Stephen Austin free essay sample

Stephen AustinMr. RussoFebruary 20, 2018ELA Should torture be allowed in the US Military? Should the Military be allowed to use Torture for information regarding terrorism to save lives? Some people would say It is effective and it does its purpose, which is to save lives and prevent terrorist attacks. Other people deny this claim and believe that it is ineffective, and inhumane. In 2008, President Obama signed an executive order stopping the use of torture. The current President of the United States is for the use of torture. Throughout the Middle East theyre chopping off heads of Christians, theyre chopping of heads of people, anyone that gets in the way. Theyre drowning 30-40 people at a time in heavy steal cages. As far as Im concerned, waterboarding is absolutely fine, and we should go much further.The history of Torture. the action or practice of inflicting severe pain on someone as a punishment or to force them to do or say something, or for the pleasure of the person inflicting the pain In Exodus, it shows how brutally enslaved and tortured the children of Israel were shown in Exodus 5:22. We will write a custom essay sample on Stephen Austin or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Eventually, as technology improved, so did torture methods such as whips, and shackles. A common way to torture people while putting them to death would be a crucifix. Peoples hands and legs would be nailed to a cross shaped piece of wood and would be left to hung for the rest of their lives, which could last from hours to days. This device was designed for people to get just enough air to live while suffering. People who are thirst would be given vinegar to drink, and roman soldiers would often break different bones to make the victim suffer more before they die. During the middle ages, a common tactic would be the metal coffin. This coffin was made of metal that is roughly the same shape and size of the average human. Overweight people would be forced into this cage and hung inside of them until a crow would pick their dead bodies after they have died. An Iconic torture device is called the iron Maiden. The iron maiden is simply a coffin with a head at the top of it with spikes inside of the cage and the inside of the doors that open and close. People have experienced many triadic and horrible things on the World Trade Center attack of September 11, 2001. A lot of people lost lives that day, about 2,977 people (reference.com) A lot of people lost family members, friends, children, mothers, fathers, and others. KSM was behind this horrific attack. People want answers and want to end terrorist attacks. Therefore, people like Donald Trump believes in torture. He wants to torture terrorist to find out information. Throughout the Middle East theyre chopping off heads of Christians, theyre chopping of heads of people, anyone that gets in the way. Theyre drowning 30-40 people at a time in heavy steal cages. As far as Im concerned, waterboarding is absolutely fine, and we should go much further. – (Donald J. Trump. An article by the name of The reason why Americans are OK with torture. States say that Americans dont believe it referring to the fact that torture doesnt work, and false information is given. Some people believe torture is a way of pay back for their crimes against humanity. CBSs Most Americans consider waterboarding to be torture: poll article states that fifty seven percent that took the poll believe that waterboarding and other forms of torture provide valuable information that can prevent terror attacks and twenty three percent believes that this occurs frequently. Only eight percent of people believe that information obtained by torture is trust worthy. There are many negative affects to torture. As previously stated, Torture is the act or practice of inflicting severe pain on someone. This is essentially haring the person. The military uses torture to extract information from terrorist. There are several problems with this method used in todays United States military. To begin with, people are usually in pain when tortured and will do anything for that pain to stop. With that information, people tend to lie. An example of this occurring within the military would be a case between a person called Khalid Sheik Mohammed. According to Fox news Terror on trial special Who is KSM? (2009) Khalid Sheikh Mohammed, known as KSM, is one of historys most violent and brutal terrorists. He was ether principle architect of the September 11th attacks as well as dozens of other plots against the U.S. and western targets worldwide. This story begins with how he was captured. The New Yorkers Khalid Sheik Mohammed and the C.I.A. States someone that goes by the alias Asset X who can lead them to KSM and on February 2003 in Pakistan he was captured and taken into custody. He was tortured horribly. The New Yorkers Khalid Sheik Mohammed and the C.I.A. quote one of the C.I.A.s documents on how the torture of KSM is progressing. Overall seems to be that waterboarding is not working in gaining KSM[s] compliance. Later, it was revealed that KSM began to lie about who was involved in the terrorist plot just so the C.I.A. would stop torturing him. There are many alternatives to torture that allows people to confess to crimes and plots without having to harm the suspect. Tactics Police Use to Get a Confession by the Criminal Defense Lawyer says that there is a method called The Reid Technique which is when the police isolate the suspect from friends and family, they make the suspects feel guilty of the crime, then suggest that the criminal confess to the crime for a lower sentence. Another law firm called Lauren Taylor Law explains that police officers can lie and deceive suspect into getting information, which is an alternative way of getting a confession. This could also be used in the military to get confessions from terrorist and possible prevent terrorist attacks. The most commonly used method to get a confession is called The Reid effect. This Reid effect was made in 1947 by John. E. Reid. This method has a total of 9 steps. Essentially, the interrogator presents the evidence, which can be either real or fake, to the suspect and show that the suspect is involved in the crime. Then In conclusion, there are some benefits and negative effects of torture. To begin with, torture has been used for centuries of history, and go as far back as the time of Jesus and prior to him. Evidence of this were tools such as the crucifix which is where people would be nailed to a piece of wood and hung there for hours or even days in pain and agony. In current times however, torture is used to achieve information, usually from criminals or terror subjects. What multiple resources have proven is that there are mental effects that accompany torture. Though some people believe that torture is effective, is has been proven that it is unreliable because people will lie to end the torture. An example of this is KSM, who has admitted to lying when he was tortured via waterboarding, and a method called walling which is when someone is thrown multiple times onto a wall. Studies have shown that there are also alternatives to torture to gain information. Interrogators can lie and create false evidence to convince suspects they are guilty and eventually make them confess to the crime that they have done.

Graphic Design in Society Essay Example

Graphic Design in Society Essay Example Graphic Design in Society Essay Graphic Design in Society Essay EPARTS 191 – DESIGN IN SOCIETY ASSIGNMENT TASK 2 Essay Graphic design is the art of communication. The designer takes an idea and creates a visual experience to communicate an idea, or to send a specific message to the responder through both printed and electronic means. Imagine a world without graphic design, you may not realise it right now but graphic design is everywhere. It’s what attracts you to a product or business and forces you to understand the message at the point of its creation. If the message is not clear then the graphic designer has failed. In this essay I will be discussing the history of graphic design, notable and popular styles, and the age old debate of computer versus the creative process, what the future holds and in turn proving that graphic design is the most important design discipline in our society. Graphic design has always existed, it has always been there for artists to express themselves and documents show that it goes back to the late 19th century at least but in my opinion graphic design never became more important and known until the Bauhaus was opened in 1919. The Bauhaus or House of Building was an art school in Germany which pioneered simplistic design and became a style of design itself, although it only existed for 14 years. The style is still heavily popular today within examples such as Ikea who produce simplistic furniture, advertisements, accessories etc and sell unfathomable amounts each year. This couldn’t happen and continue to happen if it wasn’t for successful graphic design and the elegant Swiss style I talk about below. : With each era a new style emerged to match the changes in society, throughout the 1960’s when the hippy lifestyle was adopted it was shown heavily through the art produced. Posters were full colour, bright and flowing and colour theory was well used. The responder’s eyes were immediately drawn to the swirling and often unorthodox patterns which assisted in making it unique. The American ‘Big Idea’ style became popular in around 1950’s and is still used today. In brief this style is generally a provocative or stimulating mage with short headline over the top; it was also known as the ‘picture is worth a thousand words’ approach (Heller Balance 2001). Another notable style is the Swiss approach which also uses simplistic techniques as well as symmetry and gridlines (which made most designs produced relatively predictable) to produce more logical designs as opposed to emotional or subjective. Why is it that in these modern times everything is computer based, computer done or needs a computer to begin it but does that take away from ones creative thinking? It’s debatable whether the speed and efficiency of computers stops graphic designers from studying their project/s in finer detail and thus not providing as higher results as hand drawing or rendering. In my opinion nothing can ever make lead up sketches obsolete, putting a pencil to paper and loosely drawing ideas is umpteen times faster than computer aided design (although using a tablet may increase speed). From my experience drawing on paper first allows you to relax and not concentrate as hard, in which ideas come about more freely than if you were to concentrate into drawing on a computer program such as Illustrator. Graphic design is innovation and advancement; it documents the growth of society and the changing of views, ideals, opinions and any other kind of free speech a person can express. If you look around, you can pinpoint most graphic designer’s styles down to someone work prior, be it taking inspiration or taking tips it becomes somewhat of a building block. With newer technology comes newer ways to do things but traditional methods will never go out of style, how can you say a design discipline that has successfully been around for roughly 100 years can die out? In conclusion, what a boring and colourless life we would live in without graphic design; who would be there to trick us into purchasing and believing things. Heller, S. Balance, G. (2001). Graphic Design History. Allworth Communications Inc.

