Quiz #1

Quiz#1

Modeste Obiona Ekonda

[Name of the Institution]

Quiz#1

In the book, ‘The World is Flat’ Thomas Friedman examined the influences that shape the competition and businesses in the modern-day world which is powered by technology. The article serves as an alert for the government as well as the businesses as they strive to stay ahead in the cut-throat competition. The book created a significant impact in the West as it provided a comprehensible analysis of the recent trends of globalization, its social and economic outcomes, and an influential cultural image of globalization. A significant idea is discussed in the books, which he called as ‘Ambition Gap’. The author is of the view that, the Americans are not ambitious enough when compared to other developed countries of the world. It is crucial to understand the notion raised by Friedman because ambition guarantees the successful future of any nation. Without realizing the importance of ambition, it is not possible for America to continue being the top leading country of the world. I agree with the author as in today's world the Americans have become lethargic and unambitious. In my view, the actual reason that the diminish of ambition is the perception of people belonging to different financial categories. Not only are the poor giving up on dreams, but the rich community has also quit dreaming. Both economic classes are not ambitious now, but they have different psychological reasons for it. The underprivileged believe that despite the extreme effort and hard work, they will not be able to escape poverty and become financially stable. On the other hand, those who have inherited their family fortune are indulged in their rich comfortable lives and assume that they will never be deprived of the privileges. They are unable to realize that the fortune they own has been hard-earned by their ancestors. America is recognized as the best among the developed and leading countries. It is famous for its top-notch educational institutions, technological innovations, and high standard pharmaceuticals. But when America is compared to its progress in the past, it seems that the Americans have lost the will to succeed.

In the book, Friedman wrote that a secret, only shared by the CEOs in whispers, is that the less-paying and less-reputable jobs are when outsourced to other countries, they are quickly accepted. Those who accept those jobs consider them as high-paying and respectable jobs instead. These jobs are actually cheaper according to the American currency rate. The employers get benefitted from the situation as they have to save up to 75% in the salaries of the employees but obtain 100% more output ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"eUyzSuwo","properties":{"formattedCitation":"\\super 1\\nosupersub{}","plainCitation":"1","noteIndex":0},"citationItems":[{"id":888,"uris":["http://zotero.org/users/local/YgsdZK9k/items/FAKRVYMQ"],"uri":["http://zotero.org/users/local/YgsdZK9k/items/FAKRVYMQ"],"itemData":{"id":888,"type":"book","abstract":"When scholars write the history of the world twenty years from now, and they come to the chapter \"Y2K to March 2004,\" what will they say was the most crucial development? The attacks on the World Trade Center on 9/11 and the Iraq war? Or the convergence of technology and events that allowed India, China, and so many other countries to become part of the global supply chain for services and manufacturing, creating an explosion of wealth in the middle classes of the world's two biggest nations, giving them a huge new stake in the success of globalization? And with this \"flattening\" of the globe, which requires us to run faster in order to stay in place, has the world gotten too small and too fast for human beings and their political systems to adjust in a stable manner?In this brilliant new book, the award-winning New York Times columnist Thomas Friedman demystifies the brave new world for readers, allowing them to make sense of the often bewildering global scene unfolding before their eyes. With his inimitable ability to translate complex foreign policy and economic issues, Friedman explains how the flattening of the world happened at the dawn of the twenty-first century; what it means to countries, companies, communities, and individuals; and how governments and societies can, and must, adapt. The World Is Flat is the timely and essential update on globalization, its successes and discontents, powerfully illuminated by one of our most respected journalists.","ISBN":"978-0-374-29288-1","language":"en","note":"Google-Books-ID: g3PbAgAAQBAJ","number-of-pages":"605","publisher":"Farrar, Straus and Giroux","source":"Google Books","title":"The World Is Flat: A Brief History of the Twenty-first Century","title-short":"The World Is Flat","author":[{"family":"Friedman","given":"Thomas L."}],"issued":{"date-parts":[["2005",4,5]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} 1. This symbolizes that the Americans have left the ways of hard work whereas the people in other countries acknowledge the importance of hard work and continue to be ambitious. Even in countries, that are developing and struggling, people tend to be industrious.

I was born and raised in Africa, and to pursue higher education, I came to America in November 2008. According to my experience, there is a huge difference in lifestyle, attitude, and ambitions when both countries are compared. The economic difference between both countries significantly influences the attitude and spirits of both nations. People in Africa live a life full of struggles, but they continue to work hard. They face more hardships but their dreams of improving their life, do not diminish. According to the facts, the immigrants from Kenya are the third most diligent foreigners. A report from 2008, showed that the score of Ghana, Bulgaria, and Kenya was 75.2%,74.2%,73.4% respectively, which handed these immigrants first, second and third positions on the list of most hardworking and skilled foreigner group in America. The other countries of Africa like Ethiopia, Egypt, Nigeria and Liberia are ranked fourth, fifth and eighth on this list. This is enough evidence to realize that the Africans have contributed to the economy of the US the most.

During my college years in America, I have realized that American students tend to believe that those who have a rich background will continue to succeed without making effort whereas the poor believe that no matter how much they try, they will not be able to change their financial conditions. Even though they work part-time jobs to pay their loans, but they do not dream of better living conditions. This perspective kills their spirits to be ambitious and achieve more. On the other hand, Africans tend to avail every opportunity to learn and grow. They are not afraid to invest their time and energy into work. They keep their spirits high and do not feel shame in working hard. Despite the fact that resources and facilities for native Africans and immigrant Africans are lesser, yet they stay ambitious to achieve success.

To change the scenario, both the poor and the rich must understand that the wealth has to be earned through hard work and the financial conditions can change either way. The rich should continue to contribute towards the progress of the country and the poor must adopt ways to improve their living conditions. In order for America to continue to be the most prominent power in the world, it is important the Americans adopt the habit of dreaming. Without dreaming and believing in dreams, they will not able to move forward. The competition in the coming years will increase even more. Securing a job will become more difficult. In such a crucial time, the most important thing to succeed will be ambitious spirits.

Reference List

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY 1. Friedman TL. The World Is Flat: A Brief History of the Twenty-First Century. Farrar, Straus and Giroux; 2005.

Reaction Paper

Title page

Reaction paper

There is a need for controlling misconduct of the police officers towards blacks because they are engaged in racial discrimination. The unjust attitude of police officers is visible because they are focused on stopping black residents more compared to whites. Police treat blacks more brutally that threatens their future. The facts reveal that blacks are more often stopped by the police in street stops and in the traffic stops. The use of deadly force against blacks depicts the need for reexamining the policies. White cops arresting the black men against crimes increased massively after the militarization. The inclusion of the facts that militarization resulted in the drug war and riots support the argument of excessive use of force against African-Americans. Every administration in America including Clinton, Bush, Obama and Trump increased police access to the black neighbourhoods where they encountered homeless people. The prevalence of racial discrimination reflects the creation of a fair environment for the police and the residents CITATION Ron12 \l 1033 (Burns, 2012).

Police intervention with the homeless creates more complexities for the blacks. Data reveals that "60% of Black residents who experienced the threat or use of force perceived the force as excessive, compared to 43% of white residents who experienced force” CITATION Ale183 \l 1033 (Jones, 2018). This confirms the use of discriminatory practices by police. Blacks and Hispanics are treated by police more often because a significant population is still homeless. Black residents are eight times more likely to be stopped by the police compared to the whites in New York City. This disparity is due to the traditional approach of police towards Africans and minority population. The police are inclined to treat blacks differently and associate them with crimes. The central reason for adopting brutal behavior against blacks is the racially biased attitude of the police.

Racial profiling also exhibits the prevalence of racial discrimination in America. Officers rely on their preconceived beliefs that blacks are violent and more likely to conduct crimes. This encourages them to use force and stop blacks on the streets. Evidence states, "New York City police reported using force in 23% of stops of Black and Latino residents, but in only 16% of stops of white residents” CITATION Ale183 \l 1033 (Jones, 2018). Such practices can have deteriorating impacts on the personality of the blacks and Hispanics. The police neglect to consider the mental problems that could cause further adversities. The misconduct can have detrimental impacts on the health of victims and many innocent blacks were shot dead. Due to ineffective policing racial profiling has essentially contributed to disparities in the justice system CITATION INI15 \l 1033 (CHETTIAR, 2015).

Cultural police disparities have undermined the system of justice and integrity. The black and Hispanic communities are not trusting the police and prefer to maintain distance. These disparities have derailed the legitimacy of the policing system and compromised public safety. Due to a lack of trust, the residents are less likely to report crimes to the police that will increase the rate of crimes. Blacks fear police due to their traditional approach of targeting innocent minorities. The brutal attitude of the police towards blacks and Hispanics have promoted negative police culture. Minority populations are less likely to trust police officers CITATION Ale183 \l 1033 (Jones, 2018).

This reflects the need for adopting a better policy that assures the elimination of discrimination from the police system. By imposing strict punishments and penalties on the officers engaged in discriminatory behavior the system would be able to offer protection to all citizens irrespective of their race or ethnicities.

References

BIBLIOGRAPHY Burns, R. G. (2012). Policing: A Modular Approach 1st Edition. Prentice Hal.

CHETTIAR, I. M. (2015). More Police, Managed More Effectively, Really Can Reduce Crime. Retrieved 2017 йил 12-Nov from https://www.theatlantic.com/national/archive/2015/02/more-police-managed-more-effectively-really-can-reduce-crime/385390/

Jones, A. (2018). Police stops are still marred by racial discrimination, new data shows. Retrieved 06 09, 2019, from https://www.prisonpolicy.org/blog/2018/10/12/policing/

Reaction To Brief In Marshall Cty Coal Co. V. Oliver

Alexandra

Instructor Name

Course Number

28 January 2018

Title: Reaction to brief in Marshall Cty Coal Co. v. Oliver

The amicus brief that the ACLU filed to support John Oliver was to defend Oliver from being sued by Bob Murray, of Marshall Count Coal, with regards to a comedy segment in his television show. Oliver discussed safety violations occurring in their mines in a satirical way which gave the impression that business interests were more important than the workers' safety.

Despite the fact that the brief discusses a number of elements related to comedy and satire, the main subject matter of the case carries serious implications. The arguments from the ACLU that showcase Murray as a habitual litigant often trying to suppress media outlets by suing them are also convincing. Many such organizations try to exploit the legal system to suppress any voices raised against labor violations.

Furthermore, proving defamation requires that there is suitable and sufficient evidence indicating malice. Malice is indicated by making false statements in obvious disregard of the truth. The legal implications of the otherwise absurd case are serious, since it discussed the right of the press to satire, be rude and irreverent; a critical debate in the matter of 1st amendment protected free speech.

The people who would go through the brief may find it funny and non-serious. Although, the lawsuit holds little merit in my view; however, the ACLU’s personal interest in going at lengths to defend John Oliver may, in fact, be driven by the need to generate PR and increase donations for the body. Therefore, it is likely that there were certain organizational goals at the backend of the brief.

Moreover, Oliver is able to successfully defend himself as a comedian whose job revolves around satire. His job is precisely to poke fun, be proactive, say the unusual and do what is absurd. Whether Bob Murray resents it or not, it is still legal speech protected under the 1st Amendment, and thus an America right.

Reactions About Police Suicide

Reactions about police suicide

Student’s Name

Institution

Date

Reactions about police suicide

Recently, there have been several cases of police suicide across the country. Every day we read from newspapers, videos of several situations where a law enforcer has taken his or her life. This is surprising because of the image, which people perceive police officers in the society. Normally, the public relate police officers to toughness, authority, serious and strict law implementers. The public cannot believe that behind such a string face and strictness of the police shows the public, there is a hidden suffering of innocent people. Research indicates that police officers suffer a lot of trauma and depression, which in several occasions have caused death and continue to take majority of them from the force CITATION Mil12 \l 1033 (Miller, 2012). Many police officers who suffer from depression, stress and trauma fear sharing with their colleagues for fear of being victimize and eventually lose their jobs. However, the causes of suicide among the police officers could be trauma, and depression which occur because of pressure from work, balancing between family and work and alcoholism.

Research shows that the rate of suicide among the police officers has increased within the last decade CITATION Cha13 \l 1033 (Chae & Boyle, 2013). I also often see video and read from Newspapers cases of suicide within the police force. These cases have increased due to stress, which has increased among the police officers. Police like any other person, suffers from personal problems, which requires special attention to help a police officer overcome personal problems. The stress is related to work, family issues, and personal problems. It is therefore, evident that police officers suffer the same condition which other people face in real live. Waking early in the morning with distressful news of an officer who has committed is so destructive and it is a situation which police officers experience daily at work. Police officers suffer from stress from work and family related issues. Studies have shown that police fear to share being of being judged by their colleagues. Stress and depression also affect the reasoning and behavior of people and therefore, police officer suffering from depression or stress cannot be trusted to deliver the duty of police officer and therefore, revealing their mental health could cause someone his or her work. This has increased the number of police officers with mental issues within the police force.

It is important for the police department to establish the best and suitable mechanism of addressing cases of suicide within the police force. In order to solve the problem, the police department must first understand that police officers can suffer from stress and depression just like other people and therefore, they should not be victimized. It is because many police officers suffer in silence due to victimization and this could lead to broken police office where poor judgments are made. Sigmund Feud argues that mental health is rational and without proper controls through monitoring and examination it can explode CITATION Mic18 \l 1033 (Miller M. E., 2018). It could be cases of police shooting of civilians are as a result of unstable mental status of police officers. It is important to make sure that police are mentality examine and this could only be established when police department is open for change to accept the condition of police officers.

In order to address the problem of suicide within the police force, the police department must established the best way to detect symptoms and condition of stress, depression and trauma among its officers CITATION Cha13 \l 1033 (Chae & Boyle, 2013). With early detection of trauma and all these conditions, which can make a police officer to commit suicide, the police department would be able to solve the problem address trauma and create an environment where police can work with fewer difficulties. Studies show that police officers have been sacked before of mental health condition, and this has made many police officers to fear of anyone knowing their mental statues. In many cases, a police reports his or her mental health chances and the next day, he or she is asked to go for a leave. Personality, I do not think this makes sense at all. There must be a mechanism to provide mental health support to the law enforcers.

The best strategy would be the establishment of the mental health clinic for law enforcers and also to have psychiatric working together within the police department to help in solving problems related to mental health issues CITATION Lau06 \l 1033 (Miller L. , 2006). I believe the causes of increase of suicide cases within the police are the victimization. Without victimization the police officer would be willing to share their fear with their colleagues and superiors for help. First, it would important to accept mental health as a key issue within the police and accept police officer undergoing such condition CITATION Mic18 \l 1033 (Miller M. E., 2018). It would be essential to establish clinic within the police to help solve their problem. Besides the work environment, time schedule and other benefits should be provided to the law enforcers so that they can feel comfort like other workers and this would help in addressing the problem of mental health issues hence reduce cases of suicide, which has been common within the police department for years.

In conclusion, the suicide rate among the police officers has been on rise. The suicide is caused by stress, depression and trauma, which many police officers undergo every single day. It is therefore, important for the police department to help in addressing the problem, through the establishment of counseling and mentorship program within the police force. It is also important to stop victimization of police officer having stress and depression and this would help in reducing cases of suicide within the police force.

References

BIBLIOGRAPHY Chae, M. H., & Boyle, D. J. (2013). Police suicide: Prevalence, risk, and protective factors. Policing An International Journal of Police Strategies and Management , 2-15.

Miller, L. (2006). Officer-Involved Shooting: Reaction Patterns, Response Protocols, and Psychological Intervention Strategies . International Journal of Emergency Mental Health, , 2-15.

Miller, L. W. (2012). Police officer suicide: causes, prevention, and practical intervention strategies. Published in International journal of emergency mental health , 2-35.

Miller, M. E. (2018). Months after a fatal police shooting, a young officer turns his gun on himself. 2-15.

Reflection Paper

Your Name

Instructor Name

Date

Reflection Paper

In any country, a legal system is a vital element to successfully operate a country’s matters. From an average blue-collar to an average Wall Street broker, the legal system is utilized every day by every person. Thus, it is undeniably true that a country can only progress if the legal system is strong and every citizen is following rules and regulations defined in the legal system properly. In 1998 a film named A Civil Action was released that also highlighted the loopholes present in the legal system CITATION Zai98 \l 1033 (Zaillian). This film was written and directed by Steven Zaillian and the lead cast include John Travolta, Robert Duvall, and James Gandolfini. The film revolves around a court case regarding the contamination of local aquifer by an industrial solvent named trichloroethylene. The film depicts power of class-action lawsuits in the context of the civil justice system.

A class action is a type of lawsuit in which one party consists of a group of people represented by a member that they select unanimously. In short, a plaintiff sues a defendant on behalf of a group of people. Another important aspect of a class-action lawsuit is that it provides restitution to the plaintiffs as well. This facilitates the plaintiff who cannot afford an attorney. Furthermore, action lawsuits also reduce the number of suits as in spite of several small lawsuits, once a suit is filed.

In the film, Civil Action, attorney Jan Schlichtmann and his small law firm were asked by the residents of Woburn to take legal action against the people responsible for contaminating the area’s water. It is very common in many areas that there is no proper way to dispose of industrial wastage. Most of the time industrial waste is directly disposed into the drinking water. In the film also the residents of Woburn were facing the same issue. The consumption of contaminated water caused fatal cases of cancer and leukemia due to which many people especially children died. So Anne one of the residents persuaded Jan to take the case and file a lawsuit. Initially, Jan was a bit reluctant as according to him the case was unprofitable. However, after learning about the environmental issue and the hazards that contaminated water pose on the citizens of Woburn he decided to take a case.

