Differences in ethnic experiences of criminal justice system Essay

Ethnic minorities, afro-Caribbean’s and, to a lesser extent, Asians, are vastly over represented in official statistics for criminal offending, and convictions, but these statistics are not necessarily representative of what is real. An example of these statistics is that black people make up 2. 7% of the British population, and Asians 4. 7%, but black people make up 11% of the prison population, and Asians 6%. Experiences amongst different ethnic groups who interact with the criminal justice system are still very diverse. Whilst self-report studies show that whites are more likely to offend than blacks and Asians even less likely (Indians 30%, Pakistanis 28% and Bangladeshis 13% according to Graham and Bowling) this does not represent the experiences of said ethnic groups. The criminal justice system consists of a number of steps which include policing, stop and search, arrests/cautions, prosecutions, trials, convictions, sentencing and prison and at each stage it appears that blacks, and more recently Asians, are much more likely to face injustice, abuse or negativity within the criminal justice system. Phillips and Bowling note that since the 1970s many allegations of oppressive policing towards ethnic minorities have been put forward with â€Å"mass stop and search operations†¦ excessive surveillance, armed raids, police violence†. With policies such as the Stop and Search and the Terrorism Act (2000), police officers may stop at any time or place, any vehicle or person and search them for any or no reasons, but the patterns of how these policies put to use are disproportionate towards ethnic minorities; black people are 7 times likely to be stopped than whites, and Asians 3 times as likely. Police disproportionately using stop and search techniques against minority ethnic groups may be the result of police racism, which the Macpherson report of 1999 highlights. Institutional racism within the police force and its individual members may make officers more suspicious, weary and paranoid about ethnic minorities. This could also be the result of demography, ethnic minorities are over-represented in the social groupings most likely to be stopped and search, such as young, unemployed, working-class males. However this could simply reflect the differences in offending between ethnic groups. But more evidence for institutional racism towards certain ethnic groups appears when we investigate more, white people are given cautions for crimes much more often than blacks or Asians, arrest rates for blacks are 3. 6 times higher than for whites. This again indicates some kind of unfair or racist treatment; however it could be the result of blacks or Asians being more likely to deny an offence and look for legal advice out of mistrust for the police, leading to an eventual arrest, as we have already noted that these minorities are more likely to be unfairly policed by officers. The mistrust of the system may also result in ethnic minorities who go on trial opting for a jury. Although in contrast, 60% of white defendants found guilty as compared with only 52% of blacks and 44% of Asians, and the Crown Prosecution Service (CPS) more likely to drop cases against ethnic minorities. This suggests that police are bringing weak cases against ethnic minorities to court, thus being abandoned. Although this suggests a more fair treatment in regards to prosecution and conviction, it indicates police racism in forcing ethnic minorities into court for frivolous crimes. Ethnic groups such as blacks and Asians possibly have a much harder and more negatively perceived experience of the criminal justice system because they are subject to a lot of discrimination, for instance in self-report studies when asked for the perpetrators ethnicity, many people would often guess † black † even if they aren’t sure, reinforcing the negative ethnic stereotype. Since the 9/11 attacks suspicions about Muslims have risen greatly, even though they cannot be justified on the large scale discrimination and prejudice they experience, this prejudice can often lead to over policing in ethnic minority areas, thus adding to the disparity in the criminal statistics, it may not be that these ethnic groups are committing more crime, it could just be that there are more police acting in a vigilant way around and towards these groups, so they are punished more harshly. It could be argued that if the same amount of vigilance and over-policing was applied to white communities equally, the statistics may equalize. Whilst it is clear that Blacks and Asians are overrepresented in criminal statistics, the extent of this remains to be seen, it is possible that the reality is that those ethnic groups, on average, do commit more crimes than others, it is also possible this is false.

Health and social care management Essay

INTRODUCTION This essay the author will be able to evaluate current systems for managing finances Resources in health and social care settings. Therefore will evaluate how financial Decisions are made and the need to monitor budgets. This will then enable the author to Evaluate the impact of financial considerations on an individual using health and Social care services. Furthermore will provide a core understanding of the range of systems available, and How these are used in the planning and financial management of health and social Care budgets. The unit further will encourage understanding the importance of Monitoring budget expenditure and its influence on the provision of health and social Care services. LO.1 1.1PRINCIPLE OF COSTING AND BUSINES CONTROL SYTEMS Analysis of current situation against budget and forecast, classification and coding, job costing, Contract costing, actual cost ascertainment,allocation/apportionment COSTING DEFINITION: Costing it describe as According official terminology the technique and procedure of ascertaining cost. These valuation systems including main beliefs and system to determine the cost of goods or services. It also the  quantity of supply used in replacement of goods or services. The income used can be financed or money’s value, Semi Variable Semi Fixed Cost Cost: Cost is an amount that has to be paid or given up in order to get something Cost Unit: The unit cost is the cost incurred by a company to produce, store and sell one unit of a particular product. Unit costs include all fixed costs and all variable costs A cost center is part of an organization that does not produce direct profit and adds to the cost of Running a company. Examples of cost centers include Cost object: Cost object is often a product or department for which cost is accumulated or measured. For example, a product is the cost object for direct materials, direct labor and manufacturing overhead also the factory maintenance department is cost object for the cost of the maintenance employees and the maintenance supplies. Cost benefit analysis: Is A cost object is a tangible input for a product manufactured/service provided, like labor or material. For example a cloth manufacturing firm requires some Break even analysis: Classification of cost means, the grouping of costs according to their common characteristics. The important Cost behavior The way a specific cost reacts to changes in activity levels is called cost behavior. Costs may stay the same or may change proportionately Variable Cost / Product Cost: Variable costs are the Fixed and Variable cost A cost is fixed if, within a specified period of time, it does not change in response to changes in the level of activity. A variable cost is one that changes in response to changes in the level of activity, it changes in direct proportion to the volume of activity, that is, doubling the level of activity will double the total variable cost total cost over a period of time for the variable inputs. Any increase in the volume of production results in an increase in the variable cost and vice versa. For example, of variable costs is the cost of raw material. Semi-Variable Cost / Semi-Fixed cost: These costs are in part fixed and in part variable. For example: repair machine fees. Semi-variable cost includes both a fixed and a variable element. For example, a telephone bill contains a fixed standing charge and  a variable charge based on the number of units dialled. A semi-fixed cost or stepped cost is one where the cost remains constant for a range of activity; then when the activity increases still further the cost will take a step upward. Break-even Analysis is an expected component of most business plans, especially for start-up companies. It shows how much revenue you need to cover for both fixed and variable costs and cost benefit analysis are frequently used by health and social care organisation to monitor cost and make decision about expenditures. Cost data are very useful in budget preparation and forecasting for the financial year, the Providers use cost data to manage services and improve operational efficiency. Cost data are also used to support the development of pricing and currency design for reimbursement purposes A direct cost is especially noticeable to a set cost object. A cost object is a product, procedure, section, or action for which the health administration requirements to assess the cost, such as a medical test, a care appointment, or a health check process. Indirect costs cannot be traced to an agreed cost purpose not including resorting to some arbitrary method of assignment. Hand, is directly involved in producing revenues, and, if it is managed well, its revenues exceed its cost and it produces a profit. The six principles of costing are: Stakeholder engagement: Stakeholder engagement is the process by which an organisation involves people who may be affected by the decision it makes or can influence the implementation of its decision Materiality : is in accounting relates to the significance of transaction, balances and errors contained in financial statements. . Consistency For some costing purposes, a consistent approach is required across or within organizations. Data accuracy, Accurate costing relies on the quality of the underlying input data. Transparency Costing should be transparent and auditable Causality and objectivity Importance of costing: Costing help an organisation to manage is company to incur a cost with the  expectation of profit Example: A company may have a variety of distinct departments,division,or operating groups,each with separate responsibilities and each contributing to the overall success of the company.cost centers,for example,such as accounting,auditing,or inventory control,have costs,but does not contribute revenues. As a result, they do not produce profits. 1.2 The information needed to manage financial resources Is to understand the role of planning in the management of health and social care budgets also the importance of monitoring budget expenditure. Such as transparent and Accurate accounting Information, risk management, short and long term Forecasts, audit report. Information 1 Need is business costs, people, equipment, finance, buildings, consumable items, administration; Income streams; trends and external influences, e.g. changes in policy, competitive factors, legal requirements. 1.3Regulatory requirements Legislation and codes of practice, audit, accountability, policies. Systems: sources of income, how budgets are set, administration of budgets, cost centers, accountabilities, Audit requirements Information: business costs: people, equipment, finance, buildings, consumable items, administration; Income streams: trends and external influences:changes in policy, competitive factors, legal requirements. 1.4 System for managing finance Is a plan, assuring that resources are obtained and used effectively, efficiently in the accomplishment of the organization’s goals. Therefore, it focuses on programs and responsibility center and it is a total encompasses of all aspects of a firm’s operation and usually built around a financial and accounting structure need two types of information for management control planned date such as, budgets, standards, and projections) and  actual data. Budgetary control system Cost control system Financial control system Internal control and audit Enterprise resource management system IT control systems Importance of business control system LO2: ROLE OF PLANNING IN THE MANAGEMENT OF CARE TECH BUDGET Care tech annual report Financial Review The Group has repeated the good progress of recent years in 2013 The UK market Group has continued to be progressive and has made encouraging progress during the year. The underlying operating profit remains strong at  £23.2m compared with  £21.7m last year. Transaction on 28 August 2013 to acquire two property portfolio businesses, leading to an annual rent saving Of  £4.4m. Income Statement 2013 2012  £m  £m Growth Revenue 114.3 114.1 0.2% Gross profit 45.6 45.3 Administrative expenses (19.2) (20.4) Underlying EBITDA 26.4 24.9 6.0% Underlying EBITDA margin 23.1%, 21.8% Depreciation (3.1) (3.1) Share-based payment charge (0.1) (0.1) Underlying operating profit 23.2 21.7 6.9% Net financial expenses (5.7) (5.0) Underlying profit before tax 17.5 16.7 Taxation (3.4) (3.4) Effective tax rate 20.0%, 20.0% Underlying profit for the year 14.1 13.3 Weighted average number of diluted shares (millions) 51.3 50.4 Underlying diluted earnings per share 27.43 26.47 Full year dividend per share 7.00p 6.50p Revenue Revenue of  £114.3m (2012:  £114.1m) was 0.2% higher than in 2012. In the established Adult Learning Disabilities segment we continued to experience high levels of occupancy 2.1 Diverse sources of income 2.2 Factors that may influence the availability of financial resources 2.3 Types of budget expenditure 2.4 Decisions about expenditure TASK 3: IMPORTANCE OF MONITORING BUDGET EXPENDITURE IN CARE TECH 3.1 Managing financial shortfalls 3.2 Financial fraud actions 3.3 Budget monitoring arrangements LO.4: INFLUENCE OF SYSTEMS AND PROCESSES ON CARE TECH SERVICES 4.1 Information required in making financial decisions: Different types of information are needed by decision makers depending upon the stage of operation they are in. The decision involved can be Quantitative or qualitative. Judgments regarding movements in future share prices, likely future dividend payments and management efficiency. Ratios to determine management efficiency. Data to compare the market trend and future estimates. 4.2 Relationship between care service delivered and ‘costs and expenditure’ 4.3 Impact of financial considerations on a service user 4.4 Improving care services through changes in financial systems and processes Bottom of Form . Of fraud. 4 Understand how systems and processes for managing financial resources influence health and social Care services Financial decisions: responsibility for decision making, information available, sources of income, priorities The relationship between service delivery, costs and expenditure: cost-benefit, pricing policies, purchasing Arrangements. Impact on individuals: quality of service, access to service. Recommendations: options available, supporting evidence, information to be presented for discussion by financial decision makers. : Information about the business environment and external influences Good understanding Of the business cost by health care managers will aid the management of financial resources in health care organisation. The information includes Staff cost (Wages and salaries, Pension cost) Medical equipment and appliances cost (Hoist, Buckets, Buckets, Stretcher, Trolley, Wheelchair) Cost (Outright purchase or lease – Operating or finance lease Cost of consumable items (Food, toiletries, Soap, Kerosene, lantern Administrative cost and Professional fees The revenue (income) receives depend on the service and business engagement of the health organisation which includes normal business activities such as (Adult Learning Disabilities, Mental Health, Young People Residential Services, Foster Care rents and service charges from social housing lettings and leasehold management revenue grant, tax support contribution. The Regulatory body They are alot of regulatory required for satisfying while managing financial resources, but in this essay the author will mention a few such as, Care tech holding PLC in 2013 financial ending. Care Quality Commission,  Healthcare Sector Regulator Monitor, NHS Commissioning Board, 1. Important to monitor to avoid fraud and eoror What is Importance of costing in HSC 1.2Intoduce by defining business control systems Identify and explain the different business controls systems in BULLETS (Budgetary control system, Cost control system, Financial control system, Internal control and audit, Enterprise resource management system, IT control systems) Conclude with the importance of business control systems.

