European Court of Human Rights

European Court of Human Rights Introduction The purpose of litigation at the European Court of Human Rights (ECtHR), is to examine alleged violations and ensure that States Parties comply with their obligations under the Convention, providing individual applicants with effective remedies and just satisfaction under Articles 13 and 41 of the European Convention on Human Rights (ECHR). The wider objective is to protect and embed locally the three CoE foundation stones; liberal pluralist democracy, human rights and the rule of law to effect structural and institutional change and create a common democratic and legal area throughout the whole of the continent. Yet comprised of 47 member states and 811 million citizens, the CoE inhabits a fundamentally different territorial scope to that in May 1949. Originally a social and ideological counterpart to NATO, it has undergone a central shift in its core modus operandi from an interstate process of protecting the democratic identity of Member States through the medium of human rights to its emerging front line role as an arbiter of liberal human rights through the medium of individual petition. Considerable problems that threaten to undermine what has been achieved over the fifty years during which the Convention has operated lead one to ask whether there is any point taking such cases at all. This brief essay is split in two sections. Section one analyses the tripartite problem outlined within PACE Resolution 1226 (2000); the inadequate clarity and casuistical nature of Court judgements, characterised by doctrinal uncertainty in the margin of appreciation; the systemic non-implementation of judgments and failure to employ necessary reforms that would avoid further violations, with a case study of the Russian Federation; and a critique of the insufficient rigour and failure of the Committee of Ministers (CoM) to exert enough pressure when supervising the execution of judgments. Section two, explores the central debate between individual and constitutional justice; and the potential impact Protocol 14 may have on the asphyxiating6] Court and CoM. Finally I assess the accomplishments of Strasbourg litigation before returning positively to our initial question with a passionate case for individual petition against the backdrop of a tide of human rights abuse in post-communist accession Europe; the utility of the Interlaken proposals; and preservation of the Human Rights Act 1998. Section One: Problems Theoretical Fault Lines: An Unprincipled Margin The extent to which there is any point to Strasbourg litigation is determined in the first instance by the extent to which the Court can effectively balance its role as a supranational judicial guarantor of liberal individualist human rights, within the CoE framework of upholding and deferring to the thread of pluralist democracy; an intrinsically collective ideal. For McHarg, Strasbourg jurisprudence is characterised by the absence of a conceptual framework integrating a preferable rights model with a defensible conception of the public interest. Greer agrees, highlighting unresolved normative, institutional, and adjudicative questions, and the failure of the Court to deliver a concrete body of jurisprudence and constitutional authority. The result formulaic, thin decisions and un-ordered interpretive principles, at best devaluing Convention rights and at worst denying them. This dichotomy is played out through the margin of appreciation doctrine; the latitude given to States Parties based on their better position with the facts on the ground. ECHR protections are not absolute, but relative; they are subject to exceptions permitting infringement of the fundamental right or freedom, specifically defined within paragraph two of Articles 8-11; and under Article 15 (A15) can be erased altogether to the extent strictly required by the exigencies of the situation. These express definitional restrictions remind us of Bentham; this, we see, is saying nothing: it leaves the law just as free and unfettered as it found it. Strict judicial interpretation and objectivity are critical to the defence of Convention rights in the context of these exceptions. The flexibility of the margin is for Waldock advantageous to the evolutive nature of Strasbourg Jurisprudence, and for Dr Arai-Takahashi value pluralism being the fundamental prerequisite and virtue of a liberal democratic society, a set of standardised rules would devalue regional legitimacy and richness of cultural values and traditions among member states. The CoE is clear in its aim to promote awareness and encourage the development of Europes cultural identity and diversity.That Convention rights are relative is a moot point for realist theorists, since States Parties would never have been willing to be bound by the Convention in the first place without safeguarding their democratic sovereignty. Yet McHarg notes the paradox in a legal scheme which is supposed to protect the individual against the collective, sanctioning limitations to rights on collective grounds. How far in practice does the ECtHR go towards fulfilling the supervisory function it refers to in Handyside v UK (1976)? To what extent does Osts assertion that there is never an unchallengeable margin hold true? McHarg talks of doctrinal uncertainty while Jones points out that even the Courts president has acknowledged the justification to some extent of criticism of the doctrines lack of precision and use without principled standards. Fiercer critics lambast the abdication of the Courts enforcement responsibility. Dembour questions if Convention rights are so full of contradictions that they are useless? It