the enforcement of EU law :: essays research papers

To answer this question I will firstly explain how EU law became incorporated within the member states I will then explain the various types of EU legislation's in circulation. This is important to define as the various types of methods will involve different enforcement procedures. Finally I will explain how EU law is enforced and the ways EU law will effect the member state and individual businesses. I will summarise my findings at the end of the essay, this will give details of all the key ideas I have ut across. The Schuman proposal began various European countries setting up the European Coal and Steal Community (ECSC), this was signed in 1951 by six countries. The countries that initially set up the ECSC were France, Germany, Italy, Luxembourg, Belgium and the Netherlands. The idea behind the ECSC was the first serious institutional committee in Europe and was the start of integration, the aim was to provide a common market of coal and steel trade. This meant that each of the states would be able to have access to the various qualities of coal and steel that the members had with no tariff of importing and exporting to the various countries. This let the countries concentrate on their more efficient areas leading to specialisation. The ECSC began the beginning of supranational power because the "High Authority could adopt binding decisions" (1) as elements of decision making were carried out by ECSC committees. A supranational power is where the member state has to abide by the de cisions made of the community, as they have power above the national level. When the EC makes a law it is up to the individual state to implement the legislation. An example of EU law which has been passed which has been adopted in the UK is that of the directive 75/117 which states that men and women should receive equal pay. The UK government adopted this directive with the 1975 Sex discrimination Act. There are a number of methods EU legislation is formed for instance regulations, directives and decisions are three different types of EU legislation. I am going to briefly explain these three as the way they will be enforced are different. Regulations have general application that means that all the member states have to adopt the regulation; the member state is expected to adopt the whole regulation. Regulations are directly applicable which means that the "individuals have rights that they can enforce in their own name through national courts"(2).

