Bill Become A Law Essays - Statutory Law, Bill, Veto, Reading

Bill Become A Law Rewrite #1 As a bill is on the highway to become law, there are two great obstacles that stand in the way of this process. The first hurdle being the power of many top committee chairs to delay voting and even ?pigeon hole? bills. The second hurdle is for the president to sign the bill. These are the two main hurdles that stand in the way of a bill becoming a law. After a bill has reached a committee, the main obstacle that stands in the way is the committee chair. The chair has the power and authority to ?pigeon hole? a bill or simply put it aside and delay the opportunities for debate on the bill. This allows for the opposition to not have to deal with the bill for a sustained amount of time. For instance since most bill die in committee, one of the focuses for a bill that is likely not to be passed is so the supporters can get publicity and can say they ?acted on? or ?did something? for the bill and its purpose(s). While in the committee, the chair is the figure with the most control and ability. If he/she opposes a bill, then the likelihood of its passing becomes less and less. This is a major obstacle because of its supreme role in the whole process, and as a result many of the bills introduced into committees, never make it out. The second major obstacle is the signing of the bill by the president. The president usually acts in the manner most favorable to his party, so it is that party that recieves the benefit of his holding office. However the president also acts in the manner most favorable to the nation, so he has the ability to control many bills. For instance many bills that that embody a clear, appealing idea (?stop drugs, ?help old folks?), usually make out quite well by the time it makes it to the presidency. But those bills that have been passed by a party that is opposite the president may often be vetoed. Thus causing a momentary stop in the entire process in becoming law. The presidency is an extremely unique and important step in the process, because he has the final say on the bill?until it may go back for the 2/3's override. These two obstacles are quite different, one is at the very forefront of the whole process while the other is at the possible end?yet these two areas do share a common bond. That is they both are hurdles in the act of a bill becoming a law.

In the 1990s the personal computer revolution turn Essays

In the 1990s the personal computer revolution turn Essays Tv In the 1990s the personal computer revolution turned into the social computer revolution. The thrill of having sophisticated computer power on your desktop turned out to be just the beginning, once your machine could connect to everyone else's via telephone lines. There is a global computer the size of humanity taking shape. Now that everybody can publish their own interests to a world audience on the Net, we learn irreversibly that the world is far stranger and more interesting that we would ever guess from magazines, books and broadcast media. Our sense of the world is altered and, oddly enough, in an optimistic direction. Two simple-seeming devices search engines and links have made search-space on the Internet more exciting than outer space. It is more current and diverse than any encyclopedia, and it's inhabited with real people. However remote-seeming your query with a search service like Alta Vista, within minutes you find yourself on the home page of someone who has made that subject their life's obsession. What he or she has to say raises questions you would never have thought to ask. And they provide links to even more astounding sources. Web surfers experience a giddy sensation of boundless variety and boundless possibility. How the world talks to itself is permanently changed. In the jargon, it has shifted from one-to-one (telephone) and one-to-many (broadcast) to many-to-many (the Net). Power is taken from the editors and distributors in huge over-cautious corporations and handed to no-longer-passive, radical everyone. Individuals on the Net initiate and control content to suit themselves and those they can interest. (This makes governments nervous.) The Net is an antidote to broadcast news. The news tells you about a shocking earthquake and you're depressed. The Net gives you the people who are helping the earthquake victims and provides firsthand reports: I was out in the garden when it hit, and I noticed that suddenly the ground was covered with earthworms. Some have described most activity on the Net as merely vanity publishing or advertising. Those are left-over broadcast terms whose meaning is changed in the Net environment. Grass-roots advertising is what assembles new communities of interest and whole new ecologies of knowledge. If we had any idea how wildly interesting vanity publishing could be when it is cheap and plentiful, we would never have condemned it.

Architectural Science in the UK Assignment Example | Topics and Well Written Essays - 2500 words

Architectural Science in the UK - Assignment Example This requires effective consideration of particular features of the dwelling in order to enhance the use of green energy thereby containing the runaway pollution experienced in particular parts of the world as the discussion below portrays. Designing and developing a dwelling requires effective utilization of space, which is often the most important feature. Consumers continually demand larger homes spaces beside several other features that make homes habitable (Evers & Koln, 2006). This thus influences the selection of a construction location often considering the elements of nature. The selection of a construction site must minimize conflicts between humans and other animals occupying the ecosystem. Peaceful coexistence between humans and other wild animals is essential in the construction of sustainable dwelling since such help minimize any conflicts that may arise. Cases of insect bites in different parts of the world such as Australia typify the nature of the conflicts. In such cases, the humans spend millions of pounds in seeking medication for the different bites with the country reporting a high number of deaths arising from insect bites. The topography of the location is a major factor that architectures consider when designing a dwelling. Such factors as the stability of the structure rely on the nature of the topography of the land thereby validating the consideration. Effective utilization of space dictates that a dwelling must permit easy access to the housing units. The housing units must safeguard the safety features that arise from the placement of rooms among other aspects of the house thereby enhancing the accommodation of families of varying sizes. The manipulation of the space contributes to the sustainability of a dwelling beside contributing to the safety of the structure.  

