Logistics Management Woodcrafts and Antique

Question: Portray about the Logistics Management for Woodcrafts and Antique. Answer: Presentation: Foundation: Baan Tawai town is a celebrated focus of woodcrafts and collectible, bespoke furniture situated in the beautiful locale of Chiang Mai of Thailand (History : Baan Tawai - The Village of Handicraft, 2016). The interest for the furniture beginning in this town is unmatched and subsequently steps are taken to guarantee that individuals around the globe can get the ideal furniture advantageously. The town has had the option to fulfill the advancing inclinations of clients while keeping up the substance of pilgrim complexities in the planning of their furnishings. Baan Tawai has some expertise in the creation of different sorts of wood carvings and painstaking work whose acclaim has now stretched out the world over (History : Baan Tawai - The Village of Handicraft, 2016). Point: In the ongoing years, a rising pattern of interest for collectible and bespoke furniture has expanded in Australia especially those which were suggestive of pioneer tropics. Australia has seen the Europeans settle in their country in the eighteenth century (European disclosure and the colonization of Australia | australia.gov.au, 2016). The Australians have indicated an affectionate recognition for the antique furniture that intently looks like those utilized in the pilgrim Australia. Records have demonstrated that the interest of such old fashioned furniture far surpasses the flexibly of the equivalent. Consequently, the Australians have depended principally on the online stores and traded furniture from outside nations like Thailand to fulfill their requests. The accompanying report looks to address the strategic issues following the foundation an online retail business alongside a mark showroom in Brisbane and conveyance of the merchandise skillet Australia. The merchandise will b e brought from Baan Tawai of Chiang Mai and sent out through Bangkok to Australia. Extension: James Street in Fortitude Valley in Brisbane is a principal area for retail and way of life stores. It is viewed as a center point of stores for originator wears, top of the line eateries, workmanship exhibitions and home product stores. The spot pulls in purchasers from around Brisbane and vacationers are regularly observed bouncing starting with one shop then onto the next looking for remarkable items that can be infrequently found in different territories (James St | About, 2016). Reviews have demonstrated that setting up a mark store of collectible, pioneer furniture store in James Street would receive rewards for the Company. Conversation: Retail location and Online shop request the board and client assistance Request the executives: Request the board alludes to those exercises which exist between the arrangement of a request and the shipment of that request from the distribution center (Christopher, 2013). (The request the board of Retail store and Online-store encounters tremendous contrasts because of certain fundamental contrasts between the two. The request the board of Retail stores is commonly settled to deal with orders coming legitimately from affiliates and not from clients (Christopher, 2013). On the other hand, the Online-stores need to deal with enormous amounts of requests contrasted with Retails. Henceforth the stockroom of Retail stores needs to deal with tremendous measure of requests because of the cumbersome items while the littler items encourages utilization of littler cases and bundling. The request the executives would incorporate exercises identified with the request cycle which would again contain four stages. The means incorporate request transmittal, request handling, request picking and get together and request conveyance. If there should be an occurrence of both retail and online store, the hour of request transmittal is restricted since it comprises of direct Business to Consumer (B2C) collaboration. Following the request transmittal, the vender would process the request to find the specific situation of the distribution center separate of the area of the client. To do as such, the dealer needs to make a section in the PC in regards to the area of the client and the stock division finds the closest distribution center to make the whole procedure savvy. The bookkeeping office monitors the money related exchange between the client and the merchant. Transportation would be masterminded to orchestrate the shipment of the items. The furniture would be traded from Baan Tawai through air payload to the closest distribution center. The mentioned request will be picked from the stockroom and collected with the assistance of scanners and Radio-recurrence recognizable proof (RFID). The request the board will end with the conveyance of the request to the client (Dadzie, 2013). Client support: Client support alludes as per the general inclination of the clients as far as time, reliability, correspondence and accommodation. The client support is a significant piece of coordinations the board since it decides the dedication of the client (Famie Sparks, 2013). Based on the client gainfulness investigation, the organization would decide the assets that it will distribute to each portion of clients. The organization will find out which clients will at last end up being increasingly significant for the organization. If there should be an occurrence of the outlandish furnishings, the organization can hold the high society buyers to be their solid clients as the antique furniture would not end up being moderate for different clients. The organization additionally needs to decide how to gauge consumer loyalty subsequent to utilizing the furnishings. At the point when the furniture gave would neglect to fulfill the clients, the organization must guarantee simple converse coordinatio ns that is, returning of the products (Famie Sparks, 2013). The furniture might be lost or harmed, or it may show up after the expected time. If there should be an occurrence of retail location, the substitution request might be set through calls or up close and personal cooperation. For an online store, the protest can be set through sends or calls. After the request has fizzled, the organization would give either money back or an appropriate substitution. It is dependent upon the organization to submit sure such questions don't show up as it prompts overwhelming misfortune for the organization and may prompt loss of client dedication. Retail location and Online shop distributioncentre activity: The area of retail location is James Street, Brisbane and subsequently the appropriation community must be found appropriately. The distribution center must be arranged close by Fortitude valley to limit cost of transportation. The client puts in a request electronically through mobiles or PCs in the wake of experiencing the organization site exhibiting the various sorts of furniture. The position of the request is trailed by installment of money and afterward the stockroom is found closest to the client. The main part of clients of this sort of furniture can be found close to the elegant zone of James Street. With the assistance of programming, the thickness of dependable clients will be resolved and afterward the quantity of conveyance focuses would be resolved (Nettstrter,2015). The dispersion place likewise relies on the accessibility of work showcase which contains both nearby work and outsider work. If there should arise an occurrence of foreigner work, the visa conditions must be remembered. The Fair Work Ombudsman gives a rundown of rules and guidelines and the Australian government additionally enrolls the migration laws (Welcome to the Fair Work Ombudsman site, 2016) . The furniture will be imported from Thailand and consequently settler laborers will be called while taking care of certain multifaceted pieces. Brisbane is situated close to the Brisbane River which is all around associated with the ocean and consequently transportation can be assembled without any problem. Air transportation is likewise accessible for bringing in the furniture from Thailand since the Brisbane Airport close to the distribution center. In the distribution center different advances are followed before sending the furniture to the clients. Stockroom exercises comprise of accepting the furniture from cargo and afterward the state of the furniture would be checked in order to check any harm it may have endured during the transportation. The furniture would be checked against the bill got and afterward it would be put away with a stock keeping unit (SKU) number. The furniture would be arranged and put away as indicated by the different classifications. After the distribution center is told about a particular request, the necessary furniture is brought to the Marshall zone for checking the request got. After the arranged furniture is checked, it is readied (based on the furnishings) for bundling and afterward stacked on the vehicle. The sort of vehicle relies on the sort of furniture picked by the client. This procedure of putting away the furnishings and afterward delivery to the ideal area effectively is for the most p art subject to the data innovation (Famie Sparks, 2013). The distribution center monitors the main part of furniture showing up from the cargo and it helps in the arranging of the various types of furniture that have been imported from Thailand. The furniture may comprise of old fashioned beds, pantries, tables, etc. At the point when these shipments show up in mass, they are gathered and afterward assigned to various pieces of the distribution center subsequent to arranging them in to various gatherings (Pawlewski, 2013). The furniture is then arranged based on its evaluations and quality (Pawlewski, 2013). As of late, the coordinations tasks have been putting accentuation on maintainability issues as the effect of coordinations the board affects the network and condition. Bringing down of manageability in the distribution center, for example, renders it low as far as efficiency. The distribution center exercises additionally fall inside the areas of Work Health and Safety (WHS) Regulations which explains the obligations of the businesses to take care of the wellbeing and protections of the laborers in the stockroom. As per The News Daily, the warehousing work is one of the most risky employments in (Australia's most perilous occupations I The New Daily, 2014). Online shop physical dissemination: The furniture would be imported from the town of Baan Tawai, North Thailand to Bangkok since it is the closest harbor from the territory. From the port of Bangkok, the sea cargo woul

Manual For Writers of Term Papers and Dissertations

Manual For Writers of Term Papers and DissertationsThe term paper or essay is a very important part of your education. For a student that expects to be taken seriously in school, these papers are an important part of the learning process. However, the proper method for doing them is not always clear or even known by most people.Knowing the correct method to write a term paper or essay is an important skill to learn for writers of these documents. There are a number of different methods for writing them, which vary greatly in their proper use. One of the most common methods used to write term papers is by using the spread sheet, which is used for homework.This method is used when you want to write a term paper for a class that you have taken. In order to do this you need to take the answers you have gotten on the test and then type them into the spreadsheet you created from your assignment. You should keep in mind that the spreadsheet should be formatted correctly so that it is easy t o read. This will help in getting better grades from your students.There are plenty of good examples of spreadsheets available online. However, you need to make sure that the template you will use is not too complicated. If it is, you will lose time in creating it and will not have enough time to complete the work as quickly as you would like. Remember that it is the students who will be reading and grading your papers, so you need to be sure that the formatting is accurate and very clean.When you begin to write a term paper, be sure to write it first on the computer and then once you are finished, write it down onto a piece of paper. This will save you from having to retype the information and get it all back out before you can start writing the paper. Also, make sure that you have a space to write notes for each section of the paper.Make sure to keep track of your own notes and those that will be included in the paper as you go along. This way you will be able to find what you nee d very quickly as you go through the entire paper. Make sure that you keep copies of your notes in case you get lost or do not remember anything else.To be able to write a term paper on your own, you need to be very organized with your time and be able to take care of things quickly. Some of the paper may need more work than others and you may not be able to get it done. When this happens, you will need to print out a copy of the completed section and take it to a printer.Once you have the paper printed, you can then cut the paper out and store it somewhere that is easily accessible. Do not make the mistake of storing it in a location that does not allow you to easily access it, such as in a drawer in your home. This will slow you down when it comes to writing your paper and will take a long time to get it all done.

