Hybrid electric vehicle Essay

Micro Environment factors. – LearnMarketing. net www. learnmarketing. net/microenvironment. htm This article looks at the factors which make up a firm’s micro environment. There are also links to articles on the macro environment and internal environment †¦ Six Microenvironmental Factors That Affect Businesses †¦ yourbusiness. azcentral. com/six-microenvironmental-factors-affect-busin†¦ You face six microenvironmental factors in your business activities, each made up of a self-contained microenvironment that stands alone but interacts with the †¦ Six Microenvironmental Factors That Affect Businesses †¦ smallbusiness. chron. com †º †¦ †º Effective Customer Service In economics, macroeconomics encompasses societal perspective on resource allocation. Microeconomics involves factors of resources availability and usage †¦ Micro Environmental Factors – Essays – Lucky1737   Home †º Business & Economy Micro environmental factors are internal factors close to a business that have a direct impact on its strategy. These factors include: Customers Organisations †¦ Market environment – Wikipedia, the free encyclopedia en. wikipedia. org/wiki/Market_environment Wikipedia Jump to Micro-Environment – The micro environment refers to the business itself and to †¦ Competitors are also a factor in the micro-environment †¦ What is microenvironment? definition and meaning www. businessdictionary. com/definition/microenvironment. html Definition of microenvironment: Factors or elements in an organization’s immediate area of †¦ market environment †¦ Use microenvironment in a sentence †¦ Micro Environment of Business: 6 Factors of Micro †¦ www. yourarticlelibrary. com/†¦ /micro-environment†¦ factors†¦ micro-envi†¦ Most important factors of micro environment of business are as follows: 1. competitors, 2. customers, 3. suppliers, 4. public, 5. marketing intermediaries, †¦ Owners immediately began tinkering with the car’s computer system. One owner was able to add cruise control (an option not offered by Toyota) by wiring in a few switches in the car’s computer system. The founder of priusenvy. com worked out how to use the car’s dashboard display screen to show files from his laptop, play video games, and look at rear-view images from a video camera pointed out of the back of the car. One Austrian consumer installed a sniffer – a device on the car’s computer network that monitors electronic messages. With the sniffer, he will be able to hook up add-ons such as a MiniDisc Player, an MP3 player, a laptop computer and a TV tuner. In the past, owners using mechanical skills customised cars with paint, lowered bodies, and souped-up engines. In the future, customisation may rely on being computer savvy. Even though the Internet was a major part of the Prius launch, Toyota does not sell the car from its website. Buyers go to prius. toyota. com online to pick a colour and decide whether they want a CD player and floor mats – the only options available from Toyota. After that, the dealers get involved, but it takes specially trained salespeople to explain and promote the Prius. Consequently, only 75 per cent of Toyota dealers handle the car. Many of them are not happy about the need to train salespeople. And why should they be? Margins are higher on gas-guzzlers, which are also easier to sell. Given dealer reluctance and consumer resistance, why have Toyota and Honda spent so much on their hybrids? While part of the answer is government regulations, a bigger part of the answer is competition. All car manufacturers concede that they will eventually have to move to hybrids to raise petrol mileage and lower emissions, and all of them have plans to do so. Ford, for example, plans to introduce an Escape SUV that will get 17 km/litre. DaimlerChrysler says that 15 per cent of its sport-utility vehicles will be hybrids that will get 20 per cent better fuel efficiency than conventional vehicles. General Motors is betting on hybrid buses and trucks. Toyota hopes, however, that its early entry will be the basis for a system of hybrids from ultracompact ‘minicars’ to luxury saloons, sport-utility vehicles, and even commercial trucks. The mass market, however, values space, comfort, and power. Although hybrids may have space and comfort, power would appear to be more elusive. Without greater power, it will be interesting to see whether consumers, who like speed on those open autobahns and acceleration on alpine roads, will settle for a hybrid. Questions 1. What microenvironmental factors affect the introduction and sales of the Toyota Prius? How well has Toyota dealt with these factors? 2. Outline the major macroenvironmental factors – demographic, economic, natural, technological, political, and cultural – that have affected the introduction and sales of the Toyota Prius. How has Toyota dealt with each of these factors? 3. Evaluate Toyota’s marketing strategy so far. What has Toyota done well? How might it improve its strategy.