Compare and Contrast 2 Quality Management Theories Research Paper

Compare and Contrast 2 Quality Management Theories - Research Paper Example The basic contention behind the implementation of either Six Sigma or lean techniques is to increase the output from existing processes and methods. It must be taken to note that Six Sigma applies more to bolstering output by removing causes behind defects through the implementation of measurement and statistical techniques (Tennant, 2001). On the other hand, lean techniques consist largely of methods that are aimed at improving processes by looking at existing loopholes and reacting accordingly (Taylor, 2008). Need for Lean Techniques and Six Sigma in the Healthcare Sector Lean techniques are not based in large part on quantification unlike Six Sigma that dwells on quantifying defects for their removal and noting process improvement levels. In recent years, both Six Sigma and lean techniques have been used increasingly in the healthcare sector to deal with existing and emerging challenges. The increasing cost of healthcare and visits to doctors have meant that it is required to opti mize healthcare access costs through the application of Six Sigma and lean techniques. However, it must also be kept in mind that healthcare applications involve critical assessments that might end up with permanent damage to the patient’s health or might even result in a fatality (DelliFraine, Langabeer, & Nembhard, 2010). In such a case, the advantage of applying either Six Sigma or lean techniques is removed altogether as the customer is effectively permanently damaged or removed from the service list. On another note, it must be considered that the failure of Six Sigma or lean techniques in the manufacturing, services or other sectors may result in nothing more than another defect not involving loss to human beings. However, in the case of the healthcare industry, any failure of the Six Sigma or lean techniques regime could possibly lead to a human fatality which is not desirable. Therefore, the application of either Six Sigma or lean techniques requires differentiation b etween critical and non-critical applications in the healthcare sector. Requirements of Quality Management Philosophy in the Healthcare Sector The healthcare industry effectively requires a technique that is not harmful to the customers. In case that Six Sigma is applied to the healthcare industry, it would involve taking measurements as a vital method of producing baselines and quantifying output levels to see how processes have improved. As far as the manufacturing sector is concerned, Six Sigma is effective because the same manufacturing processes are being repeated to manufacture the end product. The continuous nature of the measurement ensures that Six Sigma can be applied across the board to the entire organization. Even if the services industry is considered, it becomes clear that similar end services are being provided to customers resulting in insightful measurements for Six Sigma improvements. However, the case of the healthcare sector is altogether different since any hea lthcare organization is servicing customers with multiple differentiated needs at the same time. For example, the same hospital could be dealing with emergency trauma patients as well as with cardiovascular disease patients. The wide range of processes required to satisfy the end customer do not favor Six Sigma for measurement in the healthcare sector (Taner & Sezen, 2007). Six Sigma In the case of the

Was the postWorld War II decolonization movement too rushed, Essay

Was the postWorld War II decolonization movement too rushed, especially in Africa' - Essay Example India was completely free and given back to Indians and India became independent of British rule. By 1950, a wave in independence struggle and the need to be free was felt across colonies in Africa and this first began in Benin, where natives wanted to come out of European rule. Very soon, other African nations such as Kenya followed and by 1990, the whole African continent attained freedom from European rule (Hargreaves, 1988). The freedom movement in Africa could be compared with the freedom struggle in India although both could be generalized yet distinct features would be drawn. Whereas in India, the decolonization process developed gradually and took many years and was well planned and carried out, the independence movement in Africa has been considered as rushed and unplanned that left unstable political scenarios and a vacuum in the region. The decolonization process in Africa was a rush for distribution of power and European nations remained apprehensive about the situation that also left Africa in a state of chaos. Following the devastation of World War, France, Britain and Germany, the major colonial powers could not retain their supremacy and control over colonies and nation states so independence from colonial rule was inevitable and showed first in the independence struggle of India. Although the entire African and Asian region followed the Indian example, Africa was not actually prepared to handle independence and chaos resulted from an attempt to end colonial rule almost abruptly. Liberia, Egypt and South Africa were already free nations and Moro cco and Sudan also attained freedom. Benin and later Kenya were however places where initial uprisings took form following the Indian example. However the uprisings in Africa were bloody and not as peaceful as was in India as the European powers initially resisted such uprisings although later had to give in to Africa's demand for independence (Hargreaves, 1988). However when independence in India was more organized, and political powers were distributed evenly, in Africa, chaos resulted with pullout of European powers and there was disruption in political and economic systems, no blueprint or political plan to run the nation states and the tribal and state boundaries were also arbitrary resulting in fights between tribal leaders. As traditions and customs formed an important part of African culture, the change in leadership brought about power struggle between tribal groups and African political leaders. Yet Africa was struggling for its independence just as India did and despite its ill reputation for being a nation characterized by slave trade, it attained its freedom. Although there may be similarities with the freedom struggle in Asia, African nations were markedly showed more disrespect due to cultural attitudes of Europeans and the resistance in Africa was thus tough, forced, unplanned and all of a sudden. In fact some historians have considered the struggle for African independence as unplanned and done as an inspiration of Indian independence so without proper weighing of the advantages and disadvantages of such a struggle. This

LLB Company Law Coursework Example | Topics and Well Written Essays - 2500 words

LLB Company Law - Coursework Example In answering the questions of the case, the paper will first present a thorough view of the form of private limited companies in order to advise Emma. She will be told about the advantages and disadvantages of them, and why it should be opted over partnership. The second part of this paper will advise Chris and David on whether they can go against the articles written down in their Articles of Association. If they can, then how they can go about it and if not, then what other options and alternatives they have will be considered. Private limited companies are often compared with either partnership which is one step behind or public limited companies which are a step forward. This means that if there are two or more people starting a company, they can either opt for partnership or a private limited company. They can also form a public limited company directly but it is ideal and normal to move to a plc from a private limited. Companies are usually started as private limited and then are gone public or 'floated' (Bendrey et al, 2004). A private limited company or Ltd. is a form of organization which is a legal entity. It is not only a legal entity but a separate legal entity. This means that company is separate from the shareholders. In other words, the company exists in its own rights and not through the shareholder (Carysforth, 2004). This is further explained as the concept of Limited Liability which will be discussed in detail later. Furthermore, the owners of the company are also the shareholders of the company (Carysforth, 2004). This means that in order to become owners, shares of the company need to be owned. The amount of shares held in the company can change with time and so can the number of shareholders, with no limit to them (Carysforth, 2009). Shares are sold to raise capital in a Ltd. The name suggests that shares are only sold privately and are not listed on the stock exchange. In order for a company to become a private limited company, many different legal requirements have to be met. Each of the points mentioned above will be discussed in more detail in the following sections. Legal Requirements In setting up a private limited company, Emma, Chris and David must understand that there are more legal requirements than partnership and lesser requirements and paperwork than public limited companies. In becoming a private limited company, the following legal requirements have to be met (Carysforth, 2004): A Memorandum of Association which has details about the company - its name, address, owners, liability, activities, objectives, etc - and an Articles of Associations that establishes how the company will be run by the directors must be produced before a company can become a limited one. There must be at least two people starting the company. In the case of this salon, this requirement is met because there are three partners. However, what is important to understand is that each owner must own shares. They can also add more people as owners by selling shares to them. The specifications which also include the Articles and Memorandum of Associations must be registered with the Registrar of Companies. The Registrar ensures the complete formation