Lord of the Flies Literary Breakdown Essay Example For Students

Ruler of the Flies Literary Breakdown Essay ruler of the flies1. Incongruity a colloquialism, occurring, or circumstance that is evidently in opposition to what is planned or wanted. a) Fire with goal to murder wound up being the purpose behind salvage When seeking after Ralph, Jack requested the woodland to be determined to fire, to either slaughter him or power him out beyond all detectable inhibitions. He (Ralph) heard an inquisitive streaming sound and afterward a stronger crepitation as though somebody were opening up incredible sheets of cellophane. A stick snapped and he smothered a hack. Smoke was leaking through the branches. (Pg. 215, second Para.) This end up being their redeeming quality, as a maritime pontoon saw the smoke, and acted the hero, without a moment to spare to spare Ralph. We saw your smoke. What have you up to? Having a war or something? (Pg. 221)b)Young, Savage warriors were decreased to kids within the sight of a grown-up a similar clan who executed Simon and Piggy, and who were chasing Ralph down to murder him, started to cry like children. The negligible sight of a grown-up caused them to acknowledge what they had done, and would nev er fix. The other young men started to shake and cry as well. (Pg. 223, Para. 2)c)The once regarded pioneer turned into a pursued criminal Ralph, who first and foremost was consistently casted a ballot boss, was sought after and pursued by the very young men who decided in favor of him. They detest you RalphTheyre going to chase you tomorrow. (Page 201)d)Simon, who found that there was no mammoth, was slaughtered as the brute The spiritualist Simon, who Bravely walked to the alleged monster found that it was a dead pilot. At the point when he raced to tell the young men this, they went into a free for all and beat him to death. That was SimonThat was murder. (Pg. 172)e)The principle savages: Jack, Roger, Maurice, and so forth., were once ensemble young men Jack and Roger, the two horrible savages, were once ensemble young men, the representation of goodness and virtue. In the primary part, Jack expressed, Choir! Stop! (P. 21)2. Authenticity theory or activity dependent on things as they may be, not as they ought to be. a)Ralph and Piggy talk about the way that they are separated from everyone else on the island and that more likely than not nobody knows where they are. Ralph understands the circumstance they are in and chooses to frame a clan. He endeavors to make request and respectfulness in the wild, which, in his eyes, is the best way to endure. A citation from page 15 uncovers the young men information on being separated from everyone else and of their area obscure to the world: Theyre all dead, said Piggy a this is an island. No one dont know were here. Your father dont know, no one dont know.We may remain here till we bite the dust. Piggy isn't a visionary. He is very much aware of the hazardous circumstance hes in. Likewise, it is indicated that Ralph expects to carry request to the gathering through his authority. Quiet down, said Ralph absently. He lifted the conch. Appears to me we should have a boss to choose things. Ralph understands the significance of request even alone on an island, without adults. b)Another case of authenticity in the novel is Ralphs emphasis on a fire. Ralph realizes that smoke is the main way that they will be safeguarded, henceforth he is continually focusing on the significance of a fire. The others in the clan can't handle or decline to get a handle on the significance of the fire. They are not practical. Theres something else. We can assist them with discovering us. On the off chance that a boat draws close to the island they may not see us. So we should make smoke on the mountain. We should make a fire. (Pg.41) This shows Ralphs supposition on the significance of a fire. .uf70ba2171fa4567b378dde73d0bcff1f , .uf70ba2171fa4567b378dde73d0bcff1f .postImageUrl , .uf70ba2171fa4567b378dde73d0bcff1f .focused content territory { min-tallness: 80px; position: relative; } .uf70ba2171fa4567b378dde73d0bcff1f , .uf70ba2171fa4567b378dde73d0bcff1f:hover , .uf70ba2171fa4567b378dde73d0bcff1f:visited , .uf70ba2171fa4567b378dde73d0bcff1f:active { border:0!important; } .uf70ba2171fa4567b378dde73d0bcff1f .clearfix:after { content: ; show: table; clear: both; } .uf70ba2171fa4567b378dde73d0bcff1f { show: square; progress: foundation shading 250ms; webkit-change: foundation shading 250ms; width: 100%; haziness: 1; progress: obscurity 250ms; webkit-change: murkiness 250ms; foundation shading: #95A5A6; } .uf70ba2171fa4567b378dde73d0bcff1f:active , .uf70ba2171fa4567b378dde73d0bcff1f:hover { darkness: 1; progress: mistiness 250ms; webkit-change: murkiness 250ms; foundation shading: #2C3E50; } .uf70ba2171fa4567b378dde73d0bcff1f .focused content zone { width: 100%; position: relat ive; } .uf70ba2171fa4567b378dde73d0bcff1f .ctaText { outskirt base: 0 strong #fff; shading: #2980B9; text dimension: 16px; textual style weight: intense; edge: 0; cushioning: 0; content improvement: underline; } .uf70ba2171fa4567b378dde73d0bcff1f .postTitle { shading: #FFFFFF; text dimension: 16px; text style weight: 600; edge: 0; cushioning: 0; width: 100%; } .uf70ba2171fa4567b378dde73d0bcff1f .ctaButton { foundation shading: #7F8C8D!important; shading: #2980B9; fringe: none; outskirt span: 3px; box-shadow: none; text dimension: 14px; text style weight: striking; line-stature: 26px; moz-fringe range: 3px; content adjust: focus; content adornment: none; content shadow: none; width: 80px; min-stature: 80px; foundation: url(https://artscolumbia.org/wp-content/modules/intelly-related-posts/resources/pictures/straightforward arrow.png)no-rehash; position: total; right: 0; top: 0; } .uf70ba2171fa4567b378dde73d0bcff1f:hover .ctaButton { foundation shading: #34495E!important; } .uf70ba2171 fa4567b378dde73d0bcff1f .focused content { show: table; tallness: 80px; cushioning left: 18px; top: 0; } .uf70ba2171fa4567b378dde73d0bcff1f-content { show: table-cell; edge: 0; cushioning: 0; cushioning right: 108px; position: relative; vertical-adjust: center; width: 100%; } .uf70ba2171fa4567b378dde73d0bcff1f:after { content: ; show: square; clear: both; } READ: Profiles In Courage Essayc)Again, Ralph is the more sensible individual from the gathering. He is continually focusing on significance on a fire instead of getting meat. Jack would prefer to be optimistic and live easily investing his energy chasing. His primary goal ought to prop the fire up, not chasing for meat. Ralph is sufficiently brilliant to realize that being safeguarded is a higher priority than any sort of extravagances, for example, meat. Ralph couldn't care less much for

