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The Moral Responsibilities of Multinational Corporations...

Multinational companies like Caltex have a moral obligation to improve the living conditions of the citizens who live and work in those countries. Their role cannot be limited to increasing shareholder value, while perpetuating and fortifying political regimes that persecute and discriminate a group, or groups of their citizenry. I liken this to reforestation, and the responsibility that governments and corporations have to our planet. A corporation cannot simply make a profit and deplete natural and human resources; it needs to give back to that country and its communities. Under South Africas apartheid government, the Black majority was not given the same opportunities to life, liberty and the pursuit of happiness as the White†¦show more content†¦Ã¢â‚¬ ¦ By investing in South Africa, American companies inevitably strengthen the status quo of white supremacy. †¦ The leasing of a computer, the establishment of a new plant, the selling of supplies to the military all have political overtones. †¦ And among the country’s white community, the overriding goal of politics is maintenance of white control. In the words of Prime Minister John Vorster †¦ â€Å"We are building a nation for whites only† (Velazquez, 2006, p. 58). Although I have spent my entire adult life in business, I am certain that I would have supported each of the stockholder resolutions that â€Å"the Interfaith Center on Corporate Responsibility announced† as â€Å"some of its subscribing members owned stock in Texaco, Inc. and in Standard Oil Co. of California (SoCal).† (Velazquez M. , 2006, p. 59). As the text further states, â€Å"Caltex was actively supporting policies that were unjust because they laid burdens on Blacks that Whites did not have to bear† (Velazquez, 2006, p. 59). As a proponent of justice and people’s rights, I do not agree with the â€Å"utilitarian standard of morality† (Velazquez, 2006, p. 59). I view the horrors of apartheid in a similar fashion as I view the Holocaust. As far as the resolutions are concerned; Caltex to terminate its operations, Caltex not to sell to the military or police of South Africa, and Caltex to implement the TutuShow MoreRelatedMultinational Corporations1110 Words   |  5 PagesEthical Dilemmas for Multinational Enterprise: A Philosophical Overview Part One: Review Question #1 Multinational Corporations have always been and are currently now under harsh criticism. They are mainly condemned for exploiting resources and workers of third world countries, taking jobs away from the US industry, and destroying local cultures. Although there are negatives of multinational corporations, there are also positives. Business done overseas provides jobs for the people of theRead MoreRole Of Mncs As A Political Actor1225 Words   |  5 Pageseconomies in the world, 51 are now global corporations, only 49 are countries1.† Furthermore, the united nations’ body estimates that multinationals account for one quarter of the worlds GDP1. While one may not accept GDP as a measure of a nation’s power, it is a prime determinant of its capabilities and limitations as a political actor. The same can be said for MNCs, which have been on the rise since World War II. This discussion focuses on the role of MNCs as a political actor within, between andRead MoreW hat Are the Sources and Limits of Mnc Power1627 Words   |  7 PagesWhat are the sources and limits of MNC power? Multinational Corporations in a Global Economy IR 120 - 201136597 - Catharina Knobloch 1. Introduction As MNCs are getting increasingly important as actors in political bargaining, the purpose of this essay is to provide a (more or less) detailed overview over the sources and limits of the power of multinational corporations (MNCs). In the first section, I am going to lead into this topic by giving some definitions. In addition to that, I amRead MoreEthically Responsible4889 Words   |  20 Pagesfuture relies on their aptitude to operate globally. Third world countries seek to attract American MNCs for the jobs they provide and for the technological transfers they promise. However, when these MNCs entered into countries to do business particularly in the third World Countries, many American condemn them (Hofffman Frederick, 1995) for exploiting the resources and workers of the Third World. MNCs are blamed for the poverty and starvation. How ethically responsible should these companies beRead MoreThe Theory And The Maximisation Of Economic Efficiency1595 Words   |  7 Pagesrelationship. Although the nature of multinational corporations (MNCs) as capitalist enterprises makes them a force for progress in terms of maximizing economic efficiency, that same nature is problematic when considering a wider under standing of progress. MNCs’ potential to be a force for progress ultimately depends on the country and industry that is concerned, but it is important to understand – excluding any normative considerations of moral responsibility – that MNCs are businesses, and thus seek profitRead MoreHow A Mnc Effect Or Effected By Home Host Country Environment1344 Words   |  6 Pagesof this report is to define understand how a MNC effect or effected by Home Host country environments. Due to increasing global competition, changes in economic political system business organisation are facing rapid change in business environment. The world is separated politically financially into 200 countries separate countries where each country has its own laws, judiciary system and boundary regulations. We will be discussing how a MNC adapt these differentials and contribute to improveRead MoreBusiness Ethics and Rules Essay1231 Words   |  5 PagesPersonally, I agree that Solomon s ethical fundamentals are a good moral foundation for a business. â€Å"Business ethics is the study of what constitutes right and wrong (or good and bad) human conduct in a business context.† (p25) From the lecture, we know that ethics matters because â€Å"how organizations behave have important implications for how they fulfill their social and economic roles† and â€Å"their success as well as the success of their employees, customers, etc.† Thus, running a business ethicallyRead MoreNigerian Development : The Face Of Oil Extraction And How Mncs Such As Shell Essay1593 Words   |  7 Pagesbe the country’s most economically marginalized region. A significant impetus of these tumultuous changes has been multinational oil corporations like Shell that have been extracting oil in Nigeria since 1956. This paper seeks to examine Nigerian development in the face of oil extraction and how MNCs such as Shell have played a role in the country’s develop ment. I will argue that MNCs, specifically Shell, have had an adverse effect on development within Nigeria as a result of oil extraction and theRead MoreBusiness Ethics and International Business3026 Words   |  13 Pagesï » ¿QUESTION  : Business and Ethical practices/Issues in International Business and the role of Multinational enterprises (MNEs) Introduction to Business and Ethics The ethical-related issues have represented the foundation of different religions and life styles. Ethics can be found in all aspects of human activity as the individuals have been preoccupied with the quality of their behavior towards the people around. Even if they do not purposefully intend to improve their relations with the othersRead MoreBusiness Practices And Modern Development2019 Words   |  9 PagesIs a multinational corporation doing business in a developing country obligated to pay its employees (contracted or subcontracted) a living wage? Today we live in a globalized society; in the recent times world has became a single magnificent globalized village but blinded by all the success we sometimes ignore the cost of turning into a global society. Powerful multinationals have played a huge part in globalizing us and much of the development in recent history can be attributed to these huge

