Chiquita Bananas Essay Example for Free

Chiquita Bananas Essay Chiquita is accused for the activities of two psychological militant associations that coerced cash from the organization. Casualties and their groups of the assaults performed by these two psychological oppressor associations are searching for pay from Chiquita, guaranteeing that the organization is answerable for causing those assaults to occur. Chiquita needs to settle on a choice whether to assume the liability for the activities performed by the two associations. Key Facts/Background FARC and AUC (two Colombian associations as of now assigned by the U. S. as fear monger associations) purportedly compromised Chiquita’s officials to hurt workers in the Colombian plant if the organization neglected to give the installments to their â€Å"protection. † Chiquita kept on doing as such until two years after the U. S. assigned AUC as a fear based oppressor association. The U. S. government fined Chiquita for giving â€Å"protection money† to FARC and AUC. Presently the people in question and groups of FARC and AUC are approaching to guarantee remuneration for harms they brought about because of activities that were financed to some extent by the cash gave by Chiquita. In the event that the law that grants casualties and their families to sue suppliers of help to the fear based oppressor associations passes, Chiquita may confront numerous claims for offering this help to FARC and AUC, which may add up to a large number of dollars. The law isn't yet set up yet the issue that Chiquita is confronting is as of now here. Partner Analysis In light of the case one of the primary partners is Chiquita. Offering cash to FARC and AUC in any case was illicit (after 2001) yet in addition not lined up with, what could be seen as company’s commitment to secure its employeesâ€giving cash may have (and really encouraged) the AUC to keep on compromising Chiquita simply like FARC did. The organization didn't show that they are steady and sound in their vision of corporate and social obligation. They couldn't have cared less about the networks they worked in as much as they thought about their own prosperity. The issue is that the installments were at that point made and the organization admitted to it, which finished with a supplication concurrence with the U. S. government. Presently, the test is whether to concede that Chiquita is liable for activities of FARC and AUC on the grounds that â€Å"extortion† cash has been paid. This may result in either claims or settlements for all the harm acquired by the two psychological militant associations, which thus will bring about positive bringing down of the main concern and losing validity. Simultaneously (simply like with the Tylenol case) if Chiquita recognizes without anyone else the bad behavior, it might recuperate its picture of socially mindful organization and show that it is lined up with their convictions of securing individuals (similarly as they ensured their representatives, they ought to ensure all the individuals who are influenced by their activities). On the off chance that Chiquita will hold up until law is passed and, at that point battle about the obligation, it will be expensive, yet in addition the organization will free all the believability they worked with the clients and investors throughout the decades. The U. S. legal framework is another fundamental partner. In the event that the law is passed, the courts in U. S. will be entrusted with settling on a choice of whether Chiquita is surely obligated for, what the organization was accepting to be, paying the blackmail and â€Å"protection† cash to defend their representatives against hurt from FARC or AUC. Here the court might be in a predicament, since the criminal behavior that Chiquita drew in itself in was accepted to be on the grounds that it was attempting to secure existences of their representatives. Presently, with one more law in placeâ€to repay the individuals who experienced FARC and AUCâ€the situation will come down to deciding whether what Chiquita accepted to be the thinking behind these installments, was without a doubt it. On the off chance that truly, might we be able to rebuff Chiquita for attempting to secure their representatives? The other principle partners are the people in question (and their groups) of FARC and AUC’s activities. They are attempting to bring to equity individuals who are liable for their torment. Presently, the test is that they are attempting to bring to equity an organization that was not legitimately yet rather in a roundabout way hurting them. The thinking behind this is the conviction that the cash Chiquita paid was to be sure utilized in harming those individuals. The people in question and their families have option to request equity. The inquiry stays, of who really ought to be brought to equity. Choices Analysis Based on the current circumstance (organization previously confessed to paying the cash, inner reports that the cash provided benefits surpassing the securing of the representatives were divulged, danger of claims), Chiquita has couple restricted choices, which depend on equity and obligation. First choice is to come out now and assume the liability for the activities of FARC and AUC. The law may not be set up yet, however this choice may show that Chiquita is remaining by its guarantee to ensure individuals influenced by its activities. This alternative certainly addresses the cases of casualties and their familiesâ€they will get the pay they are looking for. Chiquita will confront numerous claims and will be hurt monetarily, which influences investors of the organization. For this situation the thinking behind the installments is gotten placeâ€whether it was for corporate increase or insurance of representatives. Another alternative is reject paying remuneration to casualties of FARC and AUC dependent on the way that Chiquita did nothing straightforwardly to hurt them. Additionally, they were ensuring individuals by paying the psychological oppressor. In the event that the law considering the organization liable for these activities isn't set up, the organization and the U. S. equity framework are â€Å"off the hook† and the people in question and families can’t look to have their cases satisfied. On the off chance that the law considering the organization dependable is set up, at that point Chiquita will be brought to equity and both the equity framework and the casualties will have their lawful cases satisfied. Suggestion It comes down to deciding if the organization profited in different manners than shielding their workers from paying for the â€Å"protection† from FARC and AUC. From the data gave in the interior records it appears as though it did. Indeed, even without the inner archives, Chiquita benefitted monetarily from being available for each one of those years in Colombia (Chiquita in Colombia Case, p. 4: as indicated by AUGURA, â€Å"productivity on Latin and Central American manors were multiple times more noteworthy than in the Caribbean, and expenses to import were half lower†). The organization had the immediate advantage in paying the FARC and AUC for their â€Å"protection. † Doing business in Colombia was worthwhile and surrendering it was (around then) more harming than paying psychological oppressor. That’s why my suggestion to Chiquita is to approached and admit to their bad behavior and pay the inquirers for their harms. It will be difficult to run an organization with such past, yet this exercise will (ideally) help stay away from such issues later on (for Chiquita as well as different organizations who are working together universally in shaky political and security situations). Activity Let’s state somebody is taking steps to slaughter me except if I give that person my vehicle. I know the person in question may murder another person with itâ€I wouldn’t surrender it regardless of whether I paid with my own life for it. On the off chance that my family is threatenedâ€I surrender it, since I am answerable for additional individuals. On the off chance that the circumstance rehashes over numerous years and consistently I surrender the vehicle to secure myself and my family, an ever increasing number of individuals are being slaughtered. Do I admit to what that somebody does? Am I liable for this? I would need to imagine that not. In any case, if there is an instance of rehash activities like this, I would need to assume that liability. What's more, that’s why Chiquita should follow up on their center social obligation esteems they lecture. Summation By offering cash to FARC and AUC, Chiquita affirmed of the activities of the two associations. The arrangement is to now assume the liability for these activities.