Analysis of the Precautionary Principle

Analysis of the Precautionary Principle Introduction The planet earth is presently being dominated by the human species. It is the wish and whim of the human beings that decides the fate of other life forms on the planet. The existence of life on earth, as we all know, presupposes balanced ecosystem and congenial environment. Though the human beings have established their superiority over other living creature they themselves are biologically very sensitive to the environmental changes and any minor deviation in the ecosystem is bound to affect them adversely. Human beings, having the basic animal instinct to protect themselves from the potential threats, have realised that their life is full of difficulties and risks. The urge to deal with the life threatening risks that they face has formed the basic condition of their survival. Owing to this the human race is constantly making sincere endeavour to make life more comfortable by minimising all possible threats to life. The advances in the field of science and technology have blessed us with many gadgets and devices that not only ease some hardship of life but are capable of avoiding or diminishing some most threatening risks of nature. There cannot be two views regarding beneficial effects of technological and scientific developments – the life expectancy has gone up significantly in recent years and the quality and comfort of life is scaling new height day-by-day, many deceases and hardships of human life now belong to history. Today the ability of human beings, to transform the natural characteristics of the earth, has reached a level that is not only alarming but dangerous too. We must consider the fact that man has acquired this enormous power to alter the ecological balance on this planet only within a century, thus giving rise to genuine doubt how long the nature will be able to tolerate the excessive interference resulting out of human activities? The population of human beings has increased at an unprecedented pace in recent past causing undue pressures on the limited natural resources. Some of these resources are depleting at an alarming rate and is reason for worry as they have been created by the natural process over millions of years. One example could be depletion of the natural non-renewable energy resources like coal, petroleum etc. One must bear in mind that mother earth treats all its children alike and therefore, it will not be justified to deprive the present and future generations of the nature’s bounties. â€Å" 1 † All living species have an inborn instinct to insure their progeny and to make provision for the welfare of their descendants. It is expected, therefore, that Homo sapiens will take the leading role in saving the earth for their future generations. Earlier, environmental policies at the national as well as international level were based on the concept that nature has capacity to absorb the ill effects of pollution and environmental degradation to a certain extent but, once the shock bearing threshold is breached, the pollution and environmental degradation may cause damage to the environment calling for remedial efforts. This is known as the concept of ‘assimilative capacity’ of nature. This concept is based upon the notion that nature has self curative mechanism and needs no intervention unless the pollution and imbalance caused by human activities breaches the permissible level. If we adhere to this concept, the role of environmental protection agencies will begin only when this upper limit of damage bearing capacity of the environment is breached. In the quest for developing, faster then fastest, many nations have ignored this threshold limit of the environment while harnessing their natural resources, building industries, big dams and townships without making provisions for adequate compensation for the erosion and damage caused to the environment. In such a scenario, one cannot depend solely upon the earth’s self purifying and self curative capacities. Especially when, the earth is loaded with nuclear and toxic waste; forest cover is depleting faster than ever; global warming has started showing ill effects; the virgin peaks of Mount Everest and the uninhabited lands of North and South poles have become littered by man; water pollution in rivers and seas is destroying the life of aquatic creature; acid rain and smog has become more rampant, an effective proactive strategy coupled with effective measures to check further degradation of the environment is the cry of the day. Such strategy and measures assume greater importance in those cases where the adverse impact of any activity upon the environment cannot be ascertained and predicted with certainty. Should precaution be taken anticipating harmful impact on environment and thereby halt the developmental activities or leave it to the nature to repair the damage using its limited assimilative capacity is the question to be answered. The precautionary principle guides us in such tricky situations. Since 1970s, the precautionary principle has become the underlined rationale for a number of international environmental treaties and declarations. It is evident that international community has shifted from the ‘principle of assimilative capacity’ to the ‘precautionary principle’ ratifying the old saying that precaution is better than cure. Origin of the Principle It is difficult to identify with certainty the origin of the principle. â€Å"The precautionary concept found its way into international law and policy as a result of German proposals made to the International North Sea Ministerial Conferences†. In Germany the precautionary principle had its beginnings in the principle of Vorsorge, or foresight. At the centre of early notions of this principle was the understanding that society should endeavour to avoid environmental damage by careful planning in advance, blocking the harmful activities having the potential to adversely affect the environment. Eventually â€Å"the Vorsorgeprinzip (precautionary principle) developed in the early 1970s into a fundamental principle of German environmental law and has been invoked to justify the implementation of vigorous policies to tackle acid rain, global warming, and North Sea pollution. It has also led to the development of a strong environmental industry in that country†. The concept was first enunciated by the German Federal Government in 1976 using the following words:- Environmental policy is not fully accomplished by warding off imminent hazards and the elimination of damage, which has occurred. Precautionary environmental policy requires further more that natural resources are protected and demands on them made with care. Subsequently the precautionary principle was invoked in the year 1984 at the First International Conference on Protection of the North Sea. Following this conference, the principle has been integrated into numerous international conventions and agreements. The North Sea Treaties (Bremen, 1984; London, 1987; Hague 1990; Esbjerg, 1995) are some of the early examples of international treaties where the precautionary principle has had a very prominent position. III. Meaning and Nature The precautionary principle aims to provide guidance in the development and framing of policies where there is scientific uncertainty. It continues to generate disagreement as to its meaning, ambit and objectives, as reflected in the views of scholars and international judicial practice. â€Å"On the one hand, some consider that it provides the basis for early international legal action to address highly threatening environmental issues. On the other hand, its opponents have decried the potential which the principle has for over regulation and limiting human activity. The core of the principle is still evolving†. The scope of the precautionary principle goes beyond the problems associated with a short or medium term approach to environmental risks. It encompasses the concern of longer run as well and ensures well-being of future generations. A decision to take measures without waiting until all the necessary scientific knowledge is available is a precautionary approach. In its most elementary form, the precautionary principle is a strategy to cope with scientific uncertainties in the assessment and management of risks. It is about the wisdom of action under uncertainty. â€Å"The precautionary principle is often seen as an integral principle of sustainable development that is development that meets the needs of the present without compromising the abilities of future generations to meet their needs. By safeguarding against natural resource base that might jeopardize the capacity of future generations to provide for their own needs, it builds on ethical notions of intra-and inter-generational equity†. The formulation of the precautionary principle in precisely and clearly expressed form, at the international level, can be found in the London Declaration of the Second International North Sea Conference. The Declaration states- .. In order to protect the North Sea from possibly damaging effects of the most dangerous substance, a precautionary approach is necessary which may require action to control inputs of such substances even before a casual link has been established by absolute clear scientific evidence. The Rio Declaration, 1992 ensured the global attention towards the precautionary principle by stating – In order to protect the environment, the precautionary approach shall be widely applied by states according to their capabilities. 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 protect environmental degradation. The convention on Biological Diversity, 1992 and the Convention on Climate Change, 1992 of the Rio-Conference echo the same spirit of precaution – â€Å"lack of full scientific certainty should not be used as a reason for postponing cost-effective measures†. Hence, lack of scientific certainty is no reason to postpone action to avoid potentially serious or irreversible harm to the environment. At the basis of the precautionary principle is the element of anticipation, reflecting a requirement of effective environmental measures based upon actions which forms a long-term strategy. The wingspread statement on the precautionary principle has summarised four components of the principle that should guide its implementation – Action to prevent harm despite uncertainty. Shifting the burden of proof of proponents of a potentially harmful activity. Examination of a full range of alternatives to potentially harmful activities, including no action. Democratic decision making to ensure, inclusion of those affected. The communication from the European Communities (EU) on the precautionary principle demands the applicability of the principle and explains its scope in the following words:- Although the precautionary principle is not explicitly mentioned in the Treaty except in the environmental field, its scope, is far wider and covers those specific circumstances where scientific evidence is insufficient, inconclusive, or uncertain and there are indications through preliminary objective scientific evaluation that there are reasonable grounds for concern that the potentially dangerous effects on the environment, human, animal or plant health may be inconsistent with the chosen level of protection. It is clear from the aforesaid formulations of the principle that there is no uniform acceptable principle of precaution. London Declaration, 1987 uses qualifying language such as ‘may require action’ and ‘before†¦ absolutely clear†¦. Evidence’. Rio Declaration, 1992 also includes qualifying language such as ‘according to their capabilities’ and ‘†¦postponing cost-effective measures’. EU communication 2000 requires intervention to maintain the high level of protection chosen by the EU. â€Å"The triple negative notion is the definition in the Rio Declaration; the absence of rigorous proof of danger does not justify inaction is rather weak: it forces the consideration of precautionary intervention but does not require such intervention. The definition in the EU communication on the other hand does require intervention to maintain the high level of protection chosen by the EU†. Despite of the fact that various formulations of the precautionary principle have used different words one can easily draw several common points as key elements of the principle. The common understanding of contents of the principle may be summarised as under:- Precautionary principle is applicable in cases where scientific uncertainties exist about the harm that is likely to be suffered in future. Some form of scientific analysis of the potential threat is mandatory as mere speculation is not enough to trigger the principle. Unqualified possibility is sufficient enough to consider the application of the principle. Application of the principle is limited to those hazards that are unacceptable. The principle requires interventions before possible harm occurs. Interventions should be proportional to the chosen level of protection and the magnitude of possible harm. V. Precautionary Principle and International Law There can not be slightest of doubts regarding recognition and existence of the precautionary principle in the fields of contemporary national and international laws. Its outlines, however, are far from clear from a legal point of view. Essentially, the precautionary principle is an appeal to prudence addressed to policy makers. The principle does not offer a predetermined solution to every new problem raised by scientific uncertainty. On the contrary, the precautionary principle is a guiding principle that provides helpful criteria for determining the most reasonable course of action in confronting situations of potential environmental risk. Whether precautionary principle is a legally binding principle in customary international law and national law rather than a guiding principle only is a difficult question to answer. It is generally understood that declarations of principles are not traditional sources of international law and therefore, not binding for the member states of the organisation that adopted them. Such international texts do not have the same legal force as international treaties and conventions. Strictly speaking, declarations of principles are nothing more than ‘recommendations’, without binding force. Despite of this fact one cannot undermine the legal relevance of such declarations. Even though they are not considered as sources of international law, they are legitimately capable of generating norms. Declaration of principles, though not binding, can influence the elaboration, interpretation and application of international laws of member states of the international organisations that conceived or endorsed the declarations. One cannot