Jan decided to be a representative of families and therefore brought an action lawsuit in the federal court. The case was brought against two giant corporations that were W.R Grace and company and Beatrice Foods. The first trial consists of arguments over categorizing a trial into separate damage phases and liability. However, Beatrice Foods were found not liable while W.R. Grace and the company were found liable. Thus, the Judge of the case granted a motion for mistrial and therefore the court of appeals ordered a new trial regarding the case. The aim of Jan and the residents of Woburn wanted an apology from both the corporations and a clean-up of the contaminated areas especially contaminated water. As both the corporations were strong their lawyers were also not easy to intimidate. The judge made a ruling against the plaintiff that put Jan and his partner in a position where their professional and financial status was on stake.

After a series of trails, the attorneys of the two corporations offered a settlement which was denied by Jan as he was fully aware of the environmental hazards caused by the corporations. However, at some point in the movie, it was shown that Jan became extremely stubborn and wanted to win the case at any cost so he declined every offer made by the opposing parties. So, in the end, the case was dismissed in the favor of Beatrice Foods and plaintiffs were forced to accept the settlement offer made by Grace and company which did not even cover the case expenses. The residents of the Woburn were extremely disappointed. Jan's partner also decided to finish the partnership and Jan had to end up alone. At the end of the movie, it was revealed that Jan was able to find key witness but due to lack of resources he was unable to appeal the judgment. Due to the huge loss Jan files for bankruptcy. As the film was based on the real-life court case the postscript revealed that despite winning the case W.R. Grace and the company were found guilty of lying to the environment protection agency (EPA) regarding the use of toxic material and disposal methods. Thus, eventually, they had to face the consequences of lying.

The film highlighted several important aspects of the judicial system. The film emphasized the importance of action lawsuits and how it is convenient for the people who are unable to afford the attorney. However, the film also depicted several flaws in the arguments done by Jan. The residents and of Woburn and Jan wanted an apology from the two well-known corporations. For them, an apology means that companies verbally apologize to the citizens. It was the responsibility of Jan to guide the residents that a corporation will not apologize as an apology means that corporations are guilty and they would lose their reputation in the market. Additionally, the residents were looking for someone to clean the contaminated area. Jan must have told them that the corporation will not clean the mess yet the court will order someone to clean the contaminated area. Moreover, Jan must have told the residents that the best way to make the corporation realize that they are guilty of contaminating was to seek money from them. Also, in real-life the best option is to agree upon a settlement in cases like this as corporations will make sure to win the case at any cost and they can also buy fake witnesses and experts even the Jury members to make a judgment in their favor.

Works Cited

BIBLIOGRAPHY A Civil Action. By Steven Zaillian. Dir. Steven Zaillian. Touchstone Pictures, Paramount Pictures. Buena Vista Pictures, 1998.

Reflective Journal 1: Ethics And Integrity

Reflective Journal 1: Ethics and Integrity

[Author Name(s), First M. Last, Omit Titles and Degrees]

There is a close relationship between the criminal justices and the ethics. The ethics principles in criminal justice include such general principles of morality as humanism - the recognition of man as the highest value and altruism. The principles that characterize the essence of a particular morality, there are so-called formal principles, already related to the methods of fulfilling moral requirements. Such are, for example, consciousness and its opposite formalism, fetishism, fatalism, fanaticism, dogmatism. Principles of this kind do not define the content of specific norms of behavior, but also characterize a certain morality, showing how consciously moral requirements are fulfilled.

The relationship between morality and ethics is one of the important aspects of studying these social phenomena, which is of particular interest to criminal justices. Historically, the subject of ethics has changed significantly. It began to take shape as a school for educating a person, teaching his virtues, was considered and viewed (by religious ideologists) as a call for a person to fulfill divine covenants that ensure the immortality of the individual.

Ethics as a science serves the social and economic progress of society, the assertion in it of the principles of humanism and justice. It is viewed as the doctrine of unquestionable duty and methods of its implementation, as the science of the formation of the "new man" - the disinterested builder of an absolutely fair social order, etc.

Reflective Journal 2: Ethics Of Means And Ends

Reflective Journal 2: Ethics of Means and Ends

James Grey

Institutional Affiliation(s)

Reflective Journal 2: Ethics of Means and Ends

Law is the dictate that governs the functioning of the state. The criminal justice system is its one component that revolves around police functions, criminals and the mainstreaming functions. Here the concept of ethics and means comes quite handy as every deed has its own means and ends to achieve. This means and ethics were propounded by Italian thinker “Niccolo Machiavelli” who stated “ends justify the means”. However, modern policing is different than that black-and-white approach of the past. Here ethics comes first when dealing with those deviants in the society. A chief of police has to follow the ethical approach when dealing with criminals or giving moral support to victims.

This harmonious equilibrium of means and ends has several serious concerns. A chief of police has to take care of the sentiments of the aggressor and the aggrieved. He has to be attentive and considerate towards both parties and strike the best possible solution in order to avoid repeating the crime in the society. Another problem is to be really proportionate in dealing with the criminals. The treatment meted out to them must not be too harsh as it would amplify the criminal tendencies in the society.

Moreover, as chief police officer it is mandatory to be really upright and moral in character since it is about the leadership in the organization. If the leader acts unethically, then the whole organization suffers with several social malpractices. The accountability mechanism and the strict code of conduct is an essential feature of the effective policing in the state.

Thus, as a chief police officer in the state, the means could be diversified in apprehending the criminal but the ends must be moral in substance and nature. proper care must be taken to eradicate the crime from the society, and not augment it at all.

Report

Report

[Name of the Writer]

[Name of the Institution]

Report

Introduction

Human trafficking has evolved as one of the most rapidly growing criminal activities on the face of the earth. Human trafficking is often called modern-day slavery (Flores, 2016). Numerous protocols and policies have been imposed to tackle this menace. Despite spending billions of dollars earmarked and spent to curb human trafficking, it remains an issue that has always been simmering under the surface. Every now and then, there appears a piece of news on the media regarding the issue. Sometimes the victims are being forced or coerced into labour, at others they are made to serve as bonded labourers (Marschke & Vandergeest, 2016). Many juvenile victims of human trafficking end up serving as child labourers. Children trafficked are often subjected to prostitution. Another issue that trafficking involves is the illegal sale of the organs. Sometimes, the victims are tricked into giving up a vital organ. At others, despite being promised hefty amount for their organs, victims are subjected to fraud. Then there is the case where organs are removed without obtaining the consent of the victim. Finally, adult victims are forced into prostitution. This type of human trafficking is known as sex trafficking. This report intends to find the proper definition of human trafficking. The features of the criminal organizations involved in this dreadful act. The operational environment in which the organizations operate. Additionally, this report will include data on human trafficking from multiple sources.

Discussion

Definition

In the face of growing human trafficking and the challenges it poses to global security, the United Nations General Assembly adopted a resolution numbered 55/25 on November 15th, 2000. The resolution is named as "The United Nations Convention against Transnational Organized Crime". The significance of this resolution could be understood by the fact that it is the prime instrument employed by the UN to curb this shocking act. "The United Nations Convention against Transnational Organized Crime" further includes a protocol that is specific to human trafficking. This protocol is called "The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children". This article of the resolution number 55/25 was enforced on December 25th, 2003. This article contains a definition of human trafficking that the ratifying member states had agreed upon. According to the document of the resolution number 55/25, the definition of human trafficking is “recruitment, transportation, transfer, harbouring, or receipt of persons by improper means (such as force, abduction, fraud, or coercion) for an improper purpose including forced labour or sexual exploitation" (United Nations Convention against Transnational Organized Crime). This protocol having huge importance in the global fight against this crime was signed during a three days meeting of the United Nations held in Palermo, Italy, on 12th to 15th December 2000. The resolution 55/25 highlighted the need for close international collaboration and the creation of strict laws to enforce domestically among the member states.

Features of the Criminal Organization

Ever since childhood, there exists a notion about freedom which is still present today. Children are taught that Abraham Lincoln, the 16th President of the United States, emancipated numerous slaves. This is a belief which is reinforced by the fact that all men are created equal. However, at the same time, it seems that the number of slaves is at the highest in today’s modern society. Modern-day slavery is not only restricted to developing or underdeveloped countries, but this endemic persists in developed countries as well. This modern-day slavery is often known as human trafficking. The organisations involved in this dreadful acts are very well organized. These organizations thrive due to the fact that hundreds of people are willing to pay for their services. The ultimate goal of these organisations involved in this crime is to amass wealth. The members of the organizations take pride in their work. The leaders of these organisations wield great influence on politics and political leaders. These organizations are structured like a regular and legal business (Campana, 2015). The chain of command of these organizations is following. There is a boss or leader that sits at the top of the hierarchy (Campana, 2015). Further down there are deputies to the boss, treasurers and advisors. Furthermore, there are accountants and technical staff to help the smooth flow of activities of the organization (Lloyd, 2019). To engage in any battle on the legal front, these organizations hire top lawyers. Advisors working really close to the boss give crews certain duties. Members found derelict of their duties are often punished and fined. Therefore, members carry out their tasks with great dedication. Maybe, that is why this crime still exists in the 21st century.

Features of Operational Environment

The business of the organizations involved in human trafficking has certain activities that need to be executed with great cohesion. The hapless victims of this crime are, more often than not, allured by spurious promises like a well-paying job or a relationship that would last long. Human traffickers prey upon the recalcitrant youth that may have run away from their homes, people fleeing war-ravaged regions or tourists that might be adequately familiar with the language, laws and rights like the locals of a certain area (Freccero et.al, 2017). This implies that the victims may hail from different ethnic and socioeconomic backgrounds, however, what they share together is a characteristic of vulnerability (Dickman, 2016). The organization involved in human trafficking at their lowest level of operations hire a recruiter to lure people with fake promises of jobs or hire men and women to attract people with promises of marriage. The victims are tempted by the idea of a better life for themselves and their families. However, when a victim gets trapped in the net of this crime, it is a great challenge for them to escape that net. The reason behind this is the handlers of the victims deprive the hapless victims of their rights. Their consent does not mean one bit to their handlers. Often, handlers employ brutish tactics and physical force to keep the victims under their command. For instance, when a man or a woman, who were promised a lucrative job in a developed country, disembark from the plane after their arrival, instead of going to the office they were promised, they are intercepted by the handlers. The handlers force the victim to toil in the work of their liking. Victims work hours and hours without sufficient pay and rights.

Data on Human Trafficking

The United Nations released a report titled “A Global Report on Trafficking in Persons”. The report portrays a grim picture when it comes to the human rights of the victims trafficked. The report was compiled by the United Nations Office on Drugs and Crime (UNODC). The report collected data from 97 countries. The scope of the report is it presents facts and numbers of humans trafficked globally. Additionally, it also describes the actions taken against human traffickers by the authorities. Moreover, it also sheds light upon even more grimmer aspect of trafficking. Human trafficking in regions engulfed in armed and military conflict. The report describes that, although the number of humans trafficked annually has increased significantly, the capacity of countries in order to fight this crime improved remarkably. Additionally, the overall number of convictions also increased manifold. The increase in convictions is recorded mostly in the Middle East, Africa, and Asia. Data on humans trafficked in 2016 shows disturbing statistics. Based on the data of 97 countries, there were round about 25000 people that were detected (Global report on trafficking in Persons, 2019). An average of 254 people from each of the 97 countries. The number of convictions also increased as indicated in the report. Globally, around 67% of the total people who were standing trial in human trafficking cases were convicted and were awarded sentences accordingly (Global report on trafficking in Persons, 2019). This is an increase of 37% from the last year. This implies that with increasing human trafficking, the number of convictions increased too. For Asia, Africa and the Middle East, the conviction rates are 148%, 100% and 100% respectively (Global report on trafficking in Persons, 2019). The conviction rate in Central America and South America stands at 130% (Global report on trafficking in Persons, 2019). However, regions with fewer convictions do not mean that human traffickers are not present in those regions. Certainly, fewer convictions would send a message to the criminals involved in this act that they could act with impunity. The most common target of human traffickers is women. According to this report, 49% of the victims were women. This does not mean that men are not trafficked. 21% of the victims were males (Global report on trafficking in Persons, 2019). Furthermore, the report also describes that there is a number of children among the victims of human trafficking. 23% of the children were girls and 7% of them were boys (Global report on trafficking in Persons, 2019). The report suggested that sexual exploitation is the most prevalent situation of human trafficking. In South America, Central America and North America, the victims are sexually exploited. The same situation persists when it comes to Europe and Asia. However, in North Africa, the victims are forced to beg. Forced labour is the most widespread outcome of human trafficking in the Middle East and West, East and South Africa.

Impact of Human Trafficking

The economic effects and impact of human trafficking are rippled through both countries. The one where humans are trafficked from and the other where they are trafficked to. Human trafficking has broader implications for the country from people are trafficked. That these people are bonded labourers and have a debt to pay off, they cannot send remittances back to the country of their belonging (Oosterhoff, 2018). Additionally, there is a loss of human resource to the country from people are trafficked. Due to forceful child labour, the children are often deprived of building their personalities and capacities to the fullest (Kiss, 2015). Had the children been given proper education and healthcare, they would have been more productive citizens. The societal implications are even broader to human trafficking. The people being trafficked leave their families behind in the hope of better lives. However, once these people are intercepted by the handlers, those dreams are shattered. The family of the man or women trafficked suffer a lot in the absence of their family member. The society as a whole suffers due to loss of human resource. In the case of women trafficked, lack of motherly love and support in the personality development of the children often results in the children being the least productive citizens. The damage done to them, in this case, is irreparable. The health risks involved in human trafficking are huge. Both before and after the journey, the victims are susceptible to multiple lurking dangers. There are risks of getting injured and even death. The inadequate food supply, dreadful sanitary conditions pose a grave risk to the health of victims. Victims of the sex industry, more often than not, end up contracting HIV due to unsafe sexual practices (Hemmings, 2016). The human rights of the victims involved in human trafficking are blatantly violated. They are deprived of their right to speech, right to freedom of movement, right to life and right to freedom from slavery.

Conclusion

One wonders that despite sufficient legislation, human trafficking is not being vanquished. In fact, according to the report “A Global Report on Trafficking in Persons”, human trafficking has seen a hike from previous years. There are multiple factors to be considered that are not letting this heinous act plummet. The biggest factor attributing in the rise of human trafficking is perhaps globalization. When human life is treated as a commodity it has monetary benefits attached to it. Human traffickers for the sake of money smuggle innocent beings. While these innocent beings are oblivious to their fate, traffickers forsee monetary gains from them. to fill the employment gaps, these trafficked humans are considered as a perfect match. That is because they can offer cheap labour in order to make ends meet. The surge in illegal immigration has provided traffickers with a ripe ground to expand their business. To counter this rise in illegal immigration and subsequent human trafficking, developed countries have imposed strict visa regimes. The globalisation of technology has assisted traffickers to expand their operational capabilities. The internet has provided traffickers with an opportunity to continue their dreadful acts while their identity remains obscure. Traffickers are using the internet as a tool for their business perhaps because the internet is highly unregulated. Another factor adding up to the list of human trafficking is the prevalence of cheaper transport. Decreased cost of transportation has encouraged the traffickers looking to indulge with innocent lives. To fight against human trafficking and save hundreds of lives, a massive public awareness campaign is a dire need at this time. Not only this is costing countries millions of dollars in the form of legislation, measures to curb this act, but it is also having detrimental consequences upon the societal fabric.

References

Campana, P. (2015). The structure of human trafficking: Lifting the bonnet on a Nigerian transnational network. British Journal of Criminology, 56(1), 68-86.

Dickman, E., Spears, A., Burval, J., & Hasty, C. (2016). Human Trafficking.

Flores, N. M. (2016). Human Trafficking and Modern-Day Slavery. Proceedings of the Catholic Theological Society of America, 71(1).

Freccero, J., Biswas, D., Whiting, A., Alrabe, K., & Seelinger, K. T. (2017). Sexual exploitation of unaccompanied migrant and refugee boys in Greece: Approaches to prevention. PLoS medicine, 14(11), e1002438

Global report on trafficking in Persons. (2019). Unodc.org. Retrieved 3 June 2019, from https://www.unodc.org/unodc/data-and-analysis/glotip.html

Hemmings, S., Jakobowitz, S., Abas, M., Bick, D., Howard, L. M., Stanley, N., ... & Oram, S. (2016). Responding to the health needs of survivors of human trafficking: a systematic review. BMC health services research, 16(1), 320.

Kiss, L., Pocock, N. S., Naisanguansri, V., Suos, S., Dickson, B., Thuy, D., ... & Borland, R. (2015). Health of men, women, and children in post-trafficking services in Cambodia, Thailand, and Vietnam: an observational cross-sectional study. The Lancet Global Health, 3(3), e154-e161.

Lloyd, D. (2019). Human Trafficking in Supply Chains and the Way Forward. The Palgrave International Handbook of Human Trafficking, 1-24.

Marschke, M., & Vandergeest, P. (2016). Slavery scandals: Unpacking labour challenges and policy responses within the off-shore fisheries sector. Marine Policy, 68, 39-46.

Oosterhoff, P., Burns, D., Prasad, B., & Robinson, S. (2018). The Modern Slavery Trap: Bonded Labour.

United Nations Convention against Transnational Organized Crime. (2019). Unodc.org. Retrieved 3 June 2019, from https://www.unodc.org/unodc/en/organized-crime/intro/UNTOC.html

Research Assignment

There is no Property in the Human Body

Student’s Name

Institution

Course code

Date

Introduction

There are some prolific questions that exist in the entire field of law whether or not there is a property in the human body. Kezenski (2013) pointed out that under the conception of the law applied in many areas in the law, there can never be a commercial body in the dead the body. The interesting contentious issue is about whether the dead body posses the right of property or if it qualified to an interest of the property. Most of the discussion by the learned has focused on the R.S. Guerney opinion on the right of the dead in regard to property CITATION Har08 \l 1033 (Hardcastle, 2008). However, learned Gurney argued that the right of the dead body to property is the subject mostly from the responsibility, which lies on the closest relative to bury the dead. The human body, therefore, cannot be regarded as a property in any form whether dead or alive. In this case, it means that there is no property in the human body. This paper, therefore, analyzes the statement “there is no Property in the Human Body” in regard to the common law. The paper provides case studies regarding the common law and property to provide clear understandable discussion regarding the statement.