is intrinsic to the dichotomy between international individual rights protections and the national collective interest that the margin of appreciation occupies a middle position between subjectivity and objectivity; between a burden of proof firmly on the government on one hand and on the other of wide deference to it. In Lawless v. Ireland (1961), Waldock asserted: a Governments discharge of responsibilities is a problem of appreciating complex factors and balancing conflicting considerations of the public interest; once the Court is satisfied that the appreciation is on the margin the interest the public itself has in effective Government and maintenance of order justifies and requires a decision in favour of the legality of the Governments appreciation; Simpson saw this reflecting an implicit determination to back the authorities. Dembour and Jones respective assessments of further A15 derogations demonstrate consistently deferential applications of the margin, and reluctance to objectively scrutinise the existence of an emergency or of the measures implemented to tackle it. In Greece v. United Kingdom (1958), the Commission argued that the assessment whether or not a public danger threatening the life of the nation existed is a question of appreciation; determining the validity of the repressive measures employed, the UK government enjoyed a certain discretion. Such a position is clearly evident in Ireland v. United Kingdom (1978), confirmed in Brannigan v. McBride (1993), both concerning A15 derogations of Article 5 with regard to the detention of suspects in Ireland. Several problems arise from the rationale employed in these cases. Dembour draws our attention to the absence of a factually and theoretically strict analysis impossible to justify in human rights terms. Indeed, the inevitability of a wide margin in the context of A15 derogations, led Judge Martens to assert that there is no justification for leaving a wide margin because the Court, being the last resort protector, is called upon to strictly scrutinise every derogation. Jones contends a state of emergency objectively determinable if a national government has evidence of such a situation, he asks why this is not capable of assessment by an international Court? Implementation: A pessimistic view is well founded Strasbourg jurisprudence has demonstrated the capability of the Court to robustly uphold Convention rights from major shows of arbitrariness, ensuring a degree of justice for applicants and families, international attention, accountability in relation to serious violations, and domestic legislative change. Notwithstanding the significance of such supranational decisions, analysis of the pending caseload (some 116,800 cases in October 2009), reveals a Court facing unsustainable pressure from repetitive cases concerned with structural problems in civil, criminal and administrative proceedings; serious pervasive human rights abuses; and unacceptable delays in the implementation of judgements. Implementation remains the Achilles heel of the Convention system, A brief case study of Russia underscores the gravity of the situation. It is the irony of history that the Russian Federation now occupies a key position in the very organisation established to provide European unity and security in the face of Soviet communism. Comprising 27.3% (31,850) of all pending applications at the ECtHR, the Medvedev Government faces protracted challenges in its attempts to develop civil and economic freedoms ending the legal nihilism that is seriously hindering modern development. I write following the death in Butyrka prison of Sergei Magnitsky, an anti-corruption lawyer acting for HSBC / Hermitage Capital in the $230m tax fraud case. This case and the ongoing second Khordokovsky trial are emblematic of structural defects in the Russian criminal justice system and procuratura that have lead to the accusation and incarceration of many innocent persons. Other important cases demonstrate the gravity of the situation, including Gusinskiy v Russia, Ilascu and Others v Moldova and Russia, the first six Chechen cases, Shamayev and 12 others v Russia and Georgia and Aleksanyan v Russia. Leutheusser-Schnarrenbergers recent PACE report on politically motivated abuses of the criminal justice system is a powerful indictment of the failure of the Russian Federation to entrench a meaningful institutional framework that engages with the rule of law. The report highlights a multi-layered problematic of political and hierarchical vectors of pressure on judges to secure convictions; retrogressive legislative proposals that call into questions Putins implementation of jury trial; the endemic failure to safeguard defence lawyers from coercion and realise a truly independent objective procedure for their selection and quality; serious investigative flaws; and unremitting legal nihilism. The systemic pervasive abuse of human rights in Chechnya represents perhaps the most serious Convention violations. It is here that PACE and the CoM face their most urgent challenges. Bowring draws our attention to the recent memorandum on the North Caucasus, exposing violations by security forces, including enforced disappearances, torture, extrajudicial executions; and impunity for these violations of international law; while Leach candidly outlines the scope and extent of the crisis; the first Chechen cases demonstrate the real limitations of the individual rights mechanism of the European Court as a forum for resolving wide scale, systemic and serious human rights violations. In his recent visit to Birkbeck College, Leach vividly underscored the paradoxical and lamentable and legally unsatisfactory problem of non-disclosure (ND) of domestic case files, in spite of repeated requests made by the Court. 