Section 482 of Crpc and Powers of Quashing of Fir

CODE FOR CRIMINAL PROCEDURE PROJECT ON SECTION 482 and POWERS OF QUASH OF FIR SUBMITTED BY:- ANKITA VERMA TABLE OF CONTENTS 1. INTRODUCTION 2. INHERENT JURISDICTION VESTED IN THE HIGH COURTS 3. INTERFERENCE UNDER ARTICLE 226 FOR FIR QUASHING 4. VIEW OF THE SUPREME COURT 5. AMENDMENT OF CODE OF CRIMINAL PROCEDURE ENABLING 6. RESTORATION OF COMPLAINTS 7. THE ACTIVIST PHASE 8. GUIDELINES FOR EXERCISING THE INHERENT POWERS 9. CONCLUSION 10. BIBLIOGRAPHY INTRODUCTION Sec 482 deals with Inherent powers of the Court.It is under the 37th Chapter of the Code titled â€Å"Miscellaneous†. The state high courts in India have been given supervisory and regulatory powers over the conduct of the lower criminal courts within their respective territorial jurisdiction, including inherent powers under section 482 of CrPC. Section 482 confers inherent powers on the state high courts to intervene in any criminal proceedings, to prevent abuse of the process of the court and to secure the ends of ju stice.Faced with a false criminal complaint, a person can file a petition under section 482 of the CrPC with the state high court and seek quashing of the criminal complaint. Inherent powers u/s 482 of Cr. P. C. include powers to quash FIR, investigation or any criminal proceedings pending before the High Court or any Courts subordinate to it and are of wide magnitude and ramification. Such powers can be exercised to secure ends of justice, prevent abuse of the process of any court and to make such orders as may be necessary to give effect to any order under this Code, depending upon the facts of a given case.Court can always take note of any miscarriage of justice and prevent the same by exercising its powers u/s 482 of Cr. P. C. These powers are neither limited nor curtailed by any other provisions of the Code. However such inherent powers are exercised sparingly and with caution. Section 482 CrPC talks about the inherent powers of the high courts. This section reproduces section 561-A of the code of 1898 without any change. It does not confer any new powers on the high courts but saves such inherent powers which the court possessed before the enactment of CrPC.Though the jurisdiction exists and is wide in its scope it is a rule of practice that it will only be exercised in exceptional cases. The section was added by the Code of Criminal Procedure (amendment) Act, 1923, as the high courts were unable to render complete justice even if in a given case the illegality was palpable and apparent. The section is a sort of reminder to the high courts that they are not merely courts of law, but also courts of justice and possess inherent powers to remove injustice.The inherent power in the high is an inalienable attribute of the position it holds with respect to the courts subordinate to it. These powers are partly administrative and partly judicial. They are  necessarily judicial when they are exercisable with respect to a judicial order and for securing the ends of justice. The expression ‘ends of justice’ is not used to comprise within it any vague or nebulous concept of justice, nor even justice in philosophical sense, but justice according to law, statute law and the common law.Inherent powers are in the nature of extraordinary powers available only where no   express power is available to the high courts to do a particular thing , and where the express power does not negativate the existence of such inherent power. The jurisdiction under section 482 is discretionary; the high court may refuse to exercise the discretion if a party has not approached it with clean hands. As per the scope of this section is concerned, it has a very wide scope. The inherent powers are only with the high courts and no other court can exercise these powers.The high courts are bound to exercise such powers whenever there is injustice done by the court below. Some of the inherent powers of the high courts are: a)  Ã‚  Ã‚  Ã‚  quashing of   F IR. b)  Ã‚  Ã‚   quashing of complaint. INHERENT JURISDICTION VESTED IN THE HIGH COURTS â€Å"Saving of inherent power of High Court- Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. The section was added by the Code of Criminal Procedure (Amendment) Act of 1923. The section envisages 3 circumstances in which the inherent jurisdiction may be exercised, namely: -to give effect to an order under CrPC, -to prevent abuse of the process of the court, -to secure the ends of justice. The jurisdiction of the high court is confined to the courts subordinate to it in the state for which the high court has been constituted. An application under section 482 cannot be entertained by any court other than the high court.The inherent jurisdiction possessed by the high court und er this section is not confined to cases pending before it, but extends to all the cases which may come to its notice whether in appeal revision or otherwise. Inherent powers under section 482 can be invoked only in the event when there is no other remedies open to the aggrieved party. The inherent jurisdiction of the high court preserved under this section is vested in it by law within the meaning of article 21 of the constitution. The procedure for invoking the inherent powers may be regulated by rules which may have been or be framed by the high courts.The power to make such rules is conferred on the high court by the constitution. Where the rules were previously framed, they continue in force by virtue of article 372 of the constitution. INTERFERENCE UNDER ARTICLE 226 FOR FIR QUASHING The power of quashing the criminal proceedings has to be exercised very sparingly and with circumspection and that too in the rarest of rare cases and the Court cannot be justified in embarking upo n an enquiry as to the reliability or genuineness or otherwise of allegations made in the F.I. R. or complaint and the extraordinary and inherent powers of Court do not confer an arbitrary jurisdiction on the Court to act according to its whims or caprice. However, the Court, under its inherent powers, can neither intervene at an uncalled for stage nor it can †soft-pedal the course of justice' at a crucial stage of investigation/ proceedings. The provisions of Articles 226, 227 of the Constitution of India and Section 482 of the Code are a device to advance justice and not to frustrate it.The power of judicial review is discretionary, however, it must be exercised to prevent the miscarriage of justice and for correcting some grave errors that might be committed by the Subordinate Courts as it is the duty of the High Court to prevent the abuse of process of law by the inferior Courts and to see that esteem of administration of justice remains clean and pure. However, there are no limits of power of the Court but more the power more due care and caution is to be exercised invoking these powers.The Apex Court held that nomenclature under which the petition is filed is totally irrelevant and does not prevent the Courts from exercising its jurisdiction which otherwise it possesses unless there is a special procedure prescribed which procedure is mandatory. In a case the Hon'ble Supreme Court has indicated that the High Court should be loath to interfere at the threshold to thwart the prosecution exercising its inherent power under Section- 482 of the Code or under article 226 or 227 of the Constitution of India, as the case may be, and allow the law to take its own course.The Court's power is limited only to examine that the process of law should not be misused to harass a citizen and for that purpose, the high Court has no authority or jurisdiction to go into the matter or examine the correctness of allegations unless the allegations are patently absurd and inherently improbable so that no prudent person can ever reach to such a conclusion and that there is sufficient ground for proceeding against the accused but the Court, at that stage, cannot go into the truth or falsity of the allegations.In Trisuns Chemical Industry Vs. Rajesh Agarwal ; Ors. the Supreme Court placed reliance upon its earlier judgment in Rajesh Bajaj Vs. State N. C. T. of Delhi ; Ors. , and observed that the inherent power of the High Court should be limited to very extreme exceptions. The said judgment was approved and followed by the Apex Court in Ram Biraji Devi Vs. Umesh Kumar Singh ; Ors. , wherein the Apex Court reiterated that the power can be used only in extreme exceptions where it is necessary to do so in the interest of justice.INTERFERENCE IN INVESTIGATION IN CRIMINAL OFFENCES In the case of Janata Dal Vs. H. S. Chaudhary, the Supreme Court endorsed the law laid down by the Privy Council, that the statutory power of police to investigate cognizable offe nces could not be interfered with by the courts, (King Emperor Vs. Khawaja Nazir Ahmed) The same view was endorsed by Justice Chandrachud in the case of Kurukshetra University Vs.State of Haryana where it was reiterated that investigation of criminal offences, was a field exclusively reserved for the Executive, through the police department, the superintendence over which, vested in the State Government. This Court further held that the Court and judicial process should not interfere at the stage of investigation . In the case of State of Haryana Vs. Chaudhary Bhajan Lal Justice Pandian laid down as follows: Investigation of offences is a field exclusively reserved for police officers whose powers in that field are unfettered so long as the power to investigate into the cognizable offences is legitimately exercised†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ the courts are not justified in obliterating the track of investigation †¦Ã¢â‚¬ ¦. The Magistrate is kept in the picture at all stages of the po lice investigation but he is not authorised to interfere with the actual investigation or to direct the police how that investigation is to be conducted†¦Ã¢â‚¬ ¦ VIEW OF THE SUPREME COURT In the landmark case State of Haryana v. Bhajan Lal: A two-judge bench of the Supreme Court of India considered in detail the provisions of section 482 and the power of the high court to quash criminal proceedings or FIR. The Supreme Court summarized the legal position by laying the following guidelines to be followed by high courts in exercise of their inherent powers to quash a criminal complaint;- 1.The criminal complaint can be quashed when allegations made in the complaint, even if they are taken at their face value and accepted in their entirety, prima facie constitute any offence or make out a case against the accused person. 2. The criminal complaint can be quashed when allegations made in the complaint are so absurd and inherently improbable that on the basis of which no prudent perso n can ever reach a conclusion that there are sufficient grounds for continuing the proceedings against the accused person. . The criminal complaint can be quashed when the allegations made in the complaint and evidence collected in support of the complaint does not disclose the commission of any offence against the accused person. 4. The criminal complaint can be quashed when the complaint is manifestly attended with malafide or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused person and with a view to spite him due to private and personal grudge. 