Essay on Prison Crowding

Essay on Prison Crowding The intent of this paper is to examine the history of the prison population in the United States in regards to men and women. It will discuss the impact of the crowded prisons on the inmates as well as possible solutions to alleviate the crowding in the prisons. Before the authorities developed the female institution, they housed the women in a separate division of the male prison. In general, the women in these sections encountered horrific conditions. The excessive use of solitary confinement characterized these along with significant acts of sexual and physical abuse that the male inmates and guards meted out to them. The women in these facilities received few, if any, services (Mallicoat, 2012 from Freedman, 1981). Further, Mallicoat (2012) said that they housed the women at Auburn State Prison in New York, in the attic space where they experienced unsupervised situations. Male inmates received the assignment to distribute their meals to these women. In several instances, the men remained for extensive time than they required to complete the duties that pertained to their job. Unsurprisingly, many prison-related pregnancies occurred from these interacted experiences. Unfortunately, in 1825, Rachel Welch, a pregnant woman died from beatings she received from a male guard. However, this incident led to momentous changes in how they housed the incarcerated women. Consequently, in 1839, in response to the growing concerns of the abuse of the females in male prison facilities, they opened the first women prison facility. Therefore, they located the Mount Pleasant Prison Annex on the Sing Sing grounds and placed a male penitentiary in Ossining, New York. Even though they set a female warden at the Mount Pleasant, the male Sing Sing administrators still had complete control. These males had minimal perception about the nature of criminality in the females. Notwithstanding the officials intent to eliminate the abuse experience that the women encountered inside of the prison setting, the male guards continued to abuse and administer corporal punishment to these the women at Mount Pleasant. Additionally, Mallicoat, (2012) contended that the unpleasant conditions and the high levels of neglect and abuse, impelled moral reformers in the United States to work toward improved conditions for these incarcerated women. During the 1820s and 1830s, several American reformers came from liberal religious backgrounds within the middle- and upper-class communities. These reformers efforts led to noteworthy changes for the incarcerated women, which included the development of separate women institutions. As a new perspective, the reformatory became an institution, which they developed for the purpose of rehabilitating women from their immoral behaviors. At that point and for an undefined time, they sent the women to the reform center until they became satisfied that these women got improved. The women whom they sent to sent to the reformatories were most likely the White, working-class women (Mallicoat, 2012). Based on the viewpoint that they designed the jail to improve the womens moral character, the women received sentence for various crimes. These crimes included indecent and vulgar behavior, fornication, veneral disease, adultery and a series of premarital pregnancies. In comparison to male institutions, the custodial institutions had design and values. They offered very little in regards to the rehabilitative programming for the incarcerated women. These women whom they placed in custody faced several distinctive issues, with many of which the prison was ill-equipped to deal. Interestingly, some facilities had prison nursery programs that gave the mothers, while they remain in incarceration, the opportunity to stay with their young children. They additionally, created gender-responsive programming to address the particular needs of the female offenders (Mallicoat, 2012). In recent times according to Biron (2013) The United States Congress research wing issue warning that 30 years of historically unparalleled increase in the number of the United States incarcerated prisoners. The incarcerations have led to extensive of overcrowding that presently impacts the federal prison systems infrastructure. In addition, for over 30 years, based on a new report from the Congressional Research Service (CRS), the population within the federal has escalated to approximately 790% increase 219,000 from 25,000 inmates. Today, these distended figures, have confirmed that the United States incarcerated more people than any of the other countries. Out of 100,000, they have imprisoned some 716 persons. Throughout the 1980s, prisoners litigation in the federal courts experienced dramatic increase. Although the Supreme Court said that the constitution did not mandate comfortable prisons in response to Rhode v Chapman, 452 U.S. 337, 101 S.C + 2392, 69 L. Ed. 2d 59 (1981), lower courts intervened to limit the number of inmates whom they could house in some of the prisons. The officials often welcome judicial interventions since the overcrowding in the prisons made it difficult to control the prison populations. Crowded prison have more prisoners in the jail than what the facility can allow. The unhealthy state of the prisons relates to several issues that the American corrections currently face. The overcrowded prisons upset the inmates and also hinder their improvement in the psychological sphere. Additionally, the overcrowded prisons deprive the inmates of resources. This unavailability of resources and the absence of a peaceful environment can produce destructive outcome for the prisoners (Dhannyya, 2012). Indeed, overcrowding in the prison has several undesirable effects upon the detainees. Research demonstrated that overcrowding in prison produces aggression, competition for the limited available resources, increased incidents of illness, increased likelihood of relapse into criminal behavior and higher rates of suicide.   Research has also specified that overcrowding has three kinds of effects on the daily prison surroundings. The first effect centers around the lesser amount of everything that they have to stretch the same resources and space even further. They curtail the opportunities through which inmates can participate in rehabilitative and self-improvement programs like the academic, vocational training and employment programs. The lack of work or opprtunities to work, often result in inmate idleness and often reinforces the adage that idleness breeds discontent and disruptive behavior (Howard, 1996). The individual inmate’s behavior forms the second effect of overcrowding. Crowding creates stress and this stress in conjunction with other factors within the prison setting, can increase the adverse impacts of crowding. The inability to maintain personal identity, fear, idleness, or to turn off unwanted stimulation and interaction like noise, add to the stress that crowding presents. The third effect includes a combination of the inability of the correctional system to meet the increased demand for more space along with the resulting harm that the individual inmates encounter. Without a doubt, in an attempt to cope with the limited available space and the overcrowding, which take place, there is a strong tendency to misclassify offenders develop. To some extent, overcrowding result in offenders being classified on the basis of the available space than the level of security and the most suitable programs for the offenders (Howard, 1996). In addition to the three notable effects, among the inmates, the overcrowded prison initiates aggression and competition for the limited resources. It also influences illness and sufferings among the prisoners. Prison overcrowding increases the suicide rates and boosts recidivism among the prisoners (Dhannyya, 2012). Then there is prison rape, which served as one of the most serious problem for an inmate. During this experience, the smaller and puny prisoners, especially if they are unaligned to a particular gang, become most vulnerable (Scheb Sheb 11). Sheb Sheb 11 assert that the problem gained national attention. As a result, in July 2003, Congress enacted the Prison Rape reduction Act, which produced a commission that would examine all the problem related issues. It also required the local officials and federal state receive assistance from the Department of Justice. Cunniff, (2002) posits that always collecting, monitoring, and analyzing admission and length-of-stay information from the solution to alleviating crowding, as well as, manage the jail population. In addition, it will also help when they share the results with other justice officials as well as, with the officials who have leadership roles in the general government. Their cooperation will become essential as they collaboratively control the practices and policies that establish the jail admissions and the length of stay. As noted earlier, the handling and mechanisms of this issue, lie out of the control of the sheriff and, or jail administrator. For this reason, the sheriff and the jail administrator have a stake in forming a justice system-wide criminal justice coordinating committee (CJCC), or in strengthening an existing CJCC that is not operating well. The forum serves as a place where the sheriff can demonstrate that potential or actual jail crowding is a justice system dysfunction: it is not merely â€Å"the sheriff’s problem.† These officials have a significant stake in ensuring the prison bed resource is best used to maximize public protection. When they present pure and credible, practical evidence, they will do all they can to modify their practices and policies. A jail administrator and/or sheriff can exert substantial influence on the decision-making in which these other agencies become engaged. However, thay can only do so if they possess the facts and if they can proficiently answer questions about the changes the jail population makes. They can additionaly accomplish this influence if they can clearly demonstrate how the changes in admission rates or the lengths of stay can improve how they administer justice. This approach will also serve the community well when time to build a new jail arrives. Officials will be more informed and more supportive. They will be able to help the community understand that prison bed space is being used wisely. The general public will not support efforts to expand prison bed space until it becomes convinced that they squeeze out all the potential excess of the existing operation (Cunniff, 2002). Accordingly, the National Criminal Justice Reference Service (2000) states that the availability of alternatives, treatment options, and other resources are a powerful tool to decrease the jail populations. In fact, the Multnomah County, Oregon, public defender keeps and continually updates a database of services for both pre-trial defendants and adjudicated defendants awaiting sentencing. In Monroe County, New York, they permanently assign defenders to two staff members from the county’s Alternative to Incarceration program. They make available defense advocacy services for the defendants who are on bond in jail and those about to receive sentence. The staff also identify alternative programs for the clients plus, monitor the progress that the clients make. The Commonwealth of Virginia Public Defender’s Commission, in most of its offices throughout the states, utilizes sentencing advocates. The lawyers develop diversion plans or locate alternative sentencing programs for the defendants so that they can provide assistance. The sentencing advocates also work with defendants and their families in order to address and recommend optional treatments or alternative sentencing to the court (National Criminal Justice Reference Service, 2000). They have added alternative advocacy to the solution. Importantly, in several communities, the interest of the private defense bar in improving bail practices attract the establishment of pretrial services agencies. Subsequently, bar associations have sponsored the development of pre-trial offices in California, Monroe County, new York and San Mateo County. Further, the involvement of the ongoing bar has served as the chief catalyst in dealing with jail crowding as it occurs in both jurisdictions. Public defender offices also support individual optional prison term ventures. Community Partners in Action Center on Alternatives, work along with public defender offices in Hartford and New Haven, Connecticut, to develop structured, individualized sentencing recommendations for the clients liable to receive jail terms. They structure the program on the clients specific planning model that the National Center for Institutions and Alternatives pioneered. Finally, they focus on defender’s case-processing systems that may influence the jail populations. They employ vertical processing, which involves assigning a case to the same team throughout the court process or attorney. They may reduce court delay and save jail space. The horizontal processing, on the other hand, comprises reassignment of instances when they pass a certain stage. This form of processing frequently results in considerable delay in the case while a new attorney becomes familiar with the defendant and the case((National Criminal Justice Reference Service 2000). Without a doubt, this paper has confirmed the experiences of prison overcrowding. This issue has developed for a long time in the jail system. Many ill-effects have resulted, which have created immeasurable discomforts and substandard experiences for the inmates. However, with time the authorities have implemented solutions to this overcrowding situation. They have sponsored the development of pre-trial offices and had also focused on defender’s case-processing systems that may influence the jail populations. Finally, they intend to reduce court delay so as to limit the crowding in jail. Work cited Biron, C. (2013). U.S. Prison Population Seeing Unprecedented Increase Retrieved December 19, 2014, from http://www.ipsnews.net/2013/02/u-s-prison-population-seeing-unprecedented-increase/ Cunniff, M. (2002). Jail Crowding: Understanding Jail Population Dynamics. Retrieved December 19, 2014, from http://static.nicic.gov/Library/017209.pdf Dhannyya. (2012). Prison overcrowding effects on Inmates,Overcrowded prisons in US and Canada,Negative impact or effects of overcrowding. Retrieved December 19, 2014, from http://dhannyya.hubpages.com/hub/Prison-overcrowding-and-its-effects-on-Inmates Howard, J. (1996). PRISON OVERCROWDING. Retrieved December 19, 2014, from http://www.johnhoward.ab.ca/pub/C42.htm Mallicoat, S. (2012).  Women and crime: A text/reader  (Vol. ISBN-13: 978-1412987509 ISBN- 10: 1412987504, pp. 461- 463). Thousand Oaks, Calif.: SAGE. National Criminal Justice Reference Service. (2000, January 1). A Second Look at Alleviating Jail Crowding: A Systems Perspective. Retrieved December 19, 2014, from https://www.ncjrs.gov/pdffiles1/bja/182507.pdf Scheb, J., Scheb, II, J. (2009). Criminal Procedure. Retrieved December 19, 2014, from https://books.google.com.jm/books?id=4F4gMAKbeuECpg=PA240lpg=PA240dq=the issues prison officials encounter due to the overcrowding problem of prisonsource=blots=a0LYS3GyvZsig=kuvAtD1MtzX-RjXr_5te7h5IsKshl=ensa=Xei=t6KUVJ2TGsqYgwTY9IOoDwved=0CD0Q6AEwBQ#v=onepageq=the issues prison officials encounter due to the overcrowding problem of prisonf=false

The Life Cycle of a Social Problem - 1494 Words

The Life Cycle of a Social Problem A social problem is a condition that a group of people view as being undesirable. These can be a variety of different â€Å"problems.†They can occur in your community, school, church or any place that people interact with each other or an object. When a social problem arises there is a general way that they are handled. The earliest of definition on how a social problem is recognized was made by Richard Fuller and Richard Myers. There cycle had three stages. The first stage was that the group had to some situation or behavior as a problem. Once they stated that there was a problem the next step was to transforms the situation or beahvior into a public debate to discuss that certain problem and how it†¦show more content†¦These roles of power also have concentrated link to the critical approach. When a problem is merely a micro problem it is normally blamed on the attributes of people rather than the integrity of the system. With any social problem in general there are two moral entrepreneurs. They are the rule creators ,which is the group that is trying to fix a behavior or situation that doesnt agree with there ideals or belifs, and the rule enforcers which are the police and other public officals that will have to oversee that the law or resolution is upheld by the public. The simple one of these two are the rule enforcers. There main part is just to uphold these rules so therefore they look at it is a job and not a way of life persay like a rule creator would.They also come into the life cycle after the solution or resoultion has been determined .During their time of upholding the new law they will make many enemies and friends but the only thing that really matters is that the new law or rule will be upheld so there will not be another social problem of this nature. The second of the moral entrepreneurs and the most complex one is the rule creators. They are the ones that start fighting for the social problem and have to continue even if they are successful in getting a new rule or law established. The first step in a rule creator is the stage of becoming aShow MoreRelatedThe Life Cycle of a Social Problem1478 Words   |  6 Pages The Life Cycle of a Social Problem nbsp;nbsp;nbsp;nbsp;nbsp;A social problem is a condition that a group of people view as being undesirable. These can be a variety of different à ¢Ã¢â€š ¬Ã…“problems.à ¢Ã¢â€š ¬?They can occur in your community, school, church or any place that people interact with each other or an object. When a social problem arises there is a general way that they are handled. nbsp;nbsp;nbsp;nbsp;nbsp;The earliest of definition on how a social problem is reconized was made by RichardRead More406 week 1 life cycle Essay968 Words   |  4 Pagesï » ¿ Life Cycle BSHS/406 08/04/2014 Life Cycle In this paper I will be writing about the life cycle and the understanding of what impacts an individual. I will be explaining three major concepts such as how self-determination impacts an individual’s ability to successfully negotiate challenges in each life cycle. Also how autonomy impacts an individual’s ability to successfully negotiateRead MoreClimate Change : A Global Threat For The Population1377 Words   |  6 Pagessecurity problem for present and upcoming generations with the passage of time. It is now predicted that these climate changes will increase the risk of violent conflict. 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Children who grow up in a violent house who are physically or sexually abused are more likely to then become abusive to their own children when they are adults. Abuse is a problem that reaches all ends of the earth. Stopping the cycle is hard, and abuse is no tradition any family wants to have. The cycle of abuse is studied by many, and researcher Coates (2010) explains the trauma of childhood abuse. The trauma that comes with being physicallyRead MoreRelationship Between Time And Human Behavior928 Words   |  4 PagesThe Life Cycle Perspective, also known as the life course theory is a useful way to understand the relationship between time and human behavior, which looks at how chronological age, relationships, common life transitions, and social change shape people throughout their lives. The life course perspective also focuses on traditional theories of developmental psychology, which look at the events that typically occur in people’s lives during different stages. 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The Content Of Food And Beverage Advertisements Are...

