Identify three (3) risks of the bid strategy Essay

After identifying the customer key evaluation requirements I have identified three risks that may affect our bidding strategy. First, I want to identify why it’s important to know your risks when creating a bid strategy to help you understand why I choose these top three risks. Risk management is the process of identifying risk issues and the options for controlling them, commissioning a risk assessment, reviewing the results and selecting amongst the assessed options to best meet the goals. The purpose of risk analysis is to help managers better understand the risks (and opportunities) they face and to evaluate the options available for their control. (Vose software, 2007) The top risk of the bid strategy for this company would be price. Price was selected as the top risk because although the company would like to win the bid, the price has to be within a range where they could also make money. The second risk selected is Logistics. This risk was selected since the product has to travel overseas. Depending on the time frame and the cost to have the product shipped the product may not make it to the destination in time. It is very important to have the product delivered in a timely manner to satisfy the end user requirements. Thirdly, the last risk selected is Customer Commitment. Our company must follow all the requirements in order to make the end user happy. Since the product is going overseas it will be hard to follow up on maintenance. Without having our own personnel at the end user location or close to the location it will also be a challenge if there are any issues with the product. Based on the three risks of the bid strategies that were selected there are also three opportunities to mitigate each risk. First we have the price, now when negotiating on the rate we will really need to do our research. It’s important to have knowledge of previous pricing and to also include overhead, packaging and transportation. Although, we have to take all these things into consideration we also have to remember we are not the only company bidding on this offer so we must rate acceptable amount. Next, we have logistics. Our company would have to negotiate with a freight forwarder for a reasonable rate to have the freight transported to the final destination. In order to negotiate a reasonable rate we would mention that if the rate offered is good this would be an opportunity for extreme growth. While we are negotiating we would have to make sure the transit times would be guaranteed in order to have freight delivered to the destination on time. Finally, we have customer commitment. This may be the most important opportunity of them all. If our company is able to provide a reliable solution to the end user needs we will gain past performance while making our customer happy. We will provide this service by checking with the customer on a monthly basis and sending an employee over to the end user location every two to three months to check that our products are working correctly. The flip side of risk is opportunity. Every bid carriers with it some opportunities beyond those represented by winning the contract. Potential opportunities include future additions or changes to contract value via market share, maintaining dominance in a particular area, protecting an area or contract from assault by competitors, or using the contract as a gateway to future procurements. Osborne, 2011) In conclusion, by looking into these risks and opportunities we will be able to determine whether we want to bid or no bid. If we cannot provide the end user with the requirements they need in a timely manner at a great cost it will not be beneficial for us to move forward with the bid procedures. As a company we must protect our brand and our products. So, we need to look closely at this conclusion to make our final bid or no bid decision.

Cybercrime and Privacy – Essay

A sense of privacy leads to a false sense of security, consequently resulting in putting personal information and property at risk. Cybernetics's look for flaws in people's security. Even with laws passed to enhance the security of the internet, people who are uninformed about the miniscule amount of privacy that they have might still put personal information online that could lead to their identity being stolen. According to a study by Javelin Strategy & Research, In 2011 alone, 11. 6 million adults fell victim to Identity theft, one of the ajar cybercafà ©s.To prevent mistakes In security, one must know what the mistakes are. One of the biggest mistakes Is exposing one's computer to viruses. Cybernetics's can access Information on a computer If It Is not protected. It Is not wise to keep passwords on a computer connected to the internet. Another mistake is giving personal information such as your name, social security number, credit card information, etcetera to someone over e-mai l. Even something as simple as putting the name of someone's cat on Faceable or Twitter can compromise their ID if they eave used the common question â€Å"What is the name of your pet? As a security question. Buying items online with an account that is linked to a personal or life savings account is dangerous. Protecting one's information is very important. Along with knowing the mistakes, individuals must also employ safeguards to protect themselves against cybernetics's. Run virus scans often to look for anomalous software that Is accessing personal Information. Protect against cyber thieves by setting up a firewall. Keep password complex 6. Use credit card with small limit. 8. Treat info like cash 10.Check your bank accounts and credit reports A simple password protecting private information is like a safe with a tin foil lock. Although piracy, or illegally downloading material, is a cybercafà ©, the focus of Internet laws must be put on more major crimes. Illegally downloadin g computer material is the equivalent of petty theft when compared to the more serious cybercafà ©s. Some might argue that piracy is a serious crime. The major cybercafà ©s are ID theft, wire fraud, computer fraud, and money laundering where there are serious damages and attention significant personal loss to the victim or victims.Even though privacy may be lost, these major criminals must be found and prosecuted. Some people find It hard to define cybercafà ©, It Is important to understand the different types of crimes that can be linked to computers, for example, hacking Into a telephone company to enjoy free telephone calls is a type of computer crime and pirating software is computer systems, particularly computer banking systems, so attractive for legitimate purposes, that is, security, efficiency, make them attractive for illegitimate purposes such as money laundering.According to sources in US, the internet has impacted upon criminal or harmful activity in three ways; firs t, the internet has become a vehicle for communications which sustain existing patterns of harmful activity, such as drug trafficking, hate speech, stalking and so on. The Internet circulates information about how to bypass the security devices in mobile telephones or television decoders.The practice cybercafà © is not so much different from that of conventional crime as both include conduct which causes breach of rules of law and fought by the punishment from the state. Current definitions of Cybercafà © have evolved and of course differ depending on the viewpoint of the observer ‘protector/ and victim. But the definition is broader including activities such as fraud, unauthorized access, child pornography, and cyber-stalking.Cybercafà © is a subcategory of computer crime and it refers to criminal offenses committed using the internet or another computer network as a component of the crime. Cybercafà © is a crime related to technology, computers and the internet and it co ncerns governments, industries and citizens worldwide where cyber crime takes the form f either piracy, appearing (obtaining free telephone calls), cabinetmaking, subdirectories and copyrightable. Cybercafà ©s are now much easier to commit.The higher rate of attacks indicates that cybercafà ©s can now be performed by those in the general public, without any insider knowledge. At the same time, dependence on computers has reduced the ability to prevent cybercafà ©s, because crimes can now no longer be detected as easily, and even when detected they are difficult to stop. Cybercafà © causes billions of dollars in losses every year; a great cost to society. This conclusion raises further questions about how much of this crime could be prevented.At what point to corporations decide that it is more profitable to invest in security than to suffer losses? Are the methods of sighting cybercafà © of this kind, as covered in this essay, enough? As of now, the answer is no. As cybercafà © becomes more widespread, affects a larger number of people, and causes larger amounts of damage, it is important to investigate ways of dealing with it, ways of reducing the risk of it, and ways of preventing it.

