Friday, March 20, 2020
200+ Writing Prompts To Help You Think Outside The Box
200+ Writing Prompts To Help You Think Outside The Box Whether youve never heard of writing prompts or youre a huge fan of themà like I am, youre going to love this post. If youre not familiar, they are basically writing ideas to spark your imagination while writing. Who doesnt love getting new ideas (especially when youre out of them)? Read on for fresh writing prompts to give you new ideas for your own writing. How To Think Outside The Box With 200 Plus Writing Prompts via @devinberglundWhy You Should Use Writing Prompts You know those days when you write something and then you delete it all to try writing it again... And once you've written something, it still doesn't sound exactly how you want it to so you scratch the whole thing. This is the kind of situation whenà you should try out some writing prompts. They are meant to get you thinking about your projectà from another perspective. Writers who don't struggle to find writing ideas would also benefit from using these. You see, it gets you thinking in a different way. And thinking outside of the box will help you produce more creative ideasà to give your content a unique perspective. Sick of struggling for writing ideas? Get your 200+ writing prompts here.The Different Kinds Of Writing Prompts Writing prompts are popular in the journaling and creative writing worlds, which opens the door to many different kinds of prompts. But in this post, you'll learn aboutà three writing prompts that will help you in the content marketing world:à You've got fill in the blank prompts, à question prompts, and prompts that tell you to look somewhere for your ideas. This isn't to say that there aren't more out there that will help you, but these are the ones you'llà focus on throughout this post. Recommended Reading:à How To Write Amazing Posts With This Blog Writing Checklist Here areà a few examples of some writing prompts: Fill In The Blank Prompts {#}à Ways Toà {Overcome Challenge} Question Prompts What is your content core? Prompts That Direct You To Look Elsewhere For Your Ideas Go to where your audience is. What questions are they asking? Writing Prompts To Get You Writing Hereà are several examples for eachà kind of writing promptà toà help you come up with some awesome content: Fill In The Blank Prompts: A list of ways that your product will help you with _____. Wish I'd known ____ before ____. What ____ means for {company or industry}. The best things I learned at ______. ______: I Learned The Tough Way. What happened on this day_____ {pick a number} years ago. 100 ____ that will ____ you be more awesome at what you do. We've been doing this wrong... Ask ____ {pick a number} people the same question and compile it into a collaborative blog post. Why this ____ {pick a speech video} speech teaches you all you need to know about ____. ____ {pick a number} _____ {type of videos} Videos That Will Help You ______. The ultimate guide to ______. Do _____ {number} Things By _____ {age}. What ____ {name of someone or something} Never Told You The Truth About ____. Why I'm going to quit ______. What are the goals for your next fiveà years? ____ {number} Real People Share Their Biggest _______ {topic} Problems ____ {number} Ways To Track _____ {topic} Your _____ Without Going Crazy ____ {number} Blog Posts To Read When You're _____. This Trick Helped Me ____. What You Need To Know If You're _____. How I Went From ______ To _____. ____à {number} Empowering Ways To Track ____ Without ____. The Truth About ____. ___ {number} Crucial Things To Do If _____. ___ {number} ___ That Will ___. ___ {number} ___ Share The Top Tips They Give To _____. What Is ___, Anyway? Here's What Makes The Real Difference Between ____ And ____. Is Giving Up ____ A Good Way To ____. Here's Everything You Need To Know About ___. Why ___ Doesn't Want You To ___. Is This The Reason You Can't ___. The Exact Formula For ___. ___ {number} Ways ___ Can Help You ___. Why ___ Should Just Relax About ___. ___ {number} Ways To ___ Without ___. ___ {number} ___ {topic} Hacks To Add To Your Bag Of Tricks Real-Life Solutions For _____. Low-Cost Tools To Help With ____. Conquer Your Fear Of ___ With ___. ___ {number} ___ Ideas To Give A Try Must-Have ____ Tips To Have For ___ ___ {year} ____ Trends ___ {number} DIY ___ Ideas ___ {number} ___ Budget Busters Easy ___ Tips For Your ___. Easy-To-Make ___ That Will ___. Must-Have-Tools For A ___. ___ On A Budget: Tips To ___. 1-Hour Tips For ___ That Will ___. ___ {Topic}: Easy Ways To ___. Spruce Up Your ___ With These Awesome ____ Tips. ___ {number} Things ___ (certain title for a person) Do. ___ {number} Rules That Are Stupid. ___ {number} Warning Signs That ___. The Heartbreaking Reality Of ___. ___ {number} Things That ___ {certain people title} Think About ___. Question Prompts: What are some things people in your field want to know? What are positive conversations about things in your field being held? What are negative conversations that are being held in your field? What trends are big in your niche or field right now? What plugins and apps help you do your job better? What is your core content? If you could interview a person in your niche, who would it be? How'd you get started in your career? If you could interview a person in your niche, who would it be? How'd you get started in your career? What didn't work for you? What questions do you get? Compile it into your FAQ. What makes my company different? What is something that you enjoy every day? What adventures do you experience in your career? What are your top distractions and how do you deal with them? What's your motto for your company or blog? What's a current frustration of yours? What advice has stuck with you for a long time? Who gave you that advice? What's a day in the life of ___ {you} look like? Who is the one person that you definitely couldn't live without? What books would you recommend your followers to read? What would you tell someone who wants to go into your career? What is the toughest thing about being a ___ {your job title}? How To Make Your Products Look Appealing? Prompts That Direct You To Look Elsewhere For Your Ideas: What are your competitors writing about? Take a look at three of yours and combine them together and create something amazing-er than they make. Look for keywords and let them be your guide. What are your customers' pain points and how can your product help them? Go find out what they are saying their problems are. Take a look at your top content in your analytics and write more like those or even revamp your old posts. Is there a change I could make in the next 24 hours... Look through all the comments on your blog and answer comments in blog post form. At theà end of theà year, list your posts by category and publish that as a post. Search out your brand persona on social media and find out what questions they are asking. Use them as blog prompts. Search on Twitter search and on Google Trends. Why customers are going elsewhere (put a spin on it to make it positive.) Social media tips for your industry. Take an unrelated topic and somehow tie it into your niche. Profile readers or customers. QA interview with your team. Write your own manifesto. Write a parody post. Read forums to find writing prompt ideas. Write a truth vs lie post. What The Worse Customers Can Teach You About... Get the rest of your writing prompts in your free kit now! Recommended Reading: How To Write A Blog Post: Your 5-Point Checklist To Rock A Perfect Blog Post Want To Create Your Own Writing Prompts? Sometimes it can be tough to take other people's suggestionsà and customize them so that your ideas can shine through brightly. So I am going to show you how to create your own writing prompts because sometimes all you need is to find the ideas yourself. If you follow these steps, I promise you'll find a handful of new creative ideas. Here are the secrets to coming up with new #writing ideas! #amwritingHere's How You Can Create Your Own Writing Prompts There are plenty of different places to look for writing prompts.à One of my personal favorite places to look for prompts is in magazines. (Especially in health magazines.) Cosmopolitan has been citedà as a great headline source by headline masters. Why not use headlines to spark your writing ideas? They make great prompt ideas. Any kind of magazine or magazine's website works, too. Look in a variety of magazines (stretch to different genres as well): health, beauty, sports, cars, and home living magazines. When you look outside your niche and into other niches, you might find something new that you wouldn't have seen somewhere else. And thatà will strengthen your writing. Honestly, you'll learn a lot from those headline writers. They are good at what theyà do. Picasso was known for saying: Good artists copy, great artists steal. So mirror that in your own life as a writer. Don't just copy the ideas. Steal them and make them your own. Make sure you don't get distracted if you're creating your own prompts. It can be so easy to spend the rest of the day on the internet looking at nothing- in the name of research. You know where that bunny hole leads. And it doesn't lead to productivity or getting your projects done. It can be so easy to waste time on the internet in the name of research.Recommended Reading: 9 Ways To Reclaim Your Breakthrough Content Ideas From Old Posts Here are yourà writing prompt creation steps: 1. First off, make a huge list of topics and ideas that you'd like to write about.à Keep those handy by downloading the spreadsheet that accompanies this post, or in a tool like Evernote. 2. Go to a magazine website or look at an actual magazine. 3. Find headlines that catch your attention. 4. When you find a headline that sounds catchy,à look at it. What makes it catchy? I am going to choose this headline as my writing prompt idea example: "12 Ways To Take Your Pushups To The Next Level" Now, if you remember from our other post, "Here Are The 101 Catchy Blog Title Formulas That Will Boost Traffic By 438%", we talked about blog post headlines that have numbers in them do better than ones without. Now, there are plenty of ways that we could use the idea above to inspire our own writing. My example from above:à 12 Ways To Take Your Pushups To The Next Level This will sorta turn into a fun "fill in the blank" game with topics that interest you. Recommended Reading: 10 Easy Blog Post Ideas To Fill Your Editorial Calendar 5. Rework the headline you chose into your own blog prompt. Look at your list of topics and things that you want to write about.à All you have to do now is take out some words and insert some of your own.à Magazines are really good at writing their headlines, so start practicing and let them help you come up with your own writing prompts. Here are a few variations: __ {number} Ways To Take Your ____ To The Next Level __ {number} Steps To ___ Your ____ ____ ____ And what do they look like when you add your own style and flair to them? 23 Ways To Take Your Customer Serviceà To The Next Level 17 Steps To Write Your Best Content Ever After you've done that, it's time to figure out what the steps are that are going to help your readers solve their problems. 6. Create a huge database of ideas like this.à After creating a ton of exciting prompt ideas, write them all down in a writing prompt library. You can store your writing ideas in a notebook, in anà Evernote note or even in aà Google Docsà or Sheetsà doc. (I've created an Excel document for you to use and that is included in the bundle that complements this post.) It will look something like this: How Should Youà Use The Writing Prompt Library? All you have to do is fill in these questions: List your prompts. In what blog category will the blog prompts fit? Do you have a keyword for it yet? When do you want to publish the post? If you find something else that you'd like to track in your Writing Prompt Library, add to the columns at the top and then track away. Now You're Ready To Rock And Write... How awesome is it to have all these ideas? And don't you just love that "magazine headline" secret to finding new writing prompts? I know it can be hard to come up with ideas of your own. So if you are still struggling to find things to write about or are still trying to get unstuck, make sure you download the writing prompts tear sheet to get 200+ writing prompts and your writing prompt library.
