Friday, November 29, 2019

Traffic Congestion in Sri Lanka Essay Example

Traffic Congestion in Sri Lanka Essay The purpose of this report is to analyse the traffic problem in the Colombo city and to identify the causes of the problem and offer recommendations in improving the traffic system in order to have an effective traffic management in Sri Lanka. In this, the reason for traffic congestion and draw backs of the current system has been identified. A SWOT analysis has been done on the traffic board in order to assess the compatibility of the proposed system. The city of London in England has being selected as the benchmarking country due to its excellent traffic management and transport system. The report provides short term and long term recommendations for the implementation of the most effective system which will help to reduce the Traffic congestion currently experienced in the city of Colombo. 1. Introduction Roads are extremely important for the large majority of Sri Lanka’s people who live in the villages some 65 percent of the country’s population. They are often the only way for most rural people to reach essential services such as hospitals, schools, markets, and banks, which are mostly situated far from their villages. Although Sri Lanka enjoys a higher road density than in many developing countries, the conditions and standards of the roads are inadequate to meet rapidly growing freight and passenger traffic. More than 50% of the national roads have poor or very poor surface condition and many are seriously congested. In spite of the substantial increase in traffic volume there have been insufficient investments for construction of new highways or widening and improving existing roads. Over the past decade the investment in the road sector has been mainly concentrated on the rehabilitation of the existing road network. We will write a custom essay sample on Traffic Congestion in Sri Lanka specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Traffic Congestion in Sri Lanka specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Traffic Congestion in Sri Lanka specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Traffic congestion is the build up of traffic preventing efficient movement and it is one of the most significant problems faced in modern cities today. In every developed city all over the world, it is a common site that vehicles queued up for hours during the rush hour periods. This wastes valuable time of the public, burns fuel unnecessarily, pollutes the environment and by all these effects a country’s development. 2. Discussion 1. Analysis of the current situation In Sri Lanka, all economic, administrative and commercial functions are concentrated in Colombo. Furthermore Colombo is easily the largest city in the country and is offering better education and health facilities for the citizens. Furthermore it’s political and commercial significance results in a greater attraction of the city for people from the rest of the country further aggravating the traffic problem in the country’s capital. Though the number of people entering Colombo during the past decade had dropped, the number of vehicles has increased which shows that people have shifted from public transportation to public vehicles. According to estimates Colombo is attracting 1. million people on weekdays. These people are coming to the city for various purposes including employment, for commercial activities, attend educational institutions, attend medical requirements etc. Whilst 1. 1 million of the people arrive in Colombo using public transport the rest 500,000 people are using about 240,000 private vehicles. (http://www. buildsrilanka. com) This is in addition to the vehicles used by the Colombo’s residents most of whom are from the country’s richer community and most of the time can afford to have their own transport. The recent reduction in import duties of vehicles will further increase the buying power of cars and will result in more vehicles being flooded to the Colombo city. 2. Gap Analysis Several reasons contribute to the current traffic problems in Colombo. This includes the huge number of vehicles entering Colombo, shortage of parking areas, Inadequate facilities for pedestrians, vehicles parked on busy roads even during the morning and afternoon rush hours and finally the fact of public transport facilities is far from being good etc. All these factors contribute to the slowing down of the average speed of the vehicles travelling in Colombo and eventually slow down the speed of the economic growth of Sri Lanka. National highways, which are mostly two-lane, are unable to carry the current volume of mixed traffic (pedestrians, bikes, bullock-pulled-vehicles and motor vehicles). This, together with the lack of side lanes and paved shoulders, leads to uncontrolled development of roadsides and causes low travel speeds, poor level of service, and less long-distance traffic. 3. SWOT analysis Strengths Sri Lanka’s  literacy rate is high compared to other Asian nations and it will be easy to introduce and implement traffic rules. ? More money can be invested as the expenditure on war, can be minimised now that the war is over. ? Sri Lanka has been identified as investment hub, so lot foreign investors are interested in investing in SL. ? One of the main objectives of the present  government  is to develop  i nfrastructure Weaknesses ? Disobedient and careless drivers contributes to the traffic congestion. ? Inadequate public transport system to substitute the private transport. Lack of technology to implement new systems. ? Lack of regard for road rules culture (self first culture) ? Bribery and corruption ? Misallocation of funds ? Shortage of road space Opportunities ? Fewer vehicles on the road will increase the traffic speed. ? Bare lands can be used as car parks Threats ? Corruption by the law enforcement officers ? High level of Union intervention 4. Implications of Traffic congestion Due to the traffic congestion, the movement of vehicles in the Colombo have slowed down resulting in huge losses to businesses. Slow movement of vehicles causes higher running costs for the driver and that is a loss to the national economy as well as the hours spent on the road could have being used for the development on the country. Road transportation in a developing country is considered a vital pre-requisite in economic development. Provision of reliable transport facility for easy mobility of people and goods stimulates economic growth. A recent survey has found that the loss to Sri Lankan economy due to traffic congestion in the Colombo city alone is more than Rs 30 billion per year. This is 2% of the value of entire economic activities in Colombo city. http://www. buildsrilanka. com) The loss to the economy includes fuel wastage and loss of labour. Air pollution is another effect of the traffic congestion. A good road transportation system in the capital will help to improve educational, health and social standards of the people. Also improved transport infrastructure will enhance communication facili ties and improve economic and social standards of the people. [pic] 5. Steps taken by the government As mentioned earlier traffic congestion is always a huge problem for any government and it is obvious that the Sri Lankan government has taken steps to minimise the traffic congestion. Out of these one of the important actions taken by the government is the introduction of the Motor traffic act which has helped to ease the traffic problem to some extent. Some amendments were done to this act and severe penalties were introduced in 2009. This was to bring down the level of accidents as well as vehicles that are not roadworthy entering the Colombo and other cities. 