Essay for My Dad free essay sample

My father is an expert performer so I began playing music extremely early. I began hitting around against the piano at around 2 years of age and began playing string bass at 4 years of age. My first gig was playing recorder with my father at Issue Project Room at 4 years of age. My genuine playing began when I was 5 and begun considering drums. I examined drums at Brooklyn Conservatory with Marc Johnson for around 2 years then I began playing trumpet at around 7. That was the instrument I truly needed to play since I as two years of age yet I couldnt play it in light of the fact that my adult teeth werent in yet. I played in Carnegie Hall with my father and Dan Azans when I was 8 years of age and afterward when I was 9, I won a grant for a long time for private exercises and Jazz hypothesis and troupe at the Brooklyn Conservatory. First I concentrated there with Duane Banks however then I changed to Kevin Louis who I truly love. We will compose a custom exposition test on Exposition for My Dad or then again any comparative subject explicitly for you Don't WasteYour Time Recruit WRITER Just 13.90/page My first trumpet educator was really Russ Johnson who Vive known since I was a child and Id love to concentrate with him at Jazz camp.Right now, I am playing gigs with my own two musical crews. In one, I play trumpet and sing and in the other I play bass in some cases, drums at times and sing. I likewise make my own tunes and I would like to accomplish a greater amount of that at Jazz camp. Im now playing proficient gigs with my father once in a while and with the Diddle-Diddle-Des which Is a band of grown-ups that plays music for little children that Involves America History In their melodies. I need to apply to Laggardly secondary school for Jazz and I feel that being Jazz camp will assist me with improving as a performer which will help In my application and Just all in all.

American Presidents, Religious Cultural Heritage, and Nuclear Weapons Dissertation

American Presidents, Religious Cultural Heritage, and Nuclear Weapons Decisions - Dissertation Example In 1945, atomic bomb was dropped in Hiroshima and Nagasaki and it indicated the degree of the obliteration and demise, which came about because of the utilization of atomic bomb. Through it, individuals got mindful of the extent of annihilation on account of the atomic bombarding in Hiroshima and Nagasaki. Thusly, these occasions guided another stage in war and military deadly implements â€nuclear fighting and atomic weapons. It changed the way where global relationship among nations was led and it modified the perspective on universal governmental issues as the worldwide network adjusted to the truth of the danger of atomic war. In this specific circumstance, the need of understanding the danger of atomic weapons and atomic war falls from the point of view of governmental issues, yet in addition from the perspective on religion. Since, religion assumes a significant job in the forming and characterizing of the qualities and convictions of the general public and afterward person. In any case, this exploration will concentrate on the impact of religion relevant to atomic dynamic of certain Presidents of the United States. In spite of the fact that war has for some time been a piece of human story, WW II is not quite the same as every single other war noted ever. It isn't on the grounds that innovation is embraced in the advancement of war combat hardware. Truth be told, mechanical advancements are applied in war paying little mind to the period. For example, this shows thought of applying innovation in war isn't a distinctive characteristic of WW II. Or maybe what recognizes it from different wars in history is the truth of atomic nuclear bomb. The assurance of the capability of atomic nuclear bomb and the principal atomic nuclear bomb was set up by the Manhattan Project at an expense of $2 billion. This venture was known distinctly to a couple of individuals and the aim was to assemble a nuclear bomb. The researchers under the heading of Robert Oppenheimer were in a race against the Nazis who they thought were additionally constructing nuclear bombs.6 When it was first tried and was detonated in the desert of Alamogordo, New Mexico on July 16, 1945, it was portrayed as â€Å"flashing with the brilliance of a few suns at Midday† 7 The atomic nuclear bomb was first utilized during WWII. It was dropped in Hiroshima and Nagasaki to stop the Japanese invasion in Asia. 8 On August 6, 1945, the U.S. B-29 Superfortress Enola gay dropped

European Union Law - Free Essay Example

Title: European Union Law: Answer all three questions equally within the word count of 3000 1. Manuel, a Spaniard, is a recent graduate of the University of Barcelona, having gained a degree in Leisure and Tourism. Manuel wishes to undertake post graduate research on English soccer hooliganism and he has applied for a number of jobs in England to help support him while he is undertaking his research. He receives an offer of a job with Torquay Borough Council as a part-time waiter with the Leisure Services Department. Manuel is delighted by this job offer but is disappointed when UK immigration officials inform him that he will be unable to enter and take up this position because a provision of UK local government law requires that posts in local government be filled only by British nationals. Furthermore they inform him that since it only involves six hours work at a rate of pay well below subsistence level it would not qualify him for any rights under EC law. Manuel also wished to bring with him his Irish girlfriend Polly who wished to look for work also in the catering industry. Polly has been refused entry into the UK. Cybil, an unemployed waitress from Torquay, was recently made redundant. Disenchanted with the English weather, she decides that she wants to go to live in Barcelona. Cybil arrives in Spain with her elderly, retired husband Basil. At the airport Spanish immigrat ion officials tell Cybil that, under a provision of Spanish immigration law, her husband will have to return to England immediately because he has no work to go to. Cybil herself is refused entry because she has a conviction in England from 1984 for domestic violence. Advise all parties of their rights under Article 39 and its secondary legislation. 