underestimate the influence that general principles exert on legal formulation, be it in the international context or in the internal legislation and jurisprudence of countries. In spite of not being obligatory and binding, principles of law constitute important tools for the crystallization of new concepts and values. Article 38 of the Statute of the International Court of Justice provides that the International Court of Justice, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply amongst other the ‘general principles of law recognised by civilised nations’. Thus, the general principles of law are also sources of international law. Therefore, it seems incontestable that among the principles emanating from international declarations, the Precautionary Principle is legally relevant and cannot be disregarded, either by the countries in the international order, or by legislators, policy makers and courts in the domestic sphere. From the moment when the Precautionary Principle is recognised as an element of international law, it also becomes part of the general principles of environmental law, with undisputed legitimacy in guiding the interpretation and application of all legal norms in force. â€Å"The Precautionary Principle is frequently introduced in framework conventions. Although this strategy is widely used in international environmental law, it is merely a first step in elaborating more precise rules at the international level fleshing out that principle. Furthermore, in a number of international agreements, the Precautionary Principle† worded in such a way that it is deprived of immediate and autonomous applicability. Use of terms such as ‘form a basis for’, ‘in spite’, ‘endeavour’, etc. imply that the principle is merely intended to prepare states to implement their international obligations. Only the repeated use of state practice and consistent opinio juris are likely to transform precaution into a customary norm†. The Principle of precaution has found only limited judicial support so far in international law, this despite many commentators arguing that it has reached the status of a principles of customary international law. In the case of New Zealand v. France, the right of France to carryout nuclear tests in the South Pacific was challenged. The opinion of Weeramantry, J. in this case suggests that the Precautionary Principle is ‘gaining increasing support as part of the international law of the environment’. The principle should be used where there is insufficient material before the court to justify action, even if this means acting ahead of ‘full scientific evidence’. This opinion, however, was a dissent, and it is worth comparing a more, recent example where the Precautionary Principle has featured in international trade disputes. The US and Canada brought a dispute settlement case before the World Trade Organisation (WTO) against the EC, which in 1989 had banned the import of beef fed with growth hormones on the grounds that it was not safe for human health to eat such meat. The EC argued that its import ban was justified in the light of the Precautionary Principle, which is presented as a binding rule of international law. The USA and Canada denied that the principle already had such a status. The WTO found that the EC import ban violated WTO law, although the EC has continued to impose its ban and has been forced by the WTO to compensate Canada and the US for lost trade. VI. Status in India In India there are lots of environmental regulations, but most environmental regulations, like the Water (Protection and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 are aimed at cleaning up pollution and controlling the amounts of it release into the environment. They regulate the harmful substances as they are emitted rather than limiting their use or production in the first place. These laws are based on the assumption that humans and ecosystems can absorb a certain amount of contamination without being harmed. But the past experience shows that it is very difficult to know what levels of contamination, if any, are safe and therefore, it is better to err on the side of caution while dealing with the environment. The Indian Supreme Court has accepted in Vellore case that the Precautionary Principle is part of the environmental law of the country. The Court explained the ‘Precautionary Principle† in the context of the municipal law as under:- Environmental measures – by the State Government and statutory authorities – must anticipate, prevent and attach the causes of environmental degradation. Where there are threats of serious and irreversible damage, lack of scientific certainty should not be used as a reason for postponing measures to prevent environment degradation. The ‘onus of proof’ is on the actor or the developer/industrialist to show that his action is environmentally benign. In Taj case the Supreme Court was dealing with the problem of protecting the ‘Taj Mahal’ from the pollution of nearby industries. The Court applied the ‘Precautionary Principle’ as explained by it in Vellore Case and observed- [T]he environmental measures must anticipate, prevent and attack the causes of environmental degradation. The ‘onus of proof’ is on an industry to show that its operation with the aid of coke/coal is environmentally benign. It is rather, proved beyond doubt that the emissions generated by the use of coke/coal by the industries in TTZ are the main polluters of the ambient air. The Court ordered the industries to change-over to the natural gas as an industrial-fuel or stop functioning with the aid of coke/coal in the Taj trapezium and relocate themselves as per the direction of the Court. The ‘Precautionary Principle’ has been invoked by the Supreme Court in various cases while deciding environmental issues. In Calcutta tanneries Case the Court ordered the polluting tanneries operating in the city of Calcutta (about 550 in number) to relocate themselves from their present location and shift to the new leather complex set up by the West Bengal Government. In Badkhal Surajkund Lakes Cases the Supreme Court held that the ‘Precautionary Principle’ made it mandatory for the State Government to anticipate, prevent and attack the causes of environment degradation. The Court had no hesitation in holding that in order to protect the two lakes from environmental degradation it was necessary to limit the construction activity in the close v icinity of the lakes. Even though the Vellore judgment was followed in the subsequent decision of the Supreme Court, the Court felt the need to explain the meaning of the Precautionary Principle in more detail and lucid manner so that Courts and tribunals or environmental authorities can properly apply the said principle in the matters which might come before them. In A.P. Pollution Control Board v. Prof. M.V. Nayudu, tracing the evolution of precautionary principle the Court observed – Earlier, the concept was based on the ‘assimilative capacity’ rule as revealed from Principle 6 of the Stockholm Declaration of the U.N. Conference on Human Environment, 1972. The said principle assumed that science could provide policy-makers with the information and means necessary to avoid encroaching upon the capacity of the environmental harm was presumed that relevant technical expertise would be available when environmental harm was predicted and there would be sufficient time to act in order to avoid such harm. But in the 11th Principle of the U.N. General Assembly Resolution on World Charter for Nature, 1982, the emphasis shifted to the ‘Precautionary Principle’, and this was reiterated in the Rio Conference of 1992 in its Principle 15. Explaining the cause for the emergence of ‘Precautionary Principle’ the Court referred Charmian Barton, who argued â€Å" it makes sense to err on the side of caution and prevent activities that may cause serious or irreversible harm†. The Court opined that the inadequacies of science was the real basis that had led to the Precautionary Principle. It was based on the theory that it is better to err on the side of caution and prevent environmental harm which may indeed become irreversible. The principle of precaution involved the anticipation of environmental harm and taking measures to avoid it or to choose the least environmentally harmful activity. The Court adopted the view that ‘Environmental Protection should not only aim at protecting health, property and economic interest but also protect the environment for its own sake. Precautionary duties must not only be triggered by the suspicion of concrete danger but also by justified concern or risk potential†. The concept of burden of proof in environmental cases recognised in Vellore Case that ‘the onus of proof’ is on the actor or the developer/industrialist to show that his action is environmentally benign†, was further elaborated by the Supreme Court in the Nayudu case, M. Jagannadha Rao, J. noticed, while the inadequacies of science had led to the ‘Precautionary Principle’, the said principle in its turn led to the special principle of burden of proof in environmental cases where burden as to the absence of injurious effect of the actions proposed, was placed on those who wanted to change the status quo. This is often termed as a reversal of burden of proof, because otherwise, those opposing the change would be compelled to shoulder the evidentiary burden, a procedure which is not fair. Therefore, the Court observed, â€Å"it is necessary that the party who wants to alter it, must bear this burden†. The Supreme Court favours the view that if the environmental risks being run by regulatory inaction are in some way ‘uncertain but non-negligible’, then regulatory action is justified. According to the Court- In such a situation, the burden of proof is to be placed on those attempting to alter the status quo. They are to discharge this burden by showing the absence of a ‘reasonable ecological or medical concern’. That is the required standard of proof. The result would be that if insufficient evidence is presented by them to alleviate concern about the level of uncertainty, then the presumption should operate in favour of environmental protection. In Narmadda Bachao Andolan v. Union of India, the Supreme Court decided the issues relating to construction of dam on Narmada river which was a part of the Sardar Sarovar Project. Explaining the new concept of burden of proof the Court held that the ‘Precautionary Principle’ and the corresponding burden of proof on the person who wants to change the status quo will ordinarily apply in a case of polluting or other project or industry where the extent of damage likely to be inflicted is unknown. Where the effect on ecology of environment of setting up of an industry is known, the Court held- What has to be seen is that if the environment is likely to suffer, then what mitigative steps can be taken to off set the same. Merely because there will be a change is no reason to presume that there will be ecological disaster. It is when the effect of the project is known then the principle of sustainable development would come into play which will ensure that mitigative steps are and can be taken to preserve the ecological balance. The Court concluded, what was the impact on environment with the construction of a dam was well known in India, the dam was neither a nuclear establishment nor a polluting industry, therefore, the decision in A.P. Pollution Control Board’s Case would have no application in this case. Despite of the fact that the Court refused to apply ‘Precautionary Principle’ in this case as the impact on environment was known as could have been mitigated, in subsequent decisions of the Supreme Court one may find strict adherence to the Precautionary Principle and the new concept of onus of proof. To give effect to the Precautionary Principle, Government of India, published a Notification, which states that â€Å"the expansion or modernization of any existing industry or new projects listed in schedule I or Schedule II shall not be undertaken in any part of India, unless it has been accorded environmental clearance by the Central Government, or as the case may be, the State Government concerned in accordance with the procedure hereinafter specified in this notification†. The notification tries to achieve the objective that certain development projects should be carried on within the carrying capacity of the ecosystems, which will otherwise come under stress, so as to ensure that developmental activity takes place in harmony with the environment. This is possible only by careful assessment of a project proposed to be located in any area, on the basis of an Environmental Impact Assessment (EIA) of each project and the necessary Environment Management plan for the prevention, elimination or mitigation of the adverse impact on the environment, right from the very inception of the project. VII. Conclusion The Precautionary Principle, being a principle does not set forth absolute obligations. It simply establishes a policy for implementation by other regulatory means. Its relevance, however, would be in the development of a cluster of norms relating to procedural rules. These would include norms such as those requiring prior environmental impact assessment, the duty to warn or notify others, the duty to mitigate and assist in emergencies, as well as access to information. The emergence of the Precautionary Principle has permanently changed the face of international environmental law and policy. The challenge of implementing the Precautionary Principle while retaining the strength of its original vision is still posing difficult questions before the policy makers. Nevertheless it is well established that Precautionary Principle is an important principle of international environmental law and is gaining strength day by day. Besides being part of several international treaties and declarations the principle has been given place in the body of the national law of many countries. India has recognised and adopted the Precautionary Principle being party to many international declarations and conventions. The EIA notification of the Government of India, Ministry of Environment and Forests established the principle as part and parcel of the legal framework in India. Many pronouncements of the Supreme Court of India, to begin with the Vellore case, have strengthened and incorporated the international environmental law principle into the municipal law. The Apex Court in India has accepted the principle as part of the concept of sustainable development and has applied the principle several times in order to save environment and to give force to ratio of the judgment. We may therefore, draw inference that the Precautionary Principle has got a status of well recognised legal principle in