3. Benchmarking Congestion pricing a system successfully adopted by England will be proposed as a solution to the traffic congestion in Colombo. [pic] 1. What is Congestion Pricing? This is a simple economic tool that will both help control congestion on a continuing basis and will also provide a regular, dedicated source of funds for public transportation subsidies. Its greatest proponent is Red Ken a former Labour Party Mayor of London. The congestion charging system that he put in place in 2003, amidst opposition reduced traffic by 20 percent. London no longer appears in the most congested lists. The purpose of congestion pricing is to use price to control congestion. Those who use roads at peak times have to pay for the privilege. Charging brands can be introduced for peak and off peak hours like in Telecom. To use Galle Road from Ratmalana to the Fort Between 7 a. m. and 09 a. m. = 100 rupees Between 9 a. m. and 12 noon = 50 rupees. Between 8 p. m. and 07 a. m. = No charge The money can be invested in a fund for road development and subsidies for public transport; but its primary purpose is to make people take public transport or share vehicles and leave their cars at home, unless essential. Congestion pricing works best when a city has good, but underused, public transport. At the moment Colombo does not. But that does not mean that congestion pricing cannot be used in Colombo. Public transport can be exempted from being charged, so it will be an encouragement for private bus operators and if they are also charged a fee they might take steps to charge it back to the passengers, eventually resulting in some of the passengers going back to driving their private vehicles. The mechanism for charging the congestion price in a way that does not cause additional congestion has to be implemented but congestion pricing will be unpopular at first and cannot be implemented in a matter of months. The key to its success in Sri Lanka is that money that is raised is not wasted and that it is used to create immediately visible improvements in public transport. Also this technique requires the use of information and communication technologies. More than anything, this new policy instrument and its benefits have to be explained over and over again to the people. For that, we need a Red Ken. But it is interesting to see whether we can have a new mayor first and the new mayor will play the role of Red Ken and take Colombo to the same lengths that Red Ken has taken the London city to. . 2 How this will improve traffic movement in Colombo By adopting this strategy it can be expected that the private vehicles entering Colombo will reduce be to 125000 from 175000 by the end of next year. This will improve traffic speed by 50% and the impact of air pollution by half. [pic] 4. Action Plans Since more vehicles will be flooded in to the roads of Colombo in the coming years and the existing n etwork is not even sufficient even to cater the current demands, upgrading, modernising and expanding the transport sector is a must. 4. Short-term measures: Short-term is regarded as a period of less than six (6) months. ? Both near-sides of main roads in many areas in Colombo city and suburbs are not built-up, not tarred and are not laid with pavements. Therefore, the natural tendency of the pedestrian is to walk on the tarred surface of the road, thereby restricting the area meant for vehicular traffic. During the rainy season, matters become worse as both sides of the roads get muddy e. g. High Level Road, Nugegoda-Nawala-Narahenpita Road, Colombo-Kandy Road, Nugegoda-Rajagiriya Road etc. If action could be taken to build-up both sides of such roads and enclose those areas with bold white lines, the road area usable by vehicular traffic without let or hindrance can be increased. However, parking of motor vehicles should not be allowed in such restricted side-walks. ? Pedestrian crossings at regular intervals should be prominently marked and crossing of roads by pedestrians be permitted only at those points. Police should be directed to fine pedestrians who flout this rule. This step would remove one of the artificial impediments created for the free flow of vehicular traffic. All the roads should be properly done-up and maintained regularly devoid of pot-holes and other surface damages that hinder the fast free flow of vehicular traffic. This step will also prevent many road accidents caused due to the dilapidated conditions of the roads. ? The heaviest congestions are created at centre-points such as junctions and main cross-roads. This occurs because omnibuses and l orries haphazardly being parked for longer periods without observing any road rules whatsoever. Furthermore there are some busy roads in the city and suburbs where parking of vehicles on either side of the road in permitted. This arrangement contributes to congestion thus becoming an impediment to the free flow of vehicular traffic. In order to overcome this problem, safe parking lots should be established at major points wherever extra bare land is available. ? The relevant authorities such as local government and Police must immediately remove all encroachments to the pavements by the shopkeepers and hawkers. This step will enable the pedestrians to freely utilize pavements, allowing more unrestricted road space for vehicular traffic. ? The presence of large container vehicles during the daytime between 6. 00 a. m. and 7. 0 p. m. on the already congested roads in the city and suburbs creates not only huge traffic jams but also causes severe accidents at overtaking. Steps have to be taken to prohibit this traffic from the Colombo metropolitan area during the above mentioned times. This is the usual practice followed by many countries in order to ease traffic congestion. ? There are many crossroads in th e city and suburbs where no traffic signals are installed, resulting in unwanted traffic jams being formed causing delays. Hence, action must be taken to install traffic signals at all crossroads in the city and suburbs. 4. Long term strategies: Long term shall extend beyond a period of six months and go up to three years. ? All the roads in the city and suburbs should be planned in advance and constructed with a minimum number of curves, zigzags and detours, etc. , covering a shorter distance thus consuming less land space. Nevertheless, they should be wide enough to allow free flow of vehicular traffic. They must be constructed in such a manner (may be even concreted) requiring minimum regular maintenance and capable of withstanding the vagaries of nature. Wherever possible, more new wider roads should be constructed and use them only as one-way roads. This step would ensure less traffic congestion on major roads and minimize the rate of road accidents. ? The Colombo city and suburbs becomes inundated during the rainy seasons in Sri Lanka constitutes another major reason for the traffic problem. Since rainy seasons seem to get prolonged annually in Sri Lanka, a permanent solution to this problem should be found. With a view to bring about an everlasting solution to this problem, more natural water receptacles and artificial built-in water receptacles in the city and suburbs should be constructed in order to hold excessive supply of water. Sky bridges can be constructed in the metropolitan areas in order to divert fast-moving motor traffic from already congested business centres. But it is assumed that these types of ventures will cost Sri Lanka a colossal amount of financial resources and it is not affordable. All capital cities in Indian states have sky bridges. In developed countries, when a bridge is planned to be built, its wid th is measured as nearly twice that of the existing road. Such pro-action is prevalent in those countries in contrast to Sri Lanka, where even the newly built bridges seem to be narrower than the existing road. Some bridges constructed in Colombo and suburbs many years back create bottle-necks in the free-flow of vehicular traffic, because these bridges are narrower than the respective roads. 5. Conclusion In conclusion, improving the traffic congestion in Colombo is a part and parcel of the total nation economic and social development endeavours of the country. Even though the present traffic situation is accepted and taken for granted, little do we realize that it is one of the main causes to hinder the productivity and the level of efficiency of the country’s economic development. Recommendations such as improving transport and infrastructure facilities and monitoring road rules and regulations are the main drives for change. Apart from this a change of mind set is also necessary to make this project a success. Unless these approaches are followed no future goliath or a patriot will be able turn this tide of destruction taking place at present in the name of development in all spheres. 6. 0 Recommendations After analysing the above facts it is highly recommended to carry out the following tasks in the near future. ? Build up both sides of the damaged roads and regularly maintained. Pedestrian crossings to be marked and strict action against pedestrians who disobey the road rules. ? Steps have to be taken to build parking lots to reduce vehicles parking on the sides of the main roads. ? Installing traffic lights at all the main junctions and regular maintenance of the existing ones. ? Improving the public transport system. Also the following is recommended as l ong term measures. ? All the roads in the city should be properly planned and should be wide enough for the free flow of vehicles. ? Sky bridges should be constructed in the city area. Proper drainage systems to be installed in the city and its suburbs. 6. References Transport Requirement for Colombo. [n. d]. Retrieved from buildsrilanka. com web site: http://www. buildsrilanka. com/cdp/17_Transport%20requirements%20for%20Colombo. htm Philips, R. (2006, August 27). The way out of traffic congestion is not Roadway but Railway. Sunday Observer. Retrieved from http://www. sundayobserver. lk/2006/08/27/fea07. asp Sri Lanka Police Service. [n. d. ]. Retrieved from Sri Lanka Police web site: http://www. police. lk/index. asp Easing the traffic congestion (2009 August), LMD, p. 67

