Donald Trumps Immigration Rhetoric

Donald Trumps Immigration Rhetoric Immigration has always been a controversial subject in the United States. As a new administration begins its four-year reign, many illegal immigrants are worried about their positions within the U.S. For centuries, immigrants have migrated to the U.S. in hopes of obtaining the â€Å"American Dream.† However, when Trump announced his intention to run for the presidency, the American Dream seemed to become inaccessible for many hopeful Mexican and Muslim immigrants. Trump’s campaign rhetoric hit home for many Americans, and his ideals made him a forerunner for the Republican party. His fear mongering resonated with what so many white, Midwestern and Southern Americans believe: illegal Mexican immigrants are coming into America to rape our women, murder us, and take away jobs from hardworking citizens and Muslim immigrants are coming here to create terror. This led him to propose the building of a wall between the U.S. and Mexican border. He also proposed a travel ban on p eople from six majority Muslim countries. These, he deemed were a safety measure. As Trump continuously utilized institutional racism to grow his popularity among U.S. voters, Mexican and Muslim immigrants’ fears heightened. His controversial election shocked the world, leading many world leaders to welcome immigrants into their countries with open arms. Justin Trudeau, Canada’s prime minister, especially pushed back against Trump’s proposed bills. Throughout this dark time in American politics, Canada has continuously led by example as to how immigrants should be treated. Recently, the Trump administration executed a mass-deportation of many illegal immigrants back to Mexico. With tensions already heightened between Mexico and the U.S., this angered the Mexican government. Throughout Trump’s campaign, he ignorantly stated that Mexico would be paying for a wall on the U.S.-Mexican border. However, Mexican President Enrique Peà ±a Nieto has continuously stated that Mexico would not pay for such an extravagant measure. Further, Mexican Foreign Minister Luis Videgaray has said that he will vigorously fight the deportations of undocumented immigrants back to Mexico, as well as refuse to accept any non-Mexicans sent across the border (Agren and Stanglin). Videgaray has also said that the treatment of Mexican migrants in the United States will top Mexico’s agenda when President Nieto meets with the U.S. Secretary of State and the Secretary of Homeland Security. This announcement came shortly after Trump’s administration unveiled its tou gh new guidelines for enforcing immigration laws (Agren and Stanglin). The Trump Administration’s new guidelines are an example of the bullying that was prevalent during his campaign, and that is continuing well into his presidency. The Mexican government has even suggested it will go to the United Nations to defend the rights of its migrants (Agren and Stanglin). Trump gained popularity because of his so-called tough-on-crime platform, however, he incessantly forces his political ideals on the world, straining U.S.-World relations. Mexico is an important ally, but Trump’s unfair proposals are further damaging an important relationship, as well as potentially hurting the American economy. Although the Department of Homeland Security has said the new directives focus on criminals and those who pose a threat to the U.S., they expand the authority of federal agents to deport most of the 11 million undocumented immigrants currently living in the United States (Agren and Stanglin). Mexican immigrants are not the only ones who Trump attacked on the campaign trail. He also proposed a ban on Muslims. The Muslim ban is an extremely offensive and racist directive, as it is like that of Adolf Hitler’s when he terrorized Germany’s Jewish community. The Muslim ban is yet another example of Trump’s use of ones’ identity to instill unnecessary hatred. Recently in the news, many immigrants from seven majority Muslim countries have been stopped at airports upon entering the U.S.   Many of these Muslims work for U.S. companies or are students, teachers, and people trying to visit their family members. On January 31st, 2017, Trump signed an executive order that indefinitely suspends admissions of Syrian refugees and limits the flow of other refugees in a process he has coined as â€Å"extreme vetting.† This executive order was a way to make good on one of his campaign promises to tighten border security and halt certain refugees from entering the U.S. According to CNN, the order bars all persons from certain terror-prone countries from entering the United States for 90 days and suspends the U.S. Refugee Admissions Program for 120 days until it is reinstated only for nationals of countries for whom members of Trumps Cabinet deem can be properly vetted. The countries impacted by this hurtful ban are Iran, Iraq, Syria, Sudan, Libya, Yemen and Somalia. His order also set out to cancel the Visa Interview Waiver Program, which once allowed repeat travelers to the United States to be able to forgo an in-person interview to renew their visa (Merica). Under the new order, these travelers will now have to have in-person interviews. Fortunately, Democrats across the country vigorously fought this unlawful ban. A Washington state federal judge issued a temporary nationwide restraining order which stopped President Trumps executive order banning citizens of seven countries from entering the United States (Seipel). The travel ban unfairly targets Muslims and violates the constitutional rights of immigrants and their families. Just like Mexican immigrants, Muslims have been targeted by Trump and racially profiled. After Trump was elected as the 45th President of the United States, Canada began to prepare itself for a surge in Mexican migrants. Canada reportedly lifted the visa requirement amid the uncertainty of Donald Trump’s promises to crack down on undocumented immigrants. Mexican visitors will now no longer need visas to enter Canada. This momentous move has Canada anticipating an influx in Mexican tourists and business travelers. The visa was enacted in 2009, by Canada’s previous Conservative government to address an increase in â€Å"bogus† refugee claims (The Guardian). This visa lift, instated right after Trump’s vows to expel millions of illegal immigrants, could cause a substantial increase in Mexican asylum seekers. According to The Guardian, between the years 2005 and 2008, refugee claims from Mexico nearly tripled. This made Mexico the number one source country for claims, with more than 9,400 claims filed by Mexicans in 2008. However, only 11% were accepted (The Guardian). The previously Conservative Canadian government embraced the visa as a means of border control. However, the Canadian government was pressured by Mexico to end the policy after the number of asylum seekers plummeted in 2015. Justin Trudeau, the current Canadian prime minister agreed to get rid of the visa in exchange for Mexico expanding its imports of Canadian beef (The Guardian). In an interview, Justin Trudeau stated that this move would make it easier for Canada’s Mexican friends to visit while helping grow Canada’s local economies and strengthen their communities. During the time the visa lift was announced, no one believed that Trump stood a real chance of winning the presidency against Hillary Clinton, the popular democratic candidate especially after his vows to build the wall along the shared border of the U.S. and Mexico.   Although Canada lifted the visa requirement for Mexican travelers without anticipating Trump’s presidency, it came at a time when Mexican migrants needed it the most. Canada has proven itself to be a leader and a friend in a difficult time for immigrants worldwide. An immigration lawyer in Toronto, Lorne Waldman, said that the lifting of the visa requirement is going to be a major factor attracting people to come to Canada. Anticipating an influx of migrants, Waldman compared it to the wave of Muslims that entered Canada after 9/11. As Muslims saw a significant crackdown on immigrants entering the U.S. from the Middle East, there was increase in the number of people who crossed the border from the U.S. into Canada at that time. Since day one of his campaign, Trump has used racist lingo. In his first speech, back in 2015, he labeled Mexican immigrants as rapists and criminals. He also went on to say that Mexico is not sending their best people, rather they’re sending people with lots of problems. He further stated that Mexican immigrants were bringing in drugs and bringing in crime. A few weeks later, he labeled Mexican immigrants as â€Å"killers.