5.The criminal complaint can be quashed when there is an express legal bar under any of the provisions of the CrPC or any other legislation (under which a criminal proceeding is instituted) to the institution and continuance of criminal complaint. Thus, if the high court is convinced that the criminal complaint does not disclose a cognizable offence and the continuation of an inve stigation is not based on sound foundations and would amount to an abuse of power of the police necessitating interference to secure the ends of justice, the high court will exercise its inherent power to quash the proceedings.In Pepsi Foods Ltd. v. Special Judicial Magistrate,  the Supreme Court of India observed that: â€Å"Though the magistrate can discharge the accused at any stage of the trial if he considers the charges to be groundless, this does not mean that the accused cannot approach the High Court under section 482 to have the complaint quashed if the complaint does disclose the commission of a cognizable offence against the accused person.In this case the Supreme Court held that the order of the High Court refusing to quash the complaint on the ground that alternate remedy was available under the CrPC to the accused person was not proper. † However it has been held by the Supreme Court of India in Om Prakash Singh v. State of UP  : That ‘if a complaint discloses the commission of a cognizable offence, it would not be a sound exercise of discretion to quash the criminal complaint’.AMENDMENT OF CODE OF CRIMINAL PROCEDURE ENABLING RESTORATION OF COMPLAINTS Submitted to the Union Minister of Law and Justice, Ministry of Law and Justice, Government of India by Dr. Justice AR. Lakshmanan, Chairman, Law Commission of India, on the 22nd day of August,2009. Inherent power of subordinate courts The subordinate criminal courts have no inherent powers. However, courts exist for dispensation of justice and not for its denial for technical reasons when law and justice otherwise demand.Even though inherent power saved under section 482, CrPC is only in favour of High Courts, the subordinate criminal courts are also not powerless to do what is absolutely necessary for dispensation of justice in the absence of a specific enabling provision provided there is no prohibition and no illegality or miscarriage of justice is involved. All the crim inal courts are having such an auxiliary power subject to restriction which justice, equity, good conscience and legal provisions demand provided it will not unnecessarily prejudice somebody else.A Division Bench of the Kerala High Court has in the matter of State Prosecutor held that the subordinate courts have the inherent power to act ex debito justitiae (in accordance with the requirement of justice) to do the real and substantial justice for which alone they exist. The absence of any reference to any other criminal court in the said provision does not necessarily imply that such courts can in no circumstances exercise inherent power. Courts may act on the principle that every procedure should be understood as permissible till it is shown to be prohibited by law. Law commission’s 141st ReportThe 12th Law Commission of India in its 141st Report titled â€Å"Need for Amending the Law as regards Power of Courts to Restore Criminal Revisional Applications and Criminal Cases Dismissed for Default in Appearance† [1991] The Law Commission in its 141st Report recommended amendment of section 482 of the CrPC for conferment of inherent powers also on all subordinate criminal courts other than the High court. THE ACTIVIST PHASE The activist phase, in its present form, started from the necessity felt by the Supreme Court, to secure impartial investigation into the allegations of fake encounters, custodial deaths, and police torture.While initially the Judges were content to direct inquiries by the local District and Sessions Judges, subsequently in several cases, the Court directed investigation by the CBI directly. Still the Court did not interfere in investigation There is no denial of the fact that the investigation and prosecution of criminal offences is lackadaisical. Yet the question to be considered is whether monitoring of investigation by Supreme Court or the High Courts is the appropriate remedy. Apart from the fact that monitoring of investiga tion invariably makes the judicial pyramid virtually stand on its head, it has larger connotations.The foremost consideration is, as to whether it is likely to result in denial of fair trial to the accused, and whether it amounts to adoption of a procedure which is unreasonable and is capable of falling foul of Article 21. In my view, whether this procedure violates Article 20 or 21 or not, in any case, it is not effective. The experiment in one of the cases in which this procedure was adopted by the Supreme Court has proved its futility. The conventional wisdom, on account of which, the courts refrained from interfering in investigation, was that the opinion of the Investigating Officer was not binding upon the courts.Defects in investigation could be rectified by the trial Judges, by summoning other persons, found to be connected with the offences under section 319 of the Code of Criminal Procedure. The dignity and honour of the Courts would be better preserved, if they maintain t he traditional distance from the Investigating agencies. In the end, it needs to be realised that investigation is a specialised job, which has to be conducted in the field, by persons adept at it. Various techniques and strategies are adopted by the Investigating Officer, and the task of ascertainment of truth, is long, arduous and painful.The Courts' continued insistence on modernisation of investigative techniques and upgrading the tools of technology, by deploying scientific methods of investigation, are the only means that may succeed in the long run. Judicial monitoring of investigation is an aberration and the sooner it ends, the better it is for the administration of criminal justice system. Guide-lines for exercising the inherent power -Where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. Where th e allegations in the first Information Report and other materials, if any, accompanying the F. I. R. do not disclose a cognizable offence, justifying an investigation by police officers under S. 156(1) of the Code except under an order of a Magistrate within the purview of S. 155(2) of the Code. -Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out as case against the accused. Where, the allegations in the F. I. R. do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by as police officer without an order of a Magistrate ass contemplated under S. 155(2) of the Code. -Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. Where th ere is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/ or where there is a specific provision the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party. – Where a criminal proceeding is manifestly attended with malafide and/ or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.It has been said there should be no undue interference by the High Court as no meticulous examination of the evidence is needed for considering whether the case would end in conviction or not, at this stage. The High Court should interfere only where it is satisfied that if the complaint is allowed to be proceeded with, it would amount to abuse of process of court or that the interests of jus tice otherwise call for quashing of the charges. In Zandu Pharmaceutical Works Ltd. Vs. Mohd. Sharaful Haque & Ors. the Hon'ble Apex Court held that criminal proceedings can be quashed but such power is to be exercised sparingly, carefully with caution and only when such exercise is justified by the tests specifically laid down in the statutory provisions itself. It is to be exercised ex debito justitiae to do real and substantial justice for administration of which alone Courts exist. Wherever any attempt is made to abuse that authority so as to produce injustice, the Court has power to prevent the abuse. A case where the FI. R. r the complaint does not disclose any offence or is frivolous, vexatious or oppressive, the proceedings can be quashed. It is, however, not necessary that at this stage there should be meticulous analysis of the case before the trial to find out whether the case ends in conviction or acquittal. The allegations have to be read as a whole. CONCLUSION â€Å"T he judiciary has to play a vital and important role, not only in preventing and remedying abuse and misuse of power, but also in eliminating exploitation and injustice. For this purpose, it is necessary to make procedural innovations†¦Ã¢â‚¬ ¦The summit judiciary in India, keenly alive to its social responsibility and accountability to the people of the country, has liberated itself from the shackles of Western thought, made innovative use of the power of judicial review, forged new tools, devised new methods and fashioned new strategies. †¦Ã¢â‚¬ ¦ † Soon thereafter, PIL was defined by Justice Bhagwati, in one of his articles entitled, â€Å"Social Action Litigation; the Indian experience†, in the above words. So as per the above discussion we have seen that how the high court uses its inherent powers and how important it is for the high courts to use these powers.Section 482 has a very wide scope and its really important for the courts to use it properly and w isely. Many a times it has been observed that when there is an issue of money for eg. Any money matter then the petitioner instead of filing a civil suit files an FIR against the other person just to harass him. In such cases it becomes very important for the high courts to quash such complaints as it leads to the abuse of the process of the lower courts. Thus section 482 is very important for acquiring proper justice and to stop the public from filing fictitious complaints just to fulfil their personal grudges.The functions of the judiciary and the police are complementary, and each one is to exercise its own functions. No doubt, the code of criminal procedure, gives to the police unfettered power to investigate all the cases, where they suspect a cognizable offence has been committed. Even the high court does not interfere with such investigation, because it would be impeding investigation and the jurisdiction of the statutory authorities to exercise power in accordance with the p rovisions of criminal procedure code.However, in appropriate cases, aggrieved person can always seek a remedy by invoking the power of the high court under Article 226 of the constitution to issue the writ of mandamus, restraining the police officer from misusing his legal powers. Further, in Hazari lal Gupta V. Rameshwar Prasad, the apex court laid down, that the high court can quash proceedings, if there is no legal evidence or if there is any impediment in the investigation or continuance of proceedings.The policy of non-interference in the investigation was well explained by the Privy Council in King Emperor V. Khawaja Nazir Ahmad in the following terminology: â€Å" just as it is essential that everyone accused of crime, should have free access to the court of justice, so that he may be duly acquitted, if found not guilty of the offence of which he is charged, so it is of utmost importance that the judiciary should not interfere with the police matter which are within their pr ovince and into which law imposes on them the duty of inquiry†¦Ã¢â‚¬ ¦. † BIBLIOGRAPHY 1. ttp://www. legalindia. in/inherent-powers-of-the-high-court-under-section-482-of-crpc 2. http://ipc498a. wordpress. com/2007/10/27/understanding-hc-quash-petitions-section-482-of-crpc/ 3. Gopal R : Sohon’s code of criminal procedure, Vol- V, Lexis Nexis Butterworths, 20th Edition. 4. Lal Batuk ; The code of criminal procedure, Orient publishing company, 3rd Edition. 5. Ratanlal , Dhrijlal; The code of criminal procedure, Lexis Nexis Butterworths, 17th Edition. 6. Sarkar S C; The law of criminal procedure, Vol- II, Wadhwa ; company Nagpur, III Edition. . Sen D N, The code of criminal procedure, Vol-II, Premier Publishing Company, 2006. ——————————————– [ 1 ]. G. Sagar Suri & Anr. Vs. State of U. P. & Ors. , AIR 2000 SC 754 [ 2 ]. State of U. P. Vs. O. P. Sharma, (1996) 7 SCC 705 [ 3 ]. L. V. Jadhav Vs. Shankarrao Abasaheb Pawar & Ors. , AIR 1983 SC 1219 [ 4 ]. ( 1999) 8 SCC 686 [ 5 ]. AIR 1999 SC 1216 [ 6 ]. 2006 AIR SCW 2543 [ 7 ]. 1992 (4) SCC 305 [ 8 ]. AIR 1944 PC 18 [ 9 ]. 1977 (4) SCC 451 [ 10 ]. 1992Supp(1)SCC335 [ 11 ]. ( 1992 Supp. 1) SCC 335) [ 12 ]. (AIR 1998 SC 128) [ 13 ]. (2004 CrLJ 3567) [ 14 ]. .[Tulsamma v. Jagannath, 2004 Cri. L. J. 4272]State of Kerala v. Vijayan, 1985(1) CRIMES 261] [ 15 ]. .[Madhavi v. Thupran, 1987 (1) KLT 488] [ 16 ]. [1973 Cri. L. J. 1288] [ 17 ]. (Shiv Sagar Tiwari Vs. Union of India 1996 (6) SCC 558) [ 18 ]. Ganesh Narayan Hegde Vs. S. Bangarappa & Ors. , (1995) 4 SCC 41 [ 19 ]. AIR 2005 SC 9 [ 20 ]. Basu, D D, Criminal procedure code, 1973 , 441 [ 21 ]. AIR 1972 SC 484 [ 22 ]. (1944) 71 Ind. App. 203.