Difm or Diy

I would have preferred a third option in the discussion board question, a DIFM and DIY option together and I would have definitely selected this option. I believe Auto-Mart would have benefited the most if it had the enough resources and finances to adopt that third option. The auto repair market has a lot of competition, so Auto-Mart could target both consumers. Having a hassle free auto repair shop and a fully packed parts store will enable Auto-Mart to offer a wide range of customers for repairs and parts.Moreover, customers will have the ability to choose the best parts and have them installed at Auto-Mart; thus Auto-Mart â€Å"will kill two birds in one stone†. But since we are asked to choose only option, I would suggest that Auto-Mart should emphasis its business on the DIFM. According to Ags company, the NPD report concluded that â€Å"68% OF U. S. CONSUMERS PREFER DIFM TO DIY† in the auto service industry (2012). It is mainly because people need to maintain the ir car in its best order to prolong its life span, this makes absolute sense.We use our car daily for the longest possible time, and we have spent a descent amount of cash , so why risk doing a repair service ourselves when we are able to get a trustworthy professional technician to the job. Additionally, most people might not have the free time to do a project themselves, and even if they did it might end up costing them the same if they don’t have right equipment for the job. Therefore Auto-Mart best business emphasis should be a DIFM type of business.A â€Å"do-it-yourself† business will cater for customers who shop for parts and accessories, and tend to install the products themselves. It is basically for the customers who have the time and skills to complete many projects. Some stores like Home Depot have an â€Å"our hands-on workshops† and â€Å"1-2-3 books† to provide the â€Å"do it yourself† customers with the skills and expectations need ed to complete many projects around their homes (Home Depot, 2011).Furthermore, many televisions shows like Martha Stewarts have portrayed the some DIY project as a fun and entertaining; thus this new trend is evolving. The advantages of this type of business I believe will enable the business to do its job without having to pay extra fees. No workers to provide a service, a small shop to display the parts, and having the ability to allocate some of the profits to open several new locations.Usually a business grows when it translates its customers’ needs and add these opportunities to its company, a â€Å"do- it –yourself† business can’t expand its service other than expanding its products and to new locations. It is kind of limited which I believe is a disadvantage. But to the willing customers it will give them the knowledge and education to do things with their hands, and this education goes a long way; in the future that customer will be able to fix a nd repair what is needed in a shorter and cost effective way.As well as the feeling of accomplishment, saving money, and feeling in control. The â€Å"do-it-for-me† business will cater for customers who don’t have the time, energy, skill, or even the temperament to do the job. This business will actually do the job for the customer but for an extra fee, that some customers are willing to pay in return for a job well done, time saved, less frustration, and the guarantee that some businesses tend to give for the service provided.The advantages of the â€Å"do-it-for-me† business will allow the business to attract and maintain a loyal customer base which is vital for any growing business. The business will be able to profit more due to the extra fees for labor , and will probably be able to convince its customers into doing new repairs that will add up to their profit. A â€Å"do-it-for-me† business should gain the trust of its customers, or else they will l ose their customer to a different business or to the DIY method.Thus a huge disadvantage for a new established business that needs to build its reputation, through marketing and advertising. The other disadvantage or challenge a DIFM business will face is the huge costs it will incur; having labor costs that will only increase for a quicker service, costs of equipment to get the job done, a fairly large working space area, and after sales problem to deal with. But once established and running, the DIFM will generate more money than a DIY business for the auto service industry.Therefore, a DIFM business might be the right emphasis to implement. Do it yourself examples: †¢Super markets where you buy your groceries and cook your own meal. †¢Canadian Tire/ Home Depot/ Ikea †¢DIY Drones †¢Zellers †¢Wal-Mart Do it for me examples: is more profitable due to the wide range opportunity of these types of stores or businesses can benefit from a customer. †¢Restaur ants where you order, eat, and enjoy! †¢Canadian Tire / Home Depot/ Ikea( for an extra fee you get the service) †¢Canada Wide Plumbing & Mechanical Services Inc. Paradise Pools Canada †¢Car wash Reference: AGS Company. (2012). 68% of U. S. consumers prefer DIFM to DIY, according to NDP. Retrieved from AGS Company website: http://www. agscompany. com/news/369-68-of-us-consumers-prefer-difm-to-diy-according-to-npd Hal Dean, D. (2010). UNDERSTANDING THE DO-IT-YOURSELF CONSUMER. Journal Of International Business Disciplines, 5(1), 42-54. Miller, R. K. , & Washington, K. D. (2007). CHAPTER 13: DO-IT-YOURSELF PROJECTS. In, Leisure Market Research Handbook (pp. 83-85). Richard K. Miller & Associates. )

The Use of Landscape as a Means of Commentary Essay

The Use of Landscape as a Means of Commentary - Essay Example 625), moral or philosophical beliefs. Two authors that achieved this within their work were Thomas Cole and Frederic Church. Understanding the way that these two artists achieved commentary through their work in the 19th century is an effective method of examining commentary in landscape painting within the 19th century as a whole. Thomas Cole was an American landscape painter who was one of a group of artists, collectively known as the Hudson River School. Artists within the school focused on national landscapes as a way of reflecting on their own spiritual values and that of the nation. Their paintings often examined the way that the United States, and its people, was attempting to forge a national culture and identity (Hoy, 2009, p. 6). Another aspect of their work was of the potential for America to become a great nation (Kornhauser et al., 2001). For the American landscape painters, the wildness and uniqueness of their landscape provided a way to express the potential that the c ountry had, as well its history. The United States lacked the long cultural history that their European counterparts had, and as such the landscape provided an effective alternative (Kornhauser et al., 2001, p. 6). Cole lived from 1801 to 1848 and was often referred to as the ‘father’ of the Hudson River School. This term was applied to him because he is considered to be the artist that had the most influence in making landscape painting into a respected and popular genre. Cole’s paintings were not accurate representations of actual views that he observed, instead they were compositions. He argued that the use of composition rather than strict reproduction of the environment did not mean his paintings, or those of his contemporaries, were not of nature. Instead, he considered them to bring together many different parts of nature, making a more complete image than could be attained from a single view (Smithson, 2000). This approach also gave Cole the ability to us e his paintings to express viewpoints, and to provide commentary on the world around him and his own particular viewpoints. In his painting The Oxbow, also known by its longer name View from Mount Holyoke, Northampton Massachusetts, after a Thunderstorm, Cole presents a landscape view of a particular area of a valley following a rainstorm. The imagery in the piece is interesting, because it consists of two opposite perspectives. The left hand side of the painting is covered in clouds and is darker. The landscape is that of a wildness, forested and untamed. The right hand side of the image is a sharp contrast, and is brighter, consisting of a civilized region, where the wildness is no longer present, and instead there are areas for farms. In the middle of the piece, small and almost unnoticeable, sits an easel. This image can be interpreted as more than a painted representation of the view that the painter saw, instead the painter makes a clear juxtaposition between how the United St ates was before colonists had made a significant impact and afterwards. The presence of the easel suggests that the artist is attempting to determine the direction that

Art Nouveau Essay Example | Topics and Well Written Essays - 1250 words

Art Nouveau - Essay Example Art Nouveau seemed advanced, willingly grasping the materials of the present and establishing itself as a movement of original, but at the same time, artificial novelty. Did stone validate the strength and riches of the affluent, whose self-centredness Art Nouveau ridiculed? Art Nouveau showed off its originality by transforming stone into a lively work of art with swirling flora, legendary people and mythical creatures. Art Nouveau skilfully used and manipulated stone, but at the same time, adopted new materials like glass, steel, iron, and polychrome glazing, usually in interesting and extraordinary mixtures or arrangements in the same creation, whether it is furniture or a dwelling. Every facet of human thought and behaviour were explored once more. It may be reasonably assumed that there was a transition to a worldview that was governed by an extraordinary sense of assurance and appreciation as regards the environment and human circumstances. There was an incomparable feeling tha t humanity was embracing life and existence, that the Gothic idea that people inhabit a world engulfed by the enigmatic, unfathomable, impenetrable, and bizarre was being eroded. However, as a contradiction, there was also a rejection of positivist ideas, western materialism, and empirical evidence. A feeling of aversion resulted in a return to forgotten traditions and bygone eras and a hostility to mercantilist capitalism. In spite of this dichotomy—a contrast between the natural and the artificial.