33 of the 37 Chechen judgments have been characterised by this problem, notably Basayeva and Others v. Russia and Bitayeva and X v. Russia and Isayeva, Yusopova and Bazayeva v. Russia. The Court in Bazorkina v. Russia pointed out that documents of the criminal investigation are fundamental to the establishment of the facts and their absence may prejudice the Courts proper examination of the compliant both at the admissibility and merits stage. Chechnya aside, Leach identifies a further threefold problem of implementation vis-Ã  -vis Russia, confirmed in Pourgourides 2008 CLAHR Report; deficient judicial review over pre-trial detention, resulting in excessive periods of detention and overcrowding; the Nadzor procedure supervisory review of final judicial dec isions; and the urgent complex problem of the non-enforcement of domestic judicial decisions against the state In the context of these problems, can there be any hope for optimism? Bowring draws our attention to the often ignored historical context which has characterised Russia as part of a long and complex relationship with human rights and with the rule of law and judicial independence, which are its essential underpinning. It is in this context he argues that the ECHR, rather than an alien implantis to a large extent a restoration of the reforms of the 1860s. Ghorkova contends current legal reforms and the creation of the rule of law and a civil society with the appropriate structures and mechanisms to protect human rights and fundamental freedoms as well as the participation in the activities of the Council of Europe, are wholly in line with Russian Interests. Behind Russias posturing is, according to Bowring a serious engagement with international law its commitment in terms of diplomatic and financial resources is substantial; and compliance with its obligations indeed, in 2007 the ECtHR heard 192 complaints against Russia. Russia won just 6 and paid in full the orders for compensation in every case. In addition, in a wider sense, Leach points out the pre-eminent position of the CoE vis-Ã  -vis Russia in view of the inability of the United Nations effectively to sanction Russia over human rights abuses, and as a result of Russian suspicion about the motives and aims of the OSCE. Entrenching the rule of law in Russia will be a slow process. However, the mechanisms for its success are at least in legislative terms visible. It is my contention that through the work of the CoE and ECtHR, the Russian Federation will make a true engagement with human rights. As we shall explore below, the right of individual petition is an essential part of this process. It is easy to dismiss the Court as having failed in its mission when confronted by the ongoing abuses of rights in Russia. Yet this depends on how one defines success. From Systemic Individual Justice to an Abstract Constitutional identity The critical mass of applications lodged coupled with systemic non implementation of Court judgements has led Wildhaber to a paradoxical observation; that the quantum leap in recognising the individual as a subject of international law, has reduced the capability of the ECtHR to ensure the safeguarding of the individual from violations of Convention rights. That the Courts well noted asphyxiation is intrinsically related to the right of individual recourse is clear. De Vries April 2009 CLAHR Report lays bare the unsustainable increase in applications, principally in the wake of post-communist accession, underscoring the urgent need to tackle obviously inadmissible cases; repetitive cases that concern established systemic defects; and to concentrate on the most important cases. The inferences drawn from these stark figures have been decisive shaping proposals to ameliorate the crisis; but moreover reveal the wider battle for the soul of the ECHR borne out of competing understandings of the Courts function. The crippling application rate is for Greer emblematic of the intrinsic failure of the CoE structure to systematically deliver individual justice; intrinsic since individual recourse is a flawed paradigm. Foremost, the Convention system was, according to Greer, simply not designed as a conduit for the fulfilment of individual human rights through the medium of individual petition, but rather the protection of democratic identity through the medium of human rights. Its contemporary utility is thus encouraging European public organisational, legal and ideological parity though articulation of an abstract constitutional model member states should then apply. Greer goes on to cast doubt over the possibility of the ability of the Convention system to deliver systematic justice to every applicant, concluding that given this individual justice becomes arbitrary. Finally, he argues that where cases are adjudicated in favour of the applicant, they are often hollow victories marked by symbolic rather than instrumental awards of just satisfaction, but beyond that little else. Consequentially he argues the urgent need to that the cases the Court does select for adjudication represent the most serious Convention compliance problems in Europe, and that they are settled with maximum authority and impact. Wildhaber agrees, the need for the Court to concentrate its efforts on decisions of principle However, for Sir Stephen Sedley, the proposal to introduce a discretion to refuse to entertain cases which are legally admissible is a counsel of despair; to do this would be to abandon the Courts crucial role, which is not that of a Supreme Court, but that of a tribunal of last resort for citizens of non-compliant