India. Analysis of the Precautionary Principle Analysis of the Precautionary Principle Introduction The planet earth is presently being dominated by the human species. It is the wish and whim of the human beings that decides the fate of other life forms on the planet. The existence of life on earth, as we all know, presupposes balanced ecosystem and congenial environment. Though the human beings have established their superiority over other living creature they themselves are biologically very sensitive to the environmental changes and any minor deviation in the ecosystem is bound to affect them adversely. Human beings, having the basic animal instinct to protect themselves from the potential threats, have realised that their life is full of difficulties and risks. The urge to deal with the life threatening risks that they face has formed the basic condition of their survival. Owing to this the human race is constantly making sincere endeavour to make life more comfortable by minimising all possible threats to life. The advances in the field of science and technology have blessed us with many gadgets and devices that not only ease some hardship of life but are capable of avoiding or diminishing some most threatening risks of nature. There cannot be two views regarding beneficial effects of technological and scientific developments – the life expectancy has gone up significantly in recent years and the quality and comfort of life is scaling new height day-by-day, many deceases and hardships of human life now belong to history. Today the ability of human beings, to transform the natural characteristics of the earth, has reached a level that is not only alarming but dangerous too. We must consider the fact that man has acquired this enormous power to alter the ecological balance on this planet only within a century, thus giving rise to genuine doubt how long the nature will be able to tolerate the excessive interference resulting out of human activities? The population of human beings has increased at an unprecedented pace in recent past causing undue pressures on the limited natural resources. Some of these resources are depleting at an alarming rate and is reason for worry as they have been created by the natural process over millions of years. One example could be depletion of the natural non-renewable energy resources like coal, petroleum etc. One must bear in mind that mother earth treats all its children alike and therefore, it will not be justified to deprive the present and future generations of the nature’s bounties. â€Å" 1 † All living species have an inborn instinct to insure their progeny and to make provision for the welfare of their descendants. It is expected, therefore, that Homo sapiens will take the leading role in saving the earth for their future generations. Earlier, environmental policies at the national as well as international level were based on the concept that nature has capacity to absorb the ill effects of pollution and environmental degradation to a certain extent but, once the shock bearing threshold is breached, the pollution and environmental degradation may cause damage to the environment calling for remedial efforts. This is known as the concept of ‘assimilative capacity’ of nature. This concept is based upon the notion that nature has self curative mechanism and needs no intervention unless the pollution and imbalance caused by human activities breaches the permissible level. If we adhere to this concept, the role of environmental protection agencies will begin only when this upper limit of damage bearing capacity of the environment is breached. In the quest for developing, faster then fastest, many nations have ignored this threshold limit of the environment while harnessing their natural resources, building industries, big dams and townships without making provisions for adequate compensation for the erosion and damage caused to the environment. In such a scenario, one cannot depend solely upon the earth’s self purifying and self curative capacities. Especially when, the earth is loaded with nuclear and toxic waste; forest cover is depleting faster than ever; global warming has started showing ill effects; the virgin peaks of Mount Everest and the uninhabited lands of North and South poles have become littered by man; water pollution in rivers and seas is destroying the life of aquatic creature; acid rain and smog has become more rampant, an effective proactive strategy coupled with effective measures to check further degradation of the environment is the cry of the day. Such strategy and measures assume greater importance in those cases where the adverse impact of any activity upon the environment cannot be ascertained and predicted with certainty. Should precaution be taken anticipating harmful impact on environment and thereby halt the developmental activities or leave it to the nature to repair the damage using its limited assimilative capacity is the question to be answered. The precautionary principle guides us in such tricky situations. Since 1970s, the precautionary principle has become the underlined rationale for a number of international environmental treaties and declarations. It is evident that international community has shifted from the ‘principle of assimilative capacity’ to the ‘precautionary principle’ ratifying the old saying that precaution is better than cure. Origin of the Principle It is difficult to identify with certainty the origin of the principle. â€Å"The precautionary concept found its way into international law and policy as a result of German proposals made to the International North Sea Ministerial Conferences†. In Germany the precautionary principle had its beginnings in the principle of Vorsorge, or foresight. At the centre of early notions of this principle was the understanding that society should endeavour to avoid environmental damage by careful planning in advance, blocking the harmful activities having the potential to adversely affect the environment. Eventually â€Å"the Vorsorgeprinzip (precautionary principle) developed in the early 1970s into a fundamental principle of German environmental law and has been invoked to justify the implementation of vigorous policies to tackle acid rain, global warming, and North Sea pollution. It has also led to the development of a strong environmental industry in that country†. The concept was first enunciated by the German Federal Government in 1976 using the following words:- Environmental policy is not fully accomplished by warding off imminent hazards and the elimination of damage, which has occurred. Precautionary environmental policy requires further more that natural resources are protected and demands on them made with care. Subsequently the precautionary principle was invoked in the year 1984 at the First International Conference on Protection of the North Sea. Following this conference, the principle has been integrated into numerous international conventions and agreements. The North Sea Treaties (Bremen, 1984; London, 1987; Hague 1990; Esbjerg, 1995) are some of the early examples of international treaties where the precautionary principle has had a very prominent position. III. Meaning and Nature The precautionary principle aims to provide guidance in the development and framing of policies where there is scientific uncertainty. It continues to generate disagreement as to its meaning, ambit and objectives, as reflected in the views of scholars and international judicial practice. â€Å"On the one hand, some consider that it provides the basis for early international legal action to address highly threatening environmental issues. On the other hand, its opponents have decried the potential which the principle has for over regulation and limiting human activity. The core of the principle is still evolving†. The scope of the precautionary principle goes beyond the problems associated with a short or medium term approach to environmental risks. It encompasses the concern of longer run as well and ensures well-being of future generations. A decision to take measures without waiting until all the necessary scientific knowledge is available is a precautionary approach. In its most elementary form, the precautionary principle is a strategy to cope with scientific uncertainties in the assessment and management of risks. It is about the wisdom of action under uncertainty. â€Å"The precautionary principle is often seen as an integral principle of sustainable development that is development that meets the needs of the present without compromising the abilities of future generations to meet their needs. By safeguarding against natural resource base that might jeopardize the capacity of future generations to provide for their own needs, it builds on ethical notions of intra-and inter-generational equity†. The formulation of the precautionary principle in precisely and clearly expressed form, at the international level, can be found in the London Declaration of the Second International North Sea Conference. The Declaration states- .. In order to protect the North Sea from possibly damaging effects of the most dangerous substance, a precautionary approach is necessary which may require action to control inputs of such substances even before a casual link has been established by absolute clear scientific evidence. The Rio Declaration, 1992 ensured the global attention towards the precautionary principle by stating – In order to protect the environment, the precautionary approach shall be widely applied by states according to their capabilities. 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 protect environmental degradation. The convention on Biological Diversity, 1992 and the Convention on Climate Change, 1992 of the Rio-Conference echo the same spirit of precaution – â€Å"lack of full scientific certainty should not be used as a reason for postponing cost-effective measures†. Hence, lack of scientific certainty is no reason to postpone action to avoid potentially serious or irreversible harm to the environment. At the basis of the precautionary principle is the element of anticipation, reflecting a requirement of effective environmental measures based upon actions which forms a long-term strategy. The wingspread statement on the precautionary principle has summarised four components of the principle that should guide its implementation – Action to prevent harm despite uncertainty. Shifting the burden of proof of proponents of a potentially harmful activity. Examination of a full range of alternatives to potentially harmful activities, including no action. Democratic decision making to ensure, inclusion of those affected. The communication from the European Communities (EU) on the precautionary principle demands the applicability of the principle and explains its scope in the following words:- Although the precautionary principle is not explicitly mentioned in the Treaty except in the environmental field, its scope, is far wider and covers those specific circumstances where scientific evidence is insufficient, inconclusive, or uncertain and there are indications through preliminary objective scientific evaluation that there are reasonable grounds for concern that the potentially dangerous effects on the environment, human, animal or plant health may be inconsistent with the chosen level of protection. It is clear from the aforesaid formulations of the principle that there is no uniform acceptable principle of precaution. London Declaration, 1987 uses qualifying language such as ‘may require action’ and ‘before†¦ absolutely clear†¦. Evidence’. Rio Declaration, 1992 also includes qualifying language such as ‘according to their capabilities’ and ‘†¦postponing cost-effective measures’. EU communication 2000 requires intervention to maintain the high level of protection chosen by the EU. â€Å"The triple negative notion is the definition in the Rio Declaration; the absence of rigorous proof of danger does not justify inaction is rather weak: it forces the consideration of precautionary intervention but does not require such intervention. The definition in the EU communication on the other hand does require intervention to maintain the high level of protection chosen by the EU†. Despite of the fact that various formulations of the precautionary principle have used different words one can easily draw several common points as key elements of the principle. The common understanding of contents of the principle may be summarised as under:- Precautionary principle is applicable in cases where scientific uncertainties exist about the harm that is likely to be suffered in future. Some form of scientific analysis of the potential threat is mandatory as mere speculation is not enough to trigger the principle. Unqualified possibility is sufficient enough to consider the application of the principle. Application of the principle is limited to those hazards that are unacceptable. The principle requires interventions before possible harm occurs. Interventions should be proportional to the chosen level of protection and the magnitude of possible harm. V. Precautionary Principle and International Law There can not be slightest of doubts regarding recognition and existence of the precautionary principle in the fields of contemporary national and international laws. Its outlines, however, are far from clear from a legal point of view. Essentially, the precautionary principle is an appeal to prudence addressed to policy makers. The principle does not offer a predetermined solution to every new problem raised by scientific uncertainty. On the contrary, the precautionary principle is a guiding principle that provides helpful criteria for determining the most reasonable course of action in confronting situations of potential environmental risk. Whether precautionary principle is a legally binding principle in customary international law and national law rather than a guiding principle only is a difficult question to answer. It is generally understood that declarations of principles are not traditional sources of international law and therefore, not binding for the member states of the organisation that adopted them. Such international texts do not have the same legal force as international treaties and conventions. Strictly speaking, declarations of principles are nothing more than ‘recommendations’, without binding force. Despite of this fact one cannot undermine the legal relevance of such declarations. Even though they are not considered as sources of international law, they are legitimately capable of generating norms. Declaration of principles, though not binding, can influence the elaboration, interpretation and application of international laws of member states of the international organisations that conceived or endorsed the declarations. One cannot