Prescription Drug Abuse Essay

Prescription drug abuse has had a strong hold on American society for decades and it does not appear to be diminishing. While some drugs have decreased in popularity over the years others have increased. For instance, there has been a surge in the popularity of Ecstasy and other â€Å"Club† drugs and an increase in marijuana use over the past few years. While society has taken steps in the right direction by supporting treatment programs for addicts and drug abuse prevention programs much more must be done to lower the current trend of substance abuse in our culture. For now, we will be arguing upon the abuse of prescription drugs. What Are Prescription Drugs? Prescription drugs are medications regulated by the U.S. government. These medications are helpful in treating a variety of health conditions and are only available when prescribed by a doctor or other healthcare professional. The government restricts these medications because they may be harmful if they are not taken properly or if they are combined with other medications (Firshein, 2005). Doctors and other healthcare professionals are highly trained and experienced at selecting the best medication to use for a certain condition. The type of medication and the dosage prescribed is carefully determined. It’s very important that the doctor’s directions are followed exactly to help treat the condition for which it was prescribed and to make sure the medication doesn’t cause unwanted effects (Kalb, 2001). Two recent events of deaths occurred due drug abuse. Tabloid star Anna Nicole Smith’s son Daniel died of a drug overdose, an inquest jury in the Bahamas ruled on March 31st 2008 (Reuters). Australian actor Heath Ledger’s death was an accident caused by the abuse of prescription medications, the New York City medical examiner’s office said on February 6th 2008 (Reuters). Taking prescription drugs in a way that hasn’t been recommended by a doctor can be more dangerous than people think. In fact, it’s drug abuse. Moreover, it’s just as illegal as taking street drugs. But some people experiment with prescription drugs because they think they will help them have more fun, lose weight, fit in, and even study more effectively. Prescription drugs can be easier to get than street drugs: Family members or friends could have a prescription. But prescription drugs are also sometimes sold on the street like other illegal drugs. A 2006 National Survey on Drug Use and Health showed that among all youths aged 12 to 17, 6% had tried prescription drugs for recreational use. Most patients take medicine responsibly, but approximately 9 million Americans used prescription drugs for non-medical purposes in 1999, according to the National Institute on Drug Abuse (NIDA). Non-medical purposes include misusing prescription drugs for recreation and for psychic effects–to get high, to have fun, to get a lift, or to calm down. Experts stress that prescription drug abuse isn’t about bad drugs or even bad people. It involves a complex web of factors, including the power of addiction, misperceptions about drug abuse, and the difficulty both patients and doctors have discussing the topic. Why? Some people think that prescription drugs are safer and less addictive than street drugs. After all, these are drugs that moms, dads, and even kid brothers and sisters use. But prescription drugs are only safe for the individuals who actually have prescriptions for them. That’s because a doctor has examined these people and prescribed the right dose of medication for a specific medical condition. The doctor has also told them exactly how they should take the medicine, including things to avoid while taking the drug — such as drinking alcohol, smoking, or taking other medications. They also are aware of potentially dangerous side effects and can monitor patients closely for these. Other people try prescription drugs because they think they’re not doing anything illegal because these drugs are prescribed by doctors. But taking drugs without a prescription — or sharing a prescription drug with friends — is actually breaking the law. Some people mistakenly think that prescription drugs are more powerful because you need a prescription for them. But it’s possible to abuse or become addicted to over-the-counter (OTC) medications, too. For example, dextromethorphan (DXM) is found in some OTC cough medicines. When someone takes the number of teaspoons or tablets that are recommended, everything is fine. But high doses can cause problems with the senses (especially vision and hearing) and can lead to confusion, stomach pain, numbness, and even hallucinations. A Look In The Past According to the 1999 National Household Survey on Drug Abuse, in 1998, an estimated 1.6 million Americans used prescription pain relievers non-medically for the first time. This represents a significant increase since the 1980s, when there were generally fewer than 500,000 first-time users per year. From 1990 to 1998, the number of new users of pain relievers increased by 181 percent; the number of individuals who initiated tranquilizer use increased by 132 percent; the number of new sedative users increased by 90 percent; and the number of people initiating stimulant use increased by 165 percent. In total, in 1999, an estimated 4 million people – almost 2 percent of the population aged 12 and older – were using certain prescription drugs non-medically: pain relievers (2.6 million users), sedatives and tranquilizers (1.3 million users), and stimulants (0.9 million users) (oas.samhsa.gov). More Recently†¦ Data from the 2003 National Survey on Drug Use and Health (NSDUH) indicate that 4.0 percent of youth ages 12 to 17 reported non-medical use of prescription medications in the past month. Rates of abuse were highest among the 18-25 age group (6.0 percent). Among the youngest group surveyed, ages 12-13, a higher percentage reported using psychotherapeutics (1.8 percent) than marijuana (1.0 percent) The National Institute on Drug Abuse Monitoring the Future survey of 8th, 10th, and 12th graders found that the non-medical use of opioids, tranquilizers, sedatives/barbiturates, and amphetamines was unchanged between 2003 and 2004. Specifically, the survey found that 5.0 percent of 12th graders reported using OxyContin without a prescription in the past year, and 9.3 percent reported using Vicodin, making Vicodin one of the most commonly abused licit drugs in this population. Past year, non-medical use of tranquilizers (e.g., Valium, Xanax) in 2004 was 2.5 percent for 8th graders, 5.1 percent for 10th graders, and 7.3 percent for 12th graders. Also within the past year, 6.5 percent of 12th graders used sedatives/ barbiturates (e.g., Amytal, Nembutal) non-medically, and 10.0 percent used amphetamines (e.g., Ritalin, Benzedrine) (oas.samhsa.gov). Which Drugs Are Abused? The most commonly used prescription drugs fall into three classes: Opioids Examples: oxycodone (OxyContin), hydrocodone (Vicodin), and meperidine (Demerol) Medical uses: Opioids are used to treat pain or relieve coughs or diarrhea. How they work: Opioids attach to opioid receptors in the central nervous system (the brain and the spinal cord), preventing the brain from receiving pain messages. Central Nervous System (CNS) Depressants Examples: pentobarbital sodium (Nembutal), diazepam (Valium), and alprazolam (Xanax) Medical uses: CNS depressants are used to treat anxiety, tension, panic attacks, and sleep disorders. How they work: CNS depressants slow down brain activity by increasing the activity of a neurotransmitter called GABA. The result is a drowsy or calming effect. Stimulants Examples:  methylphenidate (Ritalin) and amphetamine/dextroamphetamine (Adderall) Medical uses: Stimulants can be used to treat narcolepsy and  ADHD. How they work: Stimulants increase brain activity, resulting in greater alertness, attention, and energy (Vranken, 2007). What Are the Dangers of Abusing Medications? Whether they’re using street drugs or medications, drug abusers often have trouble at school, at home, with friends, or with the law. The likelihood that someone will commit a crime, be a victim of a crime,  or have an accident is higher when that person is abusing drugs — no matter whether  those drugs are  medications or street drugs. Like all drug abuse, using prescription drugs for the wrong reasons has serious risks for a person’s health. This risk is higher when prescription drugs like opioids are taken with other substances like alcohol, antihistamines, and CNS depressants. CNS depressants have risks, too. Abruptly stopping or reducing them too quickly can lead to seizures. Taking CNS depressants with other medications, such as prescription painkillers, some over-the-counter cold and allergy medications, or alcohol can slow a person’s heartbeat and breathing — and even kill. Abusing stimulants (like some ADHD drugs) may cause heart failure or seizures. These risks are increased when stimulants are mixed with other medicines — even OTC ones like certain cold medicines. Taking too much of a stimulant can lead a person to develop a dangerously high body temperature or an irregular heartbeat. Taking several high doses over a short period of time may make a drug abuser aggressive or paranoid. Although stimulant abuse might not lead to physical dependence and withdrawal, the feelings these drugs give people can cause them to use the drugs more and more often so they become a habit that’s hard to break. The dangers of prescription drug abuse can be made even worse if people take drugs in a way they aren’t supposed to. Ritalin may seem harmless because it’s prescribed even for little kids with ADHD. But when a person snorts or injects Ritalin, it can be serious. And because there can be  many variations of the same medication, the dose of medication and how long it stays in the body can vary. The person who doesn’t have a prescription might not really know which one he or she has. Probably the most common result of prescription drug abuse is addiction. People who abuse medications can become addicted just as easily as if they were taking street drugs. The reason many drugs have to be prescribed by a doctor is because some of them are quite addictive. That’s one of the reasons  most doctors won’t usually renew a prescription unless they see the patient — they want to examine the patient to make sure he or she isn’t getting addicted. (Vranken, 2007) Extent of Use Data from the National Drug Intelligence Center’s 2006 National Drug Threat Survey (NDTS) reveal that 78.8% of state and local law enforcement agencies reported either high or moderate availability of illegally diverted pharmaceuticals (National Drug Intelligence Center, 2006). According to the 2006 National Survey on Drug Use and Health (NSDUH), approximately 49.8 million Americans aged 12 or older reported non-medical use of any psychotherapeutic at some point in their lifetimes, representing 20.3% of the population aged 12 or older. Nearly 7 million Americans aged 12 or older reported current (past month) use of psychotherapeutic drugs for non-medical purposes, representing 2.8% of the population. In this report, psychotherapeutics include any prescription-type pain reliever, tranquilizer, stimulant, or sedative but do not include over-the-counter drugs (Substance Abuse and Mental Health Services Administration, 2007) Percent of U.S. Household Population 12 and Older Reporting Past Month Non-Medical Use of Psychotherapeutics, 2006, by Age    12-17 18-25 26 or older 12 or older Non-medical use of psychother.   Ã‚  Ã‚  3.3%   Ã‚  Ã‚  6.4%   Ã‚  Ã‚  2.2%   Ã‚  Ã‚  2.8%   Ã‚  Ã‚  Ã‚  Pain relievers 2.7 4.9 1.5 2.1   Ã‚  Ã‚  Ã‚  OxyContin 0.1 0.4 0.1 0.1   Ã‚  Ã‚  Ã‚  Tranquilizers 0.5 2.0 0.5 0.7   Ã‚  Ã‚  Ã‚  Stimulants 0.6 1.3 0.3 0.5   Ã‚  Ã‚  Ã‚  Sedatives 0.2 0.2 0.2 0.2 Additional data from the 2006 NSDUH show that 2.2 million people, aged 12 or older, initiated nonmedical use of prescription pain relievers within the past year. Each year, the Monitoring the Future (MTF) study asks drug use and related questions of 8th, 10th, and 12th graders nationwide. MTF provides usage estimates for alcohol, tobacco, illegal drugs, and substances that are only legally available by prescription. The study includes data for the non-medical use of amphetamines, stimulants including Ritalin, and sedatives (barbiturates) including: methaqualone, tranquilizers, the narcotic pain relievers Vicodin and OxyContin, as well as GHB, Ketamine, and Rohypnol, which is not legal for prescription in the United States. Survey respondents were asked to exclude from their responses any use of prescription drugs that occurred under medical supervision (National Institute on Drug Abuse and University of Michigan, 2007). MTF data for 2007 show that lifetime prevalence rates for amphetamine use without a doctor’s orders were 6.5% for 8th graders, 11.1% for 10th graders, and 11.4% for 12th graders. Percent of Students Reporting Lifetime Non-Medical Use of Psychotherapeutics, 2007, by Grade Drug 8th Grade 10th Grade 12th Grade Amphetamines   Ã‚  6.5%   11.1%   Ã‚  Ã‚  11.4% Sedatives n/a n/a 9.3   Ã‚  Ã‚  Ã‚  Methaqualone n/a n/a 1.0 Tranquilizers 3.9 7.4 9.5 Approximately 9.6% of 12th graders surveyed in 2007 reported annual (past year) use of Vicodin without a doctor’s orders. Percent of Students Reporting Annual Non-Medical Use of Prescriptions, 2007, by Grade Drug 8th Grade 10th Grade 12th Grade OxyContin   Ã‚  Ã‚  1.8%   Ã‚  Ã‚  3.9%   Ã‚  Ã‚  5.2% Vicodin 2.7 7.2 9.6 Amphetamines 4.2 8.0 7.5   Ã‚  Ã‚  Ã‚  Ritalin 2.1 2.8 3.8 Sedatives n/a n/a 6.2 Methaqualone n/a n/a 0.5 Tranquilizers 2.4 5.3 6.2 According to data from the Bureau of Justice Statistics, approximately 21.3% of State prisoners and 16.9% of Federal prisoners surveyed in 2004 indicated that they abused depressants at some point in their lives. For this report, depressants were defined to include barbiturates, tranquilizers and Quaalude (Bureau of Justice Statistics, 2006) Tips for Taking Prescription Medication What if a doctor prescribed a medication for you and you’re worried about becoming addicted? If you’re taking the medicine the way your doctor told you to, you can relax: Doctors know how much medication to prescribe so that it’s just enough for you. In the correct amount, the drug will relieve your symptoms without making you addicted. If a doctor prescribes a pain medication, stimulant, or CNS depressant, follow the directions exactly. Here are some other ways to protect yourself Keep all doctors’ appointments. Your doctor will want you to visit often so he or she can monitor how well the medication is working for you and adjust the dose or change the medication as needed. Some medications must be stopped or changed after a while so that the person doesn’t become addicted. Make a note of the effects the drug has on your body and emotions, especially in the first few days as your body gets used to it. Tell your doctor about these. Keep any information your pharmacist gives you about any drugs or activities you should steer clear of while taking your prescription. Reread it often to remind yourself of what you should avoid. If the information is too long or complicated, ask a parent or your pharmacist to give you the highlights. Don’t increase or decrease the dose of your medication without checking with your doctor’s office first — no matter how you’re feeling. Finally, never use someone else’s prescription, and don’t allow a friend to use yours. Not only are you putting your friend at risk, but you could suffer, too: Pharmacists won’t refill a prescription if a medication has been used up before it should be. And if you’re found giving medication to someone else, it’s considered a crime and you could find yourself in court (Vranken, 2007).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In conclusion, abusing prescription drugs can affect your relationship with your family. It can create problems at school and with your future education. You may end up losing some longtime friendships or be forced to give up some of your favorite activities. Moreover, you could get into some serious problems with the law. Listed above are so many reasons not to abuse what can be of good use. As Albus Dumbledore said in book one of Harry Potter, â€Å"use it well†. Bibliography David Friedman. Drugs, Violence and Economics. Retrieved on May 2 2008, from http://www.daviddfriedman.com/Academic/drugs_and_violence/Drugs_and_violence.html Kalb, Claudia. (2001). Playing With Painkillers. Newsweek. 45-47 Firshein, Moyers. (2005). â€Å"Our Current Policy† PBS Home. PBS. Substance Abuse and Mental Health Services Administration. (2007). Results from the 2006 National Survey on Drug Use and Health: National Findings (Office of Applied Studies, NSDUH Series H-32, DHHS Publication No. SMA 07-4293). Rockville, MD. Retrieved on May 2 2008, from http://www.oas.samhsa.gov/nsduh/2k6nsduh/2k6Results.cfm Michele Van Vranken, MD, November 2007. Retrieved on May 2 2008 from The Nemours Foundation. http://www.kidshealth.org/PageManager.jsp?dn=KidsHealth&lic=1&article_set=39861&cat_id=20140& â€Å"Prescription Drug Use and Abuse† by Michelle Meadows. Retrieved on May 2, 2008 from http://www.fda.gov/fdac/features/2001/501_drug.html. U.S. Food and Drug Administration National Drug Intelligence Center, National Drug Threat Assessment 2007, October 2006 Substance Abuse and Mental Health Services Administration, Results from the 2006 National Survey on Drug Use and Health: National Findings, 2007 National Institute on Drug Abuse and University of Michigan, 2007 Monitoring the Future Drug Data Tables, December 2007 Bureau of Justice Statistics, Drug Use and Dependence, State and Federal Prisoners, 2004, 2004, October 2006

