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Sample Essay on Lawsuits as the Next Frontier of Environmental Change

April 19th, 2016 Comments off

sample essay on lawsuits as the next frontier of environmental change

Climate change is more often discussed not as an abstract threat but a real issue. Extreme weather events like hurricanes and typhoons, floods, wildfires, habitat change, industry stress and diseases break out in new areas. In 2010 material damage caused by climate change has been estimated to $591 billion. The experts inform that the number will increase in the coming years. Such significant costs cause the issue of liability and compensation.

Companies responsible for large-scale greenhouse gases emanation might be responsible for material damage associated with climate change. This idea  is not new. A few lawsuits claiming compensation for climate change damages have been led in the United States. These cases have encountered some problems, however, climate damages litigations attract more and more attention.

The experts assume that lawsuits will be brought in home countries of greenhouse gas emitters. Still, climate change is a global problem since emissions originate in every country and their effects are spread all over the world.

This raises the possibility of transnational litigation involving a victim suing greenhouse gas emitters in his or her own country, even if the emitters originate from other countries. Transnational litigation implies interrelated and complex questions about jurisdiction, choice of law, recognition and enforcement.

The courts of the country where an illegal act took place have jurisdiction over indemnity for the harm. In the case of climate change, it should not be admitted that the illegal act took place in the country of the emitter, as the emissions caused damages together with global emissions. Climate damages claims should be brought in countries where the harm is done.

After asserting jurisdiction, it is necessary to regard which country’s laws should be applied. It is logical to suppose that the court applies the laws of its country. However, in transnational litigation, foreign laws might be practised. In many countries the law of the location where the illegal act took place is applied. Still, concerning climate damages, there is a real question as to where the illegal act took place.

Greenhouse gas emitters might presume that damage decree pronounced by courts in countries where they have no assets are quite safe. In many countries, however, if a court in a foreign jurisdiction pronounces damage decree, the legal decision is acknowledged as a debt and is recovered. Concerning the other aspects, whether and how this occurs depends on the laws of the country. Still, such possibility has serious implications for greenhouse gas emitters in developed countries, since it might expose them to lawsuits anywhere all over the world.

Climate damages lawsuits have a global potential. Litigations can be brought in different countries, then enforced in other countries where greenhouse gas emitters have their assets. As a result, such companies experience significant financial and legal risks.

Climate change is increasingly causing serious damage around the world leading to requests for compensation. These requests will be addressed through climate damages litigations. Major greenhouse gas emitters and their shareholders can avoid such risk by reducing their emanations, which requires rejection of fossil fuels, as well as concluding new international agreements about compensation demands, climate liability and emanation reductions in extensive ways.

References:

  1. David Hunter and James Salzman. Negligence in the Air: The Duty of Care in Climate Change Litigation. 155 U. Pennsylvania Law Review 1741, 2007
  2. Jim Hansen. The Threat to the Planet. The New York Review 12, July 13, 2006.
  3. Fankhauser, S. A Practitioner’s Guide to a Low-Carbon Economy: Lessons from the UK. Climate Policy, 13(3), 2013.
  4. Gary Bryner, The Rapid Evolution of Climate Change Law 20. Utah Bar Journal 22, March/April 2007.
  5. Mary Christina Wood. Atmospheric Trust Litigation. 2007
  6. Nachmany M., Fankhauser, S., Townshend, T., Collins, M., Landesman, T., Matthews, A., Pavese, C., Rietig, K., Schleifer, P., Setzer, J. The GLOBE Climate Legislation Study – A Review of Climate Change Legislation in 66 Countries. London: GLOBE International and the Grantham Research Institute, London School of Economics, 2014.
  7. Townshend, T., Fankhauser, S., Matthews, A., Feger, C., Liu, J., and Narciso, T. Legislating Climate Change at the National Level. Environment, 53(5), 2011.

Essay on International Trade Regulations in China

October 20th, 2015 Comments off

china trade lawsOn December 11, 2001, China got the status of the member of WTO. The country gradually liberalized the whole system of foreign trading, as well as proceeded with reducing the range of administrative barriers to the trade. In accordance with the amended Foreign Trade Law of the country, all sorts of enterprises have an opportunity to register for the right to conduct trading. Besides, individual Chinese have also a chance to trade far from the country’s borders in accordance with the Foreign Trade Law.