The Role of Orientalism in Western Conceptions of the Islamic Essay - 1

The Role of Orientalism in Western Conceptions of the Islamic Tradition - Essay Example In Orientalism, Edward Said writes that the West reckons the Islamic states to be static and undeveloped, which fabricates a view that Oriental culture can be studied, depicted and reproduced. This implies the idea that Western society is developed, rational, flexible, and superior. 1 Such view from the above does not give a complete picture of what the society has to offer. Some of the most famous ancient scientists, for example, Omar Khayyam, one of the supposed founders of algebra, belonged to the Oriental world; ancient Persia, unlike the tribes of the territory where modern Iraq is located, was the center of science, arts, and culture of its time. Islam as a very severe and, as it seems from the first look, cruel religion, creates its own image as a dictatorship of its norms and laws over a man and demands strict obeying, which is very difficult for the Western conscience of liberal world perception, and it leads to formulating of conceptions (and misconceptions as well) which a re not always true. It is necessary to define and investigate into such ones and to understand the role of Orientalism in their emergence. In Western Democracy and Islamic Tradition: The Application of Shari’a in a Modern World, Melanie Reed rises a matter of human rights in Islam. â€Å"While most scholars would agree that minimal human rights standards exist, the correct implementation of such standards is a topic of hot debate. In light of recent international conflicts, the relationship between religion and human rights, and in particular Islam and human rights, is a pressing topic.†2 Indeed, some Islamic countries, especially those with strong traditions of tribal society, Pakistan, Afghanistan, for instance, are an endless source of news about terrorist attacks, blood shooting, hostages taking and other possible violation of human rights. Islam, implying a solid faith in God, may result in society’s looking for the embodiment of such God – strong, wise, caring.

Chinese Essay Example | Topics and Well Written Essays - 250 words

Chinese - Essay Example She was excellent archer who practiced archery frequently. Her husband was a military commander. During his reign, rebels from Bozhou attacked the government forces. She offered help to her husband and defeated the rebels. Later after the death of her husband, she assumed his rank and responsibility. Her juniors described her as refined and elegant commander who had a towering presence among her troops. She is the China’s greatest woman poet. Her poems exist only in fragments. However, they continue to be regarded as the best just like the old days. She was born in a literary family and started her work when she was a teenager. During her life, she produced seven volumes of essay and six volumes of essays. However, due to bad storage, only the fragments of this work exist today. Her work is well appreciated due to the sticking diction and integration of personal experiences. The poems reflect her dramatic lifetime after the death of her

European School of Business London Essay Example | Topics and Well Written Essays - 500 words

European School of Business London - Essay Example In October 2007, I have worked as the Private Equity Advisor EBS, at Oestrich-Winkel and as the Estate Developer, with FH Kufstein. Besides this, I have also done my internships with Otto M. Schrder Bank AG, Lukas Bauprojekt GmbH and Aengevelt Immobilien GmbH & Co. KG. I have also worked as a Business Analyst, for Angermann M&A Int. GmbH. I am fluent with English, Spanish and Latin and love to play tennis, ski, travel, trade with stocks and derivatives in my free time. Evidently, I have made use of every opportunity that ahs come my way, to make myself eligible for getting into your esteemed school. I have chosen the European School of Business, since I understand that it is the perfect place to study business. It has great international exposure, which is essential for students and budding entrepreneurs. The award-winning integrated courses are indeed courses that help students get into the real world of business. The importance attached to language skills has again made me feel t hat this si the place where I would like to study, since I have gained fluency in a few languages, as well. Keep

Marxism and the Financial Crisis in China Essay

Marxism and the Financial Crisis in China - Essay Example Although china is a communist nation, it can be said that there are no real communists in the country. The Chinese communist party consists of about 70 million members, yet there are a few or no devoted Marxists to be found in the country. According to Gross, "The elites in China are more interested in capitalism as it is believed to result in better outcomes. They believe that the evolvement of capitalism in a state-controlled economy, under the supervision of the Communist Party will have great results." (Gross, Daniel. 2009) The Chinese communist party was founded in 1921, in Shanghai. Even 10 years before the party was formed, there were student uprisings concerning communism. The party was founded by two Beijing University Professors; Chen Duxin and Li Dazhao. One of Li's students was Mao Zedong. These people believed in communism and Marxism-Leninism. There became two parties trying to rule the country; the Communist Party of China and the Nationalist government of China. In 19 23 the Communists and the Nationalists joined forces to beat the warlords. But the Nationalist turned on the Communists and when they got to Shanghai, and they decided to clear out the communists In China, the communist party has shown flexibility when implementing policies. It is important to note that Karl Marx and his philosophy is very much respected and referenced by the party members. His wisdom has always been appreciated and is never forgotten. But another important thing to note is that Mr. Marx's ideas are very old and do not fit in today's era of science and technology, because even though this ideology seems appropriate, it would put a restraint on professionalism. (Jochnowitz) The pure Marxist ideology is a political philosophy, economic and sociological worldview with a basis on the materialist interpretation of history, a social change theory, a Marxist analysis of capitalism, and an atheist view of the liberation of humans. The major primary aspects this ideology, as put forward by Friedrich Engels and Karl are The dialectical and materialist concept of history, an advocacy of proletarian revolution, and a critique of capitalism In today's competitively developing world, China cannot afford to stay backward by adopting a pure Marxist ideology. Therefore it must adopt policies and processes that promote monetary growth and development. It is true that there is a wide gap between the rich and the poor in the country. But this does not mean that adopting Marxism and such policies would help in development. The ultimate objective is, undoubtedly, the prosperity of the entire nation, but the belief is that national prosperity could only be achieved through capitalism. (Gross, Daniel. 2009) The pure Marxist ideology has been rejected through out the world. The main reason for this is that states which adopted this system tended to remain backward as the rest of the world developed and progressed. From Marx's and Engel's perspetive, "the ideal society was one in which the principle of the common ownership of wealth and advocates the values of community, cooperation, equality and the satisfaction of need." (Heywood 1998:328) Communism also encompasses wider ideologies based on Marxist principles, such as socialism In the early to mid 1980s, there was a only a hint of Communism left in the economic system

Critically discuss the view that anti-globalisation arguments Essay - 3

Critically discuss the view that anti-globalisation arguments seriously undervalue the benefits that globalisation has delivered for all countries 01153 - Essay Example However, issues such as the global financial crisis and unethical practices of GlaxoSmithKline are unintended effects of globalisation. These occurrences are all caused by unethical human practices and therefore they do not provide substantial evidence that questions the benefits provided by globalisation (Benyon and Dunkerley, 2000). Financial crisis was mainly triggered by an uncontrolled greed for profit of various businessmen who aided several unethical practices that includes accounts manipulation, complex product development and illicit trading. 6 Globalization indicates the opportunity of nationalistic and local perspectives towards a broader view of an interdependent and interconnected world with open transfer of goods, capital, and services athwart national frontiers. It defines the way people and countries interrelate and integrate (Mahajan, 2006). Globalization includes many sections and can be cultural, political, and economic. Political globalization is termed as how nations and institutions influence the entire world. Economic globalization is referred to how nations are coming collectively as one immense global economy. Cultural globalization is referred to how customs is becoming uniform, which implies that people across the world perform in a similar manner (Mott, 2004). Anti-globalization is defined as a movement to oppose the globalization’s trend and its unsafe effect, as well as to reorganize unbridled capitalism. The movement of anti-globalization places focus more on human decency and economic efficien cy versus profits and corporate competition at any price (Held and McGrew, 2007). This paper will examine how arguments of anti-globalization gravely undervalue the benefits that globalization has delivered for all countries. Some of the economists argue that globalization is considered as positive development because it will increase employment opportunities as well as develop new industries in the emerging countries.

Luekemia Essay Example | Topics and Well Written Essays - 500 words

Luekemia - Essay Example Acute leukemia refers to the rapid multiplication of immature blood cells hampering the bone marrows to function efficiently. On the other hand chronic leukemia is characterized by the excessive production of mature yet abnormal blood cells which results in the presence of many white cells in the blood. Acute leukemia is also relatively slower to progress than chronic leukemia and may not present any symptom (Leukemia and Lymphoma Society 3-4). Up to date, there is still little knowledge about the exact causes of leukemia. Physicians however, explain that a person's environment has a lot to do with his/her chances of having this disease. Based on studies people who are exposed to high levels of radiation are in a greater risk of contracting this disease. Natural or ionizing radiation caused by atomic bomb explosion, nuclear power plant accidents, and other medical treatments increases the risk of leukemia (Medicine Net.com 3). Exposure to certain chemicals like benzene and formaldehyde has also been linked to this type of cancer. Some forms of leukemia are caused by viruses like the chronic lymphocytic leukemia which is caused by the human T-cell leukemia virus-1 (Medicine Net.com 3). Four techniques are commonly used to treat leukemia. Chemotherapy is the most common treatment where a drug or combinations of drugs are used to kill leukemia cells.

Bioethics Assignment Example | Topics and Well Written Essays - 2500 words

Bioethics - Assignment Example Weight measurements will be taken, and these can be compared with results from the literature about what is healthy and normal for the particular breed of dog. Secondly, energy levels will be measured, again based upon what is normal for the breed. This will be subjective and assessed by trainers who do not know which diet the puppies are taken, to make sure there is no bias. Finally, blood pressure measurements will be taken weekly throughout the course of the experiment to ensure that the puppies are healthy and to avoid ethical problems of the experiment. Another important part of designing a scientific experiment is to work out the participants, or the ‘sample’. Scientific studies work best with larger sample sizes to eliminate bias (Shannon & Kockler, 2009). When working with dogs, it can be beneficial to use a variety of breeds to ensure that the hypothesis and results can be applied to all dogs. Therefore it was decided that 100 dogs would be tested, 50 on each diet. 25 different breeds (or combination of breeds in mongrels) will be used, so that 2 of each breed will be taking part in each diet group. It is important to randomize the dogs that are chosen to go on each diet. Grouping each breed as a four and then randomly assigning them a diet is the best way of doing this (Shannon & Kockler, 2009). It is important that each one follows the diet strictly for the four weeks of the experiment, as any deviation from this could cause a false result. This means the dogs must be observed at all times to ensure that they do not eat any food from another dog’s meal. Each dog must also have the same amount of exercise and be housed in the same size kennel as the other dogs from that breed to ensure fairness when measuring the results. Differences in exercise could cause a major difference in the weight measurement particularly, and this would be a confounding variable. Each dog would also have to take their meals at