Mask Work in Drama Essay

Our mask work in drama was an experience that I very much enjoyed very much. It also made me a better drama student because I increased my body movement far more as my face could not be seen. It has also shown me that with a mask on you can go for it with your body movement but you should go for it just as much with out a mask on. Fragments This part of the portfolio is where I say what Fragments of Mask work I learnt and enjoyed. Key word Fragments: Fragments of movement we mainly made up our self’s but always had to keep them ritualistic and precise. The movement we were taught in certain lessons were from a ritual and had to be Ritualistic and precise so every move was important. Examples of fragments I learnt in the lessons regarding Mask work: I remember the first lesson that we did mask work I was so unsure weather I would like it or not. What we did was sat in a circle Miss Grenene did movements that we had to copy in a ritualistic style. Then she made up copy the ritual routine with sounds so eventually we were all doing the same movements and sounds making us a chorus. Then she made us carry on the ritual adding sounds and movements on to it as we go. Miss was also playing the drum, which made it sound like an ancient ritual war drum. I felt unsure while doing this but however my emotions became more confident as the class ritual got better and better. The feelings I had were that I had to keep together with the group like a chorus should. Real life sounds and memories of sounds and movements were used in that ritual to carry on to making our own ritual. Like clapping whistling stomping all kinds of sounds and movements. All these ideas ran through my h ead and I was thinking this is good so why not add this, this and this to the piece. This was the starting point for our work as next we had to do a ritual in masks, which really does complete the ritual. I had to team up with Ross, Jack, Lisa and Joe to perform a Ritual of travelling from a neutral calm place to a hot place, to a cold place and then a funny place. I discovered on this first performance with a mask that because my face was covered up I had to express my character with my body and even more so as I didn’t have speech. We all had to huddle together as well to look like a chorus. Sadly I felt nervous on that performance as everyone was moving at different times and I could not keep up so it went badly. For the movements I thought I should look freezing and act it and look hot and act it for the others I did the same basis for the ritual. I understand that a ritual is to be a serious occasion and you should act serious and focused while acting out a ritual like for example in a funeral or wedding. Which brings me onto my next piece which was when me Jack, Lauren, Keeli, and Michelle were acting out a wedding. The manor of this performance had to be serious and precise which it was. We did slow clear-cut movements that flowed and were symbolic to a wedding. This was a good piece when we performed it however the white cloth got caught in Keelis hair and we all ended up laughing. When we performing it I saw weddings on t-v and in real life and saw how formal they were, so I decided to draw my performance from that. I played the vicar and with the mask on I felt that Ginny was gone and the Vicar of the wedding was there. I felt calm and good about this performance as it was done well but we all laughed which emphasized even more the need t be serious in a ritual. Not one of my fragments up until now has made me happy with Mask Work. Not because I don’t like because I always couldn’t do my role correctly in movement or voice. Now I was put in a group for my moch exam and I was brilliant and confident from the word go I had no problem expressing my self and loved it. I feel that i f I did it once I can do it again maybe it was the pressure of the exam that made me do well, however I am far more confident with mask work after that. Response: My emotional response to mask work is to approach it in a willing way. I felt like I had failed whenever I didn’t give a good performance, which was most of the time, which hindered y confidence. I felt down like I did not know what I was doing wrong for a long time this made me frustrated with the work. This made me more determined though because I love drama so much I was not going to be perturbed by improvements that could and were in the end made. Also while we were trying new things I felt happy or sad or angry and this was related to the movements. I found that moving a lot made me happy and I could do that a lot if I was down. My Intellectual response to the work was to always be prepared and try everything and improve. I always wanted to intellectually give a good input to work and get a good out put from it. Ideas were always flowing into my head to put into a drama piece, but sadly I didn’t know when to stop. The movements that we explored were always ritualis tic and expressive according to the character or ritual we were playing in. In our moch exam I was so pleased with the response I gave to the work, which were magical ideas, and ritualistic movements, which got a good response, back this made me pleased. I always felt ready to try but had varied emotions through out mostly of focus and confusion to the drama piece. Development: Fragments were connected and developed as we learned more and put our increasing mask work techniques together into a ritual piece. Like our sounds like drumming or humming were connected to movements. For example a scream sound+ hands trying to pull your hair out could = an insane person in ritual. Another example could be a person with clawed hands above their head + a long grunt could = a person in a ritual who is angry. Mask + Movement = A soundless piece of drama where only the body can interpret the ritual using serious prà ¯Ã‚ ¿Ã‚ ½cis and ritualistic movement. Also you must always have your head forward and facing the audience. Then you should have your shoulders back and have clear ritualistic movements and if there is sound use it so it’s clear and relevant also loud or quite depending on the mood. Mask +Movement+ Sound= A Ritual with expressive movement and sounds were effective adding atmosphere depending on the ritual piece. Mask+ Movement+ Sound+ Music= For example a piece of mask work like Oedipus which was the play we did and turned into a ritual. Fro sound we used words from the play like death, marriage, hanging, the grouching of the eyes. Then we linked these to ritualistic movements like people dieing and the grouching of the eyes. We used the music when there was a lot of tension at a high peak of the ritual. The chorus did movements all together this looked very effective and I liked the way they all moved at different level but still looked like a chorus in a ritual. Evaluation: The moch exam we did was based on a play called Oedipus and which we had to extract 10 words and turn it into a ritual with movement and music. Our 10 words were: Death, Marriage, Hanging, Grouching, Suffering, Hurl me, Madness, stabbing daggers, pain, and loved ones. The chorus which was Niki, Chris, Kirsty, Joe and Michelle used slow movements and long drowning words which made the ritual sound like a world of despair. I was the narrator and I said about the Marriage, death and hanging and the gouging of the eyes in the beginning. This was very effective and then at the end I came on screaming madness. Then the madness the chorus came out and stabbed me to death then I said the madness is done like I was closing the ritual. I must say I loved the way every ones movements were so precise and ritualistic. This so effective and the sounds we used symbolized the movements we did which made it look really good. I liked it because it flowed well and the sounds were loud and expressive. If I had to change something about the ritual it would be the fact that we could have moved more in time and also that the music could have been used more to show tension. Also the clothes were good too Red symbolising blood and black is the madness of killing. The other groups were so good as well I learnt that from them practise makes perfect. They were so realistic in voice and movement. Especially Sheryl and Daniel in voice. The choruses in all the groups could have moved better though. From this the thing I have learned that everyone must work on is their movements. The audiences were so good they gave us a lot of claps and support to spur us on.

Ugly Discrimination by A.S Article Example | Topics and Well Written Essays - 250 words

Ugly Discrimination by A.S - Article Example However, the article also mentions that since unattractiveness is one of the features that can be partially controlled by people themselves; they tend to spend lots of money trying to look attractive. In my opinion, the research findings are legitimate because employers do tend to keep factors such as race, gender and appearance in mind before deciding on a suitable employee for their organizations. Since these employers do not have any means of assessing the abilities of a potential candidate, they resort to past experiences of certain races or genders to infer future performance of candidates. Furthermore, cleanliness and good appearance leave positive impressions on employers, which in turn create a bias towards clean people. However, this does not imply that such discrimination is acceptable. Most successful companies claim to be equal opportunity employers, boasting a strictly ethical selection process and work environment. Discrimination in any form negates this claim and hence should be eliminated. Appearance, race or gender does not ensure an able and successful employee. Recruitment should only be carried out on merit based on qualifications and experience only. The article has successfully highlighted an important issue that is currently widespread. This issue has forced potential candidates, and current employees, to spend a great deal on ensuring that their looks and appearance are perfect.