Licensing and Quota Control

Starting from 2005, all the requirements related to the licensing and quota have been excluded from almost all imports. Just a certain number of some products are being controlled by the import licensing experts. This year, only two types of commodities – electronic and key-used mechanical products and ozone depleting substances, are controlled by the import licensing experts.

The representatives of the MOFCOM, as well as the rest of adjacent State Council departments, hold responsibility for amending, generating and publishing of the electronic and mechanical products catalogue. The imports of these products are not being the subject to prohibition. For purposes of the analysis of import, the country implements import licensing system that works automatically for some of the electronic and mechanical products that will be freely imported.

Trade Labeling and Description Requirements

All goods that are now sold in the country must be labeled only in Chinese language and have detailed description of the specifications of the content, as well as the production date, the principles of application and the date of expiration. Besides, there should be provided explanatory warnings regarding the use of the products. The country has adopted a special labeling system that must help its experts to deal with the management of the GM agricultural bioproducts. Each of them must be labeled accurately in case they are to be sold within the market of China.

Customs and Quarantine System

The country has adopted and implemented the ‘quar?ntine inspect?on before customs declaration’ practice within the area of customs clearance. A special inspection seal was stamped to the Export G?ods Clearance Slips and G?od Clearance Slips. The latter are ?ssued to the products that are the subject to the entry-ex?t quarantine and inspection. The Customs are required to examine as well as release all the products against the Exp?rt Goods Clearance Slip or the Import Goods Clearance Slip that have been issued by the quarantine author?ties and entry-ex?t inspection experts.

The country also uses a special system of the so-called pre-shipment inspection for the wastes that have been imported as the raw materials. According to the rules, all wastes should properly measure up to the standards of the country’s environment protection. Besides, they must be inspected by the organization that is recognized and trusted by the Quality Supervision Administration right before the shipment.

In general, the country has a complex system of governing the local standards of food and products inspection. However, the management is required to ensure the best quality and safety of goods.

Issue – Rule – Application: a Formula for a Perfect Law Essay

September 24th, 2015 Comments off

law essay formulaAfter looking through the first several lines of your law essay, the majority of college and university tutors will certainly have a kind of déjà-vu called ‘seen it, read it, been there.’ If they start thinking about the potential mark for the project, it becomes terribly difficult to come up with one since you’ve actually said nothing new. The idea of the law essay is the same and it’s almost identical to the bunch of the ones provided by your class mates. Make sure to use the following hot tips on how to generate a perfect law essay and have your tutor reading it with his mouth hanging open!

First, ensure to provide context.

Although you may be eager to start outlining your crucial points directly in the very first sentence of the project, just stop for a moment and open your law essay with 1-3 sentences that include some background information that, in its turn, provides solid context for the argument that you present next. For instance: ‘In 2006, the A Act was introduced to the remedy difficulties of B. Nonetheless, from the very beginning it’s been highly criticized by C.’

Second, relate your background information to the question.

Of course, it’s a good idea to provide your reader with some good background material in the introductive section. However, it costs nothing if it is not referred to the law essay question. That is why you, as the author of it, must clearly link the information to the question in the introduction part though using all the key terms in the process. For instance, in case the question is the following: ‘What are the most important consequences of the A amendments?’ In your essay, you could turn to the question this way: ‘The project will address the most recent amendments to the A Act, as well as examine their consequences in regard to B.’

Third, being specific is a must.

Just keep precise in what is related to where your law essay will go. What kind of de-jure mechanisms and reforms are you going to concentrate on? What points will you most likely avoid? Why? Are you going to refer to some comparative theories or jurisdictions? Use as the pattern: ‘The project will include the studying of the civil litigation rules and their general efficiency in regard to the Summary Judgments. The latter have been selected as the main inquiry area for the reason that they represent the mechanism that judges always avail of in order to filter out this or that case that is not supposed to go to trial. The paper will be based on the US experience to imply that the higher threshold test should be applied to the current standards of the NSW.’

Fourth, build up a simple outline of the law essay structure.