The traditional law regard the human body has valueless and upon death, the sources of the body have no right to the body. The administration has used such law to limit the rights of the next of kin to give a decent burial to the dead. Even taking possession of the dead has been difficult in the past due to the same law. The human body or corpses are regarded in the same as a lump of clay and other valueless things immediate a person is declared dead. The common law, which states that there is no property in the law, has also been used to justify several actions and used to deny the family of the deceased there right to give the deceased a decent burial However, the advanced technology has improved the value of the human body and it is no longer regarded as no property CITATION Ale01 \l 1033 (George, 2001). The body has some substances, organs, and human tissue. It is argued that as a result of biotechnology, the human body can no longer be regarded as valueless. For instance, the case of Moore v. Regents of the University of California 973 P2d479 (Cal.1990). In the case, the plaintiff allowed the doctors to remove his spleen during the treatment of cancer. While he agreed to the operation and the removal of his spleen, he did not give the doctors and research the right to use his tissue for research. In the case, it was declared that it was illegal to use his tissue for research without his consent and therefore, an argument of no property of the human body is an issue, which is about to be won due to advanced technology CITATION Gen17 \l 1033 (Dee, 2017). The legal issues regarding the case are whether the person has personal rights on parts of his body and tissue and therefore, there no property of the human body is applicable or not. And based on the case, it is evident a person has rights over part of his or body and therefore, the common law is challenged.

However, according to a popular lawyer Mr Guerney, there is no property in the dead body and not protected by the authority. It means that an individual has no right over his or her body and this declared every human part valueless CITATION Nei18 \l 1033 (Maddox, 2018). It is also translating that the dead body has no rights, and it is upon the court to declare what could be done with the body. The dead body is, therefore, depends on the ruling, which the court can make. This statement has been challenged by several previous rulings and with the advanced technology and recent discoveries in biotechnology; it would soon be invalid to declare that the body has no property value. In the case before the Supreme Court of Queensland (Re Cresswell [2018] QSC 142), Justice Brown made a surprising ruling, which allowed Ms Creswell to use her last partner sperm to try to have a child. Mr Davies died on accident and it found when he had already donated his sperm to the sperm bank CITATION PDG92 \l 1033 (Skegg, 1992). With the help Davies' family members, Ms Creswell made an application to remove the sperm and used and the Judge gave an order. The ruling made by the judge confirmed two important facts about no property of the human body argument. First, it sustains that the next of kin has the right over the deceased body. Since Mr Davies did not indicate any resistance on the use of his sperm and the judge no choice but to allow his partner to use it for conceiving. The matter of fertility is upon the health professional to determine.

The declaration of the case that Ms Cresswell could use the sperm of her partner, confirmed that human body has value making the common law that there is no property of human body questionable CITATION JAM15 \l 1033 (EDELMAN, 2015). It also confirmed that the next of kin has right over the body of the deceased and through the court of law; the next of kin can obtain an order to bury the body and use any parts of the body as long as the deceased person never opposed such move when he or she was alive. It also means that the sperm can be property and therefore, can be legally owned under the common law CITATION Mar16 \l 1033 (Marusyk & Swain, 2016). In Queensland, there is no law that provides guidance on the use of sperm of the deceased person and therefore, the court had to make a decision based on the common law CITATION Naw64 \l 1033 (Nawrocka, 1964). In this regard, the court found it that the sperm was a property and it can therefore, Ms Cresswell can take the sperm of her partner and use for production purpose.

However, it is still illegal for anyone to use any part of his or her body for economic benefit. In the case of Moore v. Regents of the University Of California 973 P2d479 (cal.1990), the majority of judges agreed that using any part of the human body for financial benefit is illegal and therefore, by there is no property in the human body. It means that the Regents of California violated the law and the right of the patient CITATION The18 \p 23 \l 1033 (The Rule of Law Institute of Australia, 2018, p. 23). Based on the ruling of the judges, it is clear that the next of the use of any party or body for commercial purpose is illegal.

In conclusion, the common law "there is no property on the human body was derived to property the people from being enslaved. And based on several case studies, the technology has changed the use of the human body and therefore, can never be regarded as valueless. Under some circumstances the right of the next kin of the right of the person over his or her body tissues or organs. It is also essential to state that there is no property of the human body but some circumstances can force the situation to make a ruling which makes the human body be regarded as property.

Bibliography

BIBLIOGRAPHY Dee, G. (2017). The Supreme Court of Queensland has said a young woman can have a baby – why should you be interested? Journal of International Law, 12-38.

EDELMAN, J. (2015). PROPERTY RIGHTS TO OUR BODIES AND THEIR. http://www.law.uwa.edu.au/__data/assets/pdf_file/0008/2795570/James-Edelman-Property-rights-to-our-bodies-and-their-products.pdf, 2-4.

George, A. (2001). Property in the Human Body and its parts reflections of self-determination in Liberal Society. http://cadmus.eui.eu/bitstream/handle/1814/172/law01-08.pdf, 5-38.

Hardcastle, R. (2008). Law and the Human Body: Book Review. Ontario: Hart Publishing, 2007.

Maddox, N. (2018). Property Rights in the (Fragmented) Human Body. Maymouth University Law review, 2-15.

Marusyk, R. W., & Swain, M. (2016). A QUESTION OF PROPERTY RIGHTS IN THE HUMAN BODY. https://commonlaw.uottawa.ca/ottawa-law-review/sites/commonlaw.uottawa.ca.ottawa-law-review/files/20_21ottawalrev3511989.pdf , 22 (2), 1-38.

Nawrocka, M. (1964). Is My Body My Property? 136 | Adam Mickiewicz University Law Review, 2-18.

Queenland, Supreme Court of. (2018). Re Creswell [2018] QSC 142. https://archive.sclqld.org.au/qjudgment/2018/Summary_QSC18-142.pdf , 21 (4), 12-35.

Skegg, P. D. (1992). Medical Uses of Corpses and the ‘No Property’ Rule. Medicine, Science and the Law, 1-34.

The Rule of Law Institute of Australia. (2018). IVF and Legal Precedent – Re Cresswell Qld. https://www.ruleoflaw.org.au/ivf-and-legal-precedent-re-cresswell-qld/, 2-15.

Research Essay

Research Essay

[Name of the Writer]

[Name of the Institution]

Introduction

Shark net is defined as a submerged net that is placed around the beaches so that attacks by sharks on swimmers can be reduced. Gillnets are the majority of shark nets that are used, acting as a wall of the net that hangs in water and then captures the shark by entanglement . The length of nets used in Queensland Australia is probably 186m long and they are set at the depth of about 6m, designed to catch sharks that are more than 2m in length. Different resources of information assert that using shark net has proved to be effective in 1900 till 1937, about 13 people were killed while in the next 72 years, the number of deaths was reduced to 8 only . Although shark nets have proved to be effective in reducing the death rate, on the same board questions arise in terms of environmental impact because shark nets result in the incidence of bycatch that threatened and endangered species such as dolphins, whales, sea turtles as well as dugongs. Keeping human safety at one side, debate was initiated in the form of DAF (Qld) v Humane Society International (Australia) Inc [2019] FCAFC 163, for the use of shark nets in Queensland which asserted that the use of shark nets is ineffective as it violates animal rights and there are several other methods that can be used for preventing the shark attack. This paper argues the effectiveness of shark control programs by determining the consequences of using shark nets. It is argued that shark nest has failed to be a good option to create a balance between the choice of sharks and human life, on the basis of which, several recommendations are proposed on the baseline of fact that, “government should consider giving significance to shark life as well as human life, shark net is threatening other harmless species as well”.

Discussion

Sharks nets are one of the most commonly used safety measures in Queensland and Australia that can help to control shark attacks. Several discussion has been conducted, with an aim to analyze if shark nets are effective or not.

Shark nets and their necessity

In accordance with the recent information source, it is highlighted that the long 51 beaches, covering the areas of 250 km of the New South Wales coastline, there are a lot of beaches, ruined by the net. The net lines were approved and deployed in 1935, which are used as only a two-year experiment . However, by 1937, it was found that there are no cases found in terms of the shark bites and none of the government funding was provided to address the stance or find if there are any gaps. The rationale of net line can be traced from NSWs imminent 150th anniversary which inferred that the state politician was fearful of the shark attacks during the celebration. The nets were removed during the second world war taking into account the aim of facilitating the American fisheries. Later in the time of next three years, between 1943 till 1946 there were no significance of shark bites at the un-netted beaches . However, by the end of the war, William McKell announced that the use of net lines was so invaluable, reporting that there were shark faculties recorded. So, despite eradicating the use of shark net, he announced that the shark nets should be used in coordination with the experimental shark repellant because “if meshing alone were used, I fear it would prove to be of little value. Worse, it would possibly lull the public into a sense of false security, leading to diminished watchfulness and possibly to tragedy .”  Ultimately, knowing that there are no shrank bites, and a little treat to the people's lives, the nets were again enacted and they were extended to the Hunter as well as Illawarra adhering to the new plan of action. The beaches of the Queensland are one of the major and important places for swimming but the only threat prevalent is that of Sharks because sharks are assumed to inhabit the coastline, along with rivers, creeks, estuaries and the streams .

Taking into consideration this threat, Shark Control Program was introduced also called (SCP), that was in place from 1916 and 1962, which inferred that there were 36 shark attacks in Queensland that resulted in 19 fatalities . However, after the implementation of the program, the total number of case of shark attack was found to be only one. It is also found that the SCP relies on the drumlines and nets, several times it is the combination of both so that the shark attacks can be controlled. It tends to lower the risk of shark but on the same board, this program was more like a penetrable barrier between humans and sharks. The SCP aims at the re-education on the effect of prevention methods, without any impact on human safety, which seems to be static in nature because it requires a call on the hotline which is way too far in the present time of steadiness and readiness .

Review from Department of Primary Reports

As per the recent information, SCP was re-endorsed that in reference to the Department of Primary Report in 2009. In accordance with the DPI’s 2009 review, it is highlighted that there is a contemporary view of the shark’s net. The Environut Minister lan Macdbald highlighted and called the nets as the “Highly successful” approach inferring that the report of the shark bites was found and it resulted in 14 injuries . Also, the Minister and Department cordially pointed out that there has been a single fatality that is found with the net in 1951, taking into account that trading was introduced out of nothing and to increase the overall privilege of the people who came to have a remarkable event. The review highlights that being responsible government and responsible state, a massive responsibility is required to be assigned to the stakeholders of the state and country because it is bit ambiguous that a decision that has resulted in a threat to the wildlife was made and issued without any reference to pros and cons .

Scientific Approaches

However, there are a lot of studies that have been conducted so far with an aim to identify either the shark nets are effective or not, if they are not effective what are the proposed consequences. As per the study that was conducted by Dr Leah Gibbs who belonged to the University of Wollongong, (UOW), and the study was published in the Journal named as “people and nature” . The researcher found that the shark nets were not effective for keeping the people safe from sharks. On the same board, it was found that there is a comparatively negative impact on marine life, keeping interests confined to targeted species and the other species as well. According to the Shark Meshing Program annual report, it was found that there are a large number of harmless aquatic animals were caught in the shark nets while the shark nets were only enacted for the sharks. The animal included harmless fish, rays as well as dolphins and turtles .

In another study was published by the Guardian magazine, which highlighted the shark mitigation and deterrent measures in Australia particularly the use of mesh nets in the New South Wales and Queensland. The study concluded that it is almost impossible for the lethal shark control measures to ensure public safety because the stance of safety can only be attractive when there are zero chances of danger. In the stance of using shark nets, it is found that still there is a ratio of the population that is affected and the animal species are also affected largely. According to the reporter, it is highlighted that "The committee is concerned with a heightened fear of sharks that has led to responses that may calm the public and appear to provide an effective response but, not verified by scientific evidence”.

The aim of referring to the above studies was to get a clear understanding of consequences without keeping an insight into the positive measures because today, “to be or not got be is the stance”.

Consequences of shark nets

The evaluation of the two studies highlight that there are a lot of consequences that are the product of using shark nets, which ranges from a threat to the species of animals to that of overall justice to the other populations rather than human beings. One of the major consequences is the reduction in the number of sharks’ overtime because a majority of the sharks are killed by the shark nets, then, it is highlighted that there are a lot of other measures that can help to prevent human beings or swimmers from shark attacks . It is also found that the aim of using shark nets was to prevent the shark attack, but the results are more controversial and threatening because along with sharks several other animals are also attacked, taking into account that they are not harmful to the swimmers. Then, it is considered that killing of shark is not justified because aquatic life has also survived in the water. It would not be wrong to say that water is their property and swimmers are making use of their habitat for their pleasure. Although, a swimmer can do this, still, killing animals is not justified because shark nets either leave sharks being killed or they are badly injured that they cannot survive a long time. The consequences of shark nets are also alarming in the context of different state and territories regulations for human welfare .

Another major consequence is found in the major inference with the life of the other wildlife and a minor interference in dealing with the fear of sharks. According to marine research, it was found that the sharks net on the New South Wales has just caught a single shark in the time of past two months, but there are hundreds of dolphins, turtles and other marine life that are either trapped and killed. This makes up to 55-100 deaths of the marine life and unfortunately this list comprised of all those animals who are the “vulnerable species”. According to the Humane Society International scientist Jessica Morris, it is found that it is quite unacceptable for them to accept all these death ratios in the animals who are already facing a threat to be endangered. She proposed that the debate of lethal intervention is also useless as there a lot of nonlethal alternatives available which can be used .

A negative version of wildlife is also something that needs consideration, taking into account that the illusion that is being created by using shark net have included a false illusion of security in the minds of swimmers. In addition, it is found that there is a continuous instance of violence and hatred that is found in the hearts of people in terms of wildlife and marine life.

There are several other platforms that have analyzed the stance of using shark nets such as SEA LIFE Trust Australia/ New Zealand, which argued that the government has to play a central role in the safety of the beach-going public but it is important to note that the deployment of shark notes, as well as drum lines, is just creating a false sense of creativity. There are significant tolls for tens of thousands of the threatened as well as endangered marine life .

The approach of Humane Society International highlighted that the government can never ever guarantee public safety in the ocean. The programs regarding Australian shark control program are found to be unsustainable. However, the Australian Marine Conservation Society (AMCS) has agreed with the prior point of views, taking into account that the human shark encounters have proposed considerable consequences for the families, friend and the individuals. In addition, there are trillions of other beings and assessment strategies that can be brought into practice with the deployment the safety beach mechanism with an aim to ensure there is no threat to the shark species as well as the other marine life .

Legal Interference

In accordance with “Prevention of Cruelty to Animal Act 1979”, use of shark net is clearly a violation of the animal rights because there is no place for an action that kills or affect the life of any other species or any of the living organism. In addition, the “Environmental Protection Authority of Western Australia” has also resulted in assessing the policy taking into account that the use of shark nets is a clear threat to animal rights. It is because of the limited time frame and lack of critical insight that a negligible risk to the environment is proposed in the form of “permission to use shark nets”. The underlying context of “Environment Protection and Biodiversity Consecration Act 1999” is one of the legislation that affirms that shark can be caught by using some commercial and recreational fishes if they are threatened there is a risk of attack by them. It is so because the human intervention nullified of critical thinking resulted in a handful of species considered to be “threatened” under the impact of Environment protection and Biodiversity Conservation Act 1999. Under the principles of the act, it is illegal to injury, trade, keep, move or kill species and sharks who are one of the endangered species.

DAF (Qld) v Humane Society International (Australia) Inc

In continuation to all the approaches and the proposal that are issued by the different human welfare or animal welfare authorities, a recent federal court decision was brought on board, entitled, DAF (Qld) v Humane Society International (Australia) Inc [2019] FCAFC 163, under which several conflicting arguments and statements are brought into insight. As per the law and the commentary by different reports, it is highlighted that the Great Barrier Reef Shark Control Program will be restarted after the decision of the Federal Court Judge will appear in the reference to the subject of say on a centavos tribunal ruling. It was followed by a victory of Humane Society International in the Administrative Appeals Tribunal which affirmed that there are several sharks who are found alive in the drumline of the Great Barrier Reef. it was asserted that the sharks must be saved by the animal welfare grounds as well as different serious contractors . The judge of Federal Court, John Logan issues a stay adhering to the tribunal decision, he also pointed out that he wants the appeal to be heard in the full bench. The court was told about a temporary suspicion of the shark control program that paved the way for the deployment of some officers on the patrols who can inform the members of the public about changes along with the introduction to some smart drumlines that are safe to use . The point of conflict is the argument that "Human life must be put ahead of shark’s life” while the Humane Society International Marine campaign asserted that incorporation of the lethal shark control program that cannot cost the lives of the shark .

Taking into account the stance of lethal program, AAT highlighted that there is no point of agreeing to the lethal program because it is also not effective. AAT asserted that the lethal Programs of the SCP are not capable of reducing the risk of shark interaction. In addition, different scientific evidence has highlighted that the lethal program is highly plausible as if SCP will become non-lethal tomorrow, then there will be “No Discernible change in the unprovoked shark bites, in particular, fatalities". As a result, the appeal was dismissed because there were a lot of errors found in the AAT’s dimensions such as alleged errors . The arguments don’t end here, because there is a strong argument that is proposed in favour of the lethal shark control program. As per this program, it is highlighted that the incorporation of the lethal shark control network proved to be much effective as implemented in the New South Wales and the Queensland as well as Western Australia, introducing appropriate safety measures . In addition, it is also important to note that the government has its prominent role in terms of securing the role of both, wildlife as well as human beings. It is evident that the government within Australia have made and taken different approaches as a response to the shark bites such as the use of the lethal program in South Africa and New Zealand. In addition, the committee is also brief that the government in the United States took no action in terms of shark bite incidents .