The Chinese Store Giordano Case Study Essay Example | Topics and Well Written Essays - 2000 words

The Chinese Store Giordano Case Study - Essay Example In 1985, Giordano opened its first retail shop in Singapore. It was the beginning for expansion for Giordano. In 1987, the competitive market forced Lai to redefine its corporate strategy and introduce unisex casuals that were attractive and affordable for men, women and children. It was highly innovative and firm used unit sales of value-for-money merchandize as against profit margin to maximize its revenue. The strategy was a huge success helped it to maintain its competitive advantage within the market. Giordano’s expansion also resulted in differentiating its product line into well defined categories and specialized outlets that catered to more trendy casuals and semi formals for men, women and children through its brands like Giordano, Giordano Ladies, Giordano Junior and Blue Star Exchange. Giordano’s corporate strategy is aligned with its corporate vision. It relies on exceptional customer service, quality, knowledge, innovation and simplicity. It judiciously app lies FSA (feasibility, sustainability and acceptability) tools on its strategic options to optimize its productive outcome. It meets the needs of the customers by implementing the desired changes within its operations and production. Its sales team is highly skilled and equipped with socio-psychological tools to deliver exemplary service to its customers. Performance is evaluated not only by the firm’s supervisor and auditors but also by the customers. It believed in limited variety within its core items so it can maintain quality. Knowledge management was critical aspect of its operational success. Giordano continuously strives to learn from its past errors and uses technology extensively to improve and improvise its processes vis-a-vis inventory management, supply chain, analyzing changing trend in customers’ preferences etc. With low inventory and effective supply chain, it is able to provide customers with the latest trend fashion wear. At the same time, using cent ralized distribution system, low store inventory also enables it to exploit store space innovatively that attracts customers. The real time production, based on current sales greatly facilitates in meeting the changing demands of the customers. Moreover, the short cycle of its products save expenses of dead inventory or slow moving inventory, thus making its operations cost effective. Answer 2 According to Kotler and Keller (2012), position is critical element of market that helps create an image that is preferred by customer. The major aim is to ensure that the consumer identifies with the brand when product or service is required. As such, repositioning becomes highly desirable strategy for firms that deal in consumer goods and constantly need to meet the challenges of changing customers’ requirements. Repositioning strategy provides the businesses with great leverage to introduce new products or add value to existing processes or products to meet fast changing dynamics of the markets. In 1987, it had to reposition its strategy of exclusive men’s casuals with unisex clothing to target women’s segment also. With the changing external environment, firms need to adapt new strategies to compete and maintain their niche market position (Kotler et al., 2010). While Giordano’s core competency has always been its customer service, its value-for-money was hugely successful strategic option. In the highly competitive environment of global business, especially when Giordano needs to expand beyond its traditional market of

What is news and which are the influences exercised on the daily news Essay

What is news and which are the influences exercised on the daily news production processes Discuss critically the pressures put upon news gathering, selection - Essay Example What exactly is news? What is it about news that makes it an integral part of us? What is there in the words we hear and read that make us feel equal with almost every great leader and genius out there? Learning something from the news we hear and having the ability to discuss it with anyone make us feel as if we have become an important part of the world. And we are. This is the reason why we feel connected with almost every person, regardless of the color of our skin and the language of our tongue. With the ever-growing presence of technologies developed each day, there’s no reason for us to feel alone whenever something happens to us, may it be victory or tragedy, because we know that some people from the next town or halfway around the world share our feelings. A good story answers those questions above and contains all the elements therein to create and report complete and accurate news. And while there’s good news, there’s also the bad news, those that were badly written and reported. No reporter, writer, editor, and publisher can escape the production of bad news but there are always ways to avoid mistakes and errors. There is a big definition of news out there that we can’t simply put them all in one complete line. In defining news, we have to consider the presence of all the elements in it that makes news. Otherwise, we could end up having something new and uncommon but doesn’t really make us care about it. It was like eating an unusual type of fruit for the very first time but the moment we try to make something big out of it, we realized nobody even bothered to care. That is not news at all. There are a number of elements to remember before we start writing about a person, an event, or a place. According to Parks (2006), these will serve as the guiding values when we write and present news stories. Anything that happened yesterday, this morning, or an hour ago tends to attract more