2. The concepts of direct effect, indirect effect and state liability are no more than a creative attempt on the part of the European Court of Justice to ensure that the objectives of the Treaty are not defeated by the wording of Article 249. Discuss the accuracy of the above statement. 3. The Italian government have recently introduced legislation following a research paper in a French journal which, while unsubstantiated, concludes that English poultry is perilously infected with Newcastle disease. Acting on this the Italian legislation proposes: a) A ban on the importing of all live chickens from the UK. b) The imposing of testi ng of all poultry for Newcastle disease regardless of origin. c) The introduction of a system of licensing for all retail outlets selling imported poultry or poultry products for consumption. d) Criminal sanctions for all distributors of both domestic and imported poultry that sell infected poultry or poultry products. Discuss the legitimacy of the Italian legislation within EU Law Q.1. The Treaty of Rome 1957 (hereafter à ¢Ã¢â€š ¬Ã‹Å"the EC Treatyà ¢Ã¢â€š ¬Ã¢â€ž ¢), as amended, provides for the free movement of workers around the Union. This freedom is an essential component of the EU Single Market. Article 39[1] states that: à ¢Ã¢â€š ¬Ã…“1. Freedom of movement for workers shall be secured within the Community. 2. Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment. 3. It shall entail the right, subject to l imitations justified on grounds of public policy, public security or public health: (a) to accept offers of employment actually made; (b) to move freely within the territory of Member States for this purpose; (c) to stay in a Member State for the purpose of employment in accordance with the provisions governing the employment of nationals of that State laid down by law, regulation or administrative action; (d) to remain in the territory of a Member State after having been employed in that State, subject to conditions which shall be embodied in implementing regulations to be drawn up by the Commission. 4. The provisions of this Article shall not apply to employment in the public service.à ¢Ã¢â€š ¬Ã‚ [2] Presumably at pains to avoid artificially restricting the scope of the concept, the Treaty does not define the word à ¢Ã¢â€š ¬Ã‹Å"workerà ¢Ã¢â€š ¬Ã¢â€ž ¢. However, the European Court of Justice has interpreted Article 39 broadly in a number of cases. In Lawrie-Bl um v Land Baden-Wƒ ¼rttemberg[3] the essential characteristic of a worker was found to be the performance of services for and under the direction of another in return for remuneration during a certain period of time. It should be noted that the concept of worker is the domain of EU law. It may not be determined by disparate national laws of the member states: Levin v Staatsecretaris van Justitie.[4] For the sake of clarity and simplicity it is proposed to advise each of the parties on the above law individually. Manuel Manuel has received an offer of a job with Torquay Borough Council as a part-time waiter with the Leisure Services Department. This scenario concerns exactly the kind of cross-border worker mobility protected under the EU regime. Regulation 1612/68 provides that EC nationals are guaranteed the right to pursue and take up employment in the territory of another member state under precisely the same conditions as nationals of that state.[5] That said, Article 39(4)[6] of the EC Treaty allows member states to refuse or otherwise restrict access to workers employed in the public service on the ground of their nationality. This appears to apply to Manuelà ¢Ã¢â€š ¬Ã¢â€ž ¢s case, because he has been offered a job with a Borough Council. It is submitted, however, that this derogation has, as with most Treaty derogations from fundamental principles, been narrowly interpreted by the European Court. In Sotgiu v Deutsche Bundespost[7] there was a claim that post office rules offering allowances to workers discriminated against non-nationals. It was held that Article 39(4) applies only to access to employment and that it does not apply to all employment in the public service. Rather, only those activities connected with the exercise of official authority are permitted to be excluded on this ground.[8] Given the likely job specification of Manuelà ¢Ã¢â€š ¬Ã¢â€ž ¢s position as part-time waiter in the Leisure Services Departme nt, it seems most unlikely that his job would fall into the category that is protected by the Article 39(4) derogation. Furthermore, in Commission v Belgium (re Public Employees)[9] a Belgian regulation reserving posts for domestic nationals (including plumbers nurses and architects employed in central and local government) was found to contravene Article 39. The court stressed that the exception was intended to cover only the exercise of public authority in order to safeguard the general interests of the state. Junior level posts were deemed not to be covered by the derogation.