Monday, December 30, 2019

Friday Of The Getty With Paul - 1007 Words

Xochitl Pereira AP Art History Ms. Burgonia August 18, 2014 Wednesday in the Getty with Paul Clichà © is often used as a pejorative term. Sometimes clichà ©s can be the way a major breakthrough of understanding can occur. As I embark into the world of art, this clichà © was a good thing. It was positive because as I studied paintings for the first time. I realized that as I was the beholder and the observer of the painting, I was responsible for making the effort of finding the beauty beyond a simple statement. The purpose of assignment was to observe and take note on pieces of art at a prominent museum. I was fortunate enough to visit the Museum of Modern art in New York City and I hoped to critique very famous paintings like Pollock s drip paintings and The Persistence of Memory. However, it was a Saturday afternoon in the middle of July in New York City. I wasn t afforded the luxury of being able to observe famous paintings such as those without a large crowd forming around it. In order to complete my assignment I went to the Getty. I f ound that finding a painting to study was harder than it seemed. I made a return trip to the Getty after brushing up on Art and Physics. The Getty is home to a variety of artwork dating as far back as the 1300s. I focused on art that was featured in different galleries of the museum including Italian Renaissance era and early Christian work. The paintings that I finally decided to write about were The Portal of Rouen Cathedral in MorningShow MoreRelatedBusiness6908 Words   |  28 PagesEditor: Matt McKinney Executive Editor: Mike Reynolds Senior Marketing Communications Manager: Jim Overly Internal Designer: Lou Ann Thesing Senior Print Buyer: Sandee Milewski Cover Designer: Paul Neff Design Production House: ICC Macmillan Inc. Cover Images:  © Getty Images, Inc, Senior Developmental Editor: Trish Taylor Marketing Manager: Jason Krall Art Director: Bethany Casey PART II The Thomson Corporation. 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Sunday, December 22, 2019

The Theory Of Utilitarianism By John Stuart Mill - 2034 Words

In our everyday lives we are faced with many issues and problems that question some of the decisions or choices we make. Some of our actions bring about happiness and some promotes the reverse of such actions. According to the theory of utilitarianism which is a part of normative ethics states, â€Å"best moral action is the one that maximizes utility.† In other words it relates to the well-being and the state of happiness in an individual. The famous British philosopher John Stuart Mill also argued that, â€Å"Actions are right in proportion as they tend to promote happiness, wrong in proportion as they tend to produce the reverse of happiness† (pg. 5). Each individual rate happiness in accordance to what its definition is or their interpretation of happiness. Globally, â€Å"happiness† can be defined as pleasure in the absence of pain. What brings about happiness and pleasure for any one person may not be the same for another individual. In the case of someone who uses illicit drugs like cocaine, they may find happiness in performing such acts. However, for another individual this may not hold true to the thoughts of that person. This reverse action of happiness which is unhappiness that according to Mill is, â€Å"pain and the lack of pleasure† (pg. 5). Basically if there’s no pleasure in doing something there’s no pleasure in doing something there’s no happiness. In definition there are also three categories of pleasure. They are moral, intellectual, and animal pleasures. People identifyShow MoreRelatedThe Theory Of Utilitarianism By John Stuart Mill1659 Words   |  7 Pagesdecision making represents the theory of utilitarianism. Utilitarianism is a theory, in the simplest form of choosing pleasure over pain, established by Jeremy Bentham and further developed with other philosophers, most notably by John Stuart Mill. 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Instead of strengthening his argument, segments ofRead MoreJohn Stuart Mill s Moral Theory Of Utilitarianism1514 Words   |  7 PagesJohn Stuart Mill wrote on his moral theory of Utilitarianism, which many have refuted by explaining that it failed to respect the dignity and worth of human beings. Mills theory of utility bases an actions morality on its ability to create the maximum amount of happiness. Happiness as described by Mill, is the maximization of pleasure over grief. Some critics have even said that Mill’s theory degraded humans to swine as it belittled morals to come from pleasures of the body that even animals hadRead MoreEthical Theories Of Utilitarianism By Jeremy Bentham And John Stuart Mill State1564 Words   |  7 Pageseighteenth and nineteenth century English economists and philosophers Jeremy Bentham and John Stuart Mill state that an activity is morally right on the off chance that it has a tendency to increase pleasure and morally wrong in the event that it tends to deliver the opposite of pleasure, pain – not only the pleasure of the person performing the activity but additionally that of everybody influenced by it. A theory of such is contrary to egoism, the perspective that a man ought to go after his own particularRead MoreThe Contributions Of John Stuart Mill1250 Words   |  5 PagesJohn Stuart Mill was a British philosopher who was born on May 20, 1806 in London, England, to Harriet Burrow and James Mill, a noted economist, philosopher and historian. James Mill was an educated man who w as heavily involved in an early 19th century movement called philosophic radicalism, a school of thought also known as Utilitarianism, which highlighted the demand for a scientific foundation for philosophy, as well as a humanist approach to economics politics. It was this foundation fromRead MoreJohn Forbes Nash Jr.912 Words   |  4 PagesJohn Forbes Nash Jr. and John Stuart Mill were both very important economist. John Forbes Nash Jr. was an American mathematician, and an economist. 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Utilitarianism is a moral theory that John Stuart Mill, the philosopherRead MoreA Research Paper on the Life of John Stuart Mill876 Words   |  3 PagesThis research paper focuses on the life of John Stuart Mill and how it affected his economic theories. John Stuart Mill’s grew up unlike most, raised since his adolescence to be the face of utilitarianism. This upbringing may have had some effect on his theories and overall beliefs in his economic policies. Born in 1806, John Stuart Mill was the son of economist James Mill. From a very early age his father instilled a discipline of studies. When he was very young he began to read Latin, and comprehendRead MoreUtilitarianism Vs. Mill Utilitarianism1004 Words   |  5 PagesVS. Mill Utilitarianism is a normative ethical theory that holds the morally right course of action in any given situation is the course of which yields the greatest balance of benefits over harms. More specifically, utilitarianism’s core idea is that the effects of an action determine whether actions are morally right or wrong. Created with the philosophies of Jeremy Bentham (1748–1832) and John Stuart Mill (1806–1873), Utilitarianism began in England in the 19th Century. Bentham and Mill builtRead MoreUtilitarianism : Bentham And Mill766 Words   |  4 PagesUtilitarianism: Bentham VS. Mill Utilitarianism is a normative ethical theory that holds the morally right course of action in any given situation is the course of which yields the greatest balance of benefits over harms. More specifically, utilitarianism’s core idea is that the effects of an action determine whether actions are morally right or wrong. Created with philosophies of Jeremy Bentham (1748–1832) and John Stuart Mill (1806–1873), Utilitarianism began in England in the 19th Century.

Saturday, December 14, 2019

What Contributes to Our Perceptions of the World Free Essays

â€Å"How can cultural experiences shape, impact or influence out perception of the world Being exposed to other cultures and experiences opens our mind to understanding other ways of living. If you are exposed to something different from yours, your perception would change by the way your thought process Is about certain groups of people. Many things affect our point of view of the world positively and negatively, thought I think most of the time It does It negatively. We will write a custom essay sample on What Contributes to Our Perceptions of the World? or any similar topic only for you Order Now In today’s world we see a lot of cultures In one place (states, city, schools, Jobs, etc. But within these places there’s discrimination, racism, had other bad things that make us have a differently pollen than others. Brainstorm at least five artifacts that serve as symbols for you, your life. And your culture. What do the objects reveal about you and your culture? A calculator represents my love for math. Math is a part of my family’s culture and has become a part of mine. Math is perfect. It challenges the mind. It has the power to solve real life problems. It explains real observations, and appeals to intuitions most of the time. It produces exact answers. Its abstract, yet purely objective and absolute. Its man-made, yet all the universe is modeled by math. Its incorruptible. It can create art. It can inspire creative thinking, and in that even solving problems is an art of its own. It is the way I think. When asked why I like Mathematics, I realized that it is all down to my personality. Being a composed, explicit person, I enjoy the challenge of questions with difficult to achieve answers. The ‘’ symbol represents the type of music I listen to. ‘’ is the official symbol of the band Of Mice Men. I sites to metal, rock, screams, or alternative music and the symbol represents some of each. A book represents my passion for reading. Its about living a thousand lives through the eyes of your protagonist, becoming so involved in their lives, learning the lessons they learn, â€Å"meeting† the most interesting (nearly real) characters that continue to stay with me long after the book is read and back on the shelf. I love picking up a put and immediately being thrown Into a different reality. I view a book as another universe, where I can escape reality, a way to relax myself. A green V In a ricer represents me being vegetarian. I have been vegetarian since I was born and It lust became a part of me. I do not have to stay a vegetarian, but my parents are. So I choose to stay vegetarian. The last symbol that represents me Is a pair of glasses, Since 1st grade I have always been seen as the ‘nerd’. I always has straight AS and the teachers loved me. I am a year ahead of my grade level In math, currently taking pre calculus. This made me more of the ‘nerd’ I already was. I also happen to need glasses. What Contributes to Our Perceptions of the World? By Snazzy world? Reception would change by the way your thought process is about certain groups of thought I think most of the time it does it negatively. In today’s world we see a lot of cultures in one place (states, city, schools, Jobs, etc. ), but within these places there’s discrimination, racism, had other bad things that make us have a differently opinion Brainstorm at least five artifacts that serve as symbols for you, your life, and your A calculator represents my love for math. Math is a part of my family’s culture and picking up a put and immediately being thrown into a different reality. How to cite What Contributes to Our Perceptions of the World?, Papers

