Law Essay Example | Topics and Well Written Essays - 1750 words - 1

Law - Essay Example The ways in which a defendant may interfere with the interests of the claimant is either by affecting materially his land or affecting his use or enjoyment of land or the interference with the servitudes and similar rights over the land. The most important case in respect of material interference with property and interference with use or enjoyment and their distinction was St Helens Smelting Co. v. Tipping1 whereby the House of Lords that the surrounding circumstances were important but there were different provisions when the concern was in respect of material injury to the said property. There had been different reasons which had been attribute to such a reasoning a few included that greater protection was offered to the prior aspect of property than to enjoyment derived from the property or the ease of quantifying. The next issue that needs to be considered in respect of nuisance is material damage to property and whether the defendant is held liable for such material damage. The important aspect in respect of nuisance which relates to this question is that of interference with the use or enjoyment of land. It is important to mention that not every interference in respect of enjoyment of property is held to be actionable as can be seen in the judgment of Vice-Chancellor in Walter v. Selfe2 that the inconvenience must be ‘considered in fact as more than fanciful, more than one of mere delicacy or fastidiousness, as an inconvenience materially interfering with the ordinary comfort...of human existence, not merely according to elegant or dainty modes and habits of living, but according to plain and sober and simple notions among the English people’. Thus a balance must be struck with enjoyment of use of occupier and his neighbour (Halsey v. Esso Petroleum Co, Ltd.)3. The interference is dependent on reasonableness which in turn is dependent on a number factors that duration of the interference, sensitivity of the plaintiff, character of neighbourh ood and fault of the defendant. The first aspect is that of duration which should be appreciable. (Cunard v. Antifyre Ltd. where it was said to be substantial length of time)4 . However, in Harrison v. Southwark and Vauxhall Water Co.5 it was stated that something which would normally constitute to be nuisance would because of its temporary and useful nature be excused. As far as sensitivity is considered, the courts would not allow a claim for an abnormal sensitivity of the claimant or his property which makes a undisruptive activity to be harmful to the defendant. The next aspect is that of character of the neighbourhood which as stated in St Helens is not to be considered in respect of cases which deal with physical damage to property, however, it is applicable to cases where the interference is in respect of enjoyment or use. In Sturges v. Bridgman Thesiger LJ stated ‘Whether anything is a nuisance or not is a question to be determined, not merely by an abstract considerat ion of the thing itself, but in reference to its circumstances; what would be a nuisance in Belgrave Square would not necessarily be so in Bermondsey; and where a locality is devoted to a particular trade or manufacture carried on by the traders and manufacturers in a particular established manner not constituting a public nuisance. Judges and juries would be justified in finding, and may be trusted to find, that the trade or manufacture so carried on in that locality is not a private or actionable wrong.’

Syria Revolution Research Paper Example | Topics and Well Written Essays - 1250 words

Syria Revolution - Research Paper Example Being a democratic republic under the power of President Bashar Al- Asad together with his advisors, members of the ruling party, his ministers, the president made major decisions and was also in charge of the ruling party. Together with his party leaders, the president governs all the three branches of government , he was given the mandate to rule the country for his second term of seven years in a â€Å"yes or no† referendum that was unfair in the eyes of human rights advocates both locally and internationally. Military was deployed to bring to an end the uprising hence using firearms on the demonstrators across the country, this lead to an armed rebellion which comprised of volunteer civilian and defected solders from the government. According to the report of the United Nations released on September 2013, more than one hundred and twenty thousand died in the process while thousands of protestors are rotting in jail and there are reports of terror and torture in the state p risons. The Syrian government is given reinforcement by Russia and Iran, while Saudi Arabia and Qatar supports the rebels with weapon. The reason for the uprising started when President Bashar al-Assad came to power in the year two thousand immediately after his father Hafez dead, who had lead Syria since 1970. This dictatorial system of government had only one party system which left few means for political differences, the nation had no peaceful transfer of power since 1950 and for change to take place only a military coup or an uprising was to take place, because the mercies of the country felt oppressed, humiliated and deprived their right to have the leader of their own choice. The Ba’ath party was regarded as the initiator of the â€Å"Arab socialism† that tried to merge the state leading economy with Pan –Arab nationalism; the ideology of the Baathist was reduced to nothing, this was facilitated by damaging its reputation by making its economy to became w eak and losing the wars against Israel. The reforms of the vestige socialism made the doors wide open to personal venture enhancing and broadening consumerism along with the upper and middle classes and neglecting those favored with links to the Assad government, by this uneven economy was created which latter triggered the uprising as the cost of living got high and job became scarce (Anon 1). Persistent drought devastated farming in the north eastern Syrian community which totally relied on farming lead thousand of Syrian people to suffer hunger, due to lack of stability in the Syrian government more than a million suffered since 2008, by this many individuals from the hit area went to urban in search of their daily bread, lack of employment in town led them to become frustrated ending up in mushrooming of slums. This population was angered by lack of help from their government and this fueled anger and hate of their mother country hence being eager to over throw their government. Rapidly growing population lead to the emergence of young and energetic people in the nation, due to lack of employment this created a demographic time bomb in the country which was to explode anytime. Lack of productive public sector as

