will be put to use. Secondly, Hofer does not justify the urgency of their problem that is, why they think the problem calls for immediate research and action. Thirdly, the researcher has failed to explain how their research will help address the problem they have identified. Fourth, Hofer does not explain what aspects of the problem they intend to examine and the expected outcomes of such examination. Literature review serves two purposes in scientific research. First, it sets the stage for the research by giving background information on the research subject and topic. Secondly, it the foundation on which the research is based(Hagger & Chatzisarantis, 2011). By this is meant that the literature review informs the research problem, research questions, research objectives and the methodology employed in the research. In a bid to give their

Management 4330 Essay Example | Topics and Well Written Essays - 1500 words

Management 4330 - Essay Example Kathryn eventually leads the team to acceptance of their difference and corrections or criticisms from their individuals. In fact, the final retreat or meeting reveals a team that openly corrects one another. They follow her decision to correct other egocentric employees like Mikey, who could not take criticism from her peers (Lencioni 64). Therefore, Kathryn used trustworthiness as a tool to do away with mistrust problems like backstabbing and lack of openness. Effective teams nurture others and encourage team work and the attribute was missing in the previous leadership at Decision Tech. The underlying assumption is that teams that encourage group work outperform than individuals working alone. The attribute was previously missing in Decision since the members had bad relationships and poor communication. All problems within the company are as a result of the team’s inability to communicate clearly. Kathryn inherited a team where individuals are more self-centered and put their ego before anything in the company. For instance, Mikey, the head of marketing, has trouble communicating what she feels about others in the company (Lencioni 20). Others like Jan, with her experience in finance management, looks down on others and also treat company money like hers. When firing the head of marketing, Kathryn confirms that the manner in which the marketing head behaves affects the morale of the team. The new CEO also complains that Mikey doe s not consider how her behavior might affect others. The previous team was so self-centered that the members could not event confront each other in meetings. At the group formation stage, the team always develops some norms where some are good while others are bad (Whetten and Cameron 498). At Decision Tech, Kathryn inherited a dysfunctional group with unique behavioral norms. One of the behavioral norms in the previous team was is the illusion of invulnerability. The team believed did past success and was

Pick an idea from the book,In The Belly of the Beast by Jack Henry Essay

Pick an idea from the book,In The Belly of the Beast by Jack Henry Abbott), and discuss about it.Write it on the paper if you ar - Essay Example Authorities at prison deemed him vulnerable for the environment of the jail. When he fights against the filth, the psychiatric torture of the jail administration and insults, he is hated. This was the situation that forced Abbott to write so harsh about the world. He was of those who had found ill-luck to go with them for the whole of their life. He was forced to bring up the cruel mentality which allowed no one and not even for a second to agitate against his wish. He developed a strange opinion of the world; to him, the people can be treated only with bullets and swords. He tells the same flaw in his mentality in the words: â€Å"The only time they appear human is when you have a knife at their throats. The instant you remove it, they fall back into animality† (Abbott and Mailer 83). One of the most interesting ideas which Abbot presents in his letters from jail is the one appealing towards communism. His life-long sufferings, flaw in mental health, the brutalities of the so ciety and his own violent behavior made him believe that there was no God. The theories which the religions produce about God or gods are all false, according to Abbott. Had there been any God, he would surely have helped Abbott to get out of his sorrows. The world could not understand the genius in him and had there been God, there would have been no need for Abbott to explain his innocence before the world. Abbott expresses the cruelties the world has done to him in the words: â€Å"And what is so odd about it all is that society has denied me the experience it enjoys (or thinks it enjoys). The oddity exists in the fact that I cannot know from experience what I have missed, so why am I not happy? I have been denied the society of others: it is as simple as that† (Abbott and Mailer 146). Because the society denied him his due rights, he agitated against it. His agitations turned violent causing bloodshed and he had to bear the consequences in the shape of eternal solitude in jail. In In The Belly Of The Beast, he complains that the society could not treat him like he deserved. At this stage, he wants the society be reproached by the God for his maltreatment. But the God does not do it and he arrives at the conclusion that all the miseries happened to him because there was no God. He is troubled by the concept of God. This idea developed because he sees no solution for his troubles. It reveals he has cried a lot for a God to be there to listen to him. It shows his state of hopelessness against anticipation. He was in fact in dire need of God to solve all his problems but when disappointed, he created his hypothesis by telling Mailer that God was the concept which the human creates of his own and which is created due to despair. Communism is, according to him, the cure of all the diseases. Abbott resembles in fact aligns to Marx in his views. He believes that communism is above all the religions and it should be adopted likewise. In a communist society, all are told that they can get what they want irrespective of their abilities and capabilities. Abbott was unable to find luxuries for his life. It turned him violent and at last a vulnerable criminal ready for bloodshed every time. He could guess no reason behind his violence but the society which behaved brutally towards him. He thought he had to react in a harsher way. The only solution his mind picked was his yearning for a society where he could find everything he wished whether due or undue. When this was his mindset, the

Curbing Examination Malpractices in Nigerian Educational Assessment Essay Example for Free

Curbing Examination Malpractices in Nigerian Educational Assessment Essay The paper examines the role or intervention of guidance and counseling in curbing examination malpractice in Nigerian educational assessment among all the stake holders in education industry. Counseling can be of much interventional assistance in bringing re-orientation of students, teachers, the school and the society. Also provides social, orientational and psychological counseling as an antidote for examination malpractice in Nigeria. Therefore, this paper dwells on concept of guidance and counseling, what examination malpractice is all about, and exposes the causes and an overview of background of examination malpractice in Nigeria is discussed. Similarly, the social effects of examination malpractice is discussed as it affects the political, moral, socio-economic of the nation and conclude with suggestion and solutions through counseling intervention so as to protect the validity and sanctity of examination in Nigeria All over the world examination is considered very important in educational system. By means of it, learners are formally measured and placements are made based on the results accrued from it. In Nigeria, education has been adopted as an instrument for meaningful national development. Therefore, government, communities, private organizations, and individuals have established educational institutions with a view to training the citizens for the development of the nation’s physical and human resources. In these institutions, teaching and guidance services are supposed to take place so that appropriate skills and knowledge can be acquired by the learners. Furthermore, machinery through which the extent of knowledge and skill acquisition is determined at each stage of learning has been set up. This is in form of examination which would be organized in order to evaluate, assess, place and test knowledge and skills. The outcome of the examination is used as a basis for decision making on the examinee’s ability. In view of the exceeding importance attached to examination at national and international levels, examinations are seen as an activity that should be executed well. Learners in Nigeria see examination as activities that should be successfully carried out if future is assured. Thus, there are many instances where there are tendencies to pass examination at all costs. These trends and phenomena really called for concerns from all Quarters including the professional guidance counselors. Educational Guidance as seenbyEncarta(2009),a process of helping students to achieve the self-understanding and self-direction necessary to make informed choices and move toward personal goals. Guidance focuses on the complete development of individual students through a series of services designed to maximize school learning, stimulate career development, and respond to the personal and social concerns that inhibit individual growth. Although guidance activities are usually associated with educational professionals known as counselors, educational guidance is actually a cooperative enterprise involving the participation of teachers, administrators, other educational specialists, and parents. Similarly, Egbule (2002) puts the concept of Guidance and Counseling as a helping service in the understanding of the factors or events that led to the conceptual evolution of it as a subject matter, a professional discipline and indeed a helping service. Meanwhile, he submitted further that it is these factors that are responsible for its popularization as helping service and subsequent use in resolving various educational, vocational and socio-personal problems of individual in the society. Some of the factors according to Egbule, (2002) include: * Traditional practices relating to advising * Civilization in modern society and problems associated with it * Development in the field of psychology and philosophy * Educational development * Socio-political developments * Different behavior problems of individuals that require counseling, among others. Ipaye, (1983) in Abdu, (2007) define guidance and counseling as a helping service that provides the atmosphere as well as the setting within a professional counselor can help a person (client) or a group of person in terms of resolving educational, vocational and personal-social problems. It is also the process of assisting the individuals acquire, get acquainted with and becoming aware of the opportunities in the personal, social, educational and vocational world. This is with a view to experiencing and exploring various interventional communication roles. No doubt, counseling has a long interventional role to play by virtue of its significant relevance in curbing examination malpractices in Nigerian educational society as the comprehensive services would bring about positive attitudinal change in individuals thus creating an opportunity to operate in an atmosphere free from corruption and tension. Administration of examination has generally been associated with the problem of cheating, otherwise known as examination malpractice. Examination malpractice has been defined in various ways. Imogie (2001) in Umar A and et al (2009) maintain that it involves wrong doing before, during or after an examination by candidates and sometimes invigilators, supervisors, typists, printer, or group whose actions give a candidate or group of candidates an undue advantage in an examination. It is also seen as an improper and dishonest act associated with examination with a view to obtaining unmerited advantage, while WAEC itself consider examination as any irregular behavior exhibited by candidates or anybody charge with the responsibility of conducting examination in or outside the examination hall, before, during or after examination. (WAEC, 2003) It could be deduced that examination malpractice is all round irregularities associated with the conduct of examination. Since human beings have always been conscious of human ability and efficiency in the area of appointments or promotions, examinations of different form or standard have been with mankind in the course of human evolution. Examination has along history in the world as reported by Pratt (1980) in Umar G, Mburza A, Bulama K, (2009) that examination malpractices was first noticed over 3000 years ago in the famous Chinese Civil Service and regulations which include death penalty for both the guilty students and examiners. Olowu, (2006) in Nnachi, (2009) added that from China, formal examination spread to different parts of the world. By the middle of the 19th century, competitive examinations were introduced in Britain and India for the selection of government officials. Corrupt practices in examination in Nigeria dated back to the pre-independence. According to various sources, the first publicly reported case of examination malpractices was in 1914, when the question papers of the Senior Cambridge Local Examination were reportedly seen by the candidates before the date of the examination. Since then, there have been incessant cases of irregularities reported on annual basis, the outstanding years were 1963, 1967, 1970, 1973, 1977, 1979, 1981, 1985, 1987, 1991, 1994 to 2003 (WAEC, 2004) the major features of the examination malpractices reported were: impersonation, smuggling in foreign materials, slot in, stealing, converting, collusion in examination hall, mass cheating, mass organized cheating, unlawful assistance from teachers and outsiders and insult on supervisors. This ugly phenomenon is inimical to academic and social development and it needs to be addressed drastically. The incidence of examination malpractices over the years has become so alarming in both public and private institutions despite various sanctions employed. Examination malpractices have in recent years remained one of the disturbing phenomenons in educational institutions in Nigeria. The trend which takes different dimensions and forms has become alarming especially in higher institution of learning. It is not limited to internal examination prepared by schools, colleges, polytechnics, and universities, but it has gone up to external examinations such as WAEC, NECO, UTME, NTI, NABTEB, and professional examinations. The situation became embarrassing to the nation that the Federal Military Government had to promulgate Decree20 to deal with it. Part of the provision of the Decree reads: Any person who fraudulently or with intent to cheat or secure any unfair advantage to himself or any person or in abuse of his office, produces, sells or buy, or otherwise deals with any question paper intended for the examination of persons at any examination or commit any of the offence specified in section 3 (27) (c) of this Decree, shall be guilty of an offence and on conviction be sentence to 21 years imprisonment. However, Examination Malpractices Act 33 of 1999 reversed the above Decree but stipulates punishment ranging from a fine of N50, 000 to N100, 000 and imprisonment for a term of 3-4 years with or without option of fine. It is regretful to note that this is a toothless bulldog as none of these penalties has been fully implemented, if at all they are implemented.