Friday, December 6, 2019

International Chemical Trade Personal Health Budgets

Questions: Tasks:Read widely and investigate further the facts in the article above and answer the following questions:1. Explain the importance of international trade to an open economy such as the UK (This provides evidence for assessment criteria 1.1)2. a) Define Comparative Advantage, Absolute advantage and Terms of Trade Exchange Rateb) Assess the significance of comparative advantage, absolute advantage, the terms of trade and exchange rates to the UK economy (This provides evidence for assessment criteria 1.2) 3. Assuming that the balance of payment of an imaginary country comprises the following main items (all figures in millions of ): exports of goods 0; imports of goods 500; government (invisibles) -150; other invisibles +200; investment and other capital flows -45. Describe the structure of the balance of payments and calculate the:a. Visible trade balance, b. Current balance and c. Balance for official financing. (The above provides evidence for assessment criteria 1.3)4. What is Surplus and Deficit in an economy?a. Explain the terms surplus and deficitb. Explain the significance of long-term deficits to open economies(This provides evidence for assessment criteria 1.4)Task 2aProductivity growth has increased in Central and Eastern European countries relative to Western European countries. This has implications for the real exchange rate. Lets look at the Czech Republic versus France (suppose they are the only two European countries). For your task you are required to explain the role played by exchange rates in European business.(This provides evidence for assessment criteria 2.1)Task 2bThe Euro is a single currency arrangement that came into theoretical operation between 11 members of the European Union in January 1999. On January 1st 2002, 12 EU members got rid of their own currencies and introduced the Euro as their sole currency. A single currency means that there are no longer separate national monetary policies, and instead a new central bank has been set up The European Central Bank that conducts a Europe wide monetary policy, in particular the setting of interest rates. That means a loss of separate national monetary policies interest rates and exchange rates. Should Germany want to introduce an economic policy to fight back against unemployment, it cannot do so as this can only come from the European Central Bank.For your task you are required to analyse the advantages attributed to the adoption of a single European currency. (This provides evidence for assessment criteria 2.2)Task 2cExplain the difference between free trade and protectionism and the role played by tariffs, quotas and deregulation within the EU. (This provides evidence for assessment criteria 2.3)Task 2dOne of the founding principles of the European Union is the freedom of movement of workers (Article 39 of the Treaty establishing the European Community). The free movement of workers is essential for the creation of an area without internal frontiers, and for the strengthening of economic and social cohesion as well as active European citizenship in creating wealth for the economic development. Despite these obvious returns geographic and occupational mobility rates are still relatively low in the European Union, both within and between countries. For instance, on average between 2000 and 2005, workers mobility within EU Member States (regional mobility) amounted to only one per cent each year. This is much lower than mobility rates across Australian territories and US states, which exceed two and three per cent, respectively (Adapted from European Commission, 2007). For your task you are required to evaluate the importance of geographic and occupational mobility in wealth creation for EU member countries.Task 3aThe Communities Act 1972, which gives legitimacy to the UKs membership of the EU is under threat. Mr Cameron, the UK Prime Minister, has promised a referendum by 2017 to allow the British people decide whether or not the UK s hould remain in the EU. If the majority vote is for the UK to pull out of the EU, it means that the Communities Act will be repealed and the UK will no longer be a member of the EU. One of the overarching arguments behind the referendum is that the UK seem to have relinquished too much powers to the EU, through the main EU institutions. Read widely and investigate further the facts above and answer the following question:1)A. dvise the UK government on what role the main EU institutions play in the determination and legitimising of EU policy; and briefly discuss whether there is any veracity to the argument that the UK has relinquished too much powers to these institutions. Task 3bA fictitious directive 267/14 was issued by the EU to all member states on 1 October 2014. It prohibits the export of fire arms out of the EU. The UK government has come to you for advice as they are concerned that if they implement this directive, they will be in breach of their contract with a non-EU cou ntry to whom they supply fire arms. The contract is due for renewal on 1 October 2015.Consider the scenario above and answer the following questions2) Advise the UK government on the function of EU directives and whether or not you think they will be in breach as described above. Further, should the UK decide to ignore the directive, what consequences, if at all, do you think may follow. (This provides evidence for assessment criteria 3.2) 2) What are the main EU funding streams? Evaluate their structure and purpose. (This provides evidence for assessment criteria 3.3) Task 4 France and Italy pressed for an easing of budget restrictions to stimulate growth and cut unemployment in Europe, but won no concession from the German Chancellor Angela Merkel, who insisted that countries had to move faster on reforms. The difference over budgetary policy overshadowed the Milan meeting of EU leaders on how to create jobs, as the multi-year budget plans of both France and Italy seemed likely to be rejected by the European Commission because of their fiscal backsliding.While government leaders and EU officials agreed on the need to tackle record youth unemployment, which has exceeded 40 per cent in several Eurozone countries, they seemed no closer on the policy prescriptions.Responding to a prior call by Hollande for Germany to exploit its trade surplus and balanced budget to adopt more expansionary policies, Angela Merkel said her country had already taken steps to boost domestic demand by 15bn Euros" (City AM 10 Oct.2014) Tasks1) Produce a profile of the EU as a trading bloc and discuss its importance to member states. (This provides evidence for assessment criteria 4.1)2) Evaluate the significance of:a) Linguistics, b) Cultural, c) Logistical and d) Environmental barriers to EU operations; and e) Briefly, explain how these factors may influence as barriers to the national budgets of the member states.(This provides evidence for assessment criteria 4.2)3) Carry out an au dit of possible EU funding streams that may be available and relevant directives to support companies in France or Italy during their financial situation in the case study. (This provides evidence for assessment criteria 4.3)4) Produce an action plan which lists the actions necessary for Wonga to begin an investment venture in EU. (This provides evidence for assessment criteria 4.4) Answers: Task 1 1. Importance of the international trade Importance of the international trade in an open market: Exchange of goods in the international markets helps the countries to improve themselves. In the present situation, the economic barriers are broken by the international companies act(Deardorff and Stern, 2011). Key importance of the international open market is: International trade helps the economy to reduce the poverty margins. Not only it reduces the poverty margins but it helps in the development of the private industries. The international trade allows reducing the cost of production. This also allows the developing countries to collect the finance by accepting the investment from foreign. In the open trade the foreign companies can introduce their products in a new market. International trade allows the local companies to have a boost in their profit margins. As mentioned earlier the international trade allows in the development of the local sector. The introduction of the new companies in the locality will generate employment. Through the open market an economy can earn foreign money also(Balance of payments and the relationship to national accounts, 2011). These are the main importance of the international trade. In this manner UK can get foreign money also 2. Assess the significance of comparativeadvantage, absolute advantage, the terms of trade and exchange rates Comparative advantage Comparative advantage is applicable if a company is able to produce the product in cheap than other companies in the market. In an open market the price of a commodity is fixed. Hence if a company can reduce the cost of production, the company can get more profit by selling the same number of production. This is only possible in the open market as the market is full of competition(Hoholm, 2015). Absolute advantage: If a company can give their best in producing a product then the company can get absolute advantage. The company should make their marketing strategies best, they have to make the best quality products and the promotional strategies should be the best one. In this way the company can make sure that they can get the absolute advantage in the market(Chinthapalli, 2012). Terms of trade and exchange rates to the UK economy UK economy has their active participation in the international trade and this allows open market also. The products which are included in the open international trade arevegetable oil and the software. The vegetable oils like the palm oils, Dekel oils etc. are the main marine products. These products are shipped in the market of Africa and south-east Asia. Demand of palm oil in European economy has been increased by huge margins. At that time New Britain managed to increase their market share by huge margins. Market share of the palm oil in New Britain increased from 288.5p to 675p. Dakeloil boosted their share margins also. This is palm oil producer managed to increase their market share from 0.1p to 1.47p. The market demand in US and in the Asian market also helped to add huge margins in the share market and that too within an overnight. This market demand of the palm oil added 46.15 points upward in the share market(Coutts and Rowthorn, 2013). Not only have the products, some companies also taken a vital role in the boost of the market share in UK economy. the companies which took the crucial role in this process are, Fresnillo, Randgold, Antofagasta, PolymetaGold rose, Egyptian gold producer Centamin etc. all of them added few points which pushed the economy upwards(Chinthapalli, 2012). C. Structure of the balance of payments The visible trade balance Export goods 400 Import goods 500 Government 150 Investment and other flow 45 Other invisible 200 The calculation of visible trade balance = The Export Goods = 400*12.38% = 49.52 Import goods = 500*9.38% = 46.90 Government = 150*12.38% = 18.57 Therefore, the visible trade balance = $114.99 The Current Balance = ($150.00 $114.99) = $35.01 the balance amount is = ($114.99 - $35.01) = $79.98 4. a. Trade surplus and deficit Trade surplus In the language of economics, trade surplus occurs if the economy exports more than their import. This means they dont have to depend too much in the imported goods. The economy has a positive balance in their trade. Surplus balance in an economy is good for the economy. This implies that an amount of inflow of the foreign currency in the domestic market(Kameda, 2014). Trade deficit Generally this term is used at the time of calculating the cash flows. This term suggests that, the outflow of cash is more than cash inflow. Actually this is the opposite side of the trade surplus. Deficit suggests an amount of outflow of the domestic currency in the international market. This is not good for an economy. In this manner value of the domestic currency will decrease in respect to the foreign currencies(Floyd, 2010). b. Significance of long-term deficits to open economies The relationship between the long term deficit and openness of the economy is positive. There should be some key elements in the relationship, like government expenditure. Long term deficit implies that the economy is importing too much. In simple language the economy is trying to invest the foreign techniques in their domestic economy. This will help the domestic economy for the future profit. The deficit in trade implies that the economy is not exporting too much but they are fetching foreign products for the betterment of their economy in future(ChemViews, 2014). Task 2 2.a Role played by exchange rates Exchange rate is a relationship between two economies. With the help of the relationship the value of import and export are determined. This is a trade relationship which determines the value of money in respect to another. Here if Czech Republic versus France wants to make a trade relationship between them, then they have to determine the exchange rates. Economic conditions of the two countries are not same. Hence, if they are going to exchange their products, they have to pay according to the exchange rates(Greenaway, Kneller and Zhang, 2010). Role of exchange rates: Inflation: The exchange rates can cause of inflation in an economy. If the exchange rate goes beyond the range of the economy then the economy can face inflation and which is not a good thing.On the other hand if the exchange rated stay under control, the economy doesnthave to pay more and there will be no chance of inflation in that economy. In case of Czech Republic versus France, which of these two has the better and developed economy will enjoy the benefit of exchange rates and the other one will face inflation(Kameda, 2014). Interest rates: Interest rates and inflation are highly interrelated with each other. Hence at the time of inflation the interest rates surely go beyond the reach of the common people. On the other hand if inflation rate stay under control then the public in general dont have to pay extra amount of money as interest. By influencing the inflation rate exchange rate controls the interest rates also. This is another role of the exchange rates(Klein and Shambaugh, 2004). Trade deficit and surplus: Exchange rate also helps an economy to make trade surplus or leads an economy to the trade deficit. As mentioned before in case of high exchange rate, the have to pay extra in terms of money. In this process the money is drained and trade deficit noticed. Hence the exchange rate plays a crucial role in the trade deficits and surplus(Maurel and Schnabl, 2011). Public debt If an economy faces long term deficits then the relevant Government has to print extranotes to pay off the deficits. But this is not a permanent solution. In this manner the price of the products will increase and the economy will face inflation surely. Hence this is clear that the exchange rate plays a vital role in the issuing more money(May and Nesaretnam, 2014). 