† Trump’s continuous use of hateful rhetoric is damaging. By labeling these people, he is instilling fear in the American people of a group of individuals, who for the most part, just want to create better lives for themselves. Trump even went so far as to say that the Mexican government was purposely sending us criminals because they don’t want to deal with them. By making false accusations, Trump is creating an unnecessary hatred of a group of people who are in the United States to obtain the American Dream that for over two hundred years, we have proudly represented as a core American value. By 2016, President Trump had made numerous racist remarks about people with Mexican heritage. He criticized a federal judge who presided over a fraud case against Trump University. He angrily suggested that the court ruling wouldn’t be fair because the jurist was Mexican. Curiel, an Indiana native, refused to dismiss the civil lawsuits Trump was facing. At many of his rallies, supporters chanted â€Å"build the wall,† a rallying cry of thinly vailed racism.   His hurtful rhetoric promotes racism. NPR published an article on Trump’s CPAC appearance. President Donald Trump made the claim that while he was speaking, immigration officers were out finding gang members, drug dealers and criminal aliens and throwing them out. Trump’s claims falsely create assumptions of the type of people coming the United States. As a third-generation American, I find these to be incredibly hurtful. My great grandparents fled from Nazi Germany to Colombia in hopes of a better life. From Colombia, they traveled to the United States. My great grandparents, just like so many other immigrants, came to the United States to follow the American Dream. The United States provides hope for so many people, and Trump has continuously made offensive statements that tarnish the American ideals. Canada’s prime minister Justin Trudeau weighed in on Trump’s controversial immigrant ban. He tweeted that Canada would welcome immigrants and refugees fleeing from persecution. He mentioned that diversity is where Canada’s strength lies. He also tweeted a #CanadianIsACanadian.† It is leaders like this who better the world. Trump has continuously bullied people and shamed them for their identity. He claims that refugees want to hurt Americans, however most of them just want to escape the war-torn countries they come from. Canada has also announced that they will continue to accept asylum seekers who are crossing the U.S.-Canada border. The number of refugees crossing the border into Canada has increased in recent weeks amid fears that President Trump will crack down on illegal immigrants. Trudeau told parliament that Canada remains an open country because Canadians trust their immigration system and the integrity of their borders and the help they provide for people looking for safety (Reuters). Immigration Minister Ahmed Hussen also said Canada would continue to honor the Canada-U.S. Safe Third Country Agreement (Reuters). This agreement requires Canada to turn back refugees if they make asylum claims at Canadian border crossings with the United States. However, Amnesty International and other groups are worried that the United States is not safe for refugees and are pressuring the Canadian government to abandon the agreement. The United States has always been considered the home of the free which is why it is such an attractive location for immigrants. Trump has made it okay for people to be openly racist. White nationalist groups across the country have voiced their support for his presidency and Trump has not denounced them. Steve Bannon, Trump’s chief strategist, is chairman of the alt-right website Breitbart News. Bannon’s ex-wife has accused him of being anti-Semitic. Bannon’s nomination was controversial as he is known to be racist. It is choices like these that make minorities feel unwelcome in the United States. Former president Barack Obama touted the United States as an accepting nation of people from all walks of life. He championed the U.S. as a provider of hope for immigrants worldwide, and as a country which allows immigrants to celebrate their heritage. Trump is leading America down a different path, a path that only celebrates white Americans, and leaves minorities flailing and feeling like they don’t belong. Recently a Kansas man shot and killed an Indian engineer, injured another and also an American. He reportedly yelled â€Å"get out of my country† and was making racial slurs prior to the incident. This is not the first time a racially-motivated act of violence has been perpetrated in recent months. When Trump began campaigning for his presidency, racist white Americans were reported to have committed hate crimes more than once. In some areas of the United States, Nazi propaganda has popped up, a seemingly common trend as Trump became president which has made immigrants, refugees, people of color, and the like uncomfortable. In fact, many people are starting to feel unsafe leaving their homes due to the horrific acts of violence that are taking place. Geana Javier, a columnist for the Daily Evergreen, recently wrote an article on hate speech abusing free speech rights. She acknowledged that we have reached a time where political divisiveness has attained extreme levels (Javier). It seems that since Donald Trump’s election, people have used the right to freedom of speech as a shield to protect hate speech.   As previously mentioned, Trump stated that Mexico is not sending the U.S. its â€Å"best people,† but instead rapists and drug dealers.   Geana Javier states that these comments target an entire ethnic group and paints them in a negative light. Through these sorts of statements, Trump has disguised his racist opinions as immigration policies. Trump is instilling fear in the American people of an entire ethnic group who, for the most part, are good people. Immigrants have not contributed any more to crime than was already happening in the United States. It is deeply distressing that intolerant social views are reflected in current political policy. Yahya Abu Romman, a 22-year-old language major, does not feel welcome in the United States. He is a Jordanian citizen, but Syrian born. Upon his college graduation, he planned a six-week trip to the United States to celebrate. He landed in O’Hare International Airport a few days after Trump’s travel ban was instated. It was there and then that the positive impression of the U.S. which his father had instilled in him evaporated (Arraf). Romman’s father was a graduate from the University of Illinois. He’d always told Abu that America is the land of justice, opportunity, generosity and kindness (Arraf). Upon landing at O’Hare, however, a border officer could not understand why Romman did not have a Syrian passport. Discussion ensued about his brother who had lived illegally in the U.S. and overstayed a visa before becoming a citizen (Arraf). Emails were found by the border guards on Romman’s phone to flight schools he’d applied to in the U.S. The officer was not convinced that he was not planning to stay in the U.S. after flight school. This led to Romman’s visa being cancelled. When he wanted to call the Embassy before signing the papers agreeing to being deported, he was threatened by the border officer and told that if he did not sign, he’d be banned from entering the U.S. ever again. Romman had visited the U.S. before and felt that the people were welcoming. At the present time, however, he feels that is not the case.   In his opinion, he is safer remaining in Jordan: America was an opportunity for people here before. But now, no one is actually thinking about the United States for a future place to live (Arraf). It is experiences like these that make many people wary of Americans. Trump has made it clear that if you are not white and a native-born American, you are not worthy of respect. A cinematographer was barred from entering the United States to attend the Oscars after his film was nominated for an academy award. The 21-year-old worked on the harrowing film of his home country’s civil war, The White Helmets, according to TIME Magazine. The Department of Homeland Security decided at the last minute to block Khaled Khateeb from traveling to Los Angeles for the Oscars (Katz). Because Khateeb was travelling from one of the Muslim majority countries which Trump had banned, he was barred entrance into the United States. This is just another example of how Trump is using immigration laws to promote his racist agenda. His ban affects many people from all over the world who have legitimate reasons for travelling to the United States. Khaled Almilaji is yet another victim of Trump’s controversial ban. He has been stranded in Turkey since January 2017. His wife, who is pregnant with their first child, patiently awaits his return to Rhode Island. A student at Brown University, Almilaji has worked feverishly to keep up with his classes from overseas. After a federal judge froze Trump’s ban, Almilaji had hope of returning to his wife. Unfortunately, his hopes were