Examining Strategic Environmental Assessment Environmental Sciences Essay

Examining Strategic Environmental Assessment Environmental Sciences Essay Environment is defined as the set of physical, chemical and biological systems and their relationships with economic, social and cultural factors with direct or indirect, gradual or immediate effect on living beings and human ´s quality of life. Environmental Pollution is the introduction of contaminants into the environment that cause harm or discomfort to humans or other living organisms, or that damage the environment which can come in the form of chemical substances, or energy such as noise, heat or light. Pollutants can be naturally occurring substances or energies, but are considered contaminants when in excess of natural levels. Environmental pollution is a problem both in developed and developing countries. Factors such as population growth, industrialization, and urbanization invariably place greater demands on the planet and stretch the use of maximum natural resources. All sectors of our society generate waste: industry, agriculture, mining, transportation, and construction. Among those sources, industry is the primary target of all waste generators because of its quantity and toxicity. Industries release the largest amount of highly toxic waste and we must focus on industrial pollution through pollution prevention programme and projects, need to be closely linked with policy -making process. The very first worldwide environmental concern was initiated at the World Conference on Human and Environment sponsored by the United Nations in Stockholm in 1972. The most visible result of conference was the creation of the United Nations Environment Program (UNEP) for promoting environmental enhancement program around the world. Global economy has reinforced the geographic separation among resource extraction, production and consumption. Hence, those who reap the economic benefits of using natural resources often do not bear the environmental cost. The United Nations Conference on Environment and Development held in Rio de Janerio in June, 1992, focused on these issues. This new awareness led to an international agenda for sustainable development and various non-binding agreements. In fact, we need a balance between technological innovation and environmental enhancement, as well as a balance between economic development and environmental preservation. Agenda 21 is a blueprint for sustainable development into the 21st Century. Its basis was agreed during the Earth Summit at Rio in 1992. Six key mechanisms were visualized in Agenda 21 for improved environmental management in the industrial sector: Incorporating environmental considerations in industrial development through proper siting policies and mandatory environmental impact assessments. Increasing efficiency in the production and use of materials, resources and energy. Improving existing pollution abatement technologies and developing new clean technologies, products and processes. Developing and implementing emission and effluent controls and standards. Ratifying multilateral environment agreements (MEA) such as the Montreal Protocol and the Basel Convention on the Transboundary Movement of Hazardous Wastes and their Disposal. Corporate environmental responsibility: The role of business in improving the efficiency of resource use, reducing risks and hazards, minimizing wastes and safeguarding the environment. Environmental problems are also becoming serious in India because of the interacting effects of increasing population density, industrialization and urbanization, and poor environmental management practices. Although environmental protection has always been a part and parcel of Indian Culture as evidenced by the stipulated responsibilities of the State as well as Citizens for the nature and living being in the Constitution of India under Article 48A and 5 1A (g). India is giving highest priority to this subject in its national planning. Environmental management is not, as the phrase could suggest the management of the environment as such, but rather the management of interaction by the modern human societies with, and impact upon the environment. Environmental management is a mixture of science, policy, and socioeconomic applications. It focuses on the solution of the practical problems that humans encounter in cohabitation with nature, exploitation of resources, and production of waste. Environmental laws and policies are based on the realization that the physical surroundings mark the dire necessities of mankind. Over the last few decades, the developing countries have established impressive arrays of policies, legislation and institutions for environmental protection and pollution control. Laws for Environmental Management in India The relevant laws relating to environmental management in India are listed below: The Water (Prevention and Control of Pollution) Act, 1974. The Water (Prevention and Control of Pollution) Cess Act, 1977. The Air (Prevention and Control of Pollution) Act, 1981. The Environment (Protection) Act, 1986. The Hazardous Wastes (Management and Handling) Rules, 1989 as amended in 2000. The Manufacture, Storage and Import or Hazardous Chemical Rules, 1989 amended in 2000. The Public Liability Insurance Act, 1991. The Environment Impact Assessment Notification, 1994 as amended on May 14, 1994 and April 10, 1997. The National Environment Tribunal Act, 1995. The Chemical Accident (Emergency