2.b Advantages attributed to the adoption of a single European currency Euro is the second largest reserve currency in the globe. Euro notes and coins came into flow on January 1st 2002. It was expected that the euro will present too much benefit to their members. Transaction cost: If all of the European countries use the same currency then they dont have to follow the exchange rates. In this manner the international open market will be treated as the domestic market in terms of the exchange of money. A result of a survey said the benefit of the Euro is equal to 1% of the total GDP of that relevant economy(Kumhof and Laxton, 2009). Price transparency: As mentioned earlier if the economies are using the same currency then they dint have to pay the extra as per the exchange rate. As they are using the same then the price of the products will also remain same. Hence the price transparency will be there(Melitz, 2009). Inflation performance: As per ECB the interest rates are low and for this particular reason the inflation of the economy is also under control. Inward investment: as the transaction cost is very low, the economy allows the inward investment also. 2.c Difference between open and protective market In case of the free trade policy the barriers are missing. In this section the openness of the market is followed. In case of the protective market, there are so many protections and the companies have to maintain all of them. In case of the open market all of the barriers are missing. Exchange of the goods, services and the culture are also transferred in this market. In the protective market, the companies have to pay extra tax to the government and in case of the open market the companies dont have to pay extra tax(Rupilius and Ahmad, 2007). 2.d Importance of geographic and occupational mobility Geographic According to the point of view of a policy maker the geographic mobility helps an economy a lot in the improvement of the total economy. With the help of the geographical mobility the economy can engage their skilled labor anywhere in their country. Mainly three types of advantage can be derived from geographic matter(Rupilius and Ahmad, 2007). They are: Increase labor supply: By engaging more workers in the economy, the production can be increased. Productivity increased: Geographic mobility helps the economy to engage more skilled labors. This also helps to increase the production level(Miller, 2002). Occupational Occupational mobility is also very important factor for the production department of the economy. Occupational mobility means transfer from one work to another. This will surely help the economy in increment of the production level. Increase the supply of labor: With the help of this mobility, the labor crisis can be neglected. in case if the new companies, they can use these labors from another industries(Rupilius and Ahmad, 2007). Low wage rate: As the supply of the labors increases than the supply, the cost of the labor falls. Task 3 1. Role of the main EU institutions in determining and legitimizing policy Firstly, the goal of the policy makers and other institutions was to make a connection between the trade and legitimacy(Langdana, 2009). The role of the policy makers and the institutions was to make sure that the economy can feel the result of the achievement. The policy makers decided that they will connect the trade and the legitimacy in terms of empirical and theoretical link. The role of the institutions was to create the link between these two. Secondly, the policy makers were bound to make transparent policies to make sure that all of the departments are free of corruption. In case of the anti-corruption department the policy makers and the EU institution played a vital role(Snehota, 2015) Lastly, the policy makers and main EU institutions played a crucial role in the openness and the accountability of the policies. 2. Role played by EU directives In order to describe the role of EU directives it is perhaps best to first look at EU regulations(STORCK, 2001). The key roles of the EU directives are to implement the working time regulations. In this manner the directives can assure that the private organizations are not forcing their workers to work more. The directives played a crucial role in case of the in implementation of the Equal pay per act 1970. In this cast the directives aimed at the benefit of workers. They played their adequate role in this section also. The directives are ordered to pass required legislations as per the law. They should play their role according to the law. Making the decision is also a crucial role which the directives should follow(Waluszewski and Snehota, 2015). 3. Structures and the purpose of the main EU funding stream Purpose Mainly three purposes are there which the organization is following. The purposes of the main EU funding streams are: Convergence objective: in this section the main streams of the organization aims at those areas in which per capita income is less than 75% of the total GDP. The goal of this section is to enrich those areas with human and physical capital, innovation and knowledge. By improving these sectors the economic growth can be noticed in those places(Oatley, 2010). Regional competitiveness: In this section the institution aims at the healthy competition of the companies. Here the main goal of the institution is to provide such environment where the companies can face a healthy competition. In this manner the production of the companies will increase surely(Zhang, 2000). Structure EU is such an organization which deals with the overall development of the economy. this is nor possible for the organization they can handle all of there work all by themselves. Here the organization made some fragments. These departments helps the organization to cover all of there targets. To achieve the goal, EU needs funds also and the organization helps them to collect the fund. The structure or the main body of the organization is divided into these departments and the departments are: European Regional Development Fund, European Social Fund(ESF), Cohesion Fund (CF), European Agricultural Fund for Rural Development (EAFRD) and European Maritime Fisheries Fund (EMFF). With the help of the main elements makes the organization a successful one(Sulikov, Sinickov and Horvth, 2014). Task 4 1 EU as a trading bloc Main goal of the EU is to connect the people closer together with the help of technology. This also helps to make a conclusion of the political issues. The institution follows some basic regional economic integration. The levels are: In the first section EU allows the countries to remove the industrial barrier. This EU adds some extra burdens to the non-members. In the third stage the mobility of the resources and the productions are taken in the account. In the last stage some basic economic policies and the political integration is followed(Tomlinson, 2006). The institution was started their work after the World War II. After the destructive result of the war the organization felt the need of the purposes and they began to work. The organization is working hard to achieve their goal and they are doing this smoothly(Tomlinson, 2006). 2. The significance of linguistic, cultural, logistical and environmental barriers to EU operations After the addition of the new states in EU, the power of the EU increased. As the power of the institution increases they spread their area of work. They selected so many applications for the betterment of the economy. To improve the international trade EU removed the barriers of trade also. To open the market they started too many policies also. This was done in order to set up a local operation freely. Exchange of the culture was another issue. Linguistic diversity is another issue to EU. In the current scenario this is one of the biggest social issues. At present almost all of the communities want to stay in the front of the line. Hence to make sure that the communities are not getting into any conflict the institution has to take the responsibility(Welfens, 2002). 3. An audit of possible EU funding stream Internal audit helps the companies to support the budget in order to make sure that the companies can achieve their goal. Hence the internal audit is important to the companies. EU should maintain the internal audit also. EU has so many sources of finance. They have to take the funds to achieve all of their goals. This institution also deals with lot of money. Hence the audit is mandatory in this company. The process of carrying out the internal audit has discussed below: Internal audit helps the management to reach at the goal of the company. Hence in the first step the auditor determines that if the goal of the organisation has been achieved or not. After that the auditor collects the key evidence and then the complete the testing of the transparency of the evidences. After collecting the evidences the auditor precedes his work and discusses his finding with the managers to make sure that the statements are clear or not. In the next step the auditor prepares a draft report and he consult the report with the management and discuss the report with the head of the internal audit. After all of the valid discussions the auditor produces the report. The auditor is liable to all of the mistakes in the financial report. Hence he should make the audit properly (Zhang and Sato, 2012). Tesco is a retail giant and the goal of the supermarket is to provide the best quality to their customers in reasonable price. Take care of the taste of the customers and provide goods and services according to their need. The managers want to give the best after sale service to their customers in order to make them the permanent customers and to attract new customers. The managements want to develop the managerial level of the company also. The management of the retail giant wants to make a strong bond with the suppliers to fulfil the demand of the customers. These are the objective of the supermarket. Vision of Tesco Vision of Tesco is consisted with five elements. The elements are: They want to spread them in all around the world. To make the business a growing one and full of opportunities To use new techniques and technologies in their business. To engage all of the resources of the business in proper places To attract the customers and investors also Mission of Tesco The aim of Tesco is to make better relationship with the customers. The mission of this retail giant is to provide the vest quality to their customers. Make a strong relationship with the supplier in order to supply the customers whenever needed. The managers of the Tesco wants to know about the taste of the customers to serve them according to their will. These are some mission of the company. The main mission of the company is to beat all of their rivals in the market nd to get the top most position in the retail market. 4.Action plan of starting a venture Starting a venture is not that difficult. The venture is a small business and the lifespan of the business is also very small. To start a venture the owner should make the research about the taste of the locality. To know the taste of the locality he can run a survey. Then to carry out the business the proprietor has to arrange the adequate capital. Collecting the fund is an important task to do. He can take the loan or he can bring the personal savings also. Selecting a place is an important factor. The proprietor has to select a place where he can stay in the focus of the market. These are the preliminary steps of starting a venture. As there is no advertisement cost in the venture, the owner has to take such plan in which he can attract more people. The quality of the products should be good. Conclusion EU is such an organisation who deals with different types of financial difficulties and the main aim of the institution is to bring a hike in the profit level of the local industries. Just after World War II, this institution started their journey. This organisation opened the barrier of economy. In this manner the market of the products increased. This also helped the industries in engaging the skilled labours in proper places. For the benefit of the member of this organisation EU instructed to use euro. This was a revolutionary decision taken by this organisation. This policy avoided the risk of exchange rates. Mobility of the workers is another feature which helped the company a lot to engage the skilled labours in anywhere of the country. To maintain all the activities of this organisation, they need source and the branches of this organisation help them to collect fund. As this organisation deal with the liquid cash, they need the internal audit. This is also important to mainta in the goodwill of the company. References ChemViews, (2014). International Chemical Trade. ChemViews. Chinthapalli, K. (2012). Personal health budgets: surplus of cash or deficit of ideas?. BMJ, 345(dec10 2), pp.e8329-e8329. Deardorff, A. and Stern, R. (2011). Comparative advantage, growth, and the gains from trade and globalization. New Jersey: World Scientific. Hoholm, T. (2015). Interaction avoidance in networks. IMP Journal, 9(2), pp.117-135. Kameda, K. (2014). Budget deficits, government debt, and long-term interest rates in Japan. Journal of the Japanese and International Economies, 32, pp.105-124. Maurel, M. and Schnabl, G. (2011). Keynesian and Austrian Perspectives on Crisis, Shock Adjustment, Exchange Rate Regime and (Long-Term) Growth. Open Econ Rev, 23(5), pp.847-868. May, C. and Nesaretnam, K. (2014). Research advancements in palm oil nutrition. European Journal of Lipid Science and Technology, 116(10), pp.1301-1315. Melitz, J. (2009). Long Term Reform and the Banking Crisis. Open Econ Rev, 21(1), pp.159-161. Rupilius, W. and Ahmad, S. (2007). Palm oil and palm kernel oil as raw materials for basic oleochemicals and biodiesel. European Journal of Lipid Science and Technology, 109(4), pp.433-439. Snehota, A. (2015). Interaction dilemmas. IMP Journal, 9(2). STORCK, W. (2001). Trade Surplus Still Falling. Chemical Engineering News, 79(36), p.12. Waluszewski, A. and Snehota, I. (2015). Editorial. IMP Journal, 9(1). Balance of payments and the relationship to national accounts. (2011). United Kingdom Balance of Payments: The Pink Book, 2011(1), pp.139-141. Chinthapalli, K. (2012). Personal health budgets: surplus of cash or deficit of ideas?. BMJ, 345(dec10 2), pp.e8329-e8329. Coutts, K. and Rowthorn, R. (2013). The UK balance of payments: structure and prospects. Oxford Review of Economic Policy, 29(2), pp.307-325. Floyd, J. (2010). Interest rates, exchange rates and world monetary policy. Berlin: Springer. Greenaway, D., Kneller, R. and Zhang, X. (2010). The Effect of Exchange Rates on Firm Exports: The Role of Imported Intermediate Inputs. The World Economy, 33(8), pp.961-986. Klein, M. and Shambaugh, J. (2004). Fixed exchange rates and trade. Cambridge, Mass.: National Bureau of Economic Research. Kumhof, M. and Laxton, D. (2009). Fiscal Deficits and Current Account Deficits. Washington: International Monetary Fund. Langdana, F. (2009). Macroeconomic policy. New York: Springer. Miller, N. (2002). Balance of payments and exchange rate theories. Cheltenham, UK: Edward Elgar. Oatley, T. (2010). Real Exchange Rates and Trade Protectionism. Business and Politics, 12(2). Sulikov, V., Sinickov, M. and Horvth, D. (2014). Twin deficits in small open Baltic economies. Panoeconomicus, 61(2), pp.227-239. Tomlinson, J. (2006). Part-time occupational mobility in the service industries: regulation, work commitment and occupational closure. The Sociological Review, 54(1), pp.66-86. Welfens, P. (2002). Interneteconomics.net.. New York: Springer. Zhang, X. (2000). China's trade patterns and international comparative advantage. Houndmills [England]: Macmillan Press. Zhang, Z. and Sato, K. (2012). Should Chinese Renminbi be Blamed for Its Trade Surplus? A Structural VAR Approach. The World Economy, 35(5), pp.632-650.