The Authorship Controversy Essay Example for Free

The Authorship Controversy Essay Another contender for the authorship of Shakespeare’s works is Francis Bacon. One of the major reasons for this belief is the existence of a document which bears the names of Shakespeare and Bacon. The Northumberland Manuscript consists of list of speeches and other manuscripts which have been signed â€Å"By Francis William Shakespeare†. Bacon has been known to highlight aspects of a hidden or disguised life. In â€Å"The Essay of Friendship† Bacon writes: There be some whose lives are as if they perpetually played a part upon a stage, disguised to all others, open only to themselves. In a letter written to his friend John Davies, Bacon writes: So desiring you to be good to concealed poets, I continue, yours very assured, Fr. Bacon. Francis Bacon’s vocabulary has been found to be extremely similar to each other. Another reason why several scholars believe that Francis Bacon is actually the author behind Shakespeare’s work is the fact that Bacon never directly mentioned Shakespeare’s name or quoted anything from Shakespeare’s plays. Moreover, many believe that when comparing the writings of most contemporary authors, no one comes close to Shakespeare’s style of prose and verse as Bacon. In fact a large number of words and phrases that are found in Shakespeare’s books can be attributed to Bacon’s notebook â€Å"Promus† which consists of hundreds and thousands of words and phrases that appeared for the first time in the English Language. (BBC UK) However, those who have argued that Bacon could not be Shakespeare have done so on the basis of the fact that Bacon himself has such a large collection of his own works, it is difficult to imagine that he would have had the time or the need to write under a different name. (Shakespeare Resource Center) The third contender is Edward De Vere, the 17th Earl of Oxford whose work has shown similarities to that of Shakespeare. His early verse and letters have been known to contain words and phrases similar to that of Shakespeare. Moreover, the content of Shakespeare’s plays and poems indicate an in-depth knowledge of key persons in Elizabeth’s court and events related to them. De Vere was known to posses this information. De Vere has been strongly advocated to be the true author of Shakespeare’s plays. Several scholars have highlighted the similarity between De Vere’s guardian William Cecil and the character of Polonius in Hamlet. (Shakespeare Resource Center) Similarly, De Vere once wrote s poem and a letter to introduce Cardamus Comfort, a book by Thomas Bedingfield and one of the most important source book for Shakespeare’s Hamlet. Another coincidence is the character of Malvolio in Shakespeare’s Twelfth Night which shows a striking resemblance to Christopher Hatton, a key enemy of De Vere. Thus, in many of Shakespeare’s plays and sonnets, one can find characters and events similar to De Vere’s real life. In fact, the plot and characters of Hamlet are so similar to De Vere’s life that some scholars have even gone so far as to say that the play is practically an autobiography of De Vere. (Shakespeare-Oxford) Although no play can be attributed to De Vere, his verse and letters show a distinct similarity to Shakespeare. Although no one has been able to give any definite proof of who out of the many contenders was indeed the true author of Shakespeare’s work, nevertheless this debate has been one of the most extensive in literary history. Whoever wrote Shakespeare’s works had to have extensive knowledge on a large variety of subjects including law, music, foreign languages, classics, sports, aristocratic manners etc. Nothing that is known about William Shakespeare indicates that he possessed all this information and knowledge. Similarly, Shakespeare’s connection with the theater was never clearly established and there was nothing to document his career as an actor such as any past roles or any plays that he might have performed in. Moreover, there are no clear and legible signatures that can be attributed to Shakespeare. Historically, there are six practically illegible signatures, each different from the other and each of them from the latter period of his life i. e. three on his will, one on a deposition, and two on some property documents. Not a single signature has been seen with any of his literature. (The Beginner’s Guide) Stratfordians have been consistently downplaying these debates and believe that since so many contenders have been considered to be the true Shakespeare, the notion is absurd to begin with. There cannot be so many possible candidates to substitute one person (approximately eight Elizabethans have been considered for this role) and thus there really is no logic for this premise and none of the so-called contenders are Shakespeare. (The Beginner’s Guide) Overall, there are several arguments which assert that Shakespeare did not write the plays and sonnets that have been attributed to him. He did not have the background or breeding to do so; did not have the education to write such lyrics and prose; did not have the depth his plays possess which only a University educated individual would have. Moreover, his name is spelt Shaksper on his birth certificate and the authenticity of his signatures has also been questioned. There is no reasonable explanation as to why he retired to Stratford at the peak of his career. There is also no logic of why he was not painted during his lifetime or the fact that his death entry in the registry lists him as a Gent instead of a dramatist, playwright or poet. The debate has never been concluded and one cannot be sure when or how it will. (The Authorship Controversy) Bibliography 1. Information about Shakespeare from the Shakespeare Resource Center. Available online at http://www. bardweb. net/debates. html 2. Gross, John. Will the Real Shakespeare Please Stand Up? Commentary, Vol. 119, March 2005

Pygmalion and Henry Higgins

Pygmalion and Henry Higgins The notetaker, primarily known as Henry Higgins, has a tendency to come off as being a jerk and really self centered. Since his profession is phonetics and speech, Higgins tends to have this mentality of him being better than everyone else and people who arent like him, arent worth his time. This causes Higgins to judge everyone he sees. The main person he focuses on is the flower girl, and is also known as Eliza Doolittle. Eliza was first seen on the side of the street selling herself, she wasnt the best dressed and she also didnt talk like a lady, so Higgins being the jerk that he is known for starts off degrading her as a person and treats her like she isnt valuable or worth of anyones time. The only reason why nobody has left him or has turned against him is, because in his heart he is good and a harmless man, but he biggest fault is being a bully. Relationships can capture such a great friendship between two people that could go on for years, but Higgins had the mindset that only focusing on himself was the most valuable thing in the world. In the beginning of Act 1, Higgins and Elizas relationship started to form. Although he had a slight tendency to come off as rude to her in the most negative ways, Higgins knew that his relationship with the flower girl would have to grow, because of the bet he made with Colonel Pickering that he could turn her into a lady before the garden party. Even though during the time Higgins was helping her, he would still treat the flower girl like she was worthless of everyones time. In Act IV, Higgins comes off as somewhat pleasant to the flower girl, making it seem as if his relationship changed throughout the play. As we get to the end of the play, Higgins has completely changed his mind about Eliza, he now realizes that, because of her, HIggins now looks at the world differently. Five minutes ago you were like a milestone around my neck. Now youre a tower of strength: a consort battleship. Higgins now believes that he is very proud of her, and he accepts the way she is. His relationship with Eliza did start off as unpleasant, and now that Higgins realizes that he does now respect Eliza, he wouldnt mind keeping her in his life as a long life friend. Relationships can be a beautiful thing between two people, but it all depends on how you view the world and how you value people. Some of our values and beliefs have a way of catching up to us in the end, they can often make us better as a person or make us turn into an unpleasant person for everyone to see. The way we value people, and what we believe as a person determines our actions towards certain individuals and situations that we get ourself in. Higgins, the notetaker, is influenced by his social class, and his beliefs as a person. The way Higgins was grown accustomed to acting the way he did, because of being raised in that type of environment, caused him to act a certain way towards people who are beneath him and superior to him. Although Higgins was somewhat of a bully, he still had a very good heart on his hands. As the play, Pygmalion, came to an end, Higgins learns that people are more than a social class, and also a social class does not determine your intelligence or the kind of person you turn out to be. Higgins believed that if you werent from the right social class, and you came of as unworthy, he wouldnt even give you the time of day, because he felt as if you didnt deserve it. In Act II, Higgins repeated, Shall we ask his baggage to sit down, or shall we throw her out the window? Higgins was not impressed with her or the way she dressed, he orders her away, because he had enough her Lisson Grove lingo. As time went on, and Higgins finally opened up his mind a little bit more, in Act V, he told Eliza I said id make a woman of you;and I have, I like you like this. His beliefs changed towards the end, and realized that not everything is about which social class youre from, it all depends on how good of a person you are. In conclusion to the play Pygmalion, the way Higgins perceives his roles, helped him grow as a person. He now has an open mindset to many different social classes, and how he looks at the world. He now has learned that not only does your social class not define you as a person, but he has also learned to actually get to know someone before he goes out and judges them.

A Patriarchal World Essay -- essays papers

A Patriarchal World John Bodnar says it well when he suggests that "the center of everyday life was to be found in the family-household. It was here that past values and present realities were reconciled, examined on an intelligible scale, evaluated and mediated." This assertion implies that the immigrant family-household is the vehicle of assimilation. I will take this assertion a step further and examine more specifically the powerful role of the patriarchal father within Anzia Yezierska's book Bread Givers and Barry Levinson's film Avalon. Yezierska's theme vividly depicts the constraint of a patriarchal world, while Levinson illustrates the process of assimilation and the immigrant, now American, family and its decline. In this paper, I will exemplify how the patriarchal father, Sam Kochinsky (Armin Mueller-Stahl) and Reb Smolinsky are the key determinant of the dynamics by which the family assimilates. In assimilation, you are said to conform to your surroundings. Assimilation is a process by which you reconcile the ideal with reality. Dealing with virtually three generations of an entire Jewish American immigrant experience, Levinson illustrates not necessarily the merging of two cultures, but possibly the tainting of authenticity, clouding (memories of) the familiar-the villain being the television. The happy community of extended family is, in the end, supplanted by the glowing idiot box that kills conversation and turns its suburban audience into zombies. In Yezierska's work, she epitomizes the struggle between the Old World and the New World. The patriarchal father, representing traditional Jewish ways, and Sara Smolinsky, the heroine, struggling against her father with the desire to reconcile with reality. In Bread Givers, Yezierska symbolically depicts Sara as the immigrant parting her ways as she embarks anew on the journey that was given to her when she arrived by which to transform her life-dealing with the daily transformation as she struggles to hold together the wants of society and her (families) authenticity in these days of deep troubles. The head of the family, Reb Smolinsky is an immovably Orthodox Jewish rabbi, who lives by the Holy Torah, and expects his family to do the same. His reign over the family reinforces Old World, traditional values and beliefs. Reb holds to the Torah belief that "if they [women] let... ...ggested an adaptation in the hopes that Jules would simply have a better life than that of a wallpaper-hanger. In putting television in place a New World, Levinson portrays how a cheap, gaudy, poor substitute somehow seduced and enraptured the family. Perhaps Levinson is saying that although it may be the easier to converge, assimilation is too costly. On the other hand, you have Reb whose stubborn beliefs and male superiority coupled with a passive wife allow him to claim control over his daughter's lives. Resentment is quite damaging and separates families as well. Either way you look at it the outlook is favorable for neither assimilation nor isolation. And so I conclude in saying that the patriarchal father has an especially important role and while he needs the strength found in Yezierska's character, Reb, (in order to hold the family together) he must also be willing to adapt to a changing reality. Immigration is neither a call for assimilation nor isolation. Indivi duality is important, but why resist change when you can better yourself in the process. Bibliography: Levinson, Barry. Avalon. 1990. Yesierska, Anzia. Bread Givers. Persea Books: New York, 1999.

Threatening Relationships in Carver’s Cathedral Essay -- Carver Cathed

Threatening Relationships in Carver’s Cathedral  Ã‚     Ã‚  Ã‚   Although many critics have written numerous accounts of Richard Carver’s "Cathedral" as being about revelation and overcoming prejudice, they have overlooked a very significant aspect: the unfolding of marital drama. The story tells of how a close outside friendship can threaten marriage by provoking insecurities, creating feelings of invasion of privacy, and aggravating communication barriers. The close outside friendship between the narrator’s wife and Robert, the blind man, provokes the narrator’s insecurities. This friendship has lasted for ten long years. During those years, they have exchanged countless voice tapes wherein they both tell each other what has happened in their respective lives. Because of this, the narrator feels that his wife has told Robert more than Robert needs to know. The narrator laments, "she told him everything or so it seemed to me" (1054). The narrator’s fear is somehow confirmed when Robert arrives and says that he feels like they have already met (1055). The narrator is left wondering what his wife has disclosed. This murky situation leaves the narrator feeling insecure, especially when he sees the warm interaction between his wife and Robert. The narrator’s insecurities unfold when it takes him almost five pages just to demonstrate how close the friendship is between his wife and Robert. It is as though he is justifying his irrational behavior or perhaps questioning if his wife could be secretly in love with Robert. The narrator assumes this because his wife only writes poems if something really important happens to her. He recalls that his wife never forgot that instant when Robert "touched his fingers to every part of her face... ...m. Ed. Thomas Volteler. Detroit: Gale Research, 1989. 23-28. Carver, Raymond. "Cathedral." The Harper Anthology of Fiction. Ed. Sylvan Barnet. New York: HarperCollins, 1991. 1052-1062. Eder, Richard. "Pain on the Face of Middle America." Contemporary Literary Criticism. Ed. Daniel G. Marowski. Detroit: Gale Research Publishing, Inc., 1986. 103. Works Consulted Robinson, Marilynne. " Marriage and other Astonishing Bonds." Contemporary Literary Criticism. Ed. Roger Matuz. Detroit: Gale Publishing Inc., 1989. 276-278. Weele, Michael Vander. "Raymond Carver and the language of Desire." Short Story Criticism. Ed. Thomas Volteler. Detroit: Gale Publishing Inc., 1989. 36-41. Yardley, Jonathan. " Raymond Carver’s American Dreamers." Contemporary Literary Criticism. Eds. Daniel Marowski and Roger Matuz. Detroit: Gale Research Inc., 1989. 63.      