Planning, Preparedness and Response) Rules 1996. The Biomedical Waste (Management and Handling) Rules, 1998. The Recycled Plastics Manufacture and Usage Rules, 1999. The Fly Ash Notification, 1999. The Municipal Solid Wastes (Management and Handling) Rules, 2000. The Batteries (Management and handling) Rules, 2001. The role of environmental law is basically to shield and shelter the resources and preserve the environment. The government has taken initiative, time and again, to look into the environmental matters. Even though, over the past few years, the need to curb the environmental crises has been realized, yet there has not been any concrete step towards it. In this situation it becomes imperative that the people become aware of the environmental issues and know their rights and liabilities relating to the environment. As with all management functions, effective management tools, standards and systems are also required. A large number of tools for assessing environmental impacts are available. Examples include Environmental Impact Assessment (EIA), System of Economic and Environmental Accounting (SEEA), Environmental Auditing (EA), Life-Cycle Assessment (LCA) and Material Flow Analysis (MFA) and Strategic Environmental Assessment (SEA). Strategic Environmental Assessment (SEA), a newly-developed decision-making support tool, has been used in many developed and developing countries for predicting and evaluating potential environmental impact of policies, plans, and programs (PPPs), as well as for providing alternatives to avoid, mitigate, or compensate for these impacts. The concept of Strategic Environmental Assessments originated from regional development / land use planning in the developed world. In 1981, the U.S. Housing and Urban Development Department published the Area-wide Impact Assessment Guidebook. In Europe ,the Convention on Environmental Impact Assessment in a Transboundary Context, the so called Espoo Convention, laid the foundations for the introduction of SEA in 1991. The general objectives of SEA are : 1. Contribute to an environmental and sustainable decision-making process 2. Improve policy, plan and programme quality 3. Strengthen and facilitate projects EIA 4. Foster new means of making decisions. Over the last 15 years, Strategic Environmental Assessment (SEA) has become an important policy instrument for national governments, particularly in Europe. The integration of environmental concerns into strategic decision making and policy making has been widely recognized as an essential feature for moving towards more sustainable development in all policy sectors. SEA is a procedural tool with the purpose of integrating environmental aspects in a structured manner into decision making processes. So, the increasing awareness of environmental impact assessment community has recently led to an intensifying debate on the theoretical foundations and the appropriate practical use of SEA. SEA is a framework within which a range of different analytical tools and methods can be applied. Assessment methods can be evaluated from different perspectives depending on the role, purpose and mechanism of assessment. The capability and international experience of the SEA approach makes it a benefit to the industrial sector in developing countries such as India. Three main, interrelated avenues for further development of SEA are Environmental Focus Strengthening existing SEA arrangements and approaches as mechanism for Environmental Sustainability Assessment and assurance Sustainability focus Utilizing SEA as a component or means of integrated assessment of the effects of Policy and Planning proposals in relation to the environmental , social and economic objectives of sustainable development. Convergence Focus Promoting the convergence of SEA within integrated assessment and planning systems for sustainable development. Some common threads run through all the three lines of approach, notably environmental integration, although the relative emphasis shifts in moving from the existing SEA approach to sustainability appraisal or integrated assessment and planning. These routes can be seen as sequential, progressive steps, securing one base before progressing to the next; and the process will take time. In India, the term SEA is not used in official parlance and, therefore, its use is not strictly governed by its many global definitions. Nevertheless, existing institutional mechanisms and EIA process at the country level provide elements of SEA that are being harnessed by decision makers and are increasingly popularizing SEA both as a concept and diagnostic tool for the review of environmental impacts including ecological, economic and social concerns that are integrated in decision making for economic development plans. Strategic environmental assessment (SEA) is gaining widespread recognition as a tool for integrating environmental considerations in policy, plan, and program development and decision-making. Notwithstanding the potential of SEA to improve higher-order decision processes, there has been very little attention given to integrating SEA with industry planning practices. As a result, the benefits of SEA have yet to be fully realized among industrial proponents. In this work an attempt has been made to look into the application of strategic environmental assessment for industries with the help of case studying and it is seen that SEA is an effective management tool to control industrial pollution not only for developed countries but also for developing countries. If SEA is to meet its potential, as a valuable business tool in addition to its policy role, then SEA must