Lifting of Corporate Veil free essay sample

Lifting or Piercing the Corporate Veil is a Legal process or proceedings taken to uncover the common shield in respect of any suspicious event happened or to be happened or on the basis of allegation made or to be made against the Company. This piercing process can be compared to a person lifting the curtain of a Drama Stage to know what is actually happening without being the drama commenced. Piercing the Corporate Veil is a Premeditated process with an intention to curtail the unfair advantage enjoyed on forming of a Company. Merits on Incorporating a Company. Incorporating a Company is always preferred by active entrepreneurs than commencing a Partnership firm or sometimes a sole proprietorship. The major boons of incorporating a Company are: 1. Limited Liability. Almost all the Companies are started with limited liability status. A Company with Limited Liability indicates that a Members’ loss in a Company is only up to the value of his shares or loan made, if any thing unfortunate happens to the Corporate. We will write a custom essay sample on Lifting of Corporate Veil or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The Personal Assets or earnings of Director or the Officer will never be put at risk. But if the event is a fraud or anything outside the purview of the Memorandum of Association (which means â€Å"Ultra Vires†) the Directors or â€Å"Officers in Default† {Section 5 of Companies Act} will be held for Personal Liability. 2. Protection of Name: The Company’s name will be protected immediately once it is approved by â€Å"Registrar of Companies† (herein after called as â€Å"ROC†). There will be no chance of another Company being started with the same name or even identical to the Companies Name. Whilst in the case of a Partnership Firm or Sole Proprietorship Concern, the name can be only protected by a Trademark Registration. 3. Existence. As an old proverb indicates, â€Å"Members may come and go, but the Company exists forever† is the gist of the Company formation. The Company will disappear only after the complicated winding up and liquidation process under the Specific order from Registrar of Companies or any other appropriate authority. 4. Raising Funds: There are not too many better options otherwise than incorporating the Company to raise funds for expansion of the markets for its products, commencing a new business, enter into a global market etc. Initially a Company will be floated as a Private Company (with a limit of 50 shareholders) and after rooting its base in the market, it may proceed with an Initial Public Offer to become a Public Company and gets listed in the Stock Exchange within 21 days of the closure of Public Offer (Usual Routine). A Company can also raise loan on its assets by creating a Charge (Fixed or Fluctuating) in favour of a Bank (Secured Creditor after Charge is being created) which is a very simple process done through MCA portal where the ROC is intimated by filing Form-8. 5. Taxation Benefits. The Taxation part is the most fruitful of all the benefits enjoyed by the Company. The Company’s liability for tax when compared to partnership firms and sole proprietorship concern is very limited. A corporate is blessed with so many deductions and other tax allowances which can be charged against the profits of the Company which limits the liability to pay tax. When Companies began to show Nil Total Income after their tax planning, Section 115JB was introduced in the Income Tax Act vide Finance Bill 2002, which articulates Minimum Alternate Tax whereby a minimum tax obligation was put on the Company which is charged against their Book Profits. Rising of Lifting the Corporate Veil concept. Any Company incorporated under the Companies Act, 1956, can enjoy all the fruits and permitted to do all the acts under the Laws of the land. But if the Companies start to get pleasure from other undue benefits prejudicial to the corporate habitat, the Lifting of Corporate of Veil concepts come into the picture. 1. Regular Company Law formalities are not followed. The Companies are required to abide with certain compliance formalities such as convening of Board Meetings and General Meetings, Filing of Balance Sheets with the RoC, filing Income Tax Return etc. When these regular formalities are not met or complied invariably, with/without any reason, legal actions may be initiated for piercing the corporate veil. 2. Disinvestment and Diversion of Funds. On some occasions directors may on their discretion, having the controlling stake may opt to disinvest or divert the funds without intimating the Shareholders. Such disinvestments or diversion of funds may adversely affect the financial stability of the Company in general and the interests of the stake holders in specific which invites the court to pierce the corporate veil of the Company. 3. Seasonal Non Payment/Excessive Payment of Dividend. Non payment or excessive payment of dividend to the shareholders may sometimes bring suspicions on other stakeholders or legal/governmental authorities for which lifting corporate veil proceedings get attracted. 4. Alter Ego concept. The Company being blessed with so many merits, will be floated and all regularities will be done at the initial stages so as to make it appear as an active company. But later, the alter ego of the Directors gradually starts visible and will occupy the driver’s seat of the company. When it is felt that there are some discrepancies being done placing Company as a shadow/mask, lifting corporate veil of the Company becomes indispensable. 