Free Essays - The Mirage in The Great Gatsby :: Great Gatsby Essays

The Mirage in The Great Gatsby The Great Gatsby, written by F. Scott Fitzgerald, is a book of love and tragedy that all leads back to dreams and ideas, but never reality. Gatsby is a man of great wealth and is truly rich. Or is he? The Great Gatsby has many disguises that play a major role in several characters' lives, but mostly Gatsby's'. Gatsby believes that he will be very successful and get what he wants, including Daisy, if he is rich. He succeeded in getting money and living a life of luxury, but is never truly rich. He is always so set on the future and what things could be if this, or if that happens, that he never lives in the present. Because Gatsby never lives in the present, he ends up doing that permanently, and by the end of the book, he lives no more. When Gatsby was alive, he seemed never to be happy, because he was never satisfied with himself; Gatsby tried to change himself. He always tried to reach for his vision, which is represented by the green light, but never seemed to achieve it because he didn't ever live in the life he had; Gatsby lived in the life he wanted. F. Scott Fitzgerald uses green light to represent the unreachable dream in the future that is always being sought after and wanted by Gatsby, but never obtained. In The Great Gatsby, the green light is visible to many and always distant. To some, like Tom, it is just a light, but to others, like Gatsby, it is their hopeful future. As Tom said in chapter one, "I glanced seaward-and distinguished nothing except a green light, minute and far away, that might have been the end of the dock. When I looked once more for Gatsby he had vanished, and I was alone again in the unquiet darkness"(Gatsby 26). He saw a green light. That is all, just a light that may have been at the end of the dock. When Gatsby vanished, this represented him approaching and trying to attain the green light, which was his future he sought after and believed in. As Marius Bewley agrees, the green light represents his faith, "An image of that green light, symbol of Gatsby's faith, burns across the bay,"(Bewley 24).

Hrafnkel Trial Paper

Hrafnkel, in the eponymous Hrafnkel’s Saga, by modern standards would certainly be considered a ruthless murderer. However, it is necessary to take into consideration the time period and culture of this historic Scandinavian saga. The entirety of the Icelandic population was illiterate and as such the justice system established in 10th century Iceland was based mostly on a system of honor and violence. The laws of Iceland were not actually written down, but rather kept alive verbally. An oral oath was considered to be a legally binding contract.This system was a weak attempt at avoiding bloody feuds and altercations among the common people, amidst a governing system of honor and trust. Hrafnkel, the protagonist of Hrafnkel’s Saga, demonstrated this skewed justice system by asserting himself as a Chieftain and bringing wrath upon his enemies or anybody who crossed his word. Thus, when Einar broke his oral agreement with Hrafnkel, Einar essentially broke a legally binding contract and was consequently subject to the full penalty of their agreement.Therefore, Hrafnkel, who agreed to kill anybody who rode his beloved horse, Freyfaxi, was then not guilty in committing murder as he was not breaking any Icelandic laws and was simply committing to his contract with Einar. Hrafnkel’s murder of Einar was justified in a myriad of ways. Upon hiring Einar to be his sheepherder, Hrafnkel explicitly told him that he could ride any horse he pleased, but Freyfaxi: â€Å"But I must warn you against one thing: I want you never to ride this horse, however urgent the need may seem to you, for I’ve sworn an oath to kill anyone who rides him.† (40)In the era to which Hrafnkel lived, there were no such things as laws, government, policemen, or jails. People’s word was the law and when a verbal contract was broken, it was like breaking the law in a modern sense. Einar, clearly acknowledging this agreement, swore to abide by this and said he â⠂¬Å"would never be so wicked as to ride the one horse which was forbidden to him. † At this time in Icelandic culture, one who kept his word was held in high regard. Once again, Hrafnkel, reiterated the importance of an oral agreement and stated that â€Å"warning wards off blame.†Since Einar did indeed ride Freyfaxi, he was inevitably responsible for his own death. Even more so, Einar decided to ride Freyfaxi despite having several other horses to choose from; even though the other horses ran away he did not put any effort into mounting onto another horse. Einar’s murder was simply the ultimate punishment for his wrongdoing and breaking the law between Hrafnkel and him. One may begin to wonder why Hrafnkel had even subject Einar to such a preposterous and bizarre agreement. However, this agreement was not made in vain.Hrafnkel, had sworn an oath to dedicate half of Freyfaxi to the diety, Freyr, whom he loves above all others. Fundamentally, this meant only Freyr and Hrafnkel himself, were allowed to ride Freyfaxi. At the very start of the saga, Hrafnkel’s love for the god, Freyr was shown: â€Å"When Harnkel had settled at Adalbol, he had a large temple built and held great sacrifices to the gods. He loves Frey above all the other gods and gave him a half-share in all his best treasures. † (36) In fact, it is because of his intense affection for this god that Hrafnkell gained the title Freysgodi.As exemplified earlier, Freyr, played an extremely important part in the chieftain’s religion. Thus, Einar’s choosing to ride Freyfaxi was near sacrilegious in Hrafnkel’s eyes. Upon seeing a dirty and sweaty Freyfaxi, Hrafnkel considered the horse ill and abused, and promised to â€Å"avenge† his friend. Ultimately, even though Einar seemed like good hard-working man and Hrafnkel’s actions were harsh, Hrafnkel broke no laws while Einar broke the oral agreement, a legally binding contract, and harmed Freyfaxi.Primarily, just the breach of contract with Einar was enough justification to kill Einar, but even more so the culture of Iceland survived on a certain type of trust and honour system. It was this code of trust that gave Hrafnkel the authority and proper justification to kill Einar. If Einar was to be untrusted, this was the only way to ensure peace and order in the community. Furthermore, Hrafnkel even fulfilled the Icelandic duty to offer some kind of compensation for the grieving family. Hrafnkel’s compensation offer for food and items to Einar’s father, Thorbjorn, was extremely generous.In this respect, Hrafnkel was once again following the laws and traditions of Icelandic society. On another note, Hrafnkel was consindered to be the â€Å"hero† of Hrafnkel’s Saga. A saga according to multiple sources from the Internet is â€Å"a long story of achievement† and tells the â€Å"tales of worthy men. † In this sense, Hrafnkel can not be deemed guilty by his Icelandic people or readers. After close examination of the text of Hrankel’s Saga it is very clear that Hrafnkel was completely innocent in the killing of Einar. Based on 10th century Icelandic ideals on justice, Hrafnkel was able to punish Einar for breaking their oral agreement.In effect, by breaking this agreement, Einar was also breaking Hrafnkel’s sworn oath with the deity, Freyr, whom he shared Freyfaxi with. As cruel and insane Hrafnkel’s violence may seem under today’s standards, it was all justified under the Icelandic system of law. It is important to understand the civilization that had once existed rather than to judge the tale as a story of murder and dictatorship. In the proper light, Hrafnkel was a hero who upheld Icelandic tradition, law, and honor who in the process grew into a more understanding, respectable, and wealthier Chieftain.

