Deadlines for implementation - Free Essay Example

Sample details Pages: 9 Words: 2808 Downloads: 10 Date added: 2017/06/26 Category Law Essay Type Argumentative essay Did you like this example? Question 1 (a) This question concerns the UKà ¢Ã¢â€š ¬Ã¢â€ž ¢s failure to implement Directive 2006/2001 by the deadline for implementation, which was 31 July 2008. The Directive would have limited the amount of chemical ABC in local groundwater. (i) Local residents have complained of a bad small and seek redress. Don’t waste time! Our writers will create an original "Deadlines for implementation" essay for you Create order (ii) Local gardeners have become ill due to high levels of chemical ABC and also seek redress. This question raises the issue of whether a Member State can be held liable for failure to implement a Directive on time. The case of Ven Gend en Loos[1] established that Community law takes supremacy over national law. This was repeated in Costa v ENEL.[2] Therefore, the terms of the Directive cannot à ¢Ã¢â€š ¬Ã…“be overridden by domestic legislation, however framed.à ¢Ã¢â€š ¬Ã‚ [3] Article 249 EC states that Directives are, à ¢Ã¢â€š ¬Ã…“binding as to the result to be achieved, upon each Member State.à ¢Ã¢â€š ¬Ã‚  Therefore, in Van Duyn, the ECJ held that Directives could have direct effect and could be relied upon directly by individuals in litigation.[4] In Ratti the ECJ held that à ¢Ã¢â€š ¬Ã…“a Member State which has not adopted the implementing measures required by the directive in the prescribed periods may not rely, as against individuals, on its own failure to per form the obligations which the Directive entails.à ¢Ã¢â€š ¬Ã‚ [5] The reasoning here is quite simple. The ECJ first found that Directives took precedence over national law. It then held that they were binding on Member States and could have Direct Effect. The effect of this is that the residents will be able to hold the terms of the Directive against the Government, who failed to implement it on time.[6] However, they will not be able to hold the terms of the Directive against Fattenem. This is because Fattenem has simply been operating as best it could under the UK law of the time. This is because of the reasoning applied by the ECJ in Marshall, where it stated à ¢Ã¢â€š ¬Ã…“the binding nature of a Directive exists onlyà ¢Ã¢â€š ¬Ã‚  against Member States. The Directive was addressed to the UK Government, not to Fattenem, and therefore creates no legal obligations on Fattenem. However, according to Von Colson[7] UK courts would look at the case, and at national law, in l ight of the Directive. This is known as the indirect effect of Directives.[8] If national law could be interpreted in a manner that would cause it to comply with the Directives, using the accepted methods of statutory interpretation available to UK courts, then the courts are under an obligation to give the national legislation such an interpretation. However, it is suggested here that the residents and gardeners are far more likely to be successful using the Directive directly against the Government rather than seeking to use it indirectly against Fattenem. Relying on the Directive against the Government, the residents and gardeners will be able to seek financial compensation from the Government. In Francovich[9] the ECJ held that à ¢Ã¢â€š ¬Ã…“the full effectiveness of Community rulesà ¢Ã¢â€š ¬Ã‚  requires that litigants be able to seek compensation from a Member State in situations where they have suffered a loss as a result of a failure to implement a Directive.[10] Wh en seeking compensation from the Government however, it may well be the case that the gardeners and the other residents are not in exactly the same boat. As we have seen, the gardeners have suffered illness due to the Governmentà ¢Ã¢â€š ¬Ã¢â€ž ¢s failure to implement the Directive, whereas the other residents have only been subjected to a bad smell. As the ECJ stated in Francovich, à ¢Ã¢â€š ¬Ã…“the result prescribed by the directive should entail the grant of rights to individualsà ¢Ã¢â€š ¬Ã‚ ¦[and] it should be possible to identify the content of those rights.à ¢Ã¢â€š ¬Ã‚  After such rights have been identified, à ¢Ã¢â€š ¬Ã…“the existence of a causal link between the breach of the Stateà ¢Ã¢â€š ¬Ã¢â€ž ¢s obligations and the harm suffered by the injured partiesà ¢Ã¢â€š ¬Ã‚  must be established. The harm suffered by the gardeners is clear and quantifiable. It would also be fairly easy to establish that the Directive was intended to grant a right to the protection of heal th from the chemicals concerned. However, a right not to smell the chemicals might be more difficult to establish. It also is not certain that compliance with the Directive would have removed the smell of the chemicals, or merely removed their ability to endanger health. Therefore, in conclusion, I would advise that the gardeners stand a good chance of seeking compensation from the UK Government for its failure to implement the relevant Directive, based on the direct effect of the Directive. I would not advise them to seek compensation from Fattenem based on the indirect effect of the Directive. Furthermore, I would warn the wider residents, who did not become ill from the chemical, that they would find it difficult to establish a right not to smell chemicals, in the Directive, and furthermore, they might find it difficult to establish a causal link between the smell and the Governmentà ¢Ã¢â€š ¬Ã¢â€ž ¢s failure to implement the Directive. Question 1 (b) The second part of the question relates to a Directive that the UK Government has implemented but has implemented inadequately. This is because, while the Directive calls for compulsory controls on chemical XYZ, the Government has established voluntary controls. The residents and gardeners are now saying that this voluntary regime has caused them to suffer from poisoning from XYZ. The situation here is very similar to that described above. As Article 249 EC states, Directives are binding à ¢Ã¢â€š ¬Ã…“as to the result to be achieved.