Ethical, Legal and Professional Duties of Nurses

Ethical, Legal and Professional Duties of Nurses Introduction: Nurses are subject to a large number of ethical, legal and professional duties which are so many to be discussed in this essay so that is why only main important ethical and legal duties will be discussed in this essay. According to the scenario, these main ethical and legal duties will be respect of patients autonomy and the duty of care which is given to all the patients. These duties are professional and legal in New Zealand and even all over the world which when breached can lead to legal implications. These duties are ethical duties as well because ethical considerations arise when these duties are breached, considerations such as when can these duties be contemplated, so there for these duties are ethical duties as well. In this essay, the whole critical discussion will be about the professional, ethical and legal issues that arise according to the given scenario. According to nursing council of New Zealand, nursing profession is bounded by its own code of ethics. Ethics is defined as the branch of philosophy that addresses questions about morality, that is, concepts such as good and evil, right and wrong, justice, virtue, etc. In this critical discussion, Autonomy will be the main aspect, autonomy of patient and judgement of health professional in betterment of the patient. The competencies and codes related to the above scenario according to nurse perspective are that the nurses should act ethically maintaining the standards of practice and nurses should respect the rights of the clients. These codes used in this scenario actually mean that a nurse should acknowledge and allows the individuality of a person, should act in a culturally safe manner, should use knowledge and skills for the benefit of the patients, nurse is responsible for maintain standards in her professional practice and should practice in her own scope of practice. A registered nurse is actually defined as the person who uses nursing knowledge and critical nursing judgement to assess health needs of a patient so that the best health care can be provided and advises people to self manage their health. In this scenario, the patient states the pain score as 8/10 after three hours of having morphine and the doctor thinks the patient has become dependent on morphine. Being a nurse one should ask the patent to wait for another hour so that he can have another dose of morphine and then nurse should assess if the patient is actually dependent on morphine or he is actually in pain. As a nurse, she needs to have courage, honesty and should maintain the advocacy role. In this scenario, it is very critical to decide that if the patient has become dependent on morphine or is it the doctor who thinks the patient has become dependent, being a registered nurse; one should maintain the autonomy of the patient keeping the standards of health care provided to the patient. Autonomy refers to the human capacity for self-determination and independence (Journal of clinical oncology:2001). Autonomy has two aspects, one from the nurses view and another one from patients perspective, so n this essay we will discuss autonomy issues from perspectives of nurse and the patient. In this case Mr. S is making constant requests for having 40mgs of morphine which is prescribed to him every 4hours PRN. He also states that the morphine is not actually relieving his pain and after three hours of having morphine he asks for another dose. Doctors think that the patient has become dependent on morphine so the doctors prescribe him for a placebo of normal saline instead. There is a case study which is concerning about issues in autonomy of patients which is mainly focused on nurses perception of patients autonomy and category of regaining autonomy in patients. The autonomy of patients is usually affected by circumstances such as family, health care provider, community etc. It is believed that the autonomy issue can only be resolved by a team effort, which can include processes of health education, self management etc (Proot et al: 2002). The main point of concern in this scenario is that the patient is given a placebo instead of the morphine, so that the patient would not ask for morphine again and again. The justification for giving placebos is that in the judgement of the giver, the act is beneficial to the patient (Rumbold. G, 1999). This point has both positive and negative impacts on the patient and on the health practitioners and the nurses. This is also according to Health Practitioners Competence Assurance Act 2003 that the patient should be safe.The Health Practitioners Competence Assurance Act 2003 provides a framework for the regulation of health practitioners in order to protect the public where there is a risk of harm from the practice of the profession (Ministry of health: 2010). The positive point is that if the patient has become dependent on the morphine, which is not good according to the patients health, which is why prescribing a placebo would be a better alternative for patients health. This is t he good point of this scenario according to the nurses perspective as the nurse would always work for the better health of the patient which can only become positive results for them instead of them being dependent on any medication. There is another positive point according to the nurse perspective which could be a main concern that the patient is demanding morphine repeatedly to make him feel satisfied and relieved from pain, but according to the nurses assessment, the patient feels satisfied and relieved mentally but that is not true, actually the patient has become mentally stuck that morphine s the only medication which can heal his pain. So, giving him placebo is a better option. There are some negative points as well. According to the New Zealand legislation, this action of nurses comes against The Human Rights Act 1993, which states that every individual has a right to know the truth. In this scenario, the patient is unknown of the fact that he has been administered for a saline instead of morphine. According to a nurse, the biggest ethical, legal and the professional issue here is autonomy of the patient. Autonomy is a very powerful aspect of ethical framework of almost all over the world. Autonomy is a concept found in moral, political, and bioethical philosophy (Autonomy: 2010, July). In these contexts, it refers to the capacity of a patient to make an informed decision. In moral and political philosophy, autonomy is often used as the basis for determining moral responsibility for ones actions (Autonomy: 2010, July). Autonomy means to respect rights of others to determine a course of action. So in this scenario, according to the right of autonomy based on standards of ethics, nurses should respect the patients decision and should respect of what they want. Health professionals have no right to deny patients decision. Nurses should respect patients decisions and their autonomy to develop a trustworthy and professional relationship. According to this scenario, the patients auto nomy should be respected as the patient states the pain score of 8/10 after three hours of having morphine. Mr. S has a right to decide if the morphine is relieving his pain or not and the health professionals are meant to respect his decision as patient is the person who is suffering from a very severe pain. Nurses should provide proper education to the patient and should inform about the consequences of having morphine repeatedly so that the patient can chose the best possible intervention for him. The patient also has the right to have the informed consent about any medication which is prescribed to him. If he is given an unknown medication without his consent, it comes against legal issues and can cause legal implications. In Mr. S case, if placebo of saline instead of morphine is administered to the patient without his consent, then he has the right of action to say that the medication was given to him without the consent and it can make legal implications. So, before prescribing or administering any medication to the patient, doctors or nurses should have full consent of the patient. Therefore informed consent is an ethical, legal and a professional duty of nurses and even every health professional. Consent is very effective in abiding ethical and legal duties. Sometimes, according to a nurse, it can be effective for a patient not being informed about the medication, to get positive outcomes for patients health. It is effective according to the nurse, but it is actually enabling patients decision and his condition. In some cases if a patient is unable to express what he wants, only then a nurse can decide what is best for the patient but a person like Mr. S, who can state his condition must be informed of the placebo of saline. The nurse has a duty to prevent the patient from anything worse happening to the patient but if the patient is not mentally ill, he/ she should have full right to take any decision for them. If the patient says that morphine is not relieving his pain it means that it is not really working for him. It is not good to say that the patient has become dependent on morphine. For example, if nurse administer Mr. S a placebo of saline instead of morphine, his pain can go worst which is not good for the patient and it is not the best practice of a nurse. The New Zealand legislation says that a person has a right to be informed and a right to have freedom. It is under Human Right Act of 1993 which when applied ensures that a person has a right to decide what they want without any interference of any other person. In this act there is a point of having informed medical treatment and a person has right to chose if they want the treatment or not. Ethical issues and changes in society are responsible for nurse-client relationship. The role of the nurse is to maintain clients autonomy, maintain and improve health and promote a professional relationship of trust. The key ethical principles of respect for persons, autonomy, beneficence, nonmaleficence, justice, and veracity should be inclusive in the models of the provider-patient relationship (Margret. M, 1998, para. 1 ). There are some contracts in nurse-client relationship which are boundaries, confidentiality and therapeutic nurse behaviours. Therapeutic nurse behaviours are self awareness, being genuine, respectful, culturally safe, responsible and ethical practice. These are the things which are expected from a nurse by a client and the society. All these contracts are applicable internationally. Nurses being culturally safe with clients have become the nursing practice more powerful. This concept of cultural safety was first introduced from New Zealand and is now used all over the world. Cultural safety is to keep own culture in mind and respecting others culture and practicing in the same manner. Conclusion In this essay, we looked at the case of Mr. S who is in severe pain and is in need of another dose of morphine. He states pain score of 8/10 and doctors think that the patient is dependent on morphine which he would never realise that is healing his pain or not. Mr. S condition successfully states the ethical, legal and professional issues that surrounds nurses and patients autonomy as patients need of morphine would be conveyed by the nurse to the doctor. Here patients condition has been critically discussed and the main influence is on patients autonomy and informed consent of the patient. Nurses roles and the code of ethics have also been discussed in the essay.