states. This, he argues may be attractive to judges but is less attractive to citizens of sates which persistently or systematically fail to observe the convention. And this is less attractive still in light of the concern that amendments to the admissibility criteria will restrict the right of individuals to seek redress at the European Court, without ade quately tackling the problem of the increasing number of Convention violations across Europe. Conclusion: Why Bother? Camerons renewed pledge to repatriate the Human Rights Act (1998) (HRA) with a British bill of rights to better tailor, but also strengthen, the protection of our core rights may soon be a reality. DPP Kier Starmer has made an impassioned defence of the HRA and broad impact of Convention jurisprudence on the CPS: the common law sometimes struggles with a coherent approach to human rights; the Human Rights Act is an essential component of the framework within which everyones rights may be protected. The ECHR has shored up the right to a fair trial in the UK, the CPS underscoring the relationship between Article 6 and its work securing the fairness of trial proceedings in criminal proceedings. It was central to the development of PACE (1984), ensuring formality of interrogation and ending miscarriages of justice through uncorroborated evidence. Regina v Fulling (1987) demonstrates the efficacy of PACE safeguards against evidence collected under oppression, contrary to the ECHR; the meaning of the term (oppression) reflects the wording of Article 3. Starmer underscores the positive obligation on the state to take reasonable steps to protect potential victims from a real and immediate risk to their lives from criminal activity. When they (victims) unfortunately acquire that status, they have the right to an effective investigation. These are rights that spring from the Human Rights Act, not rights that conflict with it. Critically, they are now enforceable in court. Through the application of the ECHR, challenges may be made under Section 78 PACE as to the admissibility of the evidence obtained; and victims have the right to challenge decisions not to prosecute, particularly where they can point to poor decision-making or inappropriate consideration of irrelevant factors in that process. The HRA is central to legal certainty and transparency, and development of a modern public prosecution service prosecuting firmly and fairly, in an open, transparent and independent way; supporting victims and witnesses by enabling, encouraging and supporting their effective participation at all stages in the criminal justice process; and a commitment to respect and protect the human rights of all those affected by our decisions, whether they be victims, witnesses, suspects or defendants. Klug demonstrates the tangible protection of freedom under the Human Rights Act in sixteen important areas; freedom of association; private and family life; freedom of expression and the media; terrorism; torture; jurisdiction in Iraq; protecting the right to life; investigations into deaths; marriage; asylum seekers; disability; mental health; restraint of young people in secure training centres; sexual orientation; race; and gender. A few examples of Case law in these areas make a powerful case for Strasbourg litigation. A and others v UK (2009) held that the incarceration of suspected international terrorists under the Anti-Terrorism, Crime and Security Act 2001 without charge or trial was disproportionate and discriminated on the ground of nationality or immigration status. In R (H) v Mental Health Review Tribunal, the rights of those detained under the Mental Health Act (1983) were bolstered by the shifting burden of proof for continued detention onto the health authority. Prisoners rights have been enhanced, including the granting of voting rights in Goldberg and Others v. Minister of Prisons (1979); the freedom from censorship of correspondence, in Silver and Others v. UK (1980); and changes to cell policies following the racist murder of a prisoner in R (Amin) v SSHD (2003). R (Baiai) v SSHD (2008) was important ensuring the sacrosanct right to marry under Article 12 was free from discrimination on the grounds of immigration status. Leach, in his recent visit to Birkbeck College drew attention to the heart-rending fact finding missions in Anchora in the early 1990s, highlighting serious pervasive violations of the Kurdish minority in South East Turkey. The deplorable case of Aydin v. Turkey (2005) is emblematic of the effect of individual petition and its fundamental importance to the effective protection of the substantive rights and freedoms provided for in the Convention. It is perhaps through this significant programme of litigation, setting key standards in violations of Articles 2, 3 and 5, and delivering access to justice to those most vulnerable and marginalised members of society that the true point of litigation in Strasbourg is made. For those in the North Caucuses, 2009 has been a frightful year, symbolised by the death in Grozny in July of Natalia Estimirova, followed a month later by Zarema Sadulayeva and Alik Dzhabrailov. Through the delivery of constitutional justice those most vulnerable people whose voices so desperately need to be heard will be cut off from the most advanced international system for protecting civil and political liberties. Barkhuysen and Emmerick contend that the Courts constitutional legitimacy and moral authority are derived through providing legal protection to individuals by breaking the State Partys sovereignty. This unique achievement, unprecedented in international must be defended. It is here that the point of Strasbourg litigation is to be found.