underestimate the influence that general principles exert on legal formulation, be it in the international context or in the internal legislation and jurisprudence of countries. In spite of not being obligatory and binding, principles of law constitute important tools for the crystallization of new concepts and values. Article 38 of the Statute of the International Court of Justice provides that the International Court of Justice, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply amongst other the ‘general principles of law recognised by civilised nations’. Thus, the general principles of law are also sources of international law. Therefore, it seems incontestable that among the principles emanating from international declarations, the Precautionary Principle is legally relevant and cannot be disregarded, either by the countries in the international order, or by legislators, policy makers and courts in the domestic sphere. From the moment when the Precautionary Principle is recognised as an element of international law, it also becomes part of the general principles of environmental law, with undisputed legitimacy in guiding the interpretation and application of all legal norms in force. â€Å"The Precautionary Principle is frequently introduced in framework conventions. Although this strategy is widely used in international environmental law, it is merely a first step in elaborating more precise rules at the international level fleshing out that principle. Furthermore, in a number of international agreements, the Precautionary Principle† worded in such a way that it is deprived of immediate and autonomous applicability. Use of terms such as ‘form a basis for’, ‘in spite’, ‘endeavour’, etc. imply that the principle is merely intended to prepare states to implement their international obligations. Only the repeated use of state practice and consistent opinio juris are likely to transform precaution into a customary norm†. The Principle of precaution has found only limited judicial support so far in international law, this despite many commentators arguing that it has reached the status of a principles of customary international law. In the case of New Zealand v. France, the right of France to carryout nuclear tests in the South Pacific was challenged. The opinion of Weeramantry, J. in this case suggests that the Precautionary Principle is ‘gaining increasing support as part of the international law of the environment’. The principle should be used where there is insufficient material before the court to justify action, even if this means acting ahead of ‘full scientific evidence’. This opinion, however, was a dissent, and it is worth comparing a more, recent example where the Precautionary Principle has featured in international trade disputes. The US and Canada brought a dispute settlement case before the World Trade Organisation (WTO) against the EC, which in 1989 had banned the import of beef fed with growth hormones on the grounds that it was not safe for human health to eat such meat. The EC argued that its import ban was justified in the light of the Precautionary Principle, which is presented as a binding rule of international law. The USA and Canada denied that the principle already had such a status. The WTO found that the EC import ban violated WTO law, although the EC has continued to impose its ban and has been forced by the WTO to compensate Canada and the US for lost trade. VI. Status in India In India there are lots of environmental regulations, but most environmental regulations, like the Water (Protection and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 are aimed at cleaning up pollution and controlling the amounts of it release into the environment. They regulate the harmful substances as they are emitted rather than limiting their use or production in the first place. These laws are based on the assumption that humans and ecosystems can absorb a certain amount of contamination without being harmed. But the past experience shows that it is very difficult to know what levels of contamination, if any, are safe and therefore, it is better to err on the side of caution while dealing with the environment. The Indian Supreme Court has accepted in Vellore case that the Precautionary Principle is part of the environmental law of the country. The Court explained the ‘Precautionary Principle† in the context of the municipal law as under:- Environmental measures – by the State Government and statutory authorities – must anticipate, prevent and attach the causes of environmental degradation. Where there are threats of serious and irreversible damage, lack of scientific certainty should not be used as a reason for postponing measures to prevent environment degradation. The ‘onus of proof’ is on the actor or the developer/industrialist to show that his action is environmentally benign. In Taj case the Supreme Court was dealing with the problem of protecting the ‘Taj Mahal’ from the pollution of nearby industries. The Court applied the ‘Precautionary Principle’ as explained by it in Vellore Case and observed- [T]he environmental measures must anticipate, prevent and attack the causes of environmental degradation. The ‘onus of proof’ is on an industry to show that its operation with the aid of coke/coal is environmentally benign. It is rather, proved beyond doubt that the emissions generated by the use of coke/coal by the industries in TTZ are the main polluters of the ambient air. The Court ordered the industries to change-over to the natural gas as an industrial-fuel or stop functioning with the aid of coke/coal in the Taj trapezium and relocate themselves as per the direction of the Court. The ‘Precautionary Principle’ has been invoked by the Supreme Court in various cases while deciding environmental issues. In Calcutta tanneries Case the Court ordered the polluting tanneries operating in the city of Calcutta (about 550 in number) to relocate themselves from their present location and shift to the new leather complex set up by the West Bengal Government. In Badkhal Surajkund Lakes Cases the Supreme Court held that the ‘Precautionary Principle’ made it mandatory for the State Government to anticipate, prevent and attack the causes of environment degradation. The Court had no hesitation in holding that in order to protect the two lakes from environmental degradation it was necessary to limit the construction activity in the close v icinity of the lakes. Even though the Vellore judgment was followed in the subsequent decision of the Supreme Court, the Court felt the need to explain the meaning of the Precautionary Principle in more detail and lucid manner so that Courts and tribunals or environmental authorities can properly apply the said principle in the matters which might come before them. In A.P. Pollution Control Board v. Prof. M.V. Nayudu, tracing the evolution of precautionary principle the Court observed – Earlier, the concept was based on the ‘assimilative capacity’ rule as revealed from Principle 6 of the Stockholm Declaration of the U.N. Conference on Human Environment, 1972. The said principle assumed that science could provide policy-makers with the information and means necessary to avoid encroaching upon the capacity of the environmental harm was presumed that relevant technical expertise would be available when environmental harm was predicted and there would be sufficient time to act in order to avoid such harm. But in the 11th Principle of the U.N. General Assembly Resolution on World Charter for Nature, 1982, the emphasis shifted to the ‘Precautionary Principle’, and this was reiterated in the Rio Conference of 1992 in its Principle 15. Explaining the cause for the emergence of ‘Precautionary Principle’ the Court referred Charmian Barton, who argued â€Å" it makes sense to err on the side of caution and prevent activities that may cause serious or irreversible harm†. The Court opined that the inadequacies of science was the real basis that had led to the Precautionary Principle. It was based on the theory that it is better to err on the side of caution and prevent environmental harm which may indeed become irreversible. The principle of precaution involved the anticipation of environmental harm and taking measures to avoid it or to choose the least environmentally harmful activity. The Court adopted the view that ‘Environmental Protection should not only aim at protecting health, property and economic interest but also protect the environment for its own sake. Precautionary duties must not only be triggered by the suspicion of concrete danger but also by justified concern or risk potential†. The concept of burden of proof in environmental cases recognised in Vellore Case that ‘the onus of proof’ is on the actor or the developer/industrialist to show that his action is environmentally benign†, was further elaborated by the Supreme Court in the Nayudu case, M. Jagannadha Rao, J. noticed, while the inadequacies of science had led to the ‘Precautionary Principle’, the said principle in its turn led to the special principle of burden of proof in environmental cases where burden as to the absence of injurious effect of the actions proposed, was placed on those who wanted to change the status quo. This is often termed as a reversal of burden of proof, because otherwise, those opposing the change would be compelled to shoulder the evidentiary burden, a procedure which is not fair. Therefore, the Court observed, â€Å"it is necessary that the party who wants to alter it, must bear this burden†. The Supreme Court favours the view that if the environmental risks being run by regulatory inaction are in some way ‘uncertain but non-negligible’, then regulatory action is justified. According to the Court- In such a situation, the burden of proof is to be placed on those attempting to alter the status quo. They are to discharge this burden by showing the absence of a ‘reasonable ecological or medical concern’. That is the required standard of proof. The result would be that if insufficient evidence is presented by them to alleviate concern about the level of uncertainty, then the presumption should operate in favour of environmental protection. In Narmadda Bachao Andolan v. Union of India, the Supreme Court decided the issues relating to construction of dam on Narmada river which was a part of the Sardar Sarovar Project. Explaining the new concept of burden of proof the Court held that the ‘Precautionary Principle’ and the corresponding burden of proof on the person who wants to change the status quo will ordinarily apply in a case of polluting or other project or industry where the extent of damage likely to be inflicted is unknown. Where the effect on ecology of environment of setting up of an industry is known, the Court held- What has to be seen is that if the environment is likely to suffer, then what mitigative steps can be taken to off set the same. Merely because there will be a change is no reason to presume that there will be ecological disaster. It is when the effect of the project is known then the principle of sustainable development would come into play which will ensure that mitigative steps are and can be taken to preserve the ecological balance. The Court concluded, what was the impact on environment with the construction of a dam was well known in India, the dam was neither a nuclear establishment nor a polluting industry, therefore, the decision in A.P. Pollution Control Board’s Case would have no application in this case. Despite of the fact that the Court refused to apply ‘Precautionary Principle’ in this case as the impact on environment was known as could have been mitigated, in subsequent decisions of the Supreme Court one may find strict adherence to the Precautionary Principle and the new concept of onus of proof. To give effect to the Precautionary Principle, Government of India, published a Notification, which states that â€Å"the expansion or modernization of any existing industry or new projects listed in schedule I or Schedule II shall not be undertaken in any part of India, unless it has been accorded environmental clearance by the Central Government, or as the case may be, the State Government concerned in accordance with the procedure hereinafter specified in this notification†. The notification tries to achieve the objective that certain development projects should be carried on within the carrying capacity of the ecosystems, which will otherwise come under stress, so as to ensure that developmental activity takes place in harmony with the environment. This is possible only by careful assessment of a project proposed to be located in any area, on the basis of an Environmental Impact Assessment (EIA) of each project and the necessary Environment Management plan for the prevention, elimination or mitigation of the adverse impact on the environment, right from the very inception of the project. VII. Conclusion The Precautionary Principle, being a principle does not set forth absolute obligations. It simply establishes a policy for implementation by other regulatory means. Its relevance, however, would be in the development of a cluster of norms relating to procedural rules. These would include norms such as those requiring prior environmental impact assessment, the duty to warn or notify others, the duty to mitigate and assist in emergencies, as well as access to information. The emergence of the Precautionary Principle has permanently changed the face of international environmental law and policy. The challenge of implementing the Precautionary Principle while retaining the strength of its original vision is still posing difficult questions before the policy makers. Nevertheless it is well established that Precautionary Principle is an important principle of international environmental law and is gaining strength day by day. Besides being part of several international treaties and declarations the principle has been given place in the body of the national law of many countries. India has recognised and adopted the Precautionary Principle being party to many international declarations and conventions. The EIA notification of the Government of India, Ministry of Environment and Forests established the principle as part and parcel of the legal framework in India. Many pronouncements of the Supreme Court of India, to begin with the Vellore case, have strengthened and incorporated the international environmental law principle into the municipal law. The Apex Court in India has accepted the principle as part of the concept of sustainable development and has applied the principle several times in order to save environment and to give force to ratio of the judgment. We may therefore, draw inference that the Precautionary Principle has got a status of well recognised legal principle in India.