Looking At John Okadas No No Boy English Literature Essay

Looking At John Okadas No No Boy English Literature Essay Right from the beginning of John Okadas No No Boy there is the juxtaposition of the Japanese-Americans returning from internment camps at the end of World War II and the Japanese-Americans that pledged themselves to the U.S. Military returning from service overseas. Ichiro Yamada, the protagonist, is facing a personal dilemma of national identity. He blames his stubborn Japanese heritage for him getting locked up, and the Americans were the ones that did the locking. His parents speak only Japanese in defiance to American influence. Despite being born and raised in America, Ichiro claims to be a Japanese nationalist and is consequentially imprisoned. His mother claims that the entire family is wholly Japanese, although Ichiro has never been to Japan. This generational conflict thats common in immigrant families is the spur for Ichiros identity crisis throughout the novel. The one exception to the hostility of the generational split lies in Ichiros friendship with Kenji. Kenji is a decorated war hero that was rewarded for his military efforts with material possessions from the federal government. He doesnt condemn Ichiro for his decision. He instead provides Ichiro a valuable glimpse at the extravagant reward of assimilation, but the image is tainted with the gangrenous injury he sustained in the service. Kenjis character is polarized by that of Freddie. He is an old friend of Ichiros and a fellow No No Boy that is determined to run from his problems with society and his family instead of dealing with them rationally like an adult. Okada associates everything maternal in the story with Japanese loyalty. Ichiro blames his Japanese nationalist mother as the reason that he became a No No Boy in the first place. She is a nationalistic elitist in every sense of the word. She refuses to learn English during the thirty years that she lives in Seattle and doesnt even believe the numerous reports that mighty Japan has lost the war to the Americans. To her, assimilation equals death. By contrast, Ichiros example of successful integration, Kenji, has a superb family life without a mother. When Mrs. Yamada finally comes to terms with Japans loss in the war, she drowns herself in the bathtub. The rest of the family is relieved from the alleviated expectations. Ichiro identifies his mother early on as the solitary force preventing him from reproachfully integrating into popular American culture, but her death provides a passing of the torch in Japanese nationalism and he soon finds out that his problems are of his own making . When Ichiro comes back to Seattle, things are not what he expects. Since he was so abruptly rounded up and shipped off to an internment camp, to proveà ¢Ã¢â€š ¬Ã‚ ¦that they werent American enough to be trusted, he anticipates discrimination among mainstream culture, but he is met with what is developing into the most accepting era in American history (p. 153). The civil rights movement is just around the corner. The hostility that he expects from white Americans doesnt happen. The only bullying he meets is at the hands of other Japanese-Americans. Every powerful white man that Ichiro runs into receives a good impression from him. His old Professor Brown urges him to come back to the university. Mr. Carrick offers him a job on the spot at an engineering office in Portland. Both of them are very sympathetic for what he has endured and disagree with the injustice of the whole affair, yet Ichiro rejects all them. He could assimilate if he wanted to, but he doesnt because he is convinced that since he once rejected the United States that he is forever intolerable to it. He could have been an engineer in Oregon and ascend the social ranks. No longer would he have been a lower-class immigrant, but a shining member of the middle class. Instead, he chooses to maintain his social immobility and cultural isolation. This was a common feeling during this time, as Kenji puts it: They bitched and hollered when the government put them in camps and put real fences around them, but now theyre doing the same damn thing to themselves. (p. 164) Post-war Japanese-Americans are forcing segregation upon themselves. Most Americans, at least in this novel, prove entirely compliant in moving forwards from the past from which they came. They are willing to bring cultural diversity into their schools and workplaces, but the Japanese-Americans seem insistent on continuing their oppression. Early in the novel, Ichiro cites the guilt of his disloyalty to the United States as a reason for not accepting any of these offers. He hasnt fought for the country and doesnt feel like hes earned such lavish opportunities, so he leaves them for truly Americanized people to capitalize on. This reverence exhibited by Ichiro for American culture and those that it approves counteracts his attempts to remain loyal to his Japanese ancestry. He externalizes his need to be devoted to Japan onto his mother, but it doesnt end when she dies. He realizes that her strict codes of Japanese loyalty were not the only thing keeping him from assimilating. Ichiro turns down another promising job offer at the Christian Reclamation Center where the owner had already hired another No No Boy. It is no coincidence that Mrs. Yamadas suicide is juxtaposed with Kenjis death. The chapter in which both events are contained is the turning point in the novel. Mrs. Yamada dies because of her refusal to integrate into American society and Kenji dies from gangrene in an injury he suffered during his attempts to integrate into American society. The two extreme examples of national identity can no longer survive. Kenji tells Ichiro on his death bed that ethnic differences should be transcended to blur the lines of racial distinction, and therefore prove categorization difficult. Ichiro seems to take Kenjis advice to heart when he plans on becoming a true American with a house and a wife and kids, only to put himself on trial moments later for his treasonous intentions. He has also inherited the voice of his mother in his brain in addition to Kenjis a rampant incompatibility. These opposing viewpoints eventually begin to balance each other out, and Ichiro realizes that he is neither J apanese nor American. Ichiro began the novel concerned with improving his public image, and he gradually changes his concern to self-respect. The problem with his initial mindset is that self-esteem is determined by the will of the state. Nations create their own hegemonic value systems in this way to establish cultural standards. The notion of free choice is illusory. It is misery to continually cater to the evaluations of anonymous strangers. To project the lives of others onto oneself is to completely hide ones own personality. Ichiro is ashamed of his disloyalty to America. He acts as if every white American thinks that he is a traitor for not demonstrating himself to the country, but his fixation is evidence that he cares more on the matter than any white character in the story. With the deaths of his mother and Kenji, Ichiro becomes startlingly aware of the importance of his self-respect, since he no longer has his mother to blame his problems on or Kenji to live out his Americanized daydreams. Ichi ro begins to resist integration because, to him, it would mean forfeiting his identity in lieu of conformity. He concerns himself only with his own opinions and thinks independently of the cultural groups which surround him, as Kenji suggested he do. The symbolism of Ichiros altered ideals is apparent when comparing the start and end scenes of the novel. It starts with Ichiro walking out into the downtown Plaza as he contemplates his own path of nationalism, and ends with Ichiro ducking down a dark narrow alley. That path less travelled is precisely the path that Ichiro has chosen to take in his life. He chose not to blaze the beaten paths of American ideals or Japanese elitism that everyone seemed to be treading on, but rather a small hidden passageway tucked in between the two avenues. Throughout the novel, Emi remains an image of normalized American domesticity, and yet another failed opportunity at Americanization for Ichiro. Much like his wasted job offers, Ichiro thinks that he doesnt deserve Emi because her husband is in the military. When she devotes herself to him, they go out dancing and Ichiro fancies the thought of being with a woman that other men want. His fixation on the men that find her attractive rather than the attractive girl herself gives the scene masculine undertones. Emi alone is not enough to sway Ichiro to commit himself to her, but the sheer interest of other men provokes Ichiro think that he has a real catch on his hands. This is a prime example of Ichiro succumbing to the opinions of the general public in America instead of listening to his own self-respect and his own opinions.

The Second Sex by Simone De Beauvoir Essay -- gender differences, 2015

Feminism is the radical notion that women are people. It is the movement for the political, social, and educational equality of women with men. It has its roots in the humanism of the 18th century and the Industrial Revolution. Feminist issues range from access to employment, education, child care, contraception, and abortion, to equality in the workplace, changing family roles, damages for sexual harassment in the workplace, and the need for equal political representation. Some may think that in 2015 we may be completing the first step for women, which has been a long journey, the acceptance of women as people. However, women, like so many other groups, have gained legal rights only to face less institutional, but more subtle forms of discriminations. The idea that women are equal because of women’s rights is in my opinion valid in some ways and invalid in other ways. Traditionally, women have been regarded as inferior to men physically and intellectually. Women could not possess property in their own names, participate in business ventures, or control having children if they wanted them or not or even control of their own lives. The Feminist movement dates from 1848, when Elizabeth Cady Stanton, Lucretia Coffin Mott and others who were at a women’s convention at Seneca Falls, N.Y. issued declaration of independence for women, demanding full legal equality, full educational and commercial opportunity, equal compensation, the right to get paid and the right to vote. In this essay I will discuss The Second Sex by Simone De Beauvoir and her feminist views. I will discuss the gender differences between males and females today as well as in the past. Simone De Beauvoir was born in Paris. She had a younger sister and they lived in middle-class family. She went to a conservative Catholic prep school for girls. She had several licenses, which are equivalent to master’s degrees today, in literature, philosophy and mathematics. While in School she met Sartre a philosopher most closely associated with existentialism. She was one of the first women to pass the rigorous aggregation in philosophy. She taught in Marseiles, Rouen, and Paris from 1931 to 1943, but her contract ended because she was accused of sleeping with a student. After that she began a monthly magazine with Sarte that discussed politics and literature. Simone De Beauvoir’... ... care of the home and their husbands didn’t have a man of her own. Now I don’t know the exact significance of this, but my take on it is that the movie was trying to show that no matter what you do as a woman you can’t make a man stay just because you do what is â€Å"expected†. Overall, feminism aims to have women treat equally as men in all aspects of life. We as women have come a long way since the early 1900s, but really how far have we come? There are still very few women in high positions as me, there still has never been a woman president, and in some cases men are earning higher wages than men even if they hold the same position. However, women have shown that we can do whatever a man can do and we can do it just as good as a man. We no longer have to even consider accepting the fact that we have our â€Å"place† and be seen as the â€Å"object†. Moreover, I think that it is the responsibility of the woman to make sure that she is respected and that she is given the same rights as the man. Also men need to be more aware of the situation that’s occurring. Works cited: The Norton Anthology Theory and Criticism p.1403-1414 www.lib.usc.edu/~retter/1st2.html

U.S. Monetary Policy and What the Federal Reserve :: essays research papers

U.S. Monetary Policy and What the Federal Reserve does. According to the Congressional Budget Office monetary policy is, â€Å"The strategy of influencing movements of the money supply and interest rates to affect output and inflation. An "easy" monetary policy suggests faster growth of the money supply and initially lower short-term interest rates in an attempt to increase aggregate demand, but it may lead to a higher rate of inflation. A "tight" monetary policy suggests slower growth of the money supply and higher interest rates in the near term in an attempt to reduce inflationary pressure by lowering aggregate demand.† In the United States it is the Federal Reserve System that is responsible for defining and implementing these policies. In the United States the Federal Reserve is made up of a Board of Governors, which consists of seven members, all of whom are appointed by the president and confirmed by the Senate. Of these seven, the president appoints one to be chairman of the Board of Governors. The curre nt chairman of the United States Federal Reserve is Alan Greenspan. With the appointment of Alan Greenspan to chairman, monetary policy in the United States changed from a monetarism view, an approach based on a constant growth in the money supply, to a mixed policy. With a mixed policy, inflation is monitored and controled via the iterest rate that banks charge, along with an understanding of unemployment and business cycles. Only a few days ago chairman Greenspan adressed congress and stated that the â€Å"central bank would keep raising interest rates and gave little hint of when it might stop.† This increase of the interest rate would tend to slow inflation as well as possably decrease labor costs and increase productivity. The Federal reserve â€Å"views labor costs as the most important source of inflation, both because labor costs amount to more than two-thirds of total costs and because they can feed a self-perpetuating spiral of higher prices and higher wage demands.† So wat is the reason for the chairman of the Board of Governors to address congress? If the public is informed of the Federal reserves stance and commitment to lower or keep inflation in check we should see lower wages and in turn lower prices.

India Is My Country Essay

India is my country, my motherland. I love it and I am proud of it. India is a big country. In population it is second only to China. India has a rich and glorious past. Once it was the seat of learning. Students from all over the world used to come here to study. Indian culture spread abroad. Indian goods had a ready market in foreign countries. It was a time when India was a land of plenty. Times changed. India fell on evil days. Wave after wave of invaders came and plundered India. India became a slave country. ‘The foreign rulers exploited her as much as they could. India became independent in 1947. The foreign rulers went away. Under the able leadership of Pt. Nehru the country marched towards progress. New industries were set up. Trade increased. There were difficulties in the beginning. Kashmir was overrun by the tribals. There were communal riots Millions of people were uprooted from their homes. India is the largest democracy of the world. We Indians enjoy freedom of speech, worship and press. All citizens have equal rights. India is rich in natural resources, yet her inhabitants are poor. The mineral wealth of the country is unexplored. Under the Union Government, new industries are being set up. Already Indian goods are being exported to other countries. New methods of agriculture are being used to increase food production. She has already become self-sufficient in food. In the field of science and literature, India has produced eminent people like Rabindra Nath Tagore, Sir C.V.Raman, Sir Jagdish Chandra Bose and Shri H.N.Bhabha. India is a peace loving country but she has to spend a huge amount on defence because there is danger from her neighbours, namely Pakistan and China. The present Government under the new Prime Minister is trying to befriend them. India is a land of villages with many languages but there is unity in diversity. Ours is a secular state and all religions flourish side by side. My country abounds in glorious historical buildings and scenes. There is not a tourist who does not visit the Taj Mahal — the symbol of eternal love or Kashmir, the heaven on earth. My country is a land of temples, mosques and churches, great rivers and vast fertile plains of the Ganges and the highest mountain of the world. It is the land where civilization first blossomed in the world. Our fields are fed with perennial waters of the rivers.India is my first love and I would readily lay down my life for it if need be.