A growing number of research has been committed to determine whether the content of food and beverage advertisements is influencing children’s mentality. Since advertising could be used as a vehicle for sharing knowledge and beliefs which may affect patterns of behavior. Children are like a blank canvas on which to paint a new life idea. Children like everyone else also consume nutrients through sight and hearing. Essentially, they are being influenced by unique environment variables, firstly from their family environment. These environmental variables are the center of enculturation, from which ideas, attitude and images are memorized. Cultural or norm behaviors are learnt through the clothing they wear and even the food they eat. Many researchers have condemned advertising for its effects on children’s food knowledge, preferences and food choice obviously, advertising does have an effect on children. Parents are realizing that, all television represents is an influent ial power for children. Television is a way the world can model negative behaviors for children to follow. Action and words are equally effectual and one must be careful of what one does or says for kids to emulate. A popular phrase â€Å"bad habits are easily made but hard to broke† is true of children, because it requires maturity and self-control to resist the negative behavior and model positive ones. Though television is not the only way children see and interact with the world, it counts for most of theShow MoreRelatedPropaganda by Edward L Bernays34079 Words   |  137 PagesPROPAGANDA By EDWARD L. BERNAYS 1928 CONTENTS I. II. III. IV. V. VI. VII. VIII. IX. X. XI. ORGANIZING CHAOS .................................................. THE NEW PROPAGANDA ............................................ THE NEW PROPAGANDISTS .... 9 19 32 47 62 THE PSYCHOLOGY OF PUBLIC RELATIONS BUSINESS AND THE PUBLIC .... 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Plaintiff Liable Contributory Negligence †Myassignmenthelp.Com

Question: Discuss About The Plaintiff Liable Contributory Negligence? Answer: Introducation Yvette Sonja Horne, the plaintiff was only 13 when she met with an accident and suffered severe injuries in the lower part of her body. It was 11 December 1998 when she fell off her bicycle on the road in front of the rear wheels of a semi-trailer that passed across her lower body. She was riding to the Cooper Tennis courts from her school Aspley State High school, when she met with the accident. The tennis court was situated at some distance from the school, which caused the plaintiff ride to the Tennis Court. In this case, the State of Queensland is the first defendant, the driver of the semi-trailer named Lyall Norman Boettcher was the second defendant and the owner of the semi-trailer, Finner Bryce transport Pty Ltd was the third defendant. A legal proceeding has been initiated against the State of Queensland on the ground that it failed to management reasonable care towards the children who were under the responsibility of Aspley State High School, which can be depicted as negligent attitude on part of the State. The school also demonstrated a negligent behavior by permitting the children to ride to the Tennis Court from school as the school was aware that the road to the Tennis Court was dangerous for the children to ride bicycles owing to the heavy traffic on the road. Whether there was a breach of duty of care on part of Aspley State High School Is the plaintiff liable for contributory negligence? Can the owner and driver of the semi-trailer be held liable for negligence? Arguments of the plaintiff The main contention of the plaintiff was that the driver of the semi-trailer or the second defendant is liable for negligence, as he did not halt the vehicle even after he noticed that the plaintiff and her friend was riding bicycle in front of his vehicle (Antieau 2016). The entire attached semi-trailer and the prime mover of the vehicle had safely passed across the plaintiff safely but the plaintiff fell of the cycle in front of the rear wheels of the vehicle. The plaintiff further contended that the first defendant that is, Aspley State High School was negligent by failing to exercise reasonable care towards its pupils. The school owed a duty of care towards its pupils including the plaintiff as they were rising to the Tennis Court during the school hours with the permission of the school. This establishes that the school was responsible to ensure that the pupils reach to the Tennis court safely. Further, the school authorities were aware of the fact that some of the students might use bicycles to ride to the tennis court using the road, which poses potential danger for the children, especially, for ones of the plaintiffs age. Furthermore, the plaintiff stated that her mother was assured that the school authority would take responsible for the students while they go to the tennis court. The school assured that the students would travel in groups under supervision and a teacher would accompany the students on their way to the court. On the unfortunate day, the first defendant permitted the students to make their own way to the tennis court from school and did not accompany them under supervision of a teacher or other school authority to the Tennis Court. Connie Miles suggested the plaintiff to ride a bicycle to the Tennis Court. The plaintiff also contended that while she was riding the bicycle down the hill, she noticed prime mover and an attached semi-trailer was overtaking them. At that point, of time, the plaintiff realized that the rake system in bicycle was not working and she collided with the bicycle, which her friend was riding. Both the children flung off their bicycle and the plaintiff came under the rear wheels of the semi-trailer. The plaintiff asserted that she also faced difficulty while controlling the bicycle just before the plaintiff collided with her friend. Arguments of the defendant The driver of the semi-trailer that is, the second defendant contended that the plaintiff had seen the semi-trailer when it was two-meters away from her bicycle. He had a glimpse in his rear mirror after he heard a slight noise and saw that the plaintiff was under the trailer. He halted the vehicle and assisted to the plaintiff and her friend that was necessary at that point of time. The driver further asserted that the side wheels of the semi-trailer and the prime mover were very close to the white line in Beams road that kept out the traffic travelling towards Gympie road. The driver further contended that he saw two children riding bicycles in front of the vehicle and he noticed that the bicycle, which the plaintiff was riding, was unstable. Moreover, the plaintiff contended that the bicycle was big for the plaintiff and there was no indication on part of the plaintiff that she was about to swerve more than 1.7 meters to her right and the vehicle passed the plaintiff extending 2.4 meters from the centre line. Judgment of the Trial court After the perusal of the contentions made by both the parties, the court based its judgments on the following reasons: Firstly, the court relied on the recollection of the plaintiff and her friend with some reservation the owing to the fact that the incident had occurred nine years ago. While determining the liability of the first defendant with respect to negligence, the court considered the fact that the Aspley High School was responsible for ensuring that its students reach the Tennis court safely under the supervision of a teacher. When the plaintiffs mother enquired auditing the travelling from school to the Tennis court, the plaintiffs mother was assured that the children would travel in groups under supervision. Thirdly, considering the contention of the defendant that the bicycle was too big for the plaintiff and it was unstable due to defaulted brake system in the cycle, the court relied on the evidence of the police under section 18 and 101 of the Evidence Act. The evidence was related to the facts about the incident that was obtained after interviewing the defendants, plaintiff and her friend. Fourthly, while determining the liability of the second defendant, the driver, the court accepted the contention that Beams road posed danger for people riding bicycles. The court rejected the contention that the driver of the semi-trailer vehicle failed to exhibit reasonable care for preventing the incident that caused injuries to the plaintiff (Cusimano and Roberts 2016). The evidence that while the trailer passed, its side wheels were very close to the plaintiff supported this statement made by the court. The distance between the plaintiff and her friend and the prime mover was at a distance of 4.2 meter and the trailer being 8 ft wide, the court asserted that, the second and third defendant cannot be held liable for negligence (Brake 2014). Fifthly, the fact that the first defendant (school) owed a duty towards the plaintiff being te student of the school, the court opined that the school is liable for violating it duty of care by allowing the plaintiff to travel from school to the court without supervision while she was under the authority of the school. Further, despite being aware that there is possibility that students would either ride bicycles or walk on the Beams road to reach the Tennis court, the school permitted the students to make their own way to the tennis court. Sixthly, the court considered that on the day of incident, the children travelled without the supervision, thus, breaching their duty of care. Although the first defendant asserted that walking would have been a safer means than riding, for mature people in the position of the plaintiff, but the court considered that the plaintiff as immature at her age and rode the big bicycle with a defaulted brake system under influence of her friend (Ogden and Hylton 2016). The school was obligated to ensure that all its student reach the Tennis court safely and authorize a teacher to supervise them to the court instead of asking them to reach to the court on their own. The court supported its opinion by referring to Geyer v Downs Anor [1976-77] 138 CLR 81 and Williams v Eady [1893] 10 TLR 41 at p.42 which requires every teacher to exercise duty of care towards the students like a father exercises care towards his boy. Lastly, to determine whether the plaintiff was liable for contributory negligence, the court held that it is reasonable for a 13-year girl who is used to riding bicycles to detect that the brake system was not working. The court opined that the accident resulted partly due to the collision of bicycle with her friend and partly due to lack of care of the plaintiff. The court referred to Lynch v Nurdin [1841] 1 QB 29 which explains that contributory negligence of a child refers to the failure of the child to exercise the care that is reasonably expected from any ordinary child of the same age. The court considered that despite being aware that the bicycle was bigger than the size of the plaintiff and the default in the brake system, the plaintiff continued riding which implies she lacked maturity and failed to exercise reasonable care for her own safety. The court divided the responsibility between the plaintiff and the first defendant where the first defendant is entitled to 75% of responsibility for negligence and the plaintiff is entitled to 25% of the responsibility for contributory negligence. The plaintiff was awarded damages under the Griffiths and Kerkemeyer head of damage. Decision of Appellant court The judgment distributing negligence against the appellant was set aside and awarded the plaintiff with the cost of the appeal. Critical analysis of the decision The court accepted the contention made by the driver of the semi-trailer (second defendant) that the bicycle was big for the plaintiff and appeared to be unstable. The court was satisfied that the plaintiff fell off the bicycle because of inexperience in riding bicycle or due to the defaulted brake system in the bicycle. The court rejected the contention that the second defendant should have halted the vehicle on the ground that the plaintiff did not give any indication that the second defendant should stop the vehicle. Furthermore, there were other vehicles behind the semi-trailer, it was not possible for the second defendant to halt the vehicle, and neither the vehicle anticipated that it posed danger to the plaintiff. The court applied the Lynchs case, the court held that the plaintiff was aware of the fault in the brake system before reaching the place of the injury and concluded that the plaintiff acted immaturely and foolishly, hence, she was party accountable for the injuries sustained by her in the accident. The appellant made an appeal stating that the trial judge erred in apportioning the responsibility of the accident between the plaintiff and the defendant (Spamann 2016). The appellant claimed that she was not liable for contributory negligence and claimed damages for the need of future care. The appellant court held that the trial judge failed to provide sufficient evidence with respect to the fact that the appellant became aware that the braes of her bicycle were not working or that they were not working before she started the ride or before she reached the place of injury. The appellant contented that she was capable of exercising some control over the speed by using the front brake and the pedals of the bicycles. Further, the trial judge opined that the size of the bicycle is another cause for the accident but the appellate court disagreed with the trial judge stating that there is no sufficient evidence to establish the fact that the appellant had realized that the size of the bicycle hindered her efficient control over the cycle. Hence, the evidences adduced by the defendant do not establish that fact that the plaintiff was party accountable for the occurrence of the accident and the injuries sustained by her in the accident. Reference List Antieau, C.J., 2016. Procedural Requirements and Shared Liability.Antieau on Local Business Law, Second Edition, Barry, C., 2017. Statutory modifications of contributory negligence at common law.Precedent (Sydney, NSW), (140), p.12. Brake, D.L., 2014. Tortifying Retaliation: Protected Activity at the Intersection of Fault, Duty, and Causation. Chase, O.G. and Miller, H.G., 2016. Law of Negligence.New York Practice Guide: Negligence,1. Cusimano, G.S. and Roberts, M.L., 2016. Contributory Negligence and Assumption of Risk.Alabama Tort Law,1. Foley, M. and Christensen, M., 2016. Negligence and the Duty of Care: A Case Study Discussion.Singapore Nursing Journal,43(1). Geyer v Downs Anor [1976-77] 138 CLR 81 Lynch v Nurdin [1841] 1 QB 29 Ogden, B.G. and Hylton, K.N., 2016. Incentives to Take Care Under Contributory and Comparative Fault. Ryan, C.J., Callaghan, S. and Large, M., 2015. The importance of least restrictive care: the clinical implications of a recent High Court decision on negligence.Australasian psychology,23(4), pp.415-417. Spamann, H., 2016. Monetary Liability for Breach of the Duty of Care?.Journal of Legal Analysis,8(2), pp.337-373