become relevant and responsive to the environmental governance of industry. This requires that SEA should form an integral part of industry planning and decision-making. Organization of dissertation In chapter -1, the introduction of strategic environmental assessment and its application in industry is discussed and organization of dissertation is given. In chapter -2, genesis of strategic environmental assessment is given and its benefits and performance _________________are included. In chapter- 3, a literature review of historical development and Status of SEA in developed and developing countries is presented and its relevance in Indian context is discussed. In chapter-4, the process and methodology of SEA is covered and steps in SEA process, environmental objectives and SEA framework and method are described. In chapter 5, case studies on power industry and auto industry in Shandog Province of China are taken up and various types of problems encountered in SEA are discussed. In chapter -6, results and discussions are included and recommendations for improving SEA system are given. In chapter -7, the conclusion of the study is given and the importance of SEA in future is highlighted. 2.0 SEA: Genesis Strategic Environmental Assessment (SEA) is an impact assessment tool that is strategic in nature and has the objective of facilitating environmental integration and the assessment of the opportunities and risks of strategic actions in a sustainable development framework. The strategic action is strongly linked to the formulation of policies, and they are developed in a context of planning and programming procedures. The strategic environmental assessment (SEA) is the term used to describe the environmental assessment process for policies, plans, and programmes (PPPs). Moreover, individual projects have not only economic but also environmental, social, and political impacts that can be acceptable when considering an isolated project, but unacceptable when taking into account both the direct and indirect effects of projects, policies, and programmes acting in synergy. SEA provides the framework for the articulation of individual projects in a way that is coherent and respectful with the environmental, social, political, and economic conditions. SEA contributes to a better planning and monitoring process and is a potential tool for decision making, as its more integrated assessment procedures improve the coordination between different impact assessments. SEAs should enable foresight and assist policy makers to design projects that maximize environmental, functional, economical, social, and politica l goals. Objectives of SEA The objectives of strategic environmental assessment are to : Contribute to an environmental and sustainable decision-making process. Improve policy, plan and programme quality. Strengthen and facilitate projects EIA. Foster new means of making decisions. Benefits of SEA The immediate benefits of SEA application can be found in information that assists sound decision-making and in the consequent gains achieved in environmental protection and sustainable development. There are secondary benefits of SEA also as it Provides for a high level of environmental protection. Improves the quality of plan and programme making. Increases the efficiency of decision-making. Facilitates the identification of new opportunities for development. Helps to prevent costly mistakes. Strengthens governance. Facilitates transboundary cooperation. 2.3 SEA in the decision-making hierarchy SEA is recognised as an important decision support tool for integrating environmental considerations along with social and economic considerations into proposed policies, plans and programmes (PPPs). There is a hierarchy of levels in decision making comprising projects, programmes, plans and policies. Figure 2.1 SEA : Up-streaming environmental considerations into the decision- making Hierarchy, (Source OECD, 2006) Logically, policies shape the subsequent plans, programmes and projects that put those policies into practice. Policies are at the top of the decision-making hierarchy. As one moves down the hierarchy from policies to projects, the nature of decision-making changes, as does the nature of environmental assessment needed. Policy-level assessment tends to deal with more flexible proposals and a wider range of scenarios. Project-level assessment usually has well defined and prescribed specifications. Policies, plans and programmes (PPPs) are more strategic as they determine the general direction or approach to be followed towards broad goals. SEA is applied to these more strategic levels. Environmental Impact Assessment (EIA) is used on projects that put PPPs into tangible effect. 2.4 SEA and Sustainable Development Truly speaking, Sustainable development is meets the demands of today without destroying the possibilities for the future generations to satisfy their needs. Sustainable development is now a generally accepted vision for any sort of development, but there is a concern over how to achieve such a process. The concept of SEA can contribute to the sustainable development process. Over the last 10 years, SEA has become widely recognized by governments and development stakeholders worldwide as a valuable component of the sustainable development process. SEA, involving the environmental assessment of proposed and existing PPPs and their alternatives, is gaining widespread recognition as a supporting tool for decision making towards achieving sustainable development. The contribution of SEA towards sustainability stems from several points: SEA ensures the consideration of environmental issues from the beginning of the decision-making process. Provides a framework for the chain of actions Contributes to integrated policy making, planning, and programming Can detect potential environmental impacts at an early stage, even before the projects are designed. 