Americas Cuban Conundrum

MARKETING 505 Assignment #2: Case 5-1 â€Å"America's Cuban Conundrum† ABSTRACT This paper analyzes the key issue that prompted the EU to take the Helms-Burton dispute to the WTO. It will decide who benefits and who suffers from an embargo of this type and it explains the rationale behind the conclusion. It also presents a resolution to the trade situation between the U. S. and Cuba. Finally given the trade relations it determines what type of economic barriers would have to be overcome by a U. S. firm to conduct business successfully in Cuba. Assignment #2: Case 5-1 â€Å"America's Cuban Conundrum† In 1996, President Bill Clinton signed the Cuban Liberty and Democratic Solidarity Act, also known as the Helms-Burton Act. The President’s actions came after Cuban MiGs shot down two U. S. civilian airplanes, killing the four Cuban-American who were on board. † (Green & Keegan, 2011) The Helms-Burton freezes the embargo against trade with and investment with Cu ba. It is a controversial act since it arouses a lot of negative attention on how the U. S. government is manipulating its power to impose its political views on other countries’ economies.The key issue -that prompted the EU to take the Helms-Burton dispute to the WTO -was mainly because they felt that it violated international rules dealing with trade. The EU had a dispute with the U. S. regarding testing agriculture, trade and investments and biotechnology issues which was brought to the attention of the WTO. It felt as if the United States was unlawfully exercising its jurisdiction extraterritorially, in that it was threatening to punish lawful activity such as trade, investment, and tourism carried out by the residents of independent countries. It is no exaggeration to say that U. S. olicy toward Cuba is now rejected and sharply criticized by the rest of the world. Other nations point out, moreover, that while America insists on maintaining its embargo and other pressures against Cuba because of the latter's human rights abuses, the fact is that Washington has close relations with–and extends Most Favored Nation treatment to–the People's Republic of China, Vietnam, Indonesia, and other states that are no more democratic than Cuba and have far worse human rights records, arguing that engagement, trade, and dialogue will do more to bring change in those countries than isolation. (Smith, 1998)It is obvious that the embargo affects a great number of people. To be all fair and neutral it would be necessary to highlight that to a certain extent, both countries are suffering and their benefits are minimal from this embargo. If it was to cease and somehow both countries came to an agreement and decided to put it all in the past and start from fresh, they would both benefit greatly. Production would increase and the producers on both countries would prosper. Cuban resources would be available to the U. S. Market and American producers would imp ort cost effective products that are not available in Cuba.An increase in capital from investors would make the economy run and prosper. A resolution to the trade situation between U. S. and Cuba represent the lifting of abolishment of the embargo. Castro’s regime and that of his successor, his brother Raul, have always talked a good anti-embargo but have not made the least effort to walk the talk, since this embargo may constitute the real reason of their continued hold on power since it gives an â€Å"antagonist† to the Cuban people, to the Cuban progress and it gives them an enemy to blame for the failure of Castro’s socialist revolution.In the U. S. there has been a lot of talk as well. President Obama was in favor of lifting of the embargo in 2004, ever since his views and actions changed, however he continued on implementing new policies that are in favor of establishing some type of relationship with the Cuban community. In 2004 President Obama who was th en a senator said: â€Å"I think it’s time for us to end the embargo in Cuba,† the then-Senate candidate said. And I think that we have to end it because if you think about what’s happening internationally our planet is shrinking, and our biggest foreign policy challenge — and it fits directly into the battle on terrorism and it fits into issues of trade and our economy — is how we make sure that other countries, in developing nations, are providing sustenance for their people, human rights for their people, a basic structure of government for their people that it’s stable and secure so that they can be part in a brighter future for the entire planet. And the Cuban embargo has failed to provide the source of raising standards of living and it has squeezed the innocents in Cuba,† Mr. Obama continued, â€Å"and utterly failed in the effort to overthrow Castro, who’s now have been there since I was born. So, it’s time for u s to acknowledge that that particular policy has failed. † (Speigel, 2009) But in 2008 he declared the opposite: â€Å"I will maintain the embargo,† Mr.Obama said in a speech in Miami on May 23, 2008. â€Å"It provides us with the leverage to present the regime with a clear choice: if you take significant steps toward democracy, beginning with the freeing of all political prisoners, we will take steps to begin normalizing relations. That’s the way to bring about real change in Cuba – through strong, smart and principled diplomacy. † (Speigel, 2009) For change to come about, a major event will have to take place.This situation seems like a non-negotiable on both sides where for the past 50 years they have agreed on disagreeing which isn’t the way to change the lives of all those people suffering and all those people that in one way or another are being affected negatively. In the unexpected event that trade relations resume between the U. S. a nd Cuba, some of economic barriers that would have to be overcome by a U. S. firm to conduct business successfully in Cuba. Firms will always be alert to any risk or uncertainty that can bring about the loss of assets or revenue due to unstable legal processes or corruption.Seizure of Assets for example: â€Å"The ultimate threat a government action to dispossess a foreign company or investor. † (Green & Keegan, 2011. ) Nationalization, expropriation are eminent threats in country with a dictatorship such as Raoul Castro and Fidel Castro. There would have to be some specific amendments to the international law which will pretty much guarantee to the firms and investors, any assets invested in the Cuban Market. Firms and Investors would have to take extra steps in order to protect their selves and clearly recognize the levels of juridical power for Cuba and for the U. S. s well as proactively protect against corruption and piracy which could be a primary issue in Cuba, with a strong intellectual property protection strategy. Any and all can be done once the embargo is lifted, but this would be the first step to greater changes and reforms, without it everything is only assumptions. This paper analyzed the key issue that prompted the EU to take the Helms-Burton dispute to the WTO. It decided who benefits and who suffers from an embargo of this type and it explained the rationale behind the conclusion. It also presents a resolution to the trade situation between the U.S. and Cuba. Finally it has determined what type of economic barriers would have to be overcome by a U. S. firm to conduct business successfully in Cuba. Work Cited Green, M. , & Keegan, W. (2011). Global marketing. (6 ed. ). Upper Saddle River, NY: Prentice Hall. Speigel, L. (2009, April 17). Presiden obama-who once supported, but no opposes, lifting the embargo-seeks â€Å"new beginning† with cuba. Retrieved from http://abcnews. go. com/blogs/politics/2009/04/president-ob-19/ Smith, W. (1998). Our dysfunctional cuban embargo.. (Vol. 42).