Monday, November 25, 2019

Subordinate Clauses and Commas

Subordinate Clauses and Commas Subordinate Clauses and Commas Subordinate Clauses and Commas By Jacquelyn Landis Writers like to sprinkle their work with subordinate clauses because they add variety to sentence structure. A reading diet too heavy with simple sentences or even compound sentences becomes wearisome quickly. Subordinate clauses- also known as dependent clauses- used skillfully can add complexity and artfulness to writing. A subordinate clause can either precede or follow its main clause. What writers tend to get confused about, however, is when and where to place commas in relation to subordinate clauses. The simple rule is this: If a subordinate clause precedes the main clause, separate the two with a comma: Unless you have a lot of money, steer clear of Rodeo Drive. If the subordinate clause follows the main clause, no comma is usually needed: Steer clear of Rodeo Drive unless you have a lot of money. Many writers wouldnt be able to resist the temptation to stick a comma between Drive and unless even though its not strictly necessary. Theres a natural pause that seems to call for a comma, but try to resist its call unless a pause is needed for special emphasis. One notable exception is when the subordinating conjunction because is used and the main clause expresses a negative concept: Don’t worry about your spelling errors because the editor will fix them. Omitting a comma in this sentence suggests the meaning that there’s another reason not to worry about the spelling errors: Don’t worry about your spelling errors because the editor will fix them; worry about them because you shouldn’t have made them to begin with. So if the real reason you shouldn’t worry about the spelling errors is, in fact, because the editor will fix them, we need a comma: Don’t worry about your spelling errors, because the editor will fix them. Watch out for because in your subordinate clauses. Scrutinize your sentences to make sure youre not clouding the issue and confusing your readers. Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Punctuation category, check our popular posts, or choose a related post below:Types of RhymeBroadcast vs Broadcasted as Past FormWhen to use "an"

Thursday, November 21, 2019

Online learning bibliography Annotated Example | Topics and Well Written Essays - 500 words

Online learning - Annotated Bibliography Example For instance, knowledge construction via collaborative discussion is vital since collaboration methods sequence, define, and assign learning activities to distinct learners and can in turn facilitate activities such as construction of arguments during discussions. Leer, R., & Ivanov, S. (2013). Rethinking the future of learning: The possibilities and limitations of technology in education in the 21st century. International Journal of Organizational Innovation, 5(4), 14-20. In this article, the author argues that technology is very important in data analysis. By the use of computers, one can assess quantitative data of great magnitude and at a very fast speed much faster than any person can accomplish. Moreover, technology saves on time in data analysis with certain appropriate software in that one can easily analyze data by just entering it in a computer specifying the characteristic to be checked and within no time, the results are ready. Therefore, via online learning, students will be able to access important data at a fast rate and easily. Marchetti, C., & Long, G. (2011). The Importance of Interaction for Academic Success in Online Courses with Hearing, Deaf, and Hard-of-Hearing Students. Retrieved 16 March 2014 from http://www.irrodl.org/index.php/irrodl/article/view/1015/1952 In this article, the authors state that online learning is rapidly growing because of advancement in technology. The authors argue that online learning is the best method of learning since it gives a student more interaction options. For instance, online learning promotes student-student interaction and student-instructor socialization, which increases quality of information dissemination. Via online learning, students are in a position to talk directly to their teachers and fellow students using discussion forum features and chat messaging of