Supply Chain and Operations Management Essay Example | Topics and Well Written Essays - 500 words

Supply Chain and Operations Management - Essay Example These risks could involve counterfeiting of mobile phone devices and their software as well as material losses of goods in transit. Measure should be taken to encourage good delivery, whether physical or intellectual. It is therefore for staff involved in the supply chain to be well motivated. Of essence is a platform of data sharing, where records and histories can be tracked. It is important to know who amended what and where they made their amends. These track records keep the entire system in check in case there is need to work a risk deductively. It ensures efficiency and risk reduction and fewer mistakes are made. The management should as well maintain hawk eye watch on their entire supply process to realize risks to sort them as fast as possible (Sara, & Pauline, 2001). Power disruption can be a source of interference with the delivery process and the entire supply system. It is advisable for the company to have a backup system to reduce on the losses imparted during periods when they happen Firms should protect useful information concerning the systems of developing mobile phone devices during the supply process. This is because there is need to avert creation of counterfeit material that could lower the quality of the original material in the market. Counterfeit products have been created for fraudulent activities. To avoid exposing the supply chain of a firm is also a good measure in risk reduction. This aids in avoiding fixations by counterfeit products and maintains the discretion of a firm. Counterfeits would require that firms develop their own defensive systems in software. These systems are an assurance of quality production and security, this way harm on the customers and firms in the long run is avoided. Firms also aid in the maintaining of their products by advising their customers

The Role Of The Born Global Firms In International Business Assignment

The Role Of The Born Global Firms In International Business - Assignment Example b) Globalization and born global businesses are highly related to each other. One is the cause of the emergence of the other. Both the emerging globalization and the born-global businesses share some common issues with each other. Here, the issues found in the article have been briefly discussed.ïÆ'Ëœ Trade barriers are totally removed from most of the European economies of western countries. There each of the companies from domestic to international all of them competes with each other according to their potentiality.ïÆ'Ëœ The emerging industrialization, as well as modernization, caused globalization in the eastern economies like India, China. This indirectly helps the born global firms of the European countries to get a global market for performing their business.ïÆ'Ëœ It has also been observed nowadays, that the regional integration like NAFTA and the European Union has massively increased, which made easy for a born global firm to expand its business internationally (Case 1).à ¯Æ'Ëœ The growing integration in the global financial market has made the born global businesses more effective in the emerging economies. When the European countries would suffer from the debt crisis, the born global firms of those countries were much concerned to expand their business initially in the developing economies so that they can give potential threat to their American rival in the global financial market.Q.2. The smuggling business is growing rapidly among the spiritual Syrian people

Allocating Merit Raises Situation Essay Example | Topics and Well Written Essays - 250 words

Allocating Merit Raises Situation - Essay Example He exceeds in his teaching because he has taught about 200 students per year. His research is superb because of the two books and over 30 articles that he has written. His service is measurable because of the $80,000 grant he received for the college. He receives 4.9% of $116,000, which is $5,700. Prof. Houseman has also done well in teaching and research, but his service to the university is average. He taught over 400 students per year and has written over 40 articles. Since joining the college 25 years ago, he has given over 30 presentations. He gets $3680, which is 4% of $92,000. Prof. Karas has far exceeded in teaching, won Teacher of the Year Award, and taught about 150 students per year. For four years, he published 12 articles, which is remarkable. However, his service to the college is average. His raise is $3,000, 3% of $100,000. Prof. Ricks far exceeds in his service to the college because of his active role in the community and charity boards. However, his teaching is average and has written only two articles in the last six years. He receives 2% of $135,000, which equals to $2,700. Prof. Franks exceeds in service because he has been at the University for 18 years. He has taught about 150 students per year, so he has met the teaching standards. Nevertheless, he has failed to write any articles during the last four years. He gets $1,350, 1.5% of

The impact of oil price change on USs economy Research Paper

The impact of oil price change on USs economy - Research Paper Example An increase of 54% in the prices of crude oil in 2011 would lead to a double recession in the U.S. This paper aims at examining how shocks of oil prices in the past have impacted the U.S. economy, and makes predictions on how the economy will do in light of the recent oil prices. Using the methodology of forecasting from Hamilton (2008) with time analysis, the paper will use the impulse response functions from the prices of oil to predict the response of GDP. The literature review will be used to describe how oil is an integral part of the economy, and how recessions and oil shocks have coincided ever since World War II. The paper will point out the disagreements in the literature about the impacts of oil shocks on the U.S. economy as well as the asymmetry of price increases and price decreases. According to Hamilton (2010) when an embargo on oil was instituted by the Organization of Petroleum Exporting Countries (OPEC) the global supply of oil fell by 7.5%. The 1973 oil crisis effects were far reaching. According to Forrester (1984), the U.S set the target of reducing the consumption of oil by 25% at that time led by Richard Nixon. A country wide speed limit of 55 miles per hour was temporarily passed by the congress, and this continues until 1988 (Frum, 2010). The use of Christmas trees was banned in Oregon State (Frum, 2010). Many gas stations in the U.S were shut down as a result of insufficient oil supply, as many other gas stations rationed the gasoline supply (Hamilton, 2010). The American lifestyle was threatened by the Middle East instability which had a huge effect on the American people (Dahl, 2003). As a result of the political turmoil in Libya in 2011, the prices of crude oil went up to two and a half year high. As the issue was addressed by the U.S president, it became clear that, the U.S used 7% less oil in 2011 than in 2005, but still depends on the foreign oil. According to the U.S. imports over 55% of crude oil from outside.

An article Essay Example | Topics and Well Written Essays - 500 words

An article - Essay Example Hence, living many to question his ethical claims about own lifestyle. The ethical question that arises is why does he claim that his life is simple yet own lifestyle depicts otherwise? The worst criticism though emerges after his return from England characterized by lavish travel style funded by special interest groups and non-profit organizations that he himself has instituted. His perceived ethical standards further betray own character, when he results to opening up corruption opportunities which he himself vowed to end. From the time he assumed office, he has been at loggerheads with public employees over wages. This raises question as to his ability to deliver earlier made promises of well-censored of an ethical rule. He has turned his regime as that full of secrets leaving many to question even his integrity as an honest man. Some people contend he is not the first to give such ethical speeches when contesting for an office, thus â€Å"so can he be an exemption?† They do all this by criticizing the current office and when they are in the same spot maintain similar operations. He further go against his ethical stands after promising to bring a legislation to bar public office holders to work in two jobs and end the conflict of interest but then the law never comes to be. This really downgrades his willingness to end the malpractice and end unlawful party donations. His critiques even argue that he showed little interest for the bill to pass and that is why he has done nothing about the bill even if he could do something. There are many ethical violations exhibited by Christie especially when he denied public information yet claimed accountability would characterize his leadership. This leaves many wondering of how a government can be accountable when they do not allow people to evaluate and score them. His tenure is a characterization of numerous lawsuits with a lot of

Discussion in M7 Essay Example | Topics and Well Written Essays - 250 words

Discussion in M7 - Essay Example ording to their various function, that is, the hierarchical structure shows the head of the organization from chairman to deputy ,to head of departments, and so on. The sequence of leadership move from high rank to the lowest rank in the organization (Pinson, 2005). This type of organization is a stifle cross-functional collaboration as different employees with different specialization work for a common goal.tis type of collaboration is very useful as employees are only assigned in duties they are specialized (Tesmer, 2002). This system enhances innovations through creative collaboration of employees. The process based organizational structure is a business organization where there is compilation of activities that t utilizes one or more input of different types and produces output that is valuable to the customer. Processes are very important in every organization, for instance major processes such as sales, manufacturing and logistics always brings in more functional skills and cross external boundaries of the organization (Pinson, 2005). In process-based organizations, there is no individual in charge of the organizations process. The process owners therefore have the duty to efficient and effective in managing internal organization processes (Tesmer, 2002). Process based organization are important maintenance of functional organizational structure, therefore processes cannot become the only basis for most organization. It is recommended that, the process base organization should establish the process of integration division within the organization; they should also focus on ways in which processes can be transformed into organization strategy design (Pinson, 2005). Besides, the organization should also adopt matrix organizational structure than pure process based structure and lastly they should to give a definition of the organization in a precise way to make them