Stance of prioritizing a balance between marine life and human life

In order to answer the adequacy of law and measuring the stance of DAF (Qld) v Humane Society International (Australia) Inc [2019] FCAFC 163, it is highlighted that it is not at all acceptable and addressable to consider that “Human life is more preferable than animal life”, taking into account that without any friendly efforts to that of wildlife there is no point of living a life in which only human needs are addressed and all the preference is given to human life. Although it is evident that human life is positioned superior to that of the animal life but it never means that the animal life should be brought to the edge of destruction and “alleged” just for the sake of human life. There are different points of views to consider in this aspect as well .

One of the prime approaches is the stance of differentiation between “pleasure” and “necessity”. Firstly, it is highlighted that the law should be amended because this law is a core of the conflict between something that is serving as life to the others and the pleasure-seeking activities. People go to the beach for swimming and enjoying which is far less important when there is a question of the wildlife which the source of beauty is but also plays a central role in the management of the ecosystem. This aspect affirms that the government should make efforts that can play a central role in defining the lines of life between both, humans as well as wildlife .

Another species of this decision highlight that null and void decision is not an option, it also deciphers, “lack of sense of responsibility”. Taking into account the stance of DAF (Qld) v Humane Society International (Australia) Inc [2019] FCAFC 163, it is highlighted that the government should take this decision not just out of anger and outrage towards the propositions by the wildlife supporters . In fact, this decision should be taken in adherence to social and moral receptibility while living in this world. The government should make amendments in a way that this decision can prove positive and effective for both, wildlife as well as humans. This can be in the form of technological use because today world is too far ahead in using technology for the welfare of mankind . In accordance with the research that was done by one of the scientists, it is highlighted that one of the effective initiatives can be the use of invisible walls which can separate the realm of swimmers with that of the sharks . Then, it is found that there are several other measures such as the use of a drone which can be used to alarm and make the swimmers aware of the approaching threat. It is also found that according to one of the victims of the shark bite, he asserted that there was no siren or alarm that was made to make him aware. In addition, Sonar Clever Buoy is also one of the initiatives that can be used to overcome the issue of shark bites. It is asserted that the Sonar can detect anything that is approaching and transfer the information to someone on the land . Electromagnetic fields are also something that can be introduced taking into account that the invisible offshore barrier is created by the electrodes so as to mitigate shark bites .

Personal responsibility is also something that should be given primary significance because, at the end of the day, every human being is responsible for its life, it is not possible for the government or any of the initiatives to become a watchdog for securing human life. All the recommendations proposed above are just additional initiatives that can help to reduce the number of shark bites along with ensuring the life of the sharks .

Conclusion

In a nutshell, it is highlighted that there is a sire need to priories shark life as well as the lives of the other marine animals who are targeted by shark net because shark nets are doing more harm than good to the aquatic life. This false illusion by shark net is a massive threat because it is mitigating the beauty of marine life. The above discussion also asserted that the use of a shark net is a bit misdirected because it is targeting fewer sharks and more other marine population.

Bibliography

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY “2019: Shark Nets Destructive and Ineffective, Study Finds - University of Wollongong – UOW.” Accessed January 27, 2020. https://www.uow.edu.au/media/2019/shark-nets-destructive-and-ineffective-study-finds.php.

Agius, Kym, and Kate McKenna. “Shark Drum Lines to Be Removed in Great Barrier Reef Marine Park after Government Loses Appeal.” Text. ABC News, September 18, 2019. https://www.abc.net.au/news/2019-09-18/shark-attack-drum-lines-great-barrier-reef/11523902.

Eyers, Rebekah. “A Regulatory Study of the Australian Animal Welfare Framework for Queensland Saleyard Animals.” PhD Thesis, PhD Thesis, Griffith University, Nathan, QLD, Australia. Available at: https …, 2016.

Gibbs, Leah, Lachlan Fetterplace, Matthew Rees, and Quentin Hanich. “Effects and Effectiveness of Lethal Shark Hazard Management: The Shark Meshing (Bather Protection) Program, NSW, Australia.” People and Nature, 2019.

Gray, Georgia ME, and Charles A. Gray. “Beach-User Attitudes to Shark Bite Mitigation Strategies on Coastal Beaches; Sydney, Australia.” Human Dimensions of Wildlife 22, no. 3 (2017): 282–290.

Haig, Jodie A., Gwladys I. Lambert, Wayne D. Sumpton, David G. Mayer, and Jonathan M. Werry. “Habitat Features Influence Catch Rates of Near-Shore Bull Shark (Carcharhinus Leucas) in the Queensland Shark Control Program, Australia 1996–2012.” Estuarine, Coastal and Shelf Science 200 (2018): 289–300.

Jukic, Emma, and Margaret A. Young. “Australia and International Environmental Law in 2018.” Forthcoming, Yearbook of International Environmental Law 29 (2019).

Kilvert, Nick. “Can Technology Replace the Need for Shark Nets and Drumlines?” Current. ABC News, December 16, 2017. https://www.abc.net.au/news/science/2017-12-16/can-technology-replace-shark-nets/9231922.

Press, Australian Associated. “Queensland Government Loses Battle to Cull Sharks on Great Barrier Reef.” The Guardian, September 18, 2019, sec. Environment. https://www.theguardian.com/environment/2019/sep/18/queensland-government-loses-battle-to-cull-sharks-on-great-barrier-reef.

“Shark Nets Create False Sense of Safety and Should Be Phased out, Inquiry Finds | Environment | The Guardian.” Accessed January 27, 2020. https://www.theguardian.com/environment/2017/dec/13/shark-nets-create-false-sense-of-safety-and-should-be-phased-out-inquiry-finds.

Slezak, Michael. “Shark Nets Used at Most Beaches Do Not Protect Swimmers, Research Suggests.” The Guardian, February 8, 2016, sec. Environment. https://www.theguardian.com/environment/2016/feb/09/shark-nets-used-at-most-beaches-do-not-protect-swimmers-research-suggests.

Therivel, Riki. “Impact Assessment: From Whale to Shark.” Impact Assessment and Project Appraisal, 2019, 1–4.

Research Essay; International Commercial Law, Contracts For The International Sale Of Goods

Critical Analysis of the International Commercial Law

Research Essay

Introduction

The United Nations Convention on Contracts for the International Sales of Goods- the CISG- took effect in 1980 and since then it has been closely examined by the scholars all around the world. There are scholars who commend the Convention for its successes, while there are others who hold a pessimistic view about the achievements of CISG. CITATION Fel07 \l 2057 (Felemegas, 2007) Just like other international formal documents of conventions, this also begins with a preamble, where the formal introductory statement aims at explaining the purpose of this convention.

In 1980, CISG was considered by the representatives of sixty-two nations at the renowned Vienna Conference. At the end, forty-two states nominated in the favour of the Convention. The convention has English, French, Arabic, Chinese, Spanish and Russian as official languages. In 1982, a German translation was agreed by Switzerland, Germany, and Austria. CITATION ING07 \l 2057 (HACHEM, 2007)

The first paragraph of the preamble highlights that Convention has been set up by UN General Assembly to begin a New International Economic Order. The NIEO comprises of various economic resolutions which were adopted during the UN General Assembly’s sixth special sitting. The purpose to establish CISG was that a need was felt by the world to revise the economic system which would advance the constant and speedy economic growth and enhance the living style of people living in all the nations, focusing especially on the population of less developed countries.

The paragraph two of the Convention lays emphasis on the establishment of fundamentals of international trade which would ensure ‘uniformity and common good’. CITATION Toc15 \l 2057 (Nwekwo, 2015) Having such a fundamental principle means that nations would be able to deal with each other peacefully and thus spreading prosperity and on the other hand this principle also help the nations in conflict to resolve their matters which may arise from international agreements of sale between various parties.

The third and the final paragraph of the preamble blends the notion of the previous two principles and keeps it in a favourable position. It talks about the declaration that those nations which adopt and endorse this convention as unanimous law on International sale of goods, would pass through their legal, economic or social orders. It also focuses on the advancement of international trade by applying the laws of uniformity, which would eliminate any sort of legal obstructions to carry out international trade.

The main body of United Nations which was responsible for drafting the Convention of CISG was United Nations Commission on International Trade Law (UNCITRAL) and the convention was enacted in a diplomatic conference held in Vienna in 1980 and entered into action in January 1988. The CISG convention came into being through an agreement between the member states from all regions for the purpose of governing their international sales based on the rules of this convention. With the evolution and steady rise of globalization, national trade has been a subject of state’s control whereas the international trade revolves around agreements.

The International Nature of CISG

The CISG is an international convention, not a prototypical law. One of the major distinctive feature of a convention is that its global, not bound to only one state. This means that the convention would standardize the laws at the level that is above national law. It would also help in avoiding conflicts between states caused due to different trade laws. CITATION Lar05 \l 2057 (DiMatteo, 2005)

The international conventions like CISG in short term often tend to produce a problem. For instance, CISG, is not incorporated into the legal system of USA but it is applied by national courts. In USA, CISG, has a separate jurisdictional domain as it is incorporated as a separate, independent statue. This means that two separate sales laws in USA exist within a single legal system, which can give rise to conflict. CITATION Lar97 \l 2057 (DiMatteo, The CISG and the Presumption of Enforceability: Unintended Contractual Liability in International Business Dealings, 1997)

The world-wide nature of CISG is also exhibited in its Article 10 (a), where the nationality of the parties, or their headquarters, is totally irrelevant and such details are not taken into consideration when it has to be determined whether CISG is applicable or not. CITATION Jos08 \l 2057 (Joseph F. Morrissey, 2008)So, it can be said that CISG is also applicable when a transaction is carried about between the nationals of the same country, but it entails a transnational shipment, and the other party has its business place in some other country.

CISG: Soft law

When reviewing a case law or any arbitral decision, it is vital to regard that the scope of CISG is not restricted toward its implementation as a mandatory law of dispute but in many cases courts or arbitral panels have it as customary international law or what may be called as soft law. Two usages have been indicated of using CISG as soft law, (a) using CISG by parties is a voluntary option and it does not automatically subject to CISG jurisprudence, (b) law court and arbitral panels can use it as customary law. CITATION Lar02 \l 2057 (Dimatteo, 2002)

The significance of using CISG as soft is that it enhances its goals of “relative uniformity” in international sales law and thus can be applied to a larger number of cases, also it can provide more incentives to the merchants, trader or businesspeople.

The Harmonization of CISG at Global and Regional Level

Globalization in 20th and 21st century has been catalyst for the development of global trade. Since trade has become globalized, it increased the urgency to harmonize all the existing and applicable commercial laws to produce a single law which would regulate international trade. In the context of international trade, two trends are observed. The very first one is the establishment of CISG, while the second trend encompasses the regional organizations which are set up to unify and regulate the regional trade, for instance, ASEAN, OHADA, CAFTA-DR are few examples.

In a meeting on UN on the Convention of International Sales of Goods, Ingeborg Schwenzer, said that CISG has been the prototype for many regional organizations which are pursuing the goal of unifying the regional sales law. This convention has been highly adopted in European as well as South American states, which the pace of acceptance in Asia and Africa is comparatively slow. A significant fact is that the adoption of CISG by these regions has also had an impact in developing new rules that govern sales transactions regionally. For instance, “Common European Sales Law for European States”, has been included in Africa’s OHADA.

The CISG has 40 European states as members, 13 members are from Asia, 12 states from Africa, 9 South American countries, 7 states from North America, New Zealand and Australia make up 83 countries as members of CISG out of 193 countries in the world.

Article 7: “Principle of Good Faith”

In conformity to CISG’s Article 7, it is required that the understandings should be assessed with respect to “the observance of good faith in international trade”. CITATION CIS80 \l 2057 (CISG, 1980) The previous debates on of article 7 reveals that embodiment of the principle of responsibility of good faith has been due to the polemical debates in the past. Courts and Arbitral panels have implied it as a duty to deal with good faith with the other stakeholders. CITATION Joh89 \l 2057 (Honnold, 1989) The good faith principle has been articulated by the Columbia’s Constitutional Court as its “own Magna Carta”. CITATION Cas00 \l 2057 (Case law on UNCITRAL texts, 2000)In another arbitration by the Hungarian Court, the judge ruled the principle of good faith not only to be the criteria for the explanation of CISG, but he also advised it to serve as a standard between the parties while signing any contract. CITATION APP95 \l 2057 (APPLICABLE CISG PROVISIONS AND ISSUES, 1995)

There are also other articles in CISG which confine with the axiom of good faith. Such a point can also be found in Article 54, which urges the buyer to take such measures and to conform with such formalities, when required to carry out the payments to the seller. It is seen that courts have generally perceived this article to be compelled on buyer and seller both. The buyer must, with good faith, work towards satisfying the requirements of business contract and should not use his lack of inaction as defence for any failure, while the seller, on the other hand, must not hinder the efforts made by the buyer to comply with his demands.

It is imperative to note that this article is not without ambiguities which leads to the problems opposing acceptance. Article 7 is said to give rise to issues which are often thought to be a cause low level of uniformity and has been debated by the scholars from a long time. This article in question is said to be the most important one in the convention and thus it is fundamental to the failures and achievements of the convention.

The deficiencies are said to rise in this article because it fails to provide the definition of good faith and the mechanism for determining the application of good faith. These deficiencies upsurge the questions like who has the responsibility of determining good faith and where. This is the reason why sometimes Article 7 is given different various interpretations.

The Successes and Pitfalls of the CISG

It won’t be wrong to estimate that CISG governs around 70% to 80% of international sales dealings. The prominent role of CISG which is evident in almost 2500 published decisions of courts, the arbitral awards, colossal scholarly work, many conferences, and not to forget the “Annual Willem C. Vis International Commercial Arbitration Moot. CITATION ING07 \l 2057 (HACHEM, 2007) This all shows how significant is CISG in practice, academia legal or educational. But despite all this, the success is fragile. The uniform understand, interpretation and application of Article 7 has still not been achieved.

The CISG over the period of last two decades has demonstrated to be a mannequin for local legislators as well. Sweden, Finland and Norway have enacted new laws for domestic sales of goods and these new laws are highly reliable on CISG. CITATION Kar09 \l 2057 (Lilleholt, 2009)In the post-Cold War era, Eastern European states looked at the structure and laws of CISG when the formulated their own civil laws. This is not only true for the Independent States of Commonwealth but also for Baltic States amongst which the most eminent one is Estonia. China, which is emerging economic power of 21st century also closely follow CISG for its international trade contracts.

Mostly accepted in the industrialized western states that the business parties are permitted to select the law that is pertinent to their contracts, yet this is not how it is practiced in other parts of the world. In developing countries there’s a fear among the parties that western powers will be given too much advantages thus they refused to recognize the choice of law clause. For instance, in Brazil the choice of law clause is extremely provocative. So when an American buyer acquires goods from Brazilian market and has contracted on the basis of “Uniform Commercial Code”, but still would find himself in a risky place if he tries to sue the Brazilian seller in the local court. CITATION Dan05 \l 2057 (Stringer, 2005)

The shortcomings of domestic law in international trade can be easily avoided through the application of CISG, as the convention is available in six languages and has been translated into various other languages. The decisions of courts, arbitral panels decisions, writings of scholars, have been written into present worlds lingua franca i.e. English of international trade. The material is easily accessible on various websites, in books and articles. CITATION UNI89 \l 2057 (UNICTRAL, 1989)

Criticism

Though few but gains and benefits of the CISG are undeniable, yet the criticism regarding its application is persistent. The very first criticism is faced in the application of uniform law. Several questions ascend regarding the relationship amid uniform law’s application and the existing simultaneous domestic law. Main criticism of CISG has always revolved around the interpretation of CISG, i.e. for the ambiguous terms such as reasonable. This criticism usually comes from the side of lawyers. CITATION Pet07 \l 2057 (Peter Huber, 2007)Indeed, CISG does not follow the common law tradition rather it is stimulated the continental civilian codes.

Second shortfall of the CISG is that unlike its counterparts in European communities or even OHADA, the CISG lacks a common supreme court or an authority for its member states, which could be held responsible for interpreting and harmonizing the uniform law. This can be called as a severe discrepancy in the CISG. CITATION DrP86 \l 2057 (Schlechtriem, 1986)There’s no doubt that the foreign legal decisions lack the binding effect on the national courts, regardless of the situation in which the domestic legal system is in.

Other issue that can be said to jeopardize the uniformity is the existence of simultaneous remedies. CITATION Son04 \l 2057 (Kruisinga, 2004) The CISG is wholly concerned around the buyer and seller’s contractual relationship. But under many lawful systems, only the existence of contractual remedies does not avert the parties from depending on on other means, particularly the wrong and illegal ones.

Lastly, the CISG also faces criticism due to incomplete nature. According to Article 4 of the CISG, its mere concern is the formation of contracts, rights, obligations, of parties involved. And it does not have any rules or laws about the legitimacy of the contract or any law that encompasses its requirements. CITATION Mic071 \l 2057 (Bridge, 2007)The criticism by authors is that the term “validity” is undistinguishable, which leads to an unpredictable application of the Convention and this eventually results in legal uncertainties.

Conclusion

The evaluation of the CISG suggests that the Convention has successfully reduced the costs of transactions, inspired law reforms, created a unified sales law and ensured legal certainty. And as a result, it has been adopted by many countries, which includes big trades as well. The CISG is said to manifest itself as effective convention. But a problem remains, as discussed above too, that CISG has not yet been successful in attaining its foremost goal of uniform sales law, which is due to deviating understandings of the convention. Though Article 7 exists, yet the courts and tribunals take different paths to interpret the convention, which as a outcome hinders the achievements of CISG as “uniform sales law”.