Friday, November 29, 2019

I Could Never Be So Lucky Again Essays - Doolittle Raiders

I Could Never Be So Lucky Again I Could Never Be So Lucky Again By General James h. Jimmy Doolittle This book is about a famous pilot in World War II named Jimmy Doolittle. When Jimmy was 14 he had a taste for boxing. To encourage Jimmy to quit boxing his mom bought him a motorcycle. So he boxed professionally under the name of Jimmy Pierce. When he was 16 he met a girl named Josephine, but she was called Joe. For three years Joe ignored Jimmy but then she started to accept him and they started to like each other. But Joe didn't like Jimmy boxing so he again started to box under the name of Jimmy Pierce. But when Joe found out she was mad. He then went to junior collage. When he was young Jimmy had two goals, to see the world and to build things. Back then only engineers could build things and only two kinds could see the world, civil engineers and mining engineers, he choose to be a mining engineer. The first two years of the mining engineer course was the same as the other engineering courses, math and science. He went to the famous Comstock Lode, thought the rush was over. Some thing happened that summer, a mining elevator cable broke with the mining boss and a miner on it and it fell 2,900 feet to the bottom of the shaft. Since Jimmy was the only one with first aid training he was lowered down. When he got to the bottom he found the cage, his light went out so he had a hard time finding the door, but when he found it and dropped in, the people were dead. He was raised up and miners suddenly loved him. When Jimmy completed collage he and his friend joined the armed forces. His friend joined the infantry. But Jimmy joined the air force. First he became an instructor. On time he and a student were landing, a plane under them hit the bottom of their plane and crashed, when Jimmy landed he went over to the other plane but the propeller had taken the pilot's head off. Then he became a test pilot. While he was a test pilot he tested several very valuable safety instruments such as the Turn and Bank indicator and the homing beacon. But Jimmy had a stunt sprit so he was the first to do the out side loop and set several speed and time records. Jimmy also won several races. After awhile Jimmy left the air force to work with shell. While he was at shell he flew to South America for advertisement. He flew across the country setting a new record for the shortest amount of time. When World War II started he rejoined the air force as a major skipping the rank of captain. He was given a top secret project that was to bomb Tokyo and other major cites. The purpose of this was to inflict fear into the hearts of all Japanese who had been told that they were invincible. When he got back he was awarded the Metal of Honor much to the delight of Jimmy and Joe who was Jimmy's wife. Then he asked to go to Europe to be in battle against Germany. At that time there were several air force divisions, the 8th, 12th, 6th, and the 9th. The 8th is the supreme air force. He commanded the 12th for a while, but then was made commander of the 8th. When he was commanding the 12th he flew a lot of missions that he was not supposed to fly because he was a person that knew about ultra, the German code that the British broke. When he was made commander of the 8th then he stopped flying missions. He also met up with Bruce, a friend from his test pilot days, who had been discharged for smuggling tequila and other things. Before planes had good bombsights planes would drop bombs on the friendly troops because when the winds changed pilots thought that the target was under the smoke, so Jimmy said that they needed more effective bomb sights which he got. By the end of the war he was

Monday, November 25, 2019

50 Problem Words and Phrases

50 Problem Words and Phrases 50 Problem Words and Phrases 50 Problem Words and Phrases By Mark Nichol Oh, what a tangled web we weave when first we practice to conceive written communication. So many pairs or trios of words and phrases stymie us with their resemblance to each other. Here’s a quick guide to alleviate (or is it ameliorate?) your suffering: 1. a while / awhile: â€Å"A while† is a noun phrase; awhile is an adverb. 2. all together / altogether: All together now â€Å"We will refrain from using that two-word phrase to end sentences like this one altogether.† 3. amend / emend: To amend is to change; to emend is to correct. 4. amount / number: Amount refers to a mass (â€Å"The amount saved is considerable†); number refers to a quantity (â€Å"The number of dollars saved is considerable†). 5. between / among: The distinction is not whether you refer to two people or things or to three or more; it’s whether you refer to one thing and another or to a collective or undefined number â€Å"Walk among the trees,† but â€Å"Walk between two trees.† 6. biannual / biennial: Biannual means twice a year; biennial means once every two years. 7. bring / take: If it’s coming toward you, it’s being brought. If it’s headed away from you, it’s being taken. 8. compare to / compare with: â€Å"Comparing to† implies similarity alone; â€Å"compare with† implies contrast as well. 9. compliment / complement: To compliment is to praise; to complement is to complete. 10. comprise, consist of / compose, constitute: Comprise means â€Å"include,† so test by replacement â€Å"is included of† is nonsense, and so is â€Å"is comprised of.† The whole comprises the parts or consists of the parts, but the parts compose or constitute the whole. 11. connote / denote: To connote is to convey (â€Å"Air quotes connote skepticism or irony†); to denote is to specify (â€Å"A stop sign denotes the requirement to halt†). 12. continual / continuous: Continual events are frequently repeated, or intermittent. Continuous events are uninterrupted, or constant. 13. credible / credulous: To be credible is to be authoritative; to be credulous is to be gullible. 14. deserts / desserts: If you eat only cake, pie, ice cream, and the like, you eat just desserts. If you have it coming to you, you get your just deserts as well. (However, the connotation is negative, so hit the gym.) 15. different from / different than: The former phrase is preferred in formal writing; but â€Å"differently than† is always correct usage. 16. discreet / discrete: Discreet means â€Å"subtle†; discrete means â€Å"separate.† (â€Å"He discreetly reminded them of their discrete meanings.†) 17. each other / one another: â€Å"One another† is preferred in formal writing when more than two of something are being discussed. 18. economic / economical: Economic refers to the science of economics; economical suggests frugality. 19. elemental/elementary: What’s elemental is essential or integral to nature; what’s elementary is basic. 20. ensure / insure / assure: To ensure is to guarantee, to insure is to indemnify, and to assure is to comfort or convince. 21. epidemic / endemic / pandemic: An epidemic is the outbreak of disease in a limited place and time; an endemic disease is a recurring one peculiar to a place or population; a pandemic is pervasive over a wide geographical area. 22. forgo / forego: To forgo is to go without; to forego is to go before (and is generally used only in the forms foregoing and foregone, which are themselves rare). 23. gibe / jibe / jive: To gibe (soft g, as in gym) is to taunt or insult (though jibe is an alternate spelling), to jibe with is to coincide or fit, to jive is to deceive. 24. historic / historical: Something historic is remarkable for its impact on history; something historical is simply an event in history. 25. home in / hone in: To home in is to close in; to hone in is to confuse one word for another. (â€Å"Hone in† has no meaning.) 26. jealousy / envy: Jealousy is resentment; envy is covetousness. 27. lay / lie: Lay is transitive, associated with a direct object â€Å"Lay that pencil down.† â€Å"Yesterday, I laid that pencil down.† â€Å"That pencil has been laid down.† Lie is intransitive, not so associated â€Å"Lie down.† â€Å"Last night, I lay down.† â€Å"It was my plan to have lain down already. 28. leach / leech: To leach is to dissolve by percolation; to leech is to remove blood with a leech or to exhaust; as a noun, it means a parasitic worm or the human figurative equivalent, or the edge of a sail (also spelled leach). 29. libel / slander: Libel is written defamation; slander is the spoken equivalent. 30. may / might: May refers to factual or possible; might is appropriate for the hypothetical or counterfactual. 31. nauseous / nauseated: To be nauseous is to cause sickness. To be nauseated is to feel sick. 32. notable / noticeable / noteworthy: Something notable is worthy of note. Something noticeable is capable of being noticed. Noteworthy is a synonym of notable, though the former implies the unusual and the latter the commendable. 33. partly / partially: Partly means â€Å"in part†; partially means â€Å"incomplete† or, rarely, is an antonym for unfairly. 34. peak / pique: To peak is to reach the pinnacle; to pique is to arouse interest or to bother. 35. people / persons: People has assumed primacy; persons is reserved mostly as a synonym for bodies (â€Å"those belongings carried on their persons†). 36. persuade / convince: To persuade someone is to motivate them to do something; to convince someone is to lead them to understand or believe. 37. predominantly / predominately: Both forms are correct, but predominantly predominates. 38. purposely / purposefully: What’s done purposely is done on purpose; what’s done purposefully is done with a purpose. 39. regrettably / regretfully: Regrettably is a synonym for unfortunately; regretfully means just that full of regret. 40. repetitive / repetitious: Both terms have acquired a negative connotation, but the former retains a more neutral meaning. 41. sensual / sensuous: Sensual has an erotic connotation; sensuous refers more neutrally to what is pleasurable to the senses. 42. since / because: Informally, these terms are interchangeable, but in formal writing, since should be used only to refer to time. 43. stationary / stationery: To be stationary is to stand still; stationery refers to letter-writing materials. 44. that / which: That is used restrictively (â€Å"The pencil that is sharp† among more than one pencil, the one with that characteristic); which is employed nonrestrictively (â€Å"The pencil, which is sharp† one pencil alone, possessing that characteristic). The distinction is rarely observed other than in American English. 45. tortuous / torturous: A tortuous experience is a winding one; a torturous one is painful. 46. transcript / transcription: A transcript is a thing; a transcription is the process of creating it. 47. verbal / oral: Verbal refers to both written and spoken communication, but oral is useful for distinguishing the latter from the former. 48. while / although / whereas: Informally, while is a synonym for the other two terms, but in formal writing it should be reserved for temporal connotations. 49. wreak / wreck: These terms do not share etymological origin; you wreck a party, but you do so by wreaking havoc. 50. whether / if: Both words are correct in expressing a choice, but the former is more appropriate in formal writing (â€Å"I can’t decide whether to go†), whereas the latter is better reserved for reference to possibility or probability (â€Å"I’ll go if you do†). Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Misused Words category, check our popular posts, or choose a related post below:50 Handy Expressions About Hands50 Diminutive Suffixes (and a Cute Little Prefix)Sentence Adverbs