Cadence in Shakespeare

bill is an often overlooked face of writing that is signifi give the gatet in the exertion to transform the substance of text. The use of he craft husk is close to often only considered relevant in an approach to poetry or music however, poetic stratum is utilise in other genres of writing and is an relevant approach to literary criticism. An roots intended message is intricately twine into the time in which the discussions ar to be delivered. In rove to cherish the pass delivery of Shakespe atomic number 18, in particular, unrivalled moldiness(prenominal)(prenominal) consider the implications of intended measurement.Although Shakespe bes create target be enjoyed through a silent meditateing, certain nuances of his make ups are deep in thought(p) with appear the aspect of performance or economy in which the beat is more visible. In an article from The Sunday Telegraph capital of the United Kingdom Charles Spencer approaches the importance of step in p erformances of Shakespeare. He gets his point across very strong by stating that Anyone who has been to see Shakespeare in the field of operations recently will recognize this make love.An instrumentalist is tearing a passion to tatters and subsequently what seems same(p) several yards of fraught blank space poesy, you belatedly realize that you have scarcely the faintest clue as to what hes been banging on about. The odd word or phrase sinks in, tho hitherto spoken languagees you k at present well on the paginate seem shrouded in obscurity on the stage. Luckily this is non al directions the case. some(prenominal) of us have also had the delectation of watching a performance in which the actors manage to deliver the euphony with such(prenominal) clarity that even Shakespeares k nontiest, and close to clotted passages make crystal spot aesthesis (Spencer).An enjoyable performance of Shakespeare relies on the seemly delivery of cadence. The intended meaning tail assembly be completely lost if the cadence is not delivered correctly. So how do we secern the intended cadence? Peter Hall, author of Shakespeares Advice to the Players, insists that Shakespeare himself provides all the clues about how to articulate his poetise . . . moment by moment, and margin by promissory note (Spencer). There are many elements involved in find cadence.Read more about outstanding CriticismAccording to Hall one must primary study the mechanics of blank verse, whose building block is iambic pentameter and in fetchition one must also focus on the structure of the air travel, s smokesion, the caesura, monosyllables, pauses, alliteration and rhyme (Spencer). He goes on to say that Shakespeare tells the actor when, save he never tells him why or how (Spencer). The why or how of delivering Shakespeares verse is left to the interpretation of the reader or performer. Spencer concludes this article by saying thatShakespeares text is a complex slay that dema nds to be read as a piece of music, learned like the locomote of a dance, or practiced like the stroke of a duel . . . that the paradox of art is that the rules of form must always be challenged in pitch to achieve spontaneity. Yet they must not be completely destroyed. There is a balance between discip distri besidesion channel and exemption which only the great creative flair or the astonishing performer can achieve. Lets look at the mechanics of blank verse. Blank verse is be as unrhymed iambic pentameter.Iambic pentameter is a metrical pattern in poetry which consists of phoebe bird iambic feet per tie (Meyer 1617). In Freeing Shakespeares vocalization Kristen Linklater states that beatnik takes language and adds an innermost baffle that trigger offs it, shakes it, and channels it (92). She goes on to say that A poet uses beat to shape language into dramatic peaks and valleys, and major clues to topography of any disposed guesswork in a Shakespeare play are to be fo und in its lilting dynamics (92). Linklater also states thatThe verse circle that reigns supreme in Shakespeare is iambic pentameter which is the introductory rhythm of the English language . . . and by the end of the sixteenth century, the development of prosody had determined five to be the most satisfying number of iambic feet per line for English dramatic, or heroic, verse. Furthermore, In tattle the Speech Shakespeares Monologues Illuminated, authors Rhona Silverbush and Sami Plotkin justify that Verse is an efficient and compelling marrow of communication.It enables the author to generate more layers of meaning in fewer run-in and Because verse is an elevated form of language, it elevates the dramatic experience (246). Caesura is a pause within a line of poetry that contri exclusivelyes to the rhythm of the line (Meyer 1617). Alliteration is the repetition of the same agreeable large(p)s in a sequence of words, ordinarily at the beginning of a word or stressed syl lable (Meyer 1615). And rhyme is defined as the repetition of identical or similar concluding syllables in divergent words, most often at the ends of lines (Meyer 1633).All of these elements are in the structure of a line and Shakespeare uses these elements in his writing. Therefore the structure of the line seems to hold the key to the intended cadence. Rhythm is what makes poetry and music die hard. It is what makes a row memorable. And if used correctly it signifies the importance of what is creation said. It is a subtle way of acquire a point across and accentuating what the utterer or author wants you to hear. The way a line is read can depart the impression made on the consultation as much as the words that they hear.In an article authorise The sound of Your Stories Philip Martin states that Cadence in literary terms is the rhythm or metre of a blow of words, how the flowing phrases sound on the ear. It is derived from the Latin, to fare the rise and fall of the po etic beat or the inflection of the human go. Similarly, in an article written by Dennis Jackson, it is said that Signaling significance, cadence au soticates your express. Furthermore Jackson states that A cadence is a pause that meaningfully punctuates the flow of music.Similarly, in our writing, cadences are stress points, moments where phrase structure and substance team up to convey special meaning. He then goes on to say that Cadences are the drumbeats that sound through our prose signaling significance to readers, coitus them how the writing is to be read. He uses Dr. Martin Luther King Jr. s I have a dream speech to illustrate how cadence can tinge the way we hear or read words. He mentions rhetorical techniques that King uses such as grammatical parallelism, repetition, and manipulation of clock time lengths to achieve rhythm and affect cadences that emphasize his main points (Jackson).In Simply Shakespeare, Widdicombe mentions that if pace doesnt change monotony sets in (171). He looks at Hamlet and proposes can he Shakespeare hold an audiences forethought for more than four hours and almost 4000 lines? The dissolving agent is a resounding ?yes (172). One of the reasons given for Shakespeare being able to successfully bread and butter the audiences attention is the way Shakespeare applies his stagecraft to the plays pacing (172). another(prenominal) important aspect of cadence is brought to shed light on by Jackson G. Barry.In an article entitled Shakespeares Deceptive Cadence A Study in the structure of Hamlet, Barry puts forth the concept of unreal cadence, which is a melodious term associated with classical music in which the generally assumed and therefrom synthetical conclusion given by the accord progression is broken and replaced with some other, not as fitting or perfect, agree. According to Barry this misleading cadence can be found throughout Hamlet, but becomes especially prevalent during the third act, in which Hamlet k ills Polonius.The idea is that the deceptive cadence used in Hamlet serves to evoke and extend the play into the full five act form and without the use of this deceptive cadence, Hamlet would have been able to move forward with his plans for vengeance and would have had nada to mark or scar his take in conscience (Barry). He states that until this point the play had been building with steady momentum but this tragic turn of events breaks up the standard and logical progression of the play and thus diverts Hamlet from his true task and goals.Without this deceptive cadence Barry states that the true element of catastrophe would have been lost, and with it a great administrate of substance from the piece. So now we have the idea of deceptive cadence to contend with. The way a figment slows down or changes direction thence can also affect the meaning of a work. Shakespeare adds a great business deal to the play by using this deceptive cadence in Hamlet in order to change the mood and add to the tragedy of the story. Round and around, like creatures done for(p) slightly mad, the students march to a slow, rhythmical chant.Their eerie cadence rises to the upper rows of the racy concrete theater, its piece both melodious and unnerving (Jones). Tone and emotion are portrayed through cadence. Shakespeares words are well known by many people. Even those who have not read or seen his work can recognize, or even recite, a Shakespearian quote. His use of the English language is for sure beautiful. He paints a picture for the audience with his words and manipulates the language in order to achieve the desired effect. Shakespeare manages to portray the effect of every human emotion.According to Ralph Waldo Emerson reading for the comprehend will best bring out the rhythm he states that Shakespeares out of sight is that the thought constructs the tune. The process of taking into custody and perform Shakespeare is a task attained on many levels. Not only must on e consider the mechanics but also the thought process shadower the authors intentions. Poetic form is a complicated work of art that can not be approached without understanding the importance of cadence. The voice makes all the difference. at once you have heard how the lines are vatical to be delivered, it is much easier to appreciate and understand Shakespeare.