CISG help to boost legal certainty because domestic courts are expected to apply the rules of convention in the right way as compared to the foreign laws. There are many successes of the CISG but many holdbacks too which keep it from achieving the statues of ultimate law of international trade.

Bibliography

BIBLIOGRAPHY APPLICABLE CISG PROVISIONS AND ISSUES, Vb 94124 (Arbitration Court of the Chamber of Commerce and Industry of Budapest November 17, 1995).

Bridge, M. (2007). A Law for International Sales. Retrieved from CISG, Hong Kong Law Journal: https://www.cisg.law.pace.edu/cisg/biblio/bridge3.html

Case law on UNCITRAL texts, Sentencia C-529/00; Referencia: expediente LAT-154 (Colombia Constitutional Court May 10, 2000).

CISG. (1980). CISG. Vienna , Europe, Switzerland .

Dimatteo, L. (2002). Contract Talk -Reviewing the Historical and Practical Significance of the Principles of European Contract Law. Harvard international law journal , 12.

DiMatteo, L. A. (1997). The CISG and the Presumption of Enforceability: Unintended Contractual Liability in International Business Dealings. Yale Journal of International Law, 10.

DiMatteo, L. A. (2005). INTERNATIONAL SALES LAW: a critical analysis of cisg jurisprudence. cambridge : cambridge university press.

Felemegas, J. (2007). An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (1980) as Uniform Sales Law. Sydney: Cambridge University Press.

HACHEM, I. S. (2007). The CISG-Successes and Pitfalls . The American Journal of Comparitive Law, 460.

Honnold, J. (1989). Documentary History of the Uniform Law for International Sales:The Studies, Deliberations and Decisions That Led to the 1980 United Nations Convention with Introductions and Explanation. Netherlands : Springer Netherlands.

Joseph F. Morrissey, J. M. (2008). International Sales Law and Arbitration. B.V: Kluwer Law International.

Kruisinga, S. A. (2004). (Non-)Conformity in the 1980 UN Convention on the International Sale of Good: A Uniform Concept. Intersentia.

Lilleholt, K. (2009). The Consumers Direct Claims Against Parties to Previous Contracts. In A. J. Martin Ebers, European Perspectives on Producers Liablity (p. 461). Walter de Gruyte.

Nwekwo, T. (2015, Feburary 16). A Critical Analysis of the CISG in the Harmonization and Unification of International Trade Law in Africa-Nigeria. Retrieved from SSRN : https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2565013

Peter Huber, A. M. (2007). The CISG. London : European Law Publishers .

Schlechtriem, D. P. (1986). Uniform Sales Law - The UN-Convention on Contracts for the International Sale of Goods. Retrieved from CISG: https://www.cisg.law.pace.edu/cisg/biblio/schlechtriem.html

Stringer, D. (2005). Choice of Law and Choice of Forum in Brazilian International Commerce Contracts: Party Autonomy, International Jurisdiction, and Emerging Third Way. Columbia Journal of Transnational Law, 10.

Trade, U. N. (1980, January). CISG. Vienna , Europe , Switzerland .

UNICTRAL. (1989). Case Law on UNCITRAL Texts (CLOUT). Retrieved from UNICTRAL: http://www.uncitral.org/uncitral/en/case_law.html

Research Paper

Research Paper

[Name of the Writer]

[Name of the Institution]

Child Sex Trafficking

Abstract

Child sex trafficking is one of the significant dilemmas of the present time that needs to be addressed at priority because the cases of trafficking are increasing day by day. Child sex trafficking is an issue that invites attention from all the departments of society because it engages everyone ranging from close relatives to strangers. There is a dire need to take initiatives that can help to stop child sex trafficking by promising adequate life standards of a layman along with life security of children.

Introduction

Child Sex Trafficking is one of the emerging crimes and a significant dilemma of today’s society. It is an issue that has a worldwide prevalence where children are at a significant threat. The focus of this paper is to get an insight into the dilemma of “Child Sex Trafficking” so as to create awareness and get knowledge about the offense. The purpose of this paper is to determine the prevalence of child sex trafficking and know if the rate is increasing or decreasing over time. Moreover, this paper will highlight statistical information that could convey the prevalence of child sex trafficking, particular characteristics of an offender along with an analysis of treatment methods, and recidivism. Certain legal frameworks would also be quoted so as to determine the significance of child sex trafficking from a political point of view. Child Sex Trafficking is a dilemma that is increasing overtime, side by side, it is compromising present, and the future of children, society, and state.

Discussion

Sex trafficking is also termed as human trafficking, meant for sexual exploitation or sexual slavery. In a simplified form, sex trafficking is enslaving of an individual by trafficker so as to provide sexual services. (Franchino-Olsen, et al. 2019). However, child sex trafficking is defined as the transportation, recruitment, provision, harboring, patronizing, obtaining or soliciting of a child for providing commercial sex act. It is also called a cycle of abuse. (Gibbs, et al. 2019). According to the information collected from “A Global Report on Trafficking in Persons," that was launched by the United States Office on Drugs and Crime, it has been highlighted that 155 countries have been found to be a victim of child sex trafficking over the past few years. (Rothman, et al. 2018). This report asserted that child sex trafficking is done by keeping into consideration a number of aims, however, about 79% trafficking is done for sexual exploitation where the victims are mostly girls. Out of 155 countries, about 30% of countries are predominant by child sex trafficking with females or girls making up the largest proportion of traffickers. (Gibbs, et al. 2019). One of the critical facts is, child trafficking is also a norm in few regions of different countries. Forced labor is also found as one of the forms of child trafficking, taking into account the fact that it is counted in the broader spectra of sex trafficking. (Rothman, et al. 2018). Moreover, forced labor has a very less rate of detection and reporting as compared to child sex trafficking. It is also found that child begging, and drug transport is also one of the aspects of child sex trafficking taking into account that all aspects are directly and indirectly related to the exploitation of children with a sole aim to achieve private interest.

The ratio of 20% in the context of child sex trafficking became 100% when countries of the West were analyzed. Although the statistics of recording the exact number and magnitude of child trafficking is much difficult to obtain since the initiatives by International Child Organization have estimated that about 1.2 million children are trafficked each year. (Franchino-Olsen, et al. 2019). In the year, 2012 the United Nations Office on Drugs and Crime has reported that the overall ratio of the incidents of child sex trafficking has increased from 20 percent to 27 percent in the last three years. On average, about 300,000 children are abducted from around the world, and they are sold by the sex traffickers as slaves or laborers. Out of 300,000, about 170,000 children are brought to the United States, making a ratio of 46 children each day. (Gibbs, et al. 2019). According to a research that was conducted by the National Human Trafficking Organization, it was found that there are a number of the websites that are doing the business of child trafficking, taking into account the selling of children along with the provision of sex services. It is more added that there are websites such as Craigslist that are doing online business of children trafficking, and according to an estimate, about 70% of the children involved in sex trafficking survivors were found to be sold online. (Gibbs, et al. 2019).

It is important to note that sex trafficking offenders can be both males and females. Traditionally women are seen as the victim of trafficking, but over time span of the last few years, there is a shift in perception. Today, women are also involved as perpetrators. A casual observation infers that usually a child or a girl becomes a victim of child sex trafficking, and then she joins the criminal partnership in order to exploit others. Research has proven that usually a romantic relationship is found between the perpetrators and one of the victims, that further continues the business. It is important to note that an offender can be of any age from 15 years to 24 years. In many of the cases, it is found that the recruiters are comparatively older than those who are the victims. (Moore, et al. 2019). Moreover, a trafficker can either be single or married. Even, some of the traffickers’ have children while others are just broken couples. In accordance with a research in India, it is found that out of 160 traffickers, about one third stated that their family members were themselves involved in the trafficking activities, while 43% stated their spouses as active participants in the crime, about 21.6% traffickers involved their children as well and about 35% involved their extended family as well. In a nutshell, there is no justified or set characterization of child sex traffickers. (Moore, et al. 2019).

It is found that sex traffickers are overconfident in their actions, they are disregard, reactive, self-focused, and emotionally disengaged that made them isolated from society. Sex traffickers are treated by increasing prosocial behaviors, along with supporting a crime-free lifestyle that can help them develop a clear understanding of life. Moreover, these offenders are taught to reinforce prosocial skills in pressurized and high-risk situations. (Rothman, et al. 2018). The anti-social personality pattern of sex traffickers is treated by training them to increase self-control and develop problem-solving skills. There are a number of offenders who yearn for employment, and they find trafficking a source of employment, for such people employment opportunities are introduced so as to provide consequences and rewards. There are certain laws for imprisonment on sex trafficking, taking into account that recidivism is found to be enforced by different physical and social factors that may also prove to be biological in nature. Research has proved that there are individual factors such as, substance abuse, mental health, and history of abuse are the prime factors that promote recidivism. (Rothman, et al. 2018).

Several legal initiatives are introduced to reduce and overcome child sex trafficking. One of the significant initiatives is the international instrument “Palermo Protocols," also named as Protocol to Prevent, Suppress, and Protect in person, especially Women and Children. Both state and federal laws are formulated to address child sex trafficking. Other significant laws are trafficking Victim Protection Act (TPVA) 2000, according to which three-pronged approaches are applied to prevent and protect children. (Gibbs, et al. 2019). This law was reauthorized through the Trafficking Victims Protection Reauthorization Act of 2003, 2005, 2008, and 2013. Justice for Victims of Trafficking Act of 2015 is another legal approach that responds to human trafficking. Preventing Sex Trafficking and Strengthening Families Act 2014 is another law that is meant to reduce the incidents of sex trafficking among the youth that is involved in the foster care system. (Moore, et al. 2019).

Conclusion

After collecting and writing information from different resources such as journal articles books, news articles and legal framework, I came to know that child sex trafficking is one of the major dilemmas of the present time that is empowered by the influence of technology and lack of attention towards children. It would not be wrong to say that child sex trafficking is a heinous crime that can compromise the future of a society, nation, and then a country as well. One of the interesting facts is, child sex trafficking is more like a threat that may misdirect youth because it is very easy to distract a child rather than getting oneself engaged in any other crime that is well paying. (Fedina, et al. 2019). Moreover, society, level of causality and attitude towards others play a major role in determining the rate of sex trafficking. This dilemma is a huge question mark on the state and state affairs because children are the pillars on which the progress of a country is strongly dependent. In a nutshell, there is a dire need to make efforts that can help children stay away from sex traffickers and authorities should try to expand their search so as to locate people who are engaged in this crime. I think the end of all observations redirect human thought to the central and prime school of thought that is related to "opportunities of employment” and sufficient salaries that can fulfill social desires. So promoting better living standards would be a major step to overcome sex trafficking.

Bibliography

Fedina, L., Williamson, C., & Perdue, T. (2019). Risk factors for domestic child sex trafficking in the United States. Journal of interpersonal violence, 34(13), 2653-2673.

Franchino-Olsen, H. (2019). Frameworks and theories relevant for organizing commercial sexual exploitation of children/domestic minor sex trafficking risk factors: a systematic review of proposed frameworks to conceptualize vulnerabilities. Trauma, Violence, & Abuse, 1524838019849575.

Gibbs, D., & Aboul-Hosn, S. (2019). Human Trafficking and the Child Welfare Population in Florida [Slides].

Moore, J. L., Houck, C., Barron, C. E., & Goldberg, A. P. (2019). Patients referred for domestic minor sex trafficking: a comparison of confirmed and suspected youth. Journal of pediatric and adolescent gynecology.

Rothman, E. F., & Bair-Merritt, M. H. (2018). Commercial Sexual Exploitation of Children in the United States. Violence and Trauma in the Lives of Children [2 volumes], 227.

Research Paper

Submitted by

Submitted to

Assignment

Date

International Law

Scott Turow narrates the story of his student life in the most prestigious law school in the country when he becomes a "One L," as entering students at Harvard Law School.

Takeaway

Integrity

The learning process is holistic, which manifested in the common goals of teaching and learning. The learning process involves the processes of cognition and active interaction with the teacher. Communication provides a high level of motivation, determines the attitude towards the educational process. Factors such as clarity and functional organization of work, the teacher's dedication to his work, tact in relations with students, assistance in mastering the material, and adequacy in assessing knowledge contribute to the development of students' interest in the subject. The following can reduce the effect of interaction, lack of attention from the teacher to the style of communication. Poor organization of educational activities. The basis of training is information formed in the human mind into objective reality. Skills that allow you to carry out practical and theoretical actions independently. Skills that are not under the control of consciousness (sensory, motor, intellectual). "Look,' he told me, 'if I were going to law school, I would be going because I wanted to meet my enemy. I think that's a good thing to do. And if I wanted to meet my enemy, I would go to Harvard, because I'd be surest of meeting him there,”(Turow,2010). The integrated qualities of the legal system determine the methodological foundations of its research. Thus, a single legal norm or an article of a regulatory legal act, separated from the integral legal system, is not able to influence the relevant social relations. Only in unity with other lawful means that are part of this legal system, is effective legal regulation of this relationship achieved.

Learning to Love the Law

Analysis of systemic formations in law reveals a different level of a multiplicity of their complex: along with single-system, there are also multisystem legal formations. So, the system of the legal "cell" - the rule of law - is relatively simple, one system. But already, the policy of the institute of law includes several simple systems (subsystems), relevant legal norms, and thereby becomes a multisystem. Multisystem education at the level of the branch of law is even more complex since it includes subsystems of various standards - legal norms and institutions. Finally, the pinnacle of a multisystem is the legal system, consisting of subsystems - legal models, institutions, and industries.

Moreover, the operation of law is not just a combination of its subsystems, but a system of subsystems. It creates a hierarchy of legal systems that create a harmonious building of the legal system. The method of law operates, functions, plays a specific role. Not only the legal system as a whole function but also each of its components. Furthermore, the features of the ingredients are determined, derived from the purposes of the system as a whole. The legal system does not and cannot be inactive components. The "dead" element, as a rule, "stops" the entire system; as a result, while maintaining pure integrity, it loses the quality of systematicity.

Before proceeding to the analysis of this fundamental legal building in the aspect of its systematic nature, it is necessary to dwell on two points of methodological significance for the study of law in this aspect. The study of legal systems involves the analysis of all those real conditions, factors, and circumstances that, with objective necessity, generate, determine, and determine their development. First of all, it is necessary to study both qualitative and quantitative characteristics, parameters, measurements of the achieved level of productive forces, production relations, the specifics of civil society, and the political system, in their systemic totality, the law, and legislation that correspond to them. Only an integrated qualitative and quantitative study of these social complexes will help to clarify the social nature, real purpose, and role of law and current legislation (Turow,2010).

The legal system can be recognized as closed relatively because it is determined by the socio-economic system as a whole, depends on it, and develops with it. But it's not only that. The legal system has intersystem and intersystem connections of both direct and reverse order; it consolidates economic, political, and social networks (and subsystems), acts on them through its generally binding regulatory and regulatory properties, and to a certain extent directs their movement, change, and development. These intersystem relations of the legal system also determine the nature of its intra-systemic ties, which are formed as a result of the determining influence of those systems on which, so to speak, the legal system is "superimposed." Since, further, internal and external relations of the legal system can be both homogeneous and heterogeneous, insofar as the problem arises of the correlation of their qualitative characteristics and quantitative changes (we proceed from the assumption that only comparable relations can be quantified). Let us dwell, at least briefly, on the question raised.

But only a quantitative analysis, abstracted from the qualitative essence of the legal system (and its components), does not have any significant scientific value. Only their integration in a systematic study of law and legislation gives a high coefficient of scientific effectiveness of cognition. At the same time, the leading link in this integration, as the historical experience of big science shows, belongs to the qualitative side, since the use of quantitative methods for studying legal systems is limited only to measuring the homogeneous connections of this system (Turow,2010).. Quantitative methods do not apply to those legal systems whose level of generality is abstracted from certain types of legal systems. In other words, universal legal systems (for example, the legal regulation system as a whole) precisely because of their universality and universality; they are applicable only with a limited degree of commonality of legal systems. At the same time, using quantitative methods, it is possible to detect the most significant factors of public life and determine the measures of the influence of each of them on legal processes. In these studies, as experience has already shown, statistical data should be used, diverse methods of quantitative expression of qualitative variables characterizing law-making and especially law-making activities, the construction of formal generalizations and modeling with the widespread use of mathematical apparatus, cybernetics, the theory of operations, queuing theory, game theory, etc.

The necessary integration of qualitative and quantitative methods of research into legal systems and existing legislation, law-enforcement activities is especially evident when using specific sociological and specific legal methods. It should be noted, however, that in recent years, among some sociologists and lawyers, it was not just an erroneous, but even an ill opinion, that these methods were acquiring almost fundamental significance in the development of science. Meanwhile, the empirical material collected and systematized with the help of these methods, for all its importance, is not yet of scientific significance, because it should still be comprehended at the level of rational generalization. Failure to understand this adversely affects the concrete sociological and specific legal methods themselves, primarily because it deprives them of an everyday methodological basis and a single conceptual core. As a result, they are often applied haphazardly, spontaneously, accidentally, and therefore lose any value to science.

The effectiveness of the quantitative approach to the knowledge of legal systems, legislation, and the practice of its implementation depends on the nature and nature of the object under study, on the tasks, goals, and aspects of the research itself. So, while a quantitative analysis in a given point of specific legal subsystems achieved some success, so far, no one has been able to obtain the same results using the same methods when studying the legal system as a whole. Some authors believe that the reason for this is the insufficient development of the quantitative techniques existing in the world (their "children's state"). But it is thought that even with the sufficient development of these methods, their use will not yield any severe results in the study of legal phenomena and processes, where mainly and above all, a qualitative analysis is necessary, Essential generalization of their substantial content nature. Moreover, in general, analytical jurisprudence, which is still waiting for its detailed development for various levels of research of legal systems, should be based on the general methodology of cognition of phenomena and processes. In such integration is the guarantee of her future scientific achievements.

