Wednesday, January 29, 2020

European Union Environmental Business Law Essay Example for Free

European Union Environmental Business Law Essay The Treaty of Rome which established the European Economic Community in 1958, did not originally included any provisions for the safeguard of the environment It was not until 1985 that the Single European Act inserted Title VII containing articles 130r to 130t in the Treaty of Rome that made environmental protection a lawful objective of the Commission and laid down the core principles upon which the environmental policy was based (Poostchi 83). The core principles as stated by Poostchi are â€Å"the principles that preventative action should be taken, that the polluter should pay and that environmental damage should be rectified at source. These legal principles as given by the Single European Act were further refined by The Maastricht Treaty which enhanced the scope of the environmental policy of the European Union. Today the European Union has over 200 directives (legal texts) with environmental policies under the broad classifications of Air, Biotechnology, Chemicals, Civil Protections and Environmental Accidents, Climate Change, Land Use, Noise, Ozone Layer Protection, Soil, Waste and Water as well as issues like public participation in environmental decision making and public access to environmental information. Development and Implementation of Environmental Law The EU has the option of adopting environmental legislation by way of three primary legal instruments: (i) directives, (ii) regulations, and (iii) decisions. Regulations and decisions are binding in their entirety and are directly applicable within Member States; directives, are binding as to the result to be achieved, but leave to the Member States the choice of form and method, which means that member states have the power to enact local legislation based on a directive to further the cause of initiating it in the first place (Goodrich). The branch of law dealing with the environment has the same system of development and enforcement as other laws developed by the commission. The primary responsibility of EU is to develop environmental laws, while the duty of implementation and enforcement rests in the hands of the 25 member states. Herein lays the strength and weakness of the system. The strength lays in the fact that member states have greater power of enforcement than a council of 25 states, but at the same time member states enjoy considerable flexibility in enforcement which often leads to delays or avoidance of implementation, thereby frustrating the purpose of the law itself. The Legislative Process The Commission is responsible for ensuring compliance with environmental laws. By undertaking its own assessments, through complaints by EU parliament and petitions by EU citizens, the commission monitors the degree of compliance. If after review there is evidence of a breach of law, the EU initiates the infringement proceedings against the violating state. There are three categories of breaches 1) Non-communication cases, in which a member state fails to, inform EU about the adoption of national legislation implementing a directive after the deadline for implementation has passed. 2) Non-conformity cases, in which a member state implements a directive incorrectly. 3) Bad-application cases, in which a member state has failing to correctly apply community law in a particular case. The infringement procedure contains several steps which are outlined in Article 226 of the Treaty. The Commission usually upon receiving a case, issues a formal notice to the government, after which it can issue a reasoned opinion. If the member state still refuses to comply the commission refers the case to the European Court of Justice, for a ruling. Non-compliance with a ruling can lead to the imposition of a fine or lump-sump penalty on the member state. In April 2004 environmental liability directive was issued by the EC with the aim of preventing and remedying environmental damage. According to the directive (which is to be adopted by member states over a period of 3 years) Environmental damage can be remedied in several ways depending on the type of damage: For damage affecting the land, the Directive requires that the land concerned be decontaminated until there is no longer any serious risk of negative impact on human health; For damage affecting water or protected species and natural habitats, the Directive is aimed at restoring the environment to how it was before it was damaged. Another development in the environmental law front is the possibility (proposal for a directive) of criminal action against serious negligence and intentional damage. According to a press release by the EC (Brussels, February 2007) the law would apply to both natural and legal persons. The proposal lays down the maximum penalty, and allows member states to impose more stringent measures. The motivation to introduce criminal action is because although EC Environmental law has existed for 30 years, there are still many cases of severe non- observance of Community environmental law. According the Seventh Annual Survey on the implementation and enforcement of Community environmental law 2005 (Commission Staff working paper Brussels, 2006) there has been a significant reduction in the number of open cases at the end of the year 2005 (798 cases) as opposed to 2004 (1220 cases). However the Environment sector, still accounts for one-fourth of all open cases concerning non-compliance with Community Law under investigation by the Commission. EU Environmental Law and International environmental law Over the past 30 years EU had made tremendous impact on environmental law legislation by enforcing very stringent environmental standards