A Birds Eye View Essays

A Birds Eye View Essays A Birds Eye View Paper A Birds Eye View Paper It was a long summers day and the faint breeze blowing at me, but refreshing me as I passed under a tree. I felt the relief from the baking sun that was beating down on me and everything within reach. As I soared past the familiar sight, I had arrived to my home. I progressed swiftly up the spiral stone steps leading into a turret. It was strong and made out of roughly hewn, grey bricks, which at the present were quite rustic but charming. I could see for miles on end up here. The sky stretched out above me like an insipid blue sheet, every now and then, peppered with wispy, buoyant clouds that just seemed to hang there in the balance. The display beneath were merely squares and oblongs sewn together, it looked rather much like an enormous patched-work quilt. The fields were divided up with trees and hedges compiling of different greens and yellows. The cars and houses resembled little toys from a distance, and the farmers were ploughing through their rippling, satin-like fields, haymaking and patently getting ready for harvest. Autumn was approaching, it had been a year, but yet I still cannot forget. I found the whole house quite bizarre really. Wherever I seemed to go I would feel this kind of presence and coldness that seemed to be indescribable. It made me feel like some futile, inane supernatural believer. I felt quite weird being in such a large room so I decided to have a wonder around this grand house. The family had told me to feel at home and so I took the liberty of exploiting their hospitality and explored the old house. Talking about the family, they seemed very accommodating and friendly, and if it hadnt been for them, well, I would have still been in the middle of nowhere, I suppose. I wished that my father hadnt lived in such a derelict and deserted place. The weird thing is I dont really remember how I ended up there. They explained that they found me unconscious in my car although I found it strange when they were repeating to me the events because it sounded like I was just asleep. Nevertheless I was very gracious for their hospitality and I felt quite comfortable staying there. After all I would be going in a couple of hours. Each room that I entered gave the impression that I was not alone and the chill was still as palpable as ever. The night before, I recall hearing strange noises. It was like there were other people who had witnessed these weird happenings, but I was engulfed with tiredness that it could have been all a warped dream. Before I could progress any further, the butler appeared right in front of me. This startled me a little and he presented me with a plateful of breakfast delights. I hadnt eaten anything since the day before so I dug in at once. Wow, these look amazing, did you make them yourself? I asked. The butler didnt answer, and before I could question his silence, he had placed the plate down on a big oak table and departed the dining room. Soon all the family members started to file in and I thanked them again for their generosity and informed them of my departure. But that would be unwise! exclaimed the father. Im sorry, I replied in bewilderment. I mean well it seems like youre going to have to stay here for a while longer as there was a storm yesterday and many of the roads are closed so Im afraid you wont be leaving today he tailed off in a suspiciously. I wasnt sure how to reply, I mean these people had been really humble to me; I didnt want to offend them or anything. Well okay, I suppose I could stay here for another night or so, I mean I dont want to be a nuisance or outstay my welcome I looked sincerely at the family. Its not a problem, we like having another creature in the house remarked the mother. What she said bemused me a little, but I tried to keep a bemused look from creeping on to my face and instead gave a short smile back to the mother. but Im going to have to let my father know, I mean he was expecting me yesterday, so would it be possible to use the telephone, its just I cant seem to find my phone? I asked anxiously. Im sorry that wont be possible, the lines are all dead, said the father stiffly, and afterwards subsequently he walked off in a soldier-like manner. His loquacious nature had disappeared entirely. Now all the warmth of a loving family that I had felt the night before was gradually starting to vanish. When everyone else had finished breakfast, I was left there by myself. I hadnt felt out of place before but now I felt I was getting the cold shoulder. I wanted to get out of this place but I couldnt or maybe I could. I couldnt possibly talk to these people again after that little display, so I rushed back up to my room and searched for my bag. I took out a pen and a notepad and started to scribble down a sorry note. I paused, what would I say? That I couldnt actually talk to them because they were creepy. Scrap this idea I thought, Id just tell them face to face thats the least they deserved. I slipped on my jacket and grabbed my bag, hurryingly. I had rummaged every room but no one was to be seen anywhere until I reached the living room. The fire flickered and danced around the room, filling the room with a warm but a peculiar glow. The whole family was sat there eyeing me. A disturbing feeling rooted at the pit of my stomach. Im sorry, but as much as youve welcomed me here, I really do have to go now. I blurted out as quickly as I could pronounce the words. I thanked them yet again, and when I didnt hear a reply, I jammed my eyes shut and turned around to face the powering main door. I walked steadily towards it hoping that they would not impede or obstruct me from making my escape. Every step I took, the floorboards creaked in an eerie manner causing a cold sweat to cover me. As I managed to reach the door, I heard another set of feet following me. I didnt dare to turn round I didnt. I grabbed for the door handle and turned it with a quick cocking motion, but unsurprisingly it didnt open. I knew it, I murdered under my panting breath. I had no choice but to turn around. A tunnel of darkness pierced occasionally with flashes of brilliant light that surged out of the living room with a silhouette of who looked to be the mother. She was closing in on me although I couldnt see her face but her eyes still remained vivid and there was a glimmer of a smile in them. It was then, snip- its of my life flashed before my eyes. Why? Am I dying? I could see petal-like wings with a camouflaged dress that I somewhat admired on the woman. Her cheeks were rosy and soft but colourless at the same time. As she approached me, I dropped to the ground; it was like all my energy had been captivated out of me. What was happening? I kept questioning myself but I didnt have any answers. My vision started to blur and the last image I had was my reflection in her mirrored eyes. I could feel pain on my shoulder blades and the feel of ruffled feathers began to emerge, there was this unbreakable bond between us. Stop it! I shouted in agony. Stop it, youre hurting me. But they didnt listen. I strained my eyes and searched further a field and saw a thin road stretching away into the distance like a grey ribbon. Everything was as calm as a summers sea. The sun faded into a haze of amber and gold, filling the land with shadow. As I became restless and agitated, I peered down and immediately I felt a wave of dizziness and nausea wash over me. Everyone and everything was departing from the scene, abandoning me, all alone, deserted on top of a castle. I looked at the view for a few seconds but then a sudden wind gushed past me, which caused the flag to flap and my wings to spread. Nobody will ever notice that Im gone, Im all alone and no-one can know what I am. Ive always wondered what it would be like to fly and now I actually can, I dont want to anymore. Every second I spend thinking about what everyone looks like. What my family look like, but I cant see them I wouldnt be able to face them. Maybe one day a miracle will happen but in the mean time I can only wallow in my own pain. Although I still dont know why.