Death by Chocolate free essay sample

Owen uses imagery, symbolism and other figurative methods to develop the perceptions of desolation and mourning in his sonnet Anthem of Doomed Youth. How well does he do this? Anthem of Doomed Youth by Wilfred Owen uses imagery, symbolism and other figurative successfully to create the perceptions of desolation and mourning. Owens poem shows perspectives from both the battle front where the soldiers fight and the home front where the women and children wait for the soldiers to return. For those who die as cattle, the simile used here creates imagery f huge waves of men getting slaughter Just as the cattle would at a Slaughter House.This gives a strong sense to his poem as it is very powerful yet dark. The fallen soldiers fall like pawn on a chess board, this creates the mourning side of this sonnet as it is sad when a soldier falls and there no time to do anything about it. We will write a custom essay sample on Death by Chocolate or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Only the monstrous anger of the guns, the use of personification here makes the guns seem like the people on the battlefield full of anger. The sounds of the guns shooting make a very loud and angry sound monster like giving them the sense that the guns are he monsters of the battlefield.The guns of the battlefield deal massive damage against soldiers, the monstrous anger make you think of a monster, one which you will try and go after your life. The pallor of girls brows shall be the pall, this Is referring to the lonely maidens at the home front waiting for their men to return or any news from them. They are all pallor as they wait as the news for them Is usually not always pleasant. The pall Is the top of a coffin as referring In this sense the girls worry a lot about their men that they take their feelings to the grave with them. The tone used In this poem Is very depressing, Owen has not look at the positive side of the war and only all the negatives parts that overwhelm everyone. What candles may be held, the there are so many fallen soldiers that there Just Isnt enough time and space to hold a single candle for each of them. Through this poem we can see how the war can Impact on many people, everywhere no matter where you are. Many lives are lost at these wars and people weep over these lost friends. Owen has successfully develop the perceptions of desolation and mourning In his poem.

Issues, concerns, and challenges in environmental adjucation in the philippine court system free essay sample

Introduction The court system is an integral part of environmental enforcement in the Philippines and has made many important contributions to the field. However, environmental cases do not always progress smoothly through the judicial system. This paper is intended to identify important legal issues in the judicial system that affect or limit environmental adjudication. 2 The issues are divided between access to and competency of justice, and legal procedures. While many of these issues could be analyzed further, this paper will highlight the ones to which attention should be paid in any more comprehensive study of Philippine environmental case law. 3 This paper will also use examples and case studies from the United States to illustrate important legal points, since the U. S. and Philippines have similar legal systems. II. Issues A. Legal Procedure and Rules of the Court Because of their unique and complex nature, environmental cases are sometimes hindered by legal mechanisms and rules of procedure designed for non-environmental cases. We will write a custom essay sample on Issues, concerns, and challenges in environmental adjucation in the philippine court system or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page These include rules on standing and class action suits that often do not take into account the fact that environmental damage impacts all citizens. Furthermore, the nature and science of environmental violations often means that statutes of limitations, evidentiary rules, and burdens of proof are not suitable. Some of these issues can be handled internally by the judicial system by instructing lower courts to apply rules liberally. The impact of all of these issues, and how many actually present problems for plaintiffs, is crucial. 1. Standing of Plaintiffs and Citizens Suits In environmental cases, a plaintiff may not necessarily be legally injured in the traditional sense by an act of environ-mental destruction to impair his livelihood. For example, plaintiffs cannot recover damages for fish killed by pollution because they lack standing, despite the obvious economic loss they suffered. 4 While the destruction of natural aesthetic beauty is a moral outrage that indirectly harms all citizens, under traditional legal standing person no would have standing to sue. 5 Furthermore, environmental laws are designed to prevent catastrophic harm that is often not imminent or contained to one geographic area, as opposed to the narrow, immediate harms that provide the basis of most standing requirements. 6 Strict rulings on standing could stifle environmental enforcement, especially since the Philippines lacks sufficient enforcement capacity and personnel. The Philippine Supreme Court has held that standing requires: Such personal stake in the outcome of the controversy as to assure that concrete adverseness which sharpens the presentation of issues upon which the court depends for illumination of difficult constitutional questions. 7 The plaintiff himself must have some cognizable and redressable injury. Litigating for a general public interest, or â€Å"mere invocation†¦ of [plaintiff’s] duty to preserve the rule of law†¦ is not sufficient to clothe it with standing†¦. †8 However, the standing requirement is considered a technicality that courts may waive if the case concerns a â€Å"paramount public interest. †9 In its dictum in Oposa v. Factorum, the Court said that children might even have intergenerational standing to sue to prevent the destruction of forests for future generations. 10 There are questions as to the strength of these to reduce the standing threshold for environmental plaintiffs. While courts may waive technical standing provisions when a case deals with a paramount public interest, it is not required to do so. 11 Furthermore, judges may reasonably differ on what constitutes a â€Å"paramount public interest† since there is no overriding theme o define it. For example, in Kilosbayan, the Court found that determining the legality of an online lottery system fell within this definition, whereas in Integrated Bar, it held that determining whether deploying marines for crime deterrence violates the Constitution does not. 12 The Court did reduce some of this ambiguity in Oposa by declaring that the right to a balanced and healthful ecology concerns nothing less than self-preservation and self-perpetuation, presumably a â€Å"paramount public interest. †13 However, because the Court’s discussion on standing in Oposa was dictum, neither this claim nor the right to intergenerational standing is binding law upon the lower courts. 