à ¢Ã¢â€š ¬Ã‚  Directives do not prescribe actions or methods of regulation to Member States, they only prescribe results. Article 249 goes on to state that Directives à ¢Ã¢â€š ¬Ã…“leave to the national authorities the choice of form and methods.à ¢Ã¢â€š ¬Ã‚  It is not therefore by taking measures that a Member State complies with a Directive, it is by achieving results. We have seen in this case study however, that Directive 2002/2006 does specify that a com pulsory testing regime must be put into place by each Member State by the deadline for implementation. The UK has not done this. Therefore, just as in the scenario above, it has failed to properly implement the Directive. The residents and gardeners will be able to bring an action against the UK Government for its failure to implement the Directive completely. In this case it will be even more important that the issue of causation is looked at properly. It will be necessary to show that Fattenem is in fact abusing the voluntary regime and that it would have acted differently had the Government adopted the compulsory testing regime. This type of investigation would for example, take into account the effectiveness of a compulsory testing regime and it might well be the case that under the compulsory testing, it would still take time for Fattenem and similar operators to reduce their output of XYZ. It will also be necessary for the residents and gardeners to show that the ill effects t hey are suffering are in fact due to chemical XYZ and are not due to chemical ABC or some other cause. The other area where it will be difficult to hold the Government to account is the statement from the Francovich case[11] in which the Court held that à ¢Ã¢â€š ¬Ã…“the result prescribed by the directive should entail the grant of rights to individuals,à ¢Ã¢â€š ¬Ã‚  and furthermore, that à ¢Ã¢â€š ¬Ã…“it should be possible to identify the content of those rights.à ¢Ã¢â€š ¬Ã‚  The question is sure to arise of whether or not a the establishment of a compulsory testing regime for chemicals is designed to grant rights on individuals. It appears as if individuals have nothing to do with such an arrangement and are merely an indirect beneficiary of the result of such compulsory testing. It is questionable in this case therefore, whether Directive 2002/2006 creates legally enforceable rights which the residents and gardeners of the town will be able to enforce. However, thei r position is still quite strong since they are clearly being affected by the failure of the company to monitor its output of XYZ. Arguments similar to those put forward below in relation to standing and individual concern would be put forward and the discussion below will be of use in this respect. Question 2 This question relates to the ability of the UK Government to challenge a Community act under Article 230 EC. It also concerns the ability of the Sheep Farmerà ¢Ã¢â€š ¬Ã¢â€ž ¢s Association (SFA) to challenge a Community act on the ground that they are individually effected by the act. Article 230 allows the ECJ to rule on the à ¢Ã¢â€š ¬Ã…“legality of acts adoptedà ¢Ã¢â€š ¬Ã‚  by the European Community which are à ¢Ã¢â€š ¬Ã…“intended to have legal effectà ¢Ã¢â€š ¬Ã‚ . The Court can strike down any law that it believes does not comply with the requirements of the Treaties. Under Article 230(2) EC, the UK is a privileged applicant and can therefore challenge any act of the EU Institutions. Decisions are specifically permitted to be challenged. The grounds on which the Court might annul the decision above, as set out in Article 230 are that the Community lacked competence to legislate, that the Community breached an essential procedural requirement when making the decision, or that the decision breached the fundamental principles of community law or was an abuse of power. The ground on which the UK Government will be challenging this Decision is on procedural grounds. The Community adopted a procedure that required Qualified Majority Voting (QMV). However, the UK is of the belief that the correct procedure would have required unanimity. The Court would look at this claim from the UK and decide if the Community made the Decision based on the correct Treaty provisions and used the correct legislative procedure. The SFA is not a privileged applicant under Article 230(2). However, it may still bring an action under Article 230(4) if it c an show that the Decision à ¢Ã¢â€š ¬Ã…“is of direct and individual concernà ¢Ã¢â€š ¬Ã‚  to them. The cases of Plaumann[12] and Cordorniu[13] set a very difficult test for individual applicants, such as SFA, to show that they have been directly and individually concerned by a Decision. Plaumann was similar to the present situation in that the Decision was addressed to Germany, but a sole operator tried to challenge it. The Court held that to show individual concern the operator had to show that the Decision, à ¢Ã¢â€š ¬Ã…“affects them by reason of certain attributes which are peculiar to them or by reason of circumstances in which they are differentiated from all other persons and by virtue of these factors distinguishes them individuallyà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ .[14] This is notoriously difficult to show because the applicant will be blocked from making a challenge if others are put in the same position as they are. In Plaumann, the court ruled that anyone could start ex porting clementines from Germany and would be affected in the same way as the applicant. This was the case whether or not there actually were other clementine exporters. The cases which have successfully shown individual concern are very specific to their facts and do not create general situations in which applicants will be successful. For example, in Toepfer[15] the applicant was successful because the decision related only to operators who applied for licenses on a particular day and Toepfer was the only one. No one could join this group as the day had passed. Similarly, in Bock[16] the Court ruled that, à ¢Ã¢â€š ¬Ã…“A decision is of individual concern to a person when the factual situation created by the decision differentiates him from all other persons and distinguishes him individually just as in the case of the person addressed.à ¢Ã¢â€š ¬Ã‚  The full difficulty is shown by Spijker Kwasten,[17] where it was shown that à ¢Ã¢â€š ¬Ã…“a decision addressed to certain Me mber Statesà ¢Ã¢â€š ¬Ã‚ ¦ is not of individual concern to the only importer of the products in question established in the member states to which the decision is addressed since it concerns the importer merely by virtue of his objective status as an importer in the same manner as any other trader who is, or might be in the future, in the same situation.à ¢Ã¢â€š ¬Ã‚  The applicant in Codorniu was successful in his challenge because even though many operators in the relevant field could be caught be the provision, he was set out from the crowd because he had a registered trade mark that was affected. However, while this case was hoped to mark a new approach by the ECJ in the field of individual concern, subsequent case law has shown that the Plaumann test is still being used to block challenges to decisions which might potentially have more than one person affected.[18] There has been a lot of scholarly criticism of this state of affairs and many have even argued that the Cou rtà ¢Ã¢â€š ¬Ã¢â€ž ¢s approach to individual concern is arbitrary and unjust.[19] However, in the absence of legislative action to change the law, it appears as if the Court is unwilling to step in here and make it simpler for applicants who have not been addressed by a decision to challenge that decision. This was concerned in the case of Greenpeace,[20] which came after Codorniu and showed that there had been no significant change in the Courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s position. One problem that has been identified with the strictness of Article 230(4) is that the Treaties supposedly establish à ¢Ã¢â€š ¬Ã…“a complete system of legal remedies and procedures designed to permit the Court of Justice to review the legality of measures adopted by the institutions,à ¢Ã¢â€š ¬Ã‚  and the Courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s approach to Article 230(4) goes against this goal.[21] To conclude therefore, the UK Government will be able to challenge the Decision on the ground that, firstly, they are the addressee of the Decision, and secondly, that they are a privileged applicant under Article 230. However, the SFA will find it very difficult to challenge the decision on the basis of the test for individual concern. The Decision has not been addressed to them. While they represent a few thousand sheep farmers, there are over 250,000 in the UK and the vast majority are not members of SFA. Also, not only sheep farmers but all livestock farmers will be equally affected by the Decision. Therefore, there is no way for the SFA to differentiate their position from that of all the other livestock farmers in the UK and therefore, they will not be able to show that they have been individually concerned by the Decision and will accordingly not be granted locus standi before the ECJ. Bibliography Biernat, E., The Locus Standi of Private Applicants under article 230(4) EC and the Principle of Judicial Protection in the European Community, Jean Monnet Working Paper 12/03, New York, 2003 Chalmers, P., Hadjiemmanuil, C., Monti, G., Tomkins, A., European Union Law, Text and Materials, (2006) Cambridge: Cambridge University Press Craig, P. De Burca, G., EU Law, Text, Cases and Materials, 3rd ed., (2002) Oxford: Oxford University Press Liisberg, J., Does the EU Charter of Fundamental Rights Threaten the Supremacy of Community Law? (2001) 38 CMLRev. 