Environmental Degradation In Mauritius

Environmental Degradation In Mauritius Environmental degradation is the deterioration of the environment through depletion of resources such as air, water and soil; the destruction of ecosystems and the extinction of wildlife. It is defined as any change or disturbance to the environment perceived to be deleterious or undesirable. The main environmental problems facing Mauritius are water pollution, soil erosion, and preservation of its wildlife. The sources of water pollution are sewage and agricultural chemicals. Mauritius cities produce 0.1 million tons of solid waste annually. The erosion of the soil occurs through deforestation. The Ministry of Housing, Lands, and the Environment has principal responsibility in environmental matters. As of 2001, only about 1.8% of the nations total land area is protected. According to UN reports, Mauritius ranked third in the world on the list of countries with the most endangered species in the mid-1990s. In 2002, there were 44 extinct species. As of the mid-1990s, 3 of Mauritius mammal species and 10 of its bird species were endangered, as well as 269 of its plant species. Endangered species on the island of Mauritius include the pink pigeon, Round Island boa and keel-scaled boa, green sea turtle, and Mauritius varieties of kestrel, parakeet, and fody. Extinct species include the Mauritian duck, the Mauritius blue pigeon, and the red rail. One of the biggest threats that the environment faces today is environmental degradation. One of the main reasons for environmental degradation is human activity. Rampant burning of fossil fuel and deforestation are major causes of this degradation. Also, over hunting, expansion of residential areas, increasing population and industrialization are degrading the environment beyond repair. The toxic chemicals let out by industries end up contaminating the water bodies. This, in turn, makes the water bodies polluted and the water is not fit for drinking or irrigating land. Also, greenhouse gases like carbon dioxide, are contributing to the gradual warming of the planet, a process known as global warming. This warming is having a negative impact on the climate and we can observe climate change everywhere. Agricultural activities are wreaking havoc with the environment. Agriculture is leading to degradation of the soil and contamination of ground water due to excessive use of chemical fertilizers. Strong economic development Strong economic development on a small territory is generating threats on environment. In a developing country, there is often a gap between development and prevention or correction measures. In Mauritius, we have very fast development simultaneously causing numerous problems, a lack of human resources and frequent undeserved privileges. There are various conflicts of interest on a small space, particularly on the coastal zone, between various activities. Tourism in Mauritius The tourism service provider in Mauritius is heavily dependent on natural resources, that the physical environment. The traditional marketing approach of sand, sea and sun has created a mindset that led to the concentration of tourist facilities in coastal areas. Coupled with an economys growing dependence on tourism revenues and the agglomeration of hotels on the coastline, tourism has developed into a sector of the economy in its own right which has led to a greater use of coastal and marine resources. This dependence is not without cost, both for the economy and industry. According to Empretec Mauritius, the tourism industry has undoubtedly contributed to the degradation of coastal and marine environment. The actions of the tourism industry have a close relationship with the coastal and marine resources and are heavily dependent on coastal and marine resources. As there are fragile ecosystems and which are interconnected in coastal areas, they are experiencing increased stress due to human activities such as fishing in the lagoon, pollution, erosion, overexploitation of coastal waters and coral. The actual construction of hotels directly on the beach head has significant environmental impacts. Very often, there are sediment run-offs into the lagoon and haphazard disposal of construction wastes into wetlands. When permission is given for works directly in the lagoon, such works very often involves dredging and excavation which increases turbidity when mud is disturbed and is carried away by currents to be deposited somewhere else in the lagoon, on corals for instance. Furthermore, often Government grants permission to remove beach rocks to create bathing areas as was carried out in the south of the island a few years back (2004-2005). Such works interfere with beach dynamics and interestingly enough, this has often resulted in beach erosion. A few years later the hotel promoters were forced to replace some of the rocks to mitigate the beach erosion they created in the first place. Heavy construction works in lagoon 2005 west coast In the seventies and eighties it was very common for hotels and bungalows to build jetties that impeded greatly the long shore current which in turn caused local accumulation of sand in one place and sand erosion in another. These jetties also impede the free passage of the public up and down the seashore. At times there were even high walls that descended right into the sea so as to physically prevent people from walking in front of a number of bungalows. It took energetic action in the early nineties from authorities to gradually put an end to this disgraceful practice. Indeed, government workers were sent together with officials to pull down those walls and jetties thereby re-establishing long shore currents and also permitting the free passage of the public. Example: Grand Gaube By 1992, hotels with more than 75 rooms must have, by law, a water treatment plant on site, it is not known whether all the different hotels treatment plants are really adequate to cope with the load or whether some seepage does occur at times which could have adverse effects on the lagoon. Sometimes sewage treatment plants were built close to the seashore as was the case in 1990 in the north. Sand erosion caused by the construction of piers and other hard structures close to the sea shore and by sand mining (thankfully banned in October 2001) is a significant problem as detailed in the Baird report of 2005. The seriousness of the problem can be gauged by the fact that the Government