dashed as he realized the new reality for Syrians trying to study in the United States. Khaled Almilaji has said that now Canada is looking like a better option. Paul Davidson, the president of Universities Canada, has said they have seen an influx of applications from international students. The Universities Canada website, dedicated to providing information about schools in the country, has doubled in views since November (Students Turn to Canada in Trump Immigration Era). Canada’s most elite universities including McGill, McMaster and the University of Toronto saw large increases in applications from students in the United States. Rebekah Robinson, a senior at a predominantly white school in Maryland mentioned she was attracted to the University of Toronto because of the diversity of its student body (Students Turn to Canada in Trump Immigration Era). Robinson, who did not support Donald Trump in the recent presidential election, said that his nomination made Canada even more appealing. This is not an uncommon story in recent months. Typically, the flow of students has been greater from north of the border rather than south, however that it is changing as tensions in the United States continue to grow. Because of the recent changes in immigration policies in Canada, it is easier for international students to study there and stay upon graduation. When students were asked why they were interested in the University of Toronto, many reasons were cited, most notably that the University of Toronto is ranked among the top five public universities internationally and that it is a globally friendly college in a globally friendly country (Students Turn to Canada in Trump Immigration Era). Over the years, Canada has made attracting talent from around the world a focal point. The University of Toronto is no different, and proudly boasts that its doors are open to the world. The United States, however, is the opposite. Unlike Canada, the United States is now a dangerous place for many foreign nationals to be. President Donald Trump has continuously used demeaning terminology and racial slurs during his campaign and his presidency which has led many people of color to question their safety in a country which has for so long championed itself as the land of the free. Donald Trump’s hateful rhetoric makes it okay for people to be openly racist, and even worse, express it. Trump’s hate speech does not only affect Muslims and Mexicans.   Since the election, more than 1,000 hate crimes have been recorded. The Southern Poverty Law Center indicated that these numbers were normally expected over a six-month period. Further, there have been at least sixteen attacks on synagogues and other Jewish centers. Donald Trump, unfortunately, has kept relatively quiet about many of these anti-Semitic episodes. When reporters pressed him on it, Trump repeatedly stated that he was not racist, nor was he anti-Semitic. He even went so far as to say that any anti-Semitic behavior was the work of his political opponents (Memoli). There has been a surge in racist and anti-Semitic graffiti and vandalism since Trumps election, including the use of Nazi imagery. According to CNN, an astounding forty-eight Jewish Community Centers reported bomb threats in the month of January alone. Trump, who claims to love Jewish people, is under scrutiny for his lack of action and his indifference to these hate crimes perpetrated on the Jewish community. Trump’s Muslim ban is a prime example of his racist agenda and a measure that Canada has openly opposed. After Trump announced his plans to propose a ban, Justin Trudeau tweeted that Canada would be a welcoming place to all. Universities Canada has also expressed their support of internationals fleeing persecution, by welcoming students, faculty, and staff from around the world to its campuses. Unlike the United States, Canada proclaims that international immigrants bring new knowledge, talent, and skills to higher education, research, and innovation to the benefit of all Canadians (Students Turn to Canada in Trump Immigration Era). Some Canadian schools even offered to waive application fees for students who were affected by the order, and to consider transcripts of those hoping to complete academic work in Canada (Students Turn to Canada in Trump Immigration Era). Trump’s ban is an impediment to the free flow of people and ideas and the values of diversity and inclusion, which are of the utmost importance in a strong society. ATTN Video posted a video on Facebook which addressed how the economy would suffer without immigrants. According to ATTN Video, America would lose up to 70% of its farm workers, which would lead to skyrocketing food prices. Agricultural production could lose as much as sixty billion dollars. Job creation would also decrease as immigrants contribute to population growth which in turn increases the demand for workers. To say that the reason people don’t have jobs because of immigrants is untrue and ignorant. Without immigrants, social security would take a serious hit because not enough taxes would be paid in. In 2010, undocumented workers alone contributed 13 billion dollars to the fund. Experts say that increasing immigration could actually save social security. Instead of helping â€Å"make America great again,† Trump’s views and policies on immigration which are not based in fact, not only promote racism, but hurt the economy and ruin relations between the U.S. and other countries. Canada has said it will allow 300,000 immigrants to enter the country in 2017. Although this target is unchanged from that of 2016’s plan, it is well above the average number of immigrants who were admitted from 2011 to 2015. John McCallum, Canada’s Minister of Immigration, has said that making 300,000 the permanent target will lead to economic growth. Canada, which has an aging population and needs a younger population to boost its economy, is hoping that robust immigration will help address this problem.   And, over the next five years, Canada is hoping to increase the number of immigrants they accept to 450,000. Donald Trump wants to impose laws against immigrants which will be detrimental to the United States’ economic growth. The United States is a nation full of immigrants. Without these hardworking individuals, the economy will suffer. Immigrants start businesses and are thirty percent more likely to do so than people who are non-immigrants.   In fact, immigrants comprise eighteen percent of all small business owners in the United States today. Immigrant-owned businesses also create jobs for American citizens. The Fiscal Policy Institute did a study in 2007 on businesses owned by immigrants and found that 4.7 million people are employed by immigrants who own businesses. Not only do immigrants create jobs for millions of Americans, they are also more likely to create jobs for other immigrants. According to the U.S. Department of Labor, 7.5 percent of the foreign born are self-employed compared to 6.6 percent among the native-born (Furman and Gray). Immigrants are an important part of the American economy. They offer innovative thinking, which in turn helps the United States develop cutting-edge technology. Donald Trump would like the American people to believe that we do not need immigrants and has continuously promoted the idea that immigrants are dangerous to the United States and to its people. He would like people to believe that Mexican immigrants are drug dealers, murderers, rapists and other criminals and that Muslim ones are more likely to be terrorists than non-Muslim American citizens. Fortunately, not all Americans hold the same beliefs as our current President.   