This easy technique will help your readers to get the idea of the paper as well as make it comfortable to switch from one aspect to the other. The essay roadmap may look like this: ‘In section 1, the project will include the line of basic recommendations of the N Report. As for the section 2, it will outline the implementation of the recommendations from the section 1 in the existing Amendment Act. Section 3 will examine the critique of the amending instrument efficiency, while the following section 4 will be provided for the outline of the reform possibilities.’

This is the end.

For some unfathomable reason students are afraid to draw their own conclusions directly in the introductive section of the law essay. But there is no doubt about the fact that these actions are seen by the tutors as professional: ‘The eventual conclusion of the project will make it clear that the threshold test directed at obtaining the judgment by default is both – unjust and unsuitable.’

Sample Essay on Utilitarian Theories by Jeremy Bentham

September 24th, 2015 Comments off

Jeremy BenthamWhen the conversation flips to the utilitarianism, the history of philosophy distinguishes it as one of the most persuasive and powerful approach to what is called ‘normative ethics’. Although the term of ‘utilitarianism’ wasn’t fully articulated right until the nineteenth century, a wide range of utilitarianism positions could be observed from the very rise of ethical theory.

A great number of varieties of utilitarian theories have been discussed widely, but, generally, utilitarianism is associated with the following view: a particular morally right action is the one that is crowned with the most good. Although these definitions may vary among the philosophers, the ones produced by Classical Utilitarian Jeremy Bentham deserve particular consideration.

According to Bentham’s theory, ‘the good’ is the synonym for ‘pleasure’, which means the philosopher was the hedonist about value. He also held on to the belief that human beings ought to maximize the good, i.e. to bring a huge amount of good for the greatest number.

His famous theory holds that we all are ruled by two kings of our lives – pain and pleasure. We are looking for pleasure and do our best in order to stay away from pain, philosopher said. Based on his views, ‘two sovereign masters’ govern humans in all they say, or do, or even think.

Jeremy Bentham also propagated the utility principle as the basic standard of right action on the side of people and governments. His theory states that actions are approved only when they have a tendency to cause happiness, and disapproved when they are such as to promote pain. Throw in a view that people are supposed to exert every effort in order to promote happiness in every aspect of life, and what you got is a significant inconsistence with psychological egoism.

In Jeremy Bentham’s theory, any action that confronts to the utility principle is never wrong. What is more, it ought to be done, or at least there are no obstacles for it not to be done. However, the reformer doesn’t use the word ‘duty’ in this case. To his/her mind, duties are rights, the notions of the legal nature related directly to the notions of sanction and command. Talking about natural duties and rights suggests a law with no legislator and besides, it is irrational just like talking about a daughter without her parents. In addition to the theoretical considerations, the philosopher also condemned the belief in natural rights on account of the fact that it inspired bloodshed and aggression, as it happened during the Revolution in France.

By means of the criteria of duration, intensity, proximity, productiveness, certainty, extent and purity, Bentham reviews the punishment concept, as well as when this very punishment should be used in order to create more happiness and pleasure or pain for people. Instead of repressing the acts of violence, the philosopher points out that some of the unnecessary punishments and laws could eventually cause more dangerous acts than the ones being punished, as well as requires the legislators to properly measure the pains and pleasures that are associated with any kind of legislation and to generate laws to provide the greatest good.

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Essay on Legal Ramifications of Littering

August 14th, 2015 Comments off

people litteringBefore we proceed to the legal ramifications of littering, let us make it clear regarding what littering is. Litter is a sort of rubbish that has been improperly disposed, at wrong location and usually without any consent. In other words, littering is about throwing away various objects on to the ground instead of putting them into the recycling or garbage bin. In general, any kind of waste from factories, private houses or industries must be placed either in the waste to energy plant or in the recycling bin. All the other cases are simply illegal. Although the fines may vary from state to state, as well as by county and by city, people will definitely be charged in case they are caught littering.

Among the ramifications that are caused by littering, it is important to point out that litter can become the cause of serious accidents. All that is required for the accident to happen is just some trash thrown on the road. Whether it’s because some driver accidently drives his Mercedes over some wooden crate on the road or some other person swerves his Toyota in order to avoid the trash, a car accident can be caused by littering on the road. And car accidents, as we all know, cause severe injuries and even deaths.