The art and Science of Teaching Essay Example | Topics and Well Written Essays - 1250 words - 1

The art and Science of Teaching - Essay Example Because of this, the academia has continuously tried to define and categorize teaching, in order to determine and improve its efficacy. These attempts of categorization have often led to perceiving teaching variously as â€Å"science† and â€Å"art†, pitting one definition against the other. Students can be from different age groups, regions, social backgrounds, may be eager or not so keen to learn, may have different personalities. The same goes for teachers. Subjects may vary from micro biology to dancing and all the other things between and beyond. Despite this diversity, or perhaps because of it, there is an undeniable need for standardized teaching techniques, so that the extraneous factors affect the learning process but little, and maximum knowledge is imparted effectively to maximum number of students, in the shortest possible time. This calls for a scientific approach to teaching, which recommends the use of a pre-determined methodology to aid learning. The application of operant conditioning to education is simple and direct. Teaching is the arrangement of contingencies of reinforcement under which students learn.....Teachers arrange special contingencies which expedite learning, hastening the appearance of behavior which would otherwise be acquired slowly. (Skinner, 1968) Proponents who perceive teaching as a science believe that it is possible to eliminate chance from the process of education, which can be ordered, monitored and controlled, much like in a scientific experiment. According to them, this can be achieved by the careful choice of learning materials and the rate at which they are introduced, modulated student-teacher interactions, and most importantly, an unbiased focus on learning outcomes. Teaching, like science, is at its best when it is passionate. But like good scientists (and unlike artists) teachers need not--should not be captivated by their own performance.

Analytical brief Essay Example | Topics and Well Written Essays - 500 words

Analytical brief - Essay Example Earth & Space Science professor and Quaternary Research Center director Eric Steig states that this is a fact and there is no theoretical basis that this is a natural cycle (p.5). Although there are different findings on this issue, a new study on these upswings associates with the rise of the temperature of the ocean surface. Scientists are still not in consensus on the possible cause of this issue. Heat waves will be more frequent and more intense as temperatures rise (Gore et al., An Inconvenient Truth). He presents a record of the temperature increase in correlation to the heat waves the globe experienced in the history. The data gathered prove that as the average increases, the extreme goes up as well. Global sea levels could rise by more than 20 feet (6 meters) with the loss of shelf ice in Greenland and Antarctica, devastating coastal areas worldwide (Gore et al., An Inconvenient Truth). Gore argues that the melting of Greenland and Antarctica, due to rise on CO2 level cause e xtreme flooding by 2050. Although scientists believe that if Greenland and glaciers in the Antarctic melt, this will cause an increase in the sea level which will cause the low-lying areas to submerge into water. But they have different estimates on when this would happen. Some say that if the temperature rises to 3C, which is 5.4F within the next 100 years, there is a big possibility that Gore’s claim may happen (Nielsen-Gammon 22). With all the claims mentioned and data presented, how does Gore intend to combat our devastating predicament? His main point is to lower energy consumption to decrease the greenhouse gas effect by the use of Electranet. This will replace our fuel-consuming engines found in cars, factory machines and the likes. Coming from an environmental activist point of view, this will definitely help reduce our greenhouse gases that are the main cause of global warming. However, apart from some inaccuracies in his claims, Gore also fails to

Access and Accessibility Literature review Example | Topics and Well Written Essays - 1250 words

Access and Accessibility - Literature review Example The obvious aspect, therefore, is that accessibility is linked with numerous socio-economic opportunities and hindrances. Accessibility refers to the measure of the ability of a location to be reached by different people around it, or to reach different locations. It is, thus apparent that the scope and arrangement of all transport infrastructures are essential in determining accessibility to green spaces in urban areas (Comber et al 2011, p. 30). Access, on the other hand, refers to the capacity to go into or leave a green space. Access is, hence an absolute determinant of whether a location can be entered or exited. This paper appreciates both the concepts of access and accessibility and looks into the intricacies of both geographical elements with regard to green spaces in urban areas (Van 2007, p. 18). This is bound to provide an in-depth understanding of the green spaces in towns and cities, offering leeway for determining accessibility and access of green spaces in major towns (Van Herzele 2003, p. 120) As noted, access and accessibility are quite distinct. While accessibility varies according to one’s position, access is a relative concept, which is equal for all persons in an area. For instance, an areas of green space can be accessible by any person, be it by persons of high socio-economic status, low status, persons with disabilities, or fully-able bodied persons. Access to urban green space is, therefore, uniform wherever one is situated in the vicinity of the green space, provided that there is a capacity to enter or exit the green space (Heywood, Carver and Cornelius 2006, p. 96). When assessing the viability of the green spaces in urban areas, two important concepts must be considered. These are distance and time. These two factors typically affect accessibility in different capacities. Firstly, distance between the green space and a person’s location is bound to affect one’s ability to reach the green space and the time it takes to arrive at the green s pace (Handy and Niemeier 1997, p. 1183). In addition, time is relative in terms of the duration it takes for a green space to develop fully after its establishment. Time is relative because different locations within an urban area have distinct speed limits, which affect the time taken to travel through these locations. Distance does not change, but is it a contributor to the overall speed used to reach a specific green space. Because not all locations within an urban area are equally accessible, this implies inequality. The concept of accessibility, therefore, relies on two paramount factors that is the location and distance. Analyzing distance and location of the green space is a key aspect of GIS analysis (Kong, Yin, and Nakagoshi 2007 , p. 249). Firstly, location measures accessibility with regard to other green spaces in the areas and around the urban area. Infrastructure supports movement to and from green spaces. This implies that accessibility of green spaces is relatively p roportional to a

Effective Political Campaigning in the United States Research Paper

Effective Political Campaigning in the United States - Research Paper Example In the contemporary politics; political campaigns in high profile societies normally involve candidates seeking positions such as head of government or state (Webb et al., 2002). The following essay will cover the keys essential to effective political campaigning, the role of campaign strategist and budget director in meeting the keys to effective political campaign. The essay will sum up by providing some of the lessons that can be learnt in conducting political campaigns and how they can be applied in improving local campaigns. Keys to effective political campaigning Any effective political campaign must put into force various elements to guarantee victory for the political position. These comprise of a political or campaign message, effective campaign financing and efficient organization of the entire political strategy (Richard & Mair, 2005). The campaign message comprises of the vision the candidate intends to share with the potential voters. This normally contains numerous poin ts of discussion in relation to policy matters. These points are frequently repeated with an aim of creating a lasting intuition among the voters. For instance, In Obama’s campaign the campaign message was â€Å"The Change we can believe in†. Besides, a successful campaign must have effective mobilization and management of campaign finance. Potential donors must be attracted by the political manifesto which will enhance effective political campaign. ... Campaign strategist may also be referred to as a campaign managers, consultants or pollsters (Xap Corporation, 2009). Campaign strategist advice candidates during campaigns and at times may continue working during the politician’s term in office. They judge what the electorate needs from leaders and assess how they may react to new policies. A campaign strategist plays a great role in ensuring that the campaign is adequately funded to ensure that the party meets all the voters’ needs (Phillips, Reynolds and Reynolds, 2010). They organize fund raising events to raise funds needed for the campaign. When organizing for funding raising, campaign strategist help identify the best sources of funds for the campaign and reach out to these groups. To convince different individuals contribute finances for the campaign; strategists design the most appealing approaches and especially when it comes to getting money from the private groups. In fund raising, campaign strategists may d irectly solicit funds, use of the internet or organize events (Xap Corporation, 2009). On the other hand, the budget director also plays a great role in ensuring that the funds available for campaign are effectively allocated to critical different areas that require funding. Moreover, they work hand in hand with the campaign strategist when organizing for fund raising for campaigns. Presence of a budget director in a campaign gives the financers of the campaign that their finances are effectively used in the campaigns. Budget directors also act as accountants during campaigns and are needed in regulation of use of campaign funds by the government and

Assessment of recent developments in financial reporting Essay - 1

Assessment of recent developments in financial reporting - Essay Example 84). This essay focuses on the most recent trends in UK financial reporting standards analysed on the example of the Annual Report of BAA plc for 2004/05. The essay argues that the movement towards convergence with international accounting standards is helpful enough to provide shareholders with more transparent information on companies' performance. Yet, changes that are made have their drawbacks, which are also discussed. Standartisation in accounting becomes of greater importance as business relations continue to stretch over national borders converging into an integrated global international environment. A number of companies operating worldwide increases; therefore it is more effective to prepare one universal report for shareholders of different countries rather than make adjustments along with national accounting regulation policies. It is a global trend with the UK finding itself in the middle of it. "The progress toward attaining a global financial reporting framework has accelerated, and many significant steps have been taken The restructuring program, begun in 2000, is the culmination of a series of movements toward the global convergence of accounting standards" (Casabona and Shoaf 2002, p. 16). .. "The drive for international accounting standards seems out of all proportion to the benefits. Most of the issues are so arcane as to be a million miles from those increasingly rare parts of economy where wealth is actually created" (Hilton 2004, p. 35). Nevertheless the industry (and surely, financial reporting is the one) grows larger and requires additional activities to be implemented by companies guaranteeing their reports will be easily understood throughout the world. For instance, BAA has stated in its annual report 2004/05 the following matters that were changed: - Recognition of the annual valuation surplus on investment properties in the income statement - Recognition in the income statement of fair value gains and losses on derivative financial instruments, subject to hedge accounting - Recognition of derivative financial instruments and related hedge accounting entries in the balance sheet - Separation in the balance sheet of the debt and equity elements of BAA's convertible bonds, and a consequential increased finance cost recorded in the income statement - Recognition of a charge for share-based payments in the income statement - Valuation of the majority of operational land assets on transition and use of this as the deemed cost for future periods, in accordance with the first-time adoption rules of IFRS - Recognition of additional deferred tax liabilities, particularly in relation to temporary differences arising on investment property and operational land revaluations - Recognition in the balance sheet of proposed dividends only when approved - Changes to the format of primary statements. To be more illustrative rather than descriptive the essay goes on

Adhering to various articles of the uniform code of military justice Essay Example for Free