1171 Mancini Keeling, Democracy and the European Court of Justice, 57 (1994) MLR 175 Rasmussen, H., Why is article 173 interpreted against private plaintiffs? (1980) 5 ELRev 462 Usher, J., Direct and Individual Concern à ¢Ã¢â€š ¬Ã¢â‚¬Å" an effective remedy o a conventional solution, (2003) 23 ELRev 342 Case 26/62, N.V. Algemene Transporten Expeditie Onderneming van Gend en Loos v. Nederlandse Administratie der Belastingen [1965] ECR 1 Case 41/74, Van Duyn v. Home Office [1974] ECR 1337 Case 148/78, Pubblico Ministero v. Tullio Ratti [1979] ECR 1629 Case 14/83, Von Colson and Kamann v. Land Nor drhein-Westfalen [1984] ECR 1891 Case 25/62 Plaumann v. Commission [1963] ECR 95 Case C-309/89 Codorniu SA v. Commission, [1994] ECR I-1853 Cases 106-107/63 Toepfer v. Commission [1965] ECR 405 Case 62/70 Bock v. Commission [1971] ECR 897 Case 231/82 Spijker Kwasten v. Commission [1983] ECR 2559 Case T-585/93 Stichting Greenpeace Council (Greenpeace International) v. Commission, [1995] ECR II-220537 Case 6/64, Flaminio Costa v. ENEL [1964] ECR 585 Case C-6 9/90, Francovich and Bonifaci v Italy [1991] ECR I-5357 Footnotes [1] Case 26/62, N.V. Algemene Transporten Expeditie Onderneming van Gend en Loos v. Nederlandse Administratie der Belastingen [1965] ECR 1 [2] Case 6/64, Flaminio Costa v. ENEL [1964] ECR 585 [3] ibid. p. 593 [4] Case 41/74, Van Duyn v. Home Office [1974] ECR 1337 [5] Case 148/78, Pubblico Ministero v. Tullio Ratti [1979] ECR 1629 [6] Craig, P. De Burca, G., EU Law, Text, Cases and Materials, 3rd ed., (2002) Oxford: Oxford University Press [7] Case 14/83, Von Colson and Kamann v. Land Nordrhein-Westfalen [1984] ECR 1891 [8] Liisberg, J., Does the EU Charter of Fundamental Rights Threaten the Supremacy of Community Law? (2001) 38 CMLRev. 1171 [9] Case C-6 9/90, Francovich and Bonifaci v Italy [1991] ECR I-5357 [10] Chalmers, P., Hadjiemmanuil, C., Monti, G., Tomkins, A., European Union Law, Text and Materials, (2006) Cambridge: Cambridge University Press [11] supra. note 9 [12] Case 25/62 Plaumann v. Commission [1963] ECR 95 [13] Case C-309/89 Codorniu SA v. Commission, [1994] ECR I-1853 [14] supra. note 12, para. 107 [15] Cases 106-107/63 Toepfer v. Commission [1965] ECR 405 [16] Case 62/70 Bock v. Commission [1971] ECR 897 [17] Case 231/82 Spijker Kwasten v. Commission [1983] ECR 2559 [18] Mancini Keeling, Democracy and the European Court of Justice, 57 (1994) MLR 175 [19] Usher, J., Direct and Individual Concern à ¢Ã¢â€š ¬Ã¢â‚¬Å" an effective remedy o a conventional solution, (2003) 23 ELRev 342; Rasmussen, H., Why is article 173 interpreted against private plaintiffs? (1980) 5 ELRev 462 [20] Case T-585/93 Stichting Greenpeace Council (Greenpeace International) v. Commission, [1995] ECR II-220537 [21] Biernat, E., The Locus Standi of Private Applicants under article 230(4) EC and the Principle of Judicial Protection in the European Community, Jean Monnet Working Paper 12/03, New York, 2003

A New Take on Writing an Essay Order of Importance Is Here to Stay

There are many approaches to organizing one’s essay, and the only thing they have in common is that an essay needs organization – otherwise it becomes a pain to both write and read. One of the most widespread and commonly used methods utilizes an essay order of importance – in other words, all facts are introduced in decreasing (or, in rare cases, increasing) order of importance. For obvious reasons, this approach is most popular in professional journalism, as it allows the reader to get the gist of an article from the first few phrases (or, preferably, from the headline). Nevertheless, it is widely used in other types of writing as well. Here are a few reasons why. It Grasps the Reader’s Attention from the Very Beginning An essay that begins its argument in support of a certain idea with an insignificant and easily dismissed point is going to be, in the very least, confusing. There may be something in trying to keep your most striking proof for the end, but it goes against one of the most important principles of writing – to try and influence the reader near the beginning, before he has a chance to stop reading or let his attention slip. It Is Realistic Let’s face it – in most cases readers don’t read texts in their entirety, especially in our age of omnipresent TLDR attitude. If you submit your paper to a professor or an application committee, be prepared to receive a mark judging the first couple of paragraphs at most, especially if they have to deal with lots and lots of essays in a short period of time. Don’t expect the reader to plod along, patiently waiting to get to the â€Å"clever part†. It Allows for a Better Structure The nature of the most important fact concerning the issue is usually that it is in this or that way connected with all the other supporting evidence, and you can’t avoid mentioning it when covering other, smaller subjects. When you get it out of the way in the very beginning, you give a very solid foundation for your argument and can use the rest of your word count providing additional proof in support of your idea. It Shows That You Understand What You Are Writing about The fact that you’ve placed the most significant paragraph first clearly shows that you are able to navigate in the situation and are capable of separating wheat from the chaff. In a sense, it shows your expertise even before the reader starts studying your essay in earnest. On the contrary, when you start covering smaller points first, it shows that you are bad at prioritizing and putting first things first. The order of importance cannot be called the most effective and useful way of arranging your essay, but only because each assignment requires an individual approach, and sometimes it simply doesn’t fit. However, it is certainly prevalent in academic writing – and you should first consider using it before you resort to other means.