has, over the past years, built sea defenses at certain places round the coast like Grand Baie, Cap Malheureux and Flic en Flac. The defenses consist of placing at selected places gabions which are wire netting cages 1 metre cube in volume filled with rocks. The objective of this method is to hold sand in place and permit the local accumulation of sand. Unfortunately gabions tend to disintegrate with time for instance at Flic en Flac. The clearing of sea weeds, corals and other rocks in the lagoon close to the shore has regularly been carried out to create suitable bathing areas or sky lanes for hotels. Though, in some cases, the clearing is fairly innocuous, on a couple of occasions, it cannot be said to be so. It needs reminding that sea grass beds are nurseries for fishes and other sea creatures. In 1993, the Touessrok Hotel at Trou Deau Douce (east coast) carried out very important works in the lagoon with the necessary Environmental Impact Assessment report. The government of that time informed the management that the ministry has no objection to the implementation of the proposed works in relation to (i) the dredging of the inner cover and of the two channels (ii) dredged material treatment and handling onshore (iii) beach recharging and widening (iv) erection of a groyne and (v) the construction of an artificial breakwater to protect the cove beach, provided that the following conditions are observed (Le Week End 20th of June 1993). Though the local fishermen went to court to obtain an injunction, it does not appear that they managed to influence the course of things. From 1995 till 2000, promoters fought hard to have a hotel built on ilot des deux cocos in Blue Bay Marine Park. Their initial works in August 2000 did cause damage to coral fields in the vicinity. However for once Government had the initial works stopped and subsequently rejected their Environment Impact Assessment report in April 2001. It is worth mentioning that it is the first time that a hotel project had been rejected by the Authorities on purely environmental grounds. It is undoubtedly a landmark in environmental management in Mauritius. It is possible that from then on promoters might be a little more aware of the importance of sound environmental management for the tourism industry. Unfortunately, little is at present known on the impacts of hotel development on the coastal and lagoon ecology. Yet there is anecdotal evidence that points to sewage seepage from hotels into nearby lagoons in spite of most hotels having primary and secondary sewage treatment plants. In several places, bungalows and even hotels have been built on wetlands or marshy grounds, for example at Flic en Flac or Grand Baie. This has resulted in a drastic reduction of wetlands around the coast, hence wetlands are no longer there to act as natural filtering systems of either sewage or storm waters. The water table at Grand Baie has risen significantly, for example, and is now only a metre deep. Flooding and pollution by sewage is now a reality in parts of Grand Baie. At Flic en Flac also, construction of hotels and bungalows has been going on for years on marshy lands. And now certain parts of Flic En Flac are regularly flooded after heavy rains with little scope for a permanent solution to the despair of residents. It is important to realise that wetlands act as natural filter beds cleaning storm or rain waters before they enter the lagoon system. Lack of wetlands inland can lead to sediments finding their way into the lagoon thereby polluting it. Environmental Impact of the Recreational Use of Beaches One of the main impacts of the use of beaches by the public on the environment is the fact that a fair proportion of the public fails to use the dust bins provided on the beaches for the proper disposal of solid waste. Hence, at times and on certain beaches, there is solid waste accumulating on site. This waste, apart from being unsightly and a source of bad smells attracting rodents, can drift into the lagoon waters thereby polluting it. Furthermore, at certain places, the lagoon is used by some people as a huge and uncontrolled dumping ground. Regularly, non governmental organisations working in the field of the environment and professional divers team up to remove from the lagoon bottom large quantities of solid waste which found its way there. For example on the 7th of June 1997, during the World Environment Day divers removed from the lagoon of Blue Bay ( South of the island ) car and truck tyres, old nets, discarded plastic bags and bottles, broken plates and even radio sets. At low tide, it is common for locals or tourists to go reef walking sometimes even at night. The potential for coral damage is evident. In the nineties undersea walking was introduced as a tourist attraction. This activity has lead to localized coral reef damage. Nowadays authorities have ceased to issue new permits for this activity, though previous operators appear to continue their activities. Environmental Impacts of pleasure Boats Operations Anchor damage by pleasure crafts or fishing boats is thought to be a significant factor in the destruction of corals whilst oil seepage from motor boats can have an impact on lagoon health, especially in places like Grand Baie where there are lots of boats at mooring. Over the years there has been a fairly widespread effort to install mooring buoys especially at popular diving sites in order to limit anchor damage. There is evidence that this measure has helped to a certain extent. Boating operations in lagoons have often created conflicts with swimmers on public beaches when boat operators openly flout safety regulations and common sense by loading and offloading passengers for boat trips directly from public beaches and travelling at high speed close to the sea shore. Authorities had to demarcate bathing areas along popular beaches to limit accidents. Coastal zones are undoubtedly under heavy use, and pressure will not cease in the foreseeable future as long as there are significant increases in tourism arrivals and with more of the population going to the sea side for leisure activities. With the world economic and financial crisis of 2008 2009, tourism arrivals have begun to drop. Although no-one knows how far or how deep this present crisis will be, reductions in tourism arrivals will lessen pressures on coastal zones, thereby opening up a window of opportunity to put in place a coherent coastal zone management plan.