Adhering to various articles of the uniform code of military justice Essay Today’s Articles of the Uniform Code of Military Justice is the result of a long history of advances in the rights of military personnel in which duty, obligation, and consequences are spelled out. It is the responsibility of every member of the armed services to keep this in mind and to embrace the Articles of the Uniform Code of Military Justice as a guide for appropriate behavior. The precursors to the Articles of the Uniform Code of Military Justice (UCMJ) include the Articles of War (1912-1920), The Elston Act (1948), and The Morgan Draft of 1949, each of which significantly furthered the rights of military personnel while securing the equitable application of justice (Articles of War; Elston Act; Uniform Code of Military Justice). Given the long history of the UCMJ, and the number of revisions that have taken place in order to create the modern Articles of the Uniform Code of Military Justice, military personnel should remember and respect the efforts that were put forth to ensure their protections while serving in the military. All personnel should value the efforts of their predecessors by acting in accordance with the Articles of the Uniform Code of Military Justice. As a dedicated soldier in the Military of the United States of America, it is my duty to adhere to the Articles of the Uniform Code of Military Justice so that I might best represent myself, my Company, and my Country, and I failed in this duty on October XX, 2006 when I did not report to a special work detail. This was an unfortunate event that I should have avoided, and having reflected on the situation, I see that I erred in several respects. In the future, I shall avoid repeating such actions as it is not my intent to perform or reflect poorly on the military, my fellow soldiers, or myself. Although I failed to report to the special work detail, and violated a number of the Articles of the Uniform Code of Military Justice, it was not my intent to ignore my duties or act in a manner that, in retrospect, might be viewed as a lack of effort and dedication on my part as well as, perhaps, being viewed as a general disrespect for my fellow officers. I offer no excuse; however, it is my hope that a brief explanation of the situation will show that I did attempt to fulfill my obligations and that I now understand that my actions should have been different. On October XX, 2006, I made an error by arriving to the designated special work detail location one hour in advance of the actual starting time; this error on my part was due to a simple miscommunication. While the miscommunication itself was an event that was primarily out of my control, my actions following my early arrival could have been different. Instead of making every effort to assure that I was at the correct location and had reported at the correct time, I simply returned home. This was not the best choice, and I regret having erred in this way. I compounded this initial error in judgment by assuming that shortly after leaving the special work detail site that I would be contacted via telephone and informed about where and when I was actually to report. This phone call never came, and I made yet another poor choice in not following up on this on my own. Having thought my actions over, I see clearly that as a member of the armed services, I may be faced with occasional miscommunications. I am aware, now, that it is my responsibility to (when possible and appropriate) confirm my assignments with my fellow soldiers to avoid such miscommunications, and if faced with a situation as was the case on October XX, 2006, it is my duty to do everything in my power to ascertain what my obligations are. The Uniform Code of Military Justice can be viewed as â€Å"the foundation for the United. States military justice system,† and as a member of the Armed Forces, it is important that I respect and follow the Code’s Articles without fail (Index Legislative History of the UCMJ). I showed poor judgment and an overall lack of respect for myself and my fellow soldiers on October XX, 2006 when I failed to report for a special work detail. This was a failure on my part that occurred as a result of a series of poor choices that I made, and I regret having acted in this manner. When I did not appear for the special work detail on October XX, 2006, I violated several Articles of the Uniform Code of Military Justice, and in so doing, I did not do my best in representing myself, my Company, or my Country. I am well aware that there are no valid excuses for my actions, and I intend to do my best not to exhibit further incidents of poor judgment. It is my goal to perform my duties at all times to the best of my abilities, and in a manner that reflects positively on me, my Company, and the United States of America. Violating any of the Articles of the Uniform Code of Military Justice contradicts my intentions, and I regret my actions. Missing the special work detail on October XX, 2006 means I failed to appear at my appointed place of duty at the appointed time which was a violation of Article 86 of the Uniform Code of Military Justice: Absence Without Leave (Powers, Article 86). This action was not appropriate, and I should have made every effort to ascertain when and where I was to have reported. Special work details are a regular part of a soldier’s responsibilities, and by not reporting on October XX, 2006, I let myself and my company down. Obviously, my not being present meant the other members of my work detail had to take up the slack for my not being present: they became responsible for performing my share of the work. This is contrary to my training, and it is contrary to my duties as a soldier. I realize that as a member of a team, my role is one that I must take seriously, and I cannot let the other members of my team down or threaten my team’s ability to succeed by failing to uphold my portion of any given task. This is what happened on October XX, 2006, when I failed to report to the special work detail. This was an action I regret, and one I hope not to repeat. The United States Military relies on each and every one of its members to report to duty fully prepared to perform and in a manner timely enough to perform as required, and because each soldier depends on his fellow soldiers, it is important that no one be absent without leave. It is also possible that one soldier’s failure to report makes more difficult or prevents the ability of other members of his Squad, Platoon, or Company to perform their assigned tasks, and this could create a number of negative consequences that do not reflect well on anyone. I understand that my failing to report where I was required to do so and when I was required to do so on October XX, 2006 when I missed the special work detail was a violation of Article 86 of the Uniform Code of Military Justice: Absence Without Leave, and that this showed a lapse in judgment which should not be repeated in the future. I intend to avoid further violations of this Article as I understand that this failure reflects poorly on the United States of America, the Military, my Squad, Platoon, or Company, and myself. Special work details are often assigned as part of my obligations as a soldier, and by choosing not to report on October XX, 2006, I failed to obey the order of a superior commissioned officer which is a violation of Article 90 of the Uniform Code of Military Justice: Willfully Disobeying a Superior Commissioned Officer (Powers, Article 90). This was disrespectful, and I regret my actions. I am well aware of the importance of following orders, and it was not my intent to fail to do so. The importance of the Chain of Command cannot be over-emphasized. Each member of a Squad, a Platoon, or a Company must know his role and fulfill it without fail. The Chain of Command provides an easy means by which individuals can work together towards a shared goal while avoiding undue confusion whether completing tasks that are simple or completing tasks that are extremely complex. Superior officers give orders to those under their command to ensure that shared goals are met based on the appropriate and necessary actions of their subordinate personnel. I did not fulfill my role, and in failing to do so, I let myself and those who depend on me down, and I may have cast doubt on whether or not others can rely on me in the future. In addition, my inaction in this situation most likely created a hardship on the other members of my Squad, Platoon, Company by requiring that they do extra work. I understand that my failure to follow the orders of a superior was inappropriate, and not in the best interests of myself or my fellow soldiers, and that further violations of Article 90 of the Uniform Code of Military Justice: Willfully Disobeying a Superior Commissioned Officer are not in my best interest. Having thought about this, I see clearly that I should have done everything in my power to fulfill my obligations and to avoid the appearance of disrespecting my superior officer by failing to report as ordered. I failed to appear at my appointed place of duty when I missed a special work detail on October XX, 2006. This was a violation of Article 92 of the Uniform Code of Military Justice: Failure to Obey an Order or a Regulation (Powers, Article 92). This was an error on my part that I regret and intend to avoid in the future. As a proud and dedicated member of the United States’ Armed Services, I do not have the luxury of deciding whether or not I will abide by an order or a regulation. My job is not to decide whether or not I want to do something; my job is to do what I am ordered to do when I am ordered to do it. It is my responsibility to understand that I play a role in a team, and that my failing to perform my part of a task assigned to the team I am a part of puts all members of that team at risk of failing. In failing to report to the special work detail on October XX, 2006, I let myself and my fellow soldiers down, and I showed poor judgment. Every Company needs order, and the surest way to ensure that individuals come together to form a cohesive group is to establish regulations that must be followed. By failing to report to my special work detail on October XX, 2006, I jeopardized the cohesion of my group, and I brought into question the degree to which I might be relied upon in the future. After thinking about my actions and the effect that my lack of following through had, I regret not having done more to ensure that I knew where and when I was supposed to report on October XX, 2006. I understand that my failure to report to the special work detail on October XX, 2006 was equivalent to failing to obey an order and reflected poorly on myself and my fellow service members, and that violating Article 92 of the Uniform Code of Military Justice: Failure to Obey an Order or a Regulation does not cast me in a positive light. Because it is my desire to perform all of my duties to the best of my abilities, I regret my actions and hope not to repeat a similar error. My failing to report to the special work detail on October XX, 2006 was in flagrant disregard of good order and discipline and was detrimental to the overall well-being of the command with which I am associated. This was a violation of Article 133 of the Uniform Code of Military Justice: Conduct Unbecoming an Officer and a Gentleman (Powers, Article 133). I now see clearly that missing my assigned task was an error in judgment on my part, and I intend to do everything in my power to avoid a repeat of this error. As a dedicated representative of the United States of America, it is my duty, my responsibility, and my desire to conduct myself in a manner that represents me, my command, and my country in the most positive light possible. When I missed the special work detail on October XX, 2006, I shed negative light on all facets of the Military, and I regret this. Military Units function best when all of their members work in unison towards a common goal, and my missing the special work detail on October XX, 2006 reflects a lack of discipline and an unwillingness to keep good order, both of which are detrimental to my well-being and that of the members of my Company as well as violating Article 133 of the Uniform Code of Military Justice: Conduct Unbecoming an Officer and a Gentleman. It is not my intent to tarnish the image of the Military of the United States of America, and as a representative of the Armed Forces, my failing to report to the special work detail on October XX, 2006 did just that. This is an action I regret. I neglected my duty to the prejudice of good order and discipline in the Armed Forces when I chose to miss the special work detail on October XX, 2006. This action constituted a violation of Article 134c of the Uniform Code of Military Justice: Disorder and Neglect to the Prejudice of Good Order and Discipline (Powers, Article 134c). It also created a hardship to my fellow soldiers and threatened the proper, timely completion of the task at hand. This discipline of a soldier is only truly challenged when he is faced with a duty he does not want to perform. Because the good order of a Squad, a Platoon, or a Company often depends on the discipline of each of its individual members, it is imperative that every single soldier practices good discipline at all times, especially when circumstances challenge what he wants to do with what he must do. When one soldier fails to put his personal desires aside, it shows a lack of respect towards his fellow soldiers, and it may have the additional adverse effect of tempting others to disobey orders as well. Having thought about my actions, I see that my failing to report on October XX, 2006 did just this, and I regret my actions and the effect they may have had on others. I understand that my actions do not reflect well on my desire to uphold good order or discipline, that they cast a negative light on me and my Company, and that further violations of Article 134c of the Uniform Code of Military Justice: Disorder and Neglect to the Prejudice of Good Order and Discipline are not in my best interest. It is my intent to keep this in mind and in the future, to act with a greater degree of appropriate decision-making. I fully appreciate the historical significance of today’s Uniform Code of Military Justice, and my responsibility as a proud and dedicated member of the United States Armed Services to adhere to its Articles. I understand that my actions on October XX, 2006 when I failed to report to my special work detail appears to be an indication on my part of a lack of respect for the UCMJ, the basis of the military justice system, and that in skipping my special work detail on October XX, 2006, I violated Article 86 of the Uniform Code of Military Justice: Absence Without Leave; Article 90 of the Uniform Code of Military Justice: Willfully Disobeying a Superior Commissioned Officer; Article 92 of the Uniform Code of Military Justice: Failure to Obey an Order or a Regulation; Article 133 of the Uniform Code of Military Justice: Conduct Unbecoming an Officer and a Gentleman; and Article 134c of the Uniform Code of Military Justice: Disorder and Neglect to the Prejudice of Good Order and Discipline. Having taken time to reflect upon my actions, I see clearly that regulations are in place to assist me, as a soldier, in performing my duties in the manner that best suits me individually and my fellow soldiers as a whole, and that in failing to report to my special work detail on October XX, 2006, I let myself and those who count on me down. This lapse in judgment reflects poorly on me, on my Company, and on the United States of America, and I intend to avoid any similar events in my future, so that I might reflect the attitude of the proud, dedicated soldier that I am to those with whom I serve. R eferences Articles of War (1912-1920). , The In Military Legal Resources.Library of Congress. U. S. Govt. Retrieved August 29, 2006, from http://www. loc. gov/rr/frd/Military_Law/AW-1912-1920. html. Elston Act (1948), The. In Military Legal Resources. Library of Congress. U. S. Govt. Retrieved August 29, 2006, from http://www. loc. gov/rr/frd/Military_Law/ Elston_act. html. Index Legislative History of the UCMJ (1950). In Military Legal Resources. Library of Congress. U. S. Govt. Retrieved August 29, 2006, from http://www. loc. gov/rr/ frd/Military_Law/index_legHistory. html. Pound, Edward T. (2002, December 16). Creating a code of justice. History. U. S. News World Report. Retrieved August 30, 2006 from http://www.usnews. com/usnews/ news/articles/021216/16justice. b. htm. Powers, Rod. Punitive Articles of the UCMJ: Article 86—Absence without leave. Retrieved August 29, 2006, from http://usmilitary. about. com/od/punitivearticles/a/mcm86. htm. Powers, Rod. Punitive Articles of the UCMJ: Article 90—Assaulting or willfully disobeying superior commissioned officer. Retrieved August 29, 2006, from http://usmilitary. about. com/od/punitivearticles/a/mcm86. htm. Powers, Rod. Punitive Articles of the UCMJ: Article 92—Failure to obey order or regulation. Retrieved August 29, 2006, from http://usmilitary. about. com/od/punitivearticles/ a/mcm92. htm. Powers, Rod. Punitive Articles of the UCMJ: Article 133—Conduct unbecoming an officer and gentleman. Retrieved August 29, 2006, from http://usmilitary. about. com/od/ punitivearticles/a/mcm133. htm. Powers, Rod. Punitive Articles of the UCMJ: Article 134—General article. Retrieved August 29, 2006, from http://usmilitary. about. com/od/punitivearticles/a/134. htm. Uniform Code of Military Justice; Text, References and Commentary Based on the Report of the Committee on a Uniform Code of Military Justice to the Secretary of Defense [the Morgan Draft] (1949). In Military Legal Resources. Library of Congress. U. S. Govt. Retrieved August 29, 2006, from http://www. loc. gov/rr/frd/Military_Law/morgan. html.