Is It Possible to Prove the Existance of God Essay Example for Free

Is It Possible to Prove the Existance of God Essay Is it possible to prove the existence of God? Throughout time many philosophers have been searching for an answer to creation and whether it is actually possible to prove (or not prove) if God exists. Some of the philosophers include Thomas Aquinas, William Paley and Blaise Pascal they came up with various different theories and arguments to prove the existence of God and why they believed he did exist. Another philosopher Karl Marx thought that his theory could convince people not to believe in God. One philosopher, Thomas Aquinas believed that God did exist and that he could prove this simply by arguing that the Universe could not have been made by nothing at all, saying that it was impossible for something to come from nothing. He believed that the universe was caused to exist by something which itself is uncaused, or else there would be an infinite regress. He thought that the only way to explain the start of the universe in a rational way was to say that it was created by God. I think that Aquinas may be right, but I doubt that he is right as he is saying that God was created by nothing but I feel that something must have created God and therefore there must have been an infinite regress. There is also no solid evidence or proof that God does exist and since there isn’t I think that not even Aquinas is 100% sure that God exists. Also, Aquinas’ theory seems rather contradictory as he says that the Universe must be caused by something and cannot just simply be made by nothing but that God is an uncaused causer. Another Philosopher, William Paley, like Aquinas was convinced that God does exist and that he could prove it. Paley ‘invented’ the thought experiment to encourage people to agree with him that God exists. He called his argument that Teleological argument (coming from the Greek word ‘telas’ meaning purpose). Story Imagine you are walking across open countryside with some friends. Then you suddenly come across something lying on the grass. You are so impressed with the workmanship that you are your friend. Who do you think made this watch? † The friend says†Nobody made this watch it was always there† Paley said that the universe, like a watch is too complicated and intelligently designed to have no creator. Paley used the Analogy of the watch to argue the existence of God. Paley argues that if a simple watch has a creator then the universe, which is so much more complicated and in some ways more beautiful than a watch must have a creator and that creator must be God. I think that Paley’s theory does seem reasonable but I do not fully agree with it completely. I think that the world must have a creator but not necessarily God anything could have been the creator and that the creator might not be Omnipotent, Omnibonevelant and Omniscient the creator could have simply just created the universe and then just left it or done nothing else to it. Another philosopher who also likes Aquinas and Paley ‘believed’ in God and thought that he could use his theory to encourage others to do so was Blaise Pascal. However, Pascal’s theory was very different to Aquinas and Paley’s. Pascal believed that God’s existence can neither be approved nor disapproved and whatever you decide about this problem will be uncertain and that your answer can be nothing more than a gamble. Pascal said that you cannot avoid making a gamble on God’s existence and you have to place your bet whether you like it or not. Pascal soon came to the conclusion that it would be better to believe that God existed than not to as you will not lose anything by doing so. He thought that if you believed that God existed and then after your death he actually did you would have a big gain by going to heaven. If, however God didn’t exist and you believed that you did you would not lose anything apart from some of your time praying and going to religious places etc. Pascal also thought that if you did not believe in God and came to know after your death that he did you would be most likely to go to hell therefore have a big loss. He called his theory Pascal’s wager. I strongly disagree with Pascal’s theory mainly because he only believed in God for selfish reasons and wanted people to believe in God only because of the happiness they would get in heaven which is not the actual idea. Also I think that God does not decide to put people in heaven and hell based on whether they believe or not but by the good deeds they have done in their life, so people who believe in God just for reasons like Pascal’s probably would not go to heaven anyway. I think that Pascal seems rather greedy to believe in God just to go to heaven after his death. The last philosopher I’m going to talk about is Karl Marx. Marx thought that that â€Å"Religion is a tool of oppression† meaning that Religion is something that you do not actually need but use to distract yourself from other things and something that someone just gets pleasure and happiness from. So he thought that everyone should just reject religion and this would make people aware of their own true situation and this may give them a chance to improve the conditions in which they live. Marx used quotes from the bible to back up quotes from the bible to back up his theory. â€Å"Blessed are the poor in spirit inherit the earth† Marx would argue that this quote is trying to say that it is not the rich and powerful who are most fortunate but actually the poor, as they will go to heaven because of all the suffering they have endured. He would say that the poor are often given quotes like this to make them content with their own miserable lives and that religion makes a virtue of poverty and meekness and unacceptable lives have been glamorised. Therefore I do not agree with Marx argument mainly because his theory may have been applicable at that time but it is not now, as people do not use religion just to have a distraction or something to comfort them when everything else is a mess. To conclude I think that although there are many different theories for whether God exists or not it is not actually possible to prove that God exists and that if you believe in God you should not just believe that he exists because of some theory but because you actually believe he exists and want to believe in him. Although it is probably not possible to prove whether God exists or not (unless he came down to earth and told everyone) the most convincing way would be to experience a miracle. Miracles can prove that God exists to a certain amount because most miracles would be far too big to be just a coincidence. Even though there are many stories about miracles in the news and in religious books such as the bible you cannot actually be sure until you experience one yourself. Miracles may not prove that God as people know him exists (Omnipotent, Omnibonevelant and Omniscient etc) but they do prove that there is an all powering/ supernatural being.