The Great Gatsby Essay -- English Literature Essays

Texts can be valued and appreciated for numerous reasons, and this is particularly apparent in F. Scott Fitzgerald’s novel, The Great Gatsby. The novel is a great part of 20th century literature and is valued for the themes and ideas which Fitzgerald presents, such as the importance of dreams in peoples’ lives, the myth that is the ‘American Dream’, Fitzgerald’s perspective of 1920’s life, and the style in which he portrays his ideas. It is also valued simply as a love story – as an entertaining narrative. In The Great Gatsby, dreams and their importance play a major part in the plot and underlying themes. It is seen that Gatsby himself presents this idea the most; this is because Gatsby is different to all the other characters in the novel as he actually has a dream – to â€Å"improve himself† which he hopes will eventually win back Daisy’s love. â€Å"†¦ An extraordinary gift for hope, a romantic readiness such as I have never found in any other person†¦Ã¢â‚¬  The reader learns that Gatsby has had dreams and ambitions his entire life, while his parents had none; Gatsby was not fond of this characteristic found in his parents. His goals and aspirations made him who he was and he realised that he was different to his parents in this way. He left his home, his mother and father at a young age and was described as a â€Å"son of God.† Gatsby disconnected himself from his parents and created his own identity as God created people. Gatsby’s dream is symbolised by the green light on the end of Daisy’s dock, across the river from his house, and represents his desire for Daisy. Nick (narrator the story) admires this quality in Gatsby and excuses all his faults because of his hopes and dreams. In the end, Gatsby dies in pursuit of his dreams and Nick says, â€Å"No – Gatsby turned out alright at the end; it was what prayed on Gatsby, what foul dust floated in the wake of his dreams.† Nick, unlike the other characters, doesn’t have any goals or aspirations. He doesn’t have high expectations, and is comfortable with the way he lives his life. However, the other characters, Jordan, Daisy, Tom and Myrtle, are not happy with what they already have, and only have goals that are short-term, and are often self-centered and concerned with money. The people attending Gatsby’s parties also appear to be materialistic and without ambitions. They go through life without directions or dre... ...urning to him. The light at the end of her dock reassures him that she is till close to him, and his house lights represent his attempt to attract her. His lights are only turned off after their first kiss, when he is comfortable that he has her back, and when he is dead. Wolfsheim’s human molar cufflinks represent an increasingly materialistic and unfeeling society. Yet this text should be simply enjoyed as a love story – as an entertaining narrative. The story of Gatsby’s attempts to win the love of Daisy is representative of the writing styles during the 1920’s, and is valued for this insight. The tale of a man loving a woman and dieing in the quest for her love appeals to readers on an emotional level. The numerous themes and ideas that F. Scott Fitzgerald presents in The Great Gatsby are valued in many ways. He shows that dreams should be important in peoples’ lives, and that everyone should have a goal in life. He also displays the corrupt nature of the American Dream in the 1920’s, and how society’s social classes and racist views will never result to equality in America. This perspective of 20th century life and Fitzgerald’s style are also appreciated and valued.