14 Without further guidance from the Court, it is likely that many lower court judges would be reluctant to act boldly by declaring that a particular issue is a â€Å"paramount public interest† and would deny standing. Congress tried to reduce the standing threshold with citizen suit provisions in environmental statutes, but these have been of limited use thus far. First, only the Philippine Clean Air and Ecological Solid Waste Management Acts contain citizen suit provisions;15 notably, the Philippine Clean Water Act, enacted after these two laws, does not. 16 Second, citizens still bear the risk of paying a winning defendant’s attorney’s fees, which could be costly enough to discourage even valid suits. Most importantly, these suits are still subject to the â€Å"actual controversy† requirement of the Constitution. 17 What this means in the context of citizen suits has not yet been heavily litigated in the Philippines. However, lower court judges often require plaintiffs to show actual injury in the narrow or traditional legal sense. 18 Likewise, when prosecutors deputize citizens to enforce a suit, judges sometimes insist that such deputization is only valid for a single case or even invalid under the Rules of the Court. 19 As a result, citizens suit provisions have been largely unused. 20 Standing under environmental laws is hotly contested in the U. S. 21 The U. S. has put citizens’ suit provisions into almost all of its environmental laws. 22 Plaintiffs are required to show 1) an injury in fact, 2) causation between the injury and the defendant’s actions, and 3) redressability in court. 23 NGOs can sue upon a showing that any of their members would have had standing to sue. 24 The focus is not on the injury to the environment, but rather the injury to the plaintiff or NGO representing him. However, the injury can be economic or non-pecuniary, including aesthetic or recreational value. 25 The Court also held that civil penalties payable to the U. S. Treasury serve as redress as they deter polluters. 26 Causation is often the more difficult element to prove, which will be discussed below in  § 4. In New Zealand, the Environment Court has taken a more radical approach. It has eliminated formal standing provisions, requiring only that a plaintiff have a greater interest than the public generally in a controversy or that he represents a relevant public interest. 27 This makes citizen enforcement very easy. However, one might also be concerned about whether this would overburden the court; granting standing is a fine balance between permitting valid environmental claims and risking frivolous litigation. 2. Class Actions and Large Number of Plaintiffs As the notorious mudslide at Ormoc in 1991 and Marcopper mine tailings in Marinduque show, injuries from environmental damage can be grave, costly, and affect a huge number of persons. 28 Even in less publicized events, the number of injured persons may often make individual litigation burdensome and complex. Furthermore, some members of an injured class may be too poor to prosecute their claims individually. Class action suits can facilitate litigation of such situations by providing for: [T]he protection of the defendant from inconsistent obligations, the protection of the interests of absentees, the provision of a convenient and economical means for disposing of similar lawsuits, and the facilitation of the spreading of litigation costs among numerous litigants with similar claims. 29 Other studies have shown that class action suits can provide important social benefits and encourage citizen enforcement to supplement agency regulation. 30 Class actions may the discourage attorney disloyalty that encourages lawyers to plea bargain for less than the actual injury. As happened in the Chinese poachers case in Palawan, lawyers or prosecutors may not seek full compensation for the damage caused because they have an incentive to expend less time and money on a small case. 31 However, because class actions provide aggregate incentives for lawyers, and fees and settlements undergo higher judicial scrutiny, such â€Å"disloyal† settlements are less likely to occur. 32 While the Philippine Rules of the Court provide for class action suits,33 judges will sometimes be reluctant to certify classes and instead treat the injuries of plaintiffs as separate, despite any common questions of law or fact. In Newsweek, Inc. v. IAC, the Supreme Court ruled that a defamatory remark directed at 8,500 sugar planters do not necessarily apply to every individual in a group, and therefore are not actionable as a class action. 34 Likewise, a judge might refuse to certify a class of pollution victims because they suffer different types of physical injuries, even if the source was the same pollution. In a more litigated legal system, there would be more case law to guide judges on the appropriateness of class actions. However, in the Philippines, this does not yet exist. Add to this the high cost for lawyers, and class actions become even less feasible for most Philippine plaintiffs. 35 In the U. S. , it is much easier to litigate environmental class action suits. The Supreme Court has clearly instructed courts to construe its class action rules liberally and encourage class action suits. 36 This limits judicial discretion in refusing to certify classes to only extreme situations. Furthermore, the rules allow plaintiffs to join by default rather than affirmatively. 37 For environmental cases, the courts will look at the potential number of plaintiffs or the size of the estimated areas that a pollutant has infected to see if plaintiffs have met the numerosity requirement, but they are not required to meet a certain minimum number. 38 For the Philippines, which, unlike the U. S. , has too few environmental class action suits, adopting some of these mechanisms may create a more efficient adjudication process for plaintiffs, defendants, and the courts. 3. Statute of Limitations and Delayed Injuries Unlike a traditional tort or crime, many environmental injuries are not discrete events but only manifest themselves after many years. Pollutants may build up in soils, waters, or human bodies for years without reaching a dangerous level. Cleanup of such sites can take even longer. For example, when the U. S. military left Subic Bay in 1992, it left behind hazardous waste sites with contaminated water that continue to poison the land over a decade later. 39 However, for environmental torts, the statute of limitations is four years, a relatively brief time. This could preclude the litigation of injuries from pollutants with an onset delayed for many years. Thus far statutes of limitation issues have not been a significant factor in environmental litigation. The Philippine Supreme Court addresses similar problems in other fields of law with the discovery rule, allowing the statute of limitations to run when the plaintiff actually or should reasonably have discovered the injury. 