Thursday, November 21, 2019

Wall Street Journal Executive Summary Essay Example | Topics and Well Written Essays - 750 words - 2

Wall Street Journal Executive Summary - Essay Example The European Central bank decided to charge the commercial banks to avail money on deposits. To extenuate unnecessarily huge amounts of capital into the nation, the Central Bank of Denmark violently decided to print kroner. Countries that were in landmark of collapse, such as Spain, are able to recover their hope by selling treasury bills that are short-term. These treasury bills offer back to investors in the country less principals than they began with. A number of European countries, within and out of the Eurozone, sold away civil liabilities with maturities of not more than five years at a negative yield. This held investors responsible for the payment of privileges in holding it. If only they would sell the bonds at even higher prices, they would enjoy profits. Switzerland was not left behind either, as it sold out an aggregate of bonds maturing in 2025 and 2049. Ten years down the line, the yield was at a negative level as compared to the most modern similar bond around two months ago. Prices of Swiss bonds which were maturing up to eleven years in the days to come have moved up in the secondary market, in such a way that their yields have drafted into the negatives. Switzerland later got disturbed about the results that would follow the purchase of large amounts of euros to maintain the suppression of franc and so it chipped its upper limit on the franc and reduced the deposit rates by 0.75%. The foreign market therefore, was subjected to agitation. The fact that it took money to add cash as deposit renders the modest in negativity yield of the current ten year bond as appealing. An identical situation happens to be experienced in the Eurozone, as the Europe Central Bank has adjusted its deposit rates and reduced them by 0.2% then belligerently purchased bonds. This happened in January. Investors were scared away by the fact that deflation would possibly occur in the nation. They were also discouraged by the way

Wednesday, November 20, 2019

Website Design Dissertation Example | Topics and Well Written Essays - 3000 words

Website Design - Dissertation Example The success of a website, that is discussed in the disertation is based to a large degree upon the number of visitors it can attract and retain. The researcher of this disertation was aimed to determine whether a website could be designed that would appeal to both adult and child users. The methodology undertaken was a review of available published studies that measured adult and child responses to various elements and interactivity with the purpose of identifying those elements that distract or otherwise repel potential users from exploring further. With this information explored in the dissertation, website designers can begin to develop more effective sites that work to make the site more enjoyable to both adults and children, thereby reducing design costs to employers while increasing site popularity and ‘stickiness’, the amount of time a user spends on the site. In conclusion, the researcher gives some predictions and recommends to continue such studies on human beh avior while on the websites. Further study should be conducted regarding the specific differences noted between adolescents and their associated adult counterparts to determine the feasibility of companion sites that offer developmentally progressive stages as a means of retaining visitors as they mature. Also the investigation should be made into the characteristics of sites that are created by teams comprised equally of male and female designers or the success of designs that include both curvilinear and rectilinear shapes in equally attracting both gender groups.

Monday, November 18, 2019

Article Review Example | Topics and Well Written Essays - 1250 words

Review - Article Example It is observed that once adults start to learn a language they easily grasp those words which are similar to their language to which they can easily relate too. For example, helicopterowhich is in Spanish and helicopter in English are cognates of each other therefore a Spanish child can easily relate to it.These are known as cross-linguistic cognates. There are also certain cognates which have the same meaning but not the same form. Cognates are easy to comprehend as an individual has a very vague idea about it and can join the dots in order to make a complete picture. "When two languages are close, learners will have access to a large number of cognate words" (Ellis, 1999). A lot of researches in the past are based on cognates and how easily one can understand them as a new language learner as compared to words which are not cognates. Cognates act like a stimuli reinforcing and making understanding easier. At times cognates can be semantically quite like each other, there can be res trictions because of grammar found in one language but not the other which can arouse problems occasionally (Odlin, 1989) . The purpose of this study was to understand whether these cognates act as a potential tool for language learning in Early Language Learners (ELL). The authors view on bilingual is that learning languages is essential and just to make it easier and comprehendible cognates are used. Learning English language is essential therefore emphasis is given on considering it as a second language. The author supports his position by providing examples from previous researches andwork done on the same content taking it a step forward. In order to understanding the effect of cognates in (ELL's) various methods were adopted such as research based questions, participation and features of the language. In this the children were allowed to determine and comprehend cognates with their own estimation independently or with certain support depending on his/her caliber. Initially the re wasn’t any drastic difference but gradually they showed improvement with cognates over noncognates. Different techniques were used such as visual and memory aid, age bar, phonological overlapping between the word and its cognate and the prior knowledge of the word. Direct strategy training was used for maximum benefit of 5th grade (ELL). Receptive and expressive help to develop the proficiency in language as well as the pathology of speech and language. Although there wasn’t any study that targeted the cognate status of language which are developing. It was observed that on cognate language of English the bilinguals performed better than the monolinguals but when it came to noncognates both were equal in performance. Statistics were used in order to show the cognate and noncognate items. It was deduced that Spanish students who were ELL did not merely benefit from L1 or L2 on test which were based on receptive vocabulary. An important issue in the methodology that a rises while using the PPVT is item difficulty. Lastly, it was investigated how fast and precisely children knowing only one language i.e. English could match Spanish words to one of the two pictures. This exercise was performed irrespective of language impairment. It was observed that phonological overlap effected performance and language impairment proved to be beneficial. Earlier nonverbal cognate effects were not considered but now

Saturday, November 16, 2019

Strengths Based Model and Case Management Model Comparison

Strengths Based Model and Case Management Model Comparison KAVITESH P TAHAL AGEING AND DISABILITY Compare two models Strength-Based Model Strengths based practice is consistent with the rights arguments outlined earlier. That is, it is has a focus on the equal rights of citizenship that disabled people have. These rights include the rights of access to all resources, options and opportunities; the rights of people to choose and direct service provision to enhance their lives; and the right to actively live and participate in the same communities as everyone else. It is an important approach to conducting needs assessment and service coordination because: It is an empowering approach to alternatives which have historically focused on deficits and problems within families or people needing support. In strengths based approach the focus is on the strengths and abilities of the person. It avoids the use of stigmatising, labelling or blaming language. It creates hope within people and their families by focusing on what is currently successful or has been successful in the past for them. It focuses on people’s abilities and resiliencies and places them in the â€Å"expert† position on their own goals, ambitions and solutions to difficult situations. The â€Å"professional† worker is placed in the role of partner and guide. It captures (often for the first time) the positive things in a person and the person’s environment that can serve as a start for positive changes. People and their families are more engaged in a process where they feel they are an important part, not simply a recipient of others’ â€Å"service†. Communities are seen as an important source of resources rather than obstacles or barriers to overcome. Assessment: Strengths-based service delivery often starts with an assessment process to prompt the client and program staff to identify capabilities and assets which the client can mobilize. The information collected some of the clients history, the type, frequency, and call such a problem, process as mood, personality changes and behavioural painful emotional reactions, and severity of cognitive change, the problem with such other diseases of the nervous system and the physical signs of damage to the test as the language of social behaviour assessment difficult enough -solving, thinking. Planning: Strengths-based service planning begins first with identifying what causes the current health situation, planning how to maintain behaviour, planning how to prevent further and future complications. The planning process also take into consideration the individual’s own life’s perspectives relating to their beliefs, cultures and their religion while taking care of their personal needs. The plan will be vary over phase as during the healing the client and the case manager have to examine the variations and development that the client has encountered so the goals will be adapted based on the certainty and the course of attainment. Coordinating: For coordinating services using the strength based approach, the resources must be readily available. It should be in the position that is easily accessed by the client or it has the capacity to relocate their services so that it is can reach to the client. The services should also serve the interest of the client which includes but is not limited to: Housing, employment, healthcare, transportation and education. It must be culturally sensitive as well as being person-centred and community based. The client must understand as the availability and the efficiency. Besides that the case manager must also have a regular contact with the client and be prepared to make any variations to make certain the plan is permanently appropriate and updated. Strengths: It focuses on the person’s abilities rather than their disabilities. It empowers the individual letting him or her decide about his or her life. The person feels important as they became part of the process. It also avoids discrimination and stigmatising since the person with disability is the one defining him and not the health professional promoting self-esteem. Appropriate for all types of elderly. Leading to developing the confidence for independent decision making and help-seeking together with the help of the family and health professionals. Key to confidence to belief in oneself and a willingness to keep on through life challenges. Identifies and amplifies existing client system capacities to resolve problems and improve quality of life. Weakness: This model has existing and potential abilities became the basis of classification and not the aspirations of individual. It is sometimes difficult to establish individual aspirations since it requires effective communication and not readily assessable. Many critics of the strength based approach points out the limitation to which abilities define the capability of the person to participate in the community. Perspectives of the disability people: The strength base model is useful as it builds hope through relationship with people, community and culture. Also it strengthens the belief that people are experts in their own lives and the professional or carer’s role is to increase and explain choices and encourage people to make their own decisions and informed choices. Summary of the expected outcomes for the disabled: For the strength based model, the predictable results are that the psychological health of the client is strengthened and various the incapacitated can cooperative well to the society like the normal individuals without much psychological obstacles. Empowerment in their own lives. Clients are able to do activities of daily living. There is a sense of confidence in his/her day-to-day activities. Clients could express happiness that’s he is able to convey his/her messages and feeling comfortable about his/her environment. Clients enjoy life and feels he is useful for family members. Provide client’s relatives for and after care help from various agencies. Case management Model Case management is a collaborative process of assessment, planning, facilitation, care coordination, evaluation and advocacy for options and services to meet an individuals and family comprehensive health needs through communication and available resources to promote quality, cost effective outcomes. Some functions of case management include: Client identification. Outreach. Service assessment. Planning and monitoring. Linking, referring or brokering access to needed services. Advocating for needed services for an individual. The provision of support to families and significant others in the person’s environment Assistance in developing a social support network. Assessment: Initial history of clients is taken with physical and medical examination. Neurological assessment with particular attention to vision and hearing is essential to rule out other neurological problems. Mental Status Examination is to detect abnormal features in a patient’s behaviour and state of mind at the time of the assessment. General appearance and Behaviour- Patient may restrict his activities to an increasingly limited area within which he is able to cope. He will often repeat things that he has done several times, apparently without any awareness of what he is doing. Speech- may show a variety of more or less non-specific anomaly together with restriction of content, difficulty in finding words and naming objects, reduced fluency, repetition, preservation and lastly speech is striking when it occurs again be alert to any neurological abnormalities. Attitude – cooperative, hostile, suspicious, fearful and evasive. Mood the client’s emotional response lack of depth and are poorly sustained. Planning: Planning is done with consideration for all clients’ culture and belief in mind and family members are involved in discussion making. A routine plan for activities is done with clients consent and is aware to follow. Client is involved on planning and planning done in a safe and less congested environment. All types of illness are treated accordingly and client aware of it. Coordination: Client is helped or supported in ADL’s. Ensure a pleasant, safe and quiet environment. Client is well aware of environment and communication maintained. With clients consent preferred name is used with respect. Repeat the routine activity in a specific time of the day. Speak slowly, clearly in simple sentence. Client’s hygiene is maintained. Maintain communication with relatives and friends. Provide opportunity to do the tasks with assistance. Strengths: Support to keep frail aged persons and people with disabilities living with complex and multiple supports needs to remain in their own homes and local community. Provides mainly for the roles and tasks required for social work staff in the provision of help, support and guidance to people requiring continuing care at home. In assessing priorities and consideration will be given to the following client risk factors/situations. Weaknesses: The assessment and case planning process will determine an individuals eligibility for assistance by this service. Mainly focused in the organisation than concern with the coordination and organisation of care for individual clients. Providing direct services or psychotherapy as part of case management may contribute more substantially to the stabilization or improvement of clients’ situations, but such support probably needs to be sustained over time to produce long-term effects. Perspectives of the disability people: Needs are being met by services and resources. Trust and communication with case manager. Disability, physical, cognitive, mental, sensory, emotional, and developmental or some combination of these may be. An impairment is a problem in body function or structure; Lack of activity in executing a task or action by a person, is a challenge; A block of life to participate in problem situations experienced by an individual in involvement is a problem while. So it is a complex phenomenon of a persons body and she remains a feature of society in which the interaction between features is revealed. Summary of expected outcomes: Talk about the problems they face at home to encourage family. Explain the need for physical and social settings. Support to various institutions for managing customer relations and education. The importance of follow-up care. Customers enjoy life and support for the family, too. In the community to talk with other people feel happy. Customer concentration and efficiency in their work shows References:- Source: Strengths-Based Social Work Practice online. Retrieved from http://en.wikibooks.org/wiki/Strengths-Based_Social_Work_Practice2. Source: Recovery approach online. Retrieved from: http://en.wikipedia.org/wiki/Recovery_approach Source: 12th Case Management Society of Australia online. Retrieved from: http://www.cmsa.org.au/definition.html Source: Case Management and Community Care Australia online. Retrieved from: http://www.cmsa.org.au/finalcasemanagementdiscussionpaper.pdf Source: Case Management Services online. Retrieved from: http://www.merrichs.org.au/Pages/CaseManagementServices.aspx KAVITESH P TAHAL S/N: 14030411Page 1