[10] It is difficult to conceive of a more junior and less influential position than part-time waiter. Therefore it is submitted that the United Kingdom cannot exclude Manuel from taking up his intended post on the basis of the public policy derogation. As for the United Kingdomà ¢Ã¢â€š ¬Ã¢â€ž ¢s concern that Manuelà ¢Ã¢â€š ¬Ã¢â€ž ¢s job offers only involves six hours work at a rate of pay well bel ow subsistence level, it is submitted that it is erroneous to conclude that this would not qualify him for any rights under EC law. In Levin v Staatsecretaris van Justitie[11] it was confirmed that the term worker included part-time workers provided the work involved was genuine work of an economic nature and not purely nominal. Kempf v Staatsecretaris van Justitie[12] and Steymann v Staatsecretaris van Justitie[13] both reinforce the point that very minimal economic activity will trigger the rights available under Article 39. Manuelà ¢Ã¢â€š ¬Ã¢â€ž ¢s job offer therefore probably cannot be excluded by the public policy derogation or on grounds that the economic activity involved is not substantial enough to qualify for protection. He is thus likely to be legally entitled to enter the United Kingdom to take up the post he has secured. Polly Polly is Manuelà ¢Ã¢â€š ¬Ã¢â€ž ¢s girlfriend and also, being Irish, a citizen of the EU in her own right. Directive 68/360 has been found by the European Court to cover the right to enter a member state other than your own in search of work. The case Procureur du Roi v Royer[14] confirms that Polly is entitled to enter the United Kingdom to seek out work in the catering industry, and probably this right will subsist for a minimum period of six months: R v Immigration Appeal Tribunal (ex parte Antonissen).[15] This should give Polly sufficient time to get established in work or ascertain other legal rights to support her residence. Cybil Cybil is similarly entitled to invoke Directive 68/360 to allow her to enter Spain to search for work. In light of her recent redundancy it is assumed that Cybil is of an age to pursue genuine employment opportunities, and it is assumed she will seek to invoke Article 39 protection to that end. Her 1984 conviction for domestic violence cannot, it is submitted, be cited to block Cybilà ¢Ã¢â€š ¬Ã¢â€ž ¢s entry into Spain on the Article 39(3) public policy derogation. Prev ious criminal convictions do not provide the grounds for exclusion in this context unless they demonstrate evidence of a present and significant threat to public policy: R v Bouchereau.[16] A twenty-one year old conviction for domestic violence is far from passing that threshold of significance. Cybil cannot be assumed to constitute a present threat to the requirements of public policy and given the time that has elapsed since conviction there is no evidence of a likelihood of a recurrence of socially harmful behaviour.[17] Spain cannot, it is submitted, block her entry on these grounds. Basil As Cybilà ¢Ã¢â€š ¬Ã¢â€ž ¢s spouse, Basil is entitled to enter Spain and accompany her on her search for work. His rights are protected, inter alia, by Article 10(1) and 10(2) of Regulation 1612/68, the latter of which provides that member states must facilitate the admission of family members when a worker is seeking to invoke freedom to work rights.[18] Q.2. Article 249 EC provid es that: à ¢Ã¢â€š ¬Ã…“à ¢Ã¢â€š ¬Ã‚ ¦.A regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States. A directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods.à ¢Ã¢â€š ¬Ã‚ [19] The essential problem lies with the definition of the Directive. Directives are unlike regulations in that they do not create legal rights and obligations when they enter into force. They rely on implementation at a national level before conferring enforceable law via the transposing domestic legislation. Often in the history of the European Union member states have either failed to transpose Directives, or failed to implement them accurately, or been late with their implementation.[20] In these circumstances a difficult situation arises. In Marshall v. Southampton and South West Hampshire Area Health A uthority[21] it became clear that employees enjoy different rights depending on the status of their employer. Public employees can invoke vertical direct effect to enforce rights in an improperly implemented directive against the state, which as their employer, has failed in its duty to transpose the directive accurately. However, employees of a private undertaking can only attempt to invoke direct effect horizontally against their employer. In Marshall the court refused to endorse the efficacy of horizontal direct effect, leaving employees of private undertakings with no right of action. It is useful to compare Von Colson[22] and Harz.[23] Both cases concerned Article 6 of the Equal Treatment Directive (76/ 207). However, Von Colson concerned a public and Harz a private employer, and therefore a remedy was available in the Von Colson case but not in Harz. Instead of spotlighting the inequitable results of the lack of horizontal direct effects of Directives, the ECJ focused on ar ticles 10 and 249 (ex 5 and 109) EC which oblige member states to conform to community obligations. On giving birth to the concept of indirect direct effect, the court found that this requirement applies to all member states authorities, including in particular the courts, who were ordered to interpret and apply legislation adopted to implement a directive in the light of the wording and purpose of the directive in order to achieve the objective of the Directive. The Marleasing[24] decision developed the principle of indirect effect by confirming that an obligation exists to interpret national law to comply with a directive, regardless of whether the national law in question came into force prior to or after the directive. When domestic law cannot be creatively interpreted in such a way as to give the complainant an effective remedy another option is now available. The individual is now empowered pursue the alternative remedy of a claim in damages against the state. As a co nsequence of certain proactive decisions by the European Court, damages may be awarded as a remedy in cases where the member state fails to implement a directive.