40 However, as the courts handle more brown environment cases, it will have to address the tensions between punishing past violators and protecting defendants from time-barred claims. 41 U. S. courts have adopted the due diligence discovery rule, particularly for Clean Water Act and wetlands violations. Because immediate detection of pollution or illegal fill into a wetlands is almost impossible, applying a statute of limitations strictly would defeat the remedial purpose of the act. 42 Courts try to effectuate the Congressional purpose of the statute with the due diligence discovery rule and giving the government a chance to file action against the polluter once the violation is reported to the EPA. 43 Some courts44 realize that a statute of limitation may be inappropriate for cases when pollution continues to cause problems over time. These courts argue that a: Defendants unpermitted discharge of dredged or fill materials into wetlands on the site is a continuing violation for as long as the fill remains. Accordingly, the five-year statute of limitations †¦ has not yet begun to run. 45 The statute of limitation will not run for as long as the pollution remains. Many courts will also treat common law tort nuisances as continuing violations. 46 This approach has the added benefit of allowing the government to fine violators for each day the pollution remains, capturing the more of the costs of environmental destruction. 47 Much of U. S. case law regarding the effect of statutes of limitations on environmental issues comes from ambiguities in the statute of limitation for complex processes, particularly the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), or Superfund law. 48 Because Congress anticipated the complexity and long-term nature of site cleanups, it structured the statute of limitations in a flexible manner, allowing the court hear an initial cost recovery action prior to issuing a declaratory judgment to avoid letting the statute run. It also allows the plaintiff to file subsequent cost-recovery actions to recapture further response costs incurred at the site. 49 However, the law’s different statutes of limitation for remedial and removal actions phases of the cleanup has led to confusion over how the phases are defined. Courts often defer to EPA determinations in characterizing the type of action due to its technical expertise, rather than making that judgment itself. 50 4. Meeting the Burden of Proof In environmental cases, there may be no line of direct evidence from the perpetrator to the harm. In pollution cases it is often impossible to prove that the plaintiff’s harm was caused by his exposure to the toxic material. 51 For example, if several factories dump pollution into Manila Bay, it is impossible to determine which caused a particular environmental harm. Furthermore, the courts cannot expect absolute scientific certainty on the effects of a health risk such as electro-magnetic fields from power cables. 52 Given these problems, the traditional burden of proof standards, preponderance for civil cases and beyond a reasonable doubt for criminal,53 may prove to be prohibitively high. Philippine courts employ liability-shifting mechanisms to manage this difficulty in environmental cases. For example, pursuant to the Fisheries Code, courts use reverse burden of proof to place the burden of exculpation on defendants found with high-explosive or cyanide fishing gear. 54 Furthermore, the courts have begun to experiment with the precautionary principle, placing the constitutional rights to health and safety above development. 55 The courts also employs res ipsa loquitor in tort suits,56 although this has not been a prominent feature of environmental litigation. Plaintiffs may also hold multiple defendants jointly and severally liable for an act of environmental destruction that cannot be traced to a single defendant company, such as the pollution in Manila Bay. 57 Until recently, Philippine lawmakers did not see a need to introduce a strict liability58 regime into environmental laws. 59 Strict liability was employed in other fields, but not environ-mental laws. More recent anti-pollution laws such as the Clean Air and Solid Waste Management Acts establish that a violation of the standard is actionable through citizen suits. 60 In U. S. , because of its common law tradition, courts are more willing to employ strict liability. Generally, when a defendant, â€Å"though without fault, has engaged in [a] perilous activity †¦, there is no justification for relieving it of liability. †61 Such â€Å"perilous activities† include operating explosives, nuclear energy, hydropower, fire, high-energy explosives, poisons, and other extremely hazardous materials. 62 For citizens suits under environmental statutes, plaintiffs need only show that the law was violated, not prove fault or any actual or threatened harm, without regard to mens rea. 63 When it is impossible to determine the proportion of fault of a large number of defendants, U. S. courts may approximate fault through other indicators, including market share and production output. For example, in Hymowitz v. Eli Lilly Co. , the New York Court of Appeals calculated the size of each defendant drug company’s market share for DES to determine their fault in the injuries caused by the drug. 64 This also allows courts to address injuries sustained in the past by approximating past fault through data available in the present. The Environment Court in New Zealand has adopted an even more radical approach and done away with formal burdens of proof. It focuses instead on obtaining the best possible evidence for a case. This makes it easier for plaintiffs appealing to the court to dislodge an unfavorable opinion from a lower court. 65 While the Philippine Supreme Court may not wish to go this far, the court could more strict liability for hazardous materials and market share liability tools. 5. Damages and Remedies Even if a plaintiff wins damages from a defendant, if the defendant keeps polluting or cutting trees, the damage will continue. 66 In the Philippines, this is particularly problematic as the fines and penalties imposed under law are often not enough to change a company’s behavior. In order to encourage development, Congress prohibited temporary restraining orders against government projects. 67 Since government infrastructure projects can cause massive damage to ecosystems, this prohibition is significant. Some courts try to avoid this loophole by claiming that the prohibition cannot violate a person’s constitutional right to health or safety. 