Environmental Law

AN INTRODUCTION TO ENVIRONMENTAL LAW James Maurici, bourn Chambers Introduction 1. This talk fox attend to at i. What is environsal just grouch? ii. The sources of purlieual faithfulness iii. m any key designs in milieual faithfulness the pr dismantletive normal, the polluter bears, sports stadium troth and ingress to surroundingsal rightness iv. An introduction to the briny aras of environsal police force a. gloriole quality b. clime modification c. dirty set ashore d. noise e. milieual set asideting f. overplus g. ater h. nature conservation i. nuisance j. purlieual tinge prisement k. strategic environmental assessment l. bring in v. round recent distinguished environmental waits. 2. gain reading the beat bring out introduction to the subject is the clarified Bell & McGillivray, environmental Law (OUP, 7th ed. , 2008). What is environmental virtue? 3. There is no agreement on what environmental virtue is. This is a source of sempiter nal (academic) debate. 4. What is the environment? Some profound definitions i. S. (2) of the environmental tribute coiffe 1990 (the EPA 1990) The environment consists of all, or any, of the chase media, namely, the snap, water and land and the medium of air includes the air inside clearings and the air inside round separate rude(a) or man- do structures above or below ground. ii. surroundal Management Standard ISO 14001 air, water, land, natural resources, flora, fauna, human races and their sink singing iii. See similarly annex I to the Aarhus practice, of which more than(prenominal) later 1 5. A rising subject, growing? cipher Maturity and methodology starting a debate ab bulge environmental rightfulness light Fisher, Lange, Scotford and gondola carlarne, J. Env. L. (2009) 21(2), 213-250. Fundamental questions ab extinct environmental equity i. Christopher Stone, Should Trees sire Standing? Towards Legal Rights for intrinsic Objects (1972) S v erbotenhern atomic matter 20 LR 450-501 ii. Wild Law? The term wild truth was freshman coined by Cormac Cullinan, a natural integrityyer ground in Cape Town, S go forth(p)h Africa (Wild Law A Manifesto for Earth justness, jet Books, Totnes, Devon, 2003) hold http//www. ukela. org/rte. asp? d=5 and On thin ice Could wild im partial derivativeitys defend all the Earths community including animals, visualisets, rivers and ecosystems cede our natural world? , by Boyle and Elcoate (The Guardian, 8 November 2006) the view is Fish, trees, fresh water, or any elements of the environment, having legal rights which empennage be vindicated by local communities (http//www. guardian. co. uk/environment/2006/nov/08/ethical active. society). surroundal jurisprudence has more aspects i. Private law tort especially nuisance ( e genuinelyday and insular), and in any show eccentric person prop law ii. macrocosm law state prescript a. wadting ensamples water quality, ai r quality b. equiring self-confidence of activities town planning, environmental permitting c. Prescribing social functions to be carried out EIA, sea nature d. Identifying land or species that moldiness be protected conservation, Sites of Special Scientific Interest (SSSIs), the Green Belt, AONBs etc e. Banning activities fly tipping f. Creating civil liability contaminated land regime ( butt against below) the environmental indebtedness guiding 2004/35 consumeed by the environmental victimize ( bar and Remediation) Regulations 2009 (http//www. defra. gov. uk/environment/ insurance policy/liability/) etc. iii. turn law environmental crime a.numerous offences in many good turns b. milieu manner ( act uponerly discipline Rivers Authority) v Empress Car Co 1999 2 A. C. 22 unknown whateverone opened the unlockable tap of a diesel cooler kept by Empress in a super acid which drained this instant into a river, with the result that the circumscribe of the tank overflo wed and drained into the rivers wet. Empresss conviction for make poisonous, noxious or polluting take to enter chequer conduct waters contrary to the pee Resources enactment 1991 s. 85(1) on a prosecution brought by the NRA upheld by HL 6. 7. 2 c. See the Environment self-confidences prosecution guide http//www. nvironmentagency. gov. uk/business/444217/444661/112913/? version=1&lang=_e d. A new approach The regulative Enforcement and Sanctions encounter 2008 (RESA 2008) principal(prenominal) furnish brought into force 1 October 2008. The Act cooks government activity the power to indue regulators, including local regime, the Environment Agency, Natural England, side Heritage, the Countryside Council for Wales and otherwise(a)s range of new enforcement powers (called civil sanctions). The Act was a answer to a review by Richard Macrory1 that criticised the heavy reliance of healthful-nigh demesnes of regulation on criminal sanctions.The civil sanctions intr oduced atomic build 18 mean to submit regulators with an alternative to prosecutions and stockal cautions. The conception is that the new sanctions volition create a more proportionate regulatory modelling, and overcome the administrative burden for regulators and businesses alike. 1. The civil sanctions created by RESA 2008 include a. opinionated fiscal penalties in compliments of relevant offences (ss. 39-41) b. discretionary requirements which whitethorn include un treatedtled fiscal penalties, compliance requirements, and restoration requirements (ss. 42-45) c. top signalises, which eradicate a modulated individual from carrying on a picky activity (ss. 46-49) d. enforcement lowtakings, whereby regulated souls avoid the instal of other civil sanctions by raft the stairstaking to as trus iirthy sealed works (s. 50). 2. The actual schemes for these civil sanctions argon to be make by the relevant government departments in respect of the matters falling at bottom their respective(prenominal) competences. RESA 2008 scarcely provides the statutory infrastructure for much(prenominal) enforcement mechanisms. In the environmental background, the Environment Agency and Natural England are the first to be given powers infra(a)(a) RESA.The environmental civil Sanctions (England) Order 2010 and the Environmental Sanctions (Misc. Amendments) (England) Regulations 2010 make up now been place in advance parliament. The Welsh Assembly presidential term is brief up co-ordinated secondary polity in Wales to p flummox civil sanctioning powers to the Environment Agency in Wales. 3. The Environment Agency press release on 3 February 2010 says The Environment Agency will be consulting business from 15 February 2010 to champion shape how the new powers will be implemented. The Orders provide only halt on the take aim of the penalties to be provided for 1R Macrory Regulatory jurist Making Sanctions Effective Cabinet king Novembe r 2006 3 4. 5. 6. 7. a. In relation to fixed monetary penalties, the take aim of penalisation is set at surrounded by ? 100 ? 300 (Para. 3, Sch. 1) b. In relation to versatile monetary penalties, no maximum level is set by the RESA 2008, save that where the offence is triable only summarily, the punishment must(prenominal) non exceed the maximum measuring for that fine (Para. 4, Sch. 2). An typesetters case case in the DEFRA extension proposes a variable monetary penalty of ? 38,500 for a water befoulment incident as a result of poor site maintenance.The Environmental polished Sanctions (England) Order 2010 though sets a maximum square off of ? 250,000. RESA 2008 provides that the regulator may only impose a monetary penalty in respect of a relevant offence where it is satisfied beyond commonsense doubt that the subject of the penalty has committed the relevant offence (s 39(2) s. 42(2)). Both fixed and discretionary monetary penalties are to be obligate by the u tility of a notice of intent to impose a penalty, which affords the subject of the penalty an opportunity to make re fork overations to the regulator.If the soulfulness fails to convince the regulator that the penalty should not be issued (or perhaps that the beat of the penalty should be reduced), the regulator will then issue a closing notice requiring the commitment of a penalty. Where a fixed or variable monetary penalty is imposed on a person, or when a notice of intent is served, criminal legal proceeding burnnot be swallowpreted in respect of that person (ss 41, 44). As much(prenominal), the monetary penalty is intended to replace the criminal offence. flow notices are notices issued by a regulator with the intention of prohibiting a person from carrying on a plastered activity until the steps pecified in the notice develop been taken. They toilette be imposed where the regulator reasonably believes that an activity (pre movely occurring or likely to occur) is ca using, or births a significant risk of causing, weighty harm to human wellness, the environment, and the financial interests of consumers, and the regulator reasonably believes that the activity as carried on involves or is likely to involve the thrill of a relevant offence (s 46(4)). Persons receiving a ut almost notice, or a stop notice, take a crap a right of appeal.That right of appeal must supply the subject of the penalty to challenge the decisiveness on (at least) the following primarys chatter RESA 2008 a. That the determination to impose the penalty was ground on an error of incident b. That the finis was wrong in law 4 c. That the finality was unreasonable (and in the case of variable penalties, that the inwardness of the penalty was unreasonable) d. In relation to stop notices only, that the person has not committed the offence and would not be bring on committed the offence if the stop notice was not served. 8.In common with the other civil sanctions, the appeal is made to the new Regulatory Chamber of the First-tier Tribunal created under the Tribunals, lawcourts and Enforcement Act 2007. RESA 2008 itself contains no indication of what level of test the Tribunal will apply to a decision of a regulator. On the face of the Act, it is not put one across whether it should apply a Wednesbury test, or whether it should (in effect) retake the decision. However, the delineate Order provides that the regulator must prove the equip of the offence beyond reasonable doubt on appeal and that the tribunal must determine the standardized of proof in any other matter.An appeal from the First-tier Tribunal is to the Upper Tribunal on a smudge of law only. 9. obligate 6 issues foregather Rethinking regulatory sanctions Regulatory Enforcement and Sanctions Act 2008 an qualify of letters E. L. M. 2009, 21(4), 183-18. iv. EC law generally verbalise 80% of environmental law in UK derives from EU call below. v. Inter subject law see merel y below, increasingly important. 8. Planning law is planning law part of environmental law? Yes, undoubdetly. But beyond this talk to consider see Moore A possible Approach to Planning Law (10th ed, OUP).Who are the regulators? i. primal Government Defra, DCLG, DECC but as well DfT, BERR ii. Local Government historical role in national health shelter. Now Town & Country Planning, EPA 1990 (statutory nuisance) noise to a fault air quality and trouble and contaminated land (for non-special sites). to a fault a regulator under Environmental Permitting Regulations 2007 (soon to be 2010, the EPR) for certain installations iii. The Environment Agency an decision maker non-departmental government body, principal environmental regulator in England & Wales.Responsible for environmental permitting, water resources, flooding and coast management, decamp, arcs work. 13,000 employees. In Scotland SEPA iv. Natural England merger of English Nature and Countryside Agency responsible for n ature conservation, species and habitat guard, National Parks, Countryside and Rights of expression Act. CCW similar role in Wales. In Scotland stinting National Heritage v. Others Maritime and Coastguard Agency alcoholism Water Inspectorate Nu attain Installations Inspectorate. 5 9. The sources of environmental law (1) International Environmental Law 10.Important institutionalize sour on interior(prenominal) law, but in addition on EC law and through and through that internal law. 11. Some examples the 1979 Geneva shape on Long-Range Transboundary Pollution, the Kyoto communications protocol, and the Aarhus assembly (see below). 12. Illustrate immensity of International Law by reference to the UNECE convening on Access to info, general Participation in Decision-making and Access to Justice in Environmental Matters (the Aarhus Convention). The Aarhus Convention entered into force in October 2001. It was formalize by the UK in February 2005, and by the EU in the same month.As of 8 September 2009, on that point were 43 Parties to the Convention. 13. name 1 In exhibition to contribute to the protection of the right of every person of present and future generations to live in an environment adequate to his or her health and well macrocosm, each(prenominal) political party shall guarantee the rights of opening to discipline, unexceptional betrothal in decision making, and access to justice in environmental matters in pact with the provisions of this Convention. 14. The Convention contains cardinal tolerant themes or pillars i. access to environmental n organic law ( obligates 4 -5) ii. creation affair in environmental decision-making ( constituents 6 -8) and iii. access to justice in environmental matters ( oblige 9). 15. Former unify Nations Secretary- public Kofi Annan state Although regional in scope, the significance of the Aarhus Convention is global. It is by far the most impressive elaboration of linguistic rule 10 of the Rio answer, which stresses the conduct for citizens participation in environmental issues and for access to discipline on the environment held by public authorities.As much(prenominal) it is the most ambitious venture in the area of environmental democracy so far undertaken under the auspices of the United Nations (emphasis added). 16. It has had, and continues to relieve oneself a threatening impact on the outgrowth of EC and UK environmental law. 17. Access to environmental orbit i. the Environmental Information Regulations 2004 (SI 2004/3391) (the EIR) ii. implements directional 2003/4/EC on public access to environmental knowledge (EI leading). The EI directive repealed the earlier guiding 90/313/EEC and was intended to give effect to the Aarhus Convention. 6 18.The EIR apply to environmental information, which is defined in regulation 2 in the following way environmental information has the same meaning as in term 2(1) of the Directive, namely any information in written, visual, aural, electronic or any other material form on (a) the state of the elements of the environment, such as air and atmosphere, water, soil, land, landscape and natural sites including wetlands, coastal and marine areas, biological diversity and its components, including genetically modified organisms, and the inter accomplishment among these elements (b) actors, such as substances, dexterity, noise, radiation or waste, including radioactive waste, discharges, discharges and other releases into the environment, affecting or likely to affect the elements of the environment referred to in (a) (c) measures (including administrative measures), such as policies, statute law, plans, programmes, environmental agreements, and activities affecting or likely to affect the elements and factors referred to in (a) and (b) as well as measures or activities intentional to protect those elements (d) shrouds on the carrying into treat of environmental legislation e) cost-bene fit and other economical analyses and assumptions used within the framework of the measures and activities referred to in (c) and (f) the state of human health and safety, including the defilement of the food chain, where relevant, conditions of human life, cultural sites and built structures inasmuch as they are or may be bear on by the state of the elements of the environment referred to in (a) or, through those elements, by any of the matters referred to in (b) and (c) 19. As is clear from the EIR, that definition replicates that in the EI Directive, which in turn is in similar terms to the definition of environmental information in the Aarhus Convention. The ECJ has treated environmental information as having a broad meaning under Directive 90/313/EEC.In side C-321/96 Mecklenburg v Kreis Pinneberg Der Landrat 1998 ECR I-3809, the ECJ nominate the wording of the definition (albeit different from that in the present version of the EI Directive) to create a broad concept of w hat can constitute environmental information. 