Wednesday, November 20, 2019

Custom Chip, Inc Article Example | Topics and Well Written Essays - 250 words

Custom Chip, Inc - Article Example Workflow in this company begins with the marketing department. This department collects orders from the customers with detailed specifications of customer needs. After the collection of orders, the work is sent to the engineering department that designs the approach to be used to meet customer’s specifications. The engineering department then sends the work to the production department that undertakes the process of producing the items ordered by customers. In case of any issue in production, the production supervisor is supposed to call the product engineer for guidelines. The workflow process for this company has been lengthy. This has made it to cause delays in the delivery of orders. Moreover, it has been costly thus resulting to high costs of production and ineffective thus resulting to low level of production. Several modifications in the workflow require to be done in order to overcome its ineffectiveness. One of the modifications that could assist is integrating the departments of this organization in the production process. To integrate the departments, the company should make the production process to be a multidisciplinary teamwork. In this kind of approach, the production team would be involving marketing personnel, a production engineer, and a production supervisor. Another modification that can be adapted on the workflow to enhance its effectiveness is ensuring that each department plays only its specific tasks without interfering with other departments. The type of design used at Custom Chip is that of production workers reporting to their supervisor, the supervisor reporting to the production engineer, then production engineers reporting to production engineering manager. This design has proven to be ineffective. Hence, I recommend that is should be modified to promote accountability and effectiveness. A modification that I would recommend is the introduction of a production sight engineers who will act as production managers. The managers

Monday, November 18, 2019

Personal Reflection .. Continue (car parking) Essay

Personal Reflection .. Continue (car parking) - Essay Example We are also going to discover how what implications our different teaching strategies have on the project. We have a list with everyone names and emails . A web site has been created and we are meeting in a chat room .( Private Wiki - ESV222 Development and Change. (n.d.). Retrieved May 23, 2009 ) I have listed the names of our time and their strong points. . My reflections on the chats show that Dylan is the team captain. He is working to get everyone to the chat room and the project completed in a timely manner. (Private Wiki - ESV222 Development and Change. ) The readings in the chat room reveal that Dylan was not planning on being the leader, however, he has the best characteristics. He created the web site and the chat room. He was very instrumental in completing the task of choosing the project. . The role of critical reflection in relation to the team project can be seen in the discussion in the chat room when we were choosing the topic of the project. Dylan listed for this idea to the group in the chat room "What to do at an intersection - Recognising street signs & road markings - Theory - reading manuals - Parking the car - Dials, Controls, Knobs, Pedals, Mirros etc - Wet and Harsh Conditions". ( Private Wiki - ESV222 Development and Change.