68 The extent of this loophole is unclear. Finally, even if a plaintiff or prosecution wins its case, most of the time the true costs of the defendant’s actions will not be reflected in the award. Damages in civil cases and punishments in criminal cases generally capture the costs of any suffering caused to humans, not animals or plants. While some settlements may include forcing a defendant to install pollution-control equipment or contribute money to conservation programs, this still likely does not recoup the full extent of damage to the environment. It is difficult to regenerate natural forest, coral reefs, or populations of endangered animals. The judicial system does not have much power to remedy this problem. The decision on the purpose of environmental laws and how much plaintiffs recover is for the Congress. However, it is important for judges to understand that environmental cases deal with only a fraction of the true costs of environmental damage. This may convince some judges to be more sympathetic toward environmental cases. While punishments for defendants may seem exorbitant, understanding the unaccounted costs of environmental damage puts these into perspective. B. Access to and Competency of Justice Aside from the legal issues described above, in any country, there are a host of practical and logistical issues that impede the judicial system’s ability to handle environmental cases. This includes the lack of financial resources of plaintiffs, particularly in poorer parts of the Philippines. Plaintiffs and their lawyers must also feel safe from physical and financial harassment while litigating their case. On the other hand, both courts and lawyers are often unfamiliar with environmental laws and science, limiting their ability to adjudicate in the field. Finally, court dockets are often congested, and environmental cases are not given priority. The judicial system’s role in addressing these issues ranges from fairly involved to almost no role. Yet, in attempting to understand environmental adjudication in the Philippines, it is crucial to recognize the role these practical realities play. 1. Financial Costs of Adjudication In any legal system, filing and litigating a case takes an enormous amount of time and money. Philippine courts impose a filing and transcript fee, although these are waived for citizens suits. Reflecting on his experiences, famous environmental attorney Antonio Oposa suggested that these costs were the greatest inhibitions for most plaintiffs. 69 Furthermore, for injunctive remedies, plaintiffs must post a bond to cover the defendant’s potential damages, which may be too large for a poor plaintiff with livestock and property as his only assets. 70 Most Philippine lawyers do not use a contingency fee system, so plaintiffs must be able to pay for legal services up front and over the lengthy litigation process. 71 On top of this, there is the risk of financially crushing harassment suits from defendants, or Strategic Lawsuit Against Public Participation (SLAPP). Even the logistics of feeding and housing witnesses, and their lost time from work, poses significant problems for predominantly poorer plaintiffs. In the U. S. , NGOs often receive enough donations to allow them to engage in litigation and have staff lawyers. More importantly, plaintiffs’ attorneys often work on a contingency basis, allowing poorer plaintiffs to avoid large financial risk. Furthermore, NGOs and environmental groups seeking injunctive remedies are often required only to pay a nominal bond or may be exempted completely. 72 While some might worry this makes litigation in the U. S. too easy, it drastically improves poor people’s access to justice. Pursuant to the Constitution’s emphasis on the poor, the Supreme Court of the Philippines has taken some efforts to alleviate this problem. Poorer plaintiffs are exempted from paying docket, transcript, and other fees and are granted free legal counsel. Furthermore, the Court provides an annual grant to the Integrated Bar of the Philippines’ Free Legal Aid Program. 73 However, not all environmental plaintiffs qualify as poor, particularly NGOs, even though they often have limited financial resources. Furthermore, even though the amount of the bond is under the discretion of the judge, judges are reluctant to do this because they worry about being accused of abusing their discretion. 74 2. Harassment of Plaintiffs and Lawyers Because of the high stakes involved in environmental cases, defendants may go to extraordinary means to intimidate and harass plaintiffs and their lawyers. It is not uncommon for defendants to lodge harassment or SLAPP suits against environmental plaintiffs or DENR prosecutors to attempt to force them to drop their charges. 75 Enforcers who confiscate the equipment of criminals are often sued for robbery. 76 Some defendants take even more extreme means such as physical violence or even murder. 77 Such dangers were recently illustrated by the murder of environmental advocate Elpidio de la Victoria and death threats against attorney Oposa. 78 This makes lawyers unwilling to take on difficult environmental cases. To stifle SLAPP suits, the courts should promptly apply the anti-SLAPP provisions in the Philippine Clean Air and Ecological Solid Waste Management Acts when applicable. 79 This means dismissing any harassment suits as quickly as possible. However, plaintiffs relying on other laws have less protection. 80 Congress must expand the use of anti-SLAPP provisions to other environmental laws. Furthermore, law enforcement must vigorously prosecute any defendants who resort to violence. In short, to facilitate environmental cases, the court must protect the ones bringing the cases. 3. Technical Knowledge Among Judges and Attorneys Judges must decide questions of science as well as law in order to dispose of most environmental cases. This is particularly true for brown issues, which involve uncertain science regarding the exact effects of a pollutant. In the U. S. , scientific understanding of pollutants led to new classes of trespass and tort suits that held emitters liable for their actions. 81 However, both sides in a case will try to use any scientific uncertainty to their advantage, or even create scientific uncertainty even when it does not exist in order to confuse the court. Judges must understand what scientific evidence should be admitted and what is not valid. 82 Judges and lawyers need to understand the science well enough to determine which arguments are unfounded and which are plausible. Because general the courts have general jurisdiction and are not specialized in environmental issues, this problem will have to be addressed by providing judges and lawyers with supplemental training in environmental sciences and law. PHILJA and other organizations are already successfully doing this. 83 Eventually, however, this problem may be resolved through a change in the adjudication system. If the Philippines moves toward environmental courts or administrative adjudication84 (as is being considered), judges would be trained specifically to handle environmental cases. 4. Obtaining and Preserving Evidence For green issues, preserving evidence may be difficult. After an illegal logger or fisher is captured, DENR can confiscate the logs and fish. These goods rot or deteriorate over time. Proper procedure requires taking pictures of the logs and fish for admission into court. Specially trained fish examiners prepare reports on the cause of death of fish. When done correctly, this preserves the evidence for use at court. However, some areas may not have fish examiners on hand or the prosecution may not properly prepare the pictures for admissible evidence. It is not uncommon for custodians of the confiscated items to lose track of them over time. Because cases take so long in the court system, this can be a real problem. 