5. Fraudulent Motive. When the judiciary feels that when there is any fraudulent activities are going on in a Company or there is a chance such malpractices, the Court has all the powers to pierce the corporate veil. 6. Enemy Character. At any time, if any Country has become the alien enemy (War has been declared against another Company), the Court has the authority to pierce the corporate veil so as to analyze the Shareholding and other management and fiduciary interests of the Alien Company in that Company to protect the General Interests. 7. Tax Regulation. If any tax legislation insists the appropriate authority to pierce the Corporate Veil, the Court would not mind the Separate Legal personality of the Company and proceed with digging the core of the formation and other commotions of that Company. Some Celebrated Case Laws related with Lifting the Corporate Veil of the Company: 1. Salomon Vs Salomon (1897) In this case, Mr. Saloman was dealing with shoe business. The Kingdom of Britain then enacted a statute providing for the incorporation of businesses and a corporation then had to have at least seven shareholders. Mr. Salomon formed a corporation, with all seven shareholders being members of his family. The business of the corporation eventually went under, leaving considerable unpaid debts and ever branching liabilities. The creditors argued in court that the shareholders should be liable for the debts of the corporation, because they were all related to Old Man Salomon, and that the corporation was set up a mere sham. The court held in favour of the shareholders, Old Man Salomons relatives. The fact that the shareholders were all related to Old Man Salomon was irrelevant in determining that the corporation legitimately existed as a separate entity, and thus the individual shareholders were not held liable for the corporations debts. This case law in a narrow aspect does not have any relevance with regard to Piercing Corporate Veil concept. But this judgment was taken as a trump card to taste the cream of formation of Companies. 2. Gilford Motor Company Vs Horne: In this case, the Court disregarded the judgment of Salomon Vs Salomon, questioning the distinct legal personality of a Company. Mr. Horne was an ex-employee of Gilford Motor Company and as per the terms of the employment, he should not solicit any of the Company’s customers. In order to defeat this provision, Mr. Horne incorporated a Company in his wife’s name and solicited all the customers for which the Company brought up action against him. The Court analyzed the motive of incorporating the limited Company and it was ipso facto found that the Company’s main purpose was to perpetrate the fraud. 3. Jones Vs Lipman This case is similar to Gilford Motor Company Vs. Horne. Here, Lipman entered into contract with Jones to sell his land. Later, Lipman changed his mind and transferred the property to a Company in order to avoid Specific Performance. But it was held that the Company as well as the transfer of property was only acting as a mask to avoid recognition by the eye of equity. 4. Edwards Company Inc Vs Monogram Company Inc: Monogram Industries acquired Entronic Corporation in the field of production of smoke detectors. Monogram made its purchases through its wholly owned subsidiary name Monotronics. Monotronics then entered a Limited Liability Partnership with Entronic Company and acted as a General Partner. In the course of the business, Edwards Inc granted loan worth $ 350,000 to Entronic Corporation which it could not ply went the market slashed. However, Monotronics, being a General Partner could repay a part of the loan worth $ 10,000 from its estate to Edwards Company. But, Edwards filed a suit against Monogram Industries for the recovery of the debt against Entronics, an attempt to pierce its corporate veil on the basis of the following grounds: a. The Board of Directors, Office and Contact numbers of Monotronics and Monograms are same. b. Monotronics was only a piece of paper or a dummy company as far as Monograms is concerned. But, the Honourable Court analyzed that: 1. There was nothing to prove or insist the court to order for lifting the corporate veil as there was no fraudulent act or injustice shown from the Company/Companies to escape from the liabilities. 2. There was no lack of separate existence of the 2 Companies. 3. There was no violation of any corporate formalities. 4. There was also no co-mingling of money and under capitalization in both the Companies. Taking in view of the above analysis, the Court quashed the suit filed by Edwards Company against the Monogram Group. Conclusion: It is always fruitful for active and vibrant entrepreneurs to expose their skills and respond to the changing environment by incorporating a Company. The Incorporation of such a corporate must be in the true spirit of law. Once the Company is floated, in spite of enjoying all the merits, it also has to comply with all the procedural and legal formalities. A Director of a Company must be also aware of Section 322 of Companies Act, 1956 which makes their liability unlimited. In the Era of Corporate Governance and Corporate Social Responsibility, the chance for lifting the Corporate Veil may not arise, but there are cases of â€Å"Fly by Night Entrepreneurs† and â€Å"Vanishing Companies† after the Initial Public Offer even after SEBI has framed vide variety of Guidelines for protecting investors and other stakeholders. In Taxation words, this can be compared with Tax Planning and Tax Evasion where the essence depends upon the intention of the assessee whether to apply all the loopholes available in the law or by pass the boundaries for unjust enrichment.