Saturday, November 16, 2019

Effects of Derivatives in National Legislation

Effects of Derivatives in National Legislation In the case before us the United Kingdom has failed to transpose the directive into national law, resulting in a detrimental effect for both Rachel and Jose. The fact that the UK government voted against the Directive when it was adopted in the council of ministers by QMV[1] and believes that existing legislation adequately covers teacher’s rights is of no consequence if the state of the law doesn’t give effect to the directive. Initially it was envisaged that the infraction procedure as set out in Article 226[2] EC treaty would be the primary means of enforcement of community law against member states[3]. Article 226 proved itself to be ineffective; at the time lacking provisions[4] to impose penalties on member states. Article 226 is also incapable of safeguarding the rights of individuals (a compensation order cannot be made against the defaulting state in favour of the aggrieved individual)[5]. Due to the inadequacy of Article 226 in the case of Van Gend en Loos 1962[6] the principle of direct effect was born. Van Gend en Loos had had a customs duty imposed on his goods by the Dutch contrary to Article 25 breaching rules in relation to the free movement of goods. Van Gend brought proceedings against the Dutch government in the national courts claiming reimbursement of the customs duties. The Dutch court sought a preliminary ruling from the ECJ[7] who first of all considered whether treaty provisions coul d confer directly effective rights upon individuals. The ECJ held that â€Å"community law†¦ not only imposes obligations on individuals but is†¦ intended to confer†¦rights which become part of their legal heritage†¦ (arising)†¦ not only where they are expressly granted by the treaty, but also by reason of obligations which the treaty imposes in a clearly defined way upon individuals as well as upon member states†. Article 249 provides that a directive is binding as to the result to be achieved but not as to the method employed by the state[8]. The direct effect of directives was first recognised by Van Duyn v Home Office[9]. Van Duyn was a scientologist refused entry to the UK as the UK government had imposed a ban on foreign scientologists entering the UK. Van Duyn challenged the ban as falling foul of Directive 64/221/EEC which required that any ban be based on the personal conduct of an individual. The ECJ held that â€Å"it would be incompatible with the binding effect attributed to a directive by Article 249 to exclude, in principle, the possibility that the obligation which it imposes may be invoked by those concerned†¦ (particularly where a directive)†¦ has imposed on member states obligations†¦ the useful effect †¦ (of which)†¦ would be weakened if individuals were prevented from relying on it before their national courts. Another justification for direct effe ct of directives is that of estoppel[10]; it would be wrong for a member state to be able to rely on and gain advantage through their failure to implement an obligation under a directive; they are thus estopped from denying the direct effect of directives once the deadline for transposition has passed. The estoppel argument has one very important implication; as direct effect is based on the fault of the member state in failing to implement the directive it follows that parties may invoke and rely on the directive against the state only; (i.e. only vertical not horizontal direct effect). Where a directive is properly implemented individual rights flow from the implementing legislation and not the directive itself. The limit to vertical direct effect can be best illustrated by the case of Marshall[11]; â€Å"a directive may not of itself impose obligations on an individual and that a provision of a directive may not be relied upon against such a person†. An important requirement is that â€Å"it is necessary to examine in every case, whether the nature, general scheme and wording of the provision are capable of having direct effect†[12]; the provisions must be â€Å"unconditional and sufficiently precise†[13][14]. So, Rachel, working for an entity of the state (a state school) may be able to enforce her right to a break with direct effect through the English courts; the â€Å"teacher’s employment rights† directive imposes on member states obligations to ensure that teachers are afforded a 3 hour break. Clearly as the directive has not been transposed Rachel has been deprived of this right and the English judge should rule in favour of her right to a break. The directive also fulfils the Becker test; it is unconditional and sufficiently precise. Jose, ostensibly will not be able to enforce his rights through the English courts, although he is being denied his break he works for a private institution, a problem insofar as direct effect of directives is permitted only vertically (individual v the state[15]) and not horizontally (individual v individual). This two tier legal system, affording increased rights to public sector employees has come under a barrage of criticism from the judiciary and academia alike[16]. Conversely to allow horizontal direct effect would render the distinction between directives and regulations meaningless so as to be effectively one and the same[17]. Although a directive has in certain cases been used as a â€Å"shield† in a dispute between private parties to prevent provisions of conflicting national being invoked against each other[18] Jose may though be able to claim direct effect; if, although he works for a private institution it has a public function; â€Å"a body†¦ which has been made responsible†¦ for providing a public service under the control of the state†¦ is included among the bodies against which the provision of a directive capable of having direct effect may be relied on†[19]. So in the case of Jose it is a question of fact whether he may be able to rely on the directive. The concept of state liability stems from the case of Francovich[20]. The full effectiveness of community rules would be impaired and the protection of the rights granted would be weakened if individuals were unable to obtain redress when their rights are infringed by breach of community law for which a member state can be held responsible[21]; state liability for loss and damaged caused to individuals is therefore inherent in the treaty[22] In Francovich the court held that in cases where there was a failure to implement community law under Article 249 that there was a right to compensation provided (a) the result which had to be attained by the directive involved rights conferred on individuals. The directive undoubtedly confers rights (better working conditions on both Rachel and Jose) (b) the contents of the rights could be identified from the provisions of the directive (this is satisfied as the directive is clear and unambiguous as to the applicable rights) (c) there must exist a casual link between the failure by the member state to fulfill its obligations and the damage suffered by the person affected (clearly if Rachel and Jose are dismissed because they refuse to work without the break provided for in the directive then there is a casual link). On the face of it Rachel (and Jose) would be able to bring an action for damages against the British government. It is for the national courts†¦ to ensure legal pro tection which persons derive from community law[23][24]. In anycase in the case of Jose, if he is not able to enforce his rights directly (and a complaint to the commission is a lengthy process-see below) industrial action by his trade union could be an attractive alternative. Article 226 plays the leading role in the â€Å"centralised enforcement† of EU law (as opposed to direct effect for instance at the national level)[25]. 