The Relationship Between Risk and Expected Rate of Return in CAPM Statistics Project

The Relationship Between Risk and Expected Rate of Return in CAPM - Statistics Project Example In the opinion of Roll and Ross (1980, pp.1073-1103.), this theory had considerable significance in empirical work during the 1960s and 1970s. However further researches on this concept have questioned its reliability and authenticity of the computation of empirical constellation of asset returns; and, many related theories have detected ranges of disenchantment with the CAPM. As a result, the most widespread CAPM underwent harsh criticisms not only by the academicians but also by financial experts. In addition, empirical researchers have gathered a range of evidence against this model during the last few decades. That evidence questioned the model’s assumptions and argued the dead of the beta. Roll and Ross (1980, pp.1073-1103.) say that this situation led to the demand for a more potential theory and it caused the formulation of Arbitrage Pricing Theory (APT). Although APT was developed recently, CAPM is considered as the basis of modern portfolio theory. According to Shanke n (1982, pp.1129-1140), the ATP is not more susceptible to empirical verification than the CAPM. The author also challenges the testability of arbitrage pricing theory as he finds that the basic elements of testability strategy would not properly work in the case of this model. He also points out that the theory precludes the differentials of expected return that form the basic structure of the concept. Huberman and Wang (2005, pp. 1-18) claim that both the CAPM and APT show relation between expected returns of assets and their covariance with other random variables.

Chilean History Essay Example | Topics and Well Written Essays - 750 words - 1

Chilean History - Essay Example Not to get out of the topic, Peron’s main policies in this period were based on his being a close observer of the axis power’s fascist leaders, and this might have been the reason he acquired the Napoleonic view of being a man of destiny. When it occurred to him that the axis powers were defeated, to him this revealed the foolishness of the foreign policy of the Argentine and this established in him a conviction that he had a chance of avoiding the clear mistakes of Franco, Mussolini and Hitler in order to dive argentine to a great height. As often known, any dictator needs a bodyguard, and for this case when eyeing the office of the president, he assembled a band of followers from the row deist urban poor of the Argentina. In order to keep models of the Brown and black shirts, he went ahead labeling his followers No shirts with a reason that they lacked the white gentleman’s shirt. This clearly indicated that he was getting a way to middle ground between the com munist and the fascist. Certainly, Peron was an ultra-nationalist who did not fear playing upon the class s rivalry. He took advantage of the powers he possessed while a vice-president to attach himself to the working class. In the event, some military officers sensed that Peron was up to something and went ahead arresting him. In response to this, Peron raised worker’s wages and gave them a paid holiday. Certainly, it was a shrewd investment because it is a chance that her mistress used her beauty in rallying his supporters with giant mobs gathering chanting the slogan of releasing him. This was an advantage for him since though this, he was released, as well as elected president in 1946 elections forming the peronista party. The steps he took after assuming power is what has made him be remembered for transforming the leadership of Argentina. He first went ahead marrying his mistress Eva Peron with opposition being silenced by the bands of No shirts. He along with his team set up and established a full-fledged welfare state alongside granting women voting rights using Eva as the face of the crusades. Noting that the economic policies of the new regime were as bizarre as the Cultural Revolution of Mao, he went to introduce various changes that cut across social, economic, and political. The prominent economic changes entailed freeing Argentina from the foreign dominance through investing heavily in industrialization. This he did by funding the first ever-scientific analysis of Argentina’s Andes Mountains in which he discovered coal and precious metals. With a view to fund the exploration and the social program, he centralized control of imports and exports. In a period of ten years, the true rich Argentina’s resources brought about a stunning social economic growth that actually defied the attempts of experts to attempt explaining it under Juan Peron’s erratic policies. On a social ground, the legacy of Nepoleon left a great impres sion in Peron, in which case the two leaders viewed their people as those who cared little about their liberty, but about the government goal to provide equality. He was called El Leader following his character that established him as being a good fascist and as a good socialist he provided higher wages, unionization, shorter working hours, paid vocations, free medical care, accident, old age, illness insurance, alongside improved housing to everyone. As a capitalist, he