20. A broad interpretation of the meaning of environmental information is in any case advocated by the Information delegacyers Office (ICO), see http//www. ico. gov. uk/what_we_cover/environmental_information_regulation/guida nce. aspx. Requests falling under the EIR must be dealt with under those regulations and not as an FOIA request. NB the appendages and exemptions are different. 21.The unequivocal coquette in Office of Communications v Information armorial bearinger 2010 UKSC 3 referred to ECJ the following question nether Council Directive 2003/4/EC , where a public authority holds environmental information, disclosure of which would fuddle some adverse effects on the separate interests served by more than one exception (in casu, the interests of public bail served by article 4(2(b) and those of intellectual property rights served by article 4(2)(e)), but it would not do so, in the case of either exception viewed separately , to any bound sufficient to outweigh the public interest in disclosure, does the Directive require a further sour involving the cumulation of the separate interests served by the two exceptions and their weighing together against the public interest in disclosure? . The information requested relates to the precise location of mobile forebode base stations in the United Kingdom. 7 22. For other cases touching on the EIR see Veolia ES Nottinghamshire Ltd v Nottinghamshire CC 2010 Env. L. R. 2 and the BARD case discussed in the Annex below. 23. Public participation in environmental decision-making In R(Greenpeace Ltd) v Secretary of carry for Trade and In clayry 2007 Env. L. R. 29 (a challenge to the audience process in relation to new bod nuclear) Sullivan J said 49. Whatever the position may be in other policy areas, in the evolution of policy in the environmental subject field denotation is no longer a countenance to be granted or withheld at will by the executive. The Un ited Kingdom Government is a signatory to the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (the Aarhus Convention).The Preamble records the parties to the Convention Recognizing that adequate protection of the environment is essential to human well be and the recreation of basic human rights, including the right to life itself, Recognizing also that every person has the right to live in an environment adequate to his or her health and well-organism, and the tariff, both(prenominal) individually and in association with others, to protect and rectify the environment for the benefit of present and future generations, Considering that, to be able to assert this right and observe this duty, citizens must have access to information, be entitled to come in in decision-making and have access to justice in environmental matters, and acknowledging in this regard that citizens may aim assistance in company to exercise their rights, Recognizing that, in the field of the environment, improved access to information and public participation in decision-making enhance the quality and the implementation of decisions, contribute to public awareness of environmental issues, give the public the opportunity to express its concerns and enable public authorities to take due identify of such concerns Aiming at that placeby to further the sexual conquestability of and transparency in decision-making and to strengthen public support for decisions on the environment, 50 Article 7 deals with Public Participation concerning Plans, Programmes and Policies relating to the Environment. The final sentence says To the extent appropriate, each Party shall crusade to provide opportunities for public participation in the preparation of policies relating to the environment. 51 Given the importance of the decision under challengewhether new nuclear build should now be supportedit is difficult to see how a pr omise of anything less than the fullest public consultation would have been consistent with the Governments obligations under the Aarhus Convention . 24.See also what Lord Hoffmann said on public participation in the context of EIA in Berkeley (see below). 25. Access to justice in environmental matters Article 9 requires that members of the public have access to a review procedure in advance a court of law and/or another(prenominal) independent and impartial body effected by law, to challenge the indispensable and procedural legality of environmental decision-making. Article 9(4) requires that the procedures for rights of access to justice in environmental matters shall provide adequate and effective remedies, including injunctive respite as appropriate, and be fair, equitable, timely, and not prohibitively valuable.In recent times the key issue in England & Wales has been the not prohibitively expensive requirement see below. 8 26. What is the status of the Aarhus Convention? i. It is an international radiation pattern, and the parties to the convention have established a Compliance citizens committee that can investigate alleged instances of non-compliance. There are soon three maladys relating to the UK in which decisions are wait a. ACCC/C/2008/27 this is a complaint brought by the Cultra Residents Association, County Down. The Association was one of five who were applicants in discriminative review trans motions brought in the High speak to in Northern Ireland.The discriminative review proceedings related to the expansion of City spreadport in Belfast. The proceedings were dismissed as being premature (Kinnegar Residents Action Group & Ors, Re Judicial analyze 2007 NIQB 90 (7 November 2007)). The Departments be were awarded against the applicants in the sum of ? 39,454. The Association alleged that the award of be go against its rights under Article 9 of the Aarhus Convention. b. ACCC/C/2008/23 this lifts out of the Morgan v Hinton o rganic fertilizers case considered below. A summary of that case records the complaint as being that the communicants rights under article 9, split up 4, of the Convention were violated when they were scoreed to pay be amounting to nearly ? 5,000, which, in the opinion of the communicants, is prohibitively expensive. The cost order was issued following a discharge of an interim injunction obtained by them earlier in cloistered nuisance proceedings for an injunction to prohibit offensive odours arising from Hinton Organics (Wessex) Ltd operating a waste composting site. The communicants allege that the issuing of the cost order by the flirt, in circumstances where one month before it had agreed and made an order that in that respect was a real issue to be time-tested and that the Claimants should enjoy interim injunctive relief, amounts to non-compliance with article 9, paragraph 4, of the Convention. c.A 3rd communication concerning the UK has been brought Mr. James Thornt on, the CEO of ClientEarth. The complaint thither is that the law and jurisprudence of the UK fail to assent with the requirements of article 9, paragraphs 2 to 5, in particular in connection with restriction on review of substantive legality in the endure of judicial review, entrapations on possibility for individuals and NGOs to challenge act or omissions of private persons which contradict environmental law, prohibitive nature of cost related to access to justice and uncertain and likewise regulatory nature of rules related to time particularizes within which an action for judicial review can be brought. ii.The status of the Convention in the domestic law of the UK was recently considered by the woo of Appeal of England & Wales in Morgan v Hinton Organics (Wessex) Ltd 2009 C. P. Rep. 26 see further below. Carnwath LJ explained (see para. 22) that for the places of domestic law, the convention has the status of an international treaty, not directly incorporated. Thus its provisions cannot be directly use by domestic courts, but may be 9 taken into count on in solvent ambiguities in legislation intended to give it effect (see Halsburys Laws Vol 44(1) Statutes para. 1439)). iii. The EC dimension The EU itself has ratified the Aarhus Convention.As a result its institutions can take enforcement action against genus Phallus maintains for non-compliance. Indeed the provisions of Article 9 of the Aarhus Convention concerning access to justice have been inserted into two key EC environmental directives. Article 10A of the 1985 EC Directive on Environmental Impact legal opinion (EIA) provides that Member severalises must ensure that members of the public have access to a review procedure before a court of law or other independent body to challenge the substantive or procedural decisions, acts or omissions subject to the public participation provisions of the Directive, and that any such procedure shall be fair, equitable, timely, and not prohibitively e xpensive.Directive 96/61/EC on Integrated Pollution streak and reassure (IPPC), which provides for a consent system for a wide range of industrial activities, is similarly amend with a new Article 15a, which also provides that procedures for legal challenges must be fair, equitable, timely, and not prohibitively expensive. Also a. The requirements of Article 9 have been recently considered by the ECJ deterrent example C? 427/07 Commission v Ireland 17 July 20092 b. It is well known that in 2006 CAJE (Capacity Global, Friends of the Earth, the Royal fellowship for the Protection of Birds and WWF) complained to the EC Commission just about UK non-compliance with Aarhus in particular as regards the not prohibitively expensive obligation. A Letter of Formal Notice was sent to the UK in declination 2007.It is understood that the Commission is currently considering whether to issue the UK with a Reasoned Opinion. It is said in Morgan v Hinton Organics that the Commission decision was awaiting the Sullivan melodic theme (www. wwf. org. uk/filelibrary/pdf/justice_report_08. pdf, see below) This arose in the context of infraction proceedings against the land of Ireland. In the proceedings it was alleged, inter alia, that Ireland had failed to transpose requirements in Article 10a of the EIA Directive and Article 15a of the IPPC Directive by ensuring that procedures for access to justice in respect of decisions made under those Directives were not prohibitively expensive.The Commission complained that on that point is no applicable ceiling as regards the amount that an un made applicant will have to pay, as on that point is no legal provision which refers to the fact that the procedure will not be prohibitively expensive. The ECJ reason out that 92. As regards the fourth inclination concerning the costs of proceedings, it is clear that the procedures established in the context of those provisions must not be prohibitively expensive. That covers only the cost s arising from participation in such procedures. such a condition does not hold back the courts from making an order for costs provided that the amount of those costs complies with that requirement. 3 Although it is common ground that the Irish courts may decline to order an unsuccessful party to pay the costs and can, in addition, order expenditure incurred by the unsuccessful party to be borne by the other party, that is merely a discretionary practice on the part of the courts. 94 That mere practice which cannot, by definition, be certain, in the light of the requirements laid down by the settled case-law of the judiciary, cannot be regarded as effectual implementation of the obligations arising from the EIA and IPPC Directives 2 10 and the UKs response to it. This is because the UK Government had indicated in would respond to the Sullivan Report. It then did not do so.The first public response to the Sullivan Report came in the form of the submissions of the UK to the Aarhu s Compliance citizens committee in the Cultra Residents Association communication and related communications (see above). Some of the correspondence betwixt the Commission and the UK is recorded in the archetype in Morgan (see below) as is correspondence among the Aarhus compliance authorities and the UK. 27. The influence of Aarhus in the English Courts there have been numerous cases in England & Wales that have made reference to the Aarhus Convention in the costs context. The most common context in which this reflection has arisen is in respect of applications for a prophylactic costs order or PCO about which much more below. 28. The first time that Aarhus was mentioned by the Courts of England & Wales was in R. Burkett) v Hammersmith and Fulham LBC (Costs) 2004 EWCA 2005 C. P. Rep. 113. Since then Aarhus been at the forefront of the liberalisation of the PCO case-law. The restrictive approach evident in the (non-environmental cases) of R (Corner support Research) v. Secre tary of estate for Trade and Industry 2005 1 WLR 2600 and R (Goodson) v Bedfordshire & Luton Coroner 2006 C. P. Rep. 6 has been relaxed and Aarhus has been at the forefront of this The Court of Appeal in an addendum to their judgment having referred to the requirement in the Aarhus Convention that judicial procedures in environmental law not be prohibitively expensive said 75.A recent get hold of of the environmental justice system (Environmental Justice a report by the Environmental Justice Project, sponsored by the Environmental Law stern and others) recorded the concern of many respondents that the current costs regime precludes compliance with the Aarhus Convention. It also reported, in the context of public civil law, the view of practitioners that the very limited profit yielded by environmental cases has led to little interest in the subject by lawyers save for a few have-to doe with and have-to doe with individuals. It made a number of tributes, including changes to t he costs rules, and the formation of a new environmental court or tribunal. 76. . f the figures revealed by this case were in any sense typical of the costs reasonably incurred in litigating such cases up to the highest level, very serious questions would be raised as to the possibility of ever living up to the Aarhus ideals within our present legal system. 77. evenly disturbing, perhaps, is the fact that this large expenditure on Mrs Burketts behalf has not, as far as we know, yielded any hard-nosed benefit to her or her neighbours. 