2.5 Basic principles of SEA To be influential and help improve policy-making, planning and decision-taking, an SEA should: Establish clear goals. Be integrated with existing policy and planning structures. Be flexible, iterative and customised to context. Analyse the potential effects and risks of the proposed PPP, and its alternatives, against a framework of sustainability objectives, principles and criteria. Provide explicit justification for the selection of preferred options and for the acceptance of significant trade-offs. Identify environmental and other opportunities and constraints. Address the linkages and trade-offs between environmental, social and economic considerations. Involve key stakeholders and encourage public involvement. Include an effective, preferably independent, quality assurance system. Be transparent throughout the process, and communicate the results. Be cost-effective. Encourage formal reviews of the SEA process after completion, and monitor PPP outputs. Build capacity for both undertaking and using SEA. 2.6 EIA and SEA Environmental Impact Assessment (EIA) is a tool used to identify the environmental, social and economic impacts of a project prior to decision-making. It aims to predict environmental impacts at an early stage in project planning and design, find ways and means to reduce adverse impacts, shape projects to suit the local environment and present the predictions and options to decision-makers. EIA is now practiced in more than 100 countries worldwide. Today, EIA is firmly established in the planning process in many of these countries. In 1989, the World Bank ruled that EIA should normally be undertaken for major projects by the borrower country under the Banks supervision. The United Nations Environment Programme (UNEP) also made recommendations to member states regarding the establishment of EIA procedures and established goals and principles for EIA. Despite the existence of good EIA guidelines and legislation, environmental degradation continues to be a major concern in developing countries. In many cases, EIA has not been effective due to legislation, organizational capacity, training, environmental information, participation, diffusion of experience, donor policy and political will. EIAs have not been able to provide environmental sustainability assurance (ESA). This failure and the inherent limitations of EIA lead to the consideration of strategic environmental assessment (SEA). It is the proactive assessment of alternatives to proposed or existing PPPs, in the context of a broader vision, set of goals or objectives to assess the likely outcomes of various means to select the best alternative(s) to reach desired ends. 2.7 The fundamental differences between SEA and EIA SEA and EIA are the tools that share a common root impact assessment, but have different assessment foci: strategies for future development with a high level of uncertainty in SEA; proposals and measures, concrete and objective, for the execution of projects in EIA. This difference between SEA and EIA in the object of assessment generates different methodological requirements related to the scale of assessment and to the decision-making process. In table 2.1, some fundamental differences between SEA and EIA are presented which help to corroborate the different methodological approaches that SEA and EIA must have. Table 2.1: Fundamental differences between SEA and EIA Some fundamental differences between SEA and EIA SEA EIA The perspective is strategic and long-term. The perspective is of execution in the short and medium-term. The process is cyclical and continuous. The process is discrete, motivated by concrete Intervention proposals. The purpose is to help build a desirable future; it is not to attempt to know the future. The intervention project has to be known with the suitable level of detail. The definition of what is intended is vague, there is a large amount of uncertainty and the data are always quite insufficient. The definition of what intends to be done is relatively precise and data are reasonably available or can be collected through field Work. Follow-up in SEA is performed through the preparation and development of policies, plans, programmes and Projects. Follow-up in EIA is performed through the construction and implementation of the project. The strategy may never be put into practice given that the actions established in plans and programmes may never be implemented. Projects requiring an EIA are executed, once their environmental feasibility is guaranteed. Figure 2.2 (a) represents the behaviour of an SEA methodology that follows a traditional EIA-based model. The objective is to assess the solutions proposed by a plan or programme and their effects. The solutions proposed in a plan or programme are taken as outcomes, not as means to achieve objectives, and SEA is going to assess the impact of these outcomes on a set of environmental factors. This approach has very limited or even zero capacity to influence the major strategic options. (b) Figure 2.2: (a) EIA-based methodology, (b) Strategic-based methodology (Source -Partidà ¡rio, 2007) Figure 2.2 (b) represents the behaviour of an SEA methodology that follows a strategic-based model the objective is to assess the proposed strategies during a planning and programming process in relation to the manner in which these strategies seek to respond to strategic problems and objectives. In this case, the aim of SEA is to analyse and discuss strategic alternative options that provide a response to the same strategic problems and objectives in an environmentally more integrated and sustainable context. The analysis is centred on how the plan or programme seeks to resolve the development objectives or the problems in an environmental and sustainable way, and not to assess the actions proposed as solutions or outcomes in the plan or programme. This approach increases the opportunity of SEA to facilitate the integration of environmental and sustainability issues in these strategic processes. 