Wednesday, March 4, 2020
Cosmos Episode 12 Viewing Worksheet
Cosmos Episode 12 Viewing Worksheet In the spring of 2014, Fox aired the television series Cosmos: A Spacetime Odyssey hosted by Neil deGrasse Tyson. This amazing show, with solid science explained in a totally accessible way, is a rare find for a teacher. Not only is it informative, but students also seem to be entertained and invested in the episodes as Neil deGrasse Tyson narrates and gets excited. Whether,à as a teacher, youà need a video to show yourà class as a reward or as a supplement to a science topic, or even as a lesson plan to be followed by a substitute, Cosmos has you covered. One way you can assess the students learning (or at the very least to keep them focused on the show) is to give them a worksheet to fill out during the viewing, or as a quiz afterward. Feel free to copy and paste the worksheet below and use it as the students watch Episode 12 of Cosmos entitled The World Set Free. This particular episode is also a great way to battle any resistance to the idea of global climate change. Cosmos Episode 12 Worksheet Name:______________ Directions: Answer the questions as you watch episode 12 of Cosmos: A Spacetime Odyssey What planet is Neil deGrasse Tyson talking about when he says it used to be paradise?How hot is the surface of Venus?What are the clouds that block the Sun on Venus made of?Which country landed a probe on Venus in 1982?What is the difference in the way carbon is stored on Venus and on Earth?What living thing created the White Cliffs of Dover?What would Venus have needed in order to store carbon in the form of a mineral?What on Earth primarily controls the amount of carbon dioxide in the air?What did Charles David Keeling manage to do in 1958?How can scientists read the ââ¬Å"diaryâ⬠of the Earth written in the snow?What major event in history is the starting point of the exponential rise of carbon dioxide in the atmosphere?How much carbon dioxide do volcanoes add to the atmosphere on Earth every year?How did scientists conclude the extra carbon dioxide in the air contributing to climate change was not made from volcanoes, but instead comes from burning fossil fuels?How much ext ra carbon dioxide are humans putting into the atmosphere every year by burning fossil fuels? How much additional carbon dioxide has been spewed into the atmosphere since Carl Sagan first warned about doing so in the original ââ¬Å"Cosmosâ⬠television series in 1980?What do Neil deGrasse Tyson and his dog walking on the beach symbolize?How are the polar ice caps an example of a positive feedback loop?At what rate are the Arctic Ocean ice caps receding now?How is the permafrost near the North Pole melting increasing carbon dioxide levels?What are two ways we know that the Sun is not the cause of the current global warming trend?What amazing invention did Augustin Mouchot first display in France in 1878?Why was there no interest in Augustin Mouchotââ¬â¢s invention after he won the gold medal at the fair?Why did Frank Shumanââ¬â¢s dream of irrigating the desert in Egypt never come to be?How much of the windââ¬â¢s power would have to be tapped in order to run all of civilization?The manned missions to the moon were a direct result of what period in the United State sââ¬â¢ history?Who were the first group of people to stop wandering and begin civilization by using agriculture?
Monday, February 17, 2020
Trends and Tactics used for Mobile Marketing Essay
Trends and Tactics used for Mobile Marketing - Essay Example Consequently, the customers are able to search for the product based on the simple captivating message given and eventually purchase the product (DeMers, 2014).Starbucks is another company that managed to effectively tap into the benefits of mobile marketing, through using the reward strategy; a reward system as the major strategy for attracting and retaining the attention of the customers (Vong, 2012). Starbucks has established a reward system program that rewards its repeat customers and then is divulging this advertisement through the mobile marketing platform. Consequently, the strategy makes it easier for the target customers to be reached personally, considering the fact that most of the consumers who own a mobile phone normally have the phone with them practically all the time (Richardson, 2010). This makes it possible for the attractive reward program by Starbucks to gain more attention both through mobile accessibility and the consequent word of mouth. The Starbucks strategy is becoming very effective because; when a reward system is communicated to a target consumer through their phone, it becomes more personalized and owned by the consumer as opposed to an advertisement that could be made through TV or print media.Thus, both Starbucks and Apple Inc. have been able to tap into the mobile marketing platform effectively through applying the simplicity and the reward system strategies respectively; and thus are consequently reaping the benefit of their unique mobile marketing strategies.
Monday, February 3, 2020
Gerontology Essay Example | Topics and Well Written Essays - 1750 words - 1
Gerontology - Essay Example The authors include, Dan Buettner, Sally Beare and Howard S. Friedman. They have applied both different and similar ideologies in their work. Based on health, the authors have different views on the fitness of the individuals in the blue zones. However, they have a common understanding where they believe that health depends on individual body fitness and genetic structures. Sally has done her research on the in habitats on the island by the name Okinawa, located in Eastern China (Beare 2006). She compares and contrasts the health her research samples with those from the Western countries. The island holds a record of the longest living persons in earth. She starts by comparing their physical attributes with those of the Western in habitats. Her results show that signs of healthy lifestyles before she gets into deeper research about the diseases found in the island (Beare 2006). Unlike the West where stroke, heart attacks and cancer related deaths are common, her area of study has less than 20% cases. Most diseases are so rare among the populations raising questions on the causes of the increased health cases. Scientists involved in the research have come up with results that show the strong immune systems found in the old generations. Sally related their strength to those of the young generations where that are able to fight most deadly diseases. Dan, on the other hand, has carried out most of his researches in Central and South America in some of the indigenous communities. However, his focus is on other attributes that contribute to long living other than health (Buettner 2007). For example, his study on Costa Rica reveals the physical lifestyles where his focal point is social ways of life such as how they cook their food and diet compositions (Buettner 2007). With his knowledge from other blue zones, she has come up with different myths that are common in people from other countries such as the U.S. The cultures use
Sunday, January 26, 2020
Analysis of the Precautionary Principle
Analysis of the Precautionary Principle Introduction The planet earth is presently being dominated by the human species. It is the wish and whim of the human beings that decides the fate of other life forms on the planet. The existence of life on earth, as we all know, presupposes balanced ecosystem and congenial environment. Though the human beings have established their superiority over other living creature they themselves are biologically very sensitive to the environmental changes and any minor deviation in the ecosystem is bound to affect them adversely. Human beings, having the basic animal instinct to protect themselves from the potential threats, have realised that their life is full of difficulties and risks. The urge to deal with the life threatening risks that they face has formed the basic condition of their survival. Owing to this the human race is constantly making sincere endeavour to make life more comfortable by minimising all possible threats to life. The advances in the field of science and technology have blessed us with many gadgets and devices that not only ease some hardship of life but are capable of avoiding or diminishing some most threatening risks of nature. There cannot be two views regarding beneficial effects of technological and scientific developments ââ¬â the life expectancy has gone up significantly in recent years and the quality and comfort of life is scaling new height day-by-day, many deceases and hardships of human life now belong to history. Today the ability of human beings, to transform the natural characteristics of the earth, has reached a level that is not only alarming but dangerous too. We must consider the fact that man has acquired this enormous power to alter the ecological balance on this planet only within a century, thus giving rise to genuine doubt how long the nature will be able to tolerate the excessive interference resulting out of human activities? The population of human beings has increased at an unprecedented pace in recent past causing undue pressures on the limited natural resources. Some of these resources are depleting at an alarming rate and is reason for worry as they have been created by the natural process over millions of years. One example could be depletion of the natural non-renewable energy resources like coal, petroleum etc. One must bear in mind that mother earth treats all its children alike and therefore, it will not be justified to deprive the present and future generations of the natureââ¬â¢s bounties. ââ¬Å" 1 â⬠All living species have an inborn instinct to insure their progeny and to make provision for the welfare of their descendants. It is expected, therefore, that Homo sapiens will take the leading role in saving the earth for their future generations. Earlier, environmental policies at the national as well as international level were based on the concept that nature has capacity to absorb the ill effects of pollution and environmental degradation to a certain extent but, once the shock bearing threshold is breached, the pollution and environmental degradation may cause damage to the environment calling for remedial efforts. This is known as the concept of ââ¬Ëassimilative capacityââ¬â¢ of nature. This concept is based upon the notion that nature has self curative mechanism and needs no intervention unless the pollution and imbalance caused by human activities breaches the permissible level. If we adhere to this concept, the role of environmental protection agencies will begin only when this upper limit of damage bearing capacity of the environment is breached. In the quest for developing, faster then fastest, many nations have ignored this threshold limit of the environment while harnessing their natural resources, building industries, big dams and townships without making provisions for adequate compensation for the erosion and damage caused to the environment. In such a scenario, one cannot depend solely upon the earthââ¬â¢s self purifying and self curative