Case Study Essay Example | Topics and Well Written Essays - 500 words - 28

Case Study - Essay Example 3. The amount deducted each year towards depreciation on the machine is the income source from which the cost of lease is recovered. Therefore, the term of lease is equal to the period in which the value of the machine becomes zero. Minimum lease payment made on each due date is inclusive of principal as well as interest. Interest, is calculated, with respect to the diminishing balance of debt, at the same fixed rate as that at which minimum lease payment was discounted. Expenditure incurred under such costs as insurance, maintenance and taxes is shown under appropriate head in accrual or deferral accounts. In the balance sheet, the asset figures as a fixed asset with a title like ‘Leased Equipment under Capital Lease’. An equivalent liability, by way of the amount paid towards lease, is projected with a title like ‘Lease Liability’. Amount paid on the principal in the following year falls under the current part of the liability and the rest under the non-current part. 4. The present value of liability should eventually equal the aggregate of minimum lease payments projected by the lessee in the balance sheets during the following five (or less as the case may be) financial years from the time the lease agreement is enforced. 1. For Breton, the lessor, the lease arrangement is of direct financing nature. In the transaction, there is no mention of any such thing as dealer’s profit or manufacturer’s profit. Discounted present value of minimum lease payment is more than 90 per cent of the asset value at the time of commencement of lease. No problems are predicted in connection with the collectability of minimum lease payments. Nor are there any dead costs deemed to have to be borne by the lessor. 2. It is mandatory for Breton, the lessor, to document a ‘Lease Receivable’. The present value of minimum lease payments as well as the present

An assessment of Paris competitive strategy in the European tourism Dissertation

An assessment of Paris competitive strategy in the European tourism industry - Dissertation Example I would also like to appreciate the research staff for their help and contribution. They encourage me by ascertaining that the research will be effective. Their guidance supported me in handling with day-to-day issues and problems. I would also like to express my gratitude for those participants who supported me in collecting information. With the support of their concern and trust, information was gathered originally. Without their contribution, it was not possible to gather the information. Finally, I want to express my heartfelt gratitude for my family and friends who encouraged me and helped me in carrying out this research. They established my confidence through which I was capable to complete this study. Their trust and belief helped me immensely in acquiring my aim and doing this study successfully. Abstract The tourism market is one of the biggest and rapid growing industries all around the world. As per the World Tourism Organizations predictions, the industry will remain to flourishing and use more people in the 21st century. Along with the development of the tourism and hospitality market internationally, expectations of consumers and demands for higher quality are augmenting while consumer preferences are varying also (Montanari and Williams, 1995). Competition among the organizations, both internationally and nationally, is getting intense on one another. In this industrial context of increased consumer expectations, different market areas that demand special products and services, and tough competition, hospitality and tourism firms are looking for ways to progress in service quality, competition, customer satisfaction and performance, this paper takes the perception that humans and organizational behaviors are closely related with the success and failure of the tourism industry and help in the achievement of the desired goals through exceptional performance (Buzard, 1993). The purpose of this dissertation is to focus the core concepts related wit h the successful tourism and through a Paris case study, recommendations and suggestions for one of the major metropolitan of Europe; London has created an immense opportunity to explore the subject in detail. Table of Contents Acknowledgements 2 Abstract 3 Chapter Two: Literature Review 7 Chapter Three: Humans and Organizations Behaviors in Tourism Industry 8 Organizational Behaviour 9 Criteria to Measure Competitiveness in the Tourism Industry 9 Tourism in Paris 12 Competitive Advantages 13 Suggestions for Paris 16 Annual Investments 18 Chapter Four: Data Analysis and Findings 20 References 25 Chapter One: Introduction 1.1. Dissertation Overview Tourism has emerged one of the most crucial aspect and the most profit generating performance in numerous small island emerging states. It has transformed into the source of employment generation and revenue for small island’s people (Zuelow, 2011). A transformation in the tourism requirement for an island may have a big impact on t he GDP (Gross Domestic Product), which refers to the total worth of services and goods generated in a country in a specific period of time, normally a year, the Balance of payments and the budget (Ashworth and Kavaratzis, 2010). Tourism has transformed into a highly developing industry in the current state of business, where destinations majorly depend on their natural and few manmade assets to make their tourism market. It is sometimes a core component for economic development and progress. The economic influence of tourism has shifted the