Hamlet Essay - 4839 Words

HAMLET HAMLET SUMMARY OF THE PLAY Act I, Scene i: The play begins on the outer ramparts of Elsinore castle. It is late and Bernardo, a guard, is on duty waiting for Francisco to relieve him from his watch. Bernardo is nervous because the previous two nights he and Francisco have seen a figure who appears to be the ghost of the recently deceased king wandering around. Francisco approaches, accompanied by Horatio (Hamlets only friend and confident). Even though Horatio dismisses the idea of a ghost, the guards start to retell the previous nights encounters. As the guards begin, the ghost appears before them- much to Horatios surprise. The guards urge Horatio to speak with the ghost. Because Horatio is a student, they feel he should be†¦show more content†¦After his mother echoes Claudius request, Hamlet agrees to stay. Hamlet is left on stage after everyone else leaves. He speaks a soliloquy expressing his anger at the present circumstances in his life and discusses his depression as a result of these events. The scene ends with Horatio, Marcellus and Bernardo entering and talking with Hamlet about the ghost they have seen. Hamlet agrees to join them this coming night to see the ghost himself. Note: a soliloquy is the thoughts of a character being expressed out loud. These thoughts deal with the true feelings of a character and give insight into what a character is thinking about and how his mind works. This first soliloquy is one several spoken by Hamlet throughout the play. Each one gives us further insight into what Hamlet is feeling at the time. Text: Act I, Scene ii --------------------------------------------------------------------------- Act I, Scene iii: This scene opens with Laertes saying his goodbyes to his sister Ophelia, before he leaves for school. We find out from their discussion that Hamlet has been seeing Ophelia and is very serious about their relationship. He has been alone with Ophelia on many occasions and has professed his love for her during these times. He has also given her gifts during these visits. Leartes, who knows about his sisters suitor, tries to warn Ophelia thatShow MoreRelatedHamlet Madness In Hamlet1293 Words   |  6 Pages When reading Shakespeare’s Hamlet as a class, the first thing that most teachers or professors point out is the argument/idea of sanity, specifically Hamlets sanity. I believe that Hamlet is, in fact, feigning his madness. What I do not know is if I believe this because it is what I was taught or if I came up with the idea myself based on my own interpretation. When I was taught Hamlet there was no argument it was just fact that he was faking his madness. 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Anti Transportation Security Agency ( Tsa ) - 1393 Words

After losing 2,977 lives one fateful September morning, we realized we left the doors to our country wide open to attack. As a result, we ramped up our security and instituted new programs to combat terrorism to make ourselves invulnerable to similar attacks. But as the government began to develop programs within the National Security Agency (NSA) and the Transportation Security Agency (TSA) to prevent such an attack from ever happening again, the government began to infringe on the rights which were laid down in the Constitution by our founding fathers. Although the American government protected its people from another possible attack, the government itself attacked its own people by denying the rights which it formerly recognized. Traditionally speaking, the government realizes every person has unalienable rights, but it may choose to only recognize those which it deems fit. In times of war, many rights which we feel are inherent may not be acknowledged. For example during the Civil War, President Abraham Lincoln suspended the writ of habeas corpus allowing for public dissenters of the war to be arrested and held without formal charges to prevent antiwar sentiment, and more recently the USA PATRIOT (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism) Act instituted shortly after 11 Sep 01 expanded the government’s power to monitor its citizens and to catch another terrorist before another attack occurred (â€Å"PatriotShow MoreRelatedTransportation Service Administration and Aviation1387 Words   |  6 Pagesare an ethical organization! (Institute of Business Ethices, 2013). Aviation security is a service or several services currently provided by the Transportation Service Administration or as we more commonly know them during this season of travel, TSA. 