Environmental Law

AN INTRODUCTION TO ENVIRONMENTAL LAW James Maurici, Landmark Chambers Introduction 1. This talk will look at: i. What is environmental law? ii. The sources of environmental law iii. Some key concepts in environmental law: the precautionary principle, the polluter pays, public participation and access to environmental justice iv. An introduction to the main areas of environmental law: a. air quality b. climate change c. contaminated land d. noise e. environmental permitting f. waste g. ater h. nature conservation i. nuisance j. environmental impact assessment k. strategic environmental assessment l. REACH v. Some recent important environmental cases. 2. Further reading: the best introduction to the subject is the excellent Bell & McGillivray, Environmental Law (OUP, 7th ed. , 2008). What is environmental law? 3. There is no agreement on what environmental law is. This is a source of endless (academic) debate. 4. What is the â€Å"environment†? Some legal definitions †¦ i. S. (2) of the Environmental Protection Act 1990 (â€Å"the EPA 1990†) â€Å"The â€Å"environment† consists of all, or any, of the following media, namely, the air, water and land; and the medium of air includes the air within buildings and the air within other natural or man-made structures above or below ground. † ii. Environmental Management Standard ISO 14001 â€Å" †¦ air, water, land, natural resources, flora, fauna, humans and their interrelationship †¦Ã¢â‚¬ ; iii. See also Annex I to the Aarhus Convention, of which more later †¦ 1 5. A â€Å"new† subject, underdeveloped? see â€Å"Maturity and methodology: starting a debate about environmental law scholarship† Fisher, Lange, Scotford and Carlarne, J. Env. L. (2009) 21(2), 213-250. Fundamental questions about environmental law: i. Christopher Stone, â€Å"Should Trees Have Standing? : Towards Legal Rights for Natural Objects† (1972) Southern California LR 450-501; ii. Wild Law? The term â€Å"wild law† was first coined by Cormac Cullinan, a lawyer based in Cape Town, South Africa (Wild Law: A Manifesto for Earth Justice, Green Books, Totnes, Devon, 2003): see http://www. ukela. org/rte. asp? d=5 and â€Å"On thin ice – Could ‘wild laws' protecting all the Earth's community – including animals, plants, rivers and ecosystems – save our natural world? â€Å", by Boyle and Elcoate (The Guardian, 8 November 2006) – the idea is â€Å"Fish, trees, fresh water, or any elements of the environment, †¦ having legal rights† which can be vindicated by local communities (http://www. guardian. co. uk/environment/2006/nov/08/ethicalliving. society). Environmental law has many aspects: i. Private law: tort – especially nuisance (public and private), and also property law; ii. Public law – state regulation: a. Setting standards: water quality, air quality; b. equiring authorisation of activities – town planning, environmental permitting; c. Prescribing procedures to be carried out – EIA, SEA; – nature d. Identifying land or species that must be protected conservation, Sites of Special Scientific Interest (â€Å"SSSIs†), the Green Belt, AONBs etc; e. Banning activities – fly tipping; f. Creating civil liability – contaminated land regime (see below); the Environmental Liability Directive 2004/35 implemented by the Environmental Damage (Prevention and Remediation) Regulations 2009 (http://www. defra. gov. uk/environment/policy/liability/) etc. iii. Criminal law: environmental crime: a.Numerous offences in many Acts; b. Environment Agency (formerly National Rivers Authority) v Empress Car Co [1999] 2 A. C. 22: unknown person opened the unlockable tap of a diesel tank kept by Empress in a yard which drained directly into a river, with the result that the contents of the tank overflowed and drained into the river's waters. Empressâ€⠄¢s conviction for causing poisonous, noxious or polluting matter to enter controlled waters contrary to the Water Resources Act 1991 s. 85(1) on a prosecution brought by the NRA upheld by HL; 6. 7. 2 c. See the Environment Agency’s prosecution guide: http://www. nvironmentagency. gov. uk/business/444217/444661/112913/? version=1&lang=_e d. A new approach: The Regulatory Enforcement and Sanctions Act 2008 (â€Å"RESA 2008†) – main provisions brought into force 1 October 2008. The Act gives Government the power to give regulators, including local authorities, the Environment Agency, Natural England, English Heritage, the Countryside Council for Wales and others range of new enforcement powers (called â€Å"civil sanctions†). The Act was a response to a review by Richard Macrory1 that criticised the heavy reliance of most areas of regulation on criminal sanctions.The civil sanctions introduced are intended to provide regulators with an alternative to prosec utions and formal cautions. The intention is that the new sanctions will create a more proportionate regulatory framework, and reduce the administrative burden for regulators and businesses alike. 1. The civil sanctions created by RESA 2008 include: a. fixed monetary penalties in respect of relevant offences (ss. 39-41); b. discretionary requirements which may include variable monetary penalties, compliance requirements, and restoration requirements (ss. 42-45); c. top notices, which prohibit a regulated person from carrying on a particular activity (ss. 46-49); d. enforcement undertakings, whereby regulated persons avoid the effects of other civil sanctions by undertaking to take certain actions (s. 50). 2. The actual schemes for these civil sanctions are to be made by the relevant government departments in respect of the matters falling within their respective competences. RESA 2008 simply provides the statutory basis for such enforcement mechanisms. In the environmental context, the Environment Agency and Natural England are the first to be given powers under RESA.The Environmental Civil Sanctions (England) Order 2010 and the Environmental Sanctions (Misc. Amendments) (England) Regulations 2010 have now been laid before Parliament. The Welsh Assembly Government is drawing up co-ordinated secondary legislation in Wales to extend civil sanctioning powers to the Environment Agency in Wales. 3. The Environment Agency press release on 3 February 2010 says â€Å"The Environment Agency will be consulting business from 15 February 2010 to help shape how the new powers will be implemented†. The Orders provide further detail on the level of the penalties to be provided for: 1R Macrory â€Å"Regulatory Justice: Making Sanctions Effective† Cabinet Office November 2006 3 4. 5. 6. 7. a. In relation to fixed monetary penalties, the level of penalty is set at between ? 100 – ? 300 (Para. 3, Sch. 1); b. In relation to variable monetary penalties, no max imum level is set by the RESA 2008, save that where the offence is triable only summarily, the penalty must not exceed the maximum amount for that fine (Para. 4, Sch. 2). An example case in the DEFRA consultation proposes a variable monetary penalty of ? 38,500 for a water pollution incident as a result of poor site maintenance.The Environmental Civil Sanctions (England) Order 2010 though sets a maximum limit of ? 250,000. RESA 2008 provides that the regulator may only impose a monetary penalty in respect of a relevant offence where it is â€Å"satisfied beyond reasonable doubt† that the subject of the penalty has committed the relevant offence (s 39(2); s. 42(2)). Both fixed and discretionary monetary penalties are to be imposed by the service of a â€Å"notice of intent† to impose a penalty, which affords the subject of the penalty an opportunity to make representations to the regulator.If the person fails to convince the regulator that the penalty should not be issu ed (or perhaps that the amount of the penalty should be reduced), the regulator will then issue a final notice requiring the payment of a penalty. Where a fixed or variable monetary penalty is imposed on a person, or when a notice of intent is served, criminal proceedings cannot be taken in respect of that person (ss 41, 44). As such, the monetary penalty is intended to replace the criminal offence. Stop notices are notices issued by a regulator with the intention of prohibiting a person from carrying on a certain activity until the steps pecified in the notice have been taken. They can be imposed where the regulator reasonably believes that an activity (presently occurring or likely to occur) is causing, or presents a significant risk of causing, serious harm to human health, the environment, and the financial interests of consumers, and the regulator reasonably believes that the activity as carried on involves or is likely to involve the commission of a relevant offence (s 46(4)). Persons receiving a final notice, or a stop notice, have a right of appeal.That right of appeal must allow the subject of the penalty to challenge the decision on (at least) the following bases – see RESA 2008: a. That the decision to impose the penalty was based on an error of fact; b. That the decision was wrong in law; 4 c. That the decision was unreasonable (and in the case of variable penalties, that the amount of the penalty was unreasonable); d. In relation to stop notices only, that the person has not committed the offence and would not have committed the offence if the stop notice was not served. 8.In common with the other civil sanctions, the appeal is made to the new Regulatory Chamber of the First-tier Tribunal created under the Tribunals, Courts and Enforcement Act 2007. RESA 2008 itself contains no indication of what level of scrutiny the Tribunal will apply to a decision of a regulator. On the face of the Act, it is not clear whether it should apply a Wednesbu ry test, or whether it should (in effect) retake the decision. However, the draft Order provides that â€Å"the regulator must prove the commission of the offence beyond reasonable doubt† on appeal and that â€Å"the tribunal must determine the standard of proof in any other matter†.An appeal from the First-tier Tribunal is to the Upper Tribunal on a point of law only. 9. Article 6 issues: see Rethinking regulatory sanctions: Regulatory Enforcement and Sanctions Act 2008 – an exchange of letters E. L. M. 2009, 21(4), 183-18. iv. EC law: generally said 80% of environmental law in UK derives from EU – see below. v. International law: see further below, increasingly important. 8. Planning law: is planning law part of environmental law? Yes, undoubdetly. But beyond this talk to consider: see Moore A Practical Approach to Planning Law (10th ed, OUP).Who are the regulators? i. Central Government: Defra, DCLG, DECC but also DfT, BERR; ii. Local Government: histo rical role in public health protection. Now: Town & Country Planning, EPA 1990 (statutory nuisance); noise; also air quality and management and contaminated land (for non-special sites). Also a regulator under Environmental Permitting Regulations 2007 (soon to be 2010, â€Å"the EPR†) for certain installations; iii. The Environment Agency: an executive non-departmental government body, principal environmental regulator in England & Wales.Responsible for: environmental permitting, water resources, flooding and coast management, waste, emissions trading. 13,000 employees. In Scotland SEPA; iv. Natural England: merger of English Nature and Countryside Agency responsible for nature conservation, species and habitat protection, National Parks, Countryside and Rights of Way Act. CCW similar role in Wales. In Scotland Scottish National Heritage; v. Others: Maritime and Coastguard Agency; Drinking Water Inspectorate; Nuclear Installations Inspectorate. 5 9. The sources of environment al law (1) International Environmental Law 10.Important – direct influence on domestic law, but also on EC law and through that domestic law. 11. Some examples: the 1979 Geneva Convention on Long-Range Transboundary Pollution, the Kyoto Protocol, and the Aarhus Convention (see below). 12. Illustrate importance of International Law by reference to the UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (â€Å"the Aarhus Convention†). The Aarhus Convention entered into force in October 2001. It was ratified by the UK in February 2005, and by the EU in the same month.As of 8 September 2009, there were 43 Parties to the Convention. 13. Article 1: In order to contribute to the protection of the right of every person of present and future generations to live in an environment adequate to his or her health and well being, each Party shall guarantee the rights of access to information, public partici pation in decision making, and access to justice in environmental matters in accordance with the provisions of this Convention. 14. The Convention contains three broad themes or ‘pillars': i. access to environmental nformation (Articles 4 -5); ii. public participation in environmental decision-making (Articles 6 -8); and iii. access to justice in environmental matters (Article 9). 15. Former United Nations Secretary-General Kofi Annan said â€Å"Although regional in scope, the significance of the Aarhus Convention is global. It is by far the most impressive elaboration of principle 10 of the Rio Declaration, which stresses the need for citizens' participation in environmental issues and for access to information on the environment held by public authorities.As such it is the most ambitious venture in the area of environmental democracy so far undertaken under the auspices of the United Nations† (emphasis added). 16. It has had, and continues to have a profound impact on the development of EC and UK environmental law. 17. Access to environmental information: i. the Environmental Information Regulations 2004 (SI 2004/3391) (â€Å"the EIR†); ii. implements Directive 2003/4/EC on public access to environmental information (â€Å"EI Directive†). The EI Directive repealed the earlier Directive 90/313/EEC and was intended to give effect to the Aarhus Convention. 6 18.The EIR apply to â€Å"environmental information†, which is defined in regulation 2 in the following way: â€Å"â€Å"environmental information† has the same meaning as in Article 2(1) of the Directive, namely any information in written, visual, aural, electronic or any other material form on– (a) the state of the elements of the environment, such as air and atmosphere, water, soil, land, landscape and natural sites including wetlands, coastal and marine areas, biological diversity and its components, including genetically modified organisms, and the inter action among these elements; (b) factors, such as substances, energy, noise, radiation or waste, including radioactive waste, emissions, discharges and other releases into the environment, affecting or likely to affect the elements of the environment referred to in (a); (c) measures (including administrative measures), such as policies, legislation, plans, programmes, environmental agreements, and activities affecting or likely to affect the elements and factors referred to in (a) and (b) as well as measures or activities designed to protect those elements; (d) reports on the implementation of environmental legislation; e) cost-benefit and other economic analyses and assumptions used within the framework of the measures and activities referred to in (c); and (f) the state of human health and safety, including the contamination of the food chain, where relevant, conditions of human life, cultural sites and built structures inasmuch as they are or may be affected by the state of the e lements of the environment referred to in (a) or, through those elements, by any of the matters referred to in (b) and (c)† 19. As is clear from the EIR, that definition replicates that in the EI Directive, which in turn is in similar terms to the definition of environmental information in the Aarhus Convention. The ECJ has treated â€Å"environmental information† as having a broad meaning under Directive 90/313/EEC.In Case C-321/96 Mecklenburg v Kreis Pinneberg – Der Landrat [1998] ECR I-3809, the ECJ found the wording of the definition (albeit different from that in the present version of the EI Directive) to create a broad concept of what can constitute environmental information. 