Bhopal Gas Leak

Bhopal Gas Leak Free Online Research Papers This case study basically deals with the Bhopal gas leak. The age of mass torts arrived with Bhopal Gas Tragedy unveiling the environmental disasters with toxic invasions, and unfortunately, it continues. The multinationals, which entered the developing world as harbingers of profit and gain were in fact, brought the death demon, the Union Carbide which authored the tragedy thought it could wash off its hands by selling the abandoned Bhopal plant to Dow Chemicals, even as it emanate the poisonous gases and continue to cause enormous damage to the environment. It is not known with great certainty the figure of casualties and injured persons it is not possible to measure up the real damage to the environment which appear as on today as eternal. It is shocking that the Dow Chemicals claimed the remainder of the Relief Fund carved out of the settlement between the Government of India and Union Carbide for cleaning up the environmentally hazardous pollution emanating from the abandoned unit of the factory at Bhopal. The balance of the hitherto undistributed compensation has accumulated interest and grown to Rs. 1,505 crores. (some $327 million). Very appropriately, the Supreme Court on 19 July, 2004 ordered the Government of India to distribute the balance of compensation remaining from Union Carbides settlement among the 566,876 Bhopal survivors whose claims have been successfully settled. Survivors whose claims may have been wrongly dismissed or who were underpaid were directed by the court to file a separate application, and seek compensation from the Government of India. The average payout will still only amount to $570 per person which, despite Dow-Carbides now famous dictum that $500 is plenty good for an Indian, comes nowhere near meeting the costs of medical treatment that survivors have already had to fund for themselves, much less compensating for two decades of illness, loss of livelihood and fear for what new horrors may emerge in their bodies. It is a further setback for the Dow-Carbide corporation and its political accomplices in India, who are on record as demanding that this money, meant for the relief of the survivors, should be used to clean up the companys abandoned and polluted factory in Bhopal. Last month, the Government of India threw its weight behind a court action to force Dow-Carbide to bear the full costs of cleaning the plant. The Government of India has decided to convey the No Objection to the US Court of Appeals to consider environmental contamination claims unrelated to the Bhopal Gas Leak Disaster as defined in section 2(a) of the Bhopal Gas Leak Disaster (Processing of Claims) Act 1985. The issue pertains to a civil proceeding instituted in 1999 by some of the Bhopal based NGOs including that of Hasina Bis claims and affected persons in the US District Court for the Southern District of New York seeking relief under the Alien Tort Claims Act of New York against Union Carbide Corporation and Mr. Warren Anderson for causing personal injury as well as damage to the property. The suit was dismissed by the District Court on August 28, 2000 on the grounds that the plaintiff lacked standing to bring the action and that their claims were barred by 1989 settlement in the Supreme Court of India. Being aggrieved by the dismissal of their suit, the plaintiff filed an appeal before the Second Circuit Court of Appeals. The Court of Appeals heard parties in detail and after taking into account all the relevant facts, remanded the case by its order dated 17.3.04 to the District Court to consider certain aspects afresh. As is clear from the order of the Court of Appeal the claim for site remediation can be taken up by the District Court to which the case stands remanded only if the Indian Government or the State of Madhya Pradesh seeks to intervene in the action or otherwise urges the Court to order such relief. The views of Madhya Pradesh Government have also been obtained and who have also conveyed their No Objection in the matter with certain conditions. The No Objection given by the Government of India gives its consent to the US Court to direct the Union Carbide Corporation to clean up the mess it left behind in its plant in Bhopal, as the plant, which was operated by Union Carbide India Limited (UCIL) a wholly owned subsidiary of the multinational Union Carbide Corporation (UCC), closed down in December 1984 following the leak of tonnes of methyl isocyanate that led to the death of thousands of people. The union of India made it clear that neither the Madhya Pradesh State Government or its instrumentalities nor the Union of India has any objection to any relief for environmental remediation of the former Union Carbide plant premises in Bhopal being ordered or directed by a competent court or tribunal of the United States, as pleaded by the representatives of the victims of the tragedy. The Union of India made such a submission to the Court in US. Further, the Union of India and the Madhya Pradesh State Government and their respective instrumentalities, expressed their will to cooperate with any such relief as and when issued by the United States District Court. The Union of India will monitor and supervise such environmental remediation including decommissioning of plant and machinery, remediation / disposal of contaminated soil and appropriate disposal of toxic chemicals and wastes on the plant site by Union Carbide in order to ensure that it is undertaken in compliance with the n orms parameters laid down by a specific organization of the Government of India, the Central Pollution Control Board, for that purpose. However the Union of India was categorical in its commitment that the Union Carbide will also be held responsible for any loss/damages caused to life or property in the process of remediation and disposal. Pursuant to the polluter pays principle recognized by both the United States and India, Union Carbide should bear all of the financial burden and cost for the purpose of environmental clean up and remediation. The Union of India and the State Government of Madhya Pradesh, the submission stated, shall not bear any financial burden for this purpose. Criminal Liability and the Dow Chemicals Presently, Union Carbide is charged with culpable homicide and India is trying to extradite former Union Carbide CEO Warren Anderson to stand trial. The company, which owned 50.9 percent of UCIL, severed its relationship with UCIL in 1994 and has argued that it has no legal obligation to conduct or finance the clean-up. However, under Indian law Dow not only bought the assets, but also the liabilities, of Union Carbide and can therefore be held to account. The Chief Judicial Magistrates court in Bhopal, India, may very soon decide whether it will force Dow Chemical to send former Union Carbide officials to India to stand trial for the 1984 gas leak that has killed and injured over 60,000 people . Dow is currently under pressure to set aside assets to settle potentially crippling liabilities from risks associated with its production and use of asbestos, Agent Orange, and dioxin contamination in rivers in Michigan. In December 2002, Dow disclosed that the long-term costs associated with Union Carbides asbestos liability could be $2.2 billion, and it took an immediate charge of $828 million to its accounts. At the end of 2003, Dow had accrued obligations of $381 million for environmental remediation and restoration costs. The Dow Chemicals has denied that it has any further liability for the disaster, and considers the matter closed, arguing that a settlement for claims was reached in accordance with Indian law 15 years ago. However, since 1992, Union Carbide has been lambasted as an absconder from justice because Indias criminal proceedings into the tragedy have effectively been crippled by the continued non-attendance of the key accused Union Carbide Corporation, Union Carbide Eastern and Warren Anderson, the parent companys chairman. Bhoposhima: the Disaster Exported to India While third world countries expected that foreign investments would bring them avenues of employment, they brought unending misery and pollution. Veiled threats reached the government, the media and the legal institutions that imposing severe penalties on the MNC would deter other multinational players from entering the Indian Market, a possibility that was projected as dire. If the transferring MNC was to be let off lightly, it would send out signals that life was cheap in the developing world, and that profits could be essayed at the risk of death and disaster. UCC tried to shift blame saying it was local negligence and not design defect. There can be no other live example of death demon than one created by MNCs of developed nations is the Bhopal massacre caused by UCC. The death, disaster and dreadful conspiracy to exploit human labour in India and to unhesitatingly pollute the environment can be seen from the pathetic tragedy in Bhopal. Bhopal Gas Tragedy is described as another Hiroshima of the Chemical Industry one of the worst commercial industrial disasters in history, while Krishna Iyer preferred to call it Bhoposhima, a major disaster killing thousands of people as a consequence of corporate delinquency. The tragedy was described in different terms such as: accident, disaster, catastrophe, crisis and also as sabotage, conspiracy, massacre, and experiment, whichever best suited the arguments that would help to pin the blame on somebody. In his book titled The Bhopal Tragedy: Language, Logic and Politics in the Production of a Hazard, the author William Bogard Each of these descriptions, in its own way, minimizes the problem of human agency and intention, and thus refuses to address directly the issue of responsibility. Bogard goes on to point out that the best way to describe this incidence would be a tragedy because, In calling Bhopal a tragedy, we are still permitted to say that intention and agency were involved in how the event unfolded and that responsibility must ultimately rest with someone or some group. But unlike saying that Bhopal was the deliberate result of sabotage, a conspiracy, or some diabolical experiment involving human guinea pigs- charges that are virtually impos sible to prove in any case- a tragedy, in contrast, emerges out of a complex of confused and misguided intentions, many of which may be honorable in themselves but when forged to the actual chain of events produce the worst possible outcome. Massive poisoning The facts and figures of the accident are as follows: The Day: After 2nd December midnight, 3rd of December, 1984 The Time: Around 1 a.m. on Monday The Place: Bhopal, a densely populated region in the city of Bhopal, The Poisonous Gas: A poisonous vapor, a highly toxic cloud of methyl isocyanate, burst from the tall stacks. The Corporate Villain: The Union Carbide pesticide plant. Immediate deaths: 2000 Injured people: 3,00,000 Injured animals: 7000, of which 1000 killed. On the night of December 2-3, 1984 a gas leak at a small pesticide plant in Central India owned by a subsidiary of Union Carbide Corporation devastated a whole city Over 90% of the worst affected people were the poor living in the close vicinity of Bhopals industrial area. The job of the police who went to lower class localities was clearly defined: Open doors to one-room tenants; and pull out bodies five, six, seven. Anees Chisti, a journalist who witnessed the tragedy first hand states, after a while we began to devalue the meaning of death. On seeing another dead body, all one felt was a twinge of sadness, rather like what one feels when an Indian batsman walks back to the pavilion. Unending Sufferings A series of studies made five years later showed that many of the survivors were still suffering from one or several of the following ailments: partial or complete blindness, gastrointestinal disorders, impaired immune systems, post traumatic stress disorders, and menstrual problems in women. A rise in spontaneous abortions, stillbirths, and offspring with genetic defects was also noted. (The Bhopal Disaster) Pratima Ungarala referred a document, titled Union Carbide: Disaster at Bhopal , was authored by the retired Vice President of Health, Safety and Environmental Programs in Union Carbide Corporation, and several other papers to rhetorically analyze and also and to explore the various image restoration strategies that Union Carbide Corporation used through the course of the crisis. About 300,000 more would suffer agonising injuries from the disastrous effects of the massive poisoning while none could say if future generations would be affected. Forty tons of toxic gases were released from Carbides Bhopal plant and spread throughout the city. The cause was the contamination of Methyl Isocyanate (MIC) storage tank No. 610 with water carrying catalytic material. The result was a nightmare that still has no end. Residents awoke to clouds of suffocating gas and began a desperate flight through the dark streets. No alarm ever sounded a warning and no evacuation plan was prepared. When victims arrived at hospitals breathless and blind, do doctors did not know how to treat them since Carbide had not provided emergency information. But it was only when the sun rose the next morning that the magnitude of the devastation was clear. Dead bodies of humans and animals blocked the streets, leaves turned black, the smell of burning chilli peppers lingered in the air. Responsib le estimates suggest that as many as 10,000 may have died immediately. The precise number of deaths still remains a mystery. 2,000,00 were injured and 30,000 to 50,000 were too ill to ever return to their jobs. This is the Hiroshima of chemical industry. Invasion of Death Demon: The demon of death silently invaded millions of hearts and lungs without knocking the doors during the midnight of 2nd and 3rd December 1984, in Bhopal. It is not only future generation being deprived of the healthy nature but an MNC leaked poisonous gas was decimating the natural life of the present and future. Over 16000 children, men and women were laid dead and more than five lakhs were maimed. During maintenance operations in the Methyl-Iso-Cyanide MIC plant a large quantity of water entered one of the storage tanks containing 60 tons of MIC, triggering off a runaway reaction. A deadly cocktail of MIC and other chemicals such as Hydrogen Cyanide and Phosgene was carried by the northerly wind to the neighboring communities. People woke up with invisible clouds of poison gas, stinging eyes and burning throats. The suffocating gas invaded lungs and created enormous fluids inundating the lives with their own body fluids. Running here and there for life did not save their lives, as t he killer gas was all pervading. A small leak at 11.00 pm occurred from MIC storage tank 610. Workers noticed it but thought to be a normal and small leak, source of which could not be located. The sting of MIC was getting stronger and the temperature and pressure were rapidly rising in tank. At around 12.30 a gigantic hiss came out, a runaway chemical chain reaction, triggered by the entrance of water, and created a tremendous heat and pressure. Forty tons of deadly gases burst past the rupture disc, overwhelmed the plants safety systems, and shot into the atmosphere. Most of the workers fled in panic. Larry Everest narrated (at page 12 of his book) Throughout the slums and shanty settlements that surround the Union Carbide plant on three sides, thousands were awakened by the suffocating, burning effects of the gas, the cries of neighbours, the clamor of running, stumbling feet, or by the howls of animals in their death throes. Mothers did not know their children had died. Children didnt know their mothers had died . Men did not know their whole families had died. Anyone who was left alive ran away blindly. The toxic cloud was so dense and searing that people were reduced to near blindness in their rush through narrow, ill-lit alleys. Some who managed to hand onto life panicked, leaving loved ones behind. Families who tried to stay together were often separated momentarily in the blinding gas and then unable to regroup. Soon there was a massive exodus away from the Union Carbide Factory, now a fount of death, a stream of humanity of tens of thousands strong-walking, running, clinging