Health and safety issues Essay Example | Topics and Well Written Essays - 750 words

Health and safety issues - Essay Example hrough: improvement of management systems so as to reduce injuries at work, showing the board how important health and safety issues are, monitoring of health and safety issues in the organization and providing of detailed reports about their states not excluding their stray performances. In essence, World Health (1983) argues that health and safety management that is effective is fundamental to the well-being of employees, plays a vital role in ensuring that the reputation of the organization is maintained while at the same time helping in creating teams that are highly achieving. An organizations’ health and safety quality assurance department provides various means in which the organization can monitor its continued progress and advices the organization on legislative matters and inflicts best practices into employees (Miller, 1986). To maintain quality, the team carries out internal training to keep their staff up to date with legislative and suitable organizational practices in health and safety matters and related areas. In addition, solid systems for monitoring organizational progress are to be installed which enhance the technological sector of the company as well as the knowledge of the staff for they have to be trained effectively on how to use the systems thus moving them one step ahead of their competitors. Insurance can be obtained by the employer to cover a number of costs which the employer may have to cover as a consequence of poor health and safety procedures. Examples of such insurance are Liability insurance, vehicle insurance and building insurance. There are however a number of areas for which insurance cover cannot be obtained. What are these areas? According to HMSO (1974), hundreds of industries that operate in different areas/fields exist that have been excluded from the mandatory coverage since they are registered neither under Sections 1 nor 2 of the Workplace and Insurance Act, 1997 (South Australian, 1986). The areas not covered

Jeremy Bentham Essay Example | Topics and Well Written Essays - 500 words

Jeremy Bentham - Essay Example Utilitarianism is probably the greatest work by Jeremy Bentham. The ethical foundations he laid down are still widely accepted by the general public. Bentham based his moral philosophy of Utilitarianism in public good and happiness. He argued that people should act in a way so as to maximize public good for the maximum number of people (Bentham, 3). The moral philosophy of Bentham became famous because it was representative of human nature. Before Bentham moral philosophy was based on complex principles and there was a divide between moral philosophies and the general public. Bentham brought moral philosophy and ethics within the grasp of the general public. The concept of maximum good for the maximum people is quite easy to understand and this is one reason why people still discuss and apply this theory when facing ethical dilemmas. Jeremy Bentham got his bachelors and masters degree from The Queen’s College, Oxford. He was from an educated family therefore he got all the necessary training and education from his family. Bentham presented many social reforms related to prison system, women, and economic freedom. He was an ardent proponent of women’s right and thought that women should get equal right to men. The aim of Bentham’s philosophy was to maximize the public benefit and minimize the pain of the people. All of the social reforms and changes in the legislature suggested by Bentham were based on the principle of maximum utility of the society. He thought that laws should be aimed to benefit the public in general so that overall happiness of the society can be increased. Pleasure and pain according to Bentham were the main motivators of human action therefore his ethics is based upon increasing pleasure and reducing pain of the maximum number of people in the society. Contribution of Jeremy Bentham to the subject of ethics is great because his theory of utilitarianism is stills studied in every ethics related course all over the globe.

How does the No Child Left Behind Act affect Leadership in Early Research Paper

How does the No Child Left Behind Act affect Leadership in Early Childhood programs - Research Paper Example There is a conflict between the student’s learning ability and performance and the reputation of the school. Hence it might be difficult for the schools to achieve the targets set by the act unless suitable changes are applied.   How does the ‘No Child Left Behind’  Act affect Leadership in Early Childhood programs   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  The No Child Left Behind Act of 2001(NCLB) is a breakthrough educational reform that has been designed to improve achievement of the student and alter the American schooling culture. The then president George Bush signed the NCLB Act on 8th January 2002 as he earmarked its inception as the start of a new era. NCLB’s aim is to guarantee quality as well as equality in educational provision to all students to bridge the gap between the underprivileged students and their prosperous peers. The major functions of NCLB are to support learning activities in the nascent ages of education thereby ensuring prevention of any diffi culties in learning processes that might arise later, provide more information regarding a child’s progress and performance to his/her parents, improve quality of teaching and learning by providing requisite information to principals of schools and the teachers, enrich the schools with more and better resources, provide more funds to research oriented programs and curriculums, provide more flexibility, provide attention to things that work in future (No Child Left Behind- A Parent’s Guide, 2003, pp. 1-3; Glenn, & Marytza, 2011, pp 1-2; Nichols, Dowdy,& Nichols, 2010, pp. 1-2). The paper will assess whether the act has been effectual with respect to the early childhood programs and how it affects leadership in such programs.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The NCLB Act has been subject of appraisal as well as criticism from various circles, though it has obtained very little notice in the legal literature and mostly due to its overemphasis on te sting. There has been a bifurcation among the academicians regarding the feasible targets and real achievements of the NCLB Act. Those in support of this Act are of the view that it has completely succeeded in achieving its impressive targets and they often promote the hard accountability procedures of the NCLB Act. Many academicians and politicians have criticized NCLB’s policies that focus on testing as the main mode of assessment of the progress of a school. They also blame the federal government for heavily interfering with the local and state authorities on issues of education while miserably failing to supply requisite funds for the proceeds of this Act. In truth, the NCLB Act does highlight a quandary at the root of all test-based methods of accountability. However, testing alone is not sufficient to assess the school‘s proper assessment. It in turn binds the teachers to teach things that are related to the syllabus and books and not the wider aspects of the curr iculum, which would lead to a time loss, which could have been utilized, on other educational purposes. Moreover, it encourages institutions that play the leading role in such programs to drop out underperforming students rather than expand resources to help these students perform well in their education. The Act is so designed to elevate the segregation by race as well as class, and throw lower performing students out of the school, which makes it even harder for the destitute students to carry on their competition with the more affluent pupils. The Act claims to provide the best of the

The WWI Essay Example | Topics and Well Written Essays - 500 words

The WWI - Essay Example Prior to joining the WWI, the United States enjoyed a blossoming, prosperous years that were evidenced by a rapid growth in the GDP and a positive improvement in the standards of living of the American People (Gary pp 417). However, after the war, with much of the expenses in the war having been borne by the American people, there was a considerable slump in the American economy. The average American consumer had to chuck out more to obtain the same amount of goods they would have obtained before the war. After the war, the American government tremendously reduced its number of troops and significantly reduced the pay of the remaining solders. As a result veterans returning from the war complained of the lack of other opportunities in the country. Since congress had allocated many funds to ensure success in the war and with the strain in the standard of living, the rise in inflation became persistent. After the war the government was more indebted than ever in the history of the Unit ed States. The war had cost the American government an estimated $38 million financed by the federal government and through the issue of war bonds and stamps (Cross pp 45-57). Prices of commodities shot up tremendously. Investment reduced greatly as Americans had no surplus cash due to the rising inflation.

During the latter part of 2014 the oil price fell from well over $100 Essay

During the latter part of 2014 the oil price fell from well over $100 per barrel to around $50 per barrel. Why might this sudden fall have occurred and how will it affect economies around the world - Essay Example The theories of aggregate demand and supply have been linked with the fall in price of oil to understand the macroeconomic policy (Arnhem, 2014). The traders who are responsible for setting the prices are to consider the current production and supply of oil before bidding for the prices. Other factors are the future supply of oil that is the capacity of the oil reserves. These reserves play a crucial role when the price of oil gets too high and in case when the demand exceeds the supply. The third factor to be taken into account is the demand for oil in the economy. The demand and the supply of oil are the essential components responsible for the changes in the oil prices. The global demand for oil is less than supply and that is responsible for the fall in oil prices. A major factor for fluctuation of the prices was the sudden increase in oil production in the US. This had resulted fall in the crude oil prices (Times Internet Limited, 2015). It was also observed that in order to keep the oil prices high, Saudi Arabia the largest exporter of petroleum reduced the oil prices affecting the economy. Moreover, the increase in pro duction was also observed in Libya and Angola that raised the total output of the Organization of Petroleum Exporting Countries (OPEC). OPEC is an organization that that controls the production of oil in the world. Currently, the members of the OPEC are pumping 42 percent of the global annual supply. The organization is also responsible for controlling the exports of the petroleum. The member countries also support the oil reserves in case of excess demand. Therefore, for this reason OPEC’s decisions regarding control of oil prices are crucial for those countries dependent on import of oil (Bloomberg L.P, 2014). The economic activities are influenced by the demand for the energy resources. The supply of oil is also

Age Discrimination in the Workplace Essay Example | Topics and Well Written Essays - 2500 words

Age Discrimination in the Workplace - Essay Example Thus, the essay critically examines discrimination in the workplace and the application of the law of age discrimination based on specific cases. Federal and state laws protect workers against age discrimination for workers who are 40 years and above. The Age Discrimination Employment Act protects workers above 40 years against unlawful treatment by the employers or fellow employees. The employer must have at least 20 employees. The employees are protected in all the stages, including retrenchment, recruitment, workplace conditions and terms, dismissal and return to work after illness (Thew, Eastman & Bourke, 2005). Consequently, the Age Discrimination Employment Act (AFDEA) is one of the acts that protect people against discrimination on the basis of age. The act prohibits the denial of benefits to the older employees. The benefits given to the young employees should also be given to the aged. Additionally, the act prohibits mandatory retirement (Gregory, 2001). In 1993, to ensure that they were no mandatory retirement, employees such as college professors phased the elimination of mandatory retirement. That means that they would leave their workplace at an age of their choice. While, at the workplace they are entitled to all the rights. Furthermore, a mandatory retirement policy was permitted to people who are 65 years and above. After retirement, they are entitled to a pension on a monthly basis. There is also a prohibition of age preference and limitations. When advertising for a job, companies should ensure that it is open to all ages not discriminating the aged by mentioning the exact age(Gregory, 2001). Companies should also not reduce the benefits of people in the workplace based on age. If the benefits are reduced, the younger employees should also experience the same. The Age Discrimination Employment Act also prohibits discrimination in promotions, wages, layoffs, and termination of employment. Age