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The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, better known as the PATRIOTRead MoreAviation Insecurity : Why The Tsa Doesn t Do Its Job3361 Words   |  14 PagesAviation Insecurity: Why the TSA Doesn’t Do Its Job In our time, the Transportation Security Administration is an integral part of airports in the United States. One cannot simply travel on a plane without going through the metal detectors or taking off his or her shoes. For many travelers, the TSA is a hassle. However, some treat it as a necessary evil. They believe that the presence of the TSA is needed to offset the vulnerable state of airports. The Transportation Security Administration is failsRead MoreThe Transportation Security Administration Is An Integral Part Of Airports3306 Words   |  14 PagesIn our time, the Transportation Security Administration is an integral part of airports in the United States. One cannot simply travel on a plane without going through the metal detectors or being instructed to take off his or her shoes to check for bombs. Many travelers regard the TSA to be a hassle, as it adds hours into the process of boarding a flight. Some treat it as a necessary evil; they believe that the presence of the TSA is needed to offset the vulnerable state of airports. However, theRead MoreEssay on Terrorism: Safety vs Freedom 1841 Words   |  8 Pagesincreased security that comes at a cost that many feel is an invasion of their charter rights. The idea of racial profiling is not new, but many feel worse than ever in today’s anti-Muslim society. This habit of losing civil liberties in the wake of te rror is to some an unnecessary change that is unallowable, but leaves many wondering if we should sacrifice our freedom for safety. The terrorist attacks on September 11, 2001, revealed a deficiency in the procedures of the airline security system.Read MoreTerrorism : A Global Issue Essay1749 Words   |  7 Pagespeople. The al-Qaeda organization have exposed vulnerabilities in the United States’ homeland security. Many have questioned how could this happen to a country known to be the most powerful nation in the world and what steps are being taken to prevent these acts from occurring in the future? Today, terrorism is a forefront global issue bringing nations together to develop ways to improve national security for all. The term terrorism, in English use, originated during the French Revolution s ReignRead MoreTerrorism, International And Domestic Terrorism1850 Words   |  8 Pagesto protect the nation’s security after the worst terrorist attack on U.S. soil. Some of the key parts were security, surveillance, money laundering. A very positive outcome that I can see is it helped and opened channels of communication between departments such as CIA, FBI, DOJ, DOD, etc. (The USA PATRIOT Act: Preserving Life and Liberty). This set the administrative ball rolling to create new agencies and avenues of approach to protect the nation. Two key agencies were created from this attackRead MoreTransportation Has A Part Of Human History2368 Words   |  10 Pages Transportation has been a part of human history since the beginning be it walking on foot on a trail through the forests, ships across the oceans, roads created by the horse or horse and carriage, to the rail roads that transected the United States to modern roadways. Many advancements on roadways throughout the years were made as each new form of transportation was improved. Then one day man could fly and hence another form of transportation made it possible for man to go from place to place inRead MoreAll Airline Pilots Should Be Armed3209 Words   |  13 Pagesthis issue today has grown into heated debates with anti-gun lobbyist protest, and even the pilots themselves proclaiming their objections. However, through legislation, new laws have been passed to give pilots the option to undergo training and become a deputy federal officer. There are several legal and liability issues surrounding the controversy, as well as many objections people have against arming the pilots. In a ddition, other security options have evolved since 9/11. Arming Airline PilotsRead MoreThe Department Of Homeland Security2852 Words   |  12 PagesThe Department of homeland Security (DHS) is a body responsible for maintaining the security and safety of the United States from attack by terrorists and other possible disasters. DHS was created after the attack by terrorists on 11th September 2001 and it has immensely focused on federal preparations of dealing with terrorism while at the same time trying to manage other important duty which includes ensuring security of the borders and taking part in customs and emergency management practices

Tama Speed Cobra Pedals Review Free Essays

Camco, DW and Ludwig have all produced such beasts, as has Japanese drum giant Tama. Its Iron Cobra pedal is truly a drum world icon, having been relied on by countless big-name artists on the world’s biggest stages over many years. But now comes a new pretender in the form of the Speed Cobra, with features borrowed from its well-regarded older sibling and a host of innovative design tweaks to boot. We will write a custom essay sample on Tama Speed Cobra Pedals Review or any similar topic only for you Order Now Tama’s tagline for the Speed Cobra is ‘Extreme Velocity, Serious Power’. As such the Speed Cobra’s new features have two simple goals in common – to increase speed and to increase aggressive response. Tama points out that these two aims have traditionally been mutually exclusive, with fast pedals losing some power, and powerful models reacting slower than some would like. So what solutions do Tama offer? Well to start with, a quick overview of the features which the Speed Cobra shares with the Iron Cobra. Such things include the Oiles bearing hinge (as used in the aerospace industry no less), the patented Cobra Coil spring – which is located beneath the footboard to quickly return it to its default position after each stroke – and the Vari-Pitch beater holder that enables adjustment of the footboard link angle independently