to taxis, trucks, three wheeled autorickshaws or any other means of escape they could find. Bhopal looked like a battle zone in a chemical war. It was littered with the dead-lying in alleys, ditches, roadways, or still trapped in their huts, in the contorted positions of sudden death. They lay intermingled with the goats, cows, sheep, and other animals that had also perished. The gas cloud had devastated everythin g living in its path, even killing plants and turning leaves black. People were just lying on the road like dogs and cats. The survivors wandered among the carnage desperately seeking family and loved ones they had lost in the chaotic night. The total number of died may never be known. People continue to die from the effects of the gassing. Estimates of the number severely debilitated run as high as 60,000. And one can only speculate on what the long-term effects of such a massive exposure to toxins will be. There were mounting incidents of spontaneous abortions and stillbirths. Thousands could not work. All in all it was the worst industrial disaster in history. Disaster for the Environment The Bhopal disaster which killed several thousand people and injured another two lakhs in the space of a few hours, constitutes a watershed in the history of the chemical industry. The first of the autopsies revealed that the human blood had turned purple red, the lungs had become ash colour and filled with their own secretions. The tracheas were so dry that the mucous flaked off on touch. Sometimes the blood was so thick that if you dipped your finger in it and lifted it, it would come off like a wire. The gas leak saw thousands blinded, breathless and giddy, flooding the hospitals, carrying those who had collapsed along the way. In cases of acute exposure, victims had suffered extensive damage to their lungs. Those who did not succumb to their injuries fell victims to secondary infections of the lungs and respiratory tracts. The psychological trauma caused by the accident is just beginning to be acknowledged and goes far beyond those physically affected by the gas. Victims suffered depression, anxiety, impotence, loss of appetite, nightmares etc. For one whole week the government failed to assure the citizens of Bhopal on whether the air they were breathing, the water they were drinking , and the food they were consuming were safe or not. When health department personnel were spraying DDT some residents began to flee in panic as they imagined it was another noxious substance. On December 6 the Chief Minister declared that the air was totally safe, but tests conducted at the initiative of a group of science students indicated the presence of MIC. Not very much is yet known about the environmental impacts of the gas leak from the Bhopal plant. The Indian Council of Agricultural Research (ICAR) had issued a preliminary report on damage to crops, vegetables, animals and fish from the accident, but the investigation reported there were mostly in their early stages with few conclusive findings. The ICAR Report did indicate that the impact of whatever toxic substances emerge from the plant were highly lethal on exposed animals. Many were reported to have died within three minutes of such exposure. Large numbers of cattle (estimates range as high as 4000), as well as dogs and cats and birds were killed. Plant life was also severely damaged by exposure to the gas. Vegetable crops such as spinach, cauliflower and tomatoes grown by small farmers on the outskirts of the city were destroyed. There was also widespread defoliation of trees, especially in low lying areas. It was criticised that in the name of economic development Third World countries are thus becoming dumping grounds for hazardous technologies from the industrially advanced countries. The strong environmental awareness and environmental movements in the industrially advanced countries have enforced strict legislative safeguards that have made the operation of hazardous technology economically unviable. Many pesticides that are being pushed in Third World countries by multinationals are already banned in industrially advanced countries. DDT is a typical example which is being freely overused in India. To expect strict enforcement of environmental safeguards is to forget the basic economic fact that it is that relocation is taking place to avoid such enforcements that relocation is taking place. Statistics state that every year approximately 22,000 people die in the developing countries from the use of pesticides no longer manufactured in the West. Forgotten Obligations The present generation has an obligation to protect their future generations. A man has no right to exploit the ecology to the detriment of to be born. The International Community recognized this responsibility and drafted several instruments reminding the mankind to be kind to the natural world. After the loss of millions of human beings the UN Charter expressed a deep concern for the people yet to be born . The Stockholm conference in 1972 explained the imperative goal for mankind as to defend and improve the human environment for present and future generations. Besides war, peace and Development the International Law made a beginning in regulating the environmental issues. Man has both a right to healthy world around and a solemn responsibility to protect and improve the environs for the next generation. The United Nations General Assembly adopted World Charter for Nature in 1982 , which explicitly states that the Governments have a duty to pass on their natural heritage to future generations. The World Commission on Environment and Development WCED headed by Giro Harlen Bruntland proposed a set of legal principles for sustainable development and suggested for a global convention for this purpose. (World Commission on Environment and Development, Our Common Future, 1987) For this purpose and for arresting further degradation of the environment and to repair damage already done, the Rio Earth Summit was convened by the UNGA. Maintenance of ecological balance, prevention and control of environmental pollution, preservation of our natural resources, disaster mitigation and sustainable development are the basic factors of the Earth Charter, which is also called the Rio Declaration. Regulation of MNCs Union Carbides operations in India go back to the beginning of this century when it began marketing its products there. In 1924, an assembly plant for batteries was opened in Calcutta. By 1983 Carbide had 14 plants in India manufacturing chemicals pesticides, batteries and other products. Union Carbides operations in India were conducted through a subsidiary, Union Carbide India, Ltd. (UCIL). The parent US Company (UCC) held 50.9 % of UCIL stock. The balance of 49.1% was owned by various Indian investors. Normally foreign investors are limited to 40% ownership of equity in Indian companies, but the Indian government waived this requirement in the case of Union Carbide because of the sophistication of its technology and the companys potential for export. The multinationals operating in frivolous areas should be given second priority as compared to the much needed technology for key sectors of Indian industry. What is vital is that the multinational should not be allowed to function except under a strict regime of environmental controls and health and safety regulations. The Bhopal plant was licensed to manufacture 5250 tons of MIC based pesticides per year. However, peak production was only 2704 tons in 1981, falling to 1657 tons in 1983. Thus the quantity of pesticides manufactured in 1983 was only 31.37% of its licensed capacity. Was the Bhopal plant used for experiments in processes for which the UCIL was not authorised? Or was the capacity of the plant being under-utilised to maintain a monopolistic hold over prices? In the first ten months of 1984, losses amounted to Rs. 5,03,39,000. Union Carbide India Limited (UCIL), was thus deducted by Union Carbide Corporation (UCC) to close the plant and prepare it for sale. When no buyer was available in India, plans were made to dismantle the factory and ship it to another country. Negotiations toward this shutdown were completed by the end of November 1984. Financial losses and plans to dismantle the plant exacerbated Carbides already negligent management practices leading to executive decisions that directly caused the contamination of the MIC storage tank that leaked its contents over Bhopal. While saving money for both Union Carbide Corporation (UCC) and UCIL, negligent maintenance and substantial reductions of trained personnel culminated in the horrors of December 3, 1984. Union Carbide holds controls: Union Carbide India Limited UCIL was the entity running the Bhopal plant. Union Carbide Corporation is a dominant shareholder holding 50.9% shares in UCIL. Its share was reduced from earlier holding of 60% shares. As a multinational with full control over the UCIL, the UCC navigated the subsidiary in hazardous directions resulting in danger to lives of hundreds of thousands of Bhopal people. India contended that UCC was the parent and UCIL-the subsidiary. The Union Carbides control in critical areas of safety and technology was only on aspect of Union Carbides broader exercise of control over the strategic management direction of UCILs agricultural products division, which included the Bhopal plant. This strategic direction was in accordance with Union Carbides fundamental management strategy of coordinating its subsidiary product lines to accomplish the multinationals worldwide plans. India was right in trying to create unprecedented standard by lifting the corporate veil. If succee ded, no multinational corporation operating hazardous industry in India would be able to deploy its subsidiary as a shield. If the Indian court delivered a final judgement enforceable in US Court upholding Indias contention, its impact at least initially on US based multinational specialising in the export of hazard to the third world societies would have been massive. Perhaps, in fundamentals, at least the internal economy of Multinational Corporation community would have to undergo a profound peristroika. It stood to reason that if India enacted for herself a parens patriae role for the Bhopal victims, the Union Carbide has to ensure that it assumed a similar role for the global community of MNCs. The February settlement marked the triumph of the fiduciary role of the UCC for the world multinational community over the parental role of the Indian State for the Bhopal victims, observed Mr. N. R. Madhava Menon . Parens Patriae without Effective Jurisdiction No assertion of the parens patriae role makes any sense in the absence of any effective jurisdiction over a multinational enterprise in a mass disaster toxic tort. Indias suing the UCC in America courts was an essential precondition for the acquisition of this jurisdiction. Justice to the victims of Bhopal, whatever it may entail, this required the assurance of the UCC being amenable to the discipline of the law, either in America or India. MNC: Liability for Environmental Damage The MNCs are not doing any favour in investing in Developing countries. Instead, they are proved to be environmental hazards for the people working in and living around. In view of the size, huge capital, and the distance from which it operates, an MNC is not amenable to be controlled by a country which awaits investment for generating some sort of employment for its people. Industrial accidents are ever increasing in developing countries due to mishandling and negligent operations of MNCs playing with lives of human beings. Instead of riches and resources MNCs brought miseries and tragedies to the people and the governments in third world countries. They have less or no regard for civil and political rights of individuals by engaging in activity harmful to the health and welfare of the individuals. Bhopal Gas Tragedy is an example. Krishna Iyer has rightly named it as Bhoposhima. What with MNCs with unlimited exploitative appetites, infra-national industrialists with initiative, tac tics and money power at various levels wooing political power and while collar, we have the unconscionable ecocides who seduce politicians, among the vision of governments, lubricate the wheels of bureaucracy and progandise pollution as a necessary evil for the salvation of a Nation These are the words in which Krishna Iyer explained the apprehensions of the third world countries. Hazardous Multinational: New Term in Globalization Bhopal incident created a new expression called hazardous multinational which has to be separated from other ordinary MNCs. For the application of the principle of Absolute Liability and multinational enterprise liability, certain characteristics are to be there for classifying an enterprise as Hazardous Multinational. They are rightly explained by Upendra Baxi and Amitha Dhanda: a. the global structure, organisation, technology, finances and resources of multinationals enables them to take catastrophic decisions- that is decisions and actions which lead to mass disasters; b. the power of multinationals, especially over their key management personnel is neither restricted by national boundaries nor effectively controlled by international law; c. this is because of the complex corporate structure of multinationals with networks of subsidiaries and decisions which make it exceedingly difficult or even impossible to pinpoint responsibility for the damage caused by the enterprise d. the monolithic multinational operates through i) a neatly designed network of interlocking directors ii) a common operating system iii) global distribution and marketing systems iv) design development and technology worldwide v) financial and other controls vi) highly sophisticated and technologically capable machines and working staff; vii) victims of such daily actions are unable to identify which unit of the enterprise caused the harm. Even a manifest fault by a local subsidiary would be put at the doorstep of a multinational. This principle is based on the premise that power and knowledge create a legal duty. And this duty, which has an absolute and non-delegable character emanates from the unity of power and knowledge. This duty is two folds. It is the duty of the multinational to itself to keep informed and know. Such a duty cannot be, by definition delegable. Second, it is a duty of the same nature to employ normal care and prudence to know about the possibility of emergence of likely hazards and dangers. This duty too is non-delegable. The consequential duties arise from these two fundamental duties- (i) a duty to provide that all ultra-hazardous and dangerous activities be conducted with the required standards of safety and, ii) to provide all necessary safeguards, information and warnings concerning the activity involved. Mehta Principle and Toxic Torts With Bhopal Gas Tragedy, the age of mass torts began. The real environmental hazard to multiple masses of third world countries was realised. The sleepy Indian Government and similar developing countries shocked to know the direct and serious impact of MNCs in era of Globalization. The craving for foreign investments and transfer of technology from west with politically motivated vested interest has resulted in savage death to thousands of unknown masses. The Indian Jurisprudential principle of Absolute Liability was naturally not liked by the MNCs. The UCC wanted to assail the Mehta principle as unknown to the world jurisprudence. It is not impossible to justify the Indian assertion. It is either strict liability or absolute liability or compound of product of liability, negligence, public and private nuisance in general regime of tort liability or of some specific regimes or of specific regimes still emergent of toxic torts . UCCs claim that it was a domestic American Corporation not doing any business abroad but merely holding capital stock for book keeping purposes was fictional. The claim that its foreign subsidiaries were independent and that the UCC was not a multinational entity are equally controversial. Absolute Liability Ascertained Again the Supreme Court came to the rescue of this newly evolved and much needed principle of tortious liability in mass torts leading to environmental death trap. Justice Seth did not agree with several