across its member nations. Environmental laws are discriminatory by nature, as they favor countries with developed infrastructures, wealthy industries and higher per capita incomes. For EU to expect all its trading partners (irrespective of their national income and stage of development) to comply with its strict Environmental laws, means that it will seek to eliminate any advantage that they might have in terms of lower prices. Environmental laws can serve as a form of non-tariff trade barrier. As in the case if Shrimp-Turtle case (USA banned the import of shrimp from countries which in the process of shrimp trawling accidentally caused the death of sea turtles. These countries were expected to install US made Turtle Excluder Devices (TEDs), so that the shrimp trawling would become environmentally friendly again) (Schaffer et al. 628). The net effect was to increase the sales of a US industry (the industry making TEDs), and possibly raise the price of imported shrimp products. (Schaffer et al. 623) United States ran into trouble with the WTO on the ban on shrimp products, because it was declared uncompetitive and unfair. Subsequently USA had to redefine its guidelines, so that exporting countries which employed a programme similar to that of the USA for turtle protection were given a certification to export again. Impact on FDI and International Businesses EU’s has emerged as the leading incubator for environmental rules and regulations, and this has major implications for all businesses hoping to work with the European market. This includes businesses within and outside the European Union. This is mainly because of two reasons. Businesses must comply with EU regulations if they wish to continue supply and demand to the region. Secondly like all highest forms of legislation (and constructive action in general) the EU legislation set the benchmark for environmental regulation and there may come a time when they will be followed and implemented across the globe. Recently the Commission enacted 3 new laws, which will have a significant effect on businesses trading in EU. The three regulations are REACH (Registration, Evaluation, and Assessment of Chemical Hazards); RoHS (Restriction of Hazardous Substances); and WEEE (the directive on Waste Electronic and Electric Equipment). All three are complex pieces of legislation that will affect a vast range of products, chiefly electronics that are made, sold, used, and disposed of across 25 EU member countries. (Elkington) The first legislation will make mandatory testing of over 30,000 chemical substances for human safety. This will put the fate of several chemical companies in jeopardy. RoHS seeks to ban six substances out of the E. U. economy: lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls (PBBs), and polybrominated diphenyl ethers (PBDEs). This will make it nearly impossible to manufacture semiconductors for electronic items. The third legislation (WEEE) will affect manufacturers of products like TVs, refrigerators, or cars. This take-back legislation will force companies to take the responsibility of recycling packaging material of their product and also ensure recycling of discarded products (end of life accountability). This legislation takes root from the concept of recycling all waste material so that some of it can be re-absorbed (re-claimed) in the productive process, instead of going unutilized into landfills. These legislations will have a number of implications for local and foreign countries in Europe. Firstly they will have to invest in take-back and recycling infrastructure. It is generally observed that big companies adopt the law, in fear of retaliation from NGO’s, and because they refused to be driven out of markets because of these de-facto trade barriers. Korean and Japanese countries demonstrated this when they took a lead in adopting the ISO 14000 standards, so that they cannot be discriminated in the European Market. The rate of adoption of companies from these countries was faster than that of EU companies themselves. The possible impact of stringent environmental laws is felt on domestic companies as well. During a period of economic downturn and business slowdown, most businesses are reluctant to enforce environmental legislation. Also the cost of monitoring the legal environment for businesses increases. EU is actively taking notice of breach in compliance with environmental laws and the process of pursuing legislative action at the European court is a time wasting and expensive affair. According to the OECD report on FDI, the 2003 FDI inflows to European countries were 23 per cent lower than in 2002. But according to data available with UNCTAD, for the period 2004-2006 FDI picked up again and the EU countries recorded a growth of 30% . Thus it cannot be determined to a conclusive level whether the changes in FDI have resulted because of the enactment and enforcement of environmental laws. It may be noted that European Union’s proactive behavior in enacting environmental legislation could be because they had a smaller land mass and learned the importance of conservation before other bigger countries like US. Whatever the case maybe, it remains to be seen whether the extensive array of laws will improve the environment to any noticeable degree. Given the number of years it takes for degradation to become noticeable any fruits of improvement will take time to manifest themselves. Till then both foreign and domestic businesses will find themselves facing a host of challenges, ranging from legislative action, forced compliance, rising environmental compliance cost and the like. However it will also open opportunities for businesses to develop eco-friendly products, and maintain a positive image in the minds of consumers.