The main property of any system, arising from its previous characteristics, is its integration, which, on the one hand, forms the quality of the system, and on the other hand, combines its components into an internally organized structure. The functioning nature of the legal system determines the methodological foundations of its study, which boil down to the need to study the activities of each component of this system. Besides, the study should reveal both the interaction between the individual components of the legal system (internal mechanism of communication) and the interaction of this system with the environment and other networks (an external device).

The uniformity of system components, their integration into a single structural and organizational integrity, relative independence, and autonomy of functioning, stability, and stability do not mean the invariance of the system. The system is dynamic; it is continuously developing due to its inherent internal and external contradictions. This implies the need for the study of the legal system to identify these contradictions, to find ways to resolve them.

Any system exists in a particular environment and for this environment. Therefore, the study of the legal system will be most comprehensive when considering the entire set of conditions determining its economic, social, and spiritual spheres of society and the inverse impact of the system on these areas of public life. The system has a core around which its components are integrated, integrated, and structured. This core also plays the role of a guiding, animating principle in the organization and functioning of the entire system and each of its components; under its influence, the coordination of the activity of the whole complex of system components is carried out, the development of each element and the entire system. Such a core of the legal system is the constitution, based on following and in fulfillment of which the legal regulation of public relations is carried out (should be implemented), all law-making and law-enforcement activities of the state.

Summing up the previous arguments, we note their conclusions: firstly, not every whole is a system, but any system is integral. There is no system without a whole that gives it unity; secondly, in a similar way, not every structure is systemic, but any system cannot but contain a structure. There is no system without a structure that, when removed, is included in the policy; thirdly, the same applies to functions. Not every functioning is systemic, but any system cannot be non-functioning. There is no system without functioning, which determines its dynamic development. The concept of a system, therefore, is more extensive, lavish, universal in comparison with the ideas of the whole, the general. Thus, definitions of the type "integral system," "structural system," "functioning system" are equally redundant, since both one and the other and the third (whole, structure, function) are inherent properties of the system. From this point of view, the use of these definitions in the present work could be avoided. Still, we deliberately made such use with the sole purpose of demonstrating the epistemological role of each of the main components of the concept of a system, their relationship, relationship, and interaction.

References

Turow, Scott. One L: The turbulent true story of a first year at Harvard Law School. Farrar, Straus and Giroux, 2010.

Research Paper

Student’s name

Professor’s name

Subject code

University

Research Paper

The Remington case is making a history in making the arms manufacturers in the country responsible for the crimes being committed using their weapons. Hence, it remains a high-stake challenge for the biggest and largest gun manufacturers in the United States today. The lawsuit centers on the PLCAA, 2005, that provides protection to the manufacturers and retailers of weapons in civil lawsuits brought up by the victims of the crimes and violence. On the other side of the arguments, it revolves around CUPTA 1973, the state law which prohibits the firearms traders and suppliers from getting involved in truly irresponsible and unethical marketing practices. This research papers elaborates on the legal issues involved in this case along with the arguments that would be made by the plaintiffs and the defendant to support their side of the lawsuit.

Brief Facts

In 2012, 20-years-old Adam Lanza opened a military-style firearm in the Sandy Hook Elementary School. It killed 26 people including 20 children and 6 adults. Later, the shooter killed his mother and himself as well. The shooter’s mother legally owned the weapon. In 2014, the families of nine victims and an injured teacher filed a lawsuit against Remington Arms and other firearms distributors. It is the company that advertised the weapon, and later sold it to the civilians. They also named Riverview Gun Sales Inc. in the lawsuit as well. It is the gun shop from where the shooter purchased the military-style weapon, i.e., an AR-15 rifle. In 2016, the case was dismissed from the state court for being falling under the broad category of immunity provided to the weapon manufacturers and traders in the country under PLCAA 2005. However, the Supreme Court decision paved way for the case to continue. In March 0f 2018, Remington declared bankruptcy. Hence the case was stalled. However, in May of the same year, it announced that it had come out of bankruptcy.

Legal Issues Involved

The following legal issues are involved:

If the defendant can be sued under CUPTA 1973 for the manner in which it marketed the military-style weapon to the civilians.

If the defendant is responsible for the illegal use being made of the military-style gun they sold to civilians.

The extent to which the weapon manufactures and traders in the country enjoys immunity under the PLCAA 2005.

If the PLCAA 2005 precludes the CUPTA 1973.

If CUPTA 1973 is a predicate statute that applies the predicate exception to the general rules of PLCAA 2005.

Legal Arguments by Plaintiffs

The plaintiffs would make the following legal arguments:

The plaintiffs will argue that they must be given the opportunity to prove that the provisions of CUTPA, 1973 were violated by the defendant as it marketed a military-type weapon to civilians with particularly targeting the younger members of the society through product placement in the video games (Gupta et al., 1997).

The plaintiffs will further argue that the particular state law does not permit advertisements of any kind promoting or encouraging criminal, violent behaviors.

The plaintiffs will further argue that the predicate exception to the general rule of PLCAA 2005 is applicable in this case, i.e., a company knowingly violating a federal or state law with regard to unethical marketing and wrongful product placements (Sugarman, 2017).

The plaintiffs will further argue that CUPTA is a predicate statute, i.e., it is applicable to the preclude exceptions.

The plaintiffs will further argue that the PLCAA 2005 was not passed with the intention of precluding state law.

The plaintiffs will further argue that the PLCAA 2005 does provide protection to the weapon manufacturers and retailers in the country but it does not immune the firearms traders and suppliers involved in truly irresponsible and unethical marketing practices (Sugarman, 2017).

Legal Arguments by Defendant

The defendant would make the following legal arguments:

The defendant will argue that based on the rules and regulations provided in the PLCAA 2005, and the eventual protection shielding the manufacturers and retailers of weapons in the country under the umbrella of this particular law, the company is protected from civil suits in many instances.

The defendant will further argue that the subject matter of the lawsuit falls under the broad category of immunity offered to the gun manufacturers and traders in the country under the PLCAA 2005.

The defendant will further argue that the company had no means to assessing the shooter, and hence, by no means the company was able to have known the purpose for which the gun will be used.

The defendant will further argue that the U.S. Constitution provides the right to bear arms, and the shooter’s mother legally owned the weapon.

The defendant will further argue that the predicate exception of the general rules of the PLCAA 2005 is not applicable to this particular case because it is only applied if the predicate statute is particularly written in the context of weapons and ammunition.

The defendant will further argue that interpreting CUPTA 1973 outside the state will trigger the litigation that the PLCAA 2005 aimed at preventing (Feldman, 2019). Resultantly, the gunmakers and traders in the country will face massive expenses that would destroy a whole industry.

Conclusion

The Remington case is a high-stake challenge for the biggest and largest gun manufacturers in the country. An eventual ruling against the defendant would establish a legal precedent.

Works Cited

Gupta, Pola B., and Stephen J. Gould. "Consumers' perceptions of the ethics and acceptability of product placements in movies: Product category and individual differences." Journal of Current Issues & Research in Advertising 19.1 (1997): 37-50.

Sugarman, Stephen D. "Torts and Guns." Journal of Tort Law 10.1 (2017): 3-22.

Feldman, Heidi Li. "Why the Latest Ruling in the Sandy Hook Shooting Litigation Matters." Harvard Law Review, Forthcoming (2019).

Research Paper

The surveillance university

Student’s name

Institution

Introduction

Surveillance is practice in the universities to provide a safe, secure and healthy environment for students, staff, and other stakeholders. According to Wilson and Wells (2017), the practice of surveillance is to ensure that crimes related activities within the university can be detected and prevented on time. A study conducted by Saha and Neogy (2014), pointed out that the issue of surveillance in the university must address privacy and confidentiality of stakeholders. This has made it difficult for institutions to conduct optimal trace of activities within a campus. However, it could be easier to monitor every student and other people within the university through the use of CCTV cameras, and facial recognition but this had to be done concerning the privacy of students and other members of the university. This report, therefore, provides a recommendation on what should be done to balance the security and privacy of students and other university members.

Ideally, the installation of CCTV and the use of facial recognition software could provide the best level of monitoring activities in the university. Most researchers have pointed out that there are certain problems associated with the installation of CCTV and other surveillance activities in the universities and even in public places. According to Wilson and Wells (2017), the methodology used is difficult to conduct proper control evaluation. The information can be exposed and this could compromise the privacy of students. The use of facial recognition software and the monitoring of mobile phone communication are essential for securing university. But it is difficult to practice surveillance without violating the privacy of people. CITATION Kev14 \l 1033 (Beaver, 2014) pointed out that though the security of students and other stakeholders in the university is crucial, the privacy of students is more students because it is part of students' rights which must be protected by the university.

Monitoring Mechanism

Monitoring activities going on within the university is an important aspect of improving the security of students. The issues related to terrorism are critical and cannot be treated lightly and therefore, having effective surveillance would be ideal. The use of a security checkpoint at every entry in the university would be the best idea in ensuring that every person walking into the university does not carry any harmful material. As stated by Kittle (2013) checkpoints introduce thin surveillance at every entry to make sure everyone in the university is accounted for. The checkpoint will allow the university to know several people in the university and when an individual walks in and out. It, therefore, improves the security and safety of students and other people in the university. The application of facial recognition and CCTV cameras and monitoring of mobile communication are good concepts that the university must consider to protect the university from any attack. Since the Homeland Security Department has singled out the university for likely to be attacked, it would be of importance for the university to monitor student's communication and moving to identify suspicious students. Though mobile monitoring cannot be allowed by students and it is illegal since it betrays individual right to privacy, the use of communication surveillance to trace suspicious students would be of great importance to the university. According to a study published by Perrino (2018), monitoring students' activities on and off-campus is critical for improving security. Most universities monitor students' behavior and movement when on campus to ensure the security of the university. This is an effective strategy that can help the university to monitor activities of students and therefore, it could help to identify radical students. Without close monitoring of students, it would be impossible to detect radicalized students and therefore, terrorism prevention would not be achieved.

Moreover, profiling students would be of great help to the university administration to narrow down suspicious students faster. But it would be a violation of university culture and norms. However, the university can deploy profiling based on the early signal of questionable activities by students. Profiling could be discriminatory and could put the university in a problem with the justice department CITATION Ton17 \l 1033 (Bradley, 2017). However, evidential profiling would be welcomed. It is pointed out that some students from Bangladesh are working with organized groups to launch a terrorist attack in the university. It would be important for the university to identify students from Bangladesh and put them on serious surveillance CITATION Nei17 \l 1033 (Desai, 2017). Security of student’s come first for effective provision of security it would be essential for the university to conduct profiling in order to get the suspected students from Bangladesh. The best option for the university is to seek a court warrant to permit surveillance on students and profiling as an option of conducting an investigation. The judge would be willing to issue a warrant for the security of the university.

Mobile monitoring would be rejected by students and other stakeholders for fear of violation of students' privacy. Implementation of the mobile monitoring concept through a secret method without any student realizing would be the best option for the university to spy on every student without anyone knowing. CITATION Enr18 \l 1033 (Dans, 2018) pointed out that the federal government spies on people every day using different software and hardware and the practice has been used for decades. The National Security Agency (NSA) stated that the use of spy software and monitoring mobile phones of people randomly practiced in the United States to prevent the country from imminent attack CITATION Pet154 \l 1033 (Petterson, 2015). According to a report by the NSA, several attacks have been prevented due to the use of spy software and mobile monitoring technologies. Therefore, this practice can be adopted by the university and practice in secret to provide maximum security to students.

First, the university should create a back entry into students' phones for any student using a university's WIFI internet connection. Studies have indicated that most students use free wifi and LAN internet connection within the campus CITATION Oma15 \l 1033 (Omand, Bartlett, & Miller, 2015). This makes it easier for the administration to create a back entry, which can be used to monitor students’ communication when on campus. The facial recognition software should be used to identify people within the campus to help to track the movement of everyone CITATION Bea18 \l 1033 (McCaine, 2018). The use of facial recognition would help trace, to know where every student is doing every time and also to collect data related to friends and associates of students. Gathering this information will help the university to provide the effective monitoring of students, which is critical for the security of students and the university in general.

Recommendation

It is recommended for the university to install CCTV cameras in every classroom and the entire university as the first action to ensuring the students and other staff are protected. Though profiling of students is against norms and culture of the university and it is also illegal and discriminatory, the activation of profiling of students based on their original would be an option. Profiling helps in gathering data by narrowing the target to specific people rather than focusing on over ten thousand students. The university administration should investigate a partnership with the local police to identify the students who can be the culprit. Without profiling and working with the local police it would be difficult to track down a suspect which has been identified as students from Bangladesh. It is also recommended to use an internet platform to monitor students' activities online. The university should use its network infrastructure to monitor everything which students do online. The use of spy software to monitor students’ activities on Facebook and other social media would help in the prevention of attacks in the university. All these activities should be done within the framework of the law to prevent violation of the students’ rights CITATION Wel17 \l 1033 (Wells & Miller, 2017). To ensure that the privacy of students is not abused and the monitoring system set up is not misused, it would be essential for the university to have strict policies and regulations regarding the use of the system to ensure that students' information is not shared to the public. All the stakeholders would be required to come together to have an effective debate and to agree on the formula to use in monitoring students.

Conclusion

Balancing security and privacy is a challenge to administrations and government. For the university to conduct surveillance on students there must be appropriate regulations and policy to have such a system in the university. It is established that the use of CCTV, facial recognition software and profiling would be an ideal strategy to track and get suspected terrorists from Bangladesh. Therefore, the university needs to work the judicial or the justice department to get a warrant permitting it to conduct profiling, mobile monitoring, and other surveillance activities to protect students from any kind of attack.

References

BIBLIOGRAPHY Beaver, K. (2014). Information privacy and security requires a balancing act. International

Journal of Information security, 2-17.

Bradley, T. (2017). Finding The Right Balance Between Security And Privacy. International

Journal of information security, 2-15.

Dans, E. (2018). Surveillance In Schools: Where Is This Taking Us?

https://www.forbes.com/sites/enriquedans/2018/08/23/surveillance-in-schools-where-is-this-taking-us/#43319063bee7, 2-15.

Desai, N. (2017). Balance privacy and Security in digital agae.

https://policyoptions.irpp.org/magazines/july-2017/balancing-privacy-and-security-in-the-digital-age/ , 2-15.

Kittle, J. T. (2013). A Study of Surveillance and Privacy Rights. Electronic Theses and

Dissertations. Paper 1170. , 2-15.

McCaine, M. (2018). Information privacy and security requires a balancing act. Journal of

Information science and security, 21 (43), 1-25.

Omand, D., Bartlett, J., & Miller, C. (2015). A balance between security and privacy online must

be struck. Journal of National Security, 14-35.

Petterson, P. (2015). National Security Agency: Security and Privacy Analysis. Journal of

national security and technology, 2-15.

Saha, S., & Neogy, S. (2014). A case study on smart surveillance application systems using WSN

and IP webcam. Applications and Innovations in Mobile Computing (AIMoC), 12-38.

Wells, S., & Miller, C. (2017). Balancing Security and Privacy in the Digital Workplace. Journal

of Change Management, 2-34.

Wilson, P., & Wells, H. (2017). What do the watchers watch? an Australian case study of CCTV

monitoring. https://pdfs.semanticscholar.org/1fdf/795da1bd7643e54beee954f7d5f0776ec43f.pdf, 2-15.

Research Paper On US Border Privacy

Research Paper on US Border Privacy

Feliz Nunez

[Institutional Affiliation(s)]

Author Note

Research Paper on US Border Privacy

The attacks of September 11th made U.S. airports and airliner security a major priority, and led to increased border security. It led to heavy investments to enhance security measures over the previous decades, which included stricter screening procedures for baggage and procedures, x-ray screenings, metal detectors, explosives screenings and more recently smartphone and laptop checks. However, the increased screening and security measures have been labeled as improper, overly intrusive and humiliating, that threatens the privacy and thus civil liberties of passengers and entrants, even that of U.S. citizens. The paper will examine these claims and discuss US Border Security measures in light of privacy concerns and violations of civil liberties.

The grievance of the American public over compromised privacy as a result of border screenings was seen when nearly 250 people complained that U.S. border security officials searched their phones and laptops, containing private content, without a warrant CITATION Sav17 \l 1033 (Savage & Nixon, 2017). However, government agents have since long been allowed to examine possessions of entrants without requiring a warrant or a ‘reasonable basis’. However, personal electronic items and smartphones often contain private information which is not at the same level as luggage, which leads to a significantly high sense of privacy violation. Screenings usually involve agents searching through the citizens’ devices and private data either in front of them, or sending in the device for a forensic search that will involve copying all the data for a deeper examination into the contents.

The threats to privacy have recently led to a number of litigations in which rights lawyers claim that random screenings and searches violate Fourth Amendment rights. A number of people belonging to different backgrounds, professions have filed claims against the US Government, in particular people belonging to the Muslim faith. The rising number of claims correlate with a reported increase in the number of searches that have risen nearly 60% over the last two years CITATION Can18 \l 1033 (Canadian Press, 2018). For Border security officials and Homeland Security, the screenings are justified on the pretext of combatting child pornography and terrorism.