A view on Edward Snowden’s case Essay

American security consultant working for NSA on behalf of Booz Hamilton consulting Leaked top secret US and UK govt surveillance programs data to press bcoz of his â€Å"conscience† Charges on him of : espionage, theft of govt property. Leaked it to Guardian. Also, Nuremberg 1945 act says that â€Å"individuals have international duties that transcend national obligations of obedience. Therefore individuals have the duty to violate domestic laws to prevent crimes against humanity† Daniel Ellsberg did similar expose in 1971, releasing US decisions on Vietnam war, and was also awarded in 1978 â€Å"Gandhi Peace Prize†. These â€Å"Pentagon papers† revealed that US knew it was gonna lose the war and that casualties would be higher if it continued. Snowden applied for political asylum in 20 countries but each was indirectly threatened by US. A hero, dissident, traitor, whistle-blower, and a patriot. Snowden made contact with The Guardian in late 2012. Left Hawaii for Hong Kong on May 20, 2013. Iceland was his choice but could not make it coz of fear of being interdicted. A 5min movie Verax was also made showing his successful hiding in Hong Kong 20 applications for asylum. Temporary asylum of 1year in Russia which could be renewed annually. Granted on August 1st Reactions: US National Intelligence chief calls it reckless. Obama dismisses him but still calls him no patriot and Americans were better off without knowing about the surveillance activities. Also, NI chief says it was good coz we needed the debate on secutiry vs privacy since long-time. Bt LAVABIT, an email service provider used by Snowden had to be shutdown after they felt they were going against the grain of being for the people â€Å"What makes us different from other countries is not simply our ability to secure our nation,† Obama said. â€Å"It’s the way we do it, with open debate and democratic process.† If that’s so, then Edward Snowden should be hailed as a hero. There’s simply no doubt that his leaks led to more open debate and more democratic process than would’ve existed otherwise. Obama reluctantly admitted as much. â€Å"There’s no doubt that Mr. Snowden’s leaks triggered a much more rapid and passionate response than would have been the case if I had simply appointed this review board,† he said, though he also argued that absent Snowden, â€Å"we would have gotten to the same place, and we would have done so without putting at risk our national security and some very vital ways that we are able to get intelligence that we need to secure the country.†