The wildlife suffers greatly from the littering, experts say. Animals may simply get trapped or even poisoned with a variety of litter. The filters or butts from cigarettes are pretty dangerous for the world of wild creatures. What is more, they have been found in the stomachs of whales, fish and birds, who have thought that it was just a kind of food. In addition, the fluffy ones can get serious discomfort and trapped in the rubbish. For instance, the plastic that we usually make use of in order to hold beverage cans together can simply get wrapped around the necks of the animals and cause the suffocation. And finally, animals can be harmed by broken glass found here and there in a grass.

Illegally dumped rubbish can pollute the air we breathe, leach into water we drink and contaminate soil. The most hazardous in this group are the tires that can smolder for a long period of time when burned. Nowadays, thirty eight states in the US have relevant laws that ban the deposition of the whole tires in landfills.

Undoubtedly, litter can be quite hazardous. Discarded goods, sharps waste as well as pathogens caused by litter can become the number one cause of accidental harm to people.

As for the economy segment, litter carries pretty extensive cost to the area. For instance, when the question is about the United States of America, the litter cleaning usually costs hundreds of dollars for one ton that is almost ten times more than the trash disposal cost. If you really want it to stop, set a good example yourself. Stop littering now and make sure to encourage your family and friends do the same. A really good food for thought, don’t you think?

Corruption Essay Sample: Corruption – One of the Wicked Sins

June 30th, 2015 Comments off

There’s no doubt that nowadays corruption is one of the most undesirable sins that is here and there like a silent monster waiting for mere mortals. This is what the majority of people consider to be God of modern society. It is not an exaggeration to say that corruption has not only led to the poor law, but also caused such unpleasant things like poverty and general society disability. In other words, all the values related to morality have been destroyed by this evil power. But what is even worse – corruption is still growing every single day in huge proportions and there is no sphere in politics, economics or society that is free from it. It seems like it is an integral part of an everyday life and simply inseparable…

Under every stone we pick up, behind every closed door – corruption can be seen everywhere. Thus, it is a shame that we accept and for some unknown reason deny thinking that it’s a part of our selves already.

It’s not a secret that human beings’ souls are full of various temptations. That’s our nature, after all. And in fact, cash and shiny gold is a sort of a bait for all those officials and politicians, who can’t imagine their everyday lives without bribes any way. They are simply in need of something in order to get rid of that itching on the hands. However, the stink lies in the very hypocrisy that usually accompanies it.

There’s nothing more disheartening than when an absolutely corrupted individual is talking about high moral standards after taking a huge bribe and is trying to make people live in accordance with the ideologies and principles of Jesus Christ, and always remain honest. However, all the politicians, ministers and officials do exactly the same. They have a solid belief that it’s how our life is arranged and their routine is simply impossible without the incurable disease called ‘corruption’.

It’s so sad that just like some evil character from the book, corruption is getting into every aspect of our life. There are more and more greed addicts that exert every effort in order to push humanity into a decadence era. Every member of our society nowadays – be it a judiciary individual or a government representative – all are longing for personal profits.

Only energetic youth can be that huge power that can actually destroy the corruption. It has enough will and strength to attach with full force the government that is feeding this ‘tumor’. Without a doubt, it is the right time to bring the positive reforms out, so that every society member not only dream but also does his best in order to develop the world that is not only a good place to live but also absolutely free from corruption.

Police Brutality Essay: Is It Possible to Fight Police Brutality?

June 30th, 2015 Comments off

Recently there have been a great number of controversies regarding the cops who happened to be involved in dirty cases related to killing innocent Afro Americans or teenagers. Here and there – everywhere on the globe one can see how brutally the representatives of the law interact with the members of the society and how unfair it is that more often than not they remain unpunished. How to fight police brutality? Is there any chance to stand against the injustice? There is.

Do not hesitate to protest

City halls, police stations and all the other venues of the government should be marched on also protested against every time there is a case related to the brutality of the policemen.

 Recording the police is a must-to-do

The individuals must use their cameras every time the policemen harass them to them in the act. After that one may make use of the web and various media in order to expose these actions all over the globe. What we need to do is to fallow the police with a camera and record their actions. Due to the fact that the cameras are really cheap now, everyone can afford buying them, which means it is a lot easier to hold the policemen accountable for what they dare doing.

Vote out the representatives of the government who do not mind policemen brutality

Every politician, who condones police brutality, should be immediately vote out of his position. His office is not the place, where he should wear out his pair of pants. This is where he should focus on documenting police brutality. People must have a strong voice in their own country and make use of that voice to handle the problems in every community.