The ‘U.S. Customs and Border Protection’ upon mounting rulings and complains issued new directives to their border agents and established regulations in which new limits were placed on accessing phones of travelers, demanding passwords, copying files, conducting searches and on accessing stored items in the cloud. Nevertheless, agents are still allowed to demand a password to unlock electronic devices without requiring a probable cause to do so. Although, new regulations allow travelers to refuse, but a refusal can often lead to further consequences and complications. Moreover, agents are allowed only to search apparent data and not access older items inside cloud storage. Furthermore, border agents are not allowed to prevent citizens from entering the country despite their refusal to provide access to their devices. A refusal, however, may lead them to ask more intrusive questions, carry out extensive searches, increase detention length or refer the traveler to a more advanced search. In case, there is a national security concern; agents are authorized to connect the device to a hard drive, copy its contents and retain the data if there exists a probable cause or a security concern. Otherwise, they are instructed to destroy the data and return the electronic devices to the owner. Detaining devices require them to sign a form and obtain management approval if detention is to be prolonged CITATION Can18 \l 1033 (Canadian Press, 2018).

The wide scope of inspection powers given to U.S. border officials has also been a concern for other nations, in particular, Canada owing to the extensive cross border movement that takes place. Canadian authorities, for instance, warn their citizens that traveling to the U.S. may require them to provide passwords to their electronic devices, and that searches do not require pre-existing evidence or warrants. Whether they are U.S. citizens who travel to Canada and are returning back, or Canadian citizens, anyone can be subject to a routine border inspection that involves mobile device screenings, without grounds. Furthermore, they are also alerted to the possibility that advance searches require a genuine national security concern or reasonable suspicion of involvement in illegal activities, and in this regard, their powers may vary from that of Canada, EU or the UK CITATION OPC18 \l 1033 (OPC, 2018). Any restrictions on the searches such as accessing apparent data and not accessing cloud storage are also advised to citizens along with precautionary measures in order to avoid complications.

The unusually high powers afforded to border security have also been challenged by civil liberty unions, groups, and activists who have frequently expressed concern about the growing practice of mobile phone and electronic device screenings. The key cause of concern is that these powers allow officials to unlock the devices and scan through social media accounts, text messages, private photos, and legal information. There is also reason for concern whether similar practices would be implemented in case of domestic travelers within the U.S. which could, in turn, lead to greater apprehensions about privacy violations and increasing government surveillance. The issue of privacy is growingly recognized as a social and individual value internationally by the OECD, the UN or the ECJ. Its recognition as a universal human right has influenced legislation concerning data protection, bioethics, copyright protection as well as security CITATION Löf13 \l 1033 (Löfgren, Strange, & Backman, 2013). As the threat of global terrorism became serious, there was a surge in security measures and technology globally that have frequently involved some form of privacy intrusion. Consequently, that led to disagreement and debate over privacy considerations against demands for stricter security. Rights groups express fears of the U.S. slowly turning into a ‘surveillance society' in which privacy infringement and surveillance becomes socially acceptable.

The United States in comparison to other western countries face a range of challenges in the issue of privacy. The right to privacy is not as explicit in the United States Constitution; however, the Supreme Court has developed rulings based on the First and the Fourth Amendment, and the U.S. Bill of Rights. Thus, certain guarantees and limitation were developed and defined by the Supreme Court in a decision such as Katz v United States. One of the principles established in these cases was that a voluntary handing over of personal data to a 3rd party implies a relinquishment of the right to privacy for an individual against the state. The U.S. Supreme court litigation, however, remains limited in its rights-based approach and has so far worked to provide protection exclusive to U.S. citizens CITATION Lac15 \l 1033 (Lachmayer, 2015). Data privacy protection and associated frameworks fall within the domain of the legislature rather than the constitution. And thus, an enhanced focus on counter-terrorism by the U.S. Congress has led to the promotion of security measures rather than privacy concerns. As a result intelligence and security agencies were able to access personal data more easily. The priorities of the Congress towards counter-terrorism encouraged the administration to implement state surveillance measuresCITATION Lac15 \l 1033 (Lachmayer, 2015). However, with sweeping powers, further developments such as the Freedom Act demonstrate that there is a certain shift of concern, and efforts to limit surveillance and activities of intelligence agencies are underway.

In the U.S., the respect for civil liberties is an integral value that has been well defined and ingrained into legislation. At the same time, the Department of Homeland Security while expected to maintain security, is also expected to demonstrate an awareness of the sanctity of individual rights. It is therefore that all actions and strategies that Homeland Security formulates to enhance the nation’s security have to consider civil liberties simultaneously. The assertion that a compromise on civil liberties and rights is necessary to increase security suggests that these two important principles are in clash with each other. An acceptance of such a notion on the national level would condition the people to accept that civil liberties can be compromised at the cost of national or domestic security CITATION Sut14 \l 1033 (Sutherland, 2014). This notion is problematic in of itself, and encourages government agencies, such as border security, to overlook privacy concerns.

Although the U.S. Constitution places clear limits on the ability of the government to search private properties of individuals without due right, the same limits are practically and legally, not as strong when it comes to the border. Many legal protections remain weak and prone to be overridden. Consequently, border agents hold an inherent view that they are permitted to infringe on a person’s private data stored in his or her electronic device on the slightest pretext. It is this understanding which gives them the sense of liberty to scrutinize any content stored on a person's laptop, phone or portable device, which includes a person's legal consultation, e-commerce activity, social media postings or any other forms of communication. These approaches have resulted into invasive and often abusive practices that have led to severe consequences in the case of some travelers, often times on small mistakes or errors they may have made CITATION Cop17 \l 1033 (Cope, Kalia, Schoen, & Schwartz, 2017). It is, therefore, necessary to formulate better legal protections to help people having their rights infringed upon at the U.S. borders and to regulate and limit the scope of powers allocated to Border Security.

Moreover, the U.S. lags behind the EU and the UK when it comes to data privacy and protection from state surveillance and security agencies. A key difference lies in the legislature based approach the U.S. takes in this regard from the constitutional approach taken by the EU. Without constitutional protection, limitation of powers under counter-terrorism is a difficult and complex task, especially when state legislatures can differ with one another over the choice of having a privacy-friendly approach against security and surveillance based approach. A number of challenges exist both on the federal and the state level. Globally, there is an increasing demand to see data privacy to be recognized as a fundamental human right while at the same time governments strategize their counter-terrorism initiatives.

To conclude, the solution lies in battling crime, child pornography and terrorism in the ‘right’ way in order for the U.S. and its people and infrastructure to remain protected. A constructive national dialogue is required that embodies the principles of democracy and liberty while enacting legislation, and in the distribution of power. It is critical that civil rights groups advocate for better legislation to improve and protect digital privacy, as currently, the rights U.S. citizens have are fewer than they have near the U.S. border. Moreover, it is equally important that immigrants to the U.S. are provided similar protections. Stronger digital privacy protections are critical in the era where smartphones and electronic devices become more integrated into our daily lives and often contain sensitive private content. Although border security remains important in ensuring U.S. domestic security, the approach that border security has to clash with established rights to privacy must be challenged in order to develop a future where protecting privacy, and civil liberties remain a priority.

References

BIBLIOGRAPHY Canadian Press. (2018, January 18). U.S. border guards can search your phone: here are some details on how. Retrieved January 7, 2019, from CBC: https://www.cbc.ca/news/technology/usa-border-phones-search-1.4494371

Cope, S., Kalia, A., Schoen, S., & Schwartz, A. (2017). Digital Privacy at the U.S. Border: Protecting the Data on Your Devices and In the cloud. Electronic Frontier Foundation. Retrieved from https://thinkdifferent.thepeoplesclub.org/wp-content/uploads/2018/02/digital-privacy-border-2017-guide3.10.17.pdf

Lachmayer, K. (2015). Rethinking Privacy Beyond Borders. Tilburg Law Review, 20, pp. 78-102. doi:10.1163/22112596-02001008

Löfgren, K., Strange, M., & Backman, C. (2013). Introduction: Privacy and Surveillance Policy in a Comparative Perspective. Journal of Contemporary European Research, 9(1), 116-119. Retrieved from http://muep.mau.se/bitstream/handle/2043/15267/520-2509-1-PB.pdf;jsessionid=8FD76993E7C502DEFF5EBC5F87E03325?sequence=2

OPC. (2018, December 17). Your privacy at airports and borders. Retrieved January 7, 2019, from Office of the Privacy Commissioner of Canada: https://www.priv.gc.ca/en/privacy-topics/public-safety-and-law-enforcement/your-privacy-at-airports-and-borders/#toc2

Savage, C., & Nixon, R. (2017, December 22). Privacy Complaints Mount Over Phone Searches at U.S. Border Since 2011. Retrieved January 7, 2019, from The New York Times: https://www.nytimes.com/2017/12/22/us/politics/us-border-privacy-phone-searches.html

Sutherland, D. W. (2014). Homeland Security and Civil Liberties: Preserving America. Notre Dame Journal of Law, Ethics & Public Policy, 19(1), 289-308. Retrieved from https://scholarship.law.nd.edu/cgi/viewcontent.cgi?article=1202&context=ndjlepp

Research Papers

Law and International law

[Name of the Writer]

[Name of the Institution]

Law and International law

Introduction

Technology is one of the basis of the foundation of modern society, taking into account that it governs the dynamics of society and manages the underlying operations. Terrorism is one of the emerging threats that is compromising the success and working of society on a global scale. With the passage of time, terrorism has gone mainstream in the current scenario. Today terrorism has become one of the instantaneous dilemmas of the present time. Cyberspace is an environment that is without any kind of boundaries, it is more like a privileged space where a terrorist can find sources and make activities that are useful to make propagandas (Razak, et al. 2019). Such privileged places are responsible to launch attacks against enemies at different parts of the world. It would not be wrong to say that terrorist and the terrorist groups are exploiting internet. Moreover, almost all terrorist attacks are carefully choreographed so as to attract the attention of the international press and other electronic media. Terrorists are using social media not only to commit terrorist attacks but it is also used to facilitate some diverse and wide range of activities that are terrorism oriented such as training, incitement, collection of information, recruitment, preparation, planning, financing, and communication between terrorists.

Discussion

Recruitment of terrorists by using modern technology is one of the most significant and most commonly disused issues. It is highlighted that there are different platforms from which this recruitment is offered such as social media and technological avenues. In the future, it is required to address the strategies that are meant for the developing and growth of the people (Smith, et al. 2019). Different researchers and scholars have incorporated a different and diverse understanding of the employment of terrorists by using Facebook account or another social media tool. According to research, it is highlighted that there are a lot of groups and terrorist movements who are always active on the internet, including different national and international movements. these movements include the Islamic Resistance movement, the Lebanese Hezbollah, Al-Gam'a Islamiyah, and Kurdish party, etc. (Keatinge, et al. 2019). It is asserted that the surfing on the web is one of the easiest methods that can help to facilitate the spread of materials by terrorist groups.

According to the study conducted by Prof Gabriel Weimann, named as, “Terrorism in Cyberspace: The next generation” demonstrated that there is a massive increase in the presence of terrorists on the internet since 1998 (Razak, et al. 2019). According to the address by Nilsson in Digital Forum on Terrorism Prevention in Silicon Valley, it is highlighted that there are many counterterrorism efforts on the internet. Under this condition, it is necessary to recruit additional members by the terrorists’ groups (Razak, et al. 2019). There are certain tactics that are used by the people to recruit terrorists such as the production of provoking or directing videos that can help youngsters to get an insight and interest in violence. The video recording of suicide attacks, discussion boards, online chat sessions, CDs, online streams, DVDs, distribution list and the leaflets that are downloadable show courage and commitment of terrorist groups (Razak, et al. 2019).

According to the social science research that was conducted for the examination of the use of tactics, to indoctrinate the individuals for recruiting them in extreme organizations, it is found that the internet is a common tool. It can show and display violent activities by publishing extremist rhetoric and videos and, is also used to develop relationships with soliciting terrorist groups. Terrorist organizations are using propaganda that is distributed through different platforms such as restring access to some internet websites and password-protected website. Chat groups are also one of the ways that are used as a means of increasing and paving the way for recruitment. Moreover, the internet also provides access to a global pool of potential recruits. It is asserted that these recruited cyber forums are meant for promoting learning and support to the terrorist organization and to engage outsiders and interested people in knowing the furtherance of objectives of terrorists. Similarity, the securities, and limitations are also barriers for law enforcing agencies to understand the intervention in the scenario to stop such actions (Smith, et al. 2019).

Some vulnerable and marginalized groups in society are also tailored to let people and youth know about terrorist groups. Such people are often approached through social media websites where the process of recruitment and radicalization capitalizes sentiments of humiliation, injustice, and exclusion. It is also found that internet is also one of the effective and efficient medium for the recruitment of minors that is one of the major population who is using social media and internet (Razak, et al. 2019). It is found that the internet has the aim to recruit minors by using different cartoons, computer games, and popular music videos. Such applications and steps are an amalgamation of both children stories and cartoons that have the target to attract minors in different actions such as suicide attacks. Another example of this recruitment is games in which people are seen attacking each other and killing. The fuel to the fire of terrorism is added by using some political figures and state leaders, taking into account the notion of killing the political leader in a game (Razak, et al. 2019).

It is asserted that technology is also used to incite acts of terrorism that are usually considered unlawful by many states. It is found that the internet provides a lot of material along with opportunities where text can be edited and modified according to the will of the reader or the writer. It is meant to distribute content that is completely a product of some terrorist agenda. There are a lot of people who are seem reading some particular author or writing under the essence of some violent figure or individual. It also includes the ideology of sharing beliefs with other people around the globe but with great care so to address interference by the external parties who are meant for check and balance (Razak, et al. 2019).

Financing is another aspect that is associated with the recruitment of terrorists where a lot of people who have some violent views and passion to do anything for the online recruiter are hired to work for some particular platform. Here, technology is used to recruit terrorists by giving them the chance to earn a better living but following some orders and they can either be part of an attack or some other action that may prove harmful in the long run. Another general and a very common framework that is associated and used for the hiring of terrorism is the use of social media platform. Social media tools such as Facebook and twitter are used to perform such actions that can act as a proper channel to promote terrorism (Keatinge, et al. 2019). It refers to the use of some particular websites such as on Dark web and underrated or suspicious websites that can only be accessed with the help of a referral network.

Social media is one of the popular and common platform that is used for the achievement of such ambitions, where an individual who seems interested and inspired by violence is sent a Facebook friend request. It is followed by a lengthy conversation, leading to brainwashing or building strong beliefs regarding terrorism and violence. The use of social media of bringing people close to each other especially those who have the same visions of this world is tilted to bring people of same violent mindset close to each other (Keatinge, et al. 2019). After a few months, either that individual is found in the subject training groups of terrorism or they are just the figures who are always ready to come up with violent ideas that can support terrorism. Nowadays, terrorists are also recruited by different platforms where both positive and negative reinforcement is used as a tool that can either suppress or highlight a particular behavior. This ideology refers to the games that have both violence and communication tools activated. While playing that game, a gamer can get in touch with another participant who is performing well and it is one of the most controversial things in any terrorism framework (Keatinge, et al. 2019).

Other strategies and propositions that are used for the recruitment of violent people through social media is a platform where employees are seen fed up from their organizational framework and they are seeking freedom. Thus, support is provided by the terrorism recruitment websites by bridging some successful and positive relationship with those employees followed by terrorism (Keatinge, et al. 2019).

Conclusion

Although technology is one of the platforms that can bring a massive shift in the walk of life and the happenings of the world. However, much like other things that are two-phased, technology is also two dimensional. A place where technology is used to connect people who are far away from each other and who are at distant places, modern technology is opening place of terrorists because some of the modern technology avenues are used for hiring ruthless terrorists. There are different ways in which recruitment of terrorists is made, taking into account the underlying features of social media application, some websites and games that can promote interaction. In association as a part of the justice system, it is highlighted that special attention is required on the people who are using social media as a tool that can be one of the most preferable and best options for hiring and recruitment of terrorists.

References

Keatinge, T., & Keen, F. (2019). Social Media and (Counter) Terrorist Finance: A Fund-Raising and Disruption Tool. Studies in Conflict & Terrorism, 42(1-2), 178-205.

Razak, M. I. A., Rahim, R. A. A., Ramli, M. A., Yusof, M. Y., Salleh, P. H., & Kasmaruddin, N. I. (2019). Religious Extremism & its Recruitment Methods: An Analysis. Journal of Administrative Science, 16(1), 34-50.

Smith, J. M., & Alarid, M. (2019). terrorism Recruitment and Radicalization into the 21st Century. Online Terrorist Propaganda, Recruitment, and Radicalization, 179.

Essay II

Police As a criminal

Introduction

Usually, the police are defined as a code of conduct and a department that is meant to maintain peace. Initially, all positive attributes and peace associations were found in the police department because they are meant to maintain law and order. There are several responsibilities of policy such as detection of crime, jailing criminals and mitigating the worries of people that are particularly related to society and societal peace. There is to coin a phrase, “One law for Gods and other for animals” that is fit for determining some internal structures of the police department where affairs and rules are contaminated with the gaps in law and order. It would not be wrong to say that there are several cases in which police is engaged in criminal acts such as killing, harming and using their power and badge to gain some personal benefits. If researched, it can be found that there are a lot of examples in which people got killed, harassed and mutilated because of the issue of power by the police department. Police as a criminal seem ambiguous but it is one of the brutal realities of the present time.

Discussion

Although it is hard to imagine that the department that is assigned the duty and potential to maintain law and order is found stuck in cases of mismanagement but negativities are followed in the worst of the version, the police department is one of them. Police is its self-engaged in a number of crimes because they are motivated by ample economic upheaval that is not offered by their department (Masur, et al. 2019). An analysis of the data collected from the FBI reveals that US police is killing people at a disproportionate rate. Although data is not complete still the situation is very alarming because the job description of police infers code of conduct, neutral attitude towards people and a strong adherence to the legal framework (Murdoch, et al. 2018). Sometimes it is the obsession of power and strength that police are more of a criminal and less of a jurisdiction. There are several cases in which police is seen engaged in facilitating criminals and crimes in different ways such as, either allowing criminals to pass through the blocked roads helping them getting out of jails and getting in touch with their gangs. Police as criminal is not just an illustration of the engagement of police in criminal activities but it is also an illustration of the facts and features that assert situation which is the product of power zone (Murdoch, et al. 2018).