New Zealands History, Government, and Geography

New Zealand's History, Government, and Geography New Zealand is an island country located 1,000 miles (1,600 km) southeast of Australia in Oceania. It consists of several islands, the largest of which are the North, the South, Stewart and Chatham Islands. The country has a liberal political history, gained early prominence in womens rights, and has a good record in ethnic relations, especially with its native Maori. In addition, New Zealand is sometimes called the Green Island because its population has high environmental awareness and its low population density gives the country a large amount of pristine wilderness and a high level of biodiversity. History of New Zealand In 1642, Abel Tasman, a Dutch Explorer, was the first European to discover New Zealand. He was also the first person to attempt mapping the islands with his sketches of the North and South islands. In 1769, Captain James Cook reached the islands and became the first European to land on them. He also began a series of three South Pacific voyages where he extensively studied the areas coastline. In the late 18th and early 19th centuries, Europeans began to officially settle on New Zealand. These settlements consisted of several lumbering, seal hunting, and whaling outposts. The first independent European colony was not established until 1840, when the United Kingdom took over the islands. This led to several wars between the British and the native Maori. On February 6, 1840, both parties signed the Treaty of Waitangi, which promised to protect Maori lands if the tribes recognized British control. Shortly after signing this treaty, though, British encroachment on Maori lands continued and wars between the Maori and British grew stronger during the 1860s with the Maori land wars. Prior to these wars, a constitutional government began to develop during the 1850s. In 1867, the Maori were allowed to reserve seats in the developing parliament. During the late 19th century, the parliamentary government became well established and women were given the right to vote in 1893. The Government of New Zealand Today, New Zealand has a parliamentary governmental structure and is considered an independent part of the Commonwealth of Nations. It has no formal written constitution and was formally declared a dominion in 1907. Branches of Government in New Zealand New Zealand has three branches of government, the first of which is the executive. This branch is headed by Queen Elizabeth II who serves as the chief of state but is represented by a governor general. The prime minister, who serves as the head of government, and the cabinet are also a part of the executive branch. The second branch of government is the legislative branch. It is composed of the parliament. The third is the four-level branch comprised of District Courts, High Courts, the Court of Appeal and the Supreme Court. In addition, New Zealand has specialized courts, one of which is the Maori Land Court. New Zealand is divided into 12 regions and 74 districts, both of which have elected councils, as well as several community boards and special-purpose bodies. New Zealands Industry and Land Use One of the largest industries in New Zealand is that of grazing and agriculture. From 1850 to 1950, much of the North Island was cleared for these purposes and since then, the rich pastures present in the area have allowed for successful sheep grazing. Today, New Zealand is one of the worlds main exporters of wool, cheese, butter, and meat. Additionally, New Zealand is a large producer of several types of fruit, including kiwi, apples, and grapes. In addition, the industry has also grown in New Zealand and the top industries are food processing, wood and paper products, textiles, transportation equipment, banking and insurance, mining and tourism. Geography and Climate of New Zealand New Zealand consists of a number of different islands with varying climates. Most of the country has mild temperatures with high rainfall. The mountains, however, can be extremely cold. The main portions of the country are the North and South islands that are separated by the Cook Strait. The North Island is 44,281 square miles (115,777 square kilometers) and consists of low, volcanic mountains. Because of its volcanic past, the North Island features hot springs and geysers. The South Island is 58,093 sq mi (151,215 sq km) and contains the Southern Alps - a northeast-to-southwest oriented mountain range covered in glaciers. Its highest peak is Mount Cook, also known as Aoraki in the Maori language, at 12,349 feet (3,764 meters) above sea level. To the east of these mountains, the island is dry and made up of the treeless Canterbury Plains. On the southwest, the islands coast is heavily forested and jagged with fjords. This area also features New Zealands largest national park, Fiordland. Biodiversity One of the most important features to note about New Zealand is its high level of biodiversity. Because most of its species are endemic (i.e.- native only on the islands) the country is considered a biodiversity hotspot. This has led to the development of environmental consciousness in the country as well as eco-tourism. New Zealand at a Glance Population:  4.9 million (2018 estimate)Capital:  WellingtonArea:  103,737 square miles (268,680 sq km)Coastline:  9,404 miles (15,134 km)Official Languages:  English and MaoriHighest Point:  Mount Cook (Aoraki) at 12,349 ft (3,764 m) Interesting Facts About New Zealand There are no native snakes in New Zealand76% of New Zealanders live on the North Island15% of New Zealands energy comes from renewable sources32% of New Zealands population lives in Auckland References and Further Reading â€Å"The World Factbook: New Zealand.†Ã‚  Central Intelligence Agency, 22 April 2010.â€Å"New Zealand.†Ã‚  Infoplease.â€Å"New Zealand.†Ã‚  U.S. Department of State, Feb. 2010.