Saturation Essay Essays

Saturation Essay Essays Saturation Essay Essay Saturation Essay Essay Viola students are all aware of the infamous Professor Taller Old Testament worksheets, and I have just begun mine. That night, the La Miranda weather was cool and a relief from the smoldering hot temperatures of the day time. As I began to work on my assignment, I occasionally glanced around me. The sky was pitch black with glistening stars that looked like fireflies. Groups of people walked by, school books In one hand and Bibles In the other. As I continued to drift off into my own thoughts, I suddenly noticed a boy and a girl sitting next to the fountain with their feet up against the barrier of the pool of water. I was intrigued by their in-depth conversation of faith, life, and heartache. At the end of their conversation, the boy prayed for the girl and they parted ways. I sat in my chair In awe of how amazing my fellow peers were. Every twenty minutes of doing work I would take a break and relax. I could smell the scents of my sweet freshly baked cookie and coffee from Commons. I picked up my cookie and CLC could feel the soft dough and chocolate in my hands. I took short sips of my coffee to ensure that it lasted me the duration of my time studying. The creamy and sweet caramel overjoyed my mouth. I sat there thinking about how blessed and lucky I was, hat the beautiful scenery and essences of Bola were now my home. I once again took out my folder and began working. While continuing my work, I decided to turn on soothing music and immediately Goggled Hellions united. As I listened to the songs, I could hear in the background the trickling of the fountain as each stream of water came down. The coolness of the oncoming breeze slightly touched the back of my neck. The trees and leaves looked as if they were dancing ballet together to a beautiful song. Everything about the scene was serene. As I took In a deep breath, I felt a sense of composure. Although my worksheets were stressful, I felt as though I had the motivation and relaxation to finish them on time. Being part of such an academically inclined community made it feel as though I was trying to swim against a deep current, but in this exact moment I felt a sense of calmness in all the chaos. As I looked up and saw the elaborate mural of Jesus on the wall, It reminded me of how Jesus told Peter to walk on the water and trust Him. Peter stepped out to Tallow Jesus, out Degas to Tell tartar Decease AT ten walls wince made him begin to sink. I believe our everyday life is the same in the sense that once e take our eyes off Jesus and begin to worry, we also begin to sink. Although I had been feeling overwhelmed, I realized that I was brought to this university for a purpose. I needed to have more faith and trust in not only Gods plan for me, but in myself and my abilities as well. I have always been a person to stress myself over things out of my control. Whether it be school work, activities, or life in general. When I decided to attend Viola, I knew I would encounter many trials. Although these trials may feel endless, when I am sitting at the Fountain 0 of Faith my strength feels renewed. I feel as if I am David and all of my hardships are Goliath, and with God I can defeat any obstacle in my way. When I am sitting here relaxing, those feelings begin to fade. When I was deciding which school was right for me, my mom told me to visit each campus and sit somewhere where I could really get a feel of what the community was like. When I visited Viola, the place I chose was the exact table I sit at every time I come here to study. I love to be able to sit and remember my experience of why I chose this university in the first place. Each study session reminds me of how much I love Viola and everyone in it. As I push myself to my limit, I feel a sense of relief as I finish my last page of my last worksheet. The fountain shuts off, which tells me that it is midnight. It is pure silence besides the faint noise of clicking from keyboards on laptops in the distance. I sigh as a huge weight has been lifted off my shoulders and I just sit. I sit and think of the opportunities God has provided me with. I sit and think of everything that has lead up to this moment. I sit and think of Gods goodness. After I pack up my things to head back to my dorm, I take a moment to pull up a chair next to the fountain. I notice the cerulean blue tiles that line four of the seven steps. The other three are painted white with detailed yellow flowers. I put my feet up Just as the couple had done earlier and I look up. My eyes wander into the Jet black sky full of numerous stars. As I notice the bright moon, I realize that God created everything in the sky. He names each star by name, and cares for me so much more than each star that drapes the Heavens. As I sit in awe of Gods creation, I cannot help but notice all of the glory and power of The Lord. Sometimes all you need in lifes chaotic trials, is to be still and know that He is God.