2.8 The Evolving Paradigm-from EIA to SEA The stages from EIA to SEA are given in Table 2.8 Table 2.2: Stages from EIA to SEA Paradigm / stage Key characteristics 1st Generation-Project EIA. Includes social, health and other impacts, cumulative effects and biodiversity. 2nd Generation-SEA. Applies to PPPs and legislation. 3rd Generation-towards environmental sustainability assurance (ESA). Use of EIA and SEA to safeguard critical resource and ecological functions and offset residual damage; plus environmental accounting and auditing of natural capital loss and change. Next generation-towards sustainability appraisal (SA). Integrated or full cost assessment of the economic, environmental and social impacts of proposals. 2.9 Strategic Environmental Assessment Performance Criteria A good-quality Strategic Environmental Assessment (SEA) process informs planners, decision makers and affected public on the sustainability of strategic decisions, facilitates the search for the best alternative and ensures a democratic decision making process. This enhances the credibility of decisions and leads to more cost- and time-effective EA at the project level. For this purpose, a good-quality SEA process: Is integrated Ensures an appropriate environmental assessment of all strategic decisions relevant for the achievement of sustainable development Addresses the interrelationships of biophysical, social and economic aspects. Is tiered to policies in relevant sectors and (transboundary) regions and, where appropriate, to project EIA and decision making. Is sustainability-led Facilitates identification of development options and alternative proposals that are more sustainable. Is focused Provides sufficient, reliable and usable information for development planning and decision making. Concentrates on key issues of sustainable development. Is customized to the characteristics of the decision making process. Is cost- and time-effective. Is accountable Is the responsibility of the leading agencies for the strategic decision to be taken. Is carried out with professionalism, rigor, fairness, impartiality and balance. Is subject to independent checks and verification Documents and justifies how sustainability issues were taken into account in decision making. Is participative Informs and involves interested and affected public and government bodies throughout the decision making process. Explicitly addresses their inputs and concerns in documentation and decision making. Has clear, easily-understood information requirements and ensures sufficient access to all relevant information. Is iterative Ensures availability of the assessment results early enough to influence the decision making process and inspire future planning. Provides sufficient information on the actual impacts of implementing a strategic decision, to judge whether this decision should be amended and to provide a basis for future decisions. 2.10 SEA as a PPP (policies, programmes and plans) formulation tool SEA methodology should emphasize the role of SEA as a PPP formulation tool. It is at the stage of PPP formulation, rather than of appraisal of an already formulated PPP (for instance, green paper stage, review, public consultation) that SEA can be most effective. PPPs go through a complex process of evolution during their development, and SEA has a significant role to play in this, as shown in Fig. 2.3 Figure 2.3: Role of SEA in PPP formulation (Source Therivel, 2000) SEA should start early in PPP formulation and be integrated, preferably as an active intervention in the PPP design process Fig. 2.3 shows SEA as a design tool and not as a document. The preparation of a report is probably the least important part of the SEA. It should be regarded only as documentation of the processes used, and available, where necessary for later review. The real value in SEA is as a creative tool in the cycle of PPP formulation and reformulation. Bailey and Renton (1997) report, from their study of government agencies in Australia, à ¢Ã¢â€š ¬Ã‚ ¦ the majority of responding agencies view policy formulation as the most appropriate point in the decision-making process for the consideration of environmental effects à ¢Ã¢â€š ¬Ã‚ ¦ This value is derived from the involvement of environmental professionals in PPP formulation and increased environmental awareness amongst decision- makers, which leads to PPP modification where necessary to respond to environmental/ sustainability objectives. SEA also requires that the decision maker be an active participant in the SEA process. Relegation of th e conduct of the SEA to consultants external to the PPP formulation process is unlikely to have the same effect on the outcome as extensive involvement by the proponent who holds the key to PPP modification and the early involvement of the decision-makers themselves. 