Monopoly :: essays papers

Monopoly The Monopoly a) Using Australian examples describe the characteristics of the two of the following forms: Monopoly Oligopoly The main characteristics of an oligopoly are: Â · The market is dominated by only a few companies, which are relatively large. Â · The production of identical products which are similar. Â · There are significant barriers to entry. Â · The interdependence of production decisions within the market. An Oligopoly market exists in which a small number of firms dominate the supply to an entire market. Each firm producers a very similar product. In Australia the oligopoly is the major market form. It is because Australia is so small market located far from overseas markets and this thus requires producers to be larger, so they are more competitive. There are hundreds of examples of oligopolistic industries, e.g. cars (Holden), breakfast cereals (Kellogs) This market form does not only depend on the larger producers, but the recognition of their interdependence, the action of one producer will affect the actions of others and each oligopoly firm watches their rivals closely. Oligopolies compete fiercely for market share, therefore the competition for existing or new consumes is intense, as each producers products are very similar. As a result oligopolists have little influence over price. For example Shells petrol is very similar to Mobil petrol, therefore these two companies watch each other closely. Oligopoly firms attempt to make their products different in the eyes of consumers. This can be achieved in many different ways. Firstly by providing quality improvements in goods or services such as electrical sound equipment, secondly by different packaging or wrapping, thirdly by bonus offers or prizes on purchase, for example Just Jeans offering free sunglasses. The more product differentiation among oligopoly firms, there is a more chance of each firm has being independent from its rivals when setting price or output. It is hard for new firms with a small market share to enter the oligopoly market and produce enough to make the product cheap for consumers to buy. The small amount of large firms can often produce large amounts of quantity to provide for all consumers to purchase. It is difficult for new firms to win market shares form existing producers, particularly if those firms have large advertising budgets, licenses, design patents or restrict access to raw materials on one way or another.

Steinbecks Experience and Its Reflection in His Work Essay -- Literar

A plethora of emotions triggers a person's motivation to write. Whether it is disappointment, fear, bliss, or pure excitement, feelings produce an overwhelming sensation. The response to these feelings can rise from a person's environment, relationships, interests or current struggles. However, emotional madness can be simmered down through a practice of writing (Science 20). Clinical trials indicate that writing about deep or traumatic experiences can clear the mind of all the â€Å"confining† stresses and emotional suffocation (Bolarius 2). In detail, a new brain imaging study, conducted by UCLA psychologists, reveals how â€Å"verbalizing† feelings can cause a sense of peace and prove to be a â€Å"cathartic† exercise (Science 20). In fact, writing down emotions born from experiences provides an opportunity in the documentation for posterity. In the same way, John Steinbeck, the author of Nobel Prize winning literary work, has marked milestones in the h istory of literature, leaving insightful and evocative images in the hearts of millions and for future generations. Steinbeck's work has drawn influence from several events in his life. David Bender, author of the Literary Companion, writes that any â€Å"serious† work from Steinbeck â€Å"must begin in his western home of the Salinas Valley† (Bender 13). Steinbeck's strong relationships and time growing up in the West were tremendous influences in his novels The Grapes of Wrath and The Pearl, as well as his short story â€Å"The Chrysanthemums.† Most writers of the first half of the century focused on the characterizations of men and their motivations (Hughes 154). However, Steinbeck differed in this approach; he continuously wrote works that shined a heroic light on women. The relationships he ... ...ichigan Department of Education, 2002. Hughes, R.S. John Steinbeck. Study Of Fiction. San Diego: Twayne Publishers BOSTON, 1989. 218. Guthrie, John. "Cedar Street Times." cedarstreettimes.com. Cedar Street Times, n.d. Web. 3 May 2012. Millichap, Joseph R. "Biography Of John Steinbeck." Critical Insights: The Grapes of Wrath. 14- 19. Salem Press, 2010. Literary Reference Center. Web. 3 May 2012 Plimpton, George. "Journal of a Novel." Viking Press. N.p., 1969. Web. 3 May 2012. john-steinbeck>. Timmerman, John H. "The Wine Of God's Wrath: The Grapes Of Wrath." Critical Insights: The Grapes of Wrath. 235-266. Salem Press, 2010. Literary Reference Center.. 7 May 2012.