[25] In these circumstances the liability of the member state rests on the non-implementation of a directive and breach of its EU obligations. The member state is thus compelled to rectify the damage done to the individual by the breach. The state liability doctrine was first applied in the prominent case Francovich.[26] In Francovich the relevant Directive was incapable of sustaining direct effect, but the overarching goal of the effective and uniform implementation of Community law was found to justify liability on the part of the member state to compensate for its failure to implement the directive. The European Court established a test to determine whether member states should be obliged to compensate individuals for breach of improperly transposed EU law. It was held (1) that the objective of the directive must include the conferring of individual rights, (2) that the content and scope of those rights must be clearly identifiable from the text of the Directive, and (3) that there must be a casual link between the breach and the damage caused. The scope of the so-called Francovich principle of state liability has been extended by more recent cases. In Brasserie du Pƒ ªcheur and Factortame III,[27] the European Court amplified its own jurisprudence, finding state liability in damages in the context of claims for loss suffered as a result of legislation adopted in contravention of directly effective Treaty provisions. As a consequence of the foregoing decisions, for state liability to arise the breach in question must be sufficiently serious (alternatively manifest and grave): Bayerische HNL GmbH.[28] To date it has proved quite difficult, in practice, to meet this condition before the national courts.[29] In closing, it is submitted that the European Courtà ¢Ã¢â€š ¬Ã¢â€ ž ¢s response to the problems inherent in the frailties of directives and gaps in the direct effect principle amply demonstrates its resolve to enhance and safeguard the effet utile of European Union law.[30] As a consequence of the European Courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s single-minded approach to the task of embedding and honing Community law, EU citizens now have a variety of means of obtaining the protection of the law derived from the framework established by the Treaty of Rome. Q.3. Articles 28 to 30 of the EC Treaty prohibit Member States from maintaining or imposing barriers to intra-Community trade, unless a derogation is found to be applicable. Article 28 (ex Article 30) provides: à ¢Ã¢â€š ¬Ã‹Å"Quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member Statesà ¢Ã¢â€š ¬Ã¢â€ž ¢ Article 30 (ex Article 36) adds the caveat that derogations are available: à ¢Ã¢â€š ¬Ã‹Å"The provisions of Articles 28 and 29 shall not p reclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals or plants; the protection of national treasures possessing artistic, historic or archaeological value; or the protection of industrial and commercial property. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States.à ¢Ã¢â€š ¬Ã¢â€ž ¢ The ban proposed by the Italian Government on English poultry is subject to this framework of law. The starting point for intra-EU trade is that it should not be fettered in any way. It is submitted that the only way for the Italian Government to circumnavigate this fundamental right and pillar of the Single Market is to claim, presumably on the Article 30 ground of the protection of health and life of humans, animals or plants, that a derogation is justified in light of the health concerns relating to English poultry. It is worth noting at an early stage that the derogations in Article 30 exempt a founding principle of the European Unionà ¢Ã¢â€š ¬Ã¢â€ž ¢s much cherished and jealously guarded internal market and as such they are parsimoniously and restrictively applied. In general terms it is therefore necessary to advance a compelling argument if one is to convince the European Court that intra-EU trade has been justifiably restricted.[31] Import bans are notoriously hard to justify under Article 30 because they usually constitute an unnecessarily draconian step and are usually unnecessary to protect health given the alternative precautions available: Commission v Germany (Meat Preparations).[32] It is noted that the research paper in the French Journal which has been cited as justification by the Italians is unsubstantiated. It is doubtful that this evidence would suffice to convince the European Court that the Ital ian Governmentà ¢Ã¢â€š ¬Ã¢â€ž ¢s response was in conformity with Article 28 obligations. In order to justify an Article 30 exemption it is necessary to demonstrate a real and tangible risk to health. Slight, tentative or theoretical risks will not suffice. In Commission v United Kingdom (French Turkeys)[33] a licensing system was established by the UK authorities to exclude poultry from countries adopting a policy of vaccination in preference to one of slaughter (also) in response to Newcastle disease. The European Court resolved that such a ban was unjustifiable on grounds of animal health. The Court speculated that the ban was no more than a thinly disguised restriction on intra-EU trade. Further and better particulars are sought on the matter of the ban and the nature of the disease and its contamination of the United Kingdom