capacities. Especially when, the earth is loaded with nuclear and toxic waste; forest cover is depleting faster than ever; global warming has started showing ill effects; the virgin peaks of Mount Everest and the uninhabited lands of North and South poles have become littered by man; water pollution in rivers and seas is destroying the life of aquatic creature; acid rain and smog has become more rampant, an effective proactive strategy coupled with effective measures to check further degradation of the environment is the cry of the day. Such strategy and measures assume greater importance in those cases where the adverse impact of any activity upon the environment cannot be ascertained and predicted with certainty. Should precaution be taken anticipating harmful impact on environment and thereby halt the developmental activities or leave it to the nature to repair the damage using its limited assimilative capacity is the question to be answered. The precautionary principle guides us in such tricky situations. Since 1970s, the precautionary principle has become the underlined rationale for a number of international environmental treaties and declarations. It is evident that international community has shifted from the ââ¬Ëprinciple of assimilative capacityââ¬â¢ to the ââ¬Ëprecautionary principleââ¬â¢ ratifying the old saying that precaution is better than cure. Origin of the Principle It is difficult to identify with certainty the origin of the principle. ââ¬Å"The precautionary concept found its way into international law and policy as a result of German proposals made to the International North Sea Ministerial Conferencesâ⬠. In Germany the precautionary principle had its beginnings in the principle of Vorsorge, or foresight. At the centre of early notions of this principle was the understanding that society should endeavour to avoid environmental damage by careful planning in advance, blocking the harmful activities having the potential to adversely affect the environment. Eventually ââ¬Å"the Vorsorgeprinzip (precautionary principle) developed in the early 1970s into a fundamental principle of German environmental law and has been invoked to justify the implementation of vigorous policies to tackle acid rain, global warming, and North Sea pollution. It has also led to the development of a strong environmental industry in that countryâ⬠. The concept was first enunciated by the German Federal Government in 1976 using the following words:- Environmental policy is not fully accomplished by warding off imminent hazards and the elimination of damage, which has occurred. Precautionary environmental policy requires further more that natural resources are protected and demands on them made with care. Subsequently the precautionary principle was invoked in the year 1984 at the First International Conference on Protection of the North Sea. Following this conference, the principle has been integrated into numerous international conventions and agreements. The North Sea Treaties (Bremen, 1984; London, 1987; Hague 1990; Esbjerg, 1995) are some of the early examples of international treaties where the precautionary principle has had a very prominent position. III. Meaning and Nature The precautionary principle aims to provide guidance in the development and framing of policies where there is scientific uncertainty. It continues to generate disagreement as to its meaning, ambit and objectives, as reflected in the views of scholars and international judicial practice. ââ¬Å"On the one hand, some consider that it provides the basis for early international legal action to address highly threatening environmental issues. On the other hand, its opponents have decried the potential which the principle has for over regulation and limiting human activity. The core of the principle is still evolvingâ⬠. The scope of the precautionary principle goes beyond the problems associated with a short or medium term approach to environmental risks. It encompasses the concern of longer run as well and ensures well-being of future generations. A decision to take measures without waiting until all the necessary scientific knowledge is available is a precautionary approach. In its most elementary form, the precautionary principle is a strategy to cope with scientific uncertainties in the assessment and management of risks. It is about the wisdom of action under uncertainty. ââ¬Å"The precautionary principle is often seen as an integral principle of sustainable development that is development that meets the needs of the present without compromising the abilities of future generations to meet their needs. By safeguarding against natural resource base that might jeopardize the capacity of future generations to provide for their own needs, it builds on ethical notions of intra-and inter-generational equityâ⬠. The formulation of the precautionary principle in precisely and clearly expressed form, at the international level, can be found in the London Declaration of the Second International North Sea Conference. The Declaration states- .. In order to protect the North Sea from possibly damaging effects of the most dangerous substance, a precautionary approach is necessary which may require action to control inputs of such substances even before a casual link has been established by absolute clear scientific evidence. The Rio Declaration, 1992 ensured the global attention towards the precautionary principle by stating ââ¬â In order to protect the environment, the precautionary approach shall be widely applied by states according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to protect environmental degradation. The convention on Biological Diversity, 1992 and the Convention on Climate Change, 1992 of the Rio-Conference echo the same spirit of precaution ââ¬â ââ¬Å"lack of full scientific certainty should not be used as a reason for postponing cost-effective measuresâ⬠. Hence, lack of scientific certainty is no reason to postpone action to avoid potentially serious or irreversible harm to the environment. At the basis of the precautionary principle is the element of anticipation, reflecting a requirement of effective environmental measures based upon actions which forms a long-term strategy. The wingspread statement on the precautionary principle has summarised four components of the principle that should guide its implementation ââ¬â Action to prevent harm despite uncertainty. Shifting the burden of proof of proponents of a potentially harmful activity. Examination of a full range of alternatives to potentially harmful activities, including no action. Democratic decision making to ensure, inclusion of those affected. The communication from the European Communities (EU) on the precautionary principle demands the applicability of the principle and explains its scope in the following words:- Although the precautionary principle is not explicitly mentioned in the Treaty except in the environmental field, its scope, is far wider and covers those specific circumstances where scientific evidence is insufficient, inconclusive, or uncertain and there are indications through preliminary objective scientific evaluation that there are reasonable grounds for concern that the potentially dangerous effects on the environment, human, animal or plant health may be inconsistent with the chosen level of protection. It is clear from the aforesaid formulations of the principle that there is no uniform acceptable principle of precaution. London Declaration, 1987 uses qualifying language such as ââ¬Ëmay require actionââ¬â¢ and ââ¬Ëbeforeâ⬠¦ absolutely clearâ⬠¦. Evidenceââ¬â¢. Rio Declaration, 1992 also includes qualifying language such as ââ¬Ëaccording to their capabilitiesââ¬â¢ and ââ¬Ëâ⬠¦postponing cost-effective measuresââ¬â¢. EU communication 2000 requires intervention to maintain the high level of protection chosen by the EU. ââ¬Å"The triple negative notion is the definition in the Rio Declaration; the absence of rigorous proof of danger does not justify inaction is rather weak: it forces the consideration of precautionary intervention but does not require such intervention. The definition in the EU communication on the other hand does require intervention to maintain the high level of protection chosen by the EUâ⬠. Despite of the fact that various formulations of the precautionary principle have used different words one can easily draw several common points as key elements of the principle. The common understanding of contents of the principle may be summarised as under:- Precautionary principle is applicable in cases where scientific uncertainties exist about the harm that is likely to be suffered in future. Some form of scientific analysis of the potential threat is mandatory as mere speculation is not enough to trigger the principle. Unqualified possibility is sufficient enough to consider the application of the principle. Application of the principle is limited to those hazards that are unacceptable. The principle requires interventions before possible harm occurs. Interventions should be proportional to the chosen level of protection and the magnitude of possible harm. V. Precautionary Principle and International Law There can not be slightest of doubts regarding recognition and existence of the precautionary principle in the fields of contemporary national and international laws. Its outlines, however, are far from clear from a legal point of view. Essentially, the precautionary principle is an appeal to prudence addressed to policy makers. The principle does not offer a predetermined solution to every new problem raised by scientific uncertainty. On the contrary, the precautionary principle is a guiding principle that provides helpful criteria for determining the most reasonable course of action in confronting situations of potential environmental risk. Whether precautionary principle is a legally binding principle in customary international law and national law rather than a guiding principle only is a difficult question to answer. It is generally understood that declarations of principles are not traditional sources of international law and therefore, not binding for the member states of the organisation that adopted them. Such international texts do not have the same legal force as international treaties and conventions. Strictly speaking, declarations of principles are nothing more than ââ¬Ërecommendationsââ¬â¢, without binding force. Despite of this fact one cannot undermine the legal relevance of such declarations. Even though they are not considered as sources of international law, they are legitimately capable of generating norms. Declaration of principles, though not binding, can influence the elaboration, interpretation and application of international laws of member states of the international organisations that conceived or endorsed the declarations. One cannot underestimate the influence that general principles exert on legal formulation, be it in the international context or in the internal legislation and jurisprudence of countries. In spite of not being obligatory and binding, principles of law constitute important tools for the crystallization