Dignity is Common Knowledge :: essays research papers

Dignity Dignity is not something that you find within everyone, it is a question of philosophy. Some say it is human nature to be undignified and it must be taught by parents or teachers. Others think that we are all born with the knowledge of proper behavior, and it is the law which makes some people act undignified. I myself believe that we are all born with a common knowledge about how to act around others, and we choose whether or not to abide by that sense. There are benefits of learning to behave tastefully within the public?s eye and disadvantages if we choose to not behave respectfully. We are all born with a sense of dignity, and as we grow older our action bring us gain or lose to that dignity and what others see within us. Human dignity is a sense of how we respect others and how respect ourselves. If you mistreat people and show no respect towards them, they will see you as a person with a low sense of dignity. If you treat people with the respect they deserve and act with a tasteful manner towards them, they will see you as a person with a high sense of dignity. When others see you as someone with low dignity, you are out casted. It is easy to dislike someone who is disrespectful, and who reacts without thinking. Not learning to act properly at a young age affects you as you get older. At a younger age it can be passed up as acting up and not knowing what you are doing. But with age, a more tasteful behavior will be needed. Without such behavior, it would be hard to keep a job which interacts with others, and it would be hard to find lifelong friends that would respect you as you are. When others see you as someone with high dignity, you are more likely to be accepted by others. Just like the old saying ?Treat others, like you wish to be treated?. If you act respectful towards others, they should treat the same. You must treat people as more then just objects, if you are respectful you would look them and the eye and see them as your equal. Learning to act respectfully is easy, simply think before you react. Think, would you say that to yourself, or would you do the following act to yourself.

Lady Macbeth Letter Essay

I have just finished reading a letter hand written from my husband Macbeth. He has informed me about a mysterious prediction that was made to him by three not mortal beings. The letter tells of how his prediction says he would be King of Scotland, and before this Thane of Cawdor. The foresight that he would be Cawdor was not incorrect – so why not to be king? My wonderful husband could become king and I, Queen of Scotland. Macbeth would be a noble king, far more worthy than Duncan. King Duncan is not fit to be called a man let alone king of a country grand as Scotland. My courageous Macbeth was the reason the war against the barbaric Norwegians was won, not Duncan. The only problem is by the time Duncan’s reign on the throne has ended, when the wretch is dead and buried, I too and Macbeth shall most likely be old and feeble – if not dead ourselves. I must find a way to put an end to Duncan, I cannot risk losing an opportunity as grand as this for Macbeth and myself. Perhaps murder is the only options, I could not commit such a thing myself, I have not the strength nor the willpower but Macbeth? The trouble would be convincing him, Duncan has such high opinions of my love and Macbeth returns the favour equally as well; but he loves me and I am sure I can convince him. Maybe when I show him what this could mean for us and use my feminine charm on him he’ll be convinced. I am not deceiving him, the eventual result is for his benefit, how I miss him so much already, he’s such a wonderful man and would make such a worthy king. I can hardly wait for him to return, it’ll be so wonderful. He was a born ruler, my true love; we shall be King and Queen Macbeth of Scotland. I do not care that ‘God’ chose King Duncan – I will give my husband his crown and we shall rule. Even if I have to call down the evil spirits and take my emotions away, I want to feel like a man and kill him without remorse. I must go now and decide how he shall die, farewell.

Childhood Memory Essay

I would define childhood as a never ending vacation, a rollercoaster ride that never stops exciting and entertaining, making life worth living. But childhood also has its memories that a person would remember when they grow up or probably when they are sharing with their kids about what they cherish the most or what made them realize how beautiful childhood actually was compared to being grown up. The memory that still makes me rethink about my decision and makes me wish that I could go back in time and reverse it, during my childhood I had a craze for riding bicycles with my friends. During one sunny afternoon, I and my best friend George went for a ride in our neighborhood. Enjoying the lovely weather and scenery, we were following our usual routine for weekends which was to go around and just talk and enjoy the time together, but one day something different happened. It was 4 in the evening and it was getting a little cold outside so we decided to have a small race before we could head back home and watch some television. We decided our starting and finishing points and after a long debate we decided whoever wins would get an extra pack of chips during the television time. So after we got to the starting point we both were eager and ready to beat each other and finally we took off, George being the more fitter was in the lead from the start but I did not give up. Teasing away and making fun of me George was certain to win the race when something very shocking happened. Without knowing George accidently ran on top of a small puppy across the street and in doing so he fell down from his bicycle and looked badly injured. I could not help but to go for the finish because I wanted to win. As I got back to where George had fell and started laughing at him for loosing then suddenly I realized George was crying not because he was injured because the puppy badly wounded. I freaked out and had no idea what to do so we decided if we go and tell someone we might get in a problem so we decided to run away to get back home. After we got home I was so scared to even tell my mom what caused George to fall and lied that he fell because of a stone that was on the road and we were not racing. I could not sleep and I decided to tell my mother what had actually happened. My mother was upset and she told me that instead of wanting to win just for an extra pack of chips I should have tried to save the puppy and also take care of George earlier. That night I learned my lesson that winning is not everything, sometimes loosing makes you a better winner.