of the beater angle. To that already impressive mix, the Japanese company has added several significant new features. The first and most obvious of these is the ‘Fast Foot’ footboard. Longer than on the Iron Cobra, the Fast Foot board is designed to increase speed of response but at the same time require less effort than previous designs. In addition, the face of the board is smooth to reduce friction, which Tama reckon will improve control. On top of this there’s an impressive new bearing assembly in the shape of the Fastball bearing on the end of the drive shaft, a true round sprocket (which Tama have named, brilliantly, ‘LiteSprocket’) that’s evidently 40 percent lighter than the Iron Cobra’s, and the new Projector Beater. The beater allows the choice of narrow or wide ‘striking surfaces’ simply by changing the head angle – go for punchy, defined attack with the former or a fatter, fuller response with the latter. All this talk of new features (and we haven’t touched on the chain drive’s new Recessed Setting which increases the angle of attack for super speed and light action, nor the new ‘Super Spring’, designed to offer less resistance at the beginning of the pedal stroke) has left us little space to discuss the actual build quality of the Speed Cobra. Fortunately, little space is required for this, as it is stunningly good. The Speed Cobra is beautifully engineered and does the Cobra name proud. If your eyebrows headed skyward at the number of clever feature names Tama has bestowed on the Speed Cobra, a word of warning. For sure, it’s easy to dismiss ‘Speed Spring’ or ‘LiteSprocket’ as marketing waffle, but when pressed into action the Speed Cobra does a fantastic job of silencing the cynical. For starters it’s an incredibly smooth-rolling pedal. An objective appraisal of the impact of the new bearing mechanisms, for example, is well out of the scope of a review like this, but subjectively it feels wonderful. .For metal drummers dishing out high-bpm double bass battery, the Speed Cobra could be your new best friend. But that’s not to say Tama’s newbie is a one-trick pony. It’s so well-conceived and built – with the kind of near-endless adjustment that high-end pedals offer these days – that it could be pressed into service in any genre with aplomb. How to cite Tama Speed Cobra Pedals Review, Papers

The Basic Principles of Arbitration Free Sample for Students

Questions: 1.The Basic Principle used in determining who should Pay the Costs of the Arbitration?2.Who should pay the Fees and Expenses?3.Who should pay the Parties Costs?4.In what Circumstances Basic Principles of arbitration are not Followed?5.The Respondent has offered to settle for a Sum greater than the Claimant has now been awarded. What Presumption as to costs will then apply?6.What is Relevance of Parties choosing the Seat or Venue of Arbitration.7.The Essential Requirements as to the form and Substance of an arbitration award if it is to be Enforceable? Answers: 1.The basic rule which is used to determine who should pay the cost in the process of arbitration, in court generally the successful party must be awarded his costs. There are no such difficulties aroused while such arbitration is applied in some simple cases, where the claim either succeeds or fails entirely. Where there is no such default part of the successful party. Practically some complications often arise. As an example, a claim may be succeeded in part or there may be a counterclaim present which also succeeds totally or in part or the respondent might have made an offer which the claimant should have accepted, another possibility costs may have been occasioned without any necessary by the successful.[1] 2.The arbitrators fees are looked after by the court and solved keeping in mind the criterion of the scale of relevance which can be seen in the law of Appendix III. The court can take into consideration whether the process can be accelerated or not, the arbitrators determination, whole spent time and the speed with which the proceedings and complexities of the disputes were tried to solve. It is done on the basis of the dispute amount that the scale tries to provide the maximum or minimum for an arbitrator.[2] The fees can be divided amongst the number of involved arbitrators. In special cases the fees can be fixed by the court on the basis of the high to low ranks of the arbitrators which shall actually be recovered from the application of the scale of relevance. 3.In respect of the arbitral procedure, certain advance costs are paid by both of the parties. This would ensure certainty of cost as well as negate any default in the payment of such costs, paid in accordance with a table of fees and costs. The scheme has already been adopted by the International Arbitration Centre. The International Centre for Alternate Dispute Resolution and Council of Arbitration also stipulate advance costs to be submitted by the parties. When a request is compiled without any advance cost, the arbitral tribunal may consider the claims withdrawn and proceed with the claims of the party who paid the advances on costs. Arbitration can be made more cost-effective if the parties are allowed to make informed choices about their cost-incurring practices, guided by the factors that the arbitral tribunal will finally consider when determining the allocations of costs at the conclusion of the arbitration[3]. 