As police have the power and authority to maintain law and order and they are assigned differed jobs that include checking people passing by, checking of traffic vehicles and the helping people address their concerns. Even in all such cases, the police are seen vaulting the code of conduct. One of the examples is the excessive use of firearms, taking not account that number of cases are recorded in which people are seen being killed by police just on the basis of a generalized context or ideas that are not supposed to be true (Masur, et al. 2019). While on duty, police became so dominant that they do not think before firing an individual and a lot of people are found dead. Another example of such brutality is the incorporation of stenotypes that arise while performing duties. Many of the white police are found to be racist while they are perfuming their duties. There are several cases such as the murder of Eric Garner and Mike Brown in the United States in which these individuals are found to be killed without any reasonable cause (Greer, et al. 2019).

According to research, it is found that there is a large number of cases in which Black people are being observed to be a victim of weapon of white men (Masur, et al. 2019). Police are seeing violating the constitution of the United States. There are many cases of lobbying legislation and bribing. One of the most critical facts is the lobbying of city members in order to main laws that can promote victimless act ticket so as to get more money. Sexual misconduct is the one of the most critical act and theme associated with police as a criminal taking into account that it is one of the most demoralizing acts. The essence of misconduct is not confined to it only, in fact, there are a lot of cases in which police are engaged in using their badges you get discounts and entry to concerts, etc. (Greer, et al. 2019).

Conclusion

In conclusion, it can be said that there are two reflections that are associated with the police. At one side, the police are the ultimate protector of peace, humanity, and harmony. While on the other hand, the policy is a connotation of fear and depression where they resemble Gods for whom the public is like flies and a favorite victim. There are several cases of police brutality that portray the police as a criminal. Although it is a breaching of the code of conduct and the set principles, still, it exists. In a nutshell, it can be said that police as a criminal is the worst reality of this world because police is the only living entity after spiritual beliefs that have the right to bring peace and harmony in the lives of people and bring an end to bundle of miseries and unfortunate actions that can lead society to death and destruction.

References

Greer, S., & South, N. (2019). 2 The criminal informant: police management, supervision and control. Invading the Private: State Accountability and New Investigative Methods in Europe, 2.

Masur, J., & McAdams, R. H. (2019). Police Violence in The Wire. In University of Chicago Legal Forum (Vol. 2018, No. 1, p. 7).

Murdoch, J. (2018). Police Powers and Criminal Investigations. In The Police and International Human Rights Law (pp. 125-153). Springer, Cham.

Revenue Law

Deductable Income

Student’s Name

Institution

Date

Introduction

An income tax is always imposed to everybody required by the law and it depends on an individual income, or profits. Taxation depends on the traits or characteristics of an individual taxpayer. It means that the taxation imposed on an individual taxpayer, is based on an individual expenses, income and investment he or she made over a given period. This paper therefore, illustrates the income tax to Paul’s outgoings to determine the amount of tax he intends to pay and various laws, which covers taxation.

In the case of Paul investment and disposal of his property, he is expected to pay income tax for selling of his property at Brisbane at $400,000 as required by the law. Under Capital Gain tax, any assets dispose by an individual is expected to pay a capital gain of 33% as a tax. This is applied to Paul and therefore, he is expected to pay income tax to the federal government. Paul is required to pay income tax on commission paid, legal fee and for the sale of the property. Paul total annual income was 175,000 + 65,000, which is $240,000 for the period of the year ending. However, Paul is required to pay income tax on capital expenditure. Capital expenditure is the amount spend on repair and maintenance of a properly. The cost of maintained was $12,000 and therefore, he is expected to pay 15% for capital expenditure, which is the amount he spent on repairing the house before sale. In this case, 15% of $12,000

= 12,000 * 15%

= $1800

Under section 8-1 ITAA 97 and through section 8-5 of ITAA 97, all capital expenditures are subjected to tax deductable. In this case, Paul is required to pay tax on commission, legal fee, and maintenance expenditure. The income tax assessment act 1997, the taxable income is divided into three business income, personal earnings and capital gains income. In this case, the property sold by Paul would be subjected to income tax under capital gains. Paul would therefore, pay income tax on dale of the house at $400,000- In this case, the amount sold for the house would be added to the total income and then applying the tax rate.

Paul’s personal earning = $240,000

Capital Gain income =$400,000

Total income =$6400, 000

Therefore, Paul’s income tax is = $640,000 – $180,000

=$460,000

= $460,000

= $54, 232

Paul’s would be required to pay personal tax of $ 54, 000. This personal tax is based on the total Paul’s earning for a year and the capital gains he obtained from the sale of the property in Brisbane.

Under the income tax law, it is required for every citizen to pay 19% for income above $180000 per year. Paul total income is 240000 and therefore, the taxable income is 45% of any amount above 180000

Therefore, Paul’s tax income = $240000 – $180000 *45%.

= $60000*45%

= $27,000

Therefore, Paul annual income tax = $27,000.

Ash v Federal Commissioner of Taxation

The case of Ash v federal commission of taxation was made before the appeal case regarded the decision of the commission to enforce some deduction on his capital expenditure. In the case, the Supreme Court made the decision that the respondent made erroneous decision. The outgoing does not produce income and therefore, it cannot be subjected to taxation. In the case ”: Amalgamated Zinc (De Bavay’s) Ltd. v. Federal Commissioner of Taxation (1935) 3 ATD 288 at p. 293; 54 CLR 295 at 303 the judges made decisions the expenses or loses might be incurred in the line of business. And this loses or expenses should not be taxed before no income is generated in the process.

The decision made by judges under the Federal Income Tax Assessment Act, 1922–1929, s. 23, (1) (a) and under the New Zealand Act, means that deductable income tax is applicable to expenses, which are incurred when repairing or maintenance of a building. And therefore, Paul would not be required to make any income tax payment for the repairing and maintenance services of the property before he disposing it to a client. Again, under the Assessment income Tax Act 1997, the deductable income tax is applicable to income or capital gain of more than 180,000 and the capital expenditure covered by Paul was only 12,000 during the sale. And this means that Paul is not required by the law to make any income tax payment for capital expenditure.

Paul’s net capital gain is calculated based on the amount he was paid for the sale of the house, capital expenditure, legal fee and commission.

Paul’s property sold at =$400,000

Capital expenditure for the house = $12,000

Commission paid =$10,000

Legal fee =$2000

The total expenses are=$ 24,000

Income tax =$400,000 – $24,000

= $376,000

= $376,600 *15%

=$54,400

Therefore, the capital gain would be =$376,600- 54,400

=$322,200

Based on the calculation, Paul capital gains from the sale of the property are $ 322,200. This is obtained after deduction of all the expenses incurred when repairing the house and during the sale.

It is important to state that Paul’s capital gain from the sale of house is $322,200, and the capital expenses incurred was 12,000 and the legal fee and commission is $12,000 as well. The personal income tax paid by Paul at the end of year was $54, 232. This includes personal earnings and the earnings from investment, the same of property.

Bibliography

BIBLIOGRAPHY Lowry, S. (2017). Tax Deductions for Individuals: A Summary. Congressional Research Service , 2-35.

Review Of Literature



Title page

Review of literature

Theoretical method

The literature review analyzes the peered- review journals and studies for examining the use of force. The studies explain that police have direct interaction with the officers so they need to make decisions for determining how they must treat them. Police officers use various levels of force during their encounter with the citizens. Two main forces identified by the research studies include lethal and non-lethal forces. Riiksheim and Cherman (1993) stated that knowledge is an important element that influences police behaviour. Research of the past 20 years states that the police is inclined to use force on citizens. Another important thing highlighted by the studies is changes in the use of force and different criteria used by researchers for defining it. The findings of Garner et al., (1995) show that the use of force by police became a common tool in the 1900s to control crime. Klahm and Tillyer (2010) studied the role of different factors on the police force.

The demographic factors that impacts officers decision of using force include ethnicity/ race, gender, age, demeanour, social class and intoxication. The study of Klahm and Tillyer (2010) also uncovered evidence that highlights other encounter factors responsible for the use of force. These factors include weapon, proactive contact, resistance, and arrest. Several studies are considered for providing evidence for building a relationship between encounter factors and the use of force. The findings of the literary studies depict that race/ ethnicity has no positive relationship with the use of police force (Engel et al., 2000; Sun & Payne, 2004; Lawton, 2007). While the results of Terill and Mastrofski (2002) states that race or ethnicity impacts the officer's decision of using force. This proves that non-white citizens are more likely to face force than white citizens. The findings of Terill et al., (2008) also proves that police adopt discriminating attitudes that convince them to use force on black citizens. The study of the relationship between gender and use of force exhibit mixed results. This indicates that police is more likely to use force over male citizens than females. The studies conducted by various researchers confirm that likelihood of using force increase when police encounter males (Garrner et al, 2002, Engel et al., 2000; Sun & Payne, 2004; Lawton, 2007). This also confirms that a higher level of force is employed on males.

Many studies reveal that the use of force also changes with the age of the citizens. The results of the studies indicate that police officers use little force over older suspects (Garrner et al, 2002, Engel et al., 2000; Sun & Payne, 2004). Paonile and Terill (2004) reveal that the use of force over young counterparts is significantly high. Male officers avoid using physical force or violence on older people and the prospects of using force further declines in the case of females. Most of the studies prove the positive relationship between demeanour and force. This indicates that the suspects which adopted disrespectful attitudes towards police officers faced a high level of violence (Garrner et al, 2002, Engel et al., 2000; Sun & Payne, 2004). The studies thus confirm that the citizens who exhibit respectful attitudes towards officers face low risks of physical force (Terill, 2005). This is because officers expect to receive respect. The relationship between social class with force is also positive. This reflects that citizens who belong to the upper social class are less likely to face aggressive treatment from officers. Similarly, citizens that belong to low social class are more likely to experience a physical force (McCluskey & Terill, 2005).

Several studies have identified intoxication as an important factor that affects officers decision of using force. People who are under intoxication influence are more likely to face physical force from the police (Engels et al., 2000). Similarly, citizens that are without intoxication can avoid force. Environmental factors influence officers decision of using force on offenders. The studies reveal that citizens or suspects who possess weapons face high force from officers (Paonile & Terill, 2007; McCluskey & Terill, 2005). In many cases, the police state that the offender was carrying a weapon so the use of force was essential.

The proactive contract is another environmental factor that impacts an officer's decision of using force. The findings indicate that when the officers proactively initiate their encounter with the suspects they use force. This also alarms suspects about the possibilities of physical force (Paonile & Terill, 2007; McCluskey & Terill, 2005). Resistance influence police decision of using force. It states that suspects who resist against officers experience a high force (Garrner et al, 2002, Engel et al., 2000; Sun & Payne, 2004; Lawton, 2007). Compared to them the people who don’t show any signs of resistance don’t face any physical force.

It is difficult to determine the use of force before or after the arrest as limited studies are available on the assessment of this factor. Findings of the literature depict that the presence of more than one officer during an encounter with suspect increases the risks of physical force (Paonile & Terill, 2007; McCluskey & Terill, 2005). Studies have also confirmed that personal characteristics of officers also impact their decisions of using force. Such as those who discriminate among races employ more physical force on blacks than whites. Limited studies are available that prove the relationship of an officer's age with force. The findings however confirm that male officers use more force (Paonile & Terill, 2007; McCluskey & Terill, 2005).

Reference

BIBLIOGRAPHY Klahm, C. F., & Tillyer, R. (2010). Understanding Police Use of Force: A Review of the Evidence. Southwest Journal of Criminal Justice, 7 (2), 214-239.

Rhetorical Precis

Student

Professor

Assignment

Date

Armstrong, John H. "Modeling effective local government climate policies that exceed state

targets." Energy Policy 132 (2019): 15-26.

Every law and system of law universally has a primary purpose, which is to provide rules that every member of the community must abide by by establishing standards and standards in each activity. No one or any party shall be allowed to overreact or oppress the other members of the community. In addition to establishing standards or restrictions on human behavior, the law also seeks to maintain and establish order in society. It aims to stop and prevent members of society from doing bad or immoral things.

Chemerinsky, Erwin. Constitutional law: principles and policies. Aspen Publishers, 2019.

The laws of society have a lot of all kinds of “duties”, among which the connecting and regulatory functions are especially targeted. The laws of society, performing a fastening (ounce), combine both identical, identical phenomena, and heterogeneous in their origin, the nature of their essence. Distracting) the content of these phenomena, they can be divided into phenomena-systems, gulenia-properties, phenomena-processes, phenomena -relations. Accordingly, it is possible to integrate the laws of the connection of systems, properties, relations etc.The laws of communication systems fasten various systems as a homogeneous order, and heterogeneous and even directly opposite. They can be subdivided into laws of communication between large and small systems, complex and ethnically simple, related and opposite, general and private, according to their individual properties and sides, according to the importance of systems, according to their subordination, etc.

Guzman, Andrew T. How international law works: a rational choice theory. Oxford University

Press, 2008.

The paper analyzes the basic concepts that are used in the characterization of social laws, such, for example, as the "mechanism of action of social law", the conditions for its manifestation, the "implementation period", the "requirement of the law", etc. In connection with! consideration of these concepts in the work substantiates the need to create a general theory of social law and outlines some of its contours.

Hafner-Burton, Emilie M., and Kiyoteru Tsutsui. "Justice lost! The failure of international

human rights law to matter where needed most." Journal of Peace Research 44.4 (2007): 407-425.

The general philosophical concept of law, in addition to the traditional features with which it is usually characterized, should be supplemented by a number of others. The law should not be regarded as something static, as a ready-made existing connection. The law is the necessary attitude that is being formed in the course of its implementation. The connection that the law expresses is a whole collection of more private sub connections and subbotnos. This is a living, interacting, ongoing connection, possessing a certain internal strength and introducing a certain order into the phenomena regulated by it.

Kerwin, Cornelius M., and Scott R. Furlong. Rulemaking: How government agencies write law

and make policy. Cq Press, 2018.

The laws of society always arise about something, are mediated by the third element, which can be the most diverse phenomena and processes of public life. Due to this, the social regular relationship consists of two halves, which can be represented as independent, special ties. This direct link can be put into one of the grounds for the separation of laws, which makes it possible to carry out a substantive classification of them, considered in this paper.

Kleinheisterkamp, Jan. "The next 10 year ECT investment arbitration: a vision for the future–

from a European law perspective." (2011).

The laws that apply in the course of the life of one or several, but not all, laws that apply in all or several areas of the same formation; c) and, finally, a specific group consists of specific laws, which include laws that act in the same sphere of life societies. and at the same time throughout history, laws inherent in one sphere and operating in several (but not all) formations, laws operating in one formation and, at the same time, in one sphere of society. Between more general and less general laws there is a certain relation, which can be summarized as follows: a) general and particular laws are directly related to each other; b) general laws appear in relation to particular as one property to another, less general, and each of these properties has a completely independent meaning; c) general laws relate to particulars as a larger relation to a smaller one only in terms of the relation of comparison.

Sauvant, Karl P., and Federico Ortino. Improving the international investment law and policy

regime: options for the future. Helsinki: Ministry for Foreign Affairs of Finland, 2013.

Conscious use of the laws of society is not only the greatest advantage of the new system, but it imposes on society, and especially on its governing and planning bodies, extremely difficult and complex responsibilities for taking into account the specifics of their actions in changing conditions. And here we are faced with the possibility of violating the objective laws of society. These violations are possible, firstly, due to ignorance of the law, and secondly, due to the deliberate disregard of already known laws and, finally, due to the incorrect application of laws in practice.

Slaughter, Anne-Marie, and William Burke-White. "The future of international law is domestic

(or, the European way of law)." Harv. Int'l LJ 47 (2006): 327.

The laws of society, in contrast to the rigid determination of the laws of the city, provide a well-known choice for a person, the so-called free will. If the structure of the laws of nature does not include a human being and one can speak of freedom in relation to such laws in terms of cognition and mastery of the forces of nature, then when characterizing the laws of society it is impossible to do without it: it is present at all stages of the mechanism for their implementation. The goals and interests of people, intersecting, form a common resultant, definite statistical regularity. Based on an overview of the instruments that are applied throughout the European Union and in the different economic sectors, the importance of legal, regulatory instruments in the different consumption sectors is discussed and some characteristic examples are presented in detail respectively highlights of successful (or less successful) instruments and programs; Chapter Seven deals with energy efficiency markets; Topical issue considering trends towards the liberalization of energy markets in Europe and in the world.

Schmidt, Vivien A. "European elites on the European Union: what vision for the future?." The

European Union and World Politics. Palgrave Macmillan, London, 2009. 257-273.

The legal foundations - both constitutional and referred to specific laws and regulations - are analyzed in the fourth chapter, covering topics such as: the foundation of legislation on energy and efficient use in constitutions respectively in the public law of the States; specific energy efficiency laws in several European countries; the insertion of regulations or other instruments of State intervention in the political and administrative frameworks at national, regional and local levels; as well as the interrelationships between community legislation and national laws in the energy area.

Walker, Kristen. "International Law as a Tool of Constitutional Interpretation." Monash UL Rev.

28 (2002): 85.

The number of informal processes of a less general order, the general historical process, should include processes that capture several spheres of social life from their stream, as well as processes that take place in its individual spheres. Unformalized processes, like any other, have their duration, which is determined by the nature of the action of laws. The moment of occurrence and the moment of leaving the scene of the deformalized process shows that relevant laws have arisen in this area of ​​public life or, conversely, have come down to dates. The speed of the process, the stability of its pace depends on the time during which this pattern is implemented.

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