Literature, Intertextuality Essay Example | Topics and Well Written Essays - 750 words

Literature, Intertextuality - Essay Example These results not only in what Roland Barthes calls as the "Death of the Author", but also makes the issue of authorship debatable. According to Barthes, the text [is] woven entirely with citations, references, echoes, cultural languages . . . which cut across it through and through in a vast stereophony. . . The citations which go to make up a text are anonymous, untraceable, and yet already read 1(Barthes 194-5) If intertextuality is a problematization of the inside-outside ratio of the text and context game, a classic example would be John Barth's Dunyazadiad. The text not only explicitly refers to the original work of The 1001 Nights, which is historically seen as an act of unoriginality, of plagiarism, but manages to create something original out of the reference. In the story, when Scheherazade and the genie (John Barth) are discussing the ending of the story the reader is currently reading, her epiphany illustrates one of the central ideas behind Barth's reworking: "Sherry asked with a smile whether by 'his version' the Genie meant that copy of the Nights from which he'd been assisting us or the story he himself was in the midst of inventing." The fact that Barth consciously subverts the original reference and recasts Dunyazade, the younger sister of the doomed Queen Scheherazade, the original protagonist of the Arabic tale, as the main stay of his text, shows Barth not only toying with the idea of form (as represented by the canon of Queen Scheherazade), but also illustrates the idea of post modern fiction to venture into the realms of 'might have been's' rather than following the filiated history. The greatest triumph of Barth lies in breaking this discourse of filiation, of canonization, by producing a pastiche of the probable. The intertextuality in the text thus, capillarizes the power lying inherently with the omniscient author of The 1001 Nights. If intertextuality celebrates the concept of art imitating art, it is true that Barth's text is a pluralistic discourse. However, the question of whether the text owes more to other texts than itself becomes difficult to analyze simply because the meta-narratives which evolve from Dunyazadiad are themselves a part of the world of intertextuality. The recursive tale structure is a treasure-house of narratives, but is at the same time confounding as it is held in the semiotics of language whose meaning can neither be ascertained nor be fully comprehended. Thus, "I can't conclude it," the narrator admits at the end of "Dunyazadiad," "but it must end in the night that all good mornings come to." The function of intertextuality in Alejo Carpentier's Like the Night has a function which is similar and at the same time dissimilar to Barth's Dunyazadiad. Whereas the similarity is evident in both the text's ability to challenge and break the canon of filiality, the difference becomes one in degree. Alejo's text, one could argue is a conscious effort to defer the issue of authorship at such an ad infinitum pace that its elasticity could combine the aesthetic concerns of multi-cultural traditions and focus on broader social issues regarding cultural identity. A typical example would be the use

Social marketing Essay Example | Topics and Well Written Essays - 1500 words

Social marketing - Essay Example This report focuses mainly on ways and techniques for social marketing. Social marketing is a source of creating awareness regarding any essential issue in a society and works for social benefits by means of various campaigns which are usually non-profit seeking. It is a way to change behavior of individuals in a society and strive for their good. These issues could be health related or may be associated with behavioral changes needed by a society. Social marketing must not be puzzled or mingled with â€Å"societal marketing â€Å"or â€Å"social media marketing† as these are entirely separate marketing techniques.(Kotler, Roberto, Lee, 2002) Social marketing may include various significant campaigns like stop smoking, and it should be avoided in public places and where kids are present in a family places like restaurants. Awareness regarding syringes to be disposed immediately after the use, to avoid HIV transmission. Here it also involves educating people to observe the laboratory technician or hospital staff whether they dispose the syringe in front of you in the trash can or not. Another health issue is the use same shaving razor in saloons that may lead to catch jaundice or hepatitis infections and skin diseases. (Ewing, 2001) Hence the aim of social marketing is to use commercial techniques for the betterment of society and common people regardless of considering the financial profit. HEALTH CARE INDUSTRY: One of the healthcare industries is a pharmaceutical industry that manufactures drug substances including tablet, capsule, injections, syrups, suspensions, creams and ointments. The label of a drug is one of the most important protocols that should contain all relevant information including generic name of the drug, weight of the active ingredient, batch number, date of manufacture, expiry date , manufacturer’s name, dose, and other useful information which stands as a key factor in marketing of these medicinal agents. Another healthcare industry is a hospital where a patient is admitted for treatment and gets cured. These days many hospitals are occupied in social marketing related to human health like