At least thirty-seven cities across the United States have indicated that they will not comply with Trump’s aggressive immigration policies. These cities, known as â€Å"sanctuary cities,† tend to be located in some of the more liberal areas of the United States. Cities including San Francisco, Portland, Seattle, and New York have stood in defiance against the new President of the United States. In retaliation, President Trump has stated that he will cancel federal funding directed to these cities, which may limit this act of federal disobedience. Donald Trump has made good on many of his promises regarding immigration through the many executive orders he has issued. These radical actions against immigration have made many feel less secure, and in some cases, downright terrorized. Trump has signed two executive orders that direct the Department of Homeland Security to start building the wall along the border with Mexico. This promise was a cornerstone of his campaign. Many are concerned that it will ramp up the repression of the undocumented and anyone who is suspected of being undocumented to a whole new level. His travel ban, another executive order Trump hoped to pass, targeted Muslims and singled them out as being more likely to commit terrorist acts and therefore, they must all be kept out. This ignorant belief highlights the fact that racism is still prevalent in the United States. It is astounding that a nation which is so diverse, voted for a man like Donald Trump. The hate and ignorance at the core of his political agenda, which is directed at some of the most vulnerable groups of people in the United States and the world, is clear. Among the provisions within Trump’s executive orders for his so-called wall is the instruction to detain every single undocumented immigrant. This also includes families with children who have been captured by the Border Patrol and who are held in a facility. His executive order would get rid of agents’ discretion to detain and release people under the condition that they appear for an asylum interview or court date (Katch). This means that detainees will have a much harder time obtaining legal representation and gathering evidence and witnesses to make their cases in court. Trump also gave the Border Patrol the ability to deport detainees who are waiting for their court dates. Another one of his executive orders will revive a program that was shelved by the Obama administration. This Secure Communities program allows for people who are processed in local jails to be checked against immigration databases. If any matches turn up, ICE is able to ask local law enforcement to hand over their prisoners for deportation (Katch). Both these orders tighten regulations on border crossing and immigrants. Most of the people migrating from Mexico to the United States do so to escape the hardships they face living in Mexico.   Their goal is to earn money to send home. Trump’s initiatives are yet another example of his distaste for immigrants. The fear immigrants harbor is well-founded. Trump has openly made hateful forms of Islamophobia and xenophobia central to his message from the beginning, and even though the campaign has ended, he has yet to back down. His racial rhetoric was made as an attempt to appeal to middle-class and working-class white Americans who harbor resentment towards a perceived â€Å"rigged system† which Trump has claimed numerous times benefits not only the rich, but the â€Å"line-jumping† immigrants who take jobs ahead of those who were born in the United States (Katch). He has maintained that these U.S. born Americans â€Å"played by the rules.† Throughout his campaign and presidency, Donald Trump has used hate speech and racist rhetoric to paint hard-working immigrants in a negative light.   He has continuously spoken negatively about minorities who are the backbone of the United States.   Our country, which has always prided itself on being the land of the free, is suddenly not so. The United States is now an unsafe place for people of color to settle. Donald Trump has employed well-known racists in his cabinet, and has yet to address the racially-motivated hate crimes that are occurring nationwide.   As a result, people have come to believe that under his presidency, hatred and racism is allowed. For years, people have flocked to the United States in hopes of attaining the American Dream. With Donald Trump as president, fewer people feel comfortable settling here. He has used racial slurs to tarnish the identity of millions of people and has made an effort to demonize them. Throughout this dark time in the United States, Canada has lead with the utmost grace. Canada has welcomed thousands of people into their country, and has let the world know that diversity is welcomed and wanted. Unlike Donald Trump, who seems to be advocating for a white America, Canada has graciously accepted immigrants and treated them with respect. The current president has lost sight of what it truly means to be an American. The United States, once a place where anyone could pursue their dreams, is now a place where many people are unsure of their future. In this dark time in American politics, Canada has led by example of how immigrants should be treated. Donald Trump and the American people could stand to learn a thing or two from our neighbors in Canada. Works Cited Canada PM: Will Not Halt Illegal Border Crossing Despite Opposition. Reuters. 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Researching And Managing A Variety Of Resources Essay

Introduction Throughout this task I will be researching and managing a variety of resources. The three main types are human, physical and financial resources. In this section of my coursework I will explain where I will find these resources and how they will be managed to create a profitable and successful business. Human resources include my staff and their needs. Physical resources include location, fixtures and fittings, raw materials and equipment. Financial resources include profit, sources of money and liquidity. Human Resources Businesses employ people, these are known as human resources. In a small business, the owner may be the only human resource. In larger businesses where many people work, everyone has a specific job relating to their qualifications such as manual workers or administration staff. If a business wants to succeed it is vital for them to have an organised human resource manager. Human resource is vital in forecasting how many employees they need and what qualifications they should have. A big business which is growing will need to find out how many new employees they need and how they will recruit them over the following year. The human resources are a part of the human resources management and is mostly the responsibility for the personnel or human resources department. Legislation has laid down laws to protect people in the workplace. These include: * Health and safety * Employment protection for example, dismissal, leave of absence and redundancy. * Training * Wage Protection * Recruitment These laws that have been put in place are to ensure that a business makes the right decisions and protects its employees correctly. If employees are happy within the workplace they are more likely to achieve goals. Health and Safety For 100 years now health and safety laws have been around which are updated every now and then as work conditions change. The Health and Safety Act 1974 is aimed to raise the standard for all the employees and to protect those whose safety could be at risk outside the business. Businesses need to make sure they have a safe and healthy environment. This can include: à ¯Ã‚ ¿Ã‚ ½ Providing and maintain safety equipment and clothing. à ¯Ã‚ ¿Ã‚ ½ Maintaining workplace temperatures. à ¯Ã‚ ¿Ã‚ ½ Ensuring adequate work space. à ¯Ã‚ ¿Ã‚ ½ Ensuring adequate washing and toilet facilities. à ¯Ã‚ ¿Ã‚ ½ Guaranteeing hygienic and safe conditions à ¯Ã‚ ¿Ã‚ ½ Providing breaks in the work time table. à ¯Ã‚ ¿Ã‚ ½ Providing protection for the use of hazardous substances. à ¯Ã‚ ¿Ã‚ ½ Providing protection from violence, threats or bullying. à ¯Ã‚ ¿Ã‚ ½ Providing a relatively stress free environment. Employers of a business are required to write a written statement of the policy on health and safety in the workplace. Management is responsible for carrying out the policy. This policy puts a duty on the employees so they take care of their safety and others whilst at work as they are legally obliged to comply with the rules drawn. If the employees of the business do not follow these rules they can be fined or even worst, taken to court. Not only do employees have to follow these rules but they are required to have training to ensure the health and safety of employees at work. At any time The Health and Safety Inspectors (HSE) have the right to carry out investigations in the workplace to make sure the health and safety is correct and up to their standard. The HSE have power to issue codes and protect people in various situations. For example: à ¯Ã‚ ¿Ã‚ ½ The control of pollution at the workplace. à ¯Ã‚ ¿Ã‚ ½ Control of substances that are hazardous to health à ¯Ã‚ ¿Ã‚ ½ The protection of individuals against radiation. à ¯Ã‚ ¿Ã‚ ½ Time off for safety representations and training. For my business I will have to make sure I follow the Health and Safety Act 1974. I will not be employing anyone so I will not have to worry about training them but I will have to make sure that my partner and I have the training required. The premises will have to be kept clean to make sure it meets the requirements also to make sure it is kept at the right temperature. UK Regulation When new work situations arose, regulations were introduced to deal with them. The most important regulation is the Working Time Directive 1998. It was introduced as there was concern with long working hours and employee rights. Such as: à ¯Ã‚ ¿Ã‚ ½ 20 minutes break after 6 hours work. à ¯Ã‚ ¿Ã‚ ½ 4 weeks annual paid leave a year. à ¯Ã‚ ¿Ã‚ ½ 11 consecutive hours rest in any 14 hour working period. à ¯Ã‚ ¿Ã‚ ½ A maximum