The Internet Addiction Media Essay

The Internet Addiction Media Essay In recent years, internet addiction has been a world-wide problem among the youth. Many of them may sit in front of the computer to play online game; chat with others for the whole day without resting. Those prolonged activities bring a lot of destructive effect to them both Internet can be very constructive, but we must be conscious how much time we spend on it on a daily basis. People are addicted to the internet since they do not control the amount of time they spend on it. It is important to have other interests apart from the internet. Today, surfing the Web has become a hobby as social and marketable as bar hopping or going to the movies. As the web has become a part of mainstream life, some mental health professionals have noted that a percentage of people using the web do so in a compulsive and out-of-control manner. In Japan (Aril 2010), a 30-year-old man who is addicted to internet killed his father and his 1 year-old niece because of his father terminated the contract of internet broadband. He then set up a fire and burnt his house. In this case, 2 people died and 3 people injured. This phenomenon of obsessive Internet use has been termed Internet Addiction based on its similarity to common addictions such as smoking, drinking, and gambling. Internet Addiction has even been championed as an actual disorder, notably by some psychologists. Nevertheless, at this time the true nature of Internet Addiction is not yet determined. Because the Internet is used by many people as a normal part of their career or education, knowing how to separate excessive from normal use becomes difficult and cannot using simple measures such as amount of time spent online in a given period. Most fundamental in distinguishing normal from problem Internet use is the experience of compulsion to use the net. Normal users, no matter how heavy their usage, do not need to get online and do not neglect their occupational duties or their relationships with family and friends to get online. Mental health professionals are split as to whether Internet addiction is real or not. No one disputes that some people use the Internet in an obsessive manner even to a point where it interferes with their ability to function at work and in social relationships. What is doubtful is whether people can become addicted to the Internet itself, or rather to the stimulation and information that the web provides. The argument surrounding Internet Addiction is precisely whether people become addicted to the net itself, or to the stimulation to be had via the net, such as online gambling, pornography or even simple communication with others via chat and blogs. Some psychologists do not consider in addiction to the Internet itself, but rather in addiction to stimulation that the Internet provides. They propose that new Internet users often show an initial fascination with the innovation of the Web, but eventually lose interest and reduce their time spent online back to a normal, healthy amount. Those abuser who do go on to show obsessive Internet utilization, for the most part become compulsive only with considering to particular types of information to be had online, mainly often gambling, pornography, chat room or shopping sites. This is not an addiction to the Internet itself, but rather to risk-taking, sex, socializing or shopping. In real meaning, the main addictive characteristic of the Internet is its capability to enable instant and relatively social stimulation. Addicted Internet users are addicted to a favored kind of social stimulation and not to the Internet itself, although it is also true that the Internet has made it easier a nd more convenient for someone to develop such a compulsion. Why peoples especially youth have internet addition? There are some reasons to explain it. By Internal Factors-The background of growth, the family is believed to have a fundamental influence on the developing child. A caregiver who is emotionally and physically available is essential for healthy child and adolescent development. Besides, dysfunctional caregiving, lack of positive parenting skills, and poor family management are strongly associated with substance use and delinquency in youth. Therefore, the youth growth up in poor family will seek alternative to fulfil their psychological needs, it is compensation. The level of compensation is depending on the individual factors such as the degree of self control, emotional control, ability of problem solving, anxiety management. When over compensation, addition will occur. There are some reasons that people choose internet for compensation. From social learning, when adolescents strong developmental needs, such as personal identity, autonomy, and relationships with peers may not be fulfilled through physical activities, t hey may then shed social inhibitions, which leads to Internet addiction (Lin Tsai, 2002), also when they are dissatisfied with their leisure time, they may be motivated to seek excitement and pleasure from cyberspace and therefore raise their level of Internet addiction. Besides, encourage of society and the common use of Internet activities raise the level of Internet addiction. Furthermore, the traditional activities are perceived to be boring and fails to satisfy expected optimal experience, the youth may be motivated to seek another alternative-the Internet. Internet not only fulfills youths psychological needs but also entertainment needs. Lastly, Internet dependency was burden and the youth become habituated by using. Internet addiction is not recognized as a formal mental health disorder. However, mental health professionals who have written about the subject note symptoms or behaviors that, when present in sufficient numbers, may indicate problematic use. These include: Obsession with the Internet: User often thinks about the Internet while he or she is offline.   Loss of control: Addicted users feel unable or unwilling to get up from the computer and walk away. They sit down to check e-mail or look up a bit of information, and end up staying online for hours. Inexplicable sadness or moodiness when not online: Reliance on any substance often causes mood-altering side effects when the addicted user is separated from the substance on which he or she depends. Distraction (Using the Internet as an anti-depressant): One common symptom of many Internet addicts is the compulsion to cheer ones self up by surfing the Web. Dishonesty in regard to Internet use: Addicts may end up lying to employers or family members about the amount of time they spend online, or find other ways to conceal the depth of their involvement with the Internet. Loss of boundaries or inhibitions: While this often pertains to romantic or sexual boundaries, such as sharing sexual fantasies online or participating in cyber sex, inhibitions can also be financial or social. Online gambling sites can cause addicts to blow more money than they would in a real-life casino because users never actually see their money won or lost, so it is easier to believe the money is not real. Chat rooms can incite users to reveal secrets they would not reveal in face-to-face or phone conversations because of the same separation from reality. Also, addicted users are much more likely to commit crimes while online (e.g., hacking) than non-addicts. Creation of virtual intimate relationships with other Internet users: Web-based relationships often cause those involved to spend excessive amounts of time online, attempting to make connections and date around the Net. Loss of a significant relationship due to Internet use: When users spend too much time on the Web, they often neglect their personal relationships. Over time, such relationships may fail as partners simply refuse to be treated badly and break off from relations with the addicted individual. Internet Addiction is not an official disorder, and many mental health professionals are not certain if it ever should be considered a real disorder. Nevertheless, compulsive Internet use is a serious problem for some people, and there are methods that can be helpful in alleviating this problem. Discussion below will describe some of these methods. Internet addiction is a problem of compulsive stimulation, much like drug addiction. Because of this similarity, well studied treatment procedures known to be useful for helping drug addicts towards recovery are adapted for use with Internet addicts when the need arises. The techniques we describe below are drawn from a popular school of therapy known as cognitive-behavioral therapy. Cognitive behavioral forms of therapy are well studied and known to be helpful as applied to many different mental and behavioral difficulties. They are also very practical and focus directly on reducing out of control addict behaviors, and preventing relapse. They are not the only valid forms of therapy, however. In treating drug addiction, frequently the goal of therapy is abstainence. An alcoholic, for example, is often best off if he or she ceases to drink alcohol entirely and to maintain a sober lifestyle. While this makes sense for a drug like alcohol which we might argue is a at best a luxury recreational indulgence and not a necessity, but it doesnt necessarily make sense for Internet over-usage. Much like the telephone, the Internet has become an essential part of modern business. To ask people to not use the Internet at all could be a significant burden for them. Instead of abstainence, then, a reasonable goal for Internet addiction therapy is a reduction in total use of the net. Because Internet addicts by definition will have difficulty moderating their use on their own, therapy techniques can be employed to help them to become more motivated to reduce their use, and to become more conscious of how they get into trouble with the Internet. Motivational Interviewing may be employed to assess how motivated Internet addict may be to change their behavior and to help addicts to increase their motivation to make a lasting change. To accomplish the latter, a therapist may help addicts to develop genuine empathy for the people who are hurt by their addiction (e.g., family and friends, employers, etc.). By helping addicts to see how their actions affect others they care about or are dependent on economically, therapists can help increase addicts motivation to change. Therapists will also generally help addicts to identify triggers that lead to episodes of uncontrolled Internet use. Naive addicts of any type typically believe that their indulgences just happen and that they played little or no role in an episode happening. A more realistic appraisal of an addicts true situation will often reveal that a particular unconscious set of events occurred involving triggers that prompted an addict to binge. Like a noun, a trigger is a person, place or thing that is a step in a chain of events that leads towards a relapse into addict behavior. To provide a fictitious but realistic example, a first trigger might be boredom, or horniness, or even a bad mood brought on by a fight. Addicts seek out their stimulation of choice in response to these triggers, most of the time without ever being all that aware of why they are acting as they do. Therapists will often discuss in detail episodes of indulgence with addicts so that they become conscious of their trigge rs and can choose to act in an alternative fashion when they next become vulnerable. They will also help addicts to generate lists of safer, more functional alternative behaviors they can engage in when they realize they are in danger so that they do not default to their addictive behavior. Part and parcel with identifying triggers, is helping addicts to set realistic goals for their Internet use. It may be that Internet use is important at use, but needs to be restricted at home. It may be that particular websites need to be avoided, but other uses of the Internet are okay. Therapists work with their patients to set realistic and measurable goals for their Internet usage. Patients are then asked to actually record their Internet usage in a log which is used in therapy to track progress. For example, to help reduce the amount of time spent of the Internet, or one specific portion thereof, a user will set a maximum allowed time per day or week. The goal is to keep under this maximumthe farther under, the better. To ensure this goal is met, users can rely on timers or alarms, to monitor how long they have spent online. For example, if an Internet user feels he is spending too much time in chat rooms, he may set a goal to spend no more than two hours per week using the Int ernet for this purpose. He sets a thirty-minute timer for each of the four times per week he wants to use the Internet for chat rooms, and as soon as his timer goes off he exits the chat room. He also records his actual usage on the log so as to see how well he is able to conform to his goal. As anyone can quickly surmise, conforming to goals and logging your behavior is hard, disciplined work that is difficult for many people to sustain on their own. Therapists help patients to sustain this disciplined work by having them give weekly progress reports (either in individual or group therapy settings), or setting up (healthy) rewards that patients can earn when goals have been met for an agreed upon amount of time. Since one of the main draws of the Internet is the secrecy it appears to give, sharing online experiences in the context of offline relationships may discourages a user from hiding in the Internet. Sharing progress in a group therapy session, with a therapist, or with a family member can help motivation to cut back on Internet time. Even with the best intentions, it is easy for an addict to forget to record a lapse, or to simply not bring it up in sessions. Denial and peoples desire to please can be powerful forces to overcome. Objective monitoring can be useful when self-discipline and self-reporting are not enough to keep an addict on the straight and narrow. Regular urine, blood and hair samples are used for this purpose when dealing with drug addicts. With regard to Internet addiction, it is possible to install computer programs designed to monitor where someone surfs and how long they spend there to provide an accurate and objective report of someones surfing behavior. PC software will monitor the kinds and number of websites a person uses and the amount of time spent Web surfing or checking e-mail. Such programs can help compulsive Internet users supervise their own Internet use, but only if they are installed so as to be hard to tamper with. The therapy techniques described above are best delivered by a trained mental health professional in the context of a therapy relationship. A fair amount of self-help literature in the form of books and websites are available for those whose problems are not so demanding, or those who simply wish to be more educated about this problem. See the reading suggestions below, or the Links section of this topic center for suggestions. The bottom line when dealing with Internet Addiction is to identify triggers that lead to problematic use, to set realistic goals for reducing use, and to then stick to and monitor conformance with those goals, sharing this conformity data with someone else to encourage honesty and sticking to the plan.