of new concepts and values. Article 38 of the Statute of the International Court of Justice provides that the International Court of Justice, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply amongst other the ââ¬Ëgeneral principles of law recognised by civilised nationsââ¬â¢. Thus, the general principles of law are also sources of international law. Therefore, it seems incontestable that among the principles emanating from international declarations, the Precautionary Principle is legally relevant and cannot be disregarded, either by the countries in the international order, or by legislators, policy makers and courts in the domestic sphere. From the moment when the Precautionary Principle is recognised as an element of international law, it also becomes part of the general principles of environmental law, with undisputed legitimacy in guiding the interpretation and application of all legal norms in force. ââ¬Å"The Precautionary Principle is frequently introduced in framework conventions. Although this strategy is widely used in international environmental law, it is merely a first step in elaborating more precise rules at the international level fleshing out that principle. Furthermore, in a number of international agreements, the Precautionary Principleâ⬠worded in such a way that it is deprived of immediate and autonomous applicability. Use of terms such as ââ¬Ëform a basis forââ¬â¢, ââ¬Ëin spiteââ¬â¢, ââ¬Ëendeavourââ¬â¢, etc. imply that the principle is merely intended to prepare states to implement their international obligations. Only the repeated use of state practice and consistent opinio juris are likely to transform precaution into a customary normâ⬠. The Principle of precaution has found only limited judicial support so far in international law, this despite many commentators arguing that it has reached the status of a principles of customary international law. In the case of New Zealand v. France, the right of France to carryout nuclear tests in the South Pacific was challenged. The opinion of Weeramantry, J. in this case suggests that the Precautionary Principle is ââ¬Ëgaining increasing support as part of the international law of the environmentââ¬â¢. The principle should be used where there is insufficient material before the court to justify action, even if this means acting ahead of ââ¬Ëfull scientific evidenceââ¬â¢. This opinion, however, was a dissent, and it is worth comparing a more, recent example where the Precautionary Principle has featured in international trade disputes. The US and Canada brought a dispute settlement case before the World Trade Organisation (WTO) against the EC, which in 1989 had banned the import of beef fed with growth hormones on the grounds that it was not safe for human health to eat such meat. The EC argued that its import ban was justified in the light of the Precautionary Principle, which is presented as a binding rule of international law. The USA and Canada denied that the principle already had such a status. The WTO found that the EC import ban violated WTO law, although the EC has continued to impose its ban and has been forced by the WTO to compensate Canada and the US for lost trade. VI. Status in India In India there are lots of environmental regulations, but most environmental regulations, like the Water (Protection and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 are aimed at cleaning up pollution and controlling the amounts of it release into the environment. They regulate the harmful substances as they are emitted rather than limiting their use or production in the first place. These laws are based on the assumption that humans and ecosystems can absorb a certain amount of contamination without being harmed. But the past experience shows that it is very difficult to know what levels of contamination, if any, are safe and therefore, it is better to err on the side of caution while dealing with the environment. The Indian Supreme Court has accepted in Vellore case that the Precautionary Principle is part of the environmental law of the country. The Court explained the ââ¬ËPrecautionary Principleâ⬠in the context of the municipal law as under:- Environmental measures ââ¬â by the State Government and statutory authorities ââ¬â must anticipate, prevent and attach the causes of environmental degradation. Where there are threats of serious and irreversible damage, lack of scientific certainty should not be used as a reason for postponing measures to prevent environment degradation. The ââ¬Ëonus of proofââ¬â¢ is on the actor or the developer/industrialist to show that his action is environmentally benign. In Taj case the Supreme Court was dealing with the problem of protecting the ââ¬ËTaj Mahalââ¬â¢ from the pollution of nearby industries. The Court applied the ââ¬ËPrecautionary Principleââ¬â¢ as explained by it in Vellore Case and observed- [T]he environmental measures must anticipate, prevent and attack the causes of environmental degradation. The ââ¬Ëonus of proofââ¬â¢ is on an industry to show that its operation with the aid of coke/coal is environmentally benign. It is rather, proved beyond doubt that the emissions generated by the use of coke/coal by the industries in TTZ are the main polluters of the ambient air. The Court ordered the industries to change-over to the natural gas as an industrial-fuel or stop functioning with the aid of coke/coal in the Taj trapezium and relocate themselves as per the direction of the Court. The ââ¬ËPrecautionary Principleââ¬â¢ has been invoked by the Supreme Court in various cases while deciding environmental issues. In Calcutta tanneries Case the Court ordered the polluting tanneries operating in the city of Calcutta (about 550 in number) to relocate themselves from their present location and shift to the new leather complex set up by the West Bengal Government. In Badkhal Surajkund Lakes Cases the Supreme Court held that the ââ¬ËPrecautionary Principleââ¬â¢ made it mandatory for the State Government to anticipate, prevent and attack the causes of environment degradation. The Court had no hesitation in holding that in order to protect the two lakes from environmental degradation it was necessary to limit the construction activity in the close v icinity of the lakes. Even though the Vellore judgment was followed in the subsequent decision of the Supreme Court, the Court felt the need to explain the meaning of the Precautionary Principle in more detail and lucid manner so that Courts and tribunals or environmental authorities can properly apply the said principle in the matters which might come before them. In A.P. Pollution Control Board v. Prof. M.V. Nayudu, tracing the evolution of precautionary principle the Court observed ââ¬â Earlier, the concept was based on the ââ¬Ëassimilative capacityââ¬â¢ rule as revealed from Principle 6 of the Stockholm Declaration of the U.N. Conference on Human Environment, 1972. The said principle assumed that science could provide policy-makers with the information and means necessary to avoid encroaching upon the capacity of the environmental harm was presumed that relevant technical expertise would be available when environmental harm was predicted and there would be sufficient time to act in order to avoid such harm. But in the 11th Principle of the U.N. General Assembly Resolution on World Charter for Nature, 1982, the emphasis shifted to the ââ¬ËPrecautionary Principleââ¬â¢, and this was reiterated in the Rio Conference of 1992 in its Principle 15. Explaining the cause for the emergence of ââ¬ËPrecautionary Principleââ¬â¢ the Court referred Charmian Barton, who argued ââ¬Å" it makes sense to err on the side of caution and prevent activities that may cause serious or irreversible harmâ⬠. The Court opined that the inadequacies of science was the real basis that had led to the Precautionary Principle. It was based on the theory that it is better to err on the side of caution and prevent environmental harm which may indeed become irreversible. The principle of precaution involved the anticipation of environmental harm and taking measures to avoid it or to choose the least environmentally harmful activity. The Court adopted the view that ââ¬ËEnvironmental Protection should not only aim at protecting health, property and economic interest but also protect the environment for its own sake. Precautionary duties must not only be triggered by the suspicion of concrete danger but also by justified concern or risk potentialâ⬠. The concept of burden of proof in environmental cases recognised in Vellore Case that ââ¬Ëthe onus of proofââ¬â¢ is on the actor or the developer/industrialist to show that his action is environmentally benignâ⬠, was further elaborated by the Supreme Court in the Nayudu case, M. Jagannadha Rao, J. noticed, while the inadequacies of science had led to the ââ¬ËPrecautionary Principleââ¬â¢, the said principle in its turn led to the special principle of burden of proof in environmental cases where burden as to the absence of injurious effect of the actions proposed, was placed on those who wanted to change the status quo. This is often termed as a reversal of burden of proof, because otherwise, those opposing the change would be compelled to shoulder the evidentiary burden, a procedure which is not fair. Therefore, the Court observed, ââ¬Å"it is necessary that the party who wants to alter it, must bear this burdenâ⬠. The Supreme Court favours the view that if the environmental risks being run by regulatory inaction are in some way ââ¬Ëuncertain but non-negligibleââ¬â¢, then regulatory action is justified. According to the Court- In such a situation, the burden of proof is to be placed on those attempting to alter the status quo. They are to discharge this burden by showing the absence of a ââ¬Ëreasonable ecological or medical concernââ¬â¢. That is the required standard of proof. The result would be that if insufficient evidence is presented by them to alleviate concern about the level of uncertainty, then the presumption should operate in favour of environmental protection. In Narmadda Bachao Andolan v. Union of India, the Supreme Court decided the issues relating to construction of dam on Narmada river which was a part of the Sardar Sarovar Project. Explaining the new concept of burden of proof the Court held that the ââ¬ËPrecautionary Principleââ¬â¢ and the corresponding burden of proof on the person who wants to change the status quo will ordinarily apply in a case of polluting or other project or industry where the extent of damage likely to be inflicted is unknown. Where the effect on ecology of environment of setting up of an industry is known, the Court held- What has to be seen is that if the environment is likely to suffer, then what mitigative steps can be taken to off set the same. Merely because there will be a change is no reason to presume that there will be ecological disaster. It is when the effect of the project is known then the principle of sustainable development would come into play which will ensure that mitigative steps are and can be taken to preserve the ecological balance. The Court concluded, what was the impact on environment