226 provides that â€Å"if the commission considers that a member state has failed to fulfil an obligation under this treaty, it shall deliver a reasoned opinion on the matter after giving the state concerned the opportunity to submit its observations†¦ if the state concerned does not comply with the opinion within the period laid down by the Commission, the latter may bring the matter before the court of justice†. In addition Article 227 provides that a â€Å"memberstate which considers that another member state has failed to fulfil an obligation under the treaty may bring the matter before the Court of Justice†. The use of Article 227 has been rare though, member states preferring to leave it to the commission to take action under Article 226[26]. The infrequent use of Article 227[27] can best be attribute d to politics, especially with the increased use of QMV making it even more imperative to maintain good relations with fellow member states[28]. Also in the case before us the failure to implement correct break times for teachers lecturers in the UK is probably not of much concern to the Spanish government!! Returning to article 226 the procedure compromises two elements; the administrative stage and the judicial stage. The Commission, upon being notified of the member states infringement by a member state or a individual initiates matters with an informal letter to the member state government outlining the reasons upon which it suspects and infringement. The member state government is then invited to reply and to submit further information. This is then followed by a formal request to the member state to submit its observations (the letter of notice). Ideally the commission and the member state will negotiate an agreement by this stage, especially if it is the case that the member state is genuinely unaware of the infringement or is simply buying time before implementing the directive. In the UK as there is a chronic shortage of teachers the implementation may well have far reaching applications, for this reason the UK may well call commissions bluff and refrain from implementing the directive for a period of time. Only if no agreement is reached in the early stage will the commission deliver its reasoned opinion. Then only if the infringement continues will the commission move from the administrative phase to the judicial phase. It is of note that only a minority of cases will reach the judicial phase, in 2002 approximately ten percent and in 2003 approximately thirteen percent[29]. It is worth noting that the Commission is under no obligation to take action with regards to Article 226. If the member state takes no heed of the reasoned opinion then the Commission may begin the judicial stage but there is no time limit that the commission must adhere to in doing so[30]. Once the ECJ has judged against the member state failure to observe the terms of that judgment will constitute a breach of Article 228(1). The state may be required to remedy, introduce or revoke national law to comply with the courts judgment. If the state continues to be in breach of the judgment then the commission may invoke fresh proceedings under Article 228(2). The three administrative stages of Article 226 will then apply. If the commission decides to progress to the judicial stage then the commission will recommend a lump sum and or penalty payment[31] to be imposed against the defaulting member state (although I issue the caveat that this is only a recommendation to the court and there is no upper limit on the amount that may be fined). The Court of justice has consistently imposed fines on member states in Art 228(2) proceedings. In the case of Commission v Hellenic Republic[32] the ECJ held that although Article 228(2) did not specify the period in which the judgment had to be complied with the importance of immediate and uniform application of community law meant that the process of compliance had to be initiated at once and completed as soon as possible[33]. The process of Article 228(2) is a very long and drawn out one, with many cases taking a decade or more. Given that several years or more may elapse between the initial complaint to the commission and the hearing before the court of justice, the commission, in circumstances where continuing damage is being caused while the case is processed may well apply to the court for interim relief. The court may apply interim relief under Art 243; â€Å"the court of Justice may in any cases before it prescribe any necessary interim measures†. In the present scenario the issue of interim relief is, seemingly academic as they have not yet been sacked, instead I mention it to try and give a broader view of the area. In summation the commissions actions under Art 226 (or in the unlikely case of a state art 227 actions) are long, drawn out processes and will be of little use to Rachel and Jose who will have long moved on before their protests come to fruition. Bibliography: Chalmers, D. Hadjiemmanuil, C. Monti, G. Tomkins, A. (2006) European Union Law. Cambridge: Cambridge University Press. Craig, P. Directives: Direct effect, Indirect effect and the construction of national legislation. E.L. Rev. 1997, 22(6), 519-538 Fairhurst, J. (2005). Law of the European Union. Harlow: Pearson Longman. Harden, I. What future for the Centralised enforcement of community law? (2002) 55 CLP 495 Harlow, C. Rawlings, R. Accountability and law enforcement: The centralised EU infringement procedure. E.L. Rev. 2006, 31(4), 447-475 Meltzer, D. Member state liability in Europe and The United States. 2006 Jan 4 Int’l J. const. L. 39 Pachnou, D. Direct and Indirect effect of directives and state liability: their applicability in relation to procurement remedies. P.P.L.R. 2000, 5, 251-260 Weatherill, S. Breach of Directives and Breach of contract. (2001) 26 European Law review 177-183 Footnotes [1] Qualified Majority Voting [2] Formerly article 169 [3] Chalmers, Hadjiemmanuil, Monti and Tomkins, 2006, p365 [4] Subsequently amended by the TEU Article 228(2) [5] Fairhurst, 2006, p234 [6] Van Gend en Loos v Nederlandse Administratie der Belastingen Case 26/62 IN RELATION TO A TREATY ARTICLE [7] European Court of Justice [8] A directive is addressed to the state and NOT its citizens, As opposed to regulations (addressed to its citizens) which are binding as to both the method of implementation and the result to be achieved. [9] Case 41/74 [10] First employed in Ratti Case 14878 [11] Marshall v Southampton and SW Hampshire Area Health Authority (1986) Case 152/84 at Para 48 [12] Van Duyn v Home Office. Case 41-74 at Para 12 [13] Ursula Becker v Finanzamt Mà ¼nster-Innenstadt. Reference for a preliminary ruling: Finanzgericht Mà ¼nster Germany. Direct effect of directives. Case 8/1981 at Para 25 [14] See also Craig, 1997, 522 [15] See Faccini Dori v Recreb Case 91/92 [16] See for instance Case 316/93 Vaneetveld v Le Foyer and Faccini Dori v Recreb Case 91/92 [17] See Faccini Dori v Recreb Case 91/92 at Para 24 [18] Weatherill, 2001, p177 [19] Foster v British Gas Case 188/89 [20] Joined cases C-6 and 9/90 Francovich and Bonafici v Italy [21] Ibid at Para 33 [22] Ibid at Para 34 [23] R v Secretary of State for Transport ex parte Factortame Ltd Case 218/89 [24] Meltzer, 2006, 59 [25] Harden, 495, 2002 [26] Harlow and Rawlings, 2006, 451 [27] As yet on only two occasions see Case 141/178 France v United Kingdom and Case 388/95 Belgium v Spain [28] Chalmers, Hadjiemmanuil, Monti and Tomkins, 2006, p349 [29] European Commision 21st Annual report on the application of Community law, COM (2004) 839 [30] See the 6 year wait in Commision v Germany Case 422/92 [31] See Case 304/02 [32] Case 387/97 [33] Pachnou, 2000, 256