Overview Of The Communication Process Information Technology Essay

Overview Of The Communication Process Information Technology Essay Communication is a learned skill. We must learn to speak as well and communication effectively even most of us are born with the physical ability to talk. There are various ways to understanding the verbal and nonverbal meanings thru our speaking, learning and ability skill. We learn the basic communication skill by observing other people and modeling our behaviors based on what we see. We also taught some communication skill through education, by practicing skill and having them evaluated. In simple terms, communication can be defined as an action. Communication not only in written form or oral, even a gentle touch or a knowing look can also communicate a message loud and clear, as can an angry slap or a hard push. Take an example: babies communicate basic wants through crying. It does not include language and dont have to be vocalized. It is just a simple transmit information from one person to another person. It must have a message that being transferred from sender to receiver in every instance of communication. The sender and receiver must have some words, signs o signals in common with each other to make sure for the communication to be success so that message can easy to deliver and understood. Communication is also a two-way interaction between to parties to transmit information and mutual understanding between themselves. The interchange of information from one party to another is best when a discussion available, it can makes the communication easier because the receiver can ask questions and receive answer to clarify the massage. 1.1 Communication Process The communication process is the guide toad realizing effective communication. Effective communication leads to understanding, it is also opportunities to become more productive if that follow the communication process. Sender and the receiver take place in the sharing through the communication process. Communication process is a set of steps that will undertaken in an organization while every time formal communication. It is helps to ensure that your stakeholders are kept regularly informed. The communication process is made by four key of components. Those components include encoding, channel, decoding, and feedback. Sender and the receiver are also the two other factors in the process. The communication process begins by the sender and ends with the receiver. Noise in the communication process is any kind of interruption which can disturb the communication. 1.1.1 Sender (encoder) Sender is the boss who release the message originated. The sender must stat to encoding in order to convey meaning. You also need to be confident in the information that you communicate is useful and accurate. A positive attitude of the communicators and the meaningful symbols select by the communicators are the factor that will determine how effective the communicator will be. 1.1.2 Encoding Encoding is the process that transferring the information you want, and correctly decoded at the other end with the form of communicated. Ability of convey information clearly and simply, eliminate and anticipate sources of confusion will deeply affected whether success or not of your encoding. Knowing your audience is a important key part of encoding, result in delivering messages will be misunderstood if your are failure to understand who you are communicating with. 1.1.3 Channel (medium of transmit) Channel means use to convey the message with non-verbal and verbal interaction. The sender uses some kind of channel to begin transmit their message. The effectiveness of the different types of channels fluctuates depend the characteristic of the communication. Most channels are letters, memos, emails, reports, meeting, telephone and videoconferencing. There are different strengths and weaknesses of different channel. For example, oral communication channel become more effective when immediate feedback is necessary, because it can be cleared up on the spot of an uncertainties. So that select the appropriate channel will greatly assist in the effectiveness of receivers understandings. 1.1.4 Decoding Decoding is performed in receiver side in the communication process. Decoding is once the message is received and examined, the stimulus is sent to the brain for interpreting, in order to assign some type of meaning to it. The receiver will correctly interprets the senders message is the communication takes place successful. 1.1.5 Receiver (decoder) Receiver is the person who simply receiving the message. Communication will only successful when the reaction of the receiver is that which the communicator intended. All the interpretation by the receiver is influenced by their knowledge, perception, attitudes, experiences, skill, and culture. It is actually similar to the senders relationship with recoding. 1.1.5 Feedback Feed back is the reply we receive to the message sent. It may a request for further clarification, a responses oral or written feedback, and undesirable decision or a detailed report. The sender cannot confirm whether the receiver has interpreted the message correctly or not without feedback. It also provides an opportunity for the sender to avoid the wrong action and to clarify a misunderstood message. 1.1.6 Noise Any things will interfere the understanding of communication also called as noise. In this instance, the message was not properly constructed and hence the secretary did not understand it as intended by the sender.  In any way, noise is any stimulus that will be interferes with the communicators ability to achieve the understanding. The ways to ensure the intended audience to receive right message A good communication skill can ensure the intended audience to receive the right message and it can reduce the misunderstood on message receiver. There have some effective ways to ensure the intended to get a right message: Completeness: The message must be complete to bring the desirable result. You must understand what is the reader wants or needs and you must also provide all the necessary information to answer the entire question. You can also give some extra information when desirable. Comprehensive and Conciseness: Eliminate the wordy expression, must avoid needless filter words and phrase. Inside the communication, you must include the only relevant materials, dun want include any un-relevant information to confuse the message receiver. Concreteness: Add the flashed word picture, made facts vivid into the communication. Try to add some specific facts and figure try to attractive the message receiver. Some more can put the action into your verbs. Clarity: when communication to someone, make sure u are clear about your goal or message. Try to minimize the number of ideas in each sentence. Make sure your sentence is easy to understand your meaning. Correct: Make you are fits to your audience when you are in communication. Conclusion You have to apply a communication process if you wish to communicate formally within an organization. The communication process is the perfect guide toward to achieve an effective communication. Certain barriers may present in the communication process and it may bring the negative impact on the process. By the way, you can get the feedback on the communication which have take place and it can be entre that future communication are improve. Successful and effective communication within an organization stems from the implementation of their communication skill if they follow the communication process. All members within the organization will avoid the barriers and can be improved. Communication skill is important because it can avoid the wrong message you send or receive. 2.0 Introduction A good communication between the firms and the customer is quite important. It may direct influence the popularity of the product. So there are important on which kind of advertising will you choose to promo your business. Select a right media for one to send out your message is an important step to developing your sales and marketing plan. The right media for one business may be wrong for another. Dubway is going to launch at Ipoh area. Dubway is an American restaurant, primarily they sells sandwiches, salads, and personal pizza. Target market of Dubway at Ipoh will be the people who wake up early can hope to buy a healthy breakfast quickly. As the product manager of the first Dubway of Ipoh, Im choosing the methods, the mediums and the vehicles that i would use to communicate with our target audience to persuade them to buy our product. 2.1 Advertising medium Advertising medium is the media variable to carries the advertisers message to the consumer. This is the vital connection between the product or services and the customer who willing to buy it. Usually a plural term of media is describing channel of mass communication. A common advertising media will be magazine, radio, television and newspaper. Example of other communication vehicles: direct mail, billboard, transit inflatable, blimps, balloons, interactive, fax and satellite. 2.1.1 Print Media Print media is the most effective way to disseminating the information of advertisement to the masses. Example of print media: newspaper, flyer, brochure and magazine. An advertisement in print media can reach a wide number of people in a given geographic to get the information because it is high reader involvement. In general, print media is a slightly better opportunities to catch the readers attention. But it will be not effective if your advertisement in a not obvious page or design. 2.1.2 Electronic Media Electronic media is the mode of electronic transmission. Its include television, radio, internet, CD-ROMs, DVD, cinema and etc. Electronic media of internet are unlimited distribution at little or no cost. These are also in a lower barrier to entry for content creators compared to traditional media. It can also let the huge number of people to get the information. It also provided the creativeness for the firms who want to make an advertisement. 2.1.3 Transmit Media Transmit media can be defined as a out-door media. Its may include the bus, cab, airplane with the advertisement poster, a balloon with the brand name and color or etc. But this kind of advertisement cant transmit the detail of information to the consumer. 2.2 Dubway advertising thru newspaper Dubway will choose to advertising about their information in newspaper. There are few advantage of advertise on newspaper: A reasonable cost when the firms make an advertisement in newspaper. They can also depend the price or the structure of their firms, their budget to decide the advertisement size and placement within the newspaper. This is the cost effective advertisement, its allows you to reach a huge number of people in a given geographic area. Advertisement through newspaper let the firm enjoy the high effectiveness but lower cost compare with other advertising media for example: television and magazine. Advertisement at newspaper also can unlimited exposure by firms, readers can go back to your message again and again if so desired. Usually take an advertisement at newspaper, they will free help in creating and producing and copy is usually available. Newspaper also a quick turn-around to helps the firm advertisement reflect the changing market conditions. The advertisement of firm will decide to run today can be in the customers hand in one to two days. 2.3 Dubway advertisement Dubways main product will be the sandwich. Dubway uses Eat Fresh as their slogan and there are explain how the every sandwich freshly and baked dough. Each sandwich also made by the fresh ingredients and they are exact specification in front of their customer. Now a days, most people are take care about their healthy, fast food may put into the list of rubbish food in majority people who so care about their health. So that the concept of Dubway is try to change the opinion of the people. Eat fresh be the slogan of Dubway, it try to let the people who can enjoy the healthy, full of nutrient, fast and nice food. They have a lot of choices at Dubway such as steak and cheese sandwich, meatball sandwich, roast beef sandwich, turkey breast and ham sandwich and etc. Coca-cola, Pepsi, Coffee and etc drinks also available at Dubway. Any photo makes customer has their choice to decide what flavor they likes, then, these photo should be colorful and looks freshness. However, these photos supposed to be attractive from customer. Use some of words to advertise such as eat fresh, that compare with McD or KFC will be more attractive. Because of customer prefer the food freshness. some more the name of every flavor let customers have their easier. Eat fresh this slogan is to obviously promo the product with the fresh ingredient. The nine picture of sandwich is the most popular order from customer. 2.4 Conclusion Advertising is one for the important things that present product or services of the firms. Advertising helps to keep the consumer informed about the any new product are available and trying to make a connection to the potential consumer. It helps to spread awareness about product or services that are use to consumer and potential buyers. In a successful business, advertising play an essential and important role. Advertising can increase the sales of product and service. In other way, advertising also increase the popularity of your product or services.