Wednesday, November 13, 2019

The Politics of Representation: Social Work Lessons From the Advocacy

The Politics of Representation: Social Work Lessons From the Advocacy Planning Movement In urban planning's new political awareness, representation became a social responsibility issue. This new understanding of politics and social responsibility in urban planning may have brought boundary interaction between planners and other professions, such as social work†¦ Introduction In his 1995 article, Andrew Abbott explores his evolving conception of the social work profession. As we approach the new millennium, Abbott's conception becomes strikingly relevant. In brief review, Abbott's first notion posits that social work is a profession of interstitiality. In this context, social workers translate and mediate between collogues in highly technical professions and their own social work clients. Abbott refers to this relationship as a "social work of boundaries" (Abbott, 1995). As the boundaries between other professions change, the social work interstitiality changes as well - coined by Abbott "the boundaries of social work." Abbott writes; "the function of social work, like those of other professions, emerged from a continuous conflict and change" (Abbott, 1995, p. 552). As examples, Abbott related aspects of conflicts in which social work gained or lost "sub-fields" to neighboring professions. Abbott's third conception admits that both of his previous notions fail to address the origin of the modern social work profession. In his subsequent exploration of social work origins, Abbott suggests that other professions solidified before social work did, creating the boundaries from which social work emerged (Abbott, 1995). Abbott's three conceptions share the theme that social work does not stand alone as a professi... ...e and the Urban Crisis. New York: Pantheon Books. Piven, F. F. & Cloward, R. A. (1971). Regulating the Poor: Functions of Public Welfare. New York: Pantheon Books. Piven, F. F., Cloward, R. A. (1988). Why Americans Don't Vote. New York: Pantheon Books. Planners Network. (1999). What is planners network? Planners Network Online. http://www.plannersnetwork.org/. Planning 58 (3). (March 1992). APA News, 36-38. Reiner, J. S., Reimer, E., & Reiner, T. A. (1963). Client analysis and the planning of public programs. Journal of the American Institute of Planning 29 (4), 270-282. Wachs, M., ed. (1985). Ethics in Planning. New Brunswick, NJ: Center for Urban Policy. Webber, M. M. (1973). Comprehensive planning and social responsibility: Toward an AIP consensus on the profession's roles and purposes. Journal of the American Institute of Planning, 232-241.