working week 48 hours a week. à ¯Ã‚ ¿Ã‚ ½ An average 6 hours work in any 24 hours for nightshift workers. These regulations were amended in 2003 so that it could exclude people that worked in road, sea or rail transport. Also an employee is allowed to work longer than 48 hours a week if they agree with their employer. Because I will own the business with my partner I will not need to abide by these regulations as I am not employing anyone else. But in case my business expanded and I did need to recruit I would have to take these regulations into perspective to make sure I do not break the law. Training A new way to settle employees into their new job is to use induction training. They will not only be learning how to do their job but they will learn how the business works. For example: à ¯Ã‚ ¿Ã‚ ½ Personnel policies. à ¯Ã‚ ¿Ã‚ ½ Employee benefits and services. à ¯Ã‚ ¿Ã‚ ½ The organisation and management activity. à ¯Ã‚ ¿Ã‚ ½ History development. à ¯Ã‚ ¿Ã‚ ½ Terms of employment. à ¯Ã‚ ¿Ã‚ ½ General information that has to be done. à ¯Ã‚ ¿Ã‚ ½ Physical facilities. à ¯Ã‚ ¿Ã‚ ½ The role of a supervisor. à ¯Ã‚ ¿Ã‚ ½ Safety measures and department rules. à ¯Ã‚ ¿Ã‚ ½ Detailed description of the employee’s job. à ¯Ã‚ ¿Ã‚ ½ The values that a business feels are important such as good attendance. à ¯Ã‚ ¿Ã‚ ½ Follow up after several weeks. The aims of training What training tries to achieve is training employees to learn new skills or improve old ones. It has been proven that a well trained workforce has benefits for a business: à ¯Ã‚ ¿Ã‚ ½ Well trained workers are more than likely to be more protective. This helps a business fulfil its overall objectives like increasing profits. à ¯Ã‚ ¿Ã‚ ½ It will help create a more flexible workforce. à ¯Ã‚ ¿Ã‚ ½ It helps the introduction of new technology. This means that new machinery or productions processes could be introduced. à ¯Ã‚ ¿Ã‚ ½ It could lead to increased job satisfaction. If the workers are well motivated employees will be more productive. à ¯Ã‚ ¿Ã‚ ½ Accidents should be reduced if employees are trained in health and safety. à ¯Ã‚ ¿Ã‚ ½ The image of the business may be improved. Customers will trust the employees more if they are confident and have knowledge on products or processes. Good applicants will be attracted to the job if there is a training programme. à ¯Ã‚ ¿Ã‚ ½ There could be more of a chance of employees being promoted. The business should qualify people in important posts. à ¯Ã‚ ¿Ã‚ ½ Training may give the business an advantage over rivals as it is important in competitive markets. à ¯Ã‚ ¿Ã‚ ½ Training is important if a business wants to be able to operate in international markets. The need for training Many businesses say that if it was up to them then they wouldn’t pay for training as it is too expensive and it won’t give them many benefits. If this was the case then there would be a market failure. When this happens the government tries to fix the problem either by: If this is the case there is a labour market failure. When market failure happens the government usually attempts to solve the problem by either: à ¯Ã‚ ¿Ã‚ ½ Providing incentives for individuals or to encourage businesses to encourage employees to train. Or à ¯Ã‚ ¿Ã‚ ½ Providing government training courses. The government sets training, education or learning targets in the UK. There is a major problem in the UK with supply of labour skills shortages among workers. This is when there are a great number of vacancies because people do not have the skills, abilities, qualifications or experience needed to do the jobs which the employers are requiring. Methods of training There is a variety of different methods used when it comes to training an employee. Some types are on the job, others are away from the workplace. Sometimes it is a combination of both. On-the-job training is the traditional way of doing it as an experienced worker can show the new employee what to do so they do it the right way and also this way they will not need to hire a specialist from outside the business to train the new employee, this will save the business money. -Coaching: A coach will guide the trainee through a process or use of equipment in the same way a footballer is trained. -Mentoring: In this case the trainee is paired with the most experienced worker. The trainee will carry out the job but will discuss problems with tutor to help solve them. -Job rotation: This is when an employee works in different departments for short periods in order to pick up skills from each. This is so whenever the employee is promoted and reaches the top of the business they have a range of experiences. -In-house courses: A business may put on courses for their employees. Personnel departments may run courses for marketing and finance managers within the business. This could be to help them improve staff motivation. Some businesses even have their own training facility. -Self-awareness training: This is when the trainee completes self-assessment questionnaires, the questions may be about personal values and individual styles of learning, personality and how the individual interacts with others. The trainee will then receive feedback from the person who is carrying out the questionnaire. -Traditional and modern apprenticeships: Businesses in the past have took on trainee workers. They would have done an apprenticeship over a period of time. When they qualified they would have become employees of the business. Some of these schemes do not operate today. -Graduate Training: Business may run graduate training. These are for graduates with a degree and qualifications and are mostly used to train employees to become senior or management positions. -Vocational courses: There are a number of organizations that provide vocational training. This is when trainees work towards a vocational qualification. This is also known as hands on job. -E-learning: This is when trainees make use of multimedia to learn. It takes a number of forms. A business may use software to teach all its employees how to use Microsoft word for an example. Trainees can also learn by using materials. If ever my partner and I have to recruit we will use on-the-job training as it is cheap and easy. They will be provided with the knowledge to operate all the machines efficiently. I will ensure that all my employees know how to: * Operate all machines. * Take temperature readings and record on a time sheet. * Clear simple faults. * Ensure that all machines are configured appropriately. * Cash up correctly * Ensure the machine are clean and hygienic * Make the milkshakes efficiently * Monitor waste, litter and use by dates. Payment Methods All employees must be rewarded for what they do as no employee is going to work for free. There is many ways in which this can be done. -Time rates: These are used when workers are rewarded because of the amount of time they spend at work. Employees can be paid wages weekly or monthly. Employees who work longer than normal should be paid overtime or even a higher pay rate. In the UK, holidays with pay are included for most British industries. -Piece rate: This is the easiest method to use. This is when employees are paid an agreed rate for every product that they produce. This is why it is also known as Payment by Result system. This is mostly used in the textile industry. The more the workers produce the more they earn. But this system can cause problems. If machinery fails or if the quality is poor employees have no basic pay to fall back on. Because of this most organizations are made up of two elements. They have a basic pay on the amount of time worked and when a target has been reached. -Commission: This makes up the total earnings of the employees. Commission is like piece rate, it is a reward for the value of work. Employees are paid a percentage of the value of each service or good that is sold. It indicates the level of business that is won rather than just the output achieved. -Fees: These are the payments for people one-off tasks. Tasks tend to be geared towards the needs of the customer instead of the standard of service or product. The amount paid will depend on the time taken to finish the task. -Fringe benefits: These are payments instead of wages or salaries. They include things like profit related bonus schemes. Fringe benefits have become more important. Some employers think providing benefits is cheaper than pay as they do not have to pay National Insurance contributions. Ongoing Management I will undertake ongoing management so that I am sure every task is undertaken efficiently. My partner and I consist of all marketing and financial skills. These skills are vital for increasing the knowledge and are the key to opening new doors to the future of my business. I also need these skills so that I can get a good understanding of the running and expanding of our business, my skills will also