chicken flock. However, on the facts presented it seems unlikely the Italian ban would be deemed lawful at the European Court of Justice. The prop osal to test poultry for Newcastle disease regardless of origin is more likely to be considered in conformity with EU law. The testing system is more likely to be deemed acceptable if Italy can demonstrate that there is no intrinsic or indirect discrimination against foreign goods. Inspections are typically permissible in the circumstances described, but they are only likely to be justified if they are found to be reasonably proportionate to the aim pursued. Moreover, it must be demonstrated by the Italian Government that the same goal cannot be achieved by less restrictive means. In Commission v France (Re Italian Table Wines)[34] the European Court found that lengthy delays in customs clearance of wine imported from Italy into France were disproportionate and thus discriminatory. Supposedly random checks were imposed on 75 per cent of consignments, but this level of surveillance was deemed systematic and thus disallowed. The proposed introduction of a system of licensing for al l retail outlets selling imported poultry or poultry products for consumption is however destined to fail. Licensing per se is an entirely laudable exercise and can be defended on grounds of public health for a variety of cogent reasons. However, the key word in the proposal is imported. A new system of licensing outlets that deal in imported poultry has an obviously and directly discriminatory effect which would inevitably serve to encourage domestic retail outlets to sell only Italian-reared poultry rather than subject themselves to the burdens of additional licensing. It is contended that any system which purported to distinguish between domestic and extra-EU products by these means and in this context would be treated as blatant protectionism by the European Court. The proposal to establish criminal sanctions for all distributors of both domestic and imported poultry that sell infected poultry or poultry products would seem to be an unnecessary, disproportionate and dracon ian response. Despite the fact that the measure would apply equally to Italian and EU poultry, there is a risk that such action could constitute an indirect impediment to the flux of Community trade and an indistinct deterrent on poultry importation from any member state known or suspected to suffer from Newcastle disease infection, regardless of the level, scope or pattern of that infection. According to the celebrated Dassonville[35] formula: à ¢Ã¢â€š ¬Ã‹Å"All trade measures or trading rules enacted by the Member States which are capable of hindering, directly or indirectly, actually or potentially, into community trade as measures having and effect equivalent to quantitative restrictions.à ¢Ã¢â€š ¬Ã¢â€ž ¢ Therefore it is not necessary to demonstrate that the Italian proposal on criminal sanctions actually hinders trade between member states, as long as it is possible to show that the measure is capable of such effects. THE END WORD COUNT: 3668 (excluding footnote s I overran to take account of the fact that the lengthy question is counted in the computerised word count) BIBLIOGRAPHY The Treaty of Rome The Treaty of Amsterdam European Commission Notices (various) Official Journal (various) Business Law in the European Union, C.Bovis, Sweet Maxwell EC Law, Weatherill and Beaumont, Penguin Books Introduction to European Union Law, Cairns, Cavendish EU Law Text, Cases and Materials, Craig and De Burca, Oxford University Press Contravening EC Law: The Liability of the Member State, Spink P., Northern Ireland Legal Quarterly Textbook on EC Law, Steiner and Woods, Blackstone Law of the European Community, Fairhurst and Vincenzi, Pearson Education EC Law, Foster, Blackstone Basic Community Cases, Rudden and Phelan, Oxford University Press Law of the European Union, Kent, P., Longman Text, Cases and Materials on European Union Law, Tillotson and Foster, Cavendish EU Law Statutes, Sweet and Maxwell Cases and Materials on EC Law, Weatherill, Oxford University Press BACKGROUND RESEARCH Europa: Gateway to the European Union: https://europa.eu.int/index_en.htm. Footnotes [1] Ex Article 48 (renumbered by the Treaty of Amsterdam). [2] For full text see: https://europa.eu.int/eur-lex/en/treaties/selected/livre210.html. [3] Case 66/85. [4] Case 53/81. [5] See for background: Business Law in the European Union, Bovis, C, Sweet Maxwell. [6] Ex Article 48(4). [7] Case 152/73. [8] For supporting commentary see: Textbook on EC Law, Steiner and Woods, Blackstone. [9] Case 149/79. [10] A view reinforced by a 1988 Commission Notice: OJ No. 72/2. [11] Case 53/81. [12] Case 139/85. [13] Case 196/87. [14] Case 48/75. [15] Case C-292/89. [16] Case 30/77. [17] See for comment: EC Law, Weatherill and Beaumont, Penguin Books. [18] For further see: Law of the European Union, Kent, P., Longman. [19] For full text see: https://europa.eu.int/eur-lex/en/treaties/selected/livre252.html [20] See for general comment and background: EU Law Text, Cases and Materials, Craig and De Burca. [21] Case C-271/91. [22] C ase 14/83. [23] Case 79/83. [24] Case 106/89. [25] For an insightful exposition see: Text, Cases and Materials on European Union Law, Tillotson and Foster, Cavendish. [26] Cases C-6/90 and C-9/90. [27] Cases C-46/93 and C-48/93. [28] Case 83/77. [29] For a full discussion see: EC Law, Foster, Blackstone. [30] Contravening EC Law: The Liability of the Member State, Spink P., Northern Ireland Legal Quarterly, Summer 1997, p111. [31] See for context: Basic Community Cases, Rudden and Phelan. [32] Case 153/78. [33] Case 40/82. [34] Case 42/82. [35] Procureur du Roi v Dassonville Case 8/74.