Monday, November 11, 2019

Environmental Law

AN INTRODUCTION TO ENVIRONMENTAL LAW James Maurici, Landmark Chambers Introduction 1. This talk will look at: i. What is environmental law? ii. The sources of environmental law iii. Some key concepts in environmental law: the precautionary principle, the polluter pays, public participation and access to environmental justice iv. An introduction to the main areas of environmental law: a. air quality b. climate change c. contaminated land d. noise e. environmental permitting f. waste g. ater h. nature conservation i. nuisance j. environmental impact assessment k. strategic environmental assessment l. REACH v. Some recent important environmental cases. 2. Further reading: the best introduction to the subject is the excellent Bell & McGillivray, Environmental Law (OUP, 7th ed. , 2008). What is environmental law? 3. There is no agreement on what environmental law is. This is a source of endless (academic) debate. 4. What is the â€Å"environment†? Some legal definitions †¦ i. S. (2) of the Environmental Protection Act 1990 (â€Å"the EPA 1990†) â€Å"The â€Å"environment† consists of all, or any, of the following media, namely, the air, water and land; and the medium of air includes the air within buildings and the air within other natural or man-made structures above or below ground. † ii. Environmental Management Standard ISO 14001 â€Å" †¦ air, water, land, natural resources, flora, fauna, humans and their interrelationship †¦Ã¢â‚¬ ; iii. See also Annex I to the Aarhus Convention, of which more later †¦ 1 5. A â€Å"new† subject, underdeveloped? see â€Å"Maturity and methodology: starting a debate about environmental law scholarship† Fisher, Lange, Scotford and Carlarne, J. Env. L. (2009) 21(2), 213-250. Fundamental questions about environmental law: i. Christopher Stone, â€Å"Should Trees Have Standing? : Towards Legal Rights for Natural Objects† (1972) Southern California LR 450-501; ii. Wild Law? The term â€Å"wild law† was first coined by Cormac Cullinan, a lawyer based in Cape Town, South Africa (Wild Law: A Manifesto for Earth Justice, Green Books, Totnes, Devon, 2003): see http://www. ukela. org/rte. asp? d=5 and â€Å"On thin ice – Could ‘wild laws' protecting all the Earth's community – including animals, plants, rivers and ecosystems – save our natural world? â€Å", by Boyle and Elcoate (The Guardian, 8 November 2006) – the idea is â€Å"Fish, trees, fresh water, or any elements of the environment, †¦ having legal rights† which can be vindicated by local communities (http://www. guardian. co. uk/environment/2006/nov/08/ethicalliving. society). Environmental law has many aspects: i. Private law: tort – especially nuisance (public and private), and also property law; ii. Public law – state regulation: a. Setting standards: water quality, air quality; b. equiring authorisation of activities – town planning, environmental permitting; c. Prescribing procedures to be carried out – EIA, SEA; – nature d. Identifying land or species that must be protected conservation, Sites of Special Scientific Interest (â€Å"SSSIs†), the Green Belt, AONBs etc; e. Banning activities – fly tipping; f. Creating civil liability – contaminated land regime (see below); the Environmental Liability Directive 2004/35 implemented by the Environmental Damage (Prevention and Remediation) Regulations 2009 (http://www. defra. gov. uk/environment/policy/liability/) etc. iii. Criminal law: environmental crime: a.Numerous offences in many Acts; b. Environment Agency (formerly National Rivers Authority) v Empress Car Co [1999] 2 A. C. 22: unknown person opened the unlockable tap of a diesel tank kept by Empress in a yard which drained directly into a river, with the result that the contents of the tank overflowed and drained into the river's waters. Empressâ€⠄¢s conviction for causing poisonous, noxious or polluting matter to enter controlled waters contrary to the Water Resources Act 1991 s. 85(1) on a prosecution brought by the NRA upheld by HL; 6. 7. 2 c. See the Environment Agency’s prosecution guide: http://www. nvironmentagency. gov. uk/business/444217/444661/112913/? version=1&lang=_e d. A new approach: The Regulatory Enforcement and Sanctions Act 2008 (â€Å"RESA 2008†) – main provisions brought into force 1 October 2008. The Act gives Government the power to give regulators, including local authorities, the Environment Agency, Natural England, English Heritage, the Countryside Council for Wales and others range of new enforcement powers (called â€Å"civil sanctions†). The Act was a response to a review by Richard Macrory1 that criticised the heavy reliance of most areas of regulation on criminal sanctions.The civil sanctions introduced are intended to provide regulators with an alternative to prosec utions and formal cautions. The intention is that the new sanctions will create a more proportionate regulatory framework, and reduce the administrative burden for regulators and businesses alike. 1. The civil sanctions created by RESA 2008 include: a. fixed monetary penalties in respect of relevant offences (ss. 39-41); b. discretionary requirements which may include variable monetary penalties, compliance requirements, and restoration requirements (ss. 42-45); c. top notices, which prohibit a regulated person from carrying on a particular activity (ss. 46-49); d. enforcement undertakings, whereby regulated persons avoid the effects of other civil sanctions by undertaking to take certain actions (s. 50). 2. The actual schemes for these civil sanctions are to be made by the relevant government departments in respect of the matters falling within their respective competences. RESA 2008 simply provides the statutory basis for such enforcement mechanisms. In the environmental context, the Environment Agency and Natural England are the first to be given powers under RESA.The Environmental Civil Sanctions (England) Order 2010 and the Environmental Sanctions (Misc. Amendments) (England) Regulations 2010 have now been laid before Parliament. The Welsh Assembly Government is drawing up co-ordinated secondary legislation in Wales to extend civil sanctioning powers to the Environment Agency in Wales. 3. The Environment Agency press release on 3 February 2010 says â€Å"The Environment Agency will be consulting business from 15 February 2010 to help shape how the new powers will be implemented†. The Orders provide further detail on the level of the penalties to be provided for: 1R Macrory â€Å"Regulatory Justice: Making Sanctions Effective† Cabinet Office November 2006 3 4. 5. 6. 7. a. In relation to fixed monetary penalties, the level of penalty is set at between ? 100 – ? 300 (Para. 3, Sch. 1); b. In relation to variable monetary penalties, no max imum level is set by the RESA 2008, save that where the offence is triable only summarily, the penalty must not exceed the maximum amount for that fine (Para. 4, Sch. 2). An example case in the DEFRA consultation proposes a variable monetary penalty of ? 38,500 for a water pollution incident as a result of poor site maintenance.The Environmental Civil Sanctions (England) Order 2010 though sets a maximum limit of ? 250,000. RESA 2008 provides that the regulator may only impose a monetary penalty in respect of a relevant offence where it is â€Å"satisfied beyond reasonable 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 imposed by the service of a â€Å"notice of intent† to impose a penalty, which affords the subject of the penalty an opportunity to make representations to the regulator.If the person fails to convince the regulator that the penalty should not be issu ed (or perhaps that the amount of the penalty should be reduced), the regulator will then issue a final notice requiring the payment of a penalty. Where a fixed or variable monetary penalty is imposed on a person, or when a notice of intent is served, criminal proceedings cannot be taken in respect of that person (ss 41, 44). As such, the monetary penalty is intended to replace the criminal offence. Stop notices are notices issued by a regulator with the intention of prohibiting a person from carrying on a certain activity until the steps pecified in the notice have been taken. They can be imposed where the regulator reasonably believes that an activity (presently occurring or likely to occur) is causing, or presents a significant risk of causing, serious harm to human health, 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 commission of a relevant offence (s 46(4)). Persons receiving a final notice, or a stop notice, have a right of appeal.That right of appeal must allow the subject of the penalty to challenge the decision on (at least) the following bases – see RESA 2008: a. That the decision to impose the penalty was based on an error of fact; b. That the decision was wrong in law; 4 c. That the decision was unreasonable (and in the case of variable penalties, that the amount of the penalty was unreasonable); d. In relation to stop notices only, that the person has not committed the offence and would not have 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, Courts and Enforcement Act 2007. RESA 2008 itself contains no indication of what level of scrutiny the Tribunal will apply to a decision of a regulator. On the face of the Act, it is not clear whether it should apply a Wednesbu ry test, or whether it should (in effect) retake the decision. However, the draft Order provides that â€Å"the regulator must prove the commission of the offence beyond reasonable doubt† on appeal and that â€Å"the tribunal must determine the standard of proof in any other matter†.An appeal from the First-tier Tribunal is to the Upper Tribunal on a point of law only. 9. Article 6 issues: see Rethinking regulatory sanctions: Regulatory Enforcement and Sanctions Act 2008 – an exchange of letters E. L. M. 2009, 21(4), 183-18. iv. EC law: generally said 80% of environmental law in UK derives from EU – see below. v. International law: see further below, increasingly important. 8. Planning law: is planning law part of environmental law? Yes, undoubdetly. But beyond this talk to consider: see Moore A Practical Approach to Planning Law (10th ed, OUP).Who are the regulators? i. Central Government: Defra, DCLG, DECC but also DfT, BERR; ii. Local Government: histo rical role in public health protection. Now: Town & Country Planning, EPA 1990 (statutory nuisance); noise; also air quality and management and contaminated land (for non-special sites). Also a regulator under Environmental Permitting Regulations 2007 (soon to be 2010, â€Å"the EPR†) for certain installations; iii. The Environment Agency: an executive non-departmental government body, principal environmental regulator in England & Wales.Responsible for: environmental permitting, water resources, flooding and coast management, waste, emissions trading. 13,000 employees. In Scotland SEPA; iv. Natural England: merger of English Nature and Countryside Agency responsible for nature conservation, species and habitat protection, National Parks, Countryside and Rights of Way Act. CCW similar role in Wales. In Scotland Scottish National Heritage; v. Others: Maritime and Coastguard Agency; Drinking Water Inspectorate; Nuclear Installations Inspectorate. 5 9. The sources of environment al law (1) International Environmental Law 10.Important – direct influence on domestic law, but also on EC law and through that domestic law. 11. Some examples: the 1979 Geneva Convention on Long-Range Transboundary Pollution, the Kyoto Protocol, and the Aarhus Convention (see below). 12. Illustrate importance of International Law by reference to the UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (â€Å"the Aarhus Convention†). The Aarhus Convention entered into force in October 2001. It was ratified by the UK in February 2005, and by the EU in the same month.As of 8 September 2009, there were 43 Parties to the Convention. 13. Article 1: In order 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 being, each Party shall guarantee the rights of access to information, public partici pation in decision making, and access to justice in environmental matters in accordance with the provisions of this Convention. 14. The Convention contains three broad themes or ‘pillars': i. access to environmental nformation (Articles 4 -5); ii. public participation in environmental decision-making (Articles 6 -8); and iii. access to justice in environmental matters (Article 9). 15. Former United Nations Secretary-General Kofi Annan said â€Å"Although regional in scope, the significance of the Aarhus Convention is global. It is by far the most impressive elaboration of principle 10 of the Rio Declaration, which stresses the need for citizens' participation in environmental issues and for access to information on the environment held by public authorities.As such 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 have a profound impact on the development of EC and UK environmental law. 17. Access to environmental information: i. the Environmental Information Regulations 2004 (SI 2004/3391) (â€Å"the EIR†); ii. implements Directive 2003/4/EC on public access to environmental information (â€Å"EI Directive†). The EI Directive repealed the earlier Directive 90/313/EEC and was intended to give effect to the Aarhus Convention. 6 18.The EIR apply to â€Å"environmental information†, which is defined in regulation 2 in the following way: â€Å"â€Å"environmental information† has the same meaning as in Article 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 action among these elements; (b) factors, such as substances, energy, noise, radiation or waste, including radioactive waste, emissions, 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, legislation, 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 designed to protect those elements; (d) reports on the implementation of environmental legislation; e) cost-benefit and other economic 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 contamination of the food chain, where relevant, conditions of human life, cultural sites and built structures inasmuch as they are or may be affected by the state of the e lements 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 â€Å"environmental information† as having a broad meaning under Directive 90/313/EEC.In Case C-321/96 Mecklenburg v Kreis Pinneberg – Der Landrat [1998] ECR I-3809, the ECJ found the wording of the definition (albeit different from that in the present version of the EI Directive) to create a broad concept of what can constitute environmental information. 20. A broad interpretation of the meaning of environmental information is also advocated by the Information Commissioner’s Office (â€Å"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 procedures and exemptions are different. 21.The Supreme Court in Office of Communications v Information Commissioner [2010] UKSC 3 referred to ECJ the following question: â€Å"Under Council Directive 2003/4/EC , where a public authority holds environmental information, disclosure of which would have some adverse effects on the separate interests served by more than one exception (in casu, the interests of public security 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 extent sufficient to outweigh the public interest in disclosure, does the Directive require a further exercise 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 pr ecise location of mobile phone 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 State for Trade and Industry [2007] Env. L. R. 29 (a challenge to the consultation process in relation to new build nuclear) Sullivan J said: â€Å"49. Whatever the position may be in other policy areas, in the development of policy in the environmental field consultation is no longer a privilege to be granted or withheld at will by the executive. The United 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: â€Å"Recognizing that adequate protection of the environment is essential to human wellbeing and the enjoyment 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-being, and the duty, both individually and in association with others, to protect and improve 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 participate in decision-making and have access to justice in environmental matters, and acknowledging in this regard that citizens may need assistance in order 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 account of such concerns Aiming thereby to further the accountability of and transparency in decision-making and to strengthen public support for decisions on the environment, †¦Ã¢â‚¬  50 Article 7 deals with â€Å"Public Participation concerning Plans, Programmes and Policies relating to the Environment†. The final sentence says: â€Å"To the extent appropriate, each Party shall endeavour to provide opportunities for public participation in the preparation of policies relating to the environment. † 51 Given the importance of the decision under challenge—whether new nuclear build should now be supported—it is difficult to see how a promise of anything less than â€Å"the fullest public consultation† would have been consistent with the Government's obligations under the Aarhus Convention †¦Ã¢â‚¬ . 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 before a court of law and/or another independent and impartial body established by law, to challenge the substantive and procedural legality of environmental decision-making. Article 9(4) requires that the procedures for rights of access to justice in environmental matters shall â€Å"provide adequate and effective remedies, including injunctive relief as appropriate, and be fair, equitable, timely, and not prohibitively expensive†.In recent times the key issue in England & Wales has been the â€Å"not prohibitively expensive† requirement: see below. 8 26. What is the status of the Aarhus Convention? i. It is an international convention, and the parties to the convention have established a Compliance Committee that can investigate alleged instances of non-compliance. There are currently three complaints relating to the UK in which decisions are awaited: 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 judicial review proceedings brought in the High Court in Northern Ireland.The judicial review proceedings related to the expansion of City Airport in Belfast. The proceedings were dismissed as being premature (Kinnegar Residents’ Action Group & Ors, Re Judicial Review [2007] NIQB 90 (7 November 2007)). The Department’s costs were awarded against the applicants in the sum of ? 