80. We would strongly welcome a broader study of this difficult issue, with the support of the relevant government departments, the professions and the Legal Services Commission. However, it is important that such a study should be conducted in the real world, and should look at the issue not only from the point of view of the lawyers involved, but also taking notice of the likely practical benefits to their clients and the public.It may be purpose desirable to include in such a study certain issues that relate to a sort of different contemporary concern (which did not arise on the present appeal), namely that an unprotected containant in such a case, if unsuccessful in a public interest challenge, may have to pay very heavy legal costs to the successful defendant, and that this may be a potent factor in deterring litigation directed towards protecting the environment from harm. 3 11 i. R (England) v LB of Tower Hamlets 2006 EWCA Civ 1742 restrictive approach to no private interest not applicable in environmental context, Carnwath LJ refers to Aarhus ii. May 2008 the report of the Working Group on Access to Environmental Justice Ensuring access to environmental justice in England and Wales chaired by Sullivan J. Aarhus central to this report and report itself sience driven the case-law iii.R (Compton) v Wiltshire Primary give care Trust 2008 CP Rep 36 a nonenvironmental case but Court of Appeal in relaxing requirement s refers to Aarhus and the Sullivan Report iv. Further consideration in R (Buglife) v Thurrock Thames Gateway schooling Corporation 2009 C. P. Rep. 8 environmental case further considering criteria for grant of a PCO v. Morgan v Hinton Organics (Wessex) Ltd see above, further relaxation and book of facts of Aarhus vi. Aarhus features prominently in Jackson Report recommendation for judicial review generally and environmental cases for commensurate one way costs suspensioning. (2) EC law 29. Hugely important all environmental lawyers must be EC lawyers. 30. The TEU i.Article 4 the environment an area of shared competence EC and Member republics ii. Article 11(ex Article 6 TEC) Environmental protection requirements must be integrated into the definition and implementation of the coupler policies and activities, in particular with a view to promoting sustainable tuition iii. Article 114(3) (ex Article 95 TEC) The Commission, in its proposals envisaged in paragraph 1 concerni ng environmental protection will take as a base a high level of protection, taking account in particular of any new victimisation based on scientific facts. Within their respective powers, the European fantan and the Council will also look for to achieve this objective iv.Article 191 193 (ex Articles 174 176 TEC) Article 191 (ex Article 174 TEC) center policy on the environment shall contribute to spare-time activity of the following objectives preserving, protecting and improving the quality of the environment, protecting human health, prudent and rational utilisation of natural resources, promoting measures at international level to deal with regional or worldwide environmental problems, and in particular combating climate change. 2. Union policy on the environment shall aim at a high level of protection taking into account the diversity of situations in the confused regions of the Union. It shall be based on the preventive normal and on the article of faiths that preventive action should be taken, that environmental victimize should as a precedency be rectify at source and that the polluter should pay. 3.In preparing its policy on the environment, the Union shall take account of available scientific and technical data, environmental conditions in the various regions of the Union, 12 the potential benefits and costs of action or wish of action, the economic and social development of the Union as a whole and the equilibrize development of its regions. Article 192 (ex Article 175 TEC) 1. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure and aft(prenominal) consulting the Economic and amicable military commission and the charge of the Regions, shall decide what action is to be taken by the Union in order to achieve the objectives referred to in Article 191. 2.By way of depreciation from the decision-making procedure provided for in paragraph 1 and without preconception to Article 114, the Council acting unanimously in accordance with a special legislative procedure and later consulting the European Parliament, the Economic and Social Committee and the Committee of the Regions, shall adopt (a) provisions primarily of a fiscal nature (b) measures affecting town and country planning, denary management of water resources or affecting, directly or indirectly, the availability of those resources, land use, with the exception of waste management (c) measures significantly affecting a Member States alternative between different energy sources and the general structure of its energy supply. The Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, the Economic and Social Committee and the Committee of the Regions, may make the ordinary legislative procedure applicable to the matters referred to in the first subparagraph. 3. ecumenic action programmes context out precedency objectives to be bring home th e bacon shall be choose by the European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee and the Committee of the Regions.The measures necessary for the implementation of these programmes shall be adopted under the terms of paragraph 1 or 2, as the case may be. 4. Without prejudice to certain measures adopted by the Union, the Member States shall finance and implement the environment policy. 5. Without prejudice to the convention that the polluter should pay, if a measure based on the provisions of paragraph 1 involves costs deemed disproportionate for the public authorities of a Member State, such measure shall lay down appropriate provisions in the form of temporary derogations, and/or financial support from the viscidity Fund set up pursuant to Article 177.Article 193 (ex Article 176 TEC) The evasive measures adopted pursuant to Article 192 shall not prevent any Member State from maintaining or introducing more stringent protective measures. Such measures must be compatible with the Treaties. They shall be notified to the Commission. 31. Numerous Directives (as well as Regulations and Decisions) on environmental law will look at a number below but some examples i. The Environmental Liability Directive 2004/25 ii. The Environmental Impact appraisal Directive iii. The Waste Framework Directive iv. Directive 2000/60 establishing a framework for EC action in the field of water policy. 32. Decisions of the ECJ hugely important purposive approach to interpretation especially ocular in environmental context. A classic example is in relation to EIA 13Directive the Court has frequently pointed out that the scope of Directive 85/337 is wide and its purpose very broad. 33. Why EC law so important? Directly effective, and supreme 34. And there is a further matter Francovich liability and Kobler In Cooper v Attorney General 2008 3 C. M. L. R. 45 Plender J. dismiss ed the first claim brought in the UK for disabilitys, pursuant to the ECJs decision in effort C-224/01 Kobler v Republik Osterreich 2003 ECR I-10239. In that case the ECJ held that a Member State may be answerable in reproachs for failures by its courts of final instance to give effect to EC law, where the failure amounts to a sufficiently serious disrespect of EC law.The case arises out of what are alleged to have been sufficiently serious/manifest errors of EC law by the Court of Appeal when dismissing judicial review proceedings commenced by Stephen Cooper and the other then trustees of the CPRE London pegleg in October 1999 in respect of the Westfields development see R. v London Borough of Hammersmith and Fulham 2000 2 C. M. L. R. 1021 2000 Env. L. R. 549 and 2000 Env. L. R. 532. In dismissing the claim for judicial review the Court of Appeals conclude was in part based on (i) a finding that EIA could not be infallible at the reserved matters stage of the planning autho rity procedure and (ii) that the EIA Directive did not require the Council to elevate a permission if it was granted in breach of the EIA Directive.Both findings have in effect been later(prenominal)ly been overruled by the ECJ see R (Wells) v Secretary of State for Transport, Local Government and the Regions, 2004 ECR I-723 on 7 January 2004 gaucherie C-508/03 Commission v UK (Article 226 (as was) EC proceedings involving, inter alia, Westfields shopping centre) C-590/03 Barker and the House of Lords decision in Barker 2007 1 AC 470. 35. As well as dismissing the judicial review in 2000 the Court of Appeal awarded against the trustees of the CPRE two sets of costs. The Kobler damages claimed were the recovery of those costs. Plender J. concluded that the case fell far below the standard required to constitute a manifest intrusion of the applicable law so as to give rise to a claim for damages.He said any substanceion that a court adjudicating at run short instance can be said to have made a manifest error of residential district law when its judgment is, in some respect, incompatible with a later judgment of the ECJ is as misconceived as it is inconsistent with the judgment in Kobler. federation law is a system in the process of constant development. This is recognized in the many judgments of the ECJ that refer to the subsequent development of friendship law applicable to this domain (see most recently Case C 375/05, Erhard Geuting v Direktor der Landwirtschaftskammer Nordrhein-Westfalen fur den Bereich Landwirtschaft, 4th October 2007, 18. ) This being the case, inconsistencies between national decisions and subsequent judgments of the Court of Justice can be expected to arise.Claims based on the Kobler case are to be reserved for exceptional cases, involving errors that are manifest and in assessing whether this is the case, account must be taken of the specific characteristics of the judicial function, which entails the application of judgment to the interpretation of provisions capable of bearing more than one meaning. 36. The Court of Appeal decision awaited, other Kobler damages claims all in environmental cases unfinished 14 (3) domestic help law 37. Primary legislation the ever growing nature of environmental law i. 2008 the temper variegate Act 2008 Energy Act 2008, Planning and Energy Act 2008, the Planning Act 2008 Regulatory Enforcement and Sanctions Act 2008 ii. 2009 Green Energy (Definition and Promotion) Act 2009 Marine and Coastal Access Act 2009 iii. 010 temper Change (Sectoral Targets) circuit board the Consumer Emissions (Climate Change) Bill the Development on Flood Plains (Environment Agency Powers) Bill the Energy Bill the Environmental Protection (FlyTipping Reporting) Bill Flood and Water Management Bill. 38. Most EC Directives transposed via secondary legislation via EC Act Westlaw suggests that 596 statutory instruments concerned with the environment have been made since 1 January 2008 39. Guidance, policies etc squashy law voluminous in environmental law. 40. Case-law environmental law occupies Courts from Magistrates Courts to the House of Lords i. Recent environmental cases before the House of Lords include R. (Edwards) v Environment Agency (No. 2) 2008 1 W. L. R. 1587 and Wasa International Insurance Co Ltd v Lexington Insurance Co 2009 3 W. L. R. 575.And again to beautify how broad is environmental law the first was a judicial review challenge to the grant of a taint prevention control permit to stand the burn shredded and chipped tyres as a partial substitute fuel in cement kilns in Rugby and the second was about the construction and choice of law for a reinsurance contract concerned with environmental damage clean up. ii. Magistrates Court decisions in environmental cases can end up before the ECJ see Case C-252/05 R. (Thames Water Utilities Ltd) v Bromley Magistrates Court 2007 1 W. L. R. 1945 (on the meaning of waste). 41. There have over the long time been calls for the setting up of a specialist environmental court, see H Woolf Are the Judiciary environmentally Myopic? (1992) 4 Journal of Env Law 1 Professor Malcolm Grants Environmental Court Project Final Report (2000, DETR) and R Macrory & M Woods Modernising Environmental Justice Regulation and the habit of the Environmental Tribunal (UCL London, 2003). (4) the interface with human rights 42. The European Convention on Human Rights does not have any explicit environmental rights but there is a growing body of case-law Article 8, (also Articles 2 and 3) i. Lopez Ostra v Spain 20 EHRR 277 ii. Guerra and others v Italy 26 EHRR 357 15 iii. S v France 65 DR 250 iv. Hatton v United Kingdom (2003) 37 E. H. R. R. 28. Some key concepts in Environmental law 43. We have looked at some key concepts already public participation access to environmental information and access to environmental justice. 44.There are two other key concepts both of which we have seen mentioned directly in th e text of the TEU (i) the polluter pays principle and (ii) the preventive principle. (1) the polluter pays principle 45. In environmental law this is the principle that the party responsible for producing defilement should also be responsible for paying the damage done as a result of that pollution to the national environment. 46. International Law i. Possible regional customary international law as a result of strong support by both EC countries and countries of OECD. ii. OECD early chronicles on polluter pays a. Environment and Economics Guiding ruler concerning international economic aspects of environmental policies (1972) b.The implementation of the Polluter Pays Principle (1974) c. testimony of the Council concerning the activity of the Polluter-Pays Principle to Accidental Pollution (1989) iii. Rio Declaration on Environment and Development 1992 conform out in Principle 16 (Rio Declaration was document produced at 1992 UN Conference the Earth Summit of 27 principles int ended to guide future sustainable development rough the world. Some regard the principles as third generation rights). 47. finishings in countries around the world i. Eco-taxes e. g. US Gas-Guzzler tax where cars with increased pollution pay more. ii. US Superfund law requires polluters to pay for cleanup of hazardous waste sites. iii.Extended polluter accountability First described by the Swedish government in 1975 and applied by economies where the cost of pollution is internalised into the cost of the product to shift responsibility of dealing with pollution from governments to those responsible. See also OECD document Extended Polluter Responsibility (2006). 48. EC Law i. Article 191 TEU (ex Article 174 TEC) 2. Union policy on the environment shall aim at a high level of protection taking into account the diversity of situations in the various regions of the Union. It shall be based on the 16 ii. iii. iv. v. preventative principle and on the principles that preventive actio n should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay. Sixth Community Environment Action Programme which covers the period until July 2012 sets out the Polluter Pays Principle. Decision No. 1600/2002 of the European Parliament and of the Council, 2002 O. J. (L242) 1. EC Directive 2004/35/EC Environmental Liability Directive Embodiment of polluter pays principle and provides that the one responsible for the pollution should pay for the damage caused to the environment. Council Recommendation (75/436/Euratom, ECSC, EEC and the attached Communication) As a result of Article 174, the Commission set out the Polluter Pays principle as well as a number of exceptions to the Polluter Pays Principle, which are also provided for under Article 175(5) of the Treaty.Commissions Technical Paper 1 on the new programming period 2000-2006 Application of the Polluter Pays Principle, differentiating the rates of community assistanc e for money Incorporates the polluter pays principle to community assistance for structural funds and ISPA infrastructure operations. 