Monday, January 20, 2020

Turning Back Time Essay -- Biology Essays Research Papers

Turning Back Time Progeria, an extremely rare disease caused by a slight genetic defect, victimizes every 1 in 4 million children. , (3). At the moment, there are twelve cases of Progeria in the US, and no more than one hundred have been reported around the world. While the child suffering from Progeria will appear to have no symptoms at birth, the tell tale signs of the fatal disease will begin to surface within a few months, (1). The common first symptom of a child who may be a Progerian is that the ends of their shoulder bones will be re-absorbed into their bodies. Soon, he or she will be underweight and undersize for his or her age. Hair loss and dental decay will follow. The disease slowly eliminates body fat. Eventually the Progerian will become afflicted by arthritis and take on the appearance of a person five to ten times their age, (6).On average, a Progerian will live to be thirteen. Usually their death will be due to a cardiovascular disease such as heart attack or stroke. Over the past four years, a lot of progress has been made studying Progeria. Researchers have concluded the cause of this disease is most likely due to a "single letter misspelling in the genetic code on a single chromosome, which is a coiled strand of DNA within the cell". After examining twenty Progerians, eighteen were found to have the same genetic abnormality. The 19th case had a similar 'misspelling' in a nearby gene. The 20th case did not have "classic Progeria", (2).The gene which was found to be abnormal in eighteen of the cases, is responsible for making the protein called 'lamin A'. If this protein is defective, premature cell death occurs. This protein structures the inner layer of membrane surrounding the nucleus. Each Progerian e... ...theory of evolution could be found on the cover of a Hallmark birthday card. References 1)Medlineplus, General information about health problems and diseases http://www.nlm.nih.gov/medlineplus/ency/article/001657.htm 2)Progeria Research Foundation, One of the few websites dedicated to the study of Progeria http://www.progeriaresearch.org/links/links.htm 3)Progeria Project, Provides articles and information about Progeria http://www.progeriaproject.com/Archive/articles.htm 4) Link from Berkely University Website, Interesting facts about lifespan http://www.cgfi.org/materials/speeches/berkely_address.htm 5) USA Today, Article about Progeria http://www.usatoday.com/news/science/2003-04-16-agin-gene_x.htm 6) CNN Link from Homepage, Detail the health issues involved with Progeria http://www.cnn.com/2003/HEALTH/conditions/04/17/aging.gene/