Atomic Isotopes Essay Example for Free

Atomic Isotopes Essay Answer the following questions about the results of this activity. Record your answers in the boxes. Send your completed lab report to your instructor. Dont forget to save your lab report to your computer Reference Isotope Half-Life Chart Isotope ProductHalf LifeCarbon-14Nitrogen-145730 years Potassium 40Argon 401,280 million yearsRubidium 87Strontium -8 748,800 million yearsThorium 232 Lead 20814,010 million yearsUranium 235 Lead 297704 million yearsUranium 238 Lead 2064,470 million years Activity 1 Calibration Place your data from Activity 1 in the appropriate boxes below. Calculate the age of the calibration standards using the following information. Fraction of sample remaining remaining ppm of sample/initial ppm of sample Age of sample half-life value of isotope X number of half-lives elapsed Calibration Standard Initial ppm Remaining ppm Age of Standard Low Carbon-14 High Uranium-235 Explain if the instrument appears to be calibrated based on the data you obtained for the Low Calibration Standard. Explain if the instrument appears to be calibrated based on the data you obtained for the High Calibration Standard. Explain which would be the best isotope from the Isotope Half-Life Chart to measure a 3 billion year old specimen. Activity 2 Place your data from Activity 1 in the appropriate boxes below. Calculate the age of the calibration standards using the following information. The initial carbon-14 content of the tree specimen is 6 of the carbon-12 content of the specimen. The initial carbon-14 content of the insect specimen is 8 of the carbon-12 content of the specimen. The initial carbon-14 content of the bat specimen is 8 of the carbon-12 content of the specimen. Formulas Estimated initial carbon-14 content of carbon-12 ppm value (from above) X carbon-12 in specimen/100 Fraction of carbon- 14 remaining in sample remaining ppm of sample/initial ppm of sample Age of sample half-life value of carbon-14 X number of half-lives elapsed Sample Carbon-14 ppm Carbon-12 ppm Estimated Initial Carbon-14 Estimated Age of Specimen Tree Fossil Specimen Insect Fossil Specimen Bat Fossil Specimen Explain how you obtained the estimated initial value of the carbon-14 content. Describe if the age of the each specimen is likely a realistic value. You will need to use the web to evaluate the approximate age of the oldest specimen that is possible for trees, insects, and bats.