arranging free eye camps for treatment of cataract and free diabetes check up etc. Certain NGO’s and government healthcare departments are organizing various social marketing campaigns like prevention of drug addiction and counseling of such addict ed individuals. PRODUCTS FOR SOCIAL MARKETING: Social marketing products are non-tangible objects and are important for health, safety and environments benefits. There are many examples of social marketing products like, water conservation, keep the environment clean and green etc. (Vella, 2008) EXERCISE: Here we shall consider the example of â€Å"exercise† as a social marketing product. Exercise is considered as one of the most important aspect of human life style. It helps you staying fit and healthy. This act is very essential for prevention of various diseases like myocardial infarction, blood pressure, diabetes, arthritis etc. Even pregnant women are advised for mild exercises during the period of gestation to keep themselves active. Exercise boosts your stamina and helps in ailment of numerous diseases. A brisk walk is supposed to be the best exercise for age groups. Nowadays there is a trend of going to gym for aerobics and use of fitness machines. Therefore exercise as one of social marketing product where different companies are also engaged in bringing people towards health and fitness and changing their views, plays a vital role in prevention and cure of a number of health related issues. There are four Ps of marketing: product, place, price and promotion. (Kotler, 2003) Product: means the preferred attitude that the marketing company anticipates from the consumers. This is usually a non-tangible object but could be physical as well (e.g. weight reduction pill). Price: The price should be affordable, like offering special packages for gym, swimming pool, games such as tennis,

Globalization and Labor Term Paper Example | Topics and Well Written Essays - 2500 words

Globalization and Labor - Term Paper Example Along with this, several other factors like the removal of restrictions and limitations over the capital flows and the trade across border, and the rapid advancement in the technology have enabled the production processes to be scattered. The number of products and services is rapidly increasing, but they are situated far away from the target markets. The production sites have become increasingly alert to the relative cost of labor across various countries. Every year, more and more people are migrating across borders, both legally and illegally. This has given boost to the process of globalization. Particularly, the labor market is becoming increasingly globalized. This matter has drawn the attention of media and policymakers towards itself, specifically in advanced economic regions. The question that is of the biggest concern from the resulting situation and that this paper aims at answering is, if the massive in-pour of labor from the underdeveloped countries into the developed co untries is damaging the employment and compensation trends in their economies? This paper will also explore the rate of growth of the labor supply across borders in the recent years and the specific channels that have played a special role in promoting the globalization of labor. These form important aspects of the aforementioned question. Increase in the supply of global labor: In order to determine how globalized labor in the contemporary age is, it is imperative that the effect of progress of such Eastern countries as India and China on the global labor supply is studied. This requires estimation of the participation of these countries’ labor force in the global market. This can be achieved by examining the ratio of export-to-GDP in these countries. The effective supply of global labor has quadrupled in the 25 years from 1980 to 2005 (IMF 162). The increase in global labor supply particularly occurred after 1990. Although most of the increase in the labor supply across the world that has occurred in the recent years pertains to the movement of workers that have not attained higher education, yet there has also been a noticeable increase in the supple of workers that have formally attained higher education. According to an estimate, the global supply of such workers has increased by 50 per cent in the past 2.5 decades (IMF 162). Advanced economies may estimate the increase in the supply of global labor merely by reviewing the increase in demand of imports, or by reviewing the trends of immigration. A comparison of countries with respect to the impact of globalization: Impacts of the labor globalization have been most significant in the European countries and the Anglo-Saxon countries. According to (New Economist), globalization has generally caused a reduction in the labor’s share in the GDP: However ...In Anglo-Saxon and smaller European countries, labour-market policies have partially offset the depressing effects of technology and globalisat ion on labour's share, mainly by shaving the tax wedge between what workers take home and what they cost to employ. In large European countries, increases in the ratio of unemployment benefits to wages have hurt labour's prospects, probably against policymakers' intentions. (New Economist). Different factors have caused the labor share to decline in the Anglo-Saxon and European countries. In Europe, the share of labor has mainly been influenced by the immigration and offshoring whereas offshoring was not

Benefits of Environmental Law