with the construction of a dam was well known in India, the dam was neither a nuclear establishment nor a polluting industry, therefore, the decision in A.P. Pollution Control Boardââ¬â¢s Case would have no application in this case. Despite of the fact that the Court refused to apply ââ¬ËPrecautionary Principleââ¬â¢ in this case as the impact on environment was known as could have been mitigated, in subsequent decisions of the Supreme Court one may find strict adherence to the Precautionary Principle and the new concept of onus of proof. To give effect to the Precautionary Principle, Government of India, published a Notification, which states that ââ¬Å"the expansion or modernization of any existing industry or new projects listed in schedule I or Schedule II shall not be undertaken in any part of India, unless it has been accorded environmental clearance by the Central Government, or as the case may be, the State Government concerned in accordance with the procedure hereinafter specified in this notificationâ⬠. The notification tries to achieve the objective that certain development projects should be carried on within the carrying capacity of the ecosystems, which will otherwise come under stress, so as to ensure that developmental activity takes place in harmony with the environment. This is possible only by careful assessment of a project proposed to be located in any area, on the basis of an Environmental Impact Assessment (EIA) of each project and the necessary Environment Management plan for the prevention, elimination or mitigation of the adverse impact on the environment, right from the very inception of the project. VII. Conclusion The Precautionary Principle, being a principle does not set forth absolute obligations. It simply establishes a policy for implementation by other regulatory means. Its relevance, however, would be in the development of a cluster of norms relating to procedural rules. These would include norms such as those requiring prior environmental impact assessment, the duty to warn or notify others, the duty to mitigate and assist in emergencies, as well as access to information. The emergence of the Precautionary Principle has permanently changed the face of international environmental law and policy. The challenge of implementing the Precautionary Principle while retaining the strength of its original vision is still posing difficult questions before the policy makers. Nevertheless it is well established that Precautionary Principle is an important principle of international environmental law and is gaining strength day by day. Besides being part of several international treaties and declarations the principle has been given place in the body of the national law of many countries. India has recognised and adopted the Precautionary Principle being party to many international declarations and conventions. The EIA notification of the Government of India, Ministry of Environment and Forests established the principle as part and parcel of the legal framework in India. Many pronouncements of the Supreme Court of India, to begin with the Vellore case, have strengthened and incorporated the international environmental law principle into the municipal law. The Apex Court in India has accepted the principle as part of the concept of sustainable development and has applied the principle several times in order to save environment and to give force to ratio of the judgment. We may therefore, draw inference that the Precautionary Principle has got a status of well recognised legal principle in India. Analysis of the Precautionary Principle Analysis of the Precautionary Principle Introduction The planet earth is presently being dominated by the human species. It is the wish and whim of the human beings that decides the fate of other life forms on the planet. The existence of life on earth, as we all know, presupposes balanced ecosystem and congenial environment. Though the human beings have established their superiority over other living creature they themselves are biologically very sensitive to the environmental changes and any minor deviation in the ecosystem is bound to affect them adversely. Human beings, having the basic animal instinct to protect themselves from the potential threats, have realised that their life is full of difficulties and risks. The urge to deal with the life threatening risks that they face has formed the basic condition of their survival. Owing to this the human race is constantly making sincere endeavour to make life more comfortable by minimising all possible threats to life. The advances in the field of science and technology have blessed us with many gadgets and devices that not only ease some hardship of life but are capable of avoiding or diminishing some most threatening risks of nature. There cannot be two views regarding beneficial effects of technological and scientific developments ââ¬â the life expectancy has gone up significantly in recent years and the quality and comfort of life is scaling new height day-by-day, many deceases and hardships of human life now belong to history. Today the ability of human beings, to transform the natural characteristics of the earth, has reached a level that is not only alarming but dangerous too. We must consider the fact that man has acquired this enormous power to alter the ecological balance on this planet only within a century, thus giving rise to genuine doubt how long the nature will be able to tolerate the excessive interference resulting out of human activities? The population of human beings has increased at an unprecedented pace in recent past causing undue pressures on the limited natural resources. Some of these resources are depleting at an alarming rate and is reason for worry as they have been created by the natural process over millions of years. One example could be depletion of the natural non-renewable energy resources like coal, petroleum etc. One must bear in mind that mother earth treats all its children alike and therefore, it will not be justified to deprive the present and future generations of the natureââ¬â¢s bounties. ââ¬Å" 1 â⬠All living species have an inborn instinct to insure their progeny and to make provision for the welfare of their descendants. It is expected, therefore, that Homo sapiens will take the leading role in saving the earth for their future generations. Earlier, environmental policies at the national as well as international level were based on the concept that nature has capacity to absorb the ill effects of pollution and environmental degradation to a certain extent but, once the shock bearing threshold is breached, the pollution and environmental degradation may cause damage to the environment calling for remedial efforts. This is known as the concept of ââ¬Ëassimilative capacityââ¬â¢ of nature. This concept is based upon the notion that nature has self curative mechanism and needs no intervention unless the pollution and imbalance caused by human activities breaches the permissible level. If we adhere to this concept, the role of environmental protection agencies will begin only when this upper limit of damage bearing capacity of the environment is breached. In the quest for developing, faster then fastest, many nations have ignored this threshold limit of the environment while harnessing their natural resources, building industries, big dams and townships without making provisions for adequate compensation for the erosion and damage caused to the environment. In such a scenario, one cannot depend solely upon the earthââ¬â¢s self purifying and self curative capacities. Especially when, the earth is loaded with nuclear and toxic waste; forest cover is depleting faster than ever; global warming has started showing ill effects; the virgin peaks of Mount Everest and the uninhabited lands of North and South poles have become littered by man; water pollution in rivers and seas is destroying the life of aquatic creature; acid rain and smog has become more rampant, an effective proactive strategy coupled with effective measures to check further degradation of the environment is the cry of the day. Such strategy and measures assume greater importance in those cases where the adverse impact of any activity upon the environment cannot be ascertained and predicted with certainty. Should precaution be taken anticipating harmful impact on environment and thereby halt the developmental activities or leave it to the nature to repair the damage using its limited assimilative capacity is the question to be answered. The precautionary principle guides us in such tricky situations. Since 1970s, the precautionary principle has become the underlined rationale for a number of international environmental treaties and declarations. It is evident that international community has shifted from the ââ¬Ëprinciple of assimilative capacityââ¬â¢ to the ââ¬Ëprecautionary principleââ¬â¢ ratifying the old saying that precaution is better than cure. Origin of the Principle It is difficult to identify with certainty the origin of the principle. ââ¬Å"The precautionary concept found its way into international law and policy as a result of German proposals made to the International North Sea Ministerial Conferencesâ⬠. In Germany the precautionary principle had its beginnings in the principle of Vorsorge, or foresight. At the centre of early notions of this principle was the understanding that society should endeavour to avoid environmental damage by careful planning in advance, blocking the harmful activities having the potential to adversely affect the environment. Eventually ââ¬Å"the Vorsorgeprinzip (precautionary principle) developed in the early 1970s into a fundamental principle of German environmental law and has been invoked to justify the implementation of vigorous policies to tackle acid rain, global warming, and North Sea pollution. It has also led to the development of a strong environmental industry in that countryâ⬠. The concept was first enunciated by the German Federal Government in 1976 using the following words:- Environmental policy is not fully accomplished by warding off imminent hazards and the elimination of damage, which has occurred. Precautionary environmental policy requires further more that natural resources are protected and demands on them made with care. Subsequently the precautionary principle was invoked in the year 1984 at the First International Conference on Protection of the North Sea. Following this conference, the principle has been integrated into numerous international conventions and agreements. The North Sea Treaties (Bremen, 1984; London, 1987; Hague 1990; Esbjerg, 1995) are some of the early examples of international treaties where the precautionary principle has had a very prominent position. III. Meaning and Nature The precautionary principle aims to provide guidance in the development and framing of policies where there is scientific uncertainty. It continues to generate disagreement as to its meaning, ambit and objectives, as reflected in the views of scholars and international judicial practice. ââ¬Å"On the one hand, some consider that it provides the basis