World Wide Web Connection for Banks - 657 Words

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Nurses Role in Promoting Patients Choices

Question : Discuss current debate regarding the nurses role in promoting patients choices; in the care of children. Answer : Patient consent is one of the important paradigm community health and social care paradigm. This includes not only the education and information delivery of the patient, but also helps them to evaluate and choose the appropriate regime and treatment intervention according to physical suitability, judgment and financial suitability (Uhl, 2013, p.121). Apparently, it is also valuable when the concern is related to patient satisfaction in the cascade of health care services. The concept of patient care and valuing the patient autonomy is appropriate, yet there are certain concerns, which are necessary to address while working for the achievement of organizational objective and maintaining the health care services in the community (Looman, 2013, p.293). These concerns are related to patient consent in emergency care situation and child-care. In the present discussion, the concern is related to childcare where the responsibility and scope of nursing professionals are being discussed. It i s common scenario, that in routine childcare and treatment services, the concerned members are either family person or parents. the related issues such as educating related to disease or disorder, hospital care and filing form, obtaining assessment information and billing related are in general being carried out with the help of concerned family members or parents, in conjunction to care services for children. The first and prime concern is related to the understanding of the role and responsibilities of nursing professionals. The scope of competencies, especially the effective and efficient communication skills is a pre-requisite for the same (Neilson, 2011, p.545). The promotion of consent can be thus raised with the help of educating the parents and promoting the awareness with respect to the available choice of intervention and care plan. The health care professionals thus have the responsibility to give complete information and maintain the transparency related to available regimes. It is noteworthy to mention that the other parts related to clinical decision, decision support and use of wisdom is contained within the scope of suggesting effective treatment and care plan. Importantly the knowledge and concern related to heritage assessment is crucial, which should be used in the routine nursing care and treatment (Jeyendra, 2013, p.2). The promotion of incorporating choice of treatment for the care of children thus needs a substantial effort in terms of building effective partnership model with the parents and family members. This is because, children below the age of 18 are not believed to be mature and capable of taking appropriate decision related to their choice of treatment and care plan (Bisgaier Rhodes, 2011, p.2324). Furthermore, the it is important for nurse to identify the concern of the problem related to health and mention the appropriate referrals for producing effectiveness in the treatment approach. Compared to the concern of nurses, it is more important for the nursing leaders and experienced nurses to take care of the implementation related to educating the family members and obtaining the consent. The monitoring and sustaining such implementation can be carried out with the help of record maintaining and keeping records for informed decision. In short, the attempt of inclusion for consent with re spect to childcare, will not only promote the wellbeing of the society, but will also help in achieving the patient satisfaction. References: BISGAIER, J., RHODES, K. V. (2011). Auditing access to specialty care for children with public insurance. New England Journal of Medicine, 364(24), pp.2324-2333. JEYENDRA, A., RAJADURAI, J., CHANMUGAM, J., TRIEU, A., NAIR, S., BASKARAN, R., SCHMIED, V. (2013). Australian general practitioners perspectives on their role in well-child health care. BMC family practice, 14(1), pp.2. LOOMAN, W. S., PRESLER, E., ERICKSON, M. M., GARWICK, A. W., CADY, R. G., KELLY, A. M., FINKELSTEIN, S. M. (2013). Care coordination for children with complex special health care needs: the value of the advanced practice nurse's enhanced scope of knowledge and practice. Journal of Pediatric Health Care, 27(4), pp.293-303. NEILSON, S. J., KAI, J., MACARTHUR, C., GREENFIELD, S. M. (2011). Caring for children dying from cancer at home: a qualitative study of the experience of primary care practitioners. Family practice, 28(5), pp.545-553. UHL, T., FISHER, K., DOCHERTY, S. L., BRANDON, D. H. (2013). Insights into Patient and Family Centered Care Through the Hospital Experiences of Parents. Journal of Obstetric, Gynecologic, Neonatal Nursing, 42(1), pp.121-131.

Jackson vs. Calhoun and the Nullification Crisis Essay Essay Example

Jackson vs. Calhoun and the Nullification Crisis Essay Paper It has been rare in American history for presidents and vice-presidents non to acquire along. but it has happened on a few occasions: Adams and Jefferson. Kennedy and Johnson. and Eisenhower and Nixon are a few illustrations ( Jackson vs. Calhoun-Part 1 1 ) . However. the most controversial relationship between president and his helper was between Andrew Jackson and John C. Calhoun. Their dissensions began really early on in Jackson’s disposal. and lasted until after the declaration of the Nullification Crisis. Nullification is the refusal of a province to acknowledge a federal jurisprudence within its boundaries and deem that jurisprudence unconstitutional. In this instance. South Carolina. led by John C. Calhoun. refused to acknowledge the protective duties in 1828. and 1832. stating that they benefited the North and injured the South. We will write a custom essay sample on Jackson vs. Calhoun and the Nullification Crisis Essay specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Jackson vs. Calhoun and the Nullification Crisis Essay specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Jackson vs. Calhoun and the Nullification Crisis Essay specifically for you FOR ONLY $16.38 $13.9/page Hire Writer At this point in clip. the American system of authorities was reasonably new and the battle between province and federal power was in full swing. Towards the terminal of the crisis. Calhoun went so far as to endanger to splinter from the Union to demo Jackson and the remainder of America that single province authoritiess were so powerful. When the wrangle had reached its extremum. Jackson had had plenty and decided it was clip to set an terminal to the crisis. The actions and determinations made by President Andrew Jackson in respects to John C. Calhoun and the Nullification Crisis non merely enabled the Union to stay together. but proved the power of the federal authorities. Before reexamining Jackson’s actions during the Nullification Crisis it is of import to understand where the dissensions between the two work forces originated. In 1829. merely shortly before Jackson was inaugurated. John Eaton. a friend and shortly to be secretary of war under Jackson. married the widow and non-reputable Peggy O’Neale Timberlake. Because Timberlake was