Benefits of Environmental Law Introduction Dating back to 1970s the concept of environment and resource management in New Zealand has gradually developed to adjust to internationally addressed environmental issues fist recognised by the World Summit held in Stockholm in 1972 when the need to protect the environment was acknowledged by the political world (Study Guide 1: Resource Management and Environmental Law). For a long period of time and especially in the last three decades, conservation issues have been on the political agenda in New Zealand. During this time, conservationist successful brought issues to the attention of governments and had policies and institutions introduced or changed to meet their demands (Buhrs and Barlett 1993). International influence The local thinking on the need to improve environmental management was influenced following an audit of New Zealands environmental management by the OECD on 1980. (Williams, 1997 cited in ENV 103 Resource Management and Environmental Law, Part 1) New Zealand is nationally and internationally regarded as a clean and green country due to the large areas of the country being relatively untouched and more than twenty per cent of the land being still under native bush. Having a population of only 3.5 millions, the country is seen as sparsely populated and pollution problems are regarded as minor comparing to other, more industrialised countries of the world. (Buhrs Bartlett, 1993) Buhrs Bartlett (1993) stated that New Zealand is able to prevent the environmental problems from emerging by learning from other countries experiences. Even though there have been improvements in some areas such as nature conservation, in other aspect New Zealand environmental policy has been slow comparing to other western countries (Buhrs Bartlett, 1993). Political and law reform in New Zealand Starting with The Town and Country Planning Act (TCPA) being passed by Parliament In 1977, political and law reform in New Zealand has regulated the use of land enforcing the need for permission for any activities through local government. The TCPA was concerned with economics and economical development within New Zealand being directed mainly at zoning (Study Guide 1: Resource Management and Environmental Law). One of the first documents identifying how the key ideas underlying the concept of sustainable development could be applied in New Zealand, The Integrated conservation and development: A Proposal for a New Zealand Conservation Strategy was prepared by The Nature conservation council in 1981 (Study Guide 1: Resource Management and Environmental Law). Starting with The New Zealand Physical and Environmental Conference recommending the establishment of an Environmental Council, New Zealand has addressed the concerns that environmental costs were often overlooked during economic development (Study Guide 1: Resource Management and Environmental Law). Benefits of Environmental Law for New Zealanders The clean and green image that New Zealand has managed to project to the world for such a log time is a very important part of the countries international image and has been sustained due to the countries ability to protect its natural heritage and local unique fauna and flora. Every person wants a clean environment in which to leave and leave for future generations. The New Zealanders environment is as much part of the countries image as its own history and culture. The clean environment it is as equally important for people as individuals as it is for the standard of life. The Influences in the development of environmental law in New Zealand have been as much internal as external even though the environmental issues have been in countrys agenda for a very long time. Having a very developed touristic economy, New Zealands environment plays an important role in the countys economical development and prosperity. Environmental law in New Zealand is vital for protecting all the factors influencing New Zealanders standard of life and the economical growth. Contributing factors to Environmental Law in New Zealand According to Buhrs Bartlett (1993), New Zealands unique flora and fauna and its distinctive species and ecosystems have suffered serious losses since human settlement. It is estimated that prior to human settlement eighty per cent of New Zealand was cover in forest. Since then the area covered by forest was significantly reduced to fifty-three per cent by 1840 and further to twenty-three per cent by 1983, making the treat to ecosystem one of the main contributing factors to Environmental Law in New Zealand. (Commission for the Environment, 1985 cited in Buhrs Bartlett, 1993) In 1928 increased public interest in conservation led to the introduction of the Public Reserves, Domains and National Parks Act. Several National Parks have been established by 1929 and another four during the 1950s. (Department of Statistics, 1989, pp.512-13 cited in Buhrs Bartlett, 1993 ). The conservationists concerns in regards to destruction of scenic beauty increased during 1950s continue trough 1970th and the early 1980s. Following battles over government proposal for the utilisation of beech forests, a new, more radical conservation organisation, the Beech Forest Action Council (later named the Native Forest Action Council) was established. The interest of the environment movement in New Zealand moved towards conservation issues to a global dimension during the 1980s and early 1990s. (Palmer, 1990 cited in Buhrs Bartlett, 1993) The Quality of Life Issue and Pollution are just some of many contributing factors to Environmental Law in New