help me to make better decisions for my business for instance, making better use of financing and reinvesting in my business. Although once the business has expanded the business will need a book keeper as they provide financial support to small to medium sized businesses. The book keeper will keep track of all the revenue and all the costs of the business, the book keeper will also have to keep records of the entire payroll and do the accounting for all stock. The book keeper will at least have to attain NVQ Levels 2, 3 and 4 and produce performance criteria to show previous experience as a high quality book keeper will only be employed as we do not want an inexperienced book keeper as they may not keep track efficiently of all the costs. Recruitment of Employees The four most popular ways of recruiting externally are: Job centres – These are paid for by the government and are responsible for helping the unemployed find jobs or get training. They also provide a service for businesses needing to advertise a vacancy and are generally free to use. Job advertisements – Advertisements are the most common form of external recruitment. They can be found in many places (local and national newspapers, notice boards, recruitment fairs) and should include some important information relating to the job (job title, pay package, location, job description, how to apply-either by CV or application form). Where a business chooses to advertise will depend on the cost of advertising and the coverage needed (i.e. how far away people will consider applying for the job Recruitment agency – Provides employers with details of suitable candidates for a vacancy and can sometimes be referred to as ‘head-hunters’. They work for a fee and often specialize in particular employment areas e.g. nursing, financial services, teacher recruitment Personal recommendation – Often referred to as ‘word of mouth’ and can be a recommendation from a colleague at work. A full assessment of the candidate is still needed however but potentially it saves on advertising cost. Any recruitment will be undertaken by the business owners as they will be responsible for any employees within the business. As both the owners have a professional manner and excellent communication skills with the ability to spot appropriate employees that are confident with a positive attitude. Business owners will also be responsible of all the legal aspects and will have to know all the age categories for employment and pay at least the minimum wage to any employees. Every employee will have to be issued with the terms and conditions of the business that will have to be signed and returned to the business owners, which will then confirm the employee agrees with the conditions of employment. In order for quality control and quality assurance to be maintained I will ensure to provide a good standard of equipment such as blending machines, and employees are of a high standard. If we did ever need to recruit we would use job advertisements as it is cheap and effective as many people look in the newspaper and in shop windows for jobs. Minimum wage The National Minimum Wage (NMW) is a minimum amount per hour that most workers in the UK are entitled to be paid. The national minimum wage has risen around two percent in each age category. The government has extended the adult minimum wage rate to 21 year olds from October 2010. Previously the qualifying age for the National minimum wage was 22. The National Minimum Wage threshold applies to the following: * à ¯Ã‚ ¿Ã‚ ½5.93 an hour for workers aged 21 and over * à ¯Ã‚ ¿Ã‚ ½4.92 an hour for workers aged 18 to 20 * à ¯Ã‚ ¿Ã‚ ½3.64 an hour for workers aged 16 to 17 Once my business has expanded and I feel that I can start employing new staff, it is vitally important that I acknowledge and apply the national minimum wage rates to all my employees so that I am not breaking the law. To ensure staff are kept happy we will always pay them an amount over the national minimum wage to each age category, this is because I want to gain respect and trust from my staff. I will make sure my staff receive a Christmas bonus and in times where my business is making a lot of profit I may offer them bonuses. National Insurance Business owners will also be responsible for ensuring that all of the employees hold a national insurance number otherwise we could be breaking the law. If I did end up employing staff they would have to pay into the National Insurance contribution to HMRC. NICs are calculated and deducted within an employer’s payroll system. Due to my business being small this would have to be paid on a regular basis. Physical Resources Physical resources are the resources that are available to a business. This could be the things that are needed to run the business each day for example machinery. Physical resources include machinery, equipment, premises and materials. If a business does not have premises they may not be able to establish and customers will not know about them, this is why it is important for a business to have premises. Premises are important as businesses need to sell products or run a service. If this isn’t the case then people may decide to run their business from home as it is cheaper and you don’t need to buy or rent new premises. There are drawbacks to this though as the customer may find it hard to find the house as it may be in an area that is not so familiar to them or it may cause problems within the family. I chose to locate my premises in Almancil. The rent per month is à ¯Ã‚ ¿Ã‚ ½600 and the premises are in good condition. There is a customer car park, a kitchen, a bar area and toilets for both customers and staff. The reason for choosing these premises was because it is relatively cheap and in the middle of the town which is very busy. Customers will not have to park their cars on the road as there is a car park and also I could advertise my business in the town. I live close to the premises so I will have easy access to it and it is nearby the motorway. I will have to abide by some rules to keep the business safe and secure: à ¯Ã‚ ¿Ã‚ ½ To be on the safe side I am going to have CCTV to do this I need to tell the information commissioner. à ¯Ã‚ ¿Ã‚ ½ As my business grows I may need to hire more people. I will have cleaning materials that are highly flammable so because of these I will need a fire certificate. à ¯Ã‚ ¿Ã‚ ½ Because my business is a milkshake bar and I am putting food into the milkshakes I will need a food premises registration. à ¯Ã‚ ¿Ã‚ ½ I will also need a performing right society. This is a license that allows me to play music in the background I can’t play music in the background because it is copy right I can’t play someone else’s music without a license. If I don’t get a license I can always just play the radio. I also have to abide by the rules of the food industry this is also required by law: à ¯Ã‚ ¿Ã‚ ½ The General Food Regulation. This is the legalisation in the UK in line of requirements of the EC regulation and to keep human health. It also helps attract customers. à ¯Ã‚ ¿Ã‚ ½ Food safety. I am required to keep certain foods at a certain temperature. à ¯Ã‚ ¿Ã‚ ½ Food colouring regulation. It helps control and limits the/use of colouring in the food I sell. à ¯Ã‚ ¿Ã‚ ½ Genetically modified novel foods. A novel food is defined as a food or food ingredient that does not have a significant history of consumption within the EU before 15 May 1997. Machinery With my loan I will purchase three blending machines at the start up of my business. The machines are a vital necessity to my business and it is my job to make sure that they are of a high quality and in full working order. My blending machines will need to be eye catching and appealing to the customers as they will be surrounded by chocolate bars, otherwise I may not make as many sales as expected and this could lead to debt because if I am not making enough money I will not be able to pay back the bank loan which will then lead to a bad credit history. I will have a fridge and freezer to keep the milk and ice cream cold. Stock It is not good to have too much stock as it can go off but in my case the chocolate bars normally last for a while so that shouldn’t be a problem but milk and ice cream can go off easily so I need to make sure it is kept in the fridge or freezer and does not go out of date. On the other hand I don’t want to have too little stock as a customer might ask for something and we may not have it and this can mean a loss in profit as the customer may go somewhere else. Throughout my research into stock I found it extremely hard to find a supplier that provides milkshake ingredients. When I found a suitable supplier I found that it was a little high in price. So I decided that I would continually research the milkshake market place to source new stock to find the most extensive range of high