Wednesday, November 13, 2019

Folly of Science Exposed in Shelley’s Frankenstein and E.T.A. Hoffman’s

Folly of Science Exposed in Shelley’s Frankenstein and E.T.A. Hoffman’s Sandman In Mary Shelley’s Frankenstein and E.T.A. Hoffman’s Sandman, elements of science are portrayed in a negative light, warning the reader of the dangers of the unknown. Many aspects of science and technology are portrayed from alchemy and robotics in the Sandman to biology and chemistry in Frankenstein. The stories feature similar main characters that break the boundaries of conventional society in order to investigate their desires. Each story features a "living doll", or a creation of man that, while first made for good, results in evil. When we read The Sandman, we are left in doubt as to whether what is happening to Nathaniel is real or merely in his mind. For instance, when Hoffmann introduces Olympia, he does not mention whether she is a human being or a doll; and he does so in such a way the reader may not immediately realize this. We take for granted that Olympia is a real person, because we expect Nathaniel to know the difference. During the course of the story, the Sandman as Copp...

Monday, November 11, 2019

Civil Rights – Naacp

The iris case was not a success because the supreme court agreed with the board, but the second case In 1953, came to the agreement that segregation was wrong on the grounds that separating black students from others that are the same age and Intelligence as them because of their race, â€Å"generates a feeling of Inferiority†¦ That may affect their hearts and minds In a way unlikely ever to be undone,† (Chief Justice Earl Warren). This was a major success for the NAACP although Implementing the new ruling proved to be more difficult because the federal government did not force he state governments to apply them to their cities.This ruling did change some districts but most did not comply. Many schools and school districts were closed because the cities would have rather close them than integrate. Also because of President Eisenhower lack of support, the ruling was never enforced therefore making the ruling pointless. Similar problems occurred with other rulings and acts such as the Civil Rights Act of 1957 which attempted to end voter discrimination, but ended up being a useless law because of the loopholes left by the federal overspent.The only few times where the NAACP changes of the law actually worked such as the case about the arrest of Rosa Parks for refusing to give up her bus seat, and that was only because of the non-violent movement that got the publics attention and more involvement in the issue. The other legal successes for the black community such as the Voting Rights Act of 1965 which made it so African Americans could vote without being taxed, given impossible tasks, or being intimidated by racists groups; this time not leaving loopholes.This act along with there beneficial acts such as the Civil Rights Act of 1964 and the Immigration and Nationality Act of 1965 were mostly due to the many marches, movements, and riots that demanded change and the assassination of JEFF which happened right after he publicly announced that he was for the rights of African Americans by trying to put through the Civil Rights Act of 1964. Because this was one of the last things that JEFF was remembered for, LB had to live up the citizen's expectations for him to do the same as JEFF so that he would not have died In vain.In addition, the groups AIM and CLC participated in the Civil Rights Movements. In the event of Birmingham In 1963 lead by CLC was a major focus for the call rights activists. This event resulted In church bombings as the group CLC and other protesters marched for their rights and this movement later turned Into massive violence from the white society. As a continuation of Birmingham, James Bevel gave Dry. King the Idea to use children for marches arrested, and Jailed and more chaos prevailed.In (Source E) It displays a photograph from the event of the Birmingham Marches during the time period of 1963. It shows he violence and a African American male was being attacked by the local police with police dogs. This eve nt was somewhat successful at the end because stores were desegregated and some other public places. In the event of the Meredith March in 1966, Its main purpose was to protest against racism and other civil rights activists, including Dry. King and his group AIM, CLC, along with SYNC continued this march to protest for their civil rights in 1966.The start of this march was from James Meredith attending the University of Mississippi and was rejected his acceptance from the allege because of his race which was African American and James Meredith filed a complaint to the Court systems and the court ruled that the University of Mississippi was managing a policy of segregation. In the duration of this Many race riots broke out in the result of this setting. There was not only violence against the African Americans but there was violence against the U.S Marshals who were helping the African Americans. Referring back to the James Meredith march â€Å"March against Fear† the African Americans faced violence as well as when they were registering to vote. In he March James Meredith was shot and the Civil Rights activists Dry. King and Carmichael decided to finish the march on Meredith behalf. Therefore, this event was somewhat successful because it allowed the U. S to pay attention to the African Americans although it was not particularly in the way that King and other civil rights activists wanted to.The civil rights organizations the CORE and SYNC both proved to be vitally important during the civil rights movement. They often times worked in conjunction in order to work toward racial equality. Their first major movement was he Sit Ins in 1960 where college students refused to leave diners until served. The next thing was the Freedom Rides in 1961 in which black students tried to ride across in order to test the laws banning racial segregation on international buses.This effort was a failure in that there was extreme violence against the riders. â€Å"The rac ist mob had attacked with iron bars, and even bombs. Passengers escaped right before the bus burst into flames and it wasn't until policemen shot into the air that the mob dispersed† (Source A). After the Freedom Rides SYNC turned its attention to the Albany movement (1962) in which students tried to desegregate the entire public sector of the city. It failed because the police never got violent, and after CLC Joined they didn't allow King to stay in Jail.Malcolm X an influential leader of black Muslims used these types of instances to Justify the idea that â€Å"There's no such thing as a nonviolent revolution and that the revolution is based on concepts of property, independence, freedom, Justice and equality' (Source D). In 1994 SYNC attempted a new movement called Freedom Summer in which northern white students attempted o get blacks to register to vote. The southern states viewed it as â€Å"a planned invasion in which Northern students are causing problems under the pr etext of bringing Freedom† (Source B).The huge difference between the northern mentality of equality to all verses the southern mentality of white and better than blacks and stay out of our business led to a horrifically violent summer. The very next year SYNC went to Selma, Alabama in order to register voters, but the police had a violent response. During a speech at Howard Lyndon Johnson said â€Å"The words â€Å"Give me overcome discrimination I will sent to Congress a law designed to eliminate illegal barriers. (Source F).