Zealand. The quality of life is often associated with the standard of living. However, a good standard of living, like the enjoyment of life, the quality of social relations within society and the satisfaction of psychological needs can contribute to the good quality of live but does not necessarily lead to it, while the low quality of living is often associated with people living in abject poverty(Buhrs Bartlett, 1993). The quality of life issues such as pollution, public health and human environment problems have not been the subject of public concerns until the early 1970s, when they started to play a more important role in the public agenda. Poor disposal and waste management has lead to further environmental health and pollution issues with the cleaning cost estimated at over $600 million. (Ministry for the Environment, 1993; Minister for the Environment, Media Statement, 16 December 1992; Stevenson, 1992 cited in Buhrs Bartlett, 1993). There are several factor categories that help explain why certain conditions or problems have a better chance of reaching the political agenda. The Socio-cultural context of New Zealand society has been receptive to nature conservation issues. The countrys natural environment and scenic beauty is seen as unique which has offered a significant level of support allowing the conservation movement in New Zealand to develop professionally and politically skilled organisations. Significant progress in conservation policy has also been achieved due to the economic factors as well as political-institutional factors. The relative seriousness of environmental problems also contribute to the political recognition of problems. Convergence is another factor which may explain why problems receive political attention despite the weakness, or even absence, of domestic pressure and demands. This is a process by which outside influences induce countries to adopt similar policies, (Buhrs Bartlett, 1993) The RMAs role in New Zealand One of the environmental Lows in New Zealand is The Resources Management Act (1991). This is the only law which is dealt with on a daily basis by many around New Zealand. Having clean air and unpolluted beaches are some of the qualities of our environment that we rely and values, which the RMA seeks to protect. It also encourages the protection of areas of our natural environment that provides habitat for ingenious species. The RMA set out to create a more streamlined, integrated and comprehensive approach to environmental management. The focus of RMA is on managing the effects of activities rather than regulating the activities themselves. The purpose of this Act is to promote the sustainable management of natural and physical resources. In this Act, sustainable management means managing the use, development, and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic, and cultural wellbeing and for their health and safety. New Zealand Legislation: Acts available at: www.legislation.govt.nz/act/public/1991/0069/latest/DLM231905.html The RMA controls the environmental impacts of activities through the requirement to apply for Resource Consents as well as through any conditions for permitted activities included in the relevant regional or district plan. Conclusions Environmental Law in New Zealand as well as globally is in constant and continuous development and reassessing due to the continuously changing environmental issues nationally as well as internationally. The influences in the development on environmental law in New Zealand have been as much internal as external even though the environmental issues have been in the countrys agenda for a very long time. New Zealands environmental law has gradually change to meet the countrys needs for protecting the indigenous flora and fauna affected by the increasing population and continuously changing environmental conditions. The countrys heritage has suffered dramatic changes over time with species broth to extinction or close to it. Learning from past experiences and from other countries experiences, New Zealand has managed to protect its clean and green image by practicing a environmental issue prevention policy. References BÃ ¼hrs, Ton and Robert V. Bartlett (1993) Environmental Policy in New Zealand. The Politics of Clean Green? Chapters 2 New Zealand Legislation: Acts available at: www.legislation.govt.nz/act/public/1991/0069/latest/DLM231905.html Study Guide 1: Resource Management and Environmental Law Williams, D.A.R (1997). Environmental and Resource Management Law; cited in Study Guide 1: Resource Management and Environmental Law Bibliography Royal Forest and Bird Protection Society of New Zealand, (2005). Breaking Down Barriers The Resource Management Act Made Easy. Available from: http://www.forestandbird.org.nz/rm/index.asp Environmental Defence Society Website http://www.rmaguide.org.nz Ministry for the Environment lots of information about the Resource Management Act. Available at: http://www.mfe.govt.nz/rma/index.php Ministry for the Environment, (2006). Your Guide to the Resource Management Act. Available at: http://www.mfe.govt.nz/publications/rma/rma-guide-aug06/html/index.html New Zealand Legislation: Acts (2008). Resource Management Act 1991. Available at: http://www.legislation.govt.nz/act/public/1991/0069/latest/DLM230265.html Hardin, Garrett (1968), The Tragedy of the Commons Science, 162 (13 December), pp. 1243-1248. (Reprinted in: Ken Conca, Michael Alberty, and Geoffrry D. Dabelko, eds. (1995), Green Planet Blues. Boulder, Colorado: Westview Press, pp.38-45).