Sustainable development Essay Example for Free

Sustainable development Essay Introduction: Without a shadow of doubt, one of the problems facing today’s China is water pollution. Maybe you will ask, how to define water pollution? Why we will say the water pollution problem in China is so serious? Actually, there are many different ways to measure water pollution. For example, use instrument to test the safety level of water or by using the ph-value to test whether it meets or exceeds the national standard or not. However, we are not professionals. Therefore, today I will just tell you two simple ways. First, by chemical indicators, we can take the water sample and measure the concentrations of chemicals that it contains. If the chemicals are dangerous or the concentrations are too great, that means the water is polluted. Second, by biological indicators, we can examine living things that water will support. If living things can live in the water that means the water quality is still acceptable. However, if the living things can’t live, the water quality is so poor. These simple ways can test whether the water is polluted or not. Causes: There are two main reasons that cause water pollution. First is the industry. In recent years, the rapid development of industrial and urban areas, and changes in agricultural practices. The discharge of waste from industries. The owners think that rivers and oceans are convenient places for them to dump their waste material. However, they did not concern these waste contains toxic substances that may cause damage to the river and lake and also, it is harmful for humans and aquatic animals. Second, for the public, too many selfish and lazy members of the public have immediate satisfaction. This poor civic spirit, a mind-your-own-business, non-confrontational culture make the situation worse. In China, all you have to do is step outside to see evidence of a lack of public hygiene. One popular pastime is littering. The â€Å"expert† litterer refuses to put his  cigarette butt, used tissue, or fish-ball stick in a bin, even if there is one only 3 steps away. It is not surprising that one day, we will live with sewage-strewn beaches and dead rivers. All in all, because the discharge of waste from industries and selfish citizens and weak enforcement of littering laws and government complicity in pollution all combine to make prospects for improvement bleak. Impact on Economic Aspect, Case Study: Concerning pollution of river, algae bloom on Lake Tai has been the concrete example showing the negative impact of unsustainable practices on economic development in recent years. And the government needed to spend huge sum to revamp the situation. Taihu is third largest lake in China, covering an area of 2400 km2. It is the major source of water to Shanghai, Suzhou, Changzhou and Wuxi, Hangjiahu Plain. As the Chinese saying goes, those living on a mountain live off the mountain; those living near the water live off the water. Therefore, the river becomes a major source of income to the local as well. Aquaculture industry, hairy crabs industry in particular, is thriving there. However, the mis-use of chemical substances around Taihu has led an ecological disaster since the 80s. Apart from the industrialization and influx of population of 20 million people along Taihu, development of agriculture and aquaculture contributed to excessive nutrients inside the river. According to Liang and He (2012), the organic pollutant in water sharply rose from 1% in 1987 to 29.18% in 1994. A proliferation of blue algae happens every now and then because of eutrophication in river. Netted enclosures used in Taihu As Qin discovers (as cited in wang, 2007) that excessive amount of bait led to eutrophication of river. Compared with that of river, the water sample of  breeding grounds contained higher concentration of ammonia and nitrogen. Plus, the netted enclosures deterred the aquatic plants from purifying the water. And the slower flow of water supported accumulation of chemical. Hence, the Jiangsu government annually invested RMB 2 billion for management of Taihu since the massive outburst in 2007. And 2.8 million tons of algae were removed between 2007 and 2011 (Liang and He, 2012). According to Wu and Cai (2007), the Chinese government strictly controlled artificial breeding space then. The size of breeding grounds was prohibited to expand and limited to meet scientifically sound standard in Taihu, Chaohu and Dianchi. It was projected that the size of breeding grounds would significantly drop from 81 thousand to 32 thousand hectares in 2008, coupled with the output volume of 8 thousand tons. The sharp decrease in harvest by 10 thousand tons drove price rise. In fact, besides the environment, the local government protected the livelihood of those crab farmers. After the implementation of projects, the number of hairy crab breeders was estimated to decrease to 1500 along Yangchenhu. Hence, provision of monetary compensation aside, these primary producers received knowledge transfer to shift to value chain of crab products. In short, rather than stable growth of GDP from the heavily polluted source, the local government would like to achieve long-term growth by restoring ecological balance and upgrading the development of cities. Plus, the farming and horticulture industry were disallowed to develop within 1 kilometer of peak discharge of river to avoid soil contamination, in turn water pollution of river. Finally, according to â€Å"Harvest Hairy Crab in Taihu, Output and Price rose by 30%†(2011), the quality of hairy crab along Taihu were better than before because of better water quality and limited production. And the Trophic state index dropped to 60.8 in 2011, compared to 62 in 2007 (Ding, 2012). Plus, as Xu reports (2008) that, despite smaller size of breeding ground of hairy crab, the better freshwater favor survival of crab seed which would  not lead to a dramatic drop in output but maintain freshness of produce. In conclusion, there is a long way to complete restoration of Taihu because of high accumulation of chemical substances from human activities nearby. However, the human-induced eutrophication of river can be controlled by the planning and monitoring of the local governments. Meanwhile, they can lay more effort into developing high-price hormone-free crabs to meet greater and greater demand over the world while maintaining sustainability of river for next generation of Taihu. Our future: When considering our future, it seems we have two choices. We can passively let the future happen and live with dead rivers or alternatively we can actively change our future by taking specific steps like work together to keep the water clean so the living things and people remain healthy. We benefit, or suffer, from the decisions made by us today. For me, of course, I will choose the latter one. By doing so, there are three aspects that can do better. First, for education. I think no one will disagree that the success of government education programs is a long term proposition. We need to make people aware of the water pollution problem and its impact. Educators can teach people to clean up their act and organize activities like community beach-cleaning sessions. Also, some concern groups can work with media like television channels or short movies to produce water management programs to promote public education. Education is the key. Positive public action can make a great change. Second, for the laws. Recently, China has enacted regulations and laws to reduce water pollution. However, I think the government needs to punish the offenders. New laws, higher fines, stricter enforcement are indispensable. They can force people and companies to clean up their act. Third, for the economy. Since a large amount of money spent on treating the polluted water. Many environmental experts agree â€Å"polluter pays principle†Ã‚  that means polluter needs to pay for the damage done to the natural environment. Therefore, they may fear that they need to pay more so they try to think some ways that cause less pollution. Last but not least, according to GREENPEACE, â€Å"25% of Chinas seven largest river systems, which include the Yangtze River, the Yellow River, and the Pearl River, fails to provide water which is suitable for irrigation and is considered highly polluted. In addition, 30% of the Chinas rivers and 25% of her coastal areas are considered highly polluted. If one were to take all of Chinas clean water supply and share it evenly with the population, the amount each person would get would be miniscule.1† Therefore, to live better or not, everyone is the director. Positive action can change our future. Just start from today, tackle water pollution before it is too late.