Analysis of the Precautionary Principle

Analysis of the Precautionary Principle Introduction The planet earth is presently being dominated by the human species. It is the wish and whim of the human beings that decides the fate of other life forms on the planet. The existence of life on earth, as we all know, presupposes balanced ecosystem and congenial environment. Though the human beings have established their superiority over other living creature they themselves are biologically very sensitive to the environmental changes and any minor deviation in the ecosystem is bound to affect them adversely. Human beings, having the basic animal instinct to protect themselves from the potential threats, have realised that their life is full of difficulties and risks. The urge to deal with the life threatening risks that they face has formed the basic condition of their survival. Owing to this the human race is constantly making sincere endeavour to make life more comfortable by minimising all possible threats to life. The advances in the field of science and technology have blessed us with many gadgets and devices that not only ease some hardship of life but are capable of avoiding or diminishing some most threatening risks of nature. There cannot be two views regarding beneficial effects of technological and scientific developments – the life expectancy has gone up significantly in recent years and the quality and comfort of life is scaling new height day-by-day, many deceases and hardships of human life now belong to history. Today the ability of human beings, to transform the natural characteristics of the earth, has reached a level that is not only alarming but dangerous too. We must consider the fact that man has acquired this enormous power to alter the ecological balance on this planet only within a century, thus giving rise to genuine doubt how long the nature will be able to tolerate the excessive interference resulting out of human activities? The population of human beings has increased at an unprecedented pace in recent past causing undue pressures on the limited natural resources. Some of these resources are depleting at an alarming rate and is reason for worry as they have been created by the natural process over millions of years. One example could be depletion of the natural non-renewable energy resources like coal, petroleum etc. One must bear in mind that mother earth treats all its children alike and therefore, it will not be justified to deprive the present and future generations of the nature’s bounties. â€Å" 1 † All living species have an inborn instinct to insure their progeny and to make provision for the welfare of their descendants. It is expected, therefore, that Homo sapiens will take the leading role in saving the earth for their future generations. Earlier, environmental policies at the national as well as international level were based on the concept that nature has capacity to absorb the ill effects of pollution and environmental degradation to a certain extent but, once the shock bearing threshold is breached, the pollution and environmental degradation may cause damage to the environment calling for remedial efforts. This is known as the concept of ‘assimilative capacity’ of nature. This concept is based upon the notion that nature has self curative mechanism and needs no intervention unless the pollution and imbalance caused by human activities breaches the permissible level. If we adhere to this concept, the role of environmental protection agencies will begin only when this upper limit of damage bearing capacity of the environment is breached. In the quest for developing, faster then fastest, many nations have ignored this threshold limit of the environment while harnessing their natural resources, building industries, big dams and townships without making provisions for adequate compensation for the erosion and damage caused to the environment. In such a scenario, one cannot depend solely upon the earth’s self purifying and self curative capacities. Especially when, the earth is loaded with nuclear and toxic waste; forest cover is depleting faster than ever; global warming has started showing ill effects; the virgin peaks of Mount Everest and the uninhabited lands of North and South poles have become littered by man; water pollution in rivers and seas is destroying the life of aquatic creature; acid rain and smog has become more rampant, an effective proactive strategy coupled with effective measures to check further degradation of the environment is the cry of the day. Such strategy and measures assume greater importance in those cases where the adverse impact of any activity upon the environment cannot be ascertained and predicted with certainty. Should precaution be taken anticipating harmful impact on environment and thereby halt the developmental activities or leave it to the nature to repair the damage using its limited assimilative capacity is the question to be answered. The precautionary principle guides us in such tricky situations. Since 1970s, the precautionary principle has become the underlined rationale for a number of international environmental treaties and declarations. It is evident that international community has shifted from the ‘principle of assimilative capacity’ to the ‘precautionary principle’ ratifying the old saying that precaution is better than cure. Origin of the Principle It is difficult to identify with certainty the origin of the principle. â€Å"The precautionary concept found its way into international law and policy as a result of German proposals made to the International North Sea Ministerial Conferences†. In Germany the precautionary principle had its beginnings in the principle of Vorsorge, or foresight. At the centre of early notions of this principle was the understanding that society should endeavour to avoid environmental damage by careful planning in advance, blocking the harmful activities having the potential to adversely affect the environment. Eventually â€Å"the Vorsorgeprinzip (precautionary principle) developed in the early 1970s into a fundamental principle of German environmental law and has been invoked to justify the implementation of vigorous policies to tackle acid rain, global warming, and North Sea pollution. It has also led to the development of a strong environmental industry in that country†. The concept was first enunciated by the German Federal Government in 1976 using the following words:- Environmental policy is not fully accomplished by warding off imminent hazards and the elimination of damage, which has occurred. Precautionary environmental policy requires further more that natural resources are protected and demands on them made with care. Subsequently the precautionary principle was invoked in the year 1984 at the First International Conference on Protection of the North Sea. Following this conference, the principle has been integrated into numerous international conventions and agreements. The North Sea Treaties (Bremen, 1984; London, 1987; Hague 1990; Esbjerg, 1995) are some of the early examples of international treaties where the precautionary principle has had a very prominent position. III. Meaning and Nature The precautionary principle aims to provide guidance in the development and framing of policies where there is scientific uncertainty. It continues to generate disagreement as to its meaning, ambit and objectives, as reflected in the views of scholars and international judicial practice. â€Å"On the one hand, some consider that it provides the basis for early international legal action to address highly threatening environmental issues. On the other hand, its opponents have decried the potential which the principle has for over regulation and limiting human activity. The core of the principle is still evolving†. The scope of the precautionary principle goes beyond the problems associated with a short or medium term approach to environmental risks. It encompasses the concern of longer run as well and ensures well-being of future generations. A decision to take measures without waiting until all the necessary scientific knowledge is available is a precautionary approach. In its most elementary form, the precautionary principle is a strategy to cope with scientific uncertainties in the assessment and management of risks. It is about the wisdom of action under uncertainty. â€Å"The precautionary principle is often seen as an integral principle of sustainable development that is development that meets the needs of the present without compromising the abilities of future generations to meet their needs. By safeguarding against natural resource base that might jeopardize the capacity of future generations to provide for their own needs, it builds on ethical notions of intra-and inter-generational equity†. The formulation of the precautionary principle in precisely and clearly expressed form, at the international level, can be found in the London Declaration of the Second International North Sea Conference. The Declaration states- .. In order to protect the North Sea from possibly damaging effects of the most dangerous substance, a precautionary approach is necessary which may require action to control inputs of such substances even before a casual link has been established by absolute clear scientific evidence. The Rio Declaration, 1992 ensured the global attention towards the precautionary principle by stating – In order to protect the environment, the precautionary approach shall be widely applied by states according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to protect environmental degradation. The convention on Biological Diversity, 1992 and the Convention on Climate Change, 1992 of the Rio-Conference echo the same spirit of precaution – â€Å"lack of full scientific certainty should not be used as a reason for postponing cost-effective measures†. Hence, lack of scientific certainty is no reason to postpone action to avoid potentially serious or irreversible harm to the environment. At the basis of the precautionary principle is the element of anticipation, reflecting a requirement of effective environmental measures based upon actions which forms a long-term strategy. The wingspread statement on the precautionary principle has summarised four components of the principle that should guide its implementation – Action to prevent harm despite uncertainty. Shifting the burden of proof of proponents of a potentially harmful activity. Examination of a full range of alternatives to potentially harmful activities, including no action. Democratic decision making to ensure, inclusion of those affected. The communication from the European Communities (EU) on the precautionary principle demands the applicability of the principle and explains its scope in the following words:- Although the precautionary principle is not explicitly mentioned in the Treaty except in the environmental field, its scope, is far wider and covers those specific circumstances where scientific evidence is insufficient, inconclusive, or uncertain and there are indications through preliminary objective scientific evaluation that there are reasonable grounds for concern that the potentially dangerous effects on the environment, human, animal or plant health may be inconsistent with the chosen level of protection. It is clear from the aforesaid formulations of the principle that there is no uniform acceptable principle of precaution. London Declaration, 1987 uses qualifying language such as ‘may require action’ and ‘before†¦ absolutely clear†¦. Evidence’. Rio Declaration, 1992 also includes qualifying language such as ‘according to their capabilities’ and ‘†¦postponing cost-effective measures’. EU communication 2000 requires intervention to maintain the high level of protection chosen by the EU. â€Å"The triple negative notion is the definition in the Rio Declaration; the absence of rigorous proof of danger does not justify inaction is rather weak: it forces the consideration of precautionary intervention but does not require such intervention. The definition in the EU communication on the other hand does require intervention to maintain the high level of protection chosen by the EU†. Despite of the fact that various formulations of the precautionary principle have used different words one can easily draw several common points as key elements of the principle. The common understanding of contents of the principle may be summarised as under:- Precautionary principle is applicable in cases where scientific uncertainties exist about the harm that is likely to be suffered in future. Some form of scientific analysis of the potential threat is mandatory as mere speculation is not enough to trigger the principle. Unqualified possibility is sufficient enough to consider the application of the principle. Application of the principle is limited to those hazards that are unacceptable. The principle requires interventions before possible harm occurs. Interventions should be proportional to the chosen level of protection and the magnitude of possible harm. V. Precautionary Principle and International Law There can not be slightest of doubts regarding recognition and existence of the precautionary principle in the fields of contemporary national and international laws. Its outlines, however, are far from clear from a legal point of view. Essentially, the precautionary principle is an appeal to prudence addressed to policy makers. The principle does not offer a predetermined solution to every new problem raised by scientific uncertainty. On the contrary, the precautionary principle is a guiding principle that provides helpful criteria for determining the most reasonable course of action in confronting situations of potential environmental risk. Whether precautionary principle is a legally binding principle in customary international law and national law rather than a guiding principle only is a difficult question to answer. It is generally understood that declarations of principles are not traditional sources of international law and therefore, not binding for the member states of the organisation that adopted them. Such international texts do not have the same legal force as international treaties and conventions. Strictly speaking, declarations of principles are nothing more than ‘recommendations’, without binding force. Despite of this fact one cannot undermine the legal relevance of such declarations. Even though they are not considered as sources of international law, they are legitimately capable of generating norms. Declaration of principles, though not binding, can influence the elaboration, interpretation and application of international laws of member states of the international organisations that conceived or endorsed the declarations. One cannot underestimate the influence that general principles exert on legal formulation, be it in the international context or in the internal legislation and jurisprudence of countries. In spite of not being obligatory and binding, principles of law constitute important tools for the crystallization of new concepts and values. Article 38 of the Statute of the International Court of Justice provides that the International Court of Justice, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply amongst other the ‘general principles of law recognised by civilised nations’. Thus, the general principles of law are also sources of international law. Therefore, it seems incontestable that among the principles emanating from international declarations, the Precautionary Principle is legally relevant and cannot be disregarded, either by the countries in the international order, or by legislators, policy makers and courts in the domestic sphere. From the moment when the Precautionary Principle is recognised as an element of international law, it also becomes part of the general principles of environmental law, with undisputed legitimacy in guiding the interpretation and application of all legal norms in force. â€Å"The Precautionary Principle is frequently introduced in framework conventions. Although this strategy is widely used in international environmental law, it is merely a first step in elaborating more precise rules at the international level fleshing out that principle. Furthermore, in a number of international agreements, the Precautionary Principle† worded in such a way that it is deprived of immediate and autonomous applicability. Use of terms such as ‘form a basis for’, ‘in spite’, ‘endeavour’, etc. imply that the principle is merely intended to prepare states to implement their international obligations. Only the repeated use of state practice and consistent opinio juris are likely to transform precaution into a customary norm†. The Principle of precaution has found only limited judicial support so far in international law, this despite many commentators arguing that it has reached the status of a principles of customary international law. In the case of New Zealand v. France, the right of France to carryout nuclear tests in the South Pacific was challenged. The opinion of Weeramantry, J. in this case suggests that the Precautionary Principle is ‘gaining increasing support as part of the international law of the environment’. The principle should be used where there is insufficient material before the court to justify action, even if this means acting ahead of ‘full scientific evidence’. This opinion, however, was a dissent, and it is worth comparing a more, recent example where the Precautionary Principle has featured in international trade disputes. The US and Canada brought a dispute settlement case before the World Trade Organisation (WTO) against the EC, which in 1989 had banned the import of beef fed with growth hormones on the grounds that it was not safe for human health to eat such meat. The EC argued that its import ban was justified in the light of the Precautionary Principle, which is presented as a binding rule of international law. The USA and Canada denied that the principle already had such a status. The WTO found that the EC import ban violated WTO law, although the EC has continued to impose its ban and has been forced by the WTO to compensate Canada and the US for lost trade. VI. Status in India In India there are lots of environmental regulations, but most environmental regulations, like the Water (Protection and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 are aimed at cleaning up pollution and controlling the amounts of it release into the environment. They regulate the harmful substances as they are emitted rather than limiting their use or production in the first place. These laws are based on the assumption that humans and ecosystems can absorb a certain amount of contamination without being harmed. But the past experience shows that it is very difficult to know what levels of contamination, if any, are safe and therefore, it is better to err on the side of caution while dealing with the environment. The Indian Supreme Court has accepted in Vellore case that the Precautionary Principle is part of the environmental law of the country. The Court explained the ‘Precautionary Principle† in the context of the municipal law as under:- Environmental measures – by the State Government and statutory authorities – must anticipate, prevent and attach the causes of environmental degradation. Where there are threats of serious and irreversible damage, lack of scientific certainty should not be used as a reason for postponing measures to prevent environment degradation. The ‘onus of proof’ is on the actor or the developer/industrialist to show that his action is environmentally benign. In Taj case the Supreme Court was dealing with the problem of protecting the ‘Taj Mahal’ from the pollution of nearby industries. The Court applied the ‘Precautionary Principle’ as explained by it in Vellore Case and observed- [T]he environmental measures must anticipate, prevent and attack the causes of environmental degradation. The ‘onus of proof’ is on an industry to show that its operation with the aid of coke/coal is environmentally benign. It is rather, proved beyond doubt that the emissions generated by the use of coke/coal by the industries in TTZ are the main polluters of the ambient air. The Court ordered the industries to change-over to the natural gas as an industrial-fuel or stop functioning with the aid of coke/coal in the Taj trapezium and relocate themselves as per the direction of the Court. The ‘Precautionary Principle’ has been invoked by the Supreme Court in various cases while deciding environmental issues. In Calcutta tanneries Case the Court ordered the polluting tanneries operating in the city of Calcutta (about 550 in number) to relocate themselves from their present location and shift to the new leather complex set up by the West Bengal Government. In Badkhal Surajkund Lakes Cases the Supreme Court held that the ‘Precautionary Principle’ made it mandatory for the State Government to anticipate, prevent and attack the causes of environment degradation. The Court had no hesitation in holding that in order to protect the two lakes from environmental degradation it was necessary to limit the construction activity in the close v icinity of the lakes. Even though the Vellore judgment was followed in the subsequent decision of the Supreme Court, the Court felt the need to explain the meaning of the Precautionary Principle in more detail and lucid manner so that Courts and tribunals or environmental authorities can properly apply the said principle in the matters which might come before them. In A.P. Pollution Control Board v. Prof. M.V. Nayudu, tracing the evolution of precautionary principle the Court observed – Earlier, the concept was based on the ‘assimilative capacity’ rule as revealed from Principle 6 of the Stockholm Declaration of the U.N. Conference on Human Environment, 1972. The said principle assumed that science could provide policy-makers with the information and means necessary to avoid encroaching upon the capacity of the environmental harm was presumed that relevant technical expertise would be available when environmental harm was predicted and there would be sufficient time to act in order to avoid such harm. But in the 11th Principle of the U.N. General Assembly Resolution on World Charter for Nature, 1982, the emphasis shifted to the ‘Precautionary Principle’, and this was reiterated in the Rio Conference of 1992 in its Principle 15. Explaining the cause for the emergence of ‘Precautionary Principle’ the Court referred Charmian Barton, who argued â€Å" it makes sense to err on the side of caution and prevent activities that may cause serious or irreversible harm†. The Court opined that the inadequacies of science was the real basis that had led to the Precautionary Principle. It was based on the theory that it is better to err on the side of caution and prevent environmental harm which may indeed become irreversible. The principle of precaution involved the anticipation of environmental harm and taking measures to avoid it or to choose the least environmentally harmful activity. The Court adopted the view that ‘Environmental Protection should not only aim at protecting health, property and economic interest but also protect the environment for its own sake. Precautionary duties must not only be triggered by the suspicion of concrete danger but also by justified concern or risk potential†. The concept of burden of proof in environmental cases recognised in Vellore Case that ‘the onus of proof’ is on the actor or the developer/industrialist to show that his action is environmentally benign†, was further elaborated by the Supreme Court in the Nayudu case, M. Jagannadha Rao, J. noticed, while the inadequacies of science had led to the ‘Precautionary Principle’, the said principle in its turn led to the special principle of burden of proof in environmental cases where burden as to the absence of injurious effect of the actions proposed, was placed on those who wanted to change the status quo. This is often termed as a reversal of burden of proof, because otherwise, those opposing the change would be compelled to shoulder the evidentiary burden, a procedure which is not fair. Therefore, the Court observed, â€Å"it is necessary that the party who wants to alter it, must bear this burden†. The Supreme Court favours the view that if the environmental risks being run by regulatory inaction are in some way ‘uncertain but non-negligible’, then regulatory action is justified. According to the Court- In such a situation, the burden of proof is to be placed on those attempting to alter the status quo. They are to discharge this burden by showing the absence of a ‘reasonable ecological or medical concern’. That is the required standard of proof. The result would be that if insufficient evidence is presented by them to alleviate concern about the level of uncertainty, then the presumption should operate in favour of environmental protection. In Narmadda Bachao Andolan v. Union of India, the Supreme Court decided the issues relating to construction of dam on Narmada river which was a part of the Sardar Sarovar Project. Explaining the new concept of burden of proof the Court held that the ‘Precautionary Principle’ and the corresponding burden of proof on the person who wants to change the status quo will ordinarily apply in a case of polluting or other project or industry where the extent of damage likely to be inflicted is unknown. Where the effect on ecology of environment of setting up of an industry is known, the Court held- What has to be seen is that if the environment is likely to suffer, then what mitigative steps can be taken to off set the same. Merely because there will be a change is no reason to presume that there will be ecological disaster. It is when the effect of the project is known then the principle of sustainable development would come into play which will ensure that mitigative steps are and can be taken to preserve the ecological balance. The Court concluded, what was the impact on environment with the construction of a dam was well known in India, the dam was neither a nuclear establishment nor a polluting industry, therefore, the decision in A.P. Pollution Control Board’s Case would have no application in this case. Despite of the fact that the Court refused to apply ‘Precautionary Principle’ in this case as the impact on environment was known as could have been mitigated, in subsequent decisions of the Supreme Court one may find strict adherence to the Precautionary Principle and the new concept of onus of proof. To give effect to the Precautionary Principle, Government of India, published a Notification, which states that â€Å"the expansion or modernization of any existing industry or new projects listed in schedule I or Schedule II shall not be undertaken in any part of India, unless it has been accorded environmental clearance by the Central Government, or as the case may be, the State Government concerned in accordance with the procedure hereinafter specified in this notification†. The notification tries to achieve the objective that certain development projects should be carried on within the carrying capacity of the ecosystems, which will otherwise come under stress, so as to ensure that developmental activity takes place in harmony with the environment. This is possible only by careful assessment of a project proposed to be located in any area, on the basis of an Environmental Impact Assessment (EIA) of each project and the necessary Environment Management plan for the prevention, elimination or mitigation of the adverse impact on the environment, right from the very inception of the project. VII. Conclusion The Precautionary Principle, being a principle does not set forth absolute obligations. It simply establishes a policy for implementation by other regulatory means. Its relevance, however, would be in the development of a cluster of norms relating to procedural rules. These would include norms such as those requiring prior environmental impact assessment, the duty to warn or notify others, the duty to mitigate and assist in emergencies, as well as access to information. The emergence of the Precautionary Principle has permanently changed the face of international environmental law and policy. The challenge of implementing the Precautionary Principle while retaining the strength of its original vision is still posing difficult questions before the policy makers. Nevertheless it is well established that Precautionary Principle is an important principle of international environmental law and is gaining strength day by day. Besides being part of several international treaties and declarations the principle has been given place in the body of the national law of many countries. India has recognised and adopted the Precautionary Principle being party to many international declarations and conventions. The EIA notification of the Government of India, Ministry of Environment and Forests established the principle as part and parcel of the legal framework in India. Many pronouncements of the Supreme Court of India, to begin with the Vellore case, have strengthened and incorporated the international environmental law principle into the municipal law. The Apex Court in India has accepted the principle as part of the concept of sustainable development and has applied the principle several times in order to save environment and to give force to ratio of the judgment. We may therefore, draw inference that the Precautionary Principle has got a status of well recognised legal principle in India. Analysis of the Precautionary Principle Analysis of the Precautionary Principle Introduction The planet earth is presently being dominated by the human species. It is the wish and whim of the human beings that decides the fate of other life forms on the planet. The existence of life on earth, as we all know, presupposes balanced ecosystem and congenial environment. Though the human beings have established their superiority over other living creature they themselves are biologically very sensitive to the environmental changes and any minor deviation in the ecosystem is bound to affect them adversely. Human beings, having the basic animal instinct to protect themselves from the potential threats, have realised that their life is full of difficulties and risks. The urge to deal with the life threatening risks that they face has formed the basic condition of their survival. Owing to this the human race is constantly making sincere endeavour to make life more comfortable by minimising all possible threats to life. The advances in the field of science and technology have blessed us with many gadgets and devices that not only ease some hardship of life but are capable of avoiding or diminishing some most threatening risks of nature. There cannot be two views regarding beneficial effects of technological and scientific developments – the life expectancy has gone up significantly in recent years and the quality and comfort of life is scaling new height day-by-day, many deceases and hardships of human life now belong to history. Today the ability of human beings, to transform the natural characteristics of the earth, has reached a level that is not only alarming but dangerous too. We must consider the fact that man has acquired this enormous power to alter the ecological balance on this planet only within a century, thus giving rise to genuine doubt how long the nature will be able to tolerate the excessive interference resulting out of human activities? The population of human beings has increased at an unprecedented pace in recent past causing undue pressures on the limited natural resources. Some of these resources are depleting at an alarming rate and is reason for worry as they have been created by the natural process over millions of years. One example could be depletion of the natural non-renewable energy resources like coal, petroleum etc. One must bear in mind that mother earth treats all its children alike and therefore, it will not be justified to deprive the present and future generations of the nature’s bounties. â€Å" 1 † All living species have an inborn instinct to insure their progeny and to make provision for the welfare of their descendants. It is expected, therefore, that Homo sapiens will take the leading role in saving the earth for their future generations. Earlier, environmental policies at the national as well as international level were based on the concept that nature has capacity to absorb the ill effects of pollution and environmental degradation to a certain extent but, once the shock bearing threshold is breached, the pollution and environmental degradation may cause damage to the environment calling for remedial efforts. This is known as the concept of ‘assimilative capacity’ of nature. This concept is based upon the notion that nature has self curative mechanism and needs no intervention unless the pollution and imbalance caused by human activities breaches the permissible level. If we adhere to this concept, the role of environmental protection agencies will begin only when this upper limit of damage bearing capacity of the environment is breached. In the quest for developing, faster then fastest, many nations have ignored this threshold limit of the environment while harnessing their natural resources, building industries, big dams and townships without making provisions for adequate compensation for the erosion and damage caused to the environment. In such a scenario, one cannot depend solely upon the earth’s self purifying and self curative capacities. Especially when, the earth is loaded with nuclear and toxic waste; forest cover is depleting faster than ever; global warming has started showing ill effects; the virgin peaks of Mount Everest and the uninhabited lands of North and South poles have become littered by man; water pollution in rivers and seas is destroying the life of aquatic creature; acid rain and smog has become more rampant, an effective proactive strategy coupled with effective measures to check further degradation of the environment is the cry of the day. Such strategy and measures assume greater importance in those cases where the adverse impact of any activity upon the environment cannot be ascertained and predicted with certainty. Should precaution be taken anticipating harmful impact on environment and thereby halt the developmental activities or leave it to the nature to repair the damage using its limited assimilative capacity is the question to be answered. The precautionary principle guides us in such tricky situations. Since 1970s, the precautionary principle has become the underlined rationale for a number of international environmental treaties and declarations. It is evident that international community has shifted from the ‘principle of assimilative capacity’ to the ‘precautionary principle’ ratifying the old saying that precaution is better than cure. Origin of the Principle It is difficult to identify with certainty the origin of the principle. â€Å"The precautionary concept found its way into international law and policy as a result of German proposals made to the International North Sea Ministerial Conferences†. In Germany the precautionary principle had its beginnings in the principle of Vorsorge, or foresight. At the centre of early notions of this principle was the understanding that society should endeavour to avoid environmental damage by careful planning in advance, blocking the harmful activities having the potential to adversely affect the environment. Eventually â€Å"the Vorsorgeprinzip (precautionary principle) developed in the early 1970s into a fundamental principle of German environmental law and has been invoked to justify the implementation of vigorous policies to tackle acid rain, global warming, and North Sea pollution. It has also led to the development of a strong environmental industry in that country†. The concept was first enunciated by the German Federal Government in 1976 using the following words:- Environmental policy is not fully accomplished by warding off imminent hazards and the elimination of damage, which has occurred. Precautionary environmental policy requires further more that natural resources are protected and demands on them made with care. Subsequently the precautionary principle was invoked in the year 1984 at the First International Conference on Protection of the North Sea. Following this conference, the principle has been integrated into numerous international conventions and agreements. The North Sea Treaties (Bremen, 1984; London, 1987; Hague 1990; Esbjerg, 1995) are some of the early examples of international treaties where the precautionary principle has had a very prominent position. III. Meaning and Nature The precautionary principle aims to provide guidance in the development and framing of policies where there is scientific uncertainty. It continues to generate disagreement as to its meaning, ambit and objectives, as reflected in the views of scholars and international judicial practice. â€Å"On the one hand, some consider that it provides the basis for early international legal action to address highly threatening environmental issues. On the other hand, its opponents have decried the potential which the principle has for over regulation and limiting human activity. The core of the principle is still evolving†. The scope of the precautionary principle goes beyond the problems associated with a short or medium term approach to environmental risks. It encompasses the concern of longer run as well and ensures well-being of future generations. A decision to take measures without waiting until all the necessary scientific knowledge is available is a precautionary approach. In its most elementary form, the precautionary principle is a strategy to cope with scientific uncertainties in the assessment and management of risks. It is about the wisdom of action under uncertainty. â€Å"The precautionary principle is often seen as an integral principle of sustainable development that is development that meets the needs of the present without compromising the abilities of future generations to meet their needs. By safeguarding against natural resource base that might jeopardize the capacity of future generations to provide for their own needs, it builds on ethical notions of intra-and inter-generational equity†. The formulation of the precautionary principle in precisely and clearly expressed form, at the international level, can be found in the London Declaration of the Second International North Sea Conference. The Declaration states- .. In order to protect the North Sea from possibly damaging effects of the most dangerous substance, a precautionary approach is necessary which may require action to control inputs of such substances even before a casual link has been established by absolute clear scientific evidence. The Rio Declaration, 1992 ensured the global attention towards the precautionary principle by stating – In order to protect the environment, the precautionary approach shall be widely applied by states according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to protect environmental degradation. The convention on Biological Diversity, 1992 and the Convention on Climate Change, 1992 of the Rio-Conference echo the same spirit of precaution – â€Å"lack of full scientific certainty should not be used as a reason for postponing cost-effective