European Court of Justice - Free

European Court of Justice Free Movement of Persons Essay From early on it became clear to close observers of the EU that the role and rule of law were going to be critical in anchoring EU policy regimes. If the legal system could ensure a high rate of compliance, a way of giving authoritative interpretation to disputed texts, and a means of redress for those for whom the law was created, then the EU process as a whole would gain solidity and a predictability that would help it to be sustained. The ECJ was established in the first treaty texts; these have been virtually unchanged since then, except to cater for the increasing workload and successive enlargements of the EU membership. The ECJ, sited in Luxembourg, is now composed of fifteen judges, as well as the nine advocates-general who deliver preliminary opinions on cases. The SEA in 1986 established a second Court of First Instance, composed now of fifteen judges, to help in handling the heavy flow of cases. The EU has thus something like a supreme court, able to provide an overarching framework of jurisprudence, as well as to deal with litigation, both in cases referred via the national courts and in those that are brought directly before it. The Courts sanctions are mostly the force of their own rulings, backed up in some instances by the ability to impose fines on those (usually companies) found to have broken EU law. The T EU gave the ECJ power to fine member governments for non-application of European law. Also, as a result of its own rulings (especially one of the Factortame cases on fisheries see Chapter 13), damages can be claimed against governments that fail to implement European law correctly. The Courts take their cases in public, but reach their judgments in private by, if necessary, majority votes; the results of their votes are not made public, and minority opinions are not issued. A series of key cases has, since the early 1960s, established important principles of European law, such as: its supremacy over the law of the member states, its direct effect, a doctrine of proportionality, and another of non-discrimination. In doing so the ECJ has gone further in clarifying the rule and the role of law than had specifically been laid down in the treaties. In some policy domains court cases have been one of the key forces in developing EU policy regimes. Table 1. summarize the pattern and volume of cases before the Court. Table 1 New cases at the European Court of Justice, 1972-1997 (no.) (five-year, periods, Since 1972; five-year 1992-1997; each year given) Subject-matter Cases 1972 1977 1982 1987 1992 1993 1994 1995    1997    until       1971    Agriculture and 99 36 61 83 81 198 210 65 70 60 66 fisheries Transport 3 2 4 5 14 10 11 5 3 11 Taxation 27 1 2 9 35 20 21 25 36 33 61 Free movement of 53 3 25 56 45 33 58 86 79 50 61 goods and customs Competition and 38 6 10 42 34 54 35 20 35 28 45 state aids Freedom of 3 2 4 12 12 20 47 34 46 39 establishment and to provide services Free movement for 37 11 19 17 35 49 59 44 54 70 51 workers and social policy Environment 15 11 11 42 59 47 Rest a 2 16 21 44 23 43 29 26 54 34 Staff of EU 268 23 25 85 77 9 10 5 15 13 14 institutions b Other(ECSC, EAEC, 25 27 11 9 4 13 4 15 privileges and immunities) All 895 82 162 348 395d 438 486c 347 409 420 444 a Inc. common commercial policy and cases under agreements with third countries. b These are contract and social security cases of EU civil servants, mostly dealt with by Court of First Instance created in 1989, except for appeals to ECJ. This strong legal dimension has a large influence on the policy process. Policymakers pay great attention to the legal meaning of the texts that they devise; policy advocates look for legal rules to achieve their objectives, because they know that these are favoured by the institutional system; policy reformers can sometimes use cases to alter the impact of EU policies; and in general there is a presumption that rules will be more or less obeyed. Hence policy-makers have to choose carefully between treaty articles in determining which legal base to use, and to consider car Efully which kind of legislation to make (Reich Harbacevica, 2003). Regulations are directly applicable within the member states once promulgated by the EU institutions. Directives have to be transposed into national law, which allows some flexibility to member governments, but within limits set by the ECJ. Decisions are more limited legal instruments applied to specific circumstances or specific addressees, as in competition policy. All three kinds of law may be made either by the Commission (under delegated powers), or by the Council, or jointly by the Council and EP (under co-decision). And all are subject to challenge through the national and European courts. The vigour of the European legal system is one of the most distinctive features of the EU. It has helped to reinforce the powers and reach of the EU process, although in recent years the ECJ has become a bit more cautious in its judgments. We should note also that in some policy domains member governments have gone to considerable lengths to keep the ECJ out of the picture. Part of the reason for the three-pillar structure of the T EU was to keep both CFSP and JHA well away from the reach of the European legal system. Even though the ToA goes some way towards incorporating parts of JHA and Schengen more fully within the system, it remains contested how far they will be brought within the jurisdiction of the ECJ. One issue which floats in the debate is how far the other European legal order, based on the European Convention of Human Rights attached to the Council of Europe, is to be linked to the EU, and whether the EU should adopt its own Charter on Fundamental Rights. The wider institutional setting The EU institutional system includes in addition a number of additional organizations that have an impact on, or provide instruments for, EU policies. Some are consultative. Some provide control mechanisms. Some provide autonomous operating arms. Consultation and lobbying The founding treaties established the Economic and Social Committee (and the Consultative Committee for the ECSC) as a point of access to the policy process for socioeconomic groups. Its creation borrowed from the corporatist traditions in some of the founder member countries. It has not, however, become an influential body in the policy process. Instead socio-economic groups have found their own more direct points of access since the 1960s, both through EU-Ievel federal associations and through sector-specific trade and producer organizations. These became even more active in the period around the development of the single European market (Forder, 2002). Individual large firms have also taken pains to develop links with the EU institutions, again some since the 1960s, but many more and with more vigour since the early 1980s. A more recent development has been the increased activity of groups and lobbies representing societal interests, the consumers, the environmentalists, womens groups, and increasingly a range of other advocacy groups and nongovernmental organizations (NGOs). Illustrations of the activities of these different kinds of groups can be found in many of our case-studies (Groenendijk Guild, 2001). The TEU introduced a second consultative body, the Committee of the Regions, in response to the extensive involvement of local and regional authorities in seeking to influence those EU policies that impacted on them. The Committee provides regional and local politicians from the member states with a multilateral forum, and an opportunity to enhance their local political credibility. At least as important, however, is the direct lobbying by infranational (local and regional) authorities, many with their own offices in Brussels. These same infranational authorities also engage in efforts to influence national policy positions and the implementation of Community programmes. Chapters 9 and 13 comment on this in relation to the structural funds and the common fisheries policy. Control and scrutiny In the mid- 1970s concern started to be voiced that the EU policy process was subject to few external controls. The EP at the time had few powers, and national parliaments paid rather little attention to EU legislation and programmes. It was the growing scale and scope of the EU budget and spending programmes that led the arguments about the inadequacy of scrutiny. This led to the creation of the European Court of Auditors by the 1975 Budget Treaty. Since 1978 it has, from its seat in Luxembourg, endeavoured to evaluate systematically both revenue-raising and spending. Both in its Annual Reports and in specific reports it has drawn attention to various weaknesses in the budgetary process, as handled by the Commission and national agencies. Here we should note that about four-fifths of EU budgetary expenditure is disbursed by national agencies. Chapter 8 describes some of the Court of Auditors activities and impact. We note here that many of its criticisms fell for many years on deaf ears member governments that were reluctant to face up to some of the issues, an EP that had other preoccupations, and a Commission which repeatedly undervalued the importance of sound financial management. In late 1998 this situation was reversed by the row over alleged financial mismanagement by the Commission. Another new instrument of post hoc control is provided by the Ombudsman attached to the EP under the provisions of the TEU. The aim is to provide a channel for dealing with cases of maladminstration vis-à  -vis individuals. Thus far the existence of this office has not had a large impact, although it may have contributed to making the policy process a little more open than hitherto. Some control and scrutiny of policy depends on national institutions, both parliamentary and financial. National parliaments had no official recognition in the institutional system until the early 1990s. Each member state had developed its own, mostly rather limited, procedures for national parliamentary scrutiny of EU policy. The same discontent that had led to some strengthening of European procedures started to provoke a debate on national scrutiny. Both the T EU and the ToA mention the importance of encouraging this, although there is little likelihood of standardized procedures emerging. Instead it seems likely that EU-level policy-makers, especially in the Commission, will pay more attention to national parliamentary discussions and appear more readily before national parliamentary committees of inquiry. This heightened sensitivity to country-level preoccupations is becoming a more marked feature of the EU policy process. It may well be emphasized by the establishment of national parliamentary offices in Brussels (by September 1999 from Denmark, Finland, France, and the UK). From market citizenship to political and social citizenship As mentioned previously, 184 it was at the 1972 Paris Summit that European economic integration was put into a broader perspective of social welfare. Since then, the neo-liberal philosophy that was at the basis of the European Economic Community (and still is, to a large extent, at the basis of the European Community, that is, the first pillar of the Union) was gradually turned into a more socially oriented philosophy. From a perspective of citizen rights, this means that the rights that citizens enjoy by virtue of EC law are no longer only â€Å"market rights† but have been enlarged to include â€Å"political rights† as well, and slowly also â€Å"social rights† in the broad sense of the word, that is, rights (and duties) concerned with peoples welfare generally, including work, education, health, and quality of life. 185 This transformation started with the incorporation, by the Maastricht Treaty, of a new part II in the EC Treaty, entitled â€Å"Citizenship of the Union† and composed of Articles 17–22 (ex 8–8e) EC. According to Article 17 (1) EC, citizenship in the Union, â€Å"complement[ing] and not replac[ing] national citizenship, † is established and accorded to every person â€Å"holding the nationality of a Member State.† The rights enjoyed by Union citizens are, according to Article 17 (2), â€Å"the rights conferred by [the EC] Treaty †¦ subject to the duties imposed thereby.† Those rights are in the first place the internal market freedoms (in the exercise of which discrimination on the basis of nationality is prohibited) and related consumer and worker rights specified elsewhere in the treaty. Then, in Articles 18 to 21 EC, a limited number of rights are enumerated, starting with the general right to move and reside freely within the territory of the Member States and followed by a number of specific political rights: the right to vote and stand as a candidate at municipal and European Parliament elections, the right to diplomatic protection in a third country, 186 the right to petition the European Parliament and to address complaints to the European Ombudsman. In Articles 39–46 of the (as yet non-binding) EU Charter of Fundamental Rights, this list of citizen rights was consolidated, and it was expanded with the rights to good administration and access to documents (Peers, 2004). The enumeration of these lists of rights in the EC Treaty, as amended, and in the EU Charter may seem rather symbolic, many of the rights mentioned being already specified in other treaty provisions. However, the fact should not be overlooked that the rights enumerated in Articles 18 to 21 EC are granted to all citizens, that is, they are unconnected with the exercise of any economic activity. That obviously holds true for the political rights, but it is also becoming increasingly true, as we will see below, for the general right of citizens, established in Article 18 EC, to move and reside freely within the territory of the Member States. Among the rights conferred by other treaty provisions are the rights that workers from other Member States, and by extension members of their family (so-called â€Å"dependents†), enjoy in the Member State where they work. These rights remain connected, however, to the status of â€Å"worker† in the sense of Article 39 (1) EC (relating to freedom of movement for workers), as interpreted by the ECJ in numerous judgments. It means, in concrete terms, that nationals from one Member State who want to work in another Member State need a residence permit, for which they must produce proof of engagement from an employer. Similarly, family members, whether from a Member State or a third country, must produce proof of their relationship with the worker. it was expanded with the rights to good administration and access to documents. The enumeration of these lists of rights in the EC Treaty, as amended, and in the EU Charter may seem rather symbolic, many of the rights mentioned being already specified in other treaty provisions. However, the fact should not be overlooked that the rights enumerated in Articles 18 to 21 EC are granted to all citizens, that is, they are unconnected with the exercise of any economic activity. That obviously holds true for the political rights, but it is also becoming increasingly true, as we will see below, for the general right of citizens, established in Article 18 EC, to move and reside freely within the territory of the Member States (Pettit, 1997). Among the rights conferred by other treaty provisions are the rights that workers from other Member States, and by extension members of their family (so-called â€Å"dependents†), enjoy in the Member State where they work. 188 These rights remain connected, however, to the status of â€Å"worker† in the sense of Article 39 (1) EC (relating to freedom of movement for workers), as interpreted by the ECJ in numerous judgments. It means, in concrete terms, that nationals from one Member State who want to work in another Member State need a residence permit, for which they must produce proof of engagement from an employer. Similarly, family members, whether from a Member State or a third country, must produce proof of their relationship with the worker. [1] A financial burden on the host Member State, the students right of residence was directly based on Article 18 EC, with the effect that he was entitled in Belgium to financial assistance available to Belgians. In fact, not only EU citizens but also third-country nationals enjoy social rights under certain conditions, principally when they are family members of migrant workers, or migrant workers from countries with which the EU has special agreements. In this context, the Mary Carpenter case deserves to be mentioned: it concerned the right, under EU law, of the non-EU spouse of a U.K. national to remain with him in the United Kingdom, despite her having violated immigration rules. The ECJ ruled in that case that, since the deportation of his spouse (who cared for children from his previous marriage) could adversely affect the husband in the exercise of his (EC) right to provide services in other Member States, the situation fell within the scope of EC law. Furthermore, the Court held that although a Member State may limit the right to provide services on grounds of public policy or public security (as mentioned in Article 46 referring to Article 55 EC), the Member State concerned is bound to observe the human rights requirements embodied in EC law, including respect for the right of family life, as laid down in Article 8 ECHR. Citing the Boultif judgment of the Court of Human Rights, the ECJ held that the U.K. would be violating the right to respect for family life if it expelled Mrs. Carpenter without a more significant public policy reason than violation of immigration laws. The ECJs case law deriving social rights for Union citizens from the free movement and residency right embodied in Article 18 EC raises the delicate issue of how far the ECJ can go in imposing financial burdens on Member State social security systems in the name of solidarity between Union citizens. The issue is underlying many recent judgments, but is most apparent in Baumbast. In that case, the ECJ ruled that Article 18 (1) EC is sufficiently clear and precise to be directly applicable (and directly effective), and this despite the fact, as pointed out previously, that the article submits the free movement and resident right â€Å"to the limitations and conditions contained† in the treaty and in secondary legislation. The question at issue was whether the U.K. immigration authorities could reject Mr. Baumbasts application for renewal of his residence permit on the grounds that he and his family were not insured for emergency treatment in the U.K., where the family lived (although they were covered by comprehensive medical insurance in Germany, of which Mr. Baumbast was a national). Such a residence permit is needed under the three EC directives granting rights of residence to categories of persons other than workers. These directives provide that rights of residence are subject to two conditions: first, the applicant must possess sufficient resources, and, second, he or she must have comprehensive medical insurance for all risks. It was clear, as the court observed that Mr. Baumbast had sufficient resources, but it was equally clear that he had no health insurance for emergency treatment within the U.K (Dougan Spaventa, 2003). In its judgment, the ECJ ruled that the refusal of the British authorities was unfounded. It recognized that the requirements in the directives were permissible, being based on the idea that exercise of the Union citizens right of residency can be subordinated to the legitimate financial interests of the Member State, including the fact that foreign nationals should not become an â€Å"unreasonable burden† on the public finances of the host state. Nevertheless, those limitations and conditions, laid down in secondary Community legislation, must be applied in compliance with general principles of Community law, and in particular with the principle of proportionality. The Court then found that to deny Mr. Baumbast residence solely on the grounds that he lacked medical insurance for emergency treatment within the United Kingdom would be a disproportionate interference with the exercise of his residency right under Article 18 (1) EC. Conclusion The difficulty with the ECJs case law in this case, but also in other â€Å"social rights† cases, is that the Court, and the EU, â€Å"cannot simply grant full rights of residency to all its citizens, because it cannot foot the consequent welfare bill, especially in respect of economically inactive individuals. The aspiration towards a supranational form of social citizenship, which many see embodied in Article 18, must therefore remain sensitive to domestic conceptions of belonging to (and being excluded from) the welfare society.† Apart from this basic question, many other issues of a more specifically legal nature arise, such as which general principles other than proportionality will be permitted to qualify restrictions imposed by secondary Community legislation. The question is most acute with regard to economically inactive and financially dependent persons: What are the benefits of Union citizenship for them? Should they not be able to derive residency rights from fundamental rights provisions, such as respect for private and family life and for human dignity? Should these rights not have an impact upon the ability of Member States to expel individuals who would otherwise be considered an unreasonable burden upon the public purse? A straight answer to that question would be to grant Union citizens who have been lawfully resident in another Member State, for example, at least five consecutive years â€Å"permanent resident† status regardless of their economic or financial status, as is proposed by the Commission in a draft general directive which, if adopted, would replace much of the existing secondary legislation. References Bright; Christopher. Business Law in the European Economic Area. Oxford University, 1994 Case C-413/99, Baumbast and R v. Secretary of State for the Home Department, [2002] ECR I-7091. Case C-60/00, Mary Carpenter v. Secretary of State for the Home Department, [2002] ECR I-6279. Dougan, Michael and Spaventa, Eleanor; â€Å"Educating Rudy and the (Non-) English Patient: A Double-bill on Residency Rights under Article 18 EC, † 28 ELRev., 2003, 699–712. Forder, Caroline; â€Å"Editorial: Common Minimum European Standards in Immigration Matters, † 9 MJ, 2002, 221–29. Groenendijk, Kees and Guild, Elspeth; â€Å"Converging Criteria: Creating an Area of Security of Residence for Europes Third Country Nationals, † 3 EJML, 2001, 37–59, at 52. Goyder; D. G. EC Competition Law. Oxford University Press, 1998 Jarvis; Malcolm A. The Application of EC Law by National Courts: The Free Movement of Goods. Oxford University, 1998 Leibfried, Stephan; Pierson; Paul; European Social Policy: Between Fragmentation and Integration. Brookings Institution, 1995 Pettit, P. Republicanism: A Theory of Freedom and Government (Oxford: Clarendon Press, 1997). Peers, Steve; â€Å"Implementing Equality? The Directive On Long-Term Third-Country Nationals, † 29 ELRev., 2004, 437–60. Proposal for a European Parliament and Council Directive on the Right of Citizens of the Union and their Family Members to Move and Reside Freely within the Territory of the Member States: COM (2001) 257 final. Reich, Norbert and Harbacevica, Solvita; â€Å"Citizenship and Family on Trial: A Fairly Optimistic Overview of Recent Court Practice with Regard to Free Movement of Persons, † 40 CMLRev., 2003, 615–38. [1] The most important of these measures are: Council Directive 68/360, containing formal requirements for workers and their family members, and Council Regulation 1612/68, concerning the substantive rights and social advantages that workers and their family members enjoy. Further directives relating to rights of residence granted to categories of persons other than genuine workers are: Directive 90/366, replaced later by Directive 93/96, covering students exercising the right of vocational training; Directive 90/365, dealing with persons who have ceased to work; and catch-all Directive 90/364, governing all those persons who did not already enjoy a right of residence under Community law. These three residency directives have in common that the persons involved must have adequate resources not to become a financial burden on the social assistance schemes of the host Member State and must be covered by sickness insurance. For references, see Craig and de Bà ºrca, n. 36 above, 756. Th e scope of these directives was reconsidered by the ECJ in its Grzelczyk and Baumbast judgments mentioned later in the text.