Sunday, January 12, 2020

Affects of Low Socio-economic Status in Children Essay

Socio-economic status remains a theme of great interest to those who study children’s development. This interest derives from a belief that high socio-economic status families pay for their children an array of services, goods, parental actions, and social connections that potentially redound to the benefit of children and a concern that many low socio-economic status children lack access to those same resources and experiences, thus putting them at risk for developmental problems (Briscoe, 1994). The interest in socio-economic status as a worldwide construct persists despite evidence that there is wide inconsistency in what children experience within every socio-economic status level, despite evidence that the link between socio-economic status and child well-being varies as a function of geography, and culture, and despite evidence that the relation between socio-economic status and child well-being can be disrupted by catastrophes and internal strife (Bornstein, Hahn, Suwalsky & Haynes, 2003, p. 45). The major factor that affects child development is the socio-economic status. It is an indicator of a person’s social and economic standing, measured through a combination of income, level of education, residency, occupation, and social status in the community (Briscoe, 1994). Families with a high socio-economic status often have more success because they typically have more access to more resources to improve their child’s development (Bornstein, Hahn, Suwalsky & Haynes, 2003, p. 54). They are able to afford high-quality child care and books that would encourage children to learn. Children from low socio-economic status families lack the financial, educational and social support they need to be considered equivalent to children from high socio-economic status families. These differences can cause a child to become unconfident, non-motivated, and even isolation from society. It is a problem that could stay with the child through adolescences and on into adulthood (Bradley & Corwyn, 2002). It is only as an adult that the person has the independence and the ability to change his socio-economic status. He makes the choice of where to live, what job to pursue, how he fits in society; becoming his own person but a child can not (Bornstein, Hahn, Suwalsky & Haynes, 2003, p. 223). Family’s Influence on a Child’s Educational Success The family is a key element in every person’s life. They have the greatest impact on a child’s socialization and their development. Socialization is a learned behavior that remains with a human being his entire life. Family influences nearly every aspect of children’s life, most significantly, their education. Increasing evidence indicates that schools are not solely responsible for promoting our children’s academics and success; rather, families must be engaged in helping youths develop the understanding and skills they need to function in tomorrow’s workplace (Bradley & Corwyn, 2002). Therefore, the question is not whether parents influence education, but rather how and to what degree they do. A variety of explanations exist, including the size of the family, the parenting techniques, and the family’s economic status. Three major constructs are believed to be parents’ basic involvement decisions. First, a parents’ role construction defines parents’ viewpoint about what they are supposed to do in their children’s education and appears to set up the basic range of actions that parents construe as important, necessary, and permissible for their own actions with and on behalf of children. Second, parents’ sense of efficacy for helping their children succeed in school focuses on the degree to which parents believe that through their contribution, they can exert positive influence on their children’s educational outcomes. Third, general invitations, demands, and opportunities for involvement refer to parents’ opinion that the child and school want them to be involved (Bradley & Corwyn, 2002). However, even well-designed school programs welcoming involvement will meet with only limited success if they do not address issues of parental role construction and parental sense of efficacy for helping children succeed in their schools. Academic Attainment and Low Socio-economic Status For over 70 years findings on the relationship between socio-economic status and intellectual/ academic competence has accumulated. The association between socio-economic status and cognitive performance begins in infancy. Numerous studies have documented that poverty and low parental education are associated with lower levels of school achievement and IQ later in childhood (Bornstein, Hahn, Suwalsky & Haynes, 2003, p. 103+). There has been some debate regarding which aspects of socio-economic status most strongly connect to cognitive development. Each socio-economic status measure used in the Health Examination Survey (family income, maternal education, paternal education) highlighted intellectual attainment, with education being the best predictor. Maternal education was a stronger predictor than paternal education. Maternal and paternal education is good predictor. Socio-economic status accounts for about 5% of the variance in academic achievement. Among the traditional measures of socio-economic status, family income accounts for the greatest amount of variance. In a recent study, it has been found that each socio-economic status indicator (income, education, occupation) was associated with better parenting, which in turn affected school achievement via skill-building activities and school behavior. Evidence suggests a particularly strong relation between socio-economic status and verbal skills. Major differences were found in the language proficiency of children from high socio-economic status and low socio-economic status families. The relation between socio-economic status and cognitive attainment may be quite complex, with different components of socio-economic status contributing to the development of particular cognitive skills in different ways and with some components of socio-economic status serving to moderate the effects of other components. Several analyses have indicated that the relations for family income and parental education depend on the number of siblings present in the household (Bornstein, Hahn, Suwalsky & Haynes, 2003, p. 34). The affect of Socio-economic status and intellectual/academic attainment diminishes with age. However, the effects of family income on achievement among 7-year-olds are similar to the effects on intelligence for 3-year-olds. Socio-economic status also appears to affect school attendance and number of years of schooling completed. The impact on years completed appears to be less than the impact on school achievement. Even so, socio-economic status remains one of the most consistent predictors of early high school dropout, with evidence suggesting that it is connected both to low parental expectations and to early initiation of sexual activity (Bradley & Corwyn, 2002). Students from lower-income families suffer further disadvantages as well. Economic hardship and stress have been known to affect the relationship between the parent and child. If the socio-economic status of the student is low, the amount of parental support, control, and consistency is usually low as well. Adolescents from intact families have been found to be more optimistic and confident about the future than those from homes in which there has been a separation, divorce, or parental death. References Bornstein, M. H. & Bradley, R. H. (Eds. ). (2003). Socioeconomic Status, Parenting, and Child Development. Mahwah, NJ: Lawrence Erlbaum Associates. Bradley, R. H. , & Corwyn, R. F. (2002). Socioeconomic Status and Child Development. 371+. Briscoe, J. (1994, December). The Cost of Child Abuse and Neglect. Corrections Today, 56, 26+. Education Is Critical to Closing the Socioeconomic Gap. (2003, February). World and I, 18, 18. Ellis, L. (Ed. ). (1994). Social Stratification and Socioeconomic Inequality (Vol. 2). Westport, CT: Praeger Publishers.

Saturday, January 4, 2020

Project Deliverable 1 Project Plan Inception Essay

Project Deliverable 1: Project Plan Inception Our Internet based company with the gross revenues of more than $35 million dollars per year. We are planning to merge with multinational company of equal size. Our company currently uses operational systems and relational databases but desire to expand into data warehousing. We will be integrating different technologies from different solution providers and incorporate industry best practices in connection with the development of technological system. Internet-based industry is a growing industry with most companies having an annual growth between 6.5% and 8%. This is due to businesses that are becoming increasingly aware of the need for market information and the desire to reduce customer†¦show more content†¦A detailed company and Industry based research Tear Sheets and Company profiles. Analysis of value chain, Stocks, Shareholdings and SWOT Benchmarking of Industries and detailed sector reports Business Intelligence Market entry and positioning strategy Trend Analysis and future predictions Economic and Demographic studies Corporate Finance and MA Support Support for preparing of Pitch Book Benchmarks and Comparisons, LBO Models Valuations and Financial Analysis Equity Research Financial Models and Predictions Research Reports Online Panel Management (Financial data solutions, ) Data Management and Processing Data Processing Scripting and Coding Data Transcription Validating Data Content Analysis (for Qualitative DIs and GDs) Presentation/Report Writing Validation of Report Charting the Tabulated data Presentation reports on major presentation software Market Research Analytics Brand Modeling Consumer Modeling Market Segmentation Targeting Marketing Mix Outsourcing Activities Offshore and outsourcing activities includes the following Data Processing and Data Conversion -Data Collection and processing in MS Excel, CSV and Other databases format to SPSS, Quantum, SASetc for further processing. 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