for early international legal action to address highly threatening environmental issues. On the other hand, its opponents have decried the potential which the principle has for over regulation and limiting human activity. The core of the principle is still evolvingâ⬠. The scope of the precautionary principle goes beyond the problems associated with a short or medium term approach to environmental risks. It encompasses the concern of longer run as well and ensures well-being of future generations. A decision to take measures without waiting until all the necessary scientific knowledge is available is a precautionary approach. In its most elementary form, the precautionary principle is a strategy to cope with scientific uncertainties in the assessment and management of risks. It is about the wisdom of action under uncertainty. ââ¬Å"The precautionary principle is often seen as an integral principle of sustainable development that is development that meets the needs of the present without compromising the abilities of future generations to meet their needs. By safeguarding against natural resource base that might jeopardize the capacity of future generations to provide for their own needs, it builds on ethical notions of intra-and inter-generational equityâ⬠. The formulation of the precautionary principle in precisely and clearly expressed form, at the international level, can be found in the London Declaration of the Second International North Sea Conference. The Declaration states- .. In order to protect the North Sea from possibly damaging effects of the most dangerous substance, a precautionary approach is necessary which may require action to control inputs of such substances even before a casual link has been established by absolute clear scientific evidence. The Rio Declaration, 1992 ensured the global attention towards the precautionary principle by stating ââ¬â In order to protect the environment, the precautionary approach shall be widely applied by states according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to protect environmental degradation. The convention on Biological Diversity, 1992 and the Convention on Climate Change, 1992 of the Rio-Conference echo the same spirit of precaution ââ¬â ââ¬Å"lack of full scientific certainty should not be used as a reason for postponing cost-effective measuresâ⬠. Hence, lack of scientific certainty is no reason to postpone action to avoid potentially serious or irreversible harm to the environment. At the basis of the precautionary principle is the element of anticipation, reflecting a requirement of effective environmental measures based upon actions which forms a long-term strategy. The wingspread statement on the precautionary principle has summarised four components of the principle that should guide its implementation ââ¬â Action to prevent harm despite uncertainty. Shifting the burden of proof of proponents of a potentially harmful activity. Examination of a full range of alternatives to potentially harmful activities, including no action. Democratic decision making to ensure, inclusion of those affected. The communication from the European Communities (EU) on the precautionary principle demands the applicability of the principle and explains its scope in the following words:- Although the precautionary principle is not explicitly mentioned in the Treaty except in the environmental field, its scope, is far wider and covers those specific circumstances where scientific evidence is insufficient, inconclusive, or uncertain and there are indications through preliminary objective scientific evaluation that there are reasonable grounds for concern that the potentially dangerous effects on the environment, human, animal or plant health may be inconsistent with the chosen level of protection. It is clear from the aforesaid formulations of the principle that there is no uniform acceptable principle of precaution. London Declaration, 1987 uses qualifying language such as ââ¬Ëmay require actionââ¬â¢ and ââ¬Ëbeforeâ⬠¦ absolutely clearâ⬠¦. Evidenceââ¬â¢. Rio Declaration, 1992 also includes qualifying language such as ââ¬Ëaccording to their capabilitiesââ¬â¢ and ââ¬Ëâ⬠¦postponing cost-effective measuresââ¬â¢. EU communication 2000 requires intervention to maintain the high level of protection chosen by the EU. ââ¬Å"The triple negative notion is the definition in the Rio Declaration; the absence of rigorous proof of danger does not justify inaction is rather weak: it forces the consideration of precautionary intervention but does not require such intervention. The definition in the EU communication on the other hand does require intervention to maintain the high level of protection chosen by the EUâ⬠. Despite of the fact that various formulations of the precautionary principle have used different words one can easily draw several common points as key elements of the principle. The common understanding of contents of the principle may be summarised as under:- Precautionary principle is applicable in cases where scientific uncertainties exist about the harm that is likely to be suffered in future. Some form of scientific analysis of the potential threat is mandatory as mere speculation is not enough to trigger the principle. Unqualified possibility is sufficient enough to consider the application of the principle. Application of the principle is limited to those hazards that are unacceptable. The principle requires interventions before possible harm occurs. Interventions should be proportional to the chosen level of protection and the magnitude of possible harm. V. Precautionary Principle and International Law There can not be slightest of doubts regarding recognition and existence of the precautionary principle in the fields of contemporary national and international laws. Its outlines, however, are far from clear from a legal point of view. Essentially, the precautionary principle is an appeal to prudence addressed to policy makers. The principle does not offer a predetermined solution to every new problem raised by scientific uncertainty. On the contrary, the precautionary principle is a guiding principle that provides helpful criteria for determining the most reasonable course of action in confronting situations of potential environmental risk. Whether precautionary principle is a legally binding principle in customary international law and national law rather than a guiding principle only is a difficult question to answer. It is generally understood that declarations of principles are not traditional sources of international law and therefore, not binding for the member states of the organisation that adopted them. Such international texts do not have the same legal force as international treaties and conventions. Strictly speaking, declarations of principles are nothing more than ââ¬Ërecommendationsââ¬â¢, without binding force. Despite of this fact one cannot undermine the legal relevance of such declarations. Even though they are not considered as sources of international law, they are legitimately capable of generating norms. Declaration of principles, though not binding, can influence the elaboration, interpretation and application of international laws of member states of the international organisations that conceived or endorsed the declarations. One cannot underestimate the influence that general principles exert on legal formulation, be it in the international context or in the internal legislation and jurisprudence of countries. In spite of not being obligatory and binding, principles of law constitute important tools for the crystallization of new concepts and values. Article 38 of the Statute of the International Court of Justice provides that the International Court of Justice, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply amongst other the ââ¬Ëgeneral principles of law recognised by civilised nationsââ¬â¢. Thus, the general principles of law are also sources of international law. Therefore, it seems incontestable that among the principles emanating from international declarations, the Precautionary Principle is legally relevant and cannot be disregarded, either by the countries in the international order, or by legislators, policy makers and courts in the domestic sphere. From the moment when the Precautionary Principle is recognised as an element of international law, it also becomes part of the general principles of environmental law, with undisputed legitimacy in guiding the interpretation and application of all legal norms in force. ââ¬Å"The Precautionary Principle is frequently introduced in framework conventions. Although this strategy is widely used in international environmental law, it is merely a first step in elaborating more precise rules at the international level fleshing out that principle. Furthermore, in a number of international agreements, the Precautionary Principleâ⬠worded in such a way that it is deprived of immediate and autonomous applicability. Use of terms such as ââ¬Ëform a basis forââ¬â¢, ââ¬Ëin spiteââ¬â¢, ââ¬Ëendeavourââ¬â¢, etc. imply that the principle is merely intended to prepare states to implement their international obligations. Only the repeated use of state practice and consistent opinio juris are likely to transform precaution into a customary normâ⬠. The Principle of precaution has found only limited judicial support so far in international law, this despite many commentators arguing that it has reached the status of a principles of customary international law. In the case of New Zealand v. France, the right of France to carryout nuclear tests in the South Pacific was challenged. The opinion of Weeramantry, J. in this case suggests that the Precautionary Principle is ââ¬Ëgaining increasing support as part of the international law of the environmentââ¬â¢. The principle should be used where there is insufficient material before the court to justify action, even if this means acting ahead of ââ¬Ëfull scientific evidenceââ¬â¢. This opinion, however, was a dissent, and it is worth comparing a more, recent example where the Precautionary Principle has featured in international trade disputes. The US and Canada brought a dispute settlement case before the World Trade Organisation (WTO) against the EC, which in 1989 had banned the import of beef fed with growth hormones on the grounds that it was not safe for human health to eat such meat. The EC argued that its import ban was justified in the light of the Precautionary Principle, which is presented as a binding rule of international law. The USA and Canada denied that the principle already had such a status. The WTO found that the EC import ban violated WTO law, although the EC has continued to impose its ban and has been forced by the WTO to compensate Canada and the US for lost trade. VI. Status in India In India there are lots of environmental regulations, but most environmental regulations, like the Water (Protection and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 are aimed at cleaning up pollution and controlling the amounts of it release into the environment. They regulate the harmful substances as they are emitted rather than limiting