85 It is also difficult for enforcement agents to find and confiscate the equipment and vehicles used in environmental crimes, as the boats and trucks perpetrators use are highly mobile. Despite the inconvenience it may cause defendants, such equipment must be held as evidence and to prevent further environmental damage. The accused, or unindicted conspirators, will often petition for the release of their equipment. 86 Unfortunately, sympathetic lower court judges may sometimes grant these requests, despite the contravening case law. 87 Moreover, prosecutors must have the vehicles stored in a safe area despite the lack of storage space. Finally, it is important for enforcers to determine the location of violators, particularly close to the boundaries of natural parks. Community enforcers may not be trained in determining the exact location of where they apprehended the violators. Wealthier units can use GPS, but often the location of apprehension is disputed. 88 Any doubt in this area can destroy the prosecution’s case. 5. Docket Congestion In many countries, including the Philippines, courts are overburdened with cases. Yet, the Philippines’ forests and animals are already disappearing quickly. Irreversible damage to ecosystems can occur much more quickly than the many years it may take the court system to resolve a case. As Prof. La Vina noted, the environment cannot wait for the court system. 89 According to Justice Nazario, the Philippines needs over 300 trial court judges to fill the vacancies and resolve pending cases. 90 Low pay discourages the few who are qualified. Many of these vacancies are in remote parts of the country, such as Nueva Ecija, Occidental Mindoro, and Surigao Norte, where much of the fishing and forestry violations occur. Furthermore, the Supreme Court is burdened by the large amount of cases granted review each year, including the automatic review for death penalty cases. 91 Given this burdensome congestion, environmental cases are not given any special treatment on their own merits. Criminal environmental cases may be somewhat more expedited because they involve criminal punishments, but most judges and lawyers show no urgency with regard to environmental cases. 92 The Supreme Court attempted to alleviate this problem with Administrative Order No. 150B-93, setting up special courts to handle illegal logging, but these remain underutilized. 93 Until cases can move through the court system more quickly, the enforcement of environmental law will be delayed. III. Conclusion This paper has highlighted important legal and practical issues preventing efficient adjudication of environmental cases in the Philippines. However, due to logistical and budgetary constraints, this paper focused mostly on case law from the Supreme Court and the personal experiences of lawyers. In order to fully understand environmental adjudication throughout the court system, further research should ideally analyze environmental cases from all Municipal and Regional Trial Courts, Courts of Appeal, and the Supreme Court. It is important to see how cases area actually treated, particularly with respect to the issues examined in this paper. Furthermore, there may be important regional variations, particularly between areas with more natural resources and more urban areas. Even before such a study is undertaken, the courts can apply several lessons from this paper in the near future. First, while the courts have already taken commendable steps to waive filing fees and other costs for paupers, as mentioned above the definition of pauper may be under inclusive by not including NGOs. The courts should consider other definitions to reflect the realities of environmental NGOs. 94 Second, the Supreme Court should instruct the courts to dismiss SLAPP suits expeditiously. While the natural resource laws may not have anti-SLAPP provisions, Congress clearly did not intend to encourage such suits and there is nothing legally preventing the courts from dismissing them faster. Finally, the courts can address standing for citizens and class action suits. In particular, it should set out a clear position on standing in environmental cases. Other challenges will require long-term planning for the courts. Reducing the docket congestion is critical to expedite justice, although doing this will likely take years and require more judges. Likewise, the ongoing effort to train judges and lawyers in environmental law and science must continue, particularly as new judges and lawyers enter the judicial system. The courts should also familiarize themselves with the legal mechanisms available to them, particularly in shifting the burden of proof. However, this will be most useful in pollution cases as they become more common in the future. Ultimately, the challenges described above will require multifaceted solutions from various stakeholders in the Philippine legal system. For example, Congress must work to improve standing and citizens suit provisions in other environmental laws. To reduce the financial risk of brining a suit, law firms could move toward a contingency fee system. Furthermore, it is the responsibility of DENR and environmental agencies to ensure that evidence is properly recorded and preserved. Finally, as the Philippine grows and wealth spreads, more plaintiffs will be able to undergo the financial costs of adjudication. Eventually, the best solution to these challenges may come not from within the courts but from a new adjudication system. The U. S. has worked successfully with administrative adjudication for environmental issues in the EPA and Department of Interior. Other countries have set up independent environment courts. Based on the results of further studies and the needs of the country, the Philippines may move to adopt one of these models. This would allow expert adjudicators to handle cases under rules that make sense for environmental issues. Finally, it is important for judges at all levels of the judicial system to understand the severity of environmental degradation in the Philippines. The only redress environmental plaintiffs or prosecutors may have is in their court. Thus, they should not be reluctant to grant standing or award large damages, when appropriate, because doing so will ensure that both humans and the environment have their proper day in court.

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REV. 309 (2003). Sackville, Ronald, Continuity and Judicial Creativity – Some observations 20 U. NEW SOUTH WALES L. J. 145 (1997). Samuelson, William and Richard Zeckhauser, Status quo Bias in Decision-making,1 J. RISK AND UNCERTAINTY 7 (1988). Sandberg, Joachim et al., The Heterogeneity of Socially Responsible Investment, 87 J. BUS. ETHICS 519 (2009). SANDS, PHILIPPE, PRINCIPLES OF INTERNATIONAL ENVIRONMENTAL LAW (2nd ed. 2003). SANTOS, F.D., K. FORBES, AND R. MOITA, EDS., CLIMATE CHANGE IN PORTUGAL: SCENARIOS, IMPACTS AND ADAPTION MEASURES (2002). Sarat, Austin, Vitality Amidst Fragmentation: On the Emergence of Postrealist Law and Society Scholarship, in THE BLACKWELL COMPANION TO LAW AND SOCIETY (Austin Sarat ed., 2004), blackwellreference.com/subscriber/tocnode?id=g9780631228967_chunk_g978063122896 73. SCALIA, ANTONIN AMY GUTMANN, A MATTER OF INTERPRETATION: FEDERAL COURTS AND THE LAW 133 (1997). Schueth, Steve, Socially Responsible Investing in the United States, 43 J. BUS. ETHICS 189 (2003). SCOTT-HUNT, SUSAN HILARY LIM EDS., FEMINIST PERSPECTIVES ON EQUITY TRUSTS (2001). Sealy, L.S., Fiduciary Relationships, CAMBRIDGE L.J. 69 [1962]. Selway QC, Bradley, The Principle Behind Common Law Judicial Review of Administrative Action – The search continues, 30 FED. L. REV. 217 (2002). Senior, Christine, Green is Good, PROFESSIONAL PENSIONS, 26 March 2009, Feature Article. Sethi, S.P., Investing in Socially Responsible Companies is a must for Public Pension Funds: Because there is no better alternative, 56 J. BUS. ETHICS 99 (2005). Shaw, Bill, et al., ‘Investment Prudence and Fiduciary Responsibility in Managing Defined benefit Pension Funds Under ERISA’, 22 SUFFOLK U. L. REV. 83 (1988). Sheen, Andrew, Walk the Line, GLOBAL PENSIONS, 26 November 2008. Silveira, Mary Pat Williams, International Legal Instruments and Sustainable Development: Principles, requirements, and restructuring 31 WILLAMETTE L. REV. 239 (1995). Simon, Herbert A., Bounded Rationality and Organizational Learning, 2 ORGANIZATION SCIENCE 124 (1991). Skypala, Pauline, Clear Investment Beliefs are Crucial, FIN. TIMES, 11 October 2009, at 6. Smith, Stephen, Joseph Swierzbinski, Assessing the Performance of the UK Emissions Trading Scheme 37 ENVTL. RESOURCE ECON. 131 (2007). Sparkes, Russell Christopher J. Cowton, The Maturing of Socially Responsible Investment: A Review of the Developing Link with Corporate Social Responsibility, 52 J. BUS. ETHICS 45 (2004). SPARKES, RUSSELL, SOCIALLY RESPONSIBLE INVESTMENT: A GLOBAL REVOLUTION (2002). Stern, Nicholas Joseph Stiglitz, Obama’s Chance to Lead the Green Recovery, FINANCIAL TIMES, March 2, 2009, Opinion (arguing that the financial crisis and climate change may have common solutions), ft.com/cms/s/0/7c51644a-075b-11de-9294–000077b07658.html. STERN, NICHOLAS, THE ECONOMICS OF CLIMATE CHANGE: THE STERN REVIEW (2006). 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WORLD ECONOMIC FORUM, WORLD ECONOMIC FORUM ANNUAL MEETING: THE POWER OF COLLABORATIVE INNOVATION 2008 (2008). CASE LAW: AUSTRALIA Anderson v Director-General of the Department of Environment and Conservation (2006) 144 LGERA 43. Bentley v BGP Properties Pty Ltd [2006] NSWLEC 34. BT Goldsmith Planning Services Pty Ltd v Blacktown City Council [2005] NSWLEC 210. Gray v Minister for Planning [2006] NSWLEC 720. Hospital Products Ltd v United States Surgical Corporation (1984) 156 CLR 41. Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24. Anvil Hill Project Watch Association Inc v Minister for the Environment Water Resources (2007) 243 ALR 784. Taralga Landscape Guardians Inc v Minister for Planning [2007] NSWLEC 59. Walker v Minister for Planning [2007] NSWLEC 741. CASE LAW: UNITED KINGDOM Barlett v Barclays Bank Trust Co Ltd [1980] Ch 515. Bartlett v Barclays Bank Trust Co Ltd [1980] Ch 515. Bristol West Building Society v Mothew [1998] Ch 1. Cowan v Scargill [1985] 1 Ch 270. Duke of Portland v Lady Topham (1864) 11 HL Cas 32. Harries v Church Commissioners for England [1992] 1 WLR 1241. Imperial Group Pension Trust Ltd v Imperial Tobacco Ltd [1991] 1 WLR 589. Keech v Sandford (1726) 25 ER 223. Learoyd v Whitely (1887) 12 AC 727. Martin v City of Edinburgh District Council [1988] SLT 329. Pickwell v Camden London Borough Council [1983] QB 962. Re Northcliffe [1925] Ch 651. Re Whiteley, Whiteley v Learoyd (1886) 33 ChD 347. Roberts v Hopwood [1925] AC 578. Speight v Gaunt (1883) 9 App Cas 1. CASE LAW: UNITED STATES Bd. of Tr. Employee Ret. Sys. City of Baltimore v City of Baltimore 317 Md. 72 (1989). Blankenship v Boyle, 329 F. Supp. 1089 (D.D.C. 1971). Board of Trustees v Mayor of Baltimore City 317 Md. 72, 562 A.2d 720 (1989). Burnet v Coronado Oil Gas Co., 285 U.S. 393, 52 S. Ct. 443, 76 L. Ed. 815 [1932]. Harvard College v Amory 26 Mass. (9 Pick.) (1830). King v Talbot 40 N.Y. 76 (1869). Meinhard v Salmon 164 N.E. 545 (N.Y. 1928) (US). Univ. of Oregon v Oregon Inv. Council 82 Or. App. 145 (1987), 728 P.2d 30. Withers v Teachers’ Ret. Sys. of City of N.Y., 447 F. Supp. 1248 (S.D.N.Y. 1978). CASE LAW: INTERNATIONAL OTHER Case concerning the Gabcikovo-Nagymaros Project (Hungary/Slovakia) 37 ILM (1998) 162 (ICJ). Jagannath v Union of India (1999) 2 S.C.C. 87 (India). Oposa v Factoran, 224 SCRA 792 (1993) (Philippines). Request for an Examination of the Situation in Accordance with Paragraph 63 of the Court’s Judgment of 20 December 1974 in the Nuclear Tests Case (N.Z. v Fr.) (1995) I.C.J. 288 (Sept. 22). W.P. no. 278 (1996) (Bangladesh). W.P. no. 300 (1995) (Bangladesh). LEGISLATION: AUSTRALIA CONSTITUTION OF AUSTRALIA. Environment Protection Act (1970) (VIC). Environmental Protection Act (1986) (Cth). Future Fund Act (2006) (Cth). Intergovernmental Agreement on the Environment (1992) (Cth). Land and Environment Court Act (1979) (NSW). Land and Environment Court Act (1979) (NSW). National Environment Protection Council Act (1994) (NT). National Environment Protection Council Act (1994) (QLD). National Environment Protection Council Act (1995) (SA). National Environmental Protection Council Act (1994) (Cth). Planning and Development Act (2007) (ACT). Protection of the Environment Administration Act (1991) (NSW). Water Act (2007) (Cth). LEGISLATION: UNITED KINGDOM Bubble Act (1719) (England). Combined Code on Corporate Governance (2003) (UK). Companies Act (2006) (UK). Judicature Acts (1873) (UK). Law of Property (Amendment Act) (1859) (England). Metropolis Management Act (1855) (UK). Occupational Pension Schemes (Investment) Regulations (2005) (UK). Pensions Act (1995) (UK). Trust Investment Act (1889) (England). Trustee Act (1925) (England Wales). Trustee Act (2000) (England Wales). Trustee Investment Act (1961) (England Wales). LEGISLATION: UNITED STATES Employee Retirement Income Security Act, 29 USC (1974) (US). RESTATEMENT (THIRD) OF TRUSTS (1992) (US). Uniform Prudent Investor Act (US). INTERNATIONAL AGREEMENTS Convention on Climate Change, 31 ILM 818 (1992). Rio Declaration on Environment and Development, 31 ILM 874 (1992) Previous Page   Ã‚  Legal and Institutional Reflections

Attention and Attending is the First Preacademic Skill

Attention and Attending is the First Preacademic Skill Attending is the first skill young children with disabilities need to learn. It may be especially challenging for young children with developmental delays or autism spectrum disorders. To learn, they have to sit still. To learn, they have to be able to attend to the teacher, listening and responding when asked. Attending is a learned behavior. Often parents teach it. They teach it when they expect their children to sit at the table during dinner. They teach it if they take their children to church and ask them to sit for all or part of a worship service. They teach it by reading out loud to their children. Research has shown that the most effective way to teach reading is called the lap method. Children sit in their parents laps and listen to them read, following their eyes and following the text as the pages are turned. Children with disabilities often have trouble attending. At age two or three they may not be able to sit for 10 or 15 minutes. They may be easily distracted, or, if they are on the autism spectrum, they may not understand what they should attend to. They lack joint attention, where typically developing infants follow their parents eyes to find out where they are looking. Before you can expect a toddler with disabilities to sit through a twenty minute