39,454. The Association alleged that the award of costs violated its rights under Article 9 of the Aarhus Convention. b. ACCC/C/2008/23: this arises out of the Morgan v Hinton Organics case considered below. A summary of that case records the complaint as being that the communicants â€Å"rights under article 9, paragraph 4, of the Convention were violated when they were ordered to pay costs amounting to approximately ? 5,000 , which, in the opinion of the communicants, is prohibitively expensive. The costs order was issued following a discharge of an interim injunction obtained by them earlier in private 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 costs order by the Court, in circumstances where one month before it had agreed and made an order that there was a serious issue to be tried and that the Claimants should enjoy interim injunctive relief, amounts to non-compliance with article 9, paragraph 4, of the Convention†. c.A third communication concerning the UK has been brought Mr. James Thornton, the CEO of ClientEarth. The complaint there is that the â€Å"law and jurisprudence of the [UK] fail to comply with the requirements of article 9, paragraphs 2 to 5, in particular in connection with restriction on review of substantive legality in the cour se of judicial review, limitations on possibility for individuals and NGOs to challenge act or omissions of private persons which contradict environmental law, prohibitive nature of costs related to access to justice and uncertain and overly restrictive nature of rules related to time limits 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 Court 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 â€Å"[f]or the purposes of domestic law, the convention has the status of an international treaty, not directly incorporated. Thus its provisions cannot be directly applied by domestic courts, but may be 9 taken into account in resolving ambiguities in legislation intended to give it effect (see Halsbury’s Laws Vol 44(1) Statutes para. 1439))†. iii. The EC dime nsion: The EU itself has ratified the Aarhus Convention.As a result its institutions can take enforcement action against Member States 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 Assessment (â€Å"EIA†) provides that Member States 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 â€Å"any such procedure shall be fair, equitable, timely, and not prohibitively expensive†.Directive 96/61/EC on Integrated Pollution Prevention and Control (â€Å"IPPC†), which provides for a consent system for a wide range of industrial activities, is similarly amended 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: Case 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 Society for the Protection of Birds and WWF) complained to the EC Commission about UK non-compliance with Aarhus in particular as regards the â€Å"not prohibitively expensive† obligation. A Letter of Formal Notice was sent to the UK in December 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 Report (www. wwf. org. uk/filelibrary/pdf/justice_report_08. pdf, see below) This arose in the context of infraction proceedings against the Republic of Ireland. In the proceedings it w as 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 â€Å"there is no applicable ceiling as regards the amount that an unsuccessful applicant will have to pay, as there is no legal provision which refers to the fact that the procedure will not be prohibitively expensive†. The ECJ concluded that: â€Å"92. As regards the fourth argument 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 costs arising from participation in such procedures. Such a condition does not prevent the courts from making an order for costs provided that the amount of those costs complies with that requirement. 3 Alth ough 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 Court, †¦ cannot be regarded as valid implementation of the obligations arising from [the EIA and IPPC Directives]† 2 10 and the UK’s 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 Aarhus Compliance Committee in the Cultra Residents Association communication and related communications (see above). Some of the correspondence between the Commission and the UK is recorded in the judgment in Morgan (see below) as is correspondence between 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 consideration has arisen is in respect of applications for a protective 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 House Research) v. Secretary of State 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 o f Appeal in an addendum to their judgment having referred to the requirement in the Aarhus Convention that judicial procedures in environmental law â€Å"not be prohibitively expensive† said: â€Å"75.A recent study of the environmental justice system (â€Å"Environmental Justice: a report by the Environmental Justice Project†, sponsored by the Environmental Law Foundation and others) recorded the concern of many respondents that the current costs regime â€Å"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 â€Å"save for a few concerned and interested individuals†. It made a number of recommendations, including changes to the costs rules, and the formation of a new environmental court or tribunal. 76. †¦. f the figures revealed by this case were in any sens e 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. Equally disturbing, perhaps, is the fact that this large expenditure on Mrs Burkett’s behalf has not, as far as we know, yielded any practical 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 account of the likely practical benefits to their clients and the public.It may be thought desirable to include in such a study certain issues that relate to a quite different contemporary concern (which did not arise on the present appeal), namely that an unprotected claimant 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 â€Å"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 Care Trust; [2008] CP Rep 36 – a nonenvironmental case but Court of Appeal in relaxing requirements refers to Aarhus and the Sullivan Report; iv. Further consideration in R (Buglife) v Thurrock Thames Gateway Development 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 citation of Aarhus; vi. Aarhus features prominently in Jackson Report – recommendation for judicial review generally and environmental cases for qualified one way costs shifting. (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 States; ii. Article 11(ex Article 6 TEC): â€Å"Environmental protection requirements must be integrated into the definition and implementation of the Union policies and activities, in particular with a view to promoting sustainable development†; iii. Article 114(3) (ex Article 95 TEC): â€Å"The Commission, in its proposals envisaged in paragraph 1 concerning †¦ environmental prot ection †¦ will take as a base a high level of protection, taking account in particular of any new development based on scientific facts. Within their respective powers, the European Parliament and the Council will also seek to achieve this objective†; iv.Article 191 – 193 (ex Articles 174 – 176 TEC) â€Å"Article 191 (ex Article 174 TEC) Union policy on the environment shall contribute to pursuit 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 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. †¦ 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 lack of action, — the economic and social development of the Union as a whole and the balanced 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 after consulting the Economic and Social Committee and the Committee 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 derogation from the decision-making procedure provided for in paragraph 1 a nd without prejudice to Article 114, the Council acting unanimously in accordance with a special legislative procedure and after 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, — quantitative 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 State’s choice 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. General action prog rammes setting out priority objectives to be attained shall be adopted 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 principle 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 Cohesion Fund set up pursuant to Article 177.Article 193 (ex Article 176 TEC) The protective measures adopted pur suant 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 Assessment 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 visible in environmental context. A classic example is in relation to EIA 13Directive â€Å" †¦ 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. dismissed the first claim brought in the UK for damages, pursuant to the ECJ’s decision in Case 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 damages for failures by its courts of final instance to give effect to EC law, where the failure amounts to a sufficiently serious breach 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 Branch 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 Appeal’s r easoning was in part based on: (i) a finding that EIA could not be required at the reserved matters stage of the planning permission procedure; and (ii) that the EIA Directive did not require the Council to revoke a permission if it was granted in breach of the EIA Directive.Both findings have in effect been subsequently 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; Case 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 â€Å"far below the standard required to constitute a manifest infringement of the applicable law so as to give rise to a claim for damages†.He said: â€Å"[a]ny contention that a court adjudicating at last instance can be said to have made a manifest error of Community law when its judgment is, in some respect, inconsistent with a later judgment of the ECJ is as misconceived as it is inconsistent with the judgment in Kobler. Community law is a system in the process of constant development. This is recognized in the many judgments of the ECJ that refer to â€Å"the subsequent development of Community 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 t his 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 pending †¦ 14 (3) Domestic law 37. Primary legislation: the ever growing nature of environmental law: i. 2008: the Climate Change 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: Climate Change (Sectoral Targets) Bill; 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: â€Å"soft 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 illustrate how broad is environmental law: the first was a judicial review challenge to the grant of a pollution prevention control permit to allow 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 years 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 Grant’s Environmental Court Project: Final Report (2000, DETR) and R Macrory & M Woods Modernising Environmental Justice – Regulation and the Role 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 hav e 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 the text of the TEU: (i) the polluter pays principle; and (ii) the precautionary principle. (1) the polluter pays principle 45. In environmental law this is the principle that the party responsible for producing pollution 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 documents on ‘polluter pays’: a. Environment and Economics: Guiding Principle concerning international economic aspects of environmental policies (1972) b.The implementation of the Polluter Pays Principle (1974) c. Recommendation of the Council concerning the Application of the Polluter-Pays Principle to Accidental Pollution (1989) iii. Rio Declaration on Environment and Development 1992: Set out in Principle 16 (Rio Declaration was document produced at 1992 UN Conference ‘the Earth Summit’ of 27 principles intended to guide future sustainable development around the world. Some regard the principles as ‘third generation rights’). 47. Applications 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 responsibility – 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 Responsibi lity’ (2006). 48. EC Law: i. Article 191 TEU (ex Article 174 TEC): â€Å"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. 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. 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 Communica tion): 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 assistance for funds – 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: â€Å"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 goal 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 there is uncertainty 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 have†¦the 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 Clim ate Change 1992: â€Å"The ultimate objective is to achieve the stabilization of a greenhouse gas emissions in the atmosphere to a level that would prevent dangerous anthropogenic interference with the climate system†. 17 iii. International cases: Trail Smelter Arbitration (US v Canada) 3 RIAA (1941): No state had the right to permit the use of its territory in a way that would cause injury by fumes to the territory, people, or property of another. In this case that Canada 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): â€Å"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 da mage should as a priority be rectified at source and that the polluter should pay. † ii. European Commission Communication on Precautionary 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: â€Å"Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental 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 apparent (in this case Commission had issued decision on emergency 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 scientific 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/ 101/EC on greenhouse gas emissions trading scheme, Recital (19) specifically refers to precautionary principle. b. Directive on Hazardous waste particularly refers to precautionary principle. 53. Domestic Law: i. R v Secretary of State for Trade and Industry ex p Dud deridge [1995] (The Times 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 grid 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 Chemical UK Ltd) v The Secretary of State Environment, Food, & Rural Affairs and others [2001] EWHC Admin 1011: Court considered precautionary principle in detail. Crane 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 Pr otocol 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 Risk 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 particular importance. v. Included in 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. T his can be no more than the briefest of introductions: (1) Air Quality 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 highly toxic fumes. Regulatory measures are put forward 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 change there is a more proactive and integrated approach to regulating the emission of pollutants. 56. Sources of Air Quality Law: i. International Law: Air pollution is not confined to boundaries – pollution caused by one country affects the air quality of another’s. 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 Air Pollution – Imposes obligations to endeavour to limit air pollution using the ‘best available technology’ feasible. Followed by protocols on the reduction of specific pollutants. b. The 1985 Vienna Convention for the Protection of the Ozone layer – Takes Action against activities that were likely to modify the ozone layer. Followed by the Montreal Protocol setting concrete targets and 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 differentiated responsibility’ imposing lesser burdens on developing countries in order to allow sustainable development.Stabilize greenhouse ga s 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 binding 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, HFC’s, PFCs, methane, ground-level ozone. ii. EC Law: a. Ambient Air Quality Directive (2008/50/EC) – Aimed at defining principles of a common strategy to assess and define objectives for ambient 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 values, target values, and alert thresholds. Implemented by Air Quality Standard Regulations 2007. Regime originated with Air Quality Framework Directive (96/62/EC). 200 8 Directive consolidates existing legislation apart from 4th Daughter Directive, and must be implemented by 11 June 2001. b. Daughter directives: 1. 1st Daughter Directive, 1999/30/EC: Set limit values for SO2, NO2, NOx, PM and lead; 2. 2nd 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, nickel and benzo(a)pyrene. 5. Integrated Pollution Prevention and Control Directive (IPPC) (96/61/EC) – Creates a regime for controlling 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 b y 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 Vapour Recovery Directive – Aimed at controlling emissions from motor vehicles. Stage II PVR now proposed for controlling emissions when motor vehicles refuelling. 10. Paints Directive (2004/42/EC) – Limitation of emissions of VOC’s in certain paints.Furthers objective of reducing VOC emissions by setting limits for VOC use. Implemented in UK by Volatil e 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 Content 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 vapour 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: E nvironment Act 1995 imposes duty on LA’s 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 carbon reduction commitments for states. ii. The EU ETS Scheme – 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 the 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 EU’s 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: â€Å"This Directive establishes a scheme for greenhouse gas emission allowance trading within the Community (hereinafter referred to as the â€Å"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 confirmed 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 â€Å"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