BP and US Government Negotiations Analysis

BP and US Government Negotiations Analysis Zacharia Dainkeh An evaluation and critical analysis of the decision making process and the negotiations and agreement between BP and the US government including other relevant parties positions regarding the out of court settlement with respect to the Deepwater Horizon BP oil spill in the Gulf of Mexico in the United States of America On the 20th of April 2010, the Golf of Mexico was rocked by an explosion from the Deepwater Horizon oil platform, and caused serious environmental and economic damage. In response BP provided a swift response to remedy the crisis by employing the services of Entrix, a renowned environmental consulting firm in the United States to evaluate the oil spill impact. Since Entrix is specialised in assessing crisis such as the impact such as the Deepwater Horizon oil spill. Even though the U. S. administration attempted to distance itself from British Petroleum in handling of the oil spill in the Gulf of Mexico,   the willingness for both parties to work together in assessing the nature and scope of the level of harm caused by oil spill, shows as a notable exception. BP is a British owned MNC/oil company that leased the Deepwater Horizon rig, owned and operated by Transocean, an offshore drilling oil company. The Deepwater Horizon oil spill is as of yet the biggest environmental disaster to have rocked the United States in its history. That precipitated scores of negotiations to settle financial claims of the affected parties, immediately after BP had claimed responsibility. Taken together, the rulings meant that BP was on the hook for a fine of up to $13.7 billion under the Clean Water Act alone. Billions more could be levied from a federal Resource Natural Damage Assessment. Following the 2010 catastrophic BP oil spill off the coast of New Orleans, in the Gulf of Mexico, which instantaneously led to a criminal investigation by the U.S Department of Justice? It would be recalled that this dreadful event induced a quagmire of complex legal proceedings against BP, Transocean and Anadarko for a violation of two Federal Acts of government. At the initial stage the path towards settlement was doubtful, after the September 2014 ruling, during which BP was held to be grossly negligent It was estimated that over 3.19 million barrels of oil was spilled from the disaster off the coastal areas of Southern United States in the Gulf of Mexico. the Clean Water and Oil Pollution respectively. By and large, the rationale of this paper will critically focus to unravel the complexity of the decision making and negotiating process(s) that eventually yielded a compensation settlement to those affected. Beach defines negotiations as actions aimed at helping the parties in a n egotiation to overcome high transaction costs, enabling the achievement of mutually acceptable outcomes that would otherwise not be reached. (Beach, 2012). It is the responsibility of senior management leaders to facilitate negotiations in times particularly in time of crisis, which is considered as part of a strategic management decision making process and shaping the agenda by determining relevant issues to be discussed. Before then, a risk assessment should have been done which will provide an advance warning of any unknown or known recommendation in preparation for the negotiating team of respective parties. The first section seek to identify the relevant parties to the negotiated agreement between British Petroleum (BP) and the (U. S. Department of Justice (USDOJ), which includes relevant claimants and the purported parties responsible for the damaged and the two main dominant party of the final negotiations that derived from the Deep-water Horizon oil spill. This case study will proffer unravel how wide range of issues are addressed in the current literatures of oil spill devastations in relation to the negotiations process and application of the definition and relevant theory to this case study with a supporting argument to justify the dominant party position. The second part of this paper an attempt to illustrate and describe alternative perspectives and approaches that could have been explore by other relevant parties to improved their bargaining outcome that may have reduce or prevent the scale of relative dominance observed as displayed in the decision making and negotiating process that eventually resulted to the structured settlement reached in this case. In the third and final section, the main focus will proffer to provide meaningful suggestions as to the method and approach in future scenario and advise based on the conclusive assessment and analysis of the negotiated parties, with respect to their decision making and negotiating process and its (their) outcome with the relevant lesson learnt based on the BP oil spill structured settlement. Finally, a conclusion will closed this paper with reference drawn from the respective dominant parties, decision making process; lesson learned and proffer solution on lesson learned from the case study, followed by a summarized conclusion. This   paper seek to evaluation and critically analyze the decision-making and negotiated agreement processes between the relevant affected parties with main focus on the two major parties; namely: (British Petroleum-BP), the responsible party for the damages and the relevant claimants main representative on the final negotiated agreement the United States Department of Justice. Furthermore, an analysis of the settlement stages and process towards the structured settlement will also be assessed. An evaluation of the strengths and weaknesses of the interconnected interest of MNC such as BP financial strength, investments, influence and association with the U.S economy and government socioeconomic, environmental and political interest with a need for a balance and an objective assessment that will unravel the true winners and losers of this negotiated agreement. The parties to the agreement are from two separate angles, namely the claimants and responsible partie(s), the claimants are as follows: The United States of America Government represented by The U. U. Department of Justice (USDOJ were the main and dominant party that represented all claimants in the negotiations that concluded the structured settlement reached with BP), U. S. Coast Guard, Florida, Alabama, Louisiana, Mississippi, Texas, media, Oil Industry, Environmental activist and organizations, Fishermen, Tourist-driven Communities, Tourist Driven- Business, Tourists, Oil spill, Cleanup Workers and Home owners and developers. Whiles the responsible parties are British Petroleum (BP owner of the well), who happens to be the dominant responsible party, justification for the dominant parties will be explained later. BP was also the main party that negotiated as the responsible party with the USDOJ, and Transocean (owner and operator of the Deepwater Horizon), both of whom were name d as the responsible parties by the U.S. Coast Guard. For clarity purposes, it is important to understand that among the above mentioned parties the dominant parties in the out of court settlement were BP and the United States Government. This was so because BP owner of the well, with vicarious liability, is the main responsible party and the United States Government as a democratically elected government, for obvious reasons, its part of its responsibilities to not only represent the claimants, but to create a balance between the interest of the victims and the responsible party and to ensure that an appreciated deal is reached in the interest of the victims and the responsible party within an acceptable redress, but   are forced to take one side and be tough with BP to ensure that an adequate compensation is paid that commensurate to the damaged and loss caused. As the main representative of all claimants. It was believed that the government has the required expertise to accurately determine the financial means and compensate those that lost their jobs, property etc by reimbursing them with financial assistance from the responsible party,   If they pay the bills, theyre welcome at the table, said Peter Tuttle, an environmental contaminant specialist with the U.S. Fish and Wildlife Service who is coordinating NRDA activities among Interior Department bureaus. From a superficial glance, the ambition behind this legislation was to redress two major concerns: 1) unbearable delays and 2) fiercely problematic legal battles in subsequent oil spill catastrophes (see Issacharoff and Rave, 2014: 399). The prevailing perspective of relevant actors were mixed as the process continued. To some, the entire agreement was very important especially on the part of BP and the United States government in getting the balance right in an attempt seek its national interest and to protecting its investors (MNC) and BP is keen in regaining back lost confidence from its investors and those residing in the affected areas. With such deal in place, BP was seen to have provided assurances to its current and potential investors that they are willing to sincerely honour their own part of any agreement reached in compensating those residing in the Gulf in case of any environmental harm done whilst they continue to carry out their activities within the Gulf Coast. Why not, some will hold this argument that the fact that BP was willing to stepped aside and allow the establishment of an Independent Claim Facility, it was an efficient move geared towards properly assessing claims and counter claims made by BP to an extent it was ascertained that BP doesnt have what it takes to quantify or properly determined and estimate the damage claims as such responsibility doesnt fall within its functions and was asked to refrained from the matter of surveying and working claims. The Feinberg claims facility though at some point was deemed to have worked more than its predecessor, it also faced serious condemnation on its objectivity in handling the whole process as it was paid by BP and there was a possibility that its more committed to it employer. Criticisms were also made against Feinberg Law firm that the way it handled the process was too slow and marred with delays, tough and unfair in handing out monies. Both claims were denied by BP. Other actors said BP agreed for an out of court settlement because they want to settle the victims far less than what it would have cost them had the matter settle in court. They deliberately and cleverly agreed to allowed the court to monitored the compensation process creating an atmosphere in the minds of the victims that what they are doing is in line with whatever agreement they could have reached in court, but in reality, it was very clear that BP with its financial might, was just too smart and powerful with its n egotiating team for the Golf Oil Spilled victims as the out of court settlement seriously cut down their financial responsibility to the victims. Surprisingly they used the same court they refused to go to monitor the process. Whatever the outcome was, the fact is that, it was always going to be very difficult in determining oil spill disasters against these multi billions oil companies if laid down rules and regulations arent put in place that can stand the test of times. For instance, the International Tankers Owners Pollution Federation states: the tendency to react to political, media public perception and pressures rather than basing decisions on technical realities, is a special problem that can also escalate the cost of any incident beyond what would be considered reasonable under the International Compensation Convention( ITOPF). This is a terrifying one sided analysis with a sense to purely exonerate oil companies that they are often treated unfairly by he mentioned parties during oil spill disasters. Taking these words in to serious consideration one would be tempted to ask whether BP compensation was commensurate to their purported damaged caused in the Deepwater Horizon oil spill in the Guif of Mexico? As there is no laid down straight formula to determine such payments according to the International Tankers Owners Pollution Federation. With incidents and circumstances of oil spill changes from one to another and in most cases depends on close factors say for instance the type of oil, the location of the spill and characteristics of the affected area as well as the effectiveness of the preventive measures and genuine commitment of the management, we shall continue to face problems, if well established rules arent put in place to asses oil spills. The oils and gas industrys was and is said to made significant moves in developing advance technological ideas relating to the extraction of oil in the Deepwater Horizon, but make no mistake, their ideas doesnt stand the test of times. And in terms of developing robust pre-emptive measures to tackle potential oil spills and hold oil companies objectively responsible for potential reckless actions, there is more than meet the eye with the current pre-emptive measures. Whilst some analysts would agree that the $ 500 million from fines and penalties from BP and Transoceans meant to improve precautionary measures through well research based materials with development in education and training was a brilliant move; its also true that large cooperation the likes of BP have well experienced total legal practitioners whose main focus is to always look for loopholes within the ambit of the established laws to minimise financial effect of the company. Currently, laws and policies within the lo ss of multibillion companies for any potential reckless actions against society and people residing in their areas of operations needs reforms to block the use of escape routes in mitigating liability irrespective of political influence. It is imperative that to flesh up my argument by looking at the current liability rule for civilian nuclear power with respect to the Anderson Nuclear Industries Indemnity, which clearly shows the important disparities between the Price Anderson Acts and what the Administration considered supporting in their 2010 discussions with Congressional Staff. From those discussions, it was established that the Price Andersen value total damaged loss at about $ 12 billion in 2011, which was later assumed by analysts may not be sufficient to address future financial damage of any nuclear incident and is also lacking the required precautionary measures. The said Act is also considered to be unfriendly in tackling potential spill situations as it failed to efficiently address the regular payment of premiums for insurance nuclear power plants activities as it only pay in to compensation funds when disaster occur at a nuclear power plant facility and in such situations, such monies exceed the initi al $ 375 million stated operator damage responsibility fees. Its also very important to lay down very clear quality rules and regulations with the clean understanding to check and confirm that the well genuine established preventive measures are correctly adhere to for firms operating in the insurance scheme. With the seldom oil spills, theres a lack of well reliable information to reference in appropriately and fairly determining potential premium for disaster victims. With this in mind, there should be an independent body with continuous free access to check and determine high level of safety with punitive measures for firms that fails to efficiently adhere to the agreed standard rules of operation. The need for sharing information of defaulters in public is also necessary as it will raise genuine concerns within companys shareholders, in the first instance, they will learn about the poor way administration is protecting the credibility of their company. This will move genuine investors to question whether company administrators are genuine enough to operate within the agreed standard laid down rules as part of it operations commitment in the Deep water Horizon. In conclusion, agreed parties can base their strength in the knowledge of the industries and it expertise to form the industry rules and regulations; whilst the government could ask for joint experience guarantee safety as a requirement for any firm to demand authorisation act of boring a hole in the Deepwater Horizon.