Colombias Generally Accepted Accounting Principles Analysis

Colombias Generally Accepted Accounting Principles Analysis Columbian GAAP According to the Constitution of Colombia, only Congress has the authority to issue generally accepted accounting principles. Through legislation, however, Congress can delegate this authority to the executive branch as well as to other institutions. The Central Board of Accountancy was formed to regulate the accounting profession (Colombia, 2010). Under this board, the Technical Council for Public Accounting was created. The Technical Council was designed to issue guidance on accounting standards, and it was this council that issued Colombias generally accepted accounting principles (GAAP) (Accounting Standards Update by Jurisdiction, 2010). Colombian GAAP is based on US GAAP and International Accounting Standards (IAS). It is important to note, however, that Colombias accounting standards have not been updated since 1993, so they do not reflect any updates or advancements in international or US standards (Colombia, 2009). The Colombian Congress also allowed regulatory agencies to issue their own accounting standards to help them perform their jobs (Accounting Standards Update by Jurisdiction, 2010). Because the nation has several agencies that each issue different accounting rules for the organizations under their jurisdiction, the World Bank criticizes Colombia for not having general-purpose financial reporting. There are currently forty-three different sets of accounting standards in the nation. The World Bank is also concerned that the Central Board of Accountancy is not receiving enough funding to complete its job thoroughly and efficiently. Moreover, the World Bank is concerned that Colombias code of conduct for accountants is not consistent with the code of the International Federation of Accountants (IFAC). (Colombia, 2009). There are no auditing standards that are enforceable by law in Colombia. Additionally, there is no law mandating the independent audit of financial statements (Taxes-Accoun ting, 2010). Accounting for the Public Sector National General Accounting Office Accounting standards and principles for the public sector of Colombia are provided by the National General Accounting Office. Furthermore, the Office standardizes and consolidates accounting information and is ultimately responsible for preparing the Nations Consolidated Balance Sheet. The National General Accounting Office is also responsible for outlining what financial statements need to be produced by the public sector (Contaduria General de la Nacion, 2009). Required accounting reports include balance sheets, income statements, operational balances, and annexes (Taxes-Accounting). The Office will provide the public sector with explanations on the timing and standards that the financial statements must satisfy (Contaduria General de la Nacion, 2009). Accrual Basis Colombias public sector accounting standards are currently and successfully in the process of convergence with the accrual-based International Public Sector Accounting Standards (IPSAS). Because Colombias public sector standards were already primarily accrual-based, the nation did not have to undergo tremendous reform to converge with IPSAS. Colombia was extremely eager to align its accounting standards because the nation understood the need for standardization with economic globalization continuing to intensify (Benavides, 2010). Tax Environment Value Added Tax Colombia has a value added tax of sixteen percent as its form of consumption tax (Taxes-Accounting, 2010). Differing from a sales tax where only the end consumer is charged, a value-added tax is charged at each stage of the production process (value-added tax). There are lower value added taxes for commercial air transportation and food products at ten percent and seven percent respectively. Insurance products and medical care products are completely exempt. Colombia has two other forms of consumption tax, including an excise duty that is levied on alcohol and cigarettes. The nations custom service also charges a tax of 1.2% on imports from other countries. Nations that have signed trade agreements with Colombia are exempt from the import tax (Taxes-Accounting, 2010). Corporate and Personal Income Taxes The personal and corporate tax rates of Colombia are some of the highest in Latin America (Department of State). The