contentions raised by UCC and answered them emphatically. He stated: It is futile for the UCC to deny existence of any relationship with UCIL. It held majority of equity share capital at all material times, controlled more than half of the total voting power of the Indian company, controlled the composition of the Board of Directors and its management. Even if it chose to keep at arm length from Indian Company it could not absolve it from subsidiaries liability. The material on record established the fact that UCC had full authority to act for UCIL, which was totally dependent on technical know how and running of the Bhopal plant. It is beyond doubt that the UCC had the real control over the hazardous Bhopal plant operations. International Code for Trans National Companies Bhopal gas tragedy and consequent litigation has also revealed the need for evolving over all controls over the activities of MNCs especially when they are engaged in hazardous operations. Such a need was felt all over the world and the Secretary-General has rightly responded to it by evolving some methods in his report. The first step he suggested was risk assessment and involvement of factory employees and the community in the development of methods to identify the hazards and second step was about evolving strategies to plan and reduce the consequences of accidents and to settle the claims of liability. But the question as to the extent of liability of the parent company for the environmental harm caused by its affiliate was left open for further discussion. Had Bhopal tragedy was covered by industrial insurance, the victims would have received the necessary relief without much delay. It took four years to reach settlement and the distribution of relief is still going on in Bhopal . Speedy trial and early disposition of claims is as important as the fundamental right to life. All the theories of liability- the effect theory and enterprise theory pinpoint the liability on the parent American company UCC which controlled the Indian Company UCIL in its establishment and functioning besides playing a significant role in decision making. UCC not only owes a duty of care towards Indians but people in general. It is the basis of human rights jurisprudence and MNCs are subjected to the international human rights obligation. Similarly the Government of Madhya Pradesh and Government of India also are liable when the MNCs permitted by them are violating the international human and environment rights. International Codes: Since then various codes of conduct were developed. United Nations General Assembly, the International Labour Organisation ILO, The Food and Agricultural Organisation FAO and the Organisation for Economic Cooperation and Development OECD have incorporated the environmental aspects and the relations between the MNC and the host country. The UN Code of Conduct: The UN Draft Code for Transnational Corporations (TNCs) contain several specific obligations addressed directly to the MNCs. They include: 1. The obligation to respect the national sovereignty of the countries in which they operate and the right of each state to exercise its full sovereignty over its natural resources within its territory. 2. The obligation to be subject to the laws of the host country and the explicit duty to carry on their activities in conformity with the developmental policies, objectives and priorities of the respective governments. 3. In the light of the new interpretation given to development including the safeguarding of the environment, it should implicitly mean an obligation not to unreasonably alter the ecological balance of the host country through their activities . Whenever an enterprise starts a hazardous activity in the territory of a state, there is an inherent duty in the nature of the agreement itself, an understanding that it will not cause any serious adverse effects on the health of the people or environment of the country. If an accident like Bhopal tragedy results from the activity of the MNC it might amount to delinquent conduct or a wrongful breach of duty. The code also imposes an obligation on the MNCs to respect the human rights and fundamental freedoms in the host countries. Right to clean environment is a significant aspect of new human rights jurisprudence. It is a duty of MNC to protect and preserve that environment. However strong the code may be, its binding nature is a questionable aspect. The states have to enforce the code, which is addressed to the MNCs. Developed nations may not agree to enforce the code. OECD Guidelines: Organisation for Economic Cooperation and Development issued a Declaration on International Investment and MNEs in the Annex of which guidelines are embodied. The MNEs are accordingly under an obligation to give due consideration to the host countries aims and priorities with regard to economic and social progress, including industrial and regional development and the protection of environment. These guidelines are only advisory and not mandatory. They are not legally enforceable. But it reflects the agreement of international community to the aspect of duty of MNCs to abide by the laws, controls and regulations of the state in which the MNC operates like any other domestic corporation. MNCs and their activities brought very complex legal problems to the fore. The principles of tortious liability, Human rights jurisprudence, Environmental law and International relations are intertwined and with rights of the nations and persons as victims. Environmental Law and International Corporate law is yet to develop into a full-fledged law. Till then it is difficult for developing nations to control the hazardous activities of MNCs. The MNCs are not primary subjects of International Law. They are neither states nor public international organizations. It is the duty and obligation of the states to exercise their sovereignty and impose liabilities over the multinational enterprises without minding their international character and affiliations. Life and environment are the primary concerns of any state or organisation. It is everybodys responsibility to protect the natural rights and the nature, so that the major tragedies like Bhoposhima are not recurred. MNCs and Third World Countries: A firm with several centers of operation in different countries is a multinational enterprise. Blacks Dictionary explained a MNC as: In a strict sense this term is descriptive of a firm which has centres in many countries in contrast to an international firm, which does business in many countries but is based in only one country, though the terms are often used interchangeably. Chambers defined it as a large business company which has production or distribution operations in several countries via subsidiaries, holding companies etc. Third world countries became play fields for MNCs to make more profit because of cheap human labour and less stringent environmental regulations besides ready availability of raw materials. MNCs preferred third world countries rather than the industrialized first world nations with capital intensive technologies, expensive human resources and more expensive environmental restrictions. It is clear that MNCs had no special interest in developing the advancing countries. They have no concern for the environs of a developing nation and do not hesitate to exploit cheap human resources to convert their billions into trillions. Domestic Law: Amendment to Factories Act In response to the Bhopal disaster and its consequences, and influenced by the creation of Absolute Liability principle in Oleum Gas Leak case, questions of safety and liability were addressed. The Factories Act 1948 was amended in 1987 and a whole new chapter IVA was added. It deals with hazardous processes. Site Appraisal: There are provisions for a Site Appraisal Committee to certify where a factory may be located. Compulsory Disclosure: There are also provisions for compulsory disclosure of information about the dangers, including health hazards, that could arise from exposure to the materials in the factory or handling the materials during manufacture, transportation, storage or other processes. The compulsory disclosure of information is not only to the inspector under the Act, but also to the local authority and to the general public in the vicinity of the factory, which is an acknowledgement of the nearness of people at large to the risk of disaster. Disaster Management Plan: A Disaster Management Plan is to be drawn up even before a factory may commence activity. For the first time, workers are statutorily accorded the right to be principal participants in safety management. Liability of the Occupier: Under the amended Act, the person held accountable is the occupier. Before 1987 amendment, it was common to appoint a relatively lowly employee as the occupier who would take the rap if infractions were detected in the factory. After 1987, in the case of a company, the occupier has to be a director of the company- a statutory prescription that has been quite categorically endorsed by the Supreme Court in 1996. Relief to Manufacturer and Designer: There is a very dangerous provision that was inserted in the Act as Section 7B(5). This section spells virtual absolution for the manufacturer, designer, importer or supplier of plant and machinery. Where the user of such plant or machinery gives a written undertaking to take the steps specified in such undertaking to ensure, so far as it reasonably practicable, that the article will be safe without risks to the health of the workers when property used, it shall have the effect of relieving the designer, manufacturer et al from what is otherwise prescribed as a duty to care for the safety and health of the workers. The Dangerous Provision: That is, a transfer of technology agreement could now relieve the Union Carbides, the Du ponts and other chemical giangs of anwerability for the effects of the technology they transfer into India. In the unequal world of transferred technologies, this provision only serves to place the company controlling the technology beyond the reach of the law. This definitely makes the MNC a supranational power. If this provision is not repealed, another such disastermay find a transnational offender disappearing through this provision to impunity. Is there any conclusion to this endless trauma? Shocking Aftermath: Around twenty years after the worlds worst disaster the story has not yet ended, Thousands who survived are today suffering multiple health complications and those living closest to the plant continue to be poisoned. Thousands drink water poisoned by the chemicals that remain in the abandoned Union Carbide plant. Neither the Government nor the Dow Chemicals, which bought Union Carbide is willing to take responsibility for cleaning up. The victims are still running from court to court seeking justice, while the rest of the country does not know anything about their plight. It is rightly described as the tragic story of Bhopal how corporate indifference, government apathy and uninformed peoples disinterest made the life and death of victims miserable for some more decades. It is unending continuation of perpetuation of tragedy. It is reported that the company dug the bottom soil from three large solar evaporation ponds in Atal Ayub Nagar adjoining UCILs factory in Bhopal, spread over more than 20 acres, which were used to dump waste by UCIL. It was dug to bury the sludge under three meters of farm soil. People bathe, swim and even drink this water. Cattle die after drinking water from these ponds. The adjoining tube wells give water unfit for drinking. The yield from crops from nearby fields was drastically reduced. At least one person a day still dies from gas exposure related diseases and 1.5 lakh are in urgent need of medical attention. Breathlessness, loss of appetite, pain, menstrual irregularities, recurrent fever persistent cough, neurological disorders, fatigue weakness, anxiety and depression are among the most common symptoms. Research findings on chromosomal aberrations suggest that the future generations of the survivors will possibly carry the leftovers of the industrial toxins. The land around the factory is now occupied and every inch of it was built upon. The abandoned factory us being used as a public toilet by adjacent slums. Two large cylindrical tanks, which contained MIC including the one responsible for the gas leak on that fateful night are still lying there in the factory emanating the poisonous fumes. Sacks of decaying chemicals, blackened chemical bags, pools of stagnant water, rusted metal boxes labeled Sevin and Nitrate residues are still pose a danger to the vicinity there. As the groundwater is totally contaminated the people living around were promised to be supplied with the alternative piped water. The amount of Rs 3 crore sanctioned for this purpose was spent elsewhere . Who is legally responsible for this toxic wastes left behind by UCIL? In the absence of industrial activity the lease of the land to factory was cancelled by the Government of Madhya Pradesh. The land measuring 87.62 acres has been transferred to the Gas Relief and Rehabilitation department of the Madhya Pradesh Government. But as polluter, the UCIL must be fully responsible for wastes. It agreed to surrender the land in usable and habitable condition, as per lease terms. The Madhya Pradesh Pollution Control Board had directed UCIL to carry out environment investigation of dumpsite and remediation thereafter. Yet site was surrendered without complying with those directions in the same conditions not fit for habitation. All those provisions in Environment (Protection) Act 1986 and the Water (Prevention and control of Pollution) Act 1974, which contain heavy penalties are yet to be used against them. It is continuation of crime of pollution, the MPPCB does not use its power to prosecut e the culprit company. Cost of clean up was estimated to be Rs 2.5 Crores sometime back. Now the estimates have gone up to even Rs. 100 crores while Greenpeace activists put it at Rs 500 crores. Who will pay? It remains a moot question even today. Bhopal is the symbol of a disastrous side effect of so called Globalization and stands out as a living, say dying, example of inadequacy of domestic law to regulate, prevent or penalize the pollute TNCs and their agents. As the environment problems are going to be there for all generations to come, it is the duty of every person and every nation to evolve a equitable principle of making Trans National Companies liable for its transfer of hazardous technology to developing countries if that resulted in damage to human life or environment, without leaving any scope for escape after passing the buck on to the subsidiary or agent in different mask. International law based on conventions and protocols read with UN documents and reports of the UN Commissions, a new law to tackle the TNC hazards and imposing absolute liability should emerge. The environment protection is a universal and inter-generational equitable obligation of entire humanity irrespective of being developed, developing or underdeveloped nations in the international comity of nations. If not, the environment and human life will never be safe. Environmental safety cannot be achieved by creating new fundamental rights in favour of citizens, when they are not effectively enforced. Disaster may not be frequently repeated. But after experiencing the trauma of disaster, disastrous litigation and corrupt consequences without imposing any criminal liability on the culprits, nothing tangible is left as a system with which we could prevent such disasters. As mentioned even now the abandoned Union Carbide factory is spreading the poisonous gas, and the State did not prevent the spread of residential colonies around the deserted place of disaster, containing the contaminating chemicals. What system do the third world countries have to tackle the present and continuous disaster and to prevent some more? Research Papers on Bhopal Gas LeakPETSTEL analysis of IndiaMarketing of Lifeboy Soap A Unilever ProductRelationship between Media Coverage and Social andTwilight of the UAWQuebec and CanadaLifes What IfsComparison: Letter from Birmingham and CritoCapital PunishmentAssess the importance of Nationalism 1815-1850 EuropeGenetic Engineering