their use or production in the first place. These laws are based on the assumption that humans and ecosystems can absorb a certain amount of contamination without being harmed. But the past experience shows that it is very difficult to know what levels of contamination, if any, are safe and therefore, it is better to err on the side of caution while dealing with the environment. The Indian Supreme Court has accepted in Vellore case that the Precautionary Principle is part of the environmental law of the country. The Court explained the ââ¬ËPrecautionary Principleâ⬠in the context of the municipal law as under:- Environmental measures ââ¬â by the State Government and statutory authorities ââ¬â must anticipate, prevent and attach the causes of environmental degradation. Where there are threats of serious and irreversible damage, lack of scientific certainty should not be used as a reason for postponing measures to prevent environment degradation. The ââ¬Ëonus of proofââ¬â¢ is on the actor or the developer/industrialist to show that his action is environmentally benign. In Taj case the Supreme Court was dealing with the problem of protecting the ââ¬ËTaj Mahalââ¬â¢ from the pollution of nearby industries. The Court applied the ââ¬ËPrecautionary Principleââ¬â¢ as explained by it in Vellore Case and observed- [T]he environmental measures must anticipate, prevent and attack the causes of environmental degradation. The ââ¬Ëonus of proofââ¬â¢ is on an industry to show that its operation with the aid of coke/coal is environmentally benign. It is rather, proved beyond doubt that the emissions generated by the use of coke/coal by the industries in TTZ are the main polluters of the ambient air. The Court ordered the industries to change-over to the natural gas as an industrial-fuel or stop functioning with the aid of coke/coal in the Taj trapezium and relocate themselves as per the direction of the Court. The ââ¬ËPrecautionary Principleââ¬â¢ has been invoked by the Supreme Court in various cases while deciding environmental issues. In Calcutta tanneries Case the Court ordered the polluting tanneries operating in the city of Calcutta (about 550 in number) to relocate themselves from their present location and shift to the new leather complex set up by the West Bengal Government. In Badkhal Surajkund Lakes Cases the Supreme Court held that the ââ¬ËPrecautionary Principleââ¬â¢ made it mandatory for the State Government to anticipate, prevent and attack the causes of environment degradation. The Court had no hesitation in holding that in order to protect the two lakes from environmental degradation it was necessary to limit the construction activity in the close v icinity of the lakes. Even though the Vellore judgment was followed in the subsequent decision of the Supreme Court, the Court felt the need to explain the meaning of the Precautionary Principle in more detail and lucid manner so that Courts and tribunals or environmental authorities can properly apply the said principle in the matters which might come before them. In A.P. Pollution Control Board v. Prof. M.V. Nayudu, tracing the evolution of precautionary principle the Court observed ââ¬â Earlier, the concept was based on the ââ¬Ëassimilative capacityââ¬â¢ rule as revealed from Principle 6 of the Stockholm Declaration of the U.N. Conference on Human Environment, 1972. The said principle assumed that science could provide policy-makers with the information and means necessary to avoid encroaching upon the capacity of the environmental harm was presumed that relevant technical expertise would be available when environmental harm was predicted and there would be sufficient time to act in order to avoid such harm. But in the 11th Principle of the U.N. General Assembly Resolution on World Charter for Nature, 1982, the emphasis shifted to the ââ¬ËPrecautionary Principleââ¬â¢, and this was reiterated in the Rio Conference of 1992 in its Principle 15. Explaining the cause for the emergence of ââ¬ËPrecautionary Principleââ¬â¢ the Court referred Charmian Barton, who argued ââ¬Å" it makes sense to err on the side of caution and prevent activities that may cause serious or irreversible harmâ⬠. The Court opined that the inadequacies of science was the real basis that had led to the Precautionary Principle. It was based on the theory that it is better to err on the side of caution and prevent environmental harm which may indeed become irreversible. The principle of precaution involved the anticipation of environmental harm and taking measures to avoid it or to choose the least environmentally harmful activity. The Court adopted the view that ââ¬ËEnvironmental Protection should not only aim at protecting health, property and economic interest but also protect the environment for its own sake. Precautionary duties must not only be triggered by the suspicion of concrete danger but also by justified concern or risk potentialâ⬠. The concept of burden of proof in environmental cases recognised in Vellore Case that ââ¬Ëthe onus of proofââ¬â¢ is on the actor or the developer/industrialist to show that his action is environmentally benignâ⬠, was further elaborated by the Supreme Court in the Nayudu case, M. Jagannadha Rao, J. noticed, while the inadequacies of science had led to the ââ¬ËPrecautionary Principleââ¬â¢, the said principle in its turn led to the special principle of burden of proof in environmental cases where burden as to the absence of injurious effect of the actions proposed, was placed on those who wanted to change the status quo. This is often termed as a reversal of burden of proof, because otherwise, those opposing the change would be compelled to shoulder the evidentiary burden, a procedure which is not fair. Therefore, the Court observed, ââ¬Å"it is necessary that the party who wants to alter it, must bear this burdenâ⬠. The Supreme Court favours the view that if the environmental risks being run by regulatory inaction are in some way ââ¬Ëuncertain but non-negligibleââ¬â¢, then regulatory action is justified. According to the Court- In such a situation, the burden of proof is to be placed on those attempting to alter the status quo. They are to discharge this burden by showing the absence of a ââ¬Ëreasonable ecological or medical concernââ¬â¢. That is the required standard of proof. The result would be that if insufficient evidence is presented by them to alleviate concern about the level of uncertainty, then the presumption should operate in favour of environmental protection. In Narmadda Bachao Andolan v. Union of India, the Supreme Court decided the issues relating to construction of dam on Narmada river which was a part of the Sardar Sarovar Project. Explaining the new concept of burden of proof the Court held that the ââ¬ËPrecautionary Principleââ¬â¢ and the corresponding burden of proof on the person who wants to change the status quo will ordinarily apply in a case of polluting or other project or industry where the extent of damage likely to be inflicted is unknown. Where the effect on ecology of environment of setting up of an industry is known, the Court held- What has to be seen is that if the environment is likely to suffer, then what mitigative steps can be taken to off set the same. Merely because there will be a change is no reason to presume that there will be ecological disaster. It is when the effect of the project is known then the principle of sustainable development would come into play which will ensure that mitigative steps are and can be taken to preserve the ecological balance. The Court concluded, what was the impact on environment with the construction of a dam was well known in India, the dam was neither a nuclear establishment nor a polluting industry, therefore, the decision in A.P. Pollution Control Boardââ¬â¢s Case would have no application in this case. Despite of the fact that the Court refused to apply ââ¬ËPrecautionary Principleââ¬â¢ in this case as the impact on environment was known as could have been mitigated, in subsequent decisions of the Supreme Court one may find strict adherence to the Precautionary Principle and the new concept of onus of proof. To give effect to the Precautionary Principle, Government of India, published a Notification, which states that ââ¬Å"the expansion or modernization of any existing industry or new projects listed in schedule I or Schedule II shall not be undertaken in any part of India, unless it has been accorded environmental clearance by the Central Government, or as the case may be, the State Government concerned in accordance with the procedure hereinafter specified in this notificationâ⬠. The notification tries to achieve the objective that certain development projects should be carried on within the carrying capacity of the ecosystems, which will otherwise come under stress, so as to ensure that developmental activity takes place in harmony with the environment. This is possible only by careful assessment of a project proposed to be located in any area, on the basis of an Environmental Impact Assessment (EIA) of each project and the necessary Environment Management plan for the prevention, elimination or mitigation of the adverse impact on the environment, right from the very inception of the project. VII. Conclusion The Precautionary Principle, being a principle does not set forth absolute obligations. It simply establishes a policy for implementation by other regulatory means. Its relevance, however, would be in the development of a cluster of norms relating to procedural rules. These would include norms such as those requiring prior environmental impact assessment, the duty to warn or notify others, the duty to mitigate and assist in emergencies, as well as access to information. The emergence of the Precautionary Principle has permanently changed the face of international environmental law and policy. The challenge of implementing the Precautionary Principle while retaining the strength of its original vision is still posing difficult questions before the policy makers. Nevertheless it is well established that Precautionary Principle is an important principle of international environmental law and is gaining strength day by day. Besides being part of several international treaties and declarations the principle has been given place in the body of the national law of many countries. India has recognised and adopted the Precautionary Principle being party to many international declarations and conventions. The EIA notification of the Government of India, Ministry of Environment and Forests established the principle as part and parcel of the legal framework in India. Many pronouncements of the Supreme Court of India, to begin with the Vellore case, have strengthened and incorporated the international environmental law principle into the municipal law. The Apex Court in India has accepted the principle as part of the concept of sustainable development and has applied the principle several times in order to save environment and to give force to ratio of the judgment. We may therefore, draw inference that the Precautionary Principle has got a status of well recognised legal principle in India.