nation charges a corporate income tax of thirty-three percent on all companies except for those located in the free-trade zone. Those companies are only charged fifteen percent. A unique aspect of Colombias corporate tax system is that most capital gains are charged at the ordinary rate. Capital gains that are exempt or taxed at a special rate are in the minority. Not uncommon, depreciation and depletion expenses are deductible. Net operating losses, expenses abroad, and specific taxes are some of the other commonly deductible items. For individuals, Colombia has a progressive tax system that ranges from zero to thirty-three percent. Colombias tax system measures individual income using Tax Value Units (UVT) (Taxes-Accounting, 2010); one Tax Value Unit is equal to 24,555 Colombian Pesos (Colombia Tax Rates, 2010). The individual income tax progresses through four levels: zero percent, nineteen percent, twenty-eight percent, and thirty-three percent. All taxpayers that have greater than 4,100 UVT are charged a thirty-three percent income tax rate (Taxes-Accounting, 2010). IFRS Compliance with IFRS Colombian GAAP has not been updated since 1993, so the World Bank recommends that Colombia adopts International Financial Reporting Standards in their entirety and that the nation creates a High Council to manage and oversee this process. Furthermore, the World Bank would like Colombia to create a body that enforces these accounting and auditing standards. From 2007 to 2009, the Colombian Congress has been agonizing over a bill that would mandate all large companies in the nation to fully adopt IFRS by 2010. The bill would also stipulate that small to medium companies adopt IRS by 2012 (Colombia, 2009). However, in 2009, the Colombian Congress enacted a bill that only calls for the convergence of Colombian GAAP with IFRS, as opposed to the complete adoption of IFRS. Standards Compliance Index Currently, according to the Financial Standards Foundations Standards Compliance Index, Columbia has only obtained a score of 40.83 out of 100 and ranks 48 among other countries for compliance with international standards. The nation is successful with data transparency and macroeconomic policy compliance but needs to work on remedying the transparency of its fiscal policy. Columbia has struggled with the latter because of difficulties managing the budget both regionally and municipally. The nations weakness in financial regulation and oversight has had the greatest negative impact on the Standards Compliance Index (Colombia, 2009). This is clearly a result of the lack of auditing standards and the lack of required independent financial audits (Accounting Standards Update by Jurisdiction, 2010). Columbia scored relatively well in accounting and auditing standards because of the evolution of legislation that dedicates the country to converging its present auditing standards with inter national standards (Colombia, 2009). Auditing Standards In the World Banks assessment of Columbia, the institution was concerned over the nations lack of auditing standards. The International Monetary Fund also found that Columbia did not comply with international auditing standards. Furthermore, the World Bank was disturbed that external audits are not mandatory and that the concept of independence does not even exist in Columbia. The World Bank concluded that, in Colombia, the legislative requirements on auditing contradict the modern concept of financial statements audits' (Colombia, 2009). In this nation, auditors also act as controllers, and the latter role should only be assumed by management to follow suit with international principles. As a result, the World Bank recommended that Columbia adopt International Standards on Auditing (ISA) and develop new legislation that will create regulations for auditors and improve auditing requirements. The legislation should also create an organization that would oversee auditors and enforce au diting standards. To further improve the strength of its auditing profession, Columbia should improve the licensing requirements for auditors and provide training programs on International Standards on Auditing. The nation should also create a professional organization that encourages the independence of auditors (Colombia, 2009). Columbia is currently in the process of converging its auditing standards, or lack thereof, with international requirements.