20. A broad interpretation of the meaning of environmental information is also advocated by the Information Commissioner’s Office (â€Å"ICO†), see http://www. ico. gov. uk/what_we_cover/environmental_information_regulation/guida nce. aspx. Requests falling under the EIR must be dealt with under those regulations and not as an FOIA request. NB the procedures and exemptions are different. 21.The Supreme Court in Office of Communications v Information Commissioner [2010] UKSC 3 referred to ECJ the following question: â€Å"Under Council Directive 2003/4/EC , where a public authority holds environmental information, disclosure of which would have some adverse effects on the separate interests served by more than one exception (in casu, the interests of public security served by article 4(2(b) and those of intellectual property rights served by article 4(2)(e)), but it would not do so, in the case of either exception viewed separately, to any extent sufficient to outweigh the public interest in disclosure, does the Directive require a further exercise involving the cumulation of the separate interests served by the two exceptions and their weighing together against the public interest in disclosure? †. The information requested relates to the pr ecise location of mobile phone base stations in the United Kingdom. 7 22. For other cases touching on the EIR: see Veolia ES Nottinghamshire Ltd v Nottinghamshire CC [2010] Env. L. R. 2 and the BARD case discussed in the Annex below. 23. Public participation in environmental decision-making: In R(Greenpeace Ltd) v Secretary of State for Trade and Industry [2007] Env. L. R. 29 (a challenge to the consultation process in relation to new build nuclear) Sullivan J said: â€Å"49. Whatever the position may be in other policy areas, in the development of policy in the environmental field consultation is no longer a privilege to be granted or withheld at will by the executive. The United Kingdom Government is a signatory to the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (the Aarhus Convention).The Preamble records the parties to the Convention: â€Å"Recognizing that adequate protection of the environment is essential to human wellbeing and the enjoyment of basic human rights, including the right to life itself, Recognizing also that every person has the right to live in an environment adequate to his or her health and well-being, and the duty, both individually and in association with others, to protect and improve the environment for the benefit of present and future generations, Considering that, to be able to assert this right and observe this duty, citizens must have access to information, be entitled to participate in decision-making and have access to justice in environmental matters, and acknowledging in this regard that citizens may need assistance in order to exercise their rights, Recognizing that, in the field of the environment, improved access to information and public participation in decision-making enhance the quality and the implementation of decisions, contribute to public awareness of environmental issues, give the public the opportunity to express its concerns and enable public authorities to take due account of such concerns Aiming thereby to further the accountability of and transparency in decision-making and to strengthen public support for decisions on the environment, †¦Ã¢â‚¬  50 Article 7 deals with â€Å"Public Participation concerning Plans, Programmes and Policies relating to the Environment†. The final sentence says: â€Å"To the extent appropriate, each Party shall endeavour to provide opportunities for public participation in the preparation of policies relating to the environment. † 51 Given the importance of the decision under challenge—whether new nuclear build should now be supported—it is difficult to see how a promise of anything less than â€Å"the fullest public consultation† would have been consistent with the Government's obligations under the Aarhus Convention †¦Ã¢â‚¬ . 24.See also what Lord Hoffmann said on public participation in the context of EIA in Berkeley (see below ). 25. Access to justice in environmental matters: Article 9 requires that members of the public have access to a review procedure before a court of law and/or another independent and impartial body established by law, to challenge the substantive and procedural legality of environmental decision-making. Article 9(4) requires that the procedures for rights of access to justice in environmental matters shall â€Å"provide adequate and effective remedies, including injunctive relief as appropriate, and be fair, equitable, timely, and not prohibitively expensive†.In recent times the key issue in England & Wales has been the â€Å"not prohibitively expensive† requirement: see below. 8 26. What is the status of the Aarhus Convention? i. It is an international convention, and the parties to the convention have established a Compliance Committee that can investigate alleged instances of non-compliance. There are currently three complaints relating to the UK in which decisions are awaited: a. ACCC/C/2008/27: this is a complaint brought by the Cultra Residents’ Association, County Down. The Association was one of five who were applicants in judicial review proceedings brought in the High Court in Northern Ireland.The judicial review proceedings related to the expansion of City Airport in Belfast. The proceedings were dismissed as being premature (Kinnegar Residents’ Action Group & Ors, Re Judicial Review [2007] NIQB 90 (7 November 2007)). The Department’s costs were awarded against the applicants in the sum of ? 39,454. The Association alleged that the award of costs violated its rights under Article 9 of the Aarhus Convention. b. ACCC/C/2008/23: this arises out of the Morgan v Hinton Organics case considered below. A summary of that case records the complaint as being that the communicants â€Å"rights under article 9, paragraph 4, of the Convention were violated when they were ordered to pay costs amounting to approximately ? 5,000 , which, in the opinion of the communicants, is prohibitively expensive. The costs order was issued following a discharge of an interim injunction obtained by them earlier in private nuisance proceedings for an injunction to prohibit offensive odours arising from Hinton Organics (Wessex) Ltd operating a waste composting site. The communicants allege that the issuing of the costs order by the Court, in circumstances where one month before it had agreed and made an order that there was a serious issue to be tried and that the Claimants should enjoy interim injunctive relief, amounts to non-compliance with article 9, paragraph 4, of the Convention†. c.A third communication concerning the UK has been brought Mr. James Thornton, the CEO of ClientEarth. The complaint there is that the â€Å"law and jurisprudence of the [UK] fail to comply with the requirements of article 9, paragraphs 2 to 5, in particular in connection with restriction on review of substantive legality in the cour se of judicial review, limitations on possibility for individuals and NGOs to challenge act or omissions of private persons which contradict environmental law, prohibitive nature of costs related to access to justice and uncertain and overly restrictive nature of rules related to time limits within which an action for judicial review can be brought†. ii.The status of the Convention in the domestic law of the UK was recently considered by the Court of Appeal of England & Wales in Morgan v Hinton Organics (Wessex) Ltd [2009] C. P. Rep. 26 – see further below. Carnwath LJ explained (see para. 22) that â€Å"[f]or the purposes of domestic law, the convention has the status of an international treaty, not directly incorporated. Thus its provisions cannot be directly applied by domestic courts, but may be 9 taken into account in resolving ambiguities in legislation intended to give it effect (see Halsbury’s Laws Vol 44(1) Statutes para. 1439))†. iii. The EC dime nsion: The EU itself has ratified the Aarhus Convention.As a result its institutions can take enforcement action against Member States for non-compliance. Indeed the provisions of Article 9 of the Aarhus Convention concerning access to justice have been inserted into two key EC environmental directives. Article 10A of the 1985 EC Directive on Environmental Impact Assessment (â€Å"EIA†) provides that Member States must ensure that members of the public have access to a review procedure before a court of law or other independent body to challenge the substantive or procedural decisions, acts or omissions subject to the public participation provisions of the Directive, and that â€Å"any such procedure shall be fair, equitable, timely, and not prohibitively expensive†.Directive 96/61/EC on Integrated Pollution Prevention and Control (â€Å"IPPC†), which provides for a consent system for a wide range of industrial activities, is similarly amended with a new Article 15a, which also provides that procedures for legal challenges must be fair, equitable, timely, and not prohibitively expensive. Also: a. The requirements of Article 9 have been recently considered by the ECJ: Case C? 427/07 Commission v Ireland 17 July 20092; b. It is well known that in 2006 CAJE (Capacity Global, Friends of the Earth, the Royal Society for the Protection of Birds and WWF) complained to the EC Commission about UK non-compliance with Aarhus in particular as regards the â€Å"not prohibitively expensive† obligation. A Letter of Formal Notice was sent to the UK in December 2007.It is understood that the Commission is currently considering whether to issue the UK with a Reasoned Opinion. It is said in Morgan v Hinton Organics that the Commission decision was awaiting the Sullivan Report (www. wwf. org. uk/filelibrary/pdf/justice_report_08. pdf, see below) This arose in the context of infraction proceedings against the Republic of Ireland. In the proceedings it w as alleged, inter alia, that Ireland had failed to transpose requirements in Article 10a of the EIA Directive and Article 15a of the IPPC Directive by ensuring that procedures for access to justice in respect of decisions made under those Directives were not prohibitively expensive.The Commission complained that â€Å"there is no applicable ceiling as regards the amount that an unsuccessful applicant will have to pay, as there is no legal provision which refers to the fact that the procedure will not be prohibitively expensive†. The ECJ concluded that: â€Å"92. As regards the fourth argument concerning the costs of proceedings, it is clear †¦ that the procedures established in the context of those provisions must not be prohibitively expensive. That covers only the costs arising from participation in such procedures. Such a condition does not prevent the courts from making an order for costs provided that the amount of those costs complies with that requirement. 3 Alth ough it is common ground that the Irish courts may decline to order an unsuccessful party to pay the costs and can, in addition, order expenditure incurred by the unsuccessful party to be borne by the other party, that is merely a discretionary practice on the part of the courts. 94 That mere practice which cannot, by definition, be certain, in the light of the requirements laid down by the settled case-law of the Court, †¦ cannot be regarded as valid implementation of the obligations arising from [the EIA and IPPC Directives]† 2 10 and the UK’s response to it. This is because the UK Government had indicated in would respond to the Sullivan Report. It then did not do so.The first public response to the Sullivan Report came in the form of the submissions of the UK to the Aarhus Compliance Committee in the Cultra Residents Association communication and related communications (see above). Some of the correspondence between the Commission and the UK is recorded in the judgment in Morgan (see below) as is correspondence between the Aarhus compliance authorities and the UK. 27. The influence of Aarhus in the English Courts: there have been numerous cases in England & Wales that have made reference to the Aarhus Convention in the costs context. The most common context in which this consideration has arisen is in respect of applications for a protective costs order or PCO – about which much more below. 28. The first time that Aarhus was mentioned by the Courts of England & Wales was in R. Burkett) v Hammersmith and Fulham LBC (Costs) [2004] EWCA [2005] C. P. Rep. 113. Since then Aarhus been at the forefront of the liberalisation of the PCO case-law. The restrictive approach evident in the (non-environmental cases) of R (Corner House Research) v. Secretary of State for Trade and Industry [2005] 1 WLR 2600 and R (Goodson) v Bedfordshire & Luton Coroner [2006] C. P. Rep. 6 has been relaxed and Aarhus has been at the forefront of this: The Court o f Appeal in an addendum to their judgment having referred to the requirement in the Aarhus Convention that judicial procedures in environmental law â€Å"not be prohibitively expensive† said: â€Å"75.A recent study of the environmental justice system (â€Å"Environmental Justice: a report by the Environmental Justice Project†, sponsored by the Environmental Law Foundation and others) recorded the concern of many respondents that the current costs regime â€Å"precludes compliance with the Aarhus Convention†. It also reported, in the context of public civil law, the view of practitioners that the very limited profit yielded by environmental cases has led to little interest in the subject by lawyers â€Å"save for a few concerned and interested individuals†. It made a number of recommendations, including changes to the costs rules, and the formation of a new environmental court or tribunal. 