2.11 Three lines of argumentation and Development of SEA In spite of almost two decades of experience, Strategic Environmental Assessments (SEA) foundations remain unclear to the point that the case for needing an instrument called SEA could be questioned. The aim is to ask what problems SEA was meant to solve, and what needs it was meant to address, by reflecting on the strengths and weaknesses of SEA thinking to date. This critical reflection on the foundations of SEA has helped identify the strengths and weaknesses of arguments relating to the concept and approach to SEA. The three lines of argumentation supporting the development of SEA are summarized in table 2.3 Table 2.3 Three lines of argumentation supporting the development of SEA First line of argumentation On strategic The strategic dimension of SEA originally linked to the paucity of environmental type assessments of policies, plans and programmes (PPPs). Second line of argumentation On procedures, methods and tools The framing of SEAs methodological dimension in response to perceived limitations in EIA practice, and the growing emphasis on process versus technique Third line of argumentation On purpose The purpose of SEA and the increased reference to the contribution to sustainable development (Source -Bina Olivia, 2007) The main factors influencing the early development of these lines of argumentation, and their evolution over the last 15 years are highlighted in below Fig. 2.4 Figure 2.4 : Changing concept of SEA First line of argumentation The first line of argumentation has been a decisive influence in slowing the evolution of SEA in response to identified problems with EIA, by claiming that its strategic dimension was the result of the strategic nature of the planning decisions it was assessing, and by oversimplifying the nature of PPPs and of tiering. This has meant that the development of the strategic dimension of SEA, in terms of its role, procedures, methods and tools, was delayed until the late 1990s. Second line of argumentation Second line of argumentation initially focused on technical and procedural problems (symptoms) related to EIA practice. It was not until the late 1990s that the SEA community began to address the caus

Use of Generalist Fair Use Defence in Australian Intellectual Property

  Ã‚  Ã‚  The objective of the Copyright Act 1968 (Cth) is to protect those who create works, such as artistic works or literary works, as well as those other subject matter, such as films or sounds recordings, from those who would serve to exploit or profit from their labor, skill and creativity. But, what about those who use these protected works and other subject matter for interests different to the above? Such as for educational purposes or for broadcasting? Under the act, there are listed many defences to protect an individual or a corporation from infringement of copyright, or in other words, directly or indirectly, infringing those exclusive rights that the copyright owner possess, also listed under the act . These defences operate in areas such as fair dealing, educational uses, artistic works, performances, communication and broadcasting, computer programs, importing, copying by libraries and archives and judicial proceedings and statutes . Although the current act does p rovide protection, in the form of legislated, or statutory defences, it could be argued that a fair use defence, as is currently being used in the United States of America via their equivalent of the Copyright act , may be a more simple approach to this issue. The current legislation in some areas is specific, and in others, hard to understand. A generalist fair use defence may simplify the current legislation and also create less confusion for the individual and the Court system. But, there is always the risk by introducing such a measure, it may create loopholes, and at this current point in time, the Australian Court system is reluctant to import such a principle, although it has been acknowledged in obiter. It has been acknowledged, via legal forums, that the system of copyright law in Australia is complicated, and has been argued, through submission to be made simpler.   Ã‚  Ã‚  Ã‚  Ã‚  As introduced above, the Copyright Act 1968 (Cth) was introduced in response to the growing need to protect individual’s creative works or other subject matter from commercial or other exploitation. The above named act provides that copyright is a statutory right, and abolishes any right to copyright at common law . The Berne Convention for Protection of Literary and Artistic Works, an international convention on copyright protection, which was first held in 1886, and has b... ...llip, Intellectual Property: Copyright and Materials, Lawbook Company Casebook, Sydney 2002. -  Ã‚  Ã‚  Ã‚  Ã‚  Ã¢â‚¬Å"Paper for Meeting with the Copyright Law Review Committee on 4 October 2001, Discussion Paper, www.law.gov.au/www/clrHome.nsf/AllDocs/ -  Ã‚  Ã‚  Ã‚  Ã‚  Ploman, Edward W, and Clark Hamilton, L, Copyright: Intellectual Property in the Information Age, Routledge and Kegan Paul, London 1980. -  Ã‚  Ã‚  Ã‚  Ã‚  Ricketson, Sam and Richardson, Megan, Intellectual Property: Cases, Materials and Commentary, 2nd Edition, Butterworths, Sydney 1998. -  Ã‚  Ã‚  Ã‚  Ã‚  Reynolds, R and Stoianoff, Natalie, Intellectual Property: Text and Essential Cases, The Federation Press, Sydney 2003. -  Ã‚  Ã‚  Ã‚  Ã‚  Ã¢â‚¬Å"Simplication of the Fair Dealing Provisions in the Copyright Act 1968†, Comments on the CLRC’s Discussion Paper, CAUL: Council of Australian University Librarians, August 1997, www.caul.edu.au/gov-inqu/clrc-972.html -  Ã‚  Ã‚  Ã‚  Ã‚  Ã¢â‚¬Å"Simplification of the Copyright Act 1968†, Part I: Exceptions to the Exclusive Rights of Copyright Owners, Copyright Law Review Committee, www.law.gov.au/clr/Simplification/