Storms :: essays research papers

If you know where and when to look, you can treat yourself to a colourful display of atmospheric haloes, spots and pillars. These images can tell you something about the clouds overhead and possible changes in the weather. All of these images are created by light shining through cirrostratus clouds. These clouds occur at an altitude of 6,000-12,000 metres. They appear as a thin sheet or layer (strata) that is pure white. The layer of cloud is so thin (only 100-450 metres) that is doesn't obscure the sun or moon, so you should be able to see your shadow. Cirrostratus is made of many types of ice crystals. However, four crystal shapes are responsible for producing most of the commonly see haloes-plate crystals, columns, capped columns and bullets. The most obvious halo is found around the sun. If the layer of cirrostratus is extensive, you'll see an entire ring. Within the layer of cloud, sunlight is striking and passing through the sides of randomly-oriented ice crystals. As the sunlight passes through each crystal, the light changes direction, or refracts. The radius of the hale depends on the amount of change in the direction of the sun's light. Usually this is 22 degrees. Since the sun is 1/2 of a degree across, the radius of the halo is 44 sun-widths. Occasionally you may see a second halo at 46 degrees from the sun (that is, with a radius of 92 sun-widths). This is produced by sunlight passing through both the side and bottom of each crystal. Moonlight will also produce a halo, around the moon, with the proper layer of cirrostatus. Another common optical effect is known as "mock suns" or "sun dogs" or "parhelia" (Greek for "with the sun"). These bright spots on either side of the sun, outside of the halo, occur when sunlight passes through the sides of capped columns, bullets and plate crystals, when these crystals are arranged with their sides vertical. The crystals wobble, diffusing and smearing the colours of the mock sun. You can see haloes and mock suns more clearly if you block out your view of the real sun by holding your hand in front of it at arm's length. Another spectactular optical effect is the solar pillar. This is a vertical shaft of light the same colour as the sun stretching upwards from the sun and is most often seen at sunset or sunrise. It's produced by sunlight reflecting of the base of plate and capped column crystals in the clouds.