quality products and provide a comprehensive choice of chocolate. I am aware that a healthy balanced diet is important to help maintain a healthy body weight and reduce the risk of diseases such as heart disease, cancer and diabetes. A healthy diet should include bread, potatoes, cereals, fruits and vegetables, together with moderate amounts of milk, dairy products, meat, fish and small amounts of foods containing fat and sugar. Food from the largest groups should be eaten most often and foods from the smallest group should be eaten least often. My milkshakes will mostly contain milk which is a vital ingredient that the body needs; Vitamin A. I will visit lots of different wholesalers such as Costco, Makro, Break brothers etc., to find the highest quality ingredients and also to get the best value for money. However quality is the key. Finding the best products is as important to me as it is to the customers, which is why I will always look for food whose origin is recognized worldwide for its excellence. Financial resources A business requires finance to survive. All new businesses start up differently, some find that they need help from outside such as bank loans, others start up without borrowing a penny. If a business does decide they want to borrow money they should know how much they need, what it will be used for and how they will repay it. Cash flow forecast is what the business predicts to spend and it’s not likely that it will be an exact reflection of the way the businesses financial year works out to be. It will however serve as a plan to work for the future. Breaking down the first year into a monthly financial period will help the business work out their income and outgoings will compare in each period. This lets the business know when their borrowing requirement will be at its best. The business needs to be confident that it will generate enough money to repay the lender. The forecast will also help with this. It is a tough economic climate at the minute with the credit crunch. So lenders are more reluctant to lend new businesses money. In order to get them to give businesses money they need to be sure that they will get their money back. So if a business is not clear about how much they want to borrow, how you it’s going to be paid back and if there is no security on the offer they will not hand out any money. This is why it is vital that the business has an idea of they need. A good way to do this is to have a business plan. When we first start up our business we need to know how much start up capital is needed. Start up capital is the money that my partner and I invest into the business to start it off. A loan can be taken up to pay off the start off capital or me and my partner can pay, or if the owner can only afford a certain amount then the bank will contribute and pay the rest of the money needed. The legal form of the business will determine how much capital can be invested. A public limited company can raise capital from a stock market issue of share, when it ‘floats’ as a new company, the public can buy shares. A limited company can also raise capital through a specialist ‘Venture Company’ which can purchase shares, but conditions are attached. /limited companies can also raise capital from Business Angels. This is a picturesque term used for wealthy individual who invest in the start-up and growth of businesses in return for a share and sometimes an active part in the company. Business Angels will often have already made a fortune through other business ventures and will possible run a business of their own. A loan may also be taken out for the start up costs of the business and the bank will match whatever the sole trader has put into the business. When decided which source of finance I am going to use for my business I will need to take into consideration that there are many different things I can choose from. So to choose the right Loan for my business I need to do a lot of research into what each source does. Term loans are the most common general purpose loan. They are used for working capital, expansion, refinancing, and acquisitions. You can repay them monthly over a term based on the expected lifespan of the assets you’re purchasing. This straightforward loan is most common for larger amounts. Short term loans are almost always set up for terms of one year or less, and are repaid in a lump sum at the end of the term, instead of monthly. They’re usually for smaller amounts – less than à ¯Ã‚ ¿Ã‚ ½100,000 – and are best for seasonal inventory build up or small investments with quick returns. Equipment financing is generally easier to obtain than general lines of credit, simply because the equipment you buy serves as direct collateral for the loan. It is also less risky, in that if you are unable to make your payments, you don’t have a lien against your entire business or your personal real estate: all you lose is the equipment you bought. Depending on the size of your business, equipment financing can cover huge expenses into the millions of dollars. Bank Business Loan A Business loan is a fixed medium-term loan, typically for between 3 & 10 years, it only covers the purchase of the capital items such as machinery and initial start up stock, as well as any vehicles needed to run and provide the business. Interest is charged on any bank loan and the rate depends on UK base rate. Private Loans A member of family may provide a loan towards the capital, however this only normally occurs when a small business is owned by a sole trader, except if a sole trader has an extremely wealthy member of their family. I may need some assistance when investing my half of the capital and may borrow from a relative; this then means I will not be paying any interest and I will be able to pay back any money I can afford to when I like. Long terms of finance Share capital: This is the most important source of finance. Share sales can raise large amounts of money known as issue shared capital. The maximum amount of money stakeholders want to raise is known as authorized share capital. This is because it is not repaid by the business. When the share has been sold the buyer is entitled to dividend. Sometimes a business may need to retain profit to help with future activities. Share holders can make a capital gain by selling their share for a higher price. Shares are usually sold back to the business. Public limited shares are sold in a market called the stock exchange. Loan capital: This can come from a number of resources: à ¯Ã‚ ¿Ã‚ ½ Debentures- This is a creditor of the company meaning that holders are entitled to an agreed rate but have no rights to vote. The amount that was borrowed must be repaid on a certain date. à ¯Ã‚ ¿Ã‚ ½ Mortgage- Limited companies can raise money from share and debentures. Small enterprises need long term funding, in order to buy premises. à ¯Ã‚ ¿Ã‚ ½ Industrial loan specialist- Many organizations provide funds for business and commercial purposes. These specialists cater for businesses with difficulties in raising funds from conventional sources. Over the years there has been a growth on venture capitalists. The give funds to small and medium sized businesses that have potential but are too risky for investors. Government assistance Another form of financing for business start-ups is promoted by the UK Government, through the DTI (Department of Trade and Industry) which provides assistance to new and expanding businesses in the form of grants and loans. This assistance is known as SFI (Selective Finance for Investments in England) it is designed for business operating or planning to operate in the designated assisted areas. However there is another newer scheme called the Enterprise Capital Funds which provides share capital finance for small growth orientated businesses. Short terms of finance Bank Loan Loans require an agreement between the borrower and the bank. The borrowed amount must be repaid over a certain period of time. Usually bank loans are short or medium term. Banks aren’t keen on long term lending because of their need for security. Banks will sometimes change overdrafts into loans so that businesses are forced to repay at regular intervals. Hire Purchase This is mostly used by small businesses to purchase machinery and plants. A higher purchase agreement needs a down payment by the borrower. They agree to repay the remainder in instalment over a certain payment. If the buyer falls behind on payments the finance house can repossess the item. Finance houses are less selective than banks. Trade Credit Businesses often buy raw materials and pay for them later. They usually pay within in 30-90 days. Paying using trade credit appears to be an interest free way of raising finance. It is profitable during periods of inflation. Many companies encourage early payment by offering discounts. Leasing- This is a contract for a business