Interacting with police is crucial

It is highly recommended to use moderate police organizations in order to engage in dialogue with police to avoid brutality. The groups that focus on these activities have already done a lot to fight police brutality. And we all must collaborate with them as an intermediary to handle various community issues related to police.

We should take legal actions against brutal policemen

We have the right to take legal actions against police. The best way to fight the brutality of the policemen is only through hitting them directly in the pocket. The point is that if the policemen go on getting sued for their brutal actions again and again, they will be finally forced to face with the issue. That is why it is highly important to report every incident related to the police brutality to the media or the representatives of the government.

To come to the point, we all pay taxes and it means that we add it up to the police salaries. And what it comes down to is that policemen must serve the community, protect it and meet its demands. And as for us, it is not enough to get angry at policemen. We must take a step from anger to actions in order to stop all the cruelty in the future.

High Quality Law Papers Writing: Tips on How to not Mess It Up

August 19th, 2011 Comments off

If you’d like to know how to cope with law school papers of the highest level, you need to first of all come to the right place. Students have to start their law school papers with an attention-grabbing subject, research a piece of legislation, or a law that includes significant aspects of your studies. Perhaps you’re working on environmental law paper topics, international law paper topics or possibly law in the USA that shows changes in how different organizations can advertise to kids. You may think about developing a high quality law paper related to how various ethical issues in communities sooner or later become laws that are based in the communities’ needs. In addition, you may check old laws that are to be found in books, for instance, such as no eating options in city square, or it is necessary to forbid for the women to show off in public places their ankles. Moreover, you may include international law paper topics based on the laws that were built up from laws in the other countries, such as where Speech Freedom has started or what countries were the first to adopt that law.

Creating the finest quality law paper will require you to use legal or technical terms relevant to the subject you’ve chosen. Make sure you keep handy a law reference or book for the reason that not all words are properly organized in the Microsoft Word and word recognition or spelling suggestions won’t work well for all terminology.

Furthermore, you have to make sure you can properly and carefully develop various sections of the law paper in order to cover important aspects you need to share with your reader. This means you shouldn’t just tell the audience there is history – your task is to tell what history.

At long last, if you have lack of time or knowledge to write a top quality law paper on your own – get help! But there’s no need to use free online web sites because they will provide you with 100% plagiarized content and finally you will get kicked out of college. Approach a reliable and quality web site where they work on your success and provide you with strong paper with high quality formatting and excellent resources.

Essay on Organized Crime

February 25th, 2011 No comments

Organized crime consists of large-scale activities by groups of gangsters or racketeers. Such groups are often called the “crime syndicate or the underworld.” Organized crime specializes in providing illegal goods and services. Its activities include gambling, prostitution, the illegal sale of drugs, and loaning money at extremely high rates of interest. Many of these activities are often called “victimless crimes” because both the buyer and the seller take part in them willingly. Most activities of the crime syndicate are not reported to the police. People who use the illegal services try to avoid the police because they do not want to be associated with that kind of people.

When the crime syndicate invades a legitimate business or labor union, it uses terror, blackmail, and other methods to keep people from going to the police. Read more…

Law and Order in London in the Late Nineteenth Century

March 29th, 2010 No comments

The biggest changes in London’s law and order set up took place in the nineteenth century, around the time of the Jack the Ripper murders. This essay is going to discuss the role of the police, how and why the police force changed, the reasons behind it, and what difference these changes made to society.

Law and order in Britain consisted of two police forces in 1800, the Bow Street Runners and the Thames River police force. The forces were under constant threat because of the rapidly growing population, and the lack of sufficient constables. In London in 1829 there were 450 constables and 4000 watchmen, compared to 1.5 million inhabitants of London. Watchmen and parish constables patrolled the streets of London, who kept an eye out for trouble, and prevented disturbances and robberies. They were probably quite effective, because they knew the local area and the local troublemakers well, but little is known about them. However, these officers could not deal with big disturbances, like riots. At this time, there were frequent Chartist uprisings in London, which the police were completely unable to control. The Industrial Revolution (1750-1850) also caused an increase in homicide, robbery, theft and burglary, which added to the demand for a more effective police force.
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