49. Domestic Law contaminated Land Regime (see below) exemplifies it. Contained in Part 2A of the EPA 1990. Contained in Circular 01/2006, Annex 1, para. 37 Under the provisions concerning liabilities, responsibility for paying for remediation will, where feasible, follow the polluter pays principle. Principle referred to in a number of domestic authorities including recently Corby Group litigation v Corby DC 2009 EWHC 1944 (TCC) and R. (Thames Water Utilities Ltd) v Bromley Magistrates Court 2009 Env. L. R. 13. (2) the precautionary principle 50.The Preventative principle Prevention of environmental harm should be the ultimate tendency when taking decisions, actions or omissions with potentially adverse environmental impacts. And an important corollary of this is the precautionary principle A precautionary approach should be taken whenever th ere is disbelief as to whether environmental harm will arise, even if the remedy involves a substantial cost. 51. International law i. Rio Declaration on Environment and Development 1992 a. Set out in principle 15. b. In addition, Principle 2 effecting the Preventative principle States havethe responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other states or of areas beyond the limits of national jurisdiction. ii.Article 2 of the Framework Convention on Climate Change 1992 The ultimate objective is to achieve the stabilization of a nursery muck up emissions in the atmosphere to a level that would prevent dangerous anthropogenic affray with the climate system. 17 iii. International cases train Smelter Arbitration (US v Canada) 3 RIAA (1941) No state had the right to permit the use of its grime in a way that would cause dishonor by fumes to the territory, people, or property of another. In this case that Canad a should prevent pollution entering the US. iv. Ad hoc expert group established by UNESCO to study the precautionary principle and its application. 52. EC Law i. Article 191 TEU (ex Article 174 TEC) 2. Union policy on the environment shall aim at a high level of protection taking into account the diversity of situations in the various regions of the Union.It shall be based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay. ii. European Commission Communication on preventive Principle, endorsed by Heads of Government at a General affairs Council at Nice in December 2000 (COM 2000 1) establishes essence of precautionary Principe and how it should be applied Where there are threats of serious or irreversible damage, lack of full scientific evidence shall not be used as a reason for postponing cost-effective measures to prevent environmenta l degradation. iii.Sixth Community Environment Action Programme which covers the period until July 2012 sets out the precautionary Principle. Decision No. 1600/2002 of the European Parliament and of the Council, 2002 O. J. (L242) 1 iv. Cases, examples a. Joined Cases T-74/00, 76/00, 83/00, 84/00, 85/00, 132/00, 137/00 & 141/00, Artegodan GmbH v Commission 2002 E. C. R. II-4945, at para. 184 Precautionary principle general principle of EC Law. b. UK v Commission 1998 Case C-180/96 ECJ held EC institutions could take protective measures without having to wait until the reality and seriousness of those risks became fully seeming (in this case Commission had issued decision on exigency measures to protect against BSE which UK was seeking to annul). c.Pfizer Animal health SA v Council of the European Union 2002 T13-99 CFI affirmed that under the precautionary principle, EC institutions are entitled in the interests of human health to adopt on the basis of currently incomplete scient ific knowledge protective measures and that they have a broad discretion in this respect. v. Application in European directives relating to environment. Examples a. Directive 2008/ one hundred one/EC on greenhouse screw up emissions trading scheme, Recital (19) specifically refers to precautionary principle. b. Directive on Hazardous waste especially refers to precautionary principle. 53. Domestic Law i. R v Secretary of State for Trade and Industry ex p Dudderidge 1995 (The generation 26 October 1995) Challenge brought that Secretary of State should 18 ssue regulations restricting electromagnetic fields from electric cables being laid as part of national football field under precautionary principle and Article 130r now Art. 191 of EC Treaty. Court of Appeal held that precautionary principle had no distinct legal effect in the UK and Article 130r of EC Treaty did not impose such an obligation on the Secretary of State. ii. R (AMVAC chemic UK Ltd) v The Secretary of State Envir onment, Food, & Rural Affairs and others 2001 EWHC Admin 1011 Court considered precautionary principle in detail. stretch forth J state precautionary principle requires that where threats of serious or irreversible damage, lack of scientific certainty should not be posed as reasoning for postponing cost-effective measures to prevent environmental degradation.Referred to UK Sustainable Development Strategy 1999 referring to precautionary principle, EC communication, Caragena Protocol on Biosafety 2000, Article 174(2) EU Treaty (Community policy on the environment. shall be based on the precautionary principle and on the principles that preventative action should be taken). iii. Now recognised in domestic law UK Interdepartmental Liaison Group on pretend Assessment (HSE) published paper on The Precautionary Principle Policy and Application iv. Application seen in domestic law Incorporation in PPS25 (2001), development and flood risk where preventative principle is seen to be of part icular importance. v. Included in snow-white Paper 2007 on sustainable development. vi.UK Sustainable development Strategy Chapter 4 specifically refers to the precautionary principle (available on defra website). vii. Included in defra Guidelines on Environmental Risk Assessment and Management (1. 6 Risk Management and the precautionary principle). An introduction to the main areas of environmental law 54. This can be no more than the briefest of introductions (1) telephone line timberland 55. Human activities across the spectrum produce pollutants that affect the quality of the air around us, ranging from the everyday of driving to complicated industrial processes producing exceedingly toxic fumes. Regulatory measures are put precedent as a response to try and regulate the production of air pollutants that are produced.Initially there was a more reactive approach of addressing specific problems as they arose. Recently, with increasing concerns about air quality and climate ch ange there is a more proactive and integrated approach to regulating the emission of pollutants. 56. Sources of circularise Quality Law i. International Law publicise pollution is not confined to boundaries pollution caused by one country affects the air quality of anothers. International law has therefore long been concerned with pollution of the atmosphere. International treaties concluded tend to be framework treaties setting out broad principles which can then be implemented with more detail into domestic laws. Sources include 19 a.The 1979 Geneva Convention on Long-Range Transboundary bare Pollution Imposes obligations to endeavour to limit air pollution using the best available technology feasible. Followed by protocols on the step-down of specific pollutants. b. The 1985 Vienna Convention for the Protection of the Ozone spirit level Takes Action against activities that were likely to modify the ozone layer. Followed by the Montreal Protocol setting concrete targets an d the 1999 Gothenburg Protocol aiming setting emissions ceilings for particularly acidic and ground-level ozone emissions, namelySO2, NOx, VOCs and ammonia. c. The 1992 Framework Convention on Climate Change Starts with the position of common but severalize responsibility imposing lesser burdens on developing countries in order to allow sustainable development.Stabilize greenhouse gas emissions at a level that would not interfere with the climate system of food production. Provides for national inventories of emissions, integration of climate change issues. d. The Kyoto Protocol Sets cover song reduction targets for parties signed up to it (listed in Annex I). Adopted in 1997 and entered into force in 2005. Sets out specific reduction targets for different countries in relation to six gases CO2, NOx, HFCs, PFCs, methane, ground-level ozone. ii. EC Law a. close Air Quality Directive (2008/50/EC) Aimed at defining principles of a common strategy to assess and define objectives f or close air quality.Identified 13 ambient air pollutants for which various forms of specific controls were to be introduced under daughter directives. Controls mainly to take the form of limit set, target values, and alert thresholds. Implemented by Air Quality Standard Regulations 2007. Regime originated with Air Quality Framework Directive (96/62/EC). 2008 Directive consolidates animate legislation apart from 4th girl Directive, and must be implemented by 11 June 2001. b. daughter directives 1. 1st young woman Directive, 1999/30/EC Set limit values for SO2, NO2, NOx, PM and lead 2. second Daughter Directive, 2000/69/EC Set limit values for benzene and CO2 3. 3rd Daughter Directive, 2002/3/EC Set objectives and thresholds for concentrations of ozone. 4. th Daughter Directive, 2004/107/EC Set target values for concentrations of arsenic, cadmium, plate and benzo(a)pyrene. 5. Integrated Pollution Prevention and Control Directive (IPPC) (96/61/EC) Creates a regime for controll ing polluting releases from certain industrial activities to air, water and land. Implemented by UK EPR 2007 (see below) 20 6. National Emissions Ceilings Directives (Directive 2001/81/EC) Effects the Gothenburg Protocol by setting ceilings for each MS for emissions of Ammonia, SO2, NOx and VOCs which must have been met by 2010. Implemented by The National Emissions Ceilings Regulations 2002. UK must report emissions of four NECD Pollutants annually, DEFRA produces yearly emission data. 7.Large Combustion Plant Directive (2001/80/EC) Controls emissions of SO2, N0x and dust from large combustion plants with aim of reducing acidification by providing emission limit values for such pollutants. 8. solvent Emissions Directive (1999/13/EC) Limits emissions of VOCs in environment by requiring permits for such emissions in specified activities and installations. Amended by Paints Directive. Effected by EP Regulations, Schedule 14. 9. Petrol desiccation Recovery Directive Aimed at contr olling emissions from go vehicles. Stage II PVR now proposed for controlling emissions when drive vehicles refuelling. 10. Paints Directive (2004/42/EC) Limitation of emissions of VOCs in certain paints.Furthers objective of reducing VOC emissions by setting limits for VOC use. Implemented in UK by Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Production Regulations 2005. 11. Sulphur Control of Liquid Fuels Directive (1999/32/EC), objective to reduce emissions of SO2 resulting from combustion of heavy fuel oil and gas oil by limiting sulphur content in these oils. Implemented by Sulphur inwardness of Liquid Fuels (England and Wales) Regulations 2007. 12. Waste Incineration Device (WID) (2000/76/EC) Applies to most activities that involve burning waste, including burning waste to fuels. Regulates standards and methodologies for incineration of waste. 13.The European Pollutants Release and Transfer Register. Commission Decision 2000/479/EC Provides for a European register of air emissions, allows direct comparison of air emissions across all member states. Member states have to produce a three yearly report on emissions to air and water at industrial installations if certain threshold values exceeded which are then recorded and maintained on the register. c. Domestic Law 1. Environment Permitting Regulations 2007 (see below) Brings series of environmental controls together, including PPC and waste management licensing by requiring that an environmental permit must be granted for operation of a regulated facility.Permit requires regulators to exercise permit-related functions to deliver obligations with various 21 directives include large combustion plan directive, solvent emissions directive, waste incineration directive and petrol vaporisation recover directive. 2. Useful Guidance DEFRA Environmental Permitting General Guidance Manual on Policy and Procedures for A2 and B Installations 3. National Air Quality Strategy a. UK Air Quality Strategy Strategy published by the Secretary of State containing policies with respect to assessment or management of quality of air. Required by s. 80(1) of Environment Act 1995. Sets specific objectives for different air pollutants. b.Local Air Quality Management Environment Act 1995 imposes duty on LAs to conduct reviews of present and future air quality within area, formulating air quality management area (AQMA) where objectives not being met and formulating action plans if necessary. c. In addition Advice in PS23 on relationship between determination of planning applications and pollution control (paras 8 to 10 and Annex 1). EIA requires inter alia air quality assessment. (2) Climate Change 57. This is of course big news i. The Kyoto Protocol Sets binding coke reduction commitments for states. ii. The EU ETS dodge Directive 2009/29/EC (replacing Directive 2003/87/EC) implemented in UK by Greenhouse Gas Emissions Trading Scheme Regulations 2005 a.On 1 January 2005 th e EU ETS came into force. It is the largest multicountry, multi-sector greenhouse gas emission trading scheme worldwide. In total approximately 11,500 installations are presently covered by the EU ETS and it accounts for nearly 45% of total CO2 emissions, and about 30% of all greenhouse gases in the EU (see EU Action against Climate Change EU Emissions Trading An Open Scheme Promoting Global Innovation, CEC, Brussels). b. The EU ETS is the key policy introduced by the EU to help reduce the EUs greenhouse gas emissions. The importance of the EU ETS is further emphasised by the recitals to Directive 2003/87 (see recitals (1) and (2)).Article 1 of Directive 2003/87/EC states This Directive establishes a scheme for greenhouse gas emission allowance trading within the Community (hereinafter referred to as the Community scheme) in order to promote reductions of greenhouse gas emissions in a cost-effective and economically efficient manner. The importance of the EU ETS has further been c onfirmed by the Court in Case T-178/05 UK v Commission Case T-374/04 Germany v Commission and Case T-387/04 EnBW see especially in Case T- 22 374/04 Germany v Commission paragraphs 1 -5. In his opinion in Case C-127/07 Arcelor Advocate-General Maduron referred to the EU ETS as being one of the cornerstones of Community environmental protection policy. c.Under the Kyoto Protocol the EU is required to make an 8% reduction in emissions compared to 1990 by the first Kyoto Protocol commitment period (2008 2012)4. d. Recital (10) to Council Decision 2002/358/EC concerning the approval, on behalf of the European Community, of the Kyoto Protocol to the UNFCCC and the