measures†. Hence, lack of scientific certainty is no reason to postpone action to avoid potentially serious or irreversible harm to the environment. At the basis of the precautionary principle is the element of anticipation, reflecting a requirement of effective environmental measures based upon actions which forms a long-term strategy. The wingspread statement on the precautionary principle has summarised four components of the principle that should guide its implementation – Action to prevent harm despite uncertainty. Shifting the burden of proof of proponents of a potentially harmful activity. Examination of a full range of alternatives to potentially harmful activities, including no action. Democratic decision making to ensure, inclusion of those affected. The communication from the European Communities (EU) on the precautionary principle demands the applicability of the principle and explains its scope in the following words:- Although the precautionary principle is not explicitly mentioned in the Treaty except in the environmental field, its scope, is far wider and covers those specific circumstances where scientific evidence is insufficient, inconclusive, or uncertain and there are indications through preliminary objective scientific evaluation that there are reasonable grounds for concern that the potentially dangerous effects on the environment, human, animal or plant health may be inconsistent with the chosen level of protection. It is clear from the aforesaid formulations of the principle that there is no uniform acceptable principle of precaution. London Declaration, 1987 uses qualifying language such as ‘may require action’ and ‘before†¦ absolutely clear†¦. Evidence’. Rio Declaration, 1992 also includes qualifying language such as ‘according to their capabilities’ and ‘†¦postponing cost-effective measures’. EU communication 2000 requires intervention to maintain the high level of protection chosen by the EU. â€Å"The triple negative notion is the definition in the Rio Declaration; the absence of rigorous proof of danger does not justify inaction is rather weak: it forces the consideration of precautionary intervention but does not require such intervention. The definition in the EU communication on the other hand does require intervention to maintain the high level of protection chosen by the EU†. Despite of the fact that various formulations of the precautionary principle have used different words one can easily draw several common points as key elements of the principle. The common understanding of contents of the principle may be summarised as under:- Precautionary principle is applicable in cases where scientific uncertainties exist about the harm that is likely to be suffered in future. Some form of scientific analysis of the potential threat is mandatory as mere speculation is not enough to trigger the principle. Unqualified possibility is sufficient enough to consider the application of the principle. Application of the principle is limited to those hazards that are unacceptable. The principle requires interventions before possible harm occurs. Interventions should be proportional to the chosen level of protection and the magnitude of possible harm. V. Precautionary Principle and International Law There can not be slightest of doubts regarding recognition and existence of the precautionary principle in the fields of contemporary national and international laws. Its outlines, however, are far from clear from a legal point of view. Essentially, the precautionary principle is an appeal to prudence addressed to policy makers. The principle does not offer a predetermined solution to every new problem raised by scientific uncertainty. On the contrary, the precautionary principle is a guiding principle that provides helpful criteria for determining the most reasonable course of action in confronting situations of potential environmental risk. Whether precautionary principle is a legally binding principle in customary international law and national law rather than a guiding principle only is a difficult question to answer. It is generally understood that declarations of principles are not traditional sources of international law and therefore, not binding for the member states of the organisation that adopted them. Such international texts do not have the same legal force as international treaties and conventions. Strictly speaking, declarations of principles are nothing more than ‘recommendations’, without binding force. Despite of this fact one cannot undermine the legal relevance of such declarations. Even though they are not considered as sources of international law, they are legitimately capable of generating norms. Declaration of principles, though not binding, can influence the elaboration, interpretation and application of international laws of member states of the international organisations that conceived or endorsed the declarations. One cannot underestimate the influence that general principles exert on legal formulation, be it in the international context or in the internal legislation and jurisprudence of countries. In spite of not being obligatory and binding, principles of law constitute important tools for the crystallization of new concepts and values. Article 38 of the Statute of the International Court of Justice provides that the International Court of Justice, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply amongst other the ‘general principles of law recognised by civilised nations’. Thus, the general principles of law are also sources of international law. Therefore, it seems incontestable that among the principles emanating from international declarations, the Precautionary Principle is legally relevant and cannot be disregarded, either by the countries in the international order, or by legislators, policy makers and courts in the domestic sphere. From the moment when the Precautionary Principle is recognised as an element of international law, it also becomes part of the general principles of environmental law, with undisputed legitimacy in guiding the interpretation and application of all legal norms in force. â€Å"The Precautionary Principle is frequently introduced in framework conventions. Although this strategy is widely used in international environmental law, it is merely a first step in elaborating more precise rules at the international level fleshing out that principle. Furthermore, in a number of international agreements, the Precautionary Principle† worded in such a way that it is deprived of immediate and autonomous applicability. Use of terms such as ‘form a basis for’, ‘in spite’, ‘endeavour’, etc. imply that the principle is merely intended to prepare states to implement their international obligations. Only the repeated use of state practice and consistent opinio juris are likely to transform precaution into a customary norm†. The Principle of precaution has found only limited judicial support so far in international law, this despite many commentators arguing that it has reached the status of a principles of customary international law. In the case of New Zealand v. France, the right of France to carryout nuclear tests in the South Pacific was challenged. The opinion of Weeramantry, J. in this case suggests that the Precautionary Principle is ‘gaining increasing support as part of the international law of the environment’. The principle should be used where there is insufficient material before the court to justify action, even if this means acting ahead of ‘full scientific evidence’. This opinion, however, was a dissent, and it is worth comparing a more, recent example where the Precautionary Principle has featured in international trade disputes. The US and Canada brought a dispute settlement case before the World Trade Organisation (WTO) against the EC, which in 1989 had banned the import of beef fed with growth hormones on the grounds that it was not safe for human health to eat such meat. The EC argued that its import ban was justified in the light of the Precautionary Principle, which is presented as a binding rule of international law. The USA and Canada denied that the principle already had such a status. The WTO found that the EC import ban violated WTO law, although the EC has continued to impose its ban and has been forced by the WTO to compensate Canada and the US for lost trade. VI. Status in India In India there are lots of environmental regulations, but most environmental regulations, like the Water (Protection and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 are aimed at cleaning up pollution and controlling the amounts of it release into the environment. They regulate the harmful substances as they are emitted rather than limiting their use or production in the first place. These laws are based on the assumption that humans and ecosystems can absorb a certain amount of contamination without being harmed. But the past experience shows that it is very difficult to know what levels of contamination, if any, are safe and therefore, it is better to err on the side of caution while dealing with the environment. The Indian Supreme Court has accepted in Vellore case that the Precautionary Principle is part of the environmental law of the country. The Court explained the ‘Precautionary Principle† in the context of the municipal law as under:- Environmental measures – by the State Government and statutory authorities – must anticipate, prevent and attach the causes of environmental degradation. Where there are threats of serious and irreversible damage, lack of scientific certainty should not be used as a reason for postponing measures to prevent environment degradation. The ‘onus of proof’ is on the actor or the developer/industrialist to show that his action is environmentally benign. In Taj case the Supreme Court was dealing with the problem of protecting the ‘Taj Mahal’ from the pollution of nearby industries. The Court applied the ‘Precautionary Principle’ as explained by it in Vellore Case and observed- [T]he environmental measures must anticipate, prevent and attack the causes of environmental degradation. The ‘onus of proof’ is on an industry to show that its operation with the aid of coke/coal is environmentally benign. It is rather, proved beyond doubt that the emissions generated by the use of coke/coal by the industries in TTZ are the main polluters of the ambient air. The Court ordered the industries to change-over to the natural gas as an industrial-fuel or stop functioning with the aid of coke/coal in the Taj trapezium and relocate themselves as per the direction of the Court. The ‘Precautionary Principle’ has been invoked by the Supreme Court in various cases while deciding environmental issues. In Calcutta tanneries Case the Court ordered the polluting tanneries operating in the city of Calcutta (about 550 in number) to relocate themselves from their present location and shift to the new leather complex set up by the West Bengal Government. In Badkhal Surajkund Lakes Cases the Supreme Court held that the ‘Precautionary Principle’ made it mandatory for the State Government to anticipate, prevent and attack the causes of environment degradation. The Court had no hesitation in holding that in order to protect the two lakes from environmental degradation it was necessary to limit the construction activity in the close v icinity of the lakes. Even though the Vellore judgment was followed in the subsequent decision of the Supreme Court, the Court felt the need to explain the meaning of the Precautionary Principle in more detail and lucid manner so that Courts and tribunals or environmental authorities can properly apply the said principle in the matters which might come before them. In A.P. Pollution Control Board v. Prof. M.V. Nayudu, tracing the evolution of precautionary principle the Court observed – Earlier, the concept was based on the ‘assimilative capacity’ rule as revealed from Principle 6 of the Stockholm Declaration of the U.N. Conference on Human Environment, 1972. The said principle assumed that science could provide policy-makers with the information and means necessary to avoid encroaching upon the capacity of the environmental harm was presumed that relevant technical expertise would be available when environmental harm was predicted and there would be sufficient time to act in order to avoid such harm. But in the 11th Principle of the U.N. General Assembly Resolution on World Charter for Nature, 1982, the emphasis shifted to the ‘Precautionary Principle’, and this was reiterated in the Rio Conference of 1992 in its Principle 15. Explaining the cause for the emergence of ‘Precautionary Principle’ the Court referred Charmian Barton, who argued â€Å" it makes sense to err on the side of caution and prevent activities that may cause serious or irreversible harm†. The Court opined that the inadequacies of science was the real basis that had led to the Precautionary Principle. It was based on the theory that it is better to err on the side of caution and prevent environmental harm which may indeed become irreversible. The principle of precaution involved the anticipation of environmental harm and taking measures to avoid it or to choose the least environmentally harmful activity. The Court adopted the view that ‘Environmental Protection should not only aim at protecting health, property and economic interest but also protect the environment for its own sake. Precautionary duties must not only be triggered by the suspicion of concrete danger but also by justified concern or risk potential†. The concept of burden of proof in environmental cases recognised in Vellore Case that ‘the onus of proof’ is on the actor or the developer/industrialist to show that his action is environmentally benign†, was further elaborated by the Supreme Court in the Nayudu case, M. Jagannadha Rao, J. noticed, while the inadequacies of science had led to the ‘Precautionary Principle’, the said principle in its turn led to the special principle of burden of proof in environmental cases where burden as to the absence of injurious effect of the actions proposed, was placed on those who wanted to change the status quo. This is often termed as a reversal of burden of proof, because otherwise, those opposing the change would be compelled to shoulder the evidentiary burden, a procedure which is not fair. Therefore, the Court observed, â€Å"it is necessary that the party who wants to alter it, must bear this burden†. The Supreme Court favours the view that if the environmental risks being run by regulatory inaction are in some way ‘uncertain but non-negligible’, then regulatory action is justified. According to the Court- In such a situation, the burden of proof is to be placed on those attempting to alter the status quo. They are to discharge this burden by showing the absence of a ‘reasonable ecological or medical concern’. That is the required standard of proof. The result would be that if insufficient evidence is presented by them to alleviate concern about the level of uncertainty, then the presumption should operate in favour of environmental protection. In Narmadda Bachao Andolan v. Union of India, the Supreme Court decided the issues relating to construction of dam on Narmada river which was a part of the Sardar Sarovar Project. Explaining the new concept of burden of proof the Court held that the ‘Precautionary Principle’ and the corresponding burden of proof on the person who wants to change the status quo will ordinarily apply in a case of polluting or other project or industry where the extent of damage likely to be inflicted is unknown. Where the effect on ecology of environment of setting up of an industry is known, the Court held- What has to be seen is that if the environment is likely to suffer, then what mitigative steps can be taken to off set the same. Merely because there will be a change is no reason to presume that there will be ecological disaster. It is when the effect of the project is known then the principle of sustainable development would come into play which will ensure that mitigative steps are and can be taken to preserve the ecological balance. The Court concluded, what was the impact on environment with the construction of a dam was well known in India, the dam was neither a nuclear establishment nor a polluting industry, therefore, the decision in A.P. Pollution Control Board’s Case would have no application in this case. Despite of the fact that the Court refused to apply ‘Precautionary Principle’ in this case as the impact on environment was known as could have been mitigated, in subsequent decisions of the Supreme Court one may find strict adherence to the Precautionary Principle and the new concept of onus of proof. To give effect to the Precautionary Principle, Government of India, published a Notification, which states that â€Å"the expansion or modernization of any existing industry or new projects listed in schedule I or Schedule II shall not be undertaken in any part of India, unless it has been accorded environmental clearance by the Central Government, or as the case may be, the State Government concerned in accordance with the procedure hereinafter specified in this notification†. The notification tries to achieve the objective that certain development projects should be carried on within the carrying capacity of the ecosystems, which will otherwise come under stress, so as to ensure that developmental activity takes place in harmony with the environment. This is possible only by careful assessment of a project proposed to be located in any area, on the basis of an Environmental Impact Assessment (EIA) of each project and the necessary Environment Management plan for the prevention, elimination or mitigation of the adverse impact on the environment, right from the very inception of the project. VII. Conclusion The Precautionary Principle, being a principle does not set forth absolute obligations. It simply establishes a policy for implementation by other regulatory means. Its relevance, however, would be in the development of a cluster of norms relating to procedural rules. These would include norms such as those requiring prior environmental impact assessment, the duty to warn or notify others, the duty to mitigate and assist in emergencies, as well as access to information. The emergence of the Precautionary Principle has permanently changed the face of international environmental law and policy. The challenge of implementing the Precautionary Principle while retaining the strength of its original vision is still posing difficult questions before the policy makers. Nevertheless it is well established that Precautionary Principle is an important principle of international environmental law and is gaining strength day by day. Besides being part of several international treaties and declarations the principle has been given place in the body of the national law of many countries. India has recognised and adopted the Precautionary Principle being party to many international declarations and conventions. The EIA notification of the Government of India, Ministry of Environment and Forests established the principle as part and parcel of the legal framework in India. Many pronouncements of the Supreme Court of India, to begin with the Vellore case, have strengthened and incorporated the international environmental law principle into the municipal law. The Apex Court in India has accepted the principle as part of the concept of sustainable development and has applied the principle several times in order to save environment and to give force to ratio of the judgment. We may therefore, draw inference that the Precautionary Principle has got a status of well recognised legal principle in India.