Reorganization :: essays research papers

Reorganization A Company which have 100 people, has just gone into liquidation, being unable to manufacture furniture of sufficient quality and provide enough to satisfy the demand for it. In order to solve the problem, we have already thought up a plan. The bank manager have already accepts the financial and marketing aspects of the plan, but he is unsure of my management ability and how I would improve the organisation and management of the collectively brought about the company's downfall. So I am now have to reassure him and persuade him that I know not only how to manage people, but also how to set up and organise appropriate business processes. For the business problem that we are working with. It is require a range of skilful and craft workers, So that the aim of the plan is to provide a good quality and sufficient amount of products. Satisfy the demand for it. Show that plan to the bank manager, give him a confidence. So that we can borrow this budget form him then we can put the company on track again. These are all internal problems within the company; management of workers, suppliers, costs and budget. THE OBJECTIVE. FIRST the workers. Due to the fact that it must have the following problem in suppliers area. The quality of the raw material must have not reach the standard that is aimed. For examples: the may ordered some cheap materials or expensive raw materials where they can have poor quality of work done with the expensive materials and good quality of materials done by poor quality of work or it could be the other way round. So it need to reorganise and have real thought about it. For the problem which just mention can be relayed to the workers. The workers also have problem in; not happy with their salary, relationship problems between all workers themselves (neighbour trouble), also not happy with their raw materials where they are working with. To solve the problem above I must monitor in depth on the suppliers. Look at their raw material that they are provided and communicate with the craft workers and see if the materials are what they really want and what really keen on working with e.g. a worker may not be happy working with pine wood because he thing pine wood is not the right raw material e.g. too light or not met specification for the furniture or some other strange reason and where I must really consider about his thought rather than just do what I wanted to do. In other words if I've ordered some expensive raw materials, but it still end up

Charles Augustin de Coulomb :: biographies bio

Charles Augustin Coulomb was born on June 14th, 1736 in Angoulà ªme, France. Henry Coulomb, Charles' father, had a military career, but left that for the government. His mother, Catherine Bajet, was related to a very wealthy family, the de Sà ©nac's. Many say that Henry Coulomb got caught up in some financial mishaps which led to him losing most all of his money. During Coulomb's younger years his family moved from Angoulà ªme on to Paris. Here, Charles attended many lectures at the College Mazarin and also the College de France. His mom wanted him to be a medical doctor, but on the contrary, Charles wanted to go on and study mathematics. Since Charles disobeyed his mother, he was disowned and was forced to stay with his father over in Montpellier. During his stay he joined the second royal scientific society in France known as the scientific circle. Here he read many papers on mathematics and astronomy. It was a shame that he had no money to purchase a home of his own and continu e his scientific studies, but eventually he came to be a military engineer. He joined the military school at Mà ©zià ¨res in 1760. Here he formed many friendships which would later be important for his scientific work. Charles Bossut, his teacher at Mà ©zià ¨res and Jean Charles Borda where among them. After spending nearly nine years in Martinique as an engineer of the military Charles returned to France mostly due to ill health. In 1781 he entered the French Academy of Sciences where he was a part of the administration of waters and fountains, the reform of hospitals and the system of weights and measures. He was able to publish his paper in 1787 where he proved his famous Coulombs Law. Soon came the outbreak of the French Revolution and Charles decided to retire to a small cottage in Blois. Here he was able to devote his time to