now the married woman of a adult male in office. the other adult females would hold to accept her as an equal. which they were non happy about. Jackson. nevertheless. refused to believe that the adult females were justified in their behaviour. for he considered Peggy to be â€Å"chaste as a virgin† ( Barzman 56 ) . After Jackson ordered the married womans of all of his associates to see Mrs. Eaton as a societal equal. they all complied except for one ; Floride Calhoun. the married woman of John C. Calhoun. Calhoun subsequently claimed to Jackson he could non ( or would non ) change the head of his strong willed married woman. This enraged the freshly elected President and began the disruptive nature of the two men’s relationship. The chief facet which fueled their hapless relationship was their differences in political sentiments. Although both work forces were from similar parts of the state and both were dedicated to the public assistance of their place provinces. they disagreed on one really of import country. Jackson was a patriot. who believed strongly in continuing the Union and puting federal power over that of the single provinces. Calhoun. on the other manus. was precisely the antonym. Although anterior to 1830. he had been a patriot. Calhoun was now an utmost states’ rights advocator ( Barzman 56 ) . This colossal difference in political doctrine set the scene for the most of import statement between president and vice-president and foreshadows Calhoun’s programs for South Carolina. Calhoun had been garnering his information and explicating his thoughts for the hereafter of South Carolina for rather some clip. waiting for the perfect chance to uncover his maestro program. He wanted to declare nullification because his place province of South Carolina was economically down. fearful about the hereafter of bondage. and thought the new duties supported the North at the disbursal of the South ( The Nullification 1 ) . Jackson had an thought that Calhoun was be aftering something extremist so at the Jefferson Day Dinner on April 30. 1830. he stated that â€Å"Our Union–it must be preserved† . To this Calhoun replied. â€Å"The Union. Next to our autonomies. most dear† ( Barzman 58 ) . After publically declaring his dedication to South Carolina before the Union. Calhoun resigned the vice-presidential term and served in the South Carolina Senate. Less than two old ages subsequently. on April 24. 1832. Calhoun sent the South Carolina Ordinance of Nullification to Jackson. in which he declared. â€Å"The people of the province of South Carolina declare the responsibilities imposed by said Acts of the Apostless. and all judicial proceedings which shall be afterlife had in affirmance thereof. are and shall be void and null. We do farther declare that we will non subject to the application of force on the portion of the Federal Government† ( Hamilton 1 ) . Jackson. appalled by this direct menace to the Union and the Federal Government. was determined to set Calhoun in his topographic point and make anything he could to continue the Union. Although Calhoun had stated in his Regulation that South Carolina would non react to any forceful Acts of the Apostless by the authorities to try to acquire Calhoun to endorse down. Jackson found a manner to outwit his opposition. Jackson had congress base on balls a measure in 1833. â€Å"which allowed him to utilize soldiers to implement the duty measures† ( Nullification Crisis 1 ) . After the Force Bill was passed. Jackson sent several war vessels and 100s of soldiers to Charleston to implement the Torahs of the authorities. Some people argue that what Jackson did was incorrectly because based on the fundamental law. Calhoun had the right to declare Nullification for South Carolina. However. what Jackson did was besides constitutional and enabled the United States of America to stay as one. Had Jackson non passed the Force Bill instantly after South Carolina’s Ordinance was received. Calhoun’s strategy may hold succeeded and South Carolina would hold seceded from the Union. turn outing that the Federal Government truly did non hold any power over that of the single province. After the footings of the Force Bill were set into topographic point. Calhoun began to recognize the problem he had gotten himself into and wanted to happen a dignified manner to deliver himself and his place province. At first Calhoun attempted to happen other provinces willing to back up and fall in his cause. but no other Southern provinces seemed to hold with his theory of nullification. In order to decide the issue. Calhoun went to Henry Clay. the â€Å"Great Compromiser† . for aid. Towards the terminal of 1833. Clay was able to outline a via media which â€Å"pacified South Carolina while leting the Federal authorities to stand firm† ( The Nullification 2 ) . This dialogue bit by bit reduced the duties over a period of 10 old ages until they returned down to the degree which had existed in 1816. Jackson and Calhoun both signed the via media and the crisis ended without bloodshed. Many people argue that it was due to the negociating accomplishments of Henry Clay. non Jackson. which enabled the Union to stay in tact. However. had Jackson non passed the Force Bill ab initio. Calhoun neer would hold been pressured into seeking out Clay for aid. With the decision of the Nullification Crisis its significance to the growing of the American authorities became evident. By Jackson get the better ofing Calhoun. and basically get the better ofing the statement of states’ rights advocators. he accomplished two of import things. His first achievement was that he had â€Å"proved the power of the Federal Government to implement Torahs. even when provinces disagree with them† ( Jackson vs. Calhoun – Part 2 2 ) . This non merely gave the American people more assurance in the Federal Government. but made them get down to recognize that holding province authoritiess stronger than the Federal authorities would non be good to the state. Jackson’s 2nd achievement was that he enabled the Union to stay integral. He had postponed any bloodshed over the issue of states’ rights – but merely for 30 old ages. Had Calhoun’s wants been fulfilled. the Union may hold fallen apart and his place province of South Carolina would hold become a powerful autonomous district. The difference in political doctrine between Andrew Jackson and John C. Calhoun was the root of their disruptive relationship. which began early on in their executive life together. The confrontational nature of their relationship led America into the Nullification Crisis during which Calhoun put the public assistance of his place province above that of the brotherhood. seeking to splinter and demo the power of province authorities. Jackson would non hold provinces overmastering the authorities. and passed the Force Bill leting him to utilize the Federal Army and Navy to acquire South Carolina to obey the Torahs the Federal Government had made. State Government and Calhoun lost their conflict and the Federal Government proved its powers. Although he was non able to wipe out the job of states’ rights. were it non for Jackson’s intelligent determinations during the Nullification Crisis. the United States may non hold existed. as a individual brotherhood. as it does today.