76. †¦. f the figures revealed by this case were in any sens e typical of the costs reasonably incurred in litigating such cases up to the highest level, very serious questions would be raised as to the possibility of ever living up to the Aarhus ideals within our present legal system. †¦ 77. Equally disturbing, perhaps, is the fact that this large expenditure on Mrs Burkett’s behalf has not, as far as we know, yielded any practical benefit to her or her neighbours. †¦ 80. We would strongly welcome a broader study of this difficult issue, with the support of the relevant government departments, the professions and the Legal Services Commission. However, it is important that such a study should be conducted in the real world, and should look at the issue not only from the point of view of the lawyers involved, but also taking account of the likely practical benefits to their clients and the public.It may be thought desirable to include in such a study certain issues that relate to a quite different contemporary concern (which did not arise on the present appeal), namely that an unprotected claimant in such a case, if unsuccessful in a public interest challenge, may have to pay very heavy legal costs to the successful defendant, and that this may be a potent factor in deterring litigation directed towards protecting the environment from harm. † 3 11 i. R (England) v LB of Tower Hamlets [2006] EWCA Civ 1742 – restrictive approach to â€Å"no private interest† not applicable in environmental context, Carnwath LJ refers to Aarhus; ii. May 2008 the report of the Working Group on Access to Environmental Justice Ensuring access to environmental justice in England and Wales chaired by Sullivan J. – Aarhus central to this report and report itself sience driven the case-law; iii.R (Compton) v Wiltshire Primary Care Trust; [2008] CP Rep 36 – a nonenvironmental case but Court of Appeal in relaxing requirements refers to Aarhus and the Sullivan Report; iv. Further consideration in R (Buglife) v Thurrock Thames Gateway Development Corporation [2009] C. P. Rep. 8 – environmental case further considering criteria for grant of a PCO; v. Morgan v Hinton Organics (Wessex) Ltd – see above, further relaxation and citation of Aarhus; vi. Aarhus features prominently in Jackson Report – recommendation for judicial review generally and environmental cases for qualified one way costs shifting. (2) EC law 29. Hugely important – all environmental lawyers must be EC lawyers. 30. The TEU: i.Article 4: the environment an area of shared competence: EC and Member States; ii. Article 11(ex Article 6 TEC): â€Å"Environmental protection requirements must be integrated into the definition and implementation of the Union policies and activities, in particular with a view to promoting sustainable development†; iii. Article 114(3) (ex Article 95 TEC): â€Å"The Commission, in its proposals envisaged in paragraph 1 concerning †¦ environmental prot ection †¦ will take as a base a high level of protection, taking account in particular of any new development based on scientific facts. Within their respective powers, the European Parliament and the Council will also seek to achieve this objective†; iv.Article 191 – 193 (ex Articles 174 – 176 TEC) â€Å"Article 191 (ex Article 174 TEC) Union policy on the environment shall contribute to pursuit of the following objectives: — preserving, protecting and improving the quality of the environment, — protecting human health, — prudent and rational utilisation of natural resources, — promoting measures at international level to deal with regional or worldwide environmental problems, and in particular combating climate change. 2. Union policy on the environment shall aim at a high level of protection taking into account the diversity of situations in the various regions of the Union. It shall be based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay. †¦ 3.In preparing its policy on the environment, the Union shall take account of: — available scientific and technical data, — environmental conditions in the various regions of the Union, 12 — the potential benefits and costs of action or lack of action, — the economic and social development of the Union as a whole and the balanced development of its regions. †¦ Article 192 (ex Article 175 TEC) 1. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee and the Committee of the Regions, shall decide what action is to be taken by the Union in order to achieve the objectives referred to in Article 191. 2.By way of derogation from the decision-making procedure provided for in paragraph 1 a nd without prejudice to Article 114, the Council acting unanimously in accordance with a special legislative procedure and after consulting the European Parliament, the Economic and Social Committee and the Committee of the Regions, shall adopt: (a) provisions primarily of a fiscal nature; (b) measures affecting: — town and country planning, — quantitative management of water resources or affecting, directly or indirectly, the availability of those resources, — land use, with the exception of waste management; (c) measures significantly affecting a Member State’s choice between different energy sources and the general structure of its energy supply. The Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, the Economic and Social Committee and the Committee of the Regions, may make the ordinary legislative procedure applicable to the matters referred to in the first subparagraph. 3. General action prog rammes setting out priority objectives to be attained shall be adopted by the European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee and the Committee of the Regions.The measures necessary for the implementation of these programmes shall be adopted under the terms of paragraph 1 or 2, as the case may be. 4. Without prejudice to certain measures adopted by the Union, the Member States shall finance and implement the environment policy. 5. Without prejudice to the principle that the polluter should pay, if a measure based on the provisions of paragraph 1 involves costs deemed disproportionate for the public authorities of a Member State, such measure shall lay down appropriate provisions in the form of: — temporary derogations, and/or — financial support from the Cohesion Fund set up pursuant to Article 177.Article 193 (ex Article 176 TEC) The protective measures adopted pur suant to Article 192 shall not prevent any Member State from maintaining or introducing more stringent protective measures. Such measures must be compatible with the Treaties. They shall be notified to the Commission. † 31. Numerous Directives (as well as Regulations and Decisions) on environmental law will look at a number below but some examples: i. The Environmental Liability Directive 2004/25; ii. The Environmental Impact Assessment Directive; iii. The Waste Framework Directive; iv. Directive 2000/60 establishing a framework for EC action in the field of water policy. 32. Decisions of the ECJ: hugely important – purposive approach to interpretation especially visible in environmental context. A classic example is in relation to EIA 13Directive â€Å" †¦ the Court has frequently pointed out that the scope of Directive 85/337 is wide and its purpose very broad†. 33. Why EC law so important? Directly effective, and supreme! 34. And there is a further matter – Francovich liability and Kobler †¦ In Cooper v Attorney General [2008] 3 C. M. L. R. 45 Plender J. dismissed the first claim brought in the UK for damages, pursuant to the ECJ’s decision in Case C-224/01 Kobler v Republik Osterreich [2003] ECR I-10239. In that case the ECJ held that a Member State may be answerable in damages for failures by its courts of final instance to give effect to EC law, where the failure amounts to a sufficiently serious breach of EC law.The case arises out of what are alleged to have been sufficiently serious/manifest errors of EC law by the Court of Appeal when dismissing judicial review proceedings commenced by Stephen Cooper and the other then trustees of the CPRE London Branch in October 1999 in respect of the Westfields development: see R. v London Borough of Hammersmith and Fulham [2000] 2 C. M. L. R. 1021; [2000] Env. L. R. 549 and [2000] Env. L. R. 532. In dismissing the claim for judicial review the Court of Appeal’s r easoning was in part based on: (i) a finding that EIA could not be required at the reserved matters stage of the planning permission procedure; and (ii) that the EIA Directive did not require the Council to revoke a permission if it was granted in breach of the EIA Directive.Both findings have in effect been subsequently been overruled by the ECJ: see R (Wells) v Secretary of State for Transport, Local Government and the Regions, [2004] ECR I-723 on 7 January 2004; Case C-508/03 Commission v UK (Article 226 (as was) EC proceedings involving, inter alia, Westfields shopping centre); C-590/03 Barker and the House of Lords decision in Barker [2007] 1 AC 470. 35. As well as dismissing the judicial review in 2000 the Court of Appeal awarded against the trustees of the CPRE two sets of costs. The Kobler damages claimed were the recovery of those costs. Plender J. concluded that the case fell â€Å"far below the standard required to constitute a manifest infringement of the applicable law so as to give rise to a claim for damages†.He said: â€Å"[a]ny contention that a court adjudicating at last instance can be said to have made a manifest error of Community law when its judgment is, in some respect, inconsistent with a later judgment of the ECJ is as misconceived as it is inconsistent with the judgment in Kobler. Community law is a system in the process of constant development. This is recognized in the many judgments of the ECJ that refer to â€Å"the subsequent development of Community law applicable to this domain† (see most recently Case C 375/05, Erhard Geuting v Direktor der Landwirtschaftskammer Nordrhein-Westfalen fur den Bereich Landwirtschaft, 4th October 2007,  § 18. ) This being the case, inconsistencies between national decisions and subsequent judgments of the Court of Justice can be expected to arise.Claims based on the Kobler case are to be reserved for exceptional cases, involving errors that are manifest; and in assessing whether t his is the case, account must be taken of the specific characteristics of the judicial function, which entails the application of judgment to the interpretation of provisions capable of bearing more than one meaning. † 36. The Court of Appeal decision awaited, other Kobler damages claims – all in environmental cases pending †¦ 14 (3) Domestic law 37. Primary legislation: the ever growing nature of environmental law: i. 2008: the Climate Change Act 2008; Energy Act 2008, Planning and Energy Act 2008, the Planning Act 2008; Regulatory Enforcement and Sanctions Act 2008; ii. 2009: Green Energy (Definition and Promotion) Act 2009; Marine and Coastal Access Act 2009; iii. 010: Climate Change (Sectoral Targets) Bill; the Consumer Emissions (Climate Change) Bill; the Development on Flood Plains (Environment Agency Powers) Bill; the Energy Bill; the Environmental Protection (FlyTipping Reporting) Bill; Flood and Water Management Bill. 38. Most EC Directives transposed via secondary legislation via EC Act: Westlaw suggests that 596 statutory instruments concerned with the environment have been made since 1 January 2008! 39. Guidance, policies etc: â€Å"soft law† – voluminous in environmental law. 40. Case-law: environmental law occupies Courts from Magistrates Courts to the House of Lords: i. Recent environmental cases before the House of Lords include: R. (Edwards) v Environment Agency (No. 2) [2008] 1 W. L. R. 1587 and Wasa International Insurance Co Ltd v Lexington Insurance Co [2009] 3 W. L. R. 575.And again to illustrate how broad is environmental law: the first was a judicial review challenge to the grant of a pollution prevention control permit to allow the burn shredded and chipped tyres as a partial substitute fuel in cement kilns in Rugby and the second was about the construction and choice of law for a reinsurance contract concerned with environmental damage clean up. ii. Magistrates Court decisions in environmental cases can end up before the ECJ: see Case C-252/05 R. (Thames Water Utilities Ltd) v Bromley Magistrates' Court [2007] 1 W. L. R. 1945 (on the meaning of waste). 41. There have over the years been calls for the setting up of a specialist environmental court, see: H Woolf: ‘Are the Judiciary Environmentally Myopic? (1992) 4 Journal of Env Law 1; Professor Malcolm Grant’s Environmental Court Project: Final Report (2000, DETR) and R Macrory & M Woods Modernising Environmental Justice – Regulation and the Role of the Environmental Tribunal (UCL London, 2003). (4) the interface with human rights 42. The European Convention on Human Rights does not have any explicit environmental rights but there is a growing body of case-law – Article 8, (also Articles 2 and 3): i. Lopez Ostra v Spain 20 EHRR 277 ii. Guerra and others v Italy 26 EHRR 357; 15 iii. S v France 65 DR 250; iv. Hatton v United Kingdom (2003) 37 E. H. R. R. 28. Some key concepts in Environmental law 43. We hav e looked at some key concepts already: public participation; access to environmental information and access to environmental justice. 44.There are two other key concepts both of which we have seen mentioned directly in the text of the TEU: (i) the polluter pays principle; and (ii) the precautionary principle. (1) the polluter pays principle 45. In environmental law this is the principle that the party responsible for producing pollution should also be responsible for paying the damage done as a result of that pollution to the national environment. 46. International Law i. Possible regional ‘customary international law’ as a result of strong support by both EC countries and countries of OECD. ii. OECD early documents on ‘polluter pays’: a. Environment and Economics: Guiding Principle concerning international economic aspects of environmental policies (1972) b.The implementation of the Polluter Pays Principle (1974) c. Recommendation of the Council concerning the Application of the Polluter-Pays Principle to Accidental Pollution (1989) iii. Rio Declaration on Environment and Development 1992: Set out in Principle 16 (Rio Declaration was document produced at 1992 UN Conference ‘the Earth Summit’ of 27 principles intended to guide future sustainable development around the world. Some regard the principles as ‘third generation rights’). 47. Applications in countries around the world i. Eco-taxes e. g. US: ‘Gas-Guzzler tax’ where cars with increased pollution pay more. ii. ‘US Superfund’ law requires polluters to pay for cleanup of hazardous waste sites. iii.Extended polluter responsibility – First described by the Swedish government in 1975 and applied by economies where the cost of pollution is internalised into the cost of the product to shift responsibility of dealing with pollution from governments to those responsible. See also OECD document ‘Extended Polluter Responsibi lity’ (2006). 48. EC Law: i. Article 191 TEU (ex Article 174 TEC): â€Å"2. Union policy on the environment shall aim at a high level of protection taking into account the diversity of situations in the various regions of the Union. It shall be based on the 16 ii. iii. iv. v. precautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay. Sixth Community Environment Action Programme – which covers the period until July 2012 sets out the Polluter Pays Principle. Decision No. 1600/2002 of the European Parliament and of the Council, 2002 O. J. (L242) 1. EC Directive 2004/35/EC – Environmental Liability Directive – Embodiment of polluter pays principle and provides that the one responsible for the pollution should pay for the damage caused to the environment. Council Recommendation (75/436/Euratom, ECSC, EEC and the attached Communica tion): As a result of Article 174, the Commission set out the ‘Polluter Pays’ principle as well as a number of exceptions to the Polluter Pays Principle, which are also provided for under Article 175(5) of the Treaty.Commissions’ Technical Paper 1 on the new programming period 2000-2006: Application of the Polluter Pays Principle, differentiating the rates of community assistance for funds – Incorporates the polluter pays principle to community assistance for structural funds and ISPA infrastructure operations. 