Violence and the Brain Essay -- Biology Essays Research Papers

Violence and the Brain Is there a biological basis for violent behavior in the brain? Recent research links "neurological impairments and psychoses" to violent behavior (1). The "psychological effects" of brain damage and disease can cause the mind to lose touch with reality leading to criminal and violent behavior (1). As a result, free will may be deserted in an individual suffering from abnormalities and chemical imbalances in the brain (2). Consequently, legal issues arise because violent offenders with mental illnesses or brain injuries are not always to blame due to the biological nature of their diseases (2). However, violence in psychiatric and neurological patients can be prevented for the most part through medication and "social support services" (1). A PBS video, "The Violent Mind" sparked my interest in the relationship between violence and the brain. The video presented several cases of violent assault which could be attributed to chemical imbalances in the brain (2). For example, the video illustrated the story of David Garabedian, a quiet passive man who murdered a customer of the lawn car company where David was an employee (2). David mixed lawn chemicals in their undiluted form which caused him to experience physical and mental changes in his body (2). Dr. David Bear, a physician from Vanderbuilt Medical School who looked into Davids case, claimed organophosphates in the insecticide poisoned the enzyme that clears away acetylcholine in the hypothalamus (2). Moreover, Dr. Bear stated that acetylcholine sends signals between the cells which coordinate aggression (2). This explains Davids reaction when the customer caught David urinating on her lawn (2). Before the urination episode, the action potential... ...h violent crimes of 17 "loners" (6). She links the patterns of their crimes "with seizures, which often are preceded by auras, frequently cause irrational behavior and loss of normal bodily functions and are generally followed by a sense of disorientation" (6). According to Pontius, the seizures resulted from "limbic kindling" due to the loners lack of interpersonal relationships (6). Bottled up feelings, emotions, and memories were "triggered by people and objects" as stated by Pontius (6). The research reviews and excerpt from the PBS video, "The Violent Mind", presented in this paper strongly support the evidence of a biological basis for violence in the brain. Internet Sources: http://www.crime-times.org/96d/w96dp9.htm http://www.crime-times.org/98a/w98ap10.htm http://www.crime-times.org/96d/w96dp6.htm PBS video: Episode 8 "The Violent Mind" Violence and the Brain Essay -- Biology Essays Research Papers Violence and the Brain Is there a biological basis for violent behavior in the brain? Recent research links "neurological impairments and psychoses" to violent behavior (1). The "psychological effects" of brain damage and disease can cause the mind to lose touch with reality leading to criminal and violent behavior (1). As a result, free will may be deserted in an individual suffering from abnormalities and chemical imbalances in the brain (2). Consequently, legal issues arise because violent offenders with mental illnesses or brain injuries are not always to blame due to the biological nature of their diseases (2). However, violence in psychiatric and neurological patients can be prevented for the most part through medication and "social support services" (1). A PBS video, "The Violent Mind" sparked my interest in the relationship between violence and the brain. The video presented several cases of violent assault which could be attributed to chemical imbalances in the brain (2). For example, the video illustrated the story of David Garabedian, a quiet passive man who murdered a customer of the lawn car company where David was an employee (2). David mixed lawn chemicals in their undiluted form which caused him to experience physical and mental changes in his body (2). Dr. David Bear, a physician from Vanderbuilt Medical School who looked into Davids case, claimed organophosphates in the insecticide poisoned the enzyme that clears away acetylcholine in the hypothalamus (2). Moreover, Dr. Bear stated that acetylcholine sends signals between the cells which coordinate aggression (2). This explains Davids reaction when the customer caught David urinating on her lawn (2). Before the urination episode, the action potential... ...h violent crimes of 17 "loners" (6). She links the patterns of their crimes "with seizures, which often are preceded by auras, frequently cause irrational behavior and loss of normal bodily functions and are generally followed by a sense of disorientation" (6). According to Pontius, the seizures resulted from "limbic kindling" due to the loners lack of interpersonal relationships (6). Bottled up feelings, emotions, and memories were "triggered by people and objects" as stated by Pontius (6). The research reviews and excerpt from the PBS video, "The Violent Mind", presented in this paper strongly support the evidence of a biological basis for violence in the brain. Internet Sources: http://www.crime-times.org/96d/w96dp9.htm http://www.crime-times.org/98a/w98ap10.htm http://www.crime-times.org/96d/w96dp6.htm PBS video: Episode 8 "The Violent Mind"