Friday, November 8, 2019

Cyclones essays

Cyclones essays Natural disasters can happen at whichever time and at any place. Cyclones happen rarely in the southern hemisphere but when it happens it can kill thousands of people and demolish lots of buildings and properties. Cyclones are fierce whirling winds that can cause a lot of destruction. A cyclone can be so huge that it can cover over half of the United States. It can happen in the time of a few seconds to possibly 1 to 10minutes. A special extreme kind of cyclone that is only 300 yards (274 meters) across is a tornado. All cyclones have an eye. The eye is the center of the cyclone and is the only calm spot. The cyclones winds always spiral towards the eye, counterclockwise or anticlockwise. Cyclones move at speed between 240 to 1, 200 miles per hour or 386 to 1, 930 kilometers a day. Cyclone Tracy was the worst disaster that ever occurred in the Northern territory. On the 24th December 1974 disaster struck. Cyclone Tracy struck unexpectedly on Christmas Eve. It killed 65 people altogether, 49 died from being squashed by objects flying about and another 16 people were drowned at sea while trying to get away. Cyclone Tracy caused over 150 million dollars worth of damage and up to 90% of the town was destroyed. The wind speed was 217km/h. 25000 people were evacuated, as there was a hazard of diseases because the sewage pipes were broken. seven out of ten houses were destroyed or brutally damaged. After Cyclone Tracy had passed people helped to rebuild their town. That is why people still remember the terrors of that Christmas Eve. ...

Wednesday, November 6, 2019

roadless initiative essays

roadless initiative essays In 1978, the United States Forest Service (USFS) began the management of roadless areas, i.e., all areas greater than 5,000 acres and without constructed roads, in a study called Roadless Area Review and Evaluation II (RARE II). The purpose of this study was to determine the suitability of these roadless areas for inclusion in the National Wilderness Preservation System. On October 13, 1999, twenty-one years later, President Clinton directed the Forest Service to provide long-term protection to inventoried roadless areas, as well as smaller roadless areas not yet inventoried. President Clinton's primary motives in initiating this direction were to reduce the $8.4 billion backlog of road maintenance costs as well as provide a definitive statement on how inventoried roadless areas would be managed in the future. The USFS developed a plan for future management of all roadless areas known as the Final Roadless Area Conservation Rule (Roadless Rule) and released it on January 5, 2001. The Roadless Rule, scheduled to become federal policy on May 12, 2001, will have significant environmental, economical, and social impacts on 58 million acres of public land. One of the major effects of the Roadless Rule is the impact it will have on the nation's timber supply. Because road construction and timber harvesting will be prohibited on 58.5 million acres of National Forest lands, approximately 30% of all National Forest System (NFS) lands (USDA Summary S-1) under the Roadless Rule, this prohibition will result in an annual loss of 140 million board feet (USDA FEIS 2-26). Although twenty-one states will be affected, the majority of the losses will occur in the states of Alaska, Idaho, Oregon, and Utah. In fact, Alaska alone will lose 76.6 million board feet of timber annually (USDA FEIS B-5). The current timber program in Alaska averages 179 million board feet annually. The problem with a reduction in timber volume is that future timber...

Monday, November 4, 2019

Cisco Systems Essay Example | Topics and Well Written Essays - 1500 words

Cisco Systems - Essay Example Organization of interest Cisco faces unique opportunities to market itself as an agent of change, because the company re-engineered its IT infrastructure in both back office and front office applications, for the worker as well as for the customer. Change is often seen as positive by consumers in an economic crisis or bad situation. Back end and front end changes are visible in the company. The company used Microsoft and other programs, and in creating change went towards an open unitary architecture. Cisco’s financial success led the company to spend $100B, which the company put into IT changes which were generally successful. Much of the extant information available about successful IT companies like Cisco is biased towards the company as a strong leader, innovator, and survivor of the dot-com bubble, but there is still little mention of employee dissatisfaction on a mass scale that is organized, and this is another indicator that solutions based on customer attenuation are preferable in this enviro nment. One of the reasons for this could be that IT companies like Cisco tend to be very selective in accepting employees, hiring in many cases only about five percent of applicants. Another solution for proposal could be the company’s employee-centered human resources strategies, which can be integrated with the aforementioned focus on dynamism.

Saturday, November 2, 2019

Penal policy Essay Example | Topics and Well Written Essays - 3000 words

Penal policy - Essay Example , they are charged for their food, water, bedding and other daily necessities based on a scale in accordance with their social standing which was used instead of their financial capacity (Faucult 1997, p 97). A variety of forms of this system which can be seen as an early and bad example of the user pays principle continued in England until the 1780s, when prisoners began to be sent to Australia (Faucult 1997, p. 98). The financial exploitation of prisoners was regular in France and the United States (US) all through much of the nineteenth century, but was significantly extended in the southern states of the US in response to the severe labor scarcity following the Civil War. In the US, convicts were either forced to work under state supervision on railroad construction, mining, lumbering and other areas where free labor was in short supply, or were subleased by the state to entrepreneurs who used them, fundamentally as slaves, on cotton plantations and in factories. Next to the United States is Australia when it comes to the participation to the era of privatization. The National Party government of Queensland decided to start the operation of the new prison located at Borallon, near Brisbane, controlled by a private company under a management contract. The current Labor government confirmed its decision immediately after coming to power and ever since placed its new remand and reception centre at Wacol, a Brisbane suburb, under private management. New South Wales is the only other Australian State to date to adopt prison privatization. The NSW Liberal Party Government has entered into contract with a private firm for the design, construction and management of a maximum security prison at Junee, which is scheduled to become operational in March 1993 (Logan 1997, p. 112). A private prison is an institution that is managed by a nongovernment entity on behalf of the state. Logan (1997, p. 113) defined it as a place of confinement management by a private company