49. Domestic Law – Contaminated Land Regime (see below) – exemplifies it. Contained in Part 2A of the EPA 1990. Contained in Circular 01/2006, Annex 1, para. 37: â€Å"Under the provisions concerning liabilities, responsibility for paying for remediation will, where feasible, follow the ‘polluter pays’ principle†. Principle referred to in a number of domestic authorities including recently: Corby Group Litigation v Corby DC [2009] EWHC 1944 (TCC) and R. (Thames Water Utilities Ltd) v Bromley Magistrates' Court [2009] Env. L. R. 13. (2) the precautionary principle 50.The Preventative principle: Prevention of environmental harm should be the ultimate goal when taking decisions, actions or omissions with potentially adverse environmental impacts. And an important corollary of this is the precautionary principle: A precautionary approach should be taken whenever there is uncertainty as to whether environmental harm will arise, even if the remedy involves a substantial cost. 51. International law i. Rio Declaration on Environment and Development 1992: a. Set out in principle 15. b. In addition, Principle 2 effecting the Preventative principle: States have†¦the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other states or of areas beyond the limits of national jurisdiction. ii.Article 2 of the Framework Convention on Clim ate Change 1992: â€Å"The ultimate objective is to achieve the stabilization of a greenhouse gas emissions in the atmosphere to a level that would prevent dangerous anthropogenic interference with the climate system†. 17 iii. International cases: Trail Smelter Arbitration (US v Canada) 3 RIAA (1941): No state had the right to permit the use of its territory in a way that would cause injury by fumes to the territory, people, or property of another. In this case that Canada should prevent pollution entering the US. iv. Ad hoc expert group established by UNESCO to study the ‘precautionary principle’ and its application. 52. EC Law: i. Article 191 TEU (ex Article 174 TEC): â€Å"2. Union policy on the environment shall aim at a high level of protection taking into account the diversity of situations in the various regions of the Union.It shall be based on the precautionary principle and on the principles that preventive action should be taken, that environmental da mage should as a priority be rectified at source and that the polluter should pay. † ii. European Commission Communication on Precautionary Principle, endorsed by Heads of Government at a General Affairs Council at Nice in December 2000 (COM 2000 1) establishes essence of precautionary Principe and how it should be applied: â€Å"Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation†. iii.Sixth Community Environment Action Programme – which covers the period until July 2012 sets out the Precautionary Principle. Decision No. 1600/2002 of the European Parliament and of the Council, 2002 O. J. (L242) 1 iv. Cases, examples: a. Joined Cases T-74/00, 76/00, 83/00, 84/00, 85/00, 132/00, 137/00 & 141/00, Artegodan GmbH v Commission [2002] E. C. R. II-4945, at para. 184: Precautionary principle general principle of EC Law. b. UK v Commission [1998] Case C-180/96: ECJ held EC institutions could take protective measures without having to wait until the reality and seriousness of those risks became fully apparent (in this case Commission had issued decision on emergency measures to protect against BSE which UK was seeking to annul). c.Pfizer Animal Health SA v Council of the European Union [2002] T13-99: CFI affirmed that under the precautionary principle, EC institutions are entitled in the interests of human health to adopt; on the basis of currently incomplete scientific knowledge protective measures and that they have a broad discretion in this respect. v. Application in European directives relating to environment. Examples: a. Directive 2008/ 101/EC on greenhouse gas emissions trading scheme, Recital (19) specifically refers to precautionary principle. b. Directive on Hazardous waste particularly refers to precautionary principle. 53. Domestic Law: i. R v Secretary of State for Trade and Industry ex p Dud deridge [1995] (The Times 26 October 1995): Challenge brought that Secretary of State should 18 ssue regulations restricting electromagnetic fields from electric cables being laid as part of national grid under precautionary principle and Article 130r [now Art. 191] of EC Treaty. Court of Appeal held that precautionary principle had no distinct legal effect in the UK and Article 130r of EC Treaty did not impose such an obligation on the Secretary of State. ii. R (AMVAC Chemical UK Ltd) v The Secretary of State Environment, Food, & Rural Affairs and others [2001] EWHC Admin 1011: Court considered precautionary principle in detail. Crane J state precautionary principle requires that where threats of serious or irreversible damage, lack of scientific certainty should not be posed as reasoning for postponing cost-effective measures to prevent environmental degradation.Referred to UK Sustainable Development Strategy 1999 referring to precautionary principle, EC communication, Caragena Pr otocol on Biosafety 2000, Article 174(2) EU Treaty (Community policy on the environment†¦. shall be based on the precautionary principle and on the principles that preventative action should be taken’). iii. Now recognised in domestic law: UK Interdepartmental Liaison Group on Risk Assessment (HSE) published paper on ‘The Precautionary Principle: Policy and Application’ iv. Application seen in domestic law: Incorporation in PPS25 (2001), development and flood risk where preventative principle is seen to be of particular importance. v. Included in White Paper 2007 on sustainable development. vi.UK ‘Sustainable development Strategy’ Chapter 4 specifically refers to the precautionary principle (available on defra website). vii. Included in defra ‘Guidelines on Environmental Risk Assessment and Management’ (1. 6: ‘Risk Management and the precautionary principle’). An introduction to the main areas of environmental law 54. T his can be no more than the briefest of introductions: (1) Air Quality 55. Human activities across the spectrum produce pollutants that affect the quality of the air around us, ranging from the everyday of driving to complicated industrial processes producing highly toxic fumes. Regulatory measures are put forward as a response to try and regulate the production of air pollutants that are produced.Initially there was a more reactive approach of addressing specific problems as they arose. Recently, with increasing concerns about air quality and climate change there is a more proactive and integrated approach to regulating the emission of pollutants. 56. Sources of Air Quality Law: i. International Law: Air pollution is not confined to boundaries – pollution caused by one country affects the air quality of another’s. International law has therefore long been concerned with pollution of the atmosphere. International treaties concluded tend to be framework treaties setting out broad principles which can then be implemented with more detail into domestic laws. Sources include: 19 a.The 1979 Geneva Convention on Long-Range Transboundary Air Pollution – Imposes obligations to endeavour to limit air pollution using the ‘best available technology’ feasible. Followed by protocols on the reduction of specific pollutants. b. The 1985 Vienna Convention for the Protection of the Ozone layer – Takes Action against activities that were likely to modify the ozone layer. Followed by the Montreal Protocol setting concrete targets and the 1999 Gothenburg Protocol aiming setting emissions ceilings for particularly acidic and ground-level ozone emissions, namelySO2, NOx, VOCs and ammonia. c. The 1992 Framework Convention on Climate Change – Starts with the position of ‘common but differentiated responsibility’ imposing lesser burdens on developing countries in order to allow sustainable development.Stabilize greenhouse ga s emissions at a level that would not interfere with the climate system of food production. Provides for national inventories of emissions, integration of climate change issues. d. The Kyoto Protocol – Sets binding reduction targets for parties signed up to it (listed in Annex I). Adopted in 1997 and entered into force in 2005. Sets out specific reduction targets for different countries in relation to six gases: CO2, NOx, HFC’s, PFCs, methane, ground-level ozone. ii. EC Law: a. Ambient Air Quality Directive (2008/50/EC) – Aimed at defining principles of a common strategy to assess and define objectives for ambient air quality.Identified 13 ambient air pollutants for which various forms of specific controls were to be introduced under daughter directives. Controls mainly to take the form of limit values, target values, and alert thresholds. Implemented by Air Quality Standard Regulations 2007. Regime originated with Air Quality Framework Directive (96/62/EC). 200 8 Directive consolidates existing legislation apart from 4th Daughter Directive, and must be implemented by 11 June 2001. b. Daughter directives: 1. 1st Daughter Directive, 1999/30/EC: Set limit values for SO2, NO2, NOx, PM and lead; 2. 2nd Daughter Directive, 2000/69/EC: Set limit values for benzene and CO2 3. 3rd Daughter Directive, 2002/3/EC: Set objectives and thresholds for concentrations of ozone. 4. th Daughter Directive, 2004/107/EC: Set target values for concentrations of arsenic, cadmium, nickel and benzo(a)pyrene. 5. Integrated Pollution Prevention and Control Directive (IPPC) (96/61/EC) – Creates a regime for controlling polluting releases from certain industrial activities to air, water and land. Implemented by UK EPR 2007 (see below) 20 6. National Emissions Ceilings Directives (Directive 2001/81/EC) – Effects the Gothenburg Protocol by setting ceilings for each MS for emissions of Ammonia, SO2, NOx and VOCs which must have been met by 2010. Implemented b y The National Emissions Ceilings Regulations 2002. UK must report emissions of four NECD Pollutants annually, DEFRA produces yearly emission data. 7.Large Combustion Plant Directive (2001/80/EC) – Controls emissions of SO2, N0x and dust from large combustion plants with aim of reducing acidification by providing emission limit values for such pollutants. 8. Solvent Emissions Directive (1999/13/EC) – Limits emissions of VOCs in environment by requiring permits for such emissions in specified activities and installations. Amended by Paints Directive. Effected by EP Regulations, Schedule 14. 9. Petrol Vapour Recovery Directive – Aimed at controlling emissions from motor vehicles. Stage II PVR now proposed for controlling emissions when motor vehicles refuelling. 10. Paints Directive (2004/42/EC) – Limitation of emissions of VOC’s in certain paints.Furthers objective of reducing VOC emissions by setting limits for VOC use. Implemented in UK by Volatil e Organic Compounds in Paints, Varnishes and Vehicle Refinishing Production Regulations 2005. 11. Sulphur Control of Liquid Fuels Directive (1999/32/EC), objective to reduce emissions of SO2 resulting from combustion of heavy fuel oil and gas oil by limiting sulphur content in these oils. Implemented by Sulphur Content of Liquid Fuels (England and Wales) Regulations 2007. 12. Waste Incineration Device (WID) (2000/76/EC) – Applies to most activities that involve burning waste, including burning waste to fuels. Regulates standards and methodologies for incineration of waste. 13.The European Pollutants Release and Transfer Register. Commission Decision 2000/479/EC – Provides for a European register of air emissions, allows direct comparison of air emissions across all member states. Member states have to produce a three yearly report on emissions to air and water at industrial installations if certain threshold values exceeded which are then recorded and maintained on the register. c. Domestic Law 1. Environment Permitting Regulations 2007 (see below) – Brings series of environmental controls together, including PPC and waste management licensing by requiring that an environmental permit must be granted for operation of a ‘regulated facility’.Permit requires regulators to exercise permit-related functions to deliver obligations with various 21 directives include large combustion plan directive, solvent emissions directive, waste incineration directive and petrol vapour recover directive. 2. Useful Guidance: DEFRA: Environmental Permitting General Guidance Manual on Policy and Procedures for A2 and B Installations; 3. National Air Quality Strategy: a. UK Air Quality Strategy: Strategy published by the Secretary of State containing policies with respect to assessment or management of quality of air. Required by s. 80(1) of Environment Act 1995. Sets specific objectives for different air pollutants. b.Local Air Quality Management: E nvironment Act 1995 imposes duty on LA’s to conduct reviews of present and future air quality within area, formulating ‘air quality management area’ (AQMA) where objectives not being met and formulating action plans if necessary. c. In addition: Advice in PS23 on relationship between determination of planning applications and pollution control (paras 8 to 10 and Annex 1). EIA requires inter alia air quality assessment. (2) Climate Change 57. This is of course big news: i. The Kyoto Protocol – Sets binding carbon reduction commitments for states. ii. The EU ETS Scheme – Directive 2009/29/EC (replacing Directive 2003/87/EC) implemented in UK by Greenhouse Gas Emissions Trading Scheme Regulations 2005: a.On 1 January 2005 the EU ETS came into force. It is the largest multicountry, multi-sector greenhouse gas emission trading scheme worldwide. In total approximately 11,500 installations are presently covered by the EU ETS and it accounts for nearly 45% of total CO2 emissions, and about 30% of all greenhouse gases in the EU (see EU Action against Climate Change: EU Emissions Trading – An Open Scheme Promoting Global Innovation, CEC, Brussels). b. The EU ETS is the key policy introduced by the EU to help reduce the EU’s greenhouse gas emissions. The importance of the EU ETS is further emphasised by the recitals to Directive 2003/87 (see recitals (1) and (2)).Article 1 of Directive 2003/87/EC states: â€Å"This Directive establishes a scheme for greenhouse gas emission allowance trading within the Community (hereinafter referred to as the â€Å"Community scheme†) in order to promote reductions of greenhouse gas emissions in a cost-effective and economically efficient manner. † The importance of the EU ETS has further been confirmed by the Court in Case T-178/05 UK v Commission; Case T-374/04 Germany v Commission and Case T-387/04 EnBW: see especially in Case T- 22 374/04 Germany v Commission paragraphs 1 - 5. In his opinion in Case C-127/07 Arcelor Advocate-General Maduron referred to the EU ETS as being â€Å"one of the cornerstones of Community environmental protection policy†. c.Under the Kyoto Protocol the EU is required to make an 8% reduction in emissions compared to 1990 by the first Kyoto Protocol commitment period (2008 – 2012)4. d. Recital (10) to Council Decision 2002/358/EC concerning the approval, on behalf of the European Community, of the Kyoto Protocol to the UNFCCC and the