4.A party which is involved in arbitral proceedings, they do not follow the basic principles under some circumstances. The party which is involved in arbitral proceedings can apply to the court challenging an award on the matter of irregularity that affects the tribunal, the proceeding. The right of the party towards the object and the application can be lost considering this restriction. Serious irregularity is a type of irregularity where an irregularity of more than one type might be considered to provide injustice to the respondent and the claimant. The circumstances are such as failure by the tribunal to comply, the tribunal exceeding its powers. 5.Particularly when there is a case of international arbitration the granting of their security for definite cost is a kind of exercised power. But it is almost unheard of civil law jurisdictions. Obviously, there is no such hard type of statistics which can be related to the number of cases of which security for costs is ordered in an international context. This is suggested that a low number of cases reflects the principles that an order should be made in some exceptional circumstances. The available of the remedy is one such a thing which should be appropriate and definitely in international contexts. Under a contract subject of a foreign law, parties can be arbitrating there.[4] A much greater sum in advance by way of the security for costs to a respondent that takes advantages of which really a domestic remedy. Such presumptions which are discussed here can be applied. 6.The news which is included in the clauses of the arbitrator differs hugely considering different contracts. Several parties are present where in the clauses of the arbitration many regulations are applied on the basis of the enumerations of the arbitrators and also on their educational status and also their experiences, the linguistic part of the arbitrator, the places where they have done hearing practice and many more. It is also to encourage the explanations of the clause of arbitration to help in tackling of disputes.[5] The presence of recommendations should be prohibited. The most important characteristics of the clause of an arbitrator is the recognition of the place which is challenged to the situation where the hearings occur. This is actually known as the venue of arbitration. The process of selecting a seat depicts the governing laws and the ways of arbitration and most importantly the rights to be enforced towards the award of the arbitration. Article 14 can be cited as an example of the International Chamber of Commerce Arbitration Rules. Article 16 of the London Court of International arbitration Rules can also be cited as another example. It might not be compulsory for the arbitrations seat and the place to be similar as they have to travel to different parts for many hearings. In that case also the seat to be chosen will not be affected. 7.Court gives little essential ingredients for an agreement of arbitration that are presented here in the following ways, the parties should have been bonded in a genuine agreement, and those agreements might be blended to be a clause in the document which are signed by the different parties or in the conversion of ant telegrams or letters or in any communication where the phone is involved to give the record of the stated agreement or any interchange of statements of defense or claim. While referencing a contract towards the document which contains a clause of arbitration it should also be kept in mind the agreement of the arbitration, inclusion of the fact that the contract is provided in written format. There are also situations where the party tries to include past deeds or relate future aspects.[6] References Ahmed M, 'Arbitration Clauses: Fairness, Justice And Commercial Certainty' (2010) 26 Arbitration InternationalAlvarez H and Friedman M, 'What Should Parties Expect From Arbitrators And What Should Arbitrators Expect From Parties?' (2009) 24 ICSID ReviewGaliullin E, 'Practice Of Application Of Conciliation Procedure In Arbitration Proceedings' (2017) 7 Herald of Civil ProcedureLew D, 'Arbitration: Essential Concepts By Steven C. Bennett' (2003) 19 Arbitration InternationaMohtashami R and Tannous S, 'Arbitration At The Dubai International Financial Centre: A Common Law Jurisdiction In The Middle East' (2009) Webster T, 'Efficiency In Investment Arbitration: Recent Decisions On Preliminary And Costs Issues' (2009) 25 Arbitration Internationa partyT. H. Webster, 'Efficiency In Investment Arbitration: Recent Decisions On Preliminary And Costs Issues' (2009) 25 Arbitration International. H. C. Alvarez and M. W. Friedman, 'What Should Parties Expect From Arbitrators And What Should Arbitrators Expect From Parties?' (2009) 24 ICSID Review R. Mohtashami and S. Tannous, 'Arbitration At The Dubai International Financial Centre: A Common Law Jurisdiction In The Middle East' (2009) 25 Arbitration International. E.R. Galiullin, 'Practice Of Application Of Conciliation Procedure In Arbitration Proceedings' (2017) 7 Herald of Civil Procedure M. Ahmed, 'Arbitration Clauses: Fairness, Justice And Commercial Certainty' (2010) 26 Arbitration International D. S. Lew, 'Arbitration: Essential Concepts By Steven C. Bennett' (2003) 19 Arbitration International.