Friday, January 17, 2020
Export data into external source (m3) Essay
Explain the Impact of Organisational Policies on the Troubleshooting and Repair Process (P1) Referring to the policies related to the Collegeââ¬â¢s network. Produce an audio recording for the Network manager to explain the impact of their organisational policies on the troubleshooting and repair process. Introduction In this documents, I am going to be explaining the impact of organisational policies on the troubleshooting and repair process, I am going to be talking about the organisational policies, such as considerations e.g. security, costs, systems downtime, disruption, resource allocation, prioritisation, contractual requirements, trend analysis, escalation procedures, documentation, reporting, contractual legal issues. Organisational Policies An organisational policy is expected to do many things. Primarily it should protect people and information, as well as set the rules for expected behaviour by users, system administrators, management and security personnel. It should also authorise relevant personnel to monitor, probe, investigate, define and authorise the consequences of violations, in addition to defining the companyââ¬â¢s baseline stance on security. This can help minimise risk and help track compliance with appropriate regulations. Security This policy is mainly responsible for making sure that all the security detail such as password and user accounts are secure so you have to make sure that you are the only person that uses the account. IT systems Acceptable usage policy requires from users to log off the computer as inappropriate people could get the access to the data that they shouldnââ¬â¢t. The user also shouldnââ¬â¢t install the unauthorized software as this could lead to the issues such as making the equipment unusable by affecting it performance. The users also have to make sure that the equipment is secure during the use of it and after. The users within college are not allowed to connect they own device to the college network if they donââ¬â¢t get authorization from the IT Manager. Costs In term of costs the members of the staff has to make sure that they examine all the purchasing and introduce the environmental criteria to make sure that the equipment meets all the requirements and condition. They are also required to research on the equipment that they are purchasing to make sure that there is no alternatives with are better or cheaper. They also have to encourage the use of recycled paper to make sure that people donââ¬â¢t use it in inappropriate reasons that are not associated with the course as they are spending the college money. If the potential user with in this case is the student brake the equipment the staff have to make sure that it was reported and the person that did it will have to pay back the money for it. Systems Downtime System downtime is usually affected by many issues but they all can be prevented if the right procedures have been taken and the staffs fallow all the legislations. In this case people have to make sure that they have the right equipment for example server. They also should make regular backups so student and teachers work donââ¬â¢t get lost. The regular maintainer should be taken at the end of each week. System downtime could cause a lot of damage as if the system would be down user wouldnââ¬â¢t be able to perform they daily routine. Disruption Disruption is when something unexpected happened and person responsible for that area is not preparing for it. Organization such as College should have plan for everything so in case that something happen they have solution to repair it and prevents it from happening. For example if users lose they work organization should back them up. In order to back the files up they would have to be prepare for this to happen. Resource Allocation All the resources should be right allocated. This mean that there shouldnââ¬â¢t be too much of resources for one place for example you cannot add too much of the paper for the printer as the printer could damage the paper if there are too many resources than it should be the company could lose a lot of money as they might spend money on the unimportant resources. Resources should be well balanced so if the resources are not needed they shouldnââ¬â¢t been used. Prioritisation The company should prioritize some of the aspect when performing repair as they might be more important and they should be repaired first. For example if network is down and at the same time printer is not working. The person that perform repair should concentrate on repairing network instead of printer as without network printer would be useless. Contractual Requirements In a company, the support team staff would be required to work shifts that will provide coverage for the employees when the offices are officially opened, they will also need to provide extra time in the evening and weekends, where they will carry out the essential maintenance which may have to involve some downtime. The hours that an employee will have to work will be set out for them in what is called an employment contract. They will be limited by the EU legislation and some other regulations such as working time regulations, which will provide the basic right and protections such as: A worker can be required to work at most an average of 48 hours a week (though workers can choose to work more if they want to). For night workers there is a limit of an average of 8 hours worked in 24. Night workers are entitled to receive free health assessments. All staff are entitled to 11 hours of rest a day and to one day off each week. When the working day is longer than 6 hours, workers must have an in-work rest break. Workers are entitled to 4 weeks of paid leave per year. These protections may or may not be in place. You should check your contract to find out any special conditions of service before signing. Trend Analysis The records that are kept of incidents and how these are dealt with can provide useful data how successfully the support team are running, so an organisational policy will decide the frequency of analysis and of data and exactly what type of data has to be recorded by the IT supporting team. Trends can then be identified which will then help with the formulation of the plans to provide better and more reliable hardware and software package, it may then also be used to target a form of training for the users who will need them the most. Trend analysis can then also be used to re-allocate budgets and resources to identify the hotspots. Escalation Procedures An escalation process in different support establishments vary depending on the type of service that they have. In a technical support group, this involves setting up thresholds for certain issues to be addressed at certain levels. Typically it is a tiered setup. For example, Tier 1 can handle issues that can be easily resolved by just a phone call and when the Tier1 representative feels that the issue cannot be resolved at his level (if for example the problem cannot be resolved by their team alone and needs to be addressed by other support teams/departments with higher level of authority) it is then escalated or moved to the next higher team. This way the issues are segregated depending on their severity and type of resolution. Documentation The procedures of documentation vary from one sector, or one type, to another. In general, these may involve document drafting, formatting, submitting, reviewing, approving, distributing, reposting and tracking, etc., and are convened by associated SOPs in a regulatory industry. Since a key step in the process management journey is the documentation of current processes and any exceptions to those processes, this article explores how to create a template for your process documentation guide. A template makes the process of documenting your processes repeatable. Repeatable is the word to remember here primary aspects of a process documentation guide should be easily duplicated and reused to create additional guides after the first process has been documented. This repeatability feature makes it less painful to create your documentation as you move through all the processes in an organization. It also provides readers with a common format to follow as they research or review processes within your organization. Reporting Reporting may seem like a simple exercise in transparency but it is more than that. In fact, it gives management an additional opportunity for improvement, through readersââ¬â¢ reactions, criticisms and suggestions. Considering stakeholder views also helps to shape strategy, goals and objectives. All the inputs from direct stakeholders should be carefully reviewed as part of a management learning process to adapt and fine-tune the companyââ¬â¢s sustainable development objectives. Contractual Legal Issues Regardless of whether you use an agency or not, you will require someà knowledge of contract law and the ability to negotiate a suitable agreement. IR35 should be at the forefront of your mind throughout this process if you are to keep as much as possible of your pay packet out of the clutches of the taxman. On the most basic level, any agreement reached with a client must make clear that you are a contractor and not an employee. This distinction should be clear in both the contract and your modus operandi. Primarily, your contract should define exactly what you are agreeing to do for the client. In contrast to an employee, whose work may not be defined at all in the contract, you must make sure that the document clearly lays out the service or services that you are to provide. Conclusion So in conclusion, this document has been explaining the impact of organisational policies on the troubleshooting and repair process, I am going to be talking about the organisational policies, such as considerations e.g. security, costs, systems downtime, disruption, resource allocation, prioritisation, contractual requirements, trend analysis, escalation procedures, documentation, reporting, contractual legal issues. Hopefully, this would help an organisation in the process of troubleshooting and repair.
Thursday, January 9, 2020
Analysis Of Reinaldo Arenas And The Cuban Revolution
Reinaldo Arenas lived and in an era of great oppression known as the Cuban Revolution, which he helped bring to power in 1959. If understood precisely, the short-story is really complex to percept. The conduct of characters is by all accounts absurdly improper and past any laws of human spirit and sound judgment. Luckily, the suggestion to the Cuban Revolution and the creator s disposition to it get to be evident from the first paragraphs. Death not only signifies sorrow but can also be freedom. These words were based to the story in relation to the Reinaldo Arenas case in Cuban revolution. However, the story itself shows the love to the country of Cuba. The statement that was written on this paper shows my personal analysis allied to the history and biography of the author. The imagery of the mother reveals the true happiness of the story teller. The story was composed of 6 characters. Includes the mother, the four sisters and the only guy in which was the one who narrates the story . From this, I can say that the one who narrates the story has an issue to his gender affiliated to the gender issue of the author. The mother who died in the story represents the country of Cuba where Reinaldo Arenas was born. ââ¬Å"Plant a kiss on motherââ¬â¢s disfigured faceâ⬠the characteristic of the dead mother signifies the hardship that Reinaldo Arenas has experienced during the Cuban Revolution. Reinaldo Arenas used the mother as a character in the story because he was abandoned by his father.
Subscribe to:
Posts (Atom)