Consumer Behavior Literature Review Essay

INTRODUCTION: Profile of students: 2014 was the year, which saw an increasing number of students of XLRI batch, belonged to Generation Z. The current students are the ones who were born into a digital world and they find it difficult remembering a time without the Internet, laptops and most importantly mobile phones. Also, they are used to process huge amounts of information using high speed Internet. Since this generation has spend an increasing amount of time interacting on social media than rest others, large amount of information which they receive is through others, which at times is not without personal bias. Some of the other qualities attributable to them are listed in the picture below: Given the limited income (owing to zero or 1-2 years of work experience), price is a key factor when students select their prospective alternatives of phones. Therefore, mid-range handsets are more popular in this segment instead of the high end ones. Mobile market and Brands in India: Some of the important headline facts ands figures related to mobile phone market in India: Around 200 Million units of feature phones were sold in India during 2013 Smartphones registered the fastest retail volume growth of 172% during 2013, with sales reaching 44 Million phones. Launch of affordable smartphones has decreased the increase in sales of feature phones. Mobile phones are expected to register retail volume growth of CAGR 9% with sales reaching 39 million units by 2018 Growth in the category and market share and its variance in last five years is given in the table below: QUALITATIVE RESEARCH India is a booming market for mobile phone industry. As per the report from IPSOS Consulting, Mobile subscribers grew from 2 million in 2000 to 939 million in 2012. Due to plethora of options available in the market,  customers get to choose the right product for them as per their needs. In order to understand the factors considered by a potential customer while making the buying decision in depth interview was conducted with people who bought mobile phone recently and the people with prior work experience in mobile manufacturing companies as described in Annexure1 Variables Identification The variable of our study are reasons for purchasing, criteria of mobile purchase, major information source, Demographic and Psychographic characteristic of mobile buyer across brands, satisfaction of the mobile purchase across brands, barriers to buying mobiles students face, awareness about mobile models, money spent on mobile in a year by students. The following table presents the details of variables of our study. Variable Parameter Reason for purchasing Calling, feeling connected, convenience Criteria of mobile purchase Price, sim slots, gaming ease, camera, screen size, warranty, graphic, processor, RAM, OS,storage Source of information Friends, shopkeepers, blogs, e-commerce websites factors influencing the purchase discount offers, EMI,exchange offers, festivals, gifts, sales promotions Demographic and psychographic characteristics Of mobile buyers across brands Prior work experience, gender, specialization Satisfaction of mobile across brands Brand loyalty, recommendation to others Barriers to buying Availability, time, inconvenience Awareness about mobile models Based on gender, used source of information Money spent on mobile in a year Average expenditure, frequency of purchase, number of phones used at a time Annexure-A (Details of In-depth Interview) Objective of In-depth Interview Identify the reasons for a new purchase To understand the factors affecting the buying decision To understand the role of WOM and other sources of information in making the final decision Identify the essential features in the mobile phone bought Identify the desired features in the mobile phone Screening Questions Purchased a mobile phone after coming to XLRI Or worked for a mobile manufacturing firm before coming to XLRI Introduction of Awareness Name, Home town Sources of information Behavior Influence of various source of information Relevant Attitude and Value Activity Aspirational Value Conclusion What are the main reasons for buying a particular phone? Literature Review Studies on consumer behavior regard consumers as key determinants of organizational success and it has been found that the most successful organizations are those that are customer-centered (Blackwell, Miniard, & Engel, 2006). It is a study of decision-making process of buyers whether they are individuals or a group to understand their demand. For companies it is very important to understand consumer behavior so that they can identify their requirements and cater to their expectations from the product or service. It is only then they will be able to capture their target market and maintain their market share. Dorsch, Grove and Darden (2002) in their research on customer choice of mobile phone found that from the perspective of marketing consumer’s purchase process can be classified into a five step  problem solving process such as: need recognition, information search, given alternatives evaluation, purchase activity and post purchase evaluation When buying a product a lot o f interpersonal and social factors are involved and so is the case for mobile phones. A study by Karjaluoto et al. (2005) on analyzing factors affecting decision making process for buying mobile phones in Finland, classified the factors into seven categories: innovative services, multimedia, design, brand and basic properties, outside influence, price and reliability. The authors also found from the two studies that while technical problems were the basic reason to change mobile phone among students; price, brand, interface, and properties were the most influential factors affecting the actual choice between brands. Liu (2002) conducted a similar study focused on decisions regarding brand for the mobile phones in Asia, found that the choice of a mobile phone is characterized by two attitudes towards brands: attitudes towards the mobile phone brand and attitudes towards the network. Largely new features affect customers’ choice of mobile phone brand than its size. This trend of choosing is definitely towards phones with better capacity and larger screens. It can also be seen that the current trend is seeing a shift in the mobile phone industry from second-generation mobile phones to third generation. Factors like Internet access and MMS services etc are also impacting consumer-buying behavior. In another study, Riquelme (2001) studied the amount of self-knowledge consumers have when choosing between mobile phone brands. It was built upon six key attributes (telephone features, connection fee, access cost, mobile to mobile phone rates, call rates and free rates). The research showed that consumers with prior knowledge were able to predict their choices relatively well but customers tended to overestimate the importance of features, call rates and underestimate the importance of monthly access fee, mobile to mobile phones rate and connection fee. References: 1. Blackwell, R. J., Miniard, P. W., & Engel, J. F. (2006). Consumer behavior (10th Ed.) Cincinnati, Orlando: Harcourt College Publishers. South Western-Thomson Learning. 2. Karjaluoto, H., Karvonen, J., Kesti, M., Koivumaki, T., Manninen, M., Pakola, J., Ristola, A., & Salo, J. (2005). Factors Affecting Consumer Choice of Mobile Phones: Two Studies from Finland. Journal of Euromarketing, 14(3), 59–82. 3. Liu, CM (2002). The effects of promotional activities on brand decision in the cellular telephone industry, The Journal of Product & Brand Management, vol. 11, no. 1, pp. 42-51. 4. Dorsch, MJ, Grove, SJ and Darden, WR (2000). Consumer intentions to use service category, Journal of Services Marketing, vol. 14, no. 2, pp. 92-118. 5. Riquelme, H. (2001). Do consumers know what they want? Journal of Consumer marketing 18(5), 437-448

Reunion Analytic Essay Essay

â€Å"Reunion† is a short story written by John Cheever in 1962, who was an American novelist and short story writer. John often writes about stories taking place in the suburbs, in cities close to where he was born1. â€Å"Living with strangers† is a story written by Siri Hustvedt, who also is an American novelist and essayist2. â€Å"Reunion† takes place in the suburb in New York, where the young boy Charlie, who is the narrator in the story, meets his father after several years of separation. Charlie’s thoughts about his father are very positive, â€Å"He was a big, good-looking man and I was terribly happy to see him again.† (p.1 l.12-13). The father seems to be a very busy business man, â€Å"His secretary wrote to say that he would meet me at the information booth at noon† (p.1 l.7-8), it is not his dad who is replying, which may indicate that his father does not put so much effort in meeting his soon, like Charlie does in meeting his old dad. Charlie is so happy to see his dad, â€Å"I wished that we could be photographed† (p.1 l.18), and he does not want to forget this moment, he is very proud of his dad. Charlie must be in his late teenage years and approximately 17 years old, in the fact that he can travel on his own and he is not allowed to drink. In this age, boys tend to look up to their parents, especially their dad. It seems like Charlie’s role model is his father, and that is not uncommon in his age â€Å"I knew that when I was grown I would be something like him; I would have to plan my campaigns within his limitations† (p.1 l. 11-12), given these facts, it seems like Charlie has planned his future after his father’s life, so that emphasizes that his father is his role model. Despite Charlie’s age, the father wants to have a beer with him. Charlie agrees to that, because he trusts his dad and everything he does is right and must not be questioned. In every society and culture, there are some unwritten rules and norms, which you have to follow. â€Å"Chop-chop. Then he clapped his hands†, an unwritten rule is e.g. that you never clap for the waiters attention. Charlie’s father’s behavior is very immature and it shows  his arrogance towards other people, people in the lower end of the society. But is does not seem like Charlie is effected by his way of acting. It is like Charlie is using the phrase from the story â€Å"Living with Strangers† – â€Å"Pretend like it isn’t happening† (p.1 l.21). His way of seeing his father, is affected of his high expectations of his role model. â€Å"His boisterousness in the empty restaurant seemed out of place†, Charlie knows that his father is not acting in a normal way, but he does not say anything about his behavior, maybe because he does not want to argue with his father. After entering plenty of restaurants, only to get a beer, â€Å"He put his arm around me and pressed me against him. â€Å"I’ll walk you back to the station. If there had only been time to go up to my club† (p.2 l.73-75), his father uses his valuable time with his son, running after a beer in various restaurants and acting in an unacceptable way. People on the restaurants is not paying attention to them, because like in â€Å"Living with strangers†, â€Å"Nobody else had given the woman a first glance, much less a second† (p.1 l.30-31), this is part of the pretend-like-isn’t-happening law. In â€Å"Living with strangers† it says â€Å"And acting, as everyone in the city knows, can be dangerous† (p.2 l.50-51), maybe the father would have acted very dangerously, if people would had said something to him about his behavior, but no one seems to take that chance. At the end of the story, Charlie tries to say goodbye to his dad, but he is arguing with a guy at the newsstand â€Å"Now just wait a second, sonny,† he said â€Å"Just wait a second. I want to get a rise out of this chap.† (p.2 l.83-84). Even at the very end, the father acts in an unacceptable way. The son had to catch his train and went down the stairs, while the father argued over a newspaper. What is the message of this story? Do we have to expect nothing and then you won’t be disappointed? The shortcomings about his dad and the preconceived view about him and how he has evolved, have given him unrealistic pictures about his father and ended with a big disappointment. Compared to the message in â€Å"Living with strangers†, â€Å"don’t judge a book by its cover†, this can also be used on Reunion. If Charlie did not judge his father on his looks, maybe he would have got another view on him. So in short terms, if he did not have expectation s – he would not get  disappointed. Urkund has received the document – Analytical Essay – Reunion.docx – 03-09-2014 23:10:00. It was sent from simonhvarre@hotmail.com to lol.eucn@analys.urkund.se. The document has been allocated a reference ID – D11417005.

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