How to Make Instant Snow From Boiling Water

How to Make Instant Snow From Boiling Water You probably know that you can make snow using a pressure washer. But did you know that you can also make snow from boiling water?  Snow, after all, is literally precipitation that falls as frozen water, and boiling water is water that is on the verge of becoming water vapor. Its incredibly easy to make instant snow from boiling water. All you have to do is follow the steps below. Materials You only need two things to turn boiling water into snow: Freshly boiled waterReally cold outdoor temperatures, around -30 degrees Fahrenheit The Snow-Making Process Simply boil the water, go outside and  brave the frigid temperatures, and toss a cupful or pot of boiling water into the air. Its important that the water be as close to boiling and the outside air be as cold as possible. The effect is less spectacular or wont work if the water temperature drops below 200 degrees Fahrenheit or if the air temperature climbs above -25 degrees Fahrenheit. Be safe and protect your hands from splashes. Also, dont throw the water at people. If it is sufficiently cold, there shouldnt be a problem, but if your concept of the temperature is mistaken, you could end up causing a dangerous accident. Always be careful when handling boiling water. How It Works Boiling water is water that is at the point of changing from a liquid into water vapor. Boiling water has the same vapor pressure as the air around it, so it has plenty of surface area to  expose to a freezing temperature. The large surface area means its much easier to freeze the water than if it were a liquid ball. This is why it is easier to freeze a thin layer of water than a thick  sheet of water. Its also the reason youd freeze to death more slowly curled up into a ball than if you were to lie spread eagle in the snow. What to Expect If you want to see boiling water turn into snow before you attempt this experiment, you can view a demonstration on the Weather Channel. The video shows a person holding a pot of boiling water and then tossing the scalding liquid into the air. An instant later youll see a cloud of snow crystals falling to the ground. I could watch this all day, the announcer says as she introduces the video, which was shot at  Mount Washington, New Hampshire, the highest mountain in New England. The announcer notes before the video begins that the snow-making folks actually performed the experiment three times- once with a measuring cup, once with a mug, and once with a pot (which is the effort captured in the video). Ideal Conditions In the demonstration video, the temperature of the water was 200 degrees Fahrenheit, and the temperature outside was a frosty -34.8 degrees. The experimenters said that they had diminished success when the water temperature dropped below 200 degrees and when the outside temperature rose above -25 degrees. Of course, if you dont want to go through all of this, and you still want to make snow- or if the temperature outside  is just too warm- you can  make  fake snow  using a common polymer while staying warm and toasty indoors.

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

Technology - Essay Example Therefore, we owe it all to those great scientists and inventors, for making our lives easier and interesting! One of the greatest events that occurred in the history of the human civilisation, that w rought up numerous changes, was the Industrial Revolution. It occured in the late 18th and the early 19th centuries. It started in Britain and gradually, spread across the Western World. The utilisation of iron and coal to generate power paved way for the mechanisation of the textile and transport industry. This helped immensely to increase production, leading to prosperity and growth. The second Industrial Revolution was a consequence of the first one, which is often considered as merged with th second. It took place in the year 1850 and brought some sweeping changes, in terms of electricity generation and utilistaion of the same in the varied industries. The effects of the Industrial Revolution were for the world to see, since life became easier and less stressful! This led to a great spurt in conducting research and experiements in technology, as well. However, the wonder machine, the computer was not in sight, then. Even though Charles Babbage, the Father of Computers had come up with a computer machine in the year 1822, it took more than a century for the computer to gain momentum. This essay reflects and imagines how things would have been, had the computer existed during the Industrial Revolution, with silicon chips and microprocessors making their way into mans life right before the Industrial Revolution! Things would have been turly different! Textile mills and industries would be working on production the way they do today---designing patterns and motifs on the computer and

History Essay Example | Topics and Well Written Essays - 250 words - 86

History - Essay Example Critical thinking is paramount in our day to day lives and provides us with an intellectual approach that facilitates us to choose from the available kind of information what is relevant and applicable in our lives and leave out the rest. The class has enabled me to look at present day as a stepping stone onto the future and that fifteen years from now, the world will have undergone massive transformations ranging from health, infrastructure and the general well being of society (Fea, 2013). Lastly, understanding historical events is essential for effective understanding of the condition of man. This will permit man to build and may also be important in initiating change upon a secured foundation. The most significant determinant of history is time. Time creates history and history exists because of time. And in conclusion, history is situated in time-space, which anchors the cosmos together, framing both the past as well as the present (Fea,