Analysis of Julia Alvarez’s In the Time of the Butterflies

In history, we are given continuous documents that consist of only facts. Facts are pleasant, but facts cover only general Ideas that are given. History texts completely Ignore and are too blind to concluded what Is behind the facts, the emotions of those who have level/experienced those specific events. Not only that, but by only allowing people to understand one side of a story logically or emotionally is bias and creates a single story. Creating a single story would be unbalancing because it allows people to only understand things through one perspective, and the importance of perspective is very vital.By including more than Just the facts [emotions] will allow readers to have a better understanding of the significance of how emotions can impact and change an entire logos based document. Authors have motives to tell stones, and In the process of doing so, being able to do It In a creative way. But, by only including those basic things that they already know [logos] Is uncreative, and this would make them Just Like those who have written historical documents. If these authors Introduce a wider Idea, that would make them creative.One author, Julia Olivarez has achieved in doing so, in her book, â€Å"In the Time f The Butterflies. † Julia Olivarez introduces this idea of how fiction is her way of understanding history when attempting to recreate the story of the Miramar sisters. When Julia Olivarez creates her novel, she says, â€Å"l wanted to immerse my readers in an epoch in the life of the Dominican Republic that I believe can only finally be understood by fiction, only finally be redeemed by the imagination†(IPPP).As Julia Olivarez states this, we can get a visual of her motive as an author, being able to recreate history, but by using her imagination to allow readers to understand beyond the facts that are given. She continues to say how, â€Å"In historical fiction, truth Is often based on emotional validity rather than factual reality. à ¢â‚¬  Julia strives to create her novel with â€Å"truth† that consists of â€Å"emotional validity' rather than keeping her novel â€Å"factual† Like any other historical document. She attempts to expand her novel In ways that not only will be educating, but so that it will be understood with desire from the readers.Being given a book, you don't always think that the book will contain true evidence of the truth of history. But, Julia Olivarez believes that â€Å"a novel is not, after all, a historical comment, but a way to travel through the human heart† (IPPP). When Olivarez says this, she Is trying to allow the reader to understand that through her book, her motive is to be creative but also being able to teach history. Julia believes by including emotions of those who have undergone the true struggle, would be understanding the truth. Which leads to Skirt Jumbo's Idea of â€Å"lived history. Because those are the Olivarez has this idea of how novels are à ¢â‚¬Å"a way to travel through the human heart† (IPPP). Because her main motive of writing her novel is to allow readers to become one' with the characters and reading a novel with emotions is a way to know the character at a much deeper level. She continues by saying, â€Å"Because once I'm in a novel, I'm in character—the truth according to character. † Julia allows the readers to understand the truth according to the characters in her book, â€Å"l [Patria] looked in his face.He was a boy no older than Norm's [her son]. Maybe that's why I cried out, â€Å"Get down, son! Get down! â€Å"(IPPP) When Julia wrote this, she wrote it to allow the reader to be more than Just a spectator, but to understand the feeling that Patria had when he was on her trip to Constants for her spiritual retreat. She connects it to how the real â€Å"truth† can only be found â€Å"according to the character. † The truth which is only found through the perspectives of t he person/people who has experienced the history which the events took place.Although, Vladimir Nabob, who wrote an except from, â€Å"Good readers and Good Writers,† would disagree because he questions how novels are capable of telling historical documents. Because historical documents contain vast amounts of informational texts. He questions, â€Å"Can we expect to glean information about places and times from a novel?. Insisting that novels aren't meant to tell history or can't in general, he continues to explain how novels are truly represented, that although â€Å"great novels are great fairy tales– the greater the novel, the more supreme its fairy tale qualities.These great novels create their own world; they do not tell historical truth. † Many times, people assume that the truth' is found from scientific texts, but what kind of truth are they searching for exactly? A scientific truth that consisted of knowledge which only these ‘educated' Caucasia ns possessed? In the Yellow Rain controversy, there were many times when pathos and logos conflicted. During the potash of Yellow Rain, the Radiology cast admitted that they were in search of the â€Å"truth. They were in search of the truth,' and they based their truth on facts only. Although Robert specifically requested of Eng Yang's experienced knowledge, his perspective of truth was ignored. In the potash, Aka Lila Yang says, â€Å"what we know has been questioned again and again†¦ We have lost too much heart, and too many people in the process. † When Aka Lila says this, she was filled with emotions and because of these emotions, it sparked an interest into the human ear. Emotions tend to interest readers/people more because its indulging.Even though the use of factual evidence is one of the main strategies that people use to tell history, emotions tend to be a better and more engaging way to truly understand history. In many times, people can be taught a certain historical event, but with only facts people usually don't see to care to remember what is taught to them. But when there's more to the facts such as the emotions, people are interested and tend to desire to hear, read, or even seek for more information. Including emotions rather than the facts alone allows readers to have a better understanding document/discussion.

Free Essays on Putting In Two Senses

Putting In Two Sense(s) It is said that being different is part of life, but as with many of these â€Å"parts of life,† there are two extremes on the spectrum of society: being able to hold your own and depending on society to hold your hand every step of the way. Many people may suspect that the latter group is made up of lazy, immature, and incompetent people. Though a certain percentage of these people may fit that description to a â€Å"t,† there are more than a few who are unable to control the characteristic(s) that place them in that group. The human body has been well equipped with five senses: sight, hearing, smell, touch, and taste, most of which are vital to one’s survival. If one of the essential senses were to abruptly disappear, one’s everyday world would be turned upside down and dropped into a pool of chaos: everything familiar is suddenly strangely different and unknown. It seems that blindness and deafness are the two most often occurring â€Å"sense handicaps.† This being a common viewpoint, there has been much research done in the areas of defining what causes the disabilities, how to treat those that suffer from them, and, most importantly, how to help them adapt and assimilate to a world of people with the ability to hear and see. The choice of being blind or being deaf would be rather easy, once one realizes that, â€Å"The real problem with blindness is not the lack of eyesight. The real problem is the misunderstanding and lack of information which exist. If a blind person has proper training and opportunity, blindness is only a physical nuisance.† (National Federation of the Blind) Although blindness and deafness are both life altering disabilities, the blind are thought to be able to live a life that lets them become part of society, not form their own world. With services such as Canine Companions for Independence (CCI,) that train dogs specifically for blind people according to the amount of he... Free Essays on Putting In Two Senses Free Essays on Putting In Two Senses Putting In Two Sense(s) It is said that being different is part of life, but as with many of these â€Å"parts of life,† there are two extremes on the spectrum of society: being able to hold your own and depending on society to hold your hand every step of the way. Many people may suspect that the latter group is made up of lazy, immature, and incompetent people. Though a certain percentage of these people may fit that description to a â€Å"t,† there are more than a few who are unable to control the characteristic(s) that place them in that group. The human body has been well equipped with five senses: sight, hearing, smell, touch, and taste, most of which are vital to one’s survival. If one of the essential senses were to abruptly disappear, one’s everyday world would be turned upside down and dropped into a pool of chaos: everything familiar is suddenly strangely different and unknown. It seems that blindness and deafness are the two most often occurring â€Å"sense handicaps.† This being a common viewpoint, there has been much research done in the areas of defining what causes the disabilities, how to treat those that suffer from them, and, most importantly, how to help them adapt and assimilate to a world of people with the ability to hear and see. The choice of being blind or being deaf would be rather easy, once one realizes that, â€Å"The real problem with blindness is not the lack of eyesight. The real problem is the misunderstanding and lack of information which exist. If a blind person has proper training and opportunity, blindness is only a physical nuisance.† (National Federation of the Blind) Although blindness and deafness are both life altering disabilities, the blind are thought to be able to live a life that lets them become part of society, not form their own world. With services such as Canine Companions for Independence (CCI,) that train dogs specifically for blind people according to the amount of he...

Free Essays on Two Towers

To begin with, let us examine the nature of Tolkien’s fiction. J. R. R. Tolkien’s Middle-earth literature, The Hobbit and The Lord of the Rings trilogy in particular, are usually referred to and even marketed as fantasy. But would Tolkien himself think of his work as fantasy? Traditionally, the genre of fantasy has been defined as stories concerned with things which cannot, or could not, happen. This definition becomes problematic, though, as it would easily apply to the literature of mythology: modern rationality tells us that much of the events described in Greek, Norse or even Judeo-Christian mythology could not have happened without the aid of supernatural forces that clearly are absent from the world as we know it. Mythology, however, is not fantasy: the purpose of mythology is to provide a culture with an acceptable explanation for how that culture’s world came to be. The originators of a mythology believed not only that the events described could happen, but really did happen. It would be convenient to simply levy upon fantastic literature the requirement that the story be concerned with a world other than our own, or that it take place only in the present or the future. But that would introduce unnecessary and equally problematic distinctions. Consider instead a definition of fantasy proposed by the author Joanna Russ: fantasy is a journey by a traveler (perhaps the reader) to a world so beautiful or wondrous that the traveler/reader wishes to or does stay in that fantastic world. This definition excludes mythology: mythologies are not about an alternate reality, but about the past of the world that we know. Fantasy, then, is escapist, while mythology is reality-bound, if obsolete. Further, the mythology of a fantastic world would still be considered a proper mythology, if it attempted to explain the origins of that fantastic world; but it would be fantastic mythology a fantasy nonetheless. Thi... Free Essays on Two Towers Free Essays on Two Towers To begin with, let us examine the nature of Tolkien’s fiction. J. R. R. Tolkien’s Middle-earth literature, The Hobbit and The Lord of the Rings trilogy in particular, are usually referred to and even marketed as fantasy. But would Tolkien himself think of his work as fantasy? Traditionally, the genre of fantasy has been defined as stories concerned with things which cannot, or could not, happen. This definition becomes problematic, though, as it would easily apply to the literature of mythology: modern rationality tells us that much of the events described in Greek, Norse or even Judeo-Christian mythology could not have happened without the aid of supernatural forces that clearly are absent from the world as we know it. Mythology, however, is not fantasy: the purpose of mythology is to provide a culture with an acceptable explanation for how that culture’s world came to be. The originators of a mythology believed not only that the events described could happen, but really did happen. It would be convenient to simply levy upon fantastic literature the requirement that the story be concerned with a world other than our own, or that it take place only in the present or the future. But that would introduce unnecessary and equally problematic distinctions. Consider instead a definition of fantasy proposed by the author Joanna Russ: fantasy is a journey by a traveler (perhaps the reader) to a world so beautiful or wondrous that the traveler/reader wishes to or does stay in that fantastic world. This definition excludes mythology: mythologies are not about an alternate reality, but about the past of the world that we know. Fantasy, then, is escapist, while mythology is reality-bound, if obsolete. Further, the mythology of a fantastic world would still be considered a proper mythology, if it attempted to explain the origins of that fantastic world; but it would be fantastic mythology a fantasy nonetheless. Thi...