circle time, you need to start with the basic skills. Sitting in One Place All children are socially motivated by one of three things: attention, desired objects or escape. Children are also motivated by preferred activities, sensory input, or food. These last three are primary reinforcers because they are intrinsically reinforcing. The others-attention, desired objects, or escapeare conditioned or secondary reinforcers since they are learned and connected with things that occur in typical academic settings. To teach small children to learn to sit, use individual instructional time to sit with the child with a preferred activity or reinforcer. It may be as simple as sitting for five minutes and having the child imitate what you do: Touch your nose. Good Job! Do this. Good job! Tangible rewards might be used on an irregular schedule: every 3 to 5 correct responses, give the child a skittle or a piece of fruit. After a while, the teachers praise will be enough to reinforce the behaviors you wanted. Building that reinforcement schedule, pairing your praise and preferred item, you will be able to start reinforcing the childs participation in a group. Sitting in Group Little Jose may sit for individual sessions but may wander during group: of course, an aide should return them to their seat. When Jose is successful at sitting during individual sessions, he needs to be rewarded for sitting for continuously longer periods. A token board is an effective way to reinforce good sitting: for every four tokens moved, Jose will earn a preferred activity or perhaps a preferred item. It might be most effective to actually take Jose to another part of the classroom after he has earned his tokens (for his 10 or 15 minutes of the group.) Teaching Groups to Attend There are several key ways to build whole group attention by the way in which group activities are conducted: Keep circle time short to start. Circle time should not be any longer than 15 minutes when you start but should grow to 30 after three or four months.Mix it up. Circle time should not just be quiet activities such as storybooks, but should include motion songs, dancing and motion games, and give different children opportunities to lead the group.Maximize participation: If you are putting the date on the calendar, have one child find the number, another child place the number and a third child count the number.Praise, praise, praise: Use praise not only to reward good behavior but also to teach it. I like how Jamie is sitting! I like that Brie has both of her feet on the floor. Naming the behavior is powerful: it shows everyone what the behavior looks like, at the same time.Be consistent: Its impossible to call on all children equally, though it might on occasion be helpful to have your supervisor or one of your classroom aides chart who you call on: you might be surprised at what you find. We observed a teacher and found she 1) called on the boys twice as often as the girls, but used questions to keep the boys on task. 2) Permitted the girls to interrupt: she would answer their questions when they blurted them out.   Be sure everyone gets a chance to participate. Name the behavior you notice, as well. John, I want you to come do the weather because you are sitting so nicely.

Summarization of Organization Essay Example | Topics and Well Written Essays - 2000 words

Summarization of Organization - Essay Example As the discussion outlines the physician’s office is an independently run office that also functions as a business organization in itself, and it must compete with other local physician’s offices. The organization is named after the physician, Dr. Brown, and is referred to as â€Å"Dr. Brown’s Medical Office.† The medical office, which focuses in dermatology, has provided a good organizational structure to assist adult learners and those working to gain knowledge of the field. Trainees, for instance, are always working under somebody, and they usually participate in several aspects of examinations and do other jobs around the office. The training is a very hands on experience. The office also continues to offer training courses and opportunities to learn one on one with the doctor as necessary, thus encouraging the learners. The business is attempting to improve its prospects by moving its skin care products online and thus reaching a larger target audienc e, since it had always been recognized as a local business. Therefore, an analysis of this organization and its interactions with its adult learners is necessary to understanding how the business could better focus on use of technology and the Internet to achieve goals. This paper highlights that Dr. Brown’s office has been in business for twenty-one years. They are a local business venture and provide many services. Since the dermatology services offered at this office are not always covered by health insurance, the company must do what they can to keep prices low and attract customers. A variety of local advertising is used in local newspapers and pamphlets. The advertising focuses on the services offered, and the fact that the services here are usually better priced than services at other local offices. The company has been successful, even regardless of the recent recession. It has been able to retain its customers by offering price slashes and returning customer discounts.

Israel and the Palestinians (SLP) Module 4 Essay

Israel and the Palestinians (SLP) Module 4 - Essay Example This continued immigration raised the alarm and eventually, fighting between the Zionists and indigenous people broke out create intense waves of violence. Within the Mideast Europe, Hitler’s rise to power led to increased immigration of Jews to Palestine thus escalating the situation. After the WWII, the UN decided to intervene on the matter in 1947 resolving that Israel and Palestine relations could only be solved by a third party. However, the resolution led to the allocation of more than 55% of Palestine land under the Israelis. Analytically, the allocation of this land was an instigation of more conflicts as more than 30% of Palestine people were forced to live within 7% area of the Palestine land (MidEastWeb for Coexistence, 2008). There are various issues that face the resolution between Israel and Palestine. For instance, the Palestine lands, such as Gaza Strip and West Bank, that have been confiscated by Israel forces have endured humanitarian crisis such as the torture and abuse of women, men, and children. About 10,000 Palestine men, women, and children are held in Israel prison with most of these awaiting no trials. In addition, there has been heavy border control by Israel military, which has prevented medical and food supplies from entering Palestine. With most Palestine citizens comprising of Muslims, their original homeland has been taken over by Israelis and are unable to return to their self-described land (If Americans Knew, 2014). With reference to the escalating situation, there has been a crisis of negotiating a resolution as various factors are involved. Firstly, as a recommendation, an independent party should oversee the peace talks as nations such as the USA are affiliates to Israel and make part of the UN. Secondly, diplomatic misconduct portrayed by Israel should be met with sanctions such as those applied to Russia for acquiring Crimea from