Role of Solar Energy for Sustainability

Role of Solar Energy for Sustainability Environmental Sustainability Introduction This paper is based on the environmental sustainability and the role of solar energy in environmental sustainability. Maintaining the qualities such as human life, clean water and suitable climate that are valued in the atmosphere is termed as environmental sustainability. There are various resources and factors, which contribute directly or indirectly in maintaining the quality of environment. The various aspects of environment that produce renewable resources are water, solar energy and timber. In this present scenario, most people want to maintain the capabilities inherent in the natural environment to sustain the conditions of living and the beauty of environment (What is Environmental Sustainability, 2006). Thesis Statement: Eminent role of solar energy towards the establishment of environmental sustainability. Argument Solar energy plays a significant role in sustaining the environment, as it is the most valuable and environmental friendly source of energy. It is the utilization of radiant energy from the sun. Solar distillation and disinfection are the most common techniques used for the purpose of producing potable water. It also supplies energy for cooking, drying and pasteurization. Solar energy is an effective technique, which maintains the quality of environment by different mechanisms such as solar thermal, solar lightening, agriculture horticulture and architecture urban planning. It uses secondary sources of energy along with solar radiation such as wind and wave power, biomass and hydroelectricity, which produce renewable energy (Environmental Sustainability, 2008). Thermal mass is primarily used for the purpose of conserving the heat of the sun. It is the increasingly used source of energy generation because of its economic feasibility. Apart from this, solar energy has various advantag es such as it is environmental friendly and more easily accessible technique in comparison to other techniques of energy generation. It provides various technologies for heat generation and collection, which proves its importance in environmental sustainability (What is Solar Energy, 2005). Support to the argument Solar energy is the most effective source of producning energy and plays an important role in environmental sustaining. This can be explained by the help of five elements: Economoicall feasibility: It is a more feasible economic source in copmrison to other sources of energy producing, as it is cost effective(in the case of greenhouse) and technologically advanced( in the case of solar lighting ). Environmental friendly: It is an envrinmental friendly source as most of the solar electricirty generated vehicles produce no emissions. In this way, they are non pollutant and safe for the people. Non cosumptive source: The radiation of sun is a limitless resource of energy, so it does not require any destrucive process, which is another advantage of this technique. Security and distribution: The prices of solar electricity, which is produced through photovaltaic cells does not flactuate with the supply pattrens, so it is the best source of energy generation. The distribution cost is less in case of solar electricity, which is produced by the technology of solar energy. This is another positive approach of using solar enegry in environmental sustainability. Save energy and other resources: Solar energy also assists the people in saving energy and other valuabl resources by solar lighting and thermal mass. Thus, it helps in maintaining environmental sustainability. Apart from the above mentioned elements, many other arguments favoring it describe that solar energy is the vital source of producing energy for millions of people through the utilization of different technologies. Solar technologies are widely used in day to day practices and also offer various benefits, which in turn assist in sustaining the environment. Architecture and urban planning: Solar energy assists the architectures in designing of building, as it includes many aspects such as thermal mass, shading and sun orientation. Apart from this, it is also helpful in effective urban planning (Vlek Steg, 2007). Solar lighting: Solar energy implements the concept of day lighting in the interiors of many buildings, which reduces the need for artificial lighting. Hybrid solar lighting is another concept, which is used to provide illumination. /a> Source: New York Times Heating cooling and ventilation: Solar energy reduces the use of artificial methods involved in heating, cooling and ventilation by implementing the use of thermal mass. Solar chimneys are increasingly used to offset the significant part of energy used by other methods. Solar disinfection and distillation: Solar disinfection is used to produce water purifier and considered to be as the viable and safe source of household treatment. Solar distillation is the mechanism of producing potable water from the saline water through the help of solar energy and is considered the most economical source of producing water (Stipanuk, 2006). Agriculture and horticulture: Solar energy technologies assist in growing fruit walls and vegetables in an effective manner by using the solar energy. The concept of greenhouse is also used increasingly as it saves the solar heat. Water heating: This system is used to heat water by using sunlight and considerd as an effective method as it is an eco-friendly system. Counter Argument Solar energy offers various advantages of using it at broad level but there are some limitations of using it, which reject the concept of using solar energy in the energy production. Expensive source: Solar energy is useful when the sun shines but in the course of night these expensive solar equipemnts are useless. It is the drawback of using the solar energy for generating electricity and heat. Location: It is another disadvantage of using solar nergy in electricity generation, as solar equipements require large areas for installation, hence if the area is limited, it will create problems (Disadvantages of Solar Energy, 2008). Dilution: As solar energy is diluted, it requires a lot of solar collectors for the purpose of storing solar energy effectively. Solar collectors are expensive and need a heavy mainatanance for proper functioning. So, the return on investment is also maximum in comprison to other resources, which generate electricity for environmental sustainability. So these are the disadvantages of using solar energy in generating electricity and these forms the basis of not using it as the source of energy, as in the shortage of energy resources, it becomes price competitive source in comparison to other sourecs (Advantages and Disadvantages of Solar Energy, 2008). Conclusion On the basis of above discussion on the role of solar energy in environmantal sustainability, it is concluded that it is worthy enough to implement the concept of solar energy in electricity generation. Solar energy is an important source of electricity generation, as it saves the cost included in other sources of electricity generation. It is an evironmental friendly technique, as the solar vehicles are eco-friendly and do not emmit pollutant substances in the atmosphere. It is also an economically viable source, as it uses technological advanced insturments in electricity generation. It is also an cost effective source, as there is no distribution cost involved in its distribution. Water heating through the use of solar energy teachnology is also an effective method because it saves the environment from pollution. All of these statements with regard to solar energy prove its increasing use in present scenario. Hence, solar enegry is useful in environmental sustainability in an effe ctive manner. References Advantages and Disadvantages of Solar Energy. (2008). Retrieved July 25, 2008 http://www.buzzle.com/articles/advantages-and-disadvantages-of-solar-energy.html Disadvantages of Solar Energy. (2008). Retrieved July 25, 2008 from http://www.clean-energy-ideas.com/articles/disadvantages_of_solar_energy.html Environmental Sustainability. (2008). Retrieved July 25, 2008 from http://www.cgg.wa.gov.au/Council/Consultation/Plan_for_the_Future/Environmental_Sustainability.asp Stipanuk, D.M. (2006). Hospitility Facilities Managemnet And Design (3rd edition). Texas: Culinary and Hospitality Industry Publications Services. Vlek, C. Steg, L. (2007). Human Behavior and Environmental Sustainability. USA: Blackwell Publishing. What is Environmental Sustainability. (2006). Retrieved July 25, 2008 from http://www.ces.vic.gov.au/CES/wcmn301.nsf/childdocs/-441BB07721D61152CA256F250028C5FB?open What is Solar Energy. (2005). Retrieved July 25, 2008 from http://www.prometheus.org/research/whatissolar