that requires the use of resources such as property machinery or equipment but in return they must get regular payments. The ownership never passes to the business in this type of finance. With a finance lease the agreement is usually for three years or more and at the end the business is given the choice of buying the resource. An operating lease is a short agreement and the payments are treated as revenue expenditure. Capital is the money invested in a business made by the owners. The legal form of my business will determine how much capital can be invested. Since my business is a partnership we will have to make up our capital with a personal contribution as well as a loan from the bank. It is vital for me to show the bank that I am also making a contribution to the start up of my business otherwise the bank will not provide me with the loan that I need. I will be taking out a bank loan of à ¯Ã‚ ¿Ã‚ ½12,000 to cover some the start up costs of my business. This is due to the fact that I need machines: to make my product, initial stock: to start up with, EPOS and money to advertise. What is a Bank Business Loan? A Business loan is a fixed medium-term loan, typically for between 3 & 10 years, it only covers the purchase of the capital items such as machinery and initial start-up stock, as well as any vehicles needed to run and provide the business. Interest is charged on any bank loan and the rate depends on UK base rate. For my business I will be taking out a Bank Business Loan of à ¯Ã‚ ¿Ã‚ ½12,000. The loan has 4 year term paying à ¯Ã‚ ¿Ã‚ ½250 a month. I decided on a four year loan as I did not want my business to go into a negative cash flow. As I would then not have enough money to restock and could lead to my business failing also making a less amount of repayments each month allows me to keep on track of my finances. I believe that taking out a business bank loan is the best option for me because I can pay the money back monthly instalments and to keep track of my financial resources I have created a cash flow forecast along with a table to show the money coming in and going out each month. To ensure that I am managing my resources properly at the end of each month I would analysis the table and make a summary of the situation I am in at that time (whether or not I am ‘financially healthy’). I will also be able to determine what I can do with the business in order to improve and progress it. I can do this using my cash flow forecast which has an estimated recording of my income and expenditure and can be changed at any time for instance if I realised my stock was costing me less than I thought I am able to justify it with the correct amount. It is vital for me to monitor my finance due it enabling me to make more sensible choices when investing my money back into the business.

European Union Environmental Business Law Essay

The Treaty of Rome which established the European Economic Community in 1958, did not originally included any provisions for the safeguard of the environment It was not until 1985 that the Single European Act inserted Title VII containing articles 130r to 130t in the Treaty of Rome that made environmental protection a lawful objective of the Commission and laid down the core principles upon which the environmental policy was based (Poostchi 83). The core principles as stated by Poostchi are â€Å"the principles that preventative action should be taken, that the polluter should pay and that environmental damage should be rectified at source. These legal principles as given by the Single European Act were further refined by The Maastricht Treaty which enhanced the scope of the environmental policy of the European Union. Today the European Union has over 200 directives (legal texts) with environmental policies under the broad classifications of Air, Biotechnology, Chemicals, Civil Protections and Environmental Accidents, Climate Change, Land Use, Noise, Ozone Layer Protection, Soil, Waste and Water as well as issues like public participation in environmental decision making and public access to environmental information. Development and Implementation of Environmental Law The EU has the option of adopting environmental legislation by way of three primary legal instruments: (i) directives, (ii) regulations, and (iii) decisions. Regulations and decisions are binding in their entirety and are directly applicable within Member States; directives, are binding as to the result to be achieved, but leave to the Member States the choice of form and method, which means that member states have the power to enact local legislation based on a directive to further the cause of initiating it in the first place (Goodrich). The branch of law dealing with the environment has the same system of development and enforcement as other laws developed by the commission. The primary responsibility of EU is to develop environmental laws, while the duty of implementation and enforcement rests in the hands of the 25 member states. Herein lays the strength and weakness of the system. The strength lays in the fact that member states have greater power of enforcement than a council of 25 states, but at the same time member states enjoy considerable flexibility in enforcement which often leads to delays or avoidance of implementation, thereby frustrating the purpose of the law itself. The Legislative Process The Commission is responsible for ensuring compliance with environmental laws. By undertaking its own assessments, through complaints by EU parliament and petitions by EU citizens, the commission monitors the degree of compliance. If after review there is evidence of a breach of law, the EU initiates the infringement proceedings against the violating state. There are three categories of breaches 1) Non-communication cases, in which a member state fails to, inform EU about the adoption of national legislation implementing a directive after the deadline for implementation has passed. 2) Non-conformity cases, in which a member state implements a directive incorrectly. 3) Bad-application cases, in which a member state has failing to correctly apply community law in a particular case. The infringement procedure contains several steps which are outlined in Article 226 of the Treaty. The Commission usually upon receiving a case, issues a formal notice to the government, after which it can issue a reasoned opinion. If the member state still refuses to comply the commission refers the case to the European Court of Justice, for a ruling. Non-compliance with a ruling can lead to the imposition of a fine or lump-sump penalty on the member state. In April 2004 environmental liability directive was issued by the EC with the aim of preventing and remedying environmental damage. According to the directive (which is to be adopted by member states over a period of 3 years) Environmental damage can be remedied in several ways depending on the type of damage: For damage affecting the land, the Directive requires that the land concerned be decontaminated until there is no longer any serious risk of negative impact on human health; For damage affecting water or protected species and natural habitats, the Directive is aimed at restoring the environment to how it was before it was damaged. Another development in the environmental law front is the possibility (proposal for a directive) of criminal action against serious negligence and intentional damage. According to a press release by the EC (Brussels, February 2007) the law would apply to both natural and legal persons. The proposal lays down the maximum penalty, and allows member states to impose more stringent measures. The motivation to introduce criminal action is because although EC Environmental law has existed for 30 years, there are still many cases of severe non- observance of Community environmental law. According the Seventh Annual Survey on the implementation and enforcement of Community environmental law 2005 (Commission Staff working paper Brussels, 2006) there has been a significant reduction in the number of open cases at the end of the year 2005 (798 cases) as opposed to 2004 (1220 cases). However the Environment sector, still accounts for one-fourth of all open cases concerning non-compliance with Community Law under investigation by the Commission. EU Environmental Law and International environmental law Over the past 30 years EU had made tremendous impact on environmental law legislation by enforcing very stringent environmental standards across its member nations. Environmental laws are discriminatory by nature, as they favor countries with developed infrastructures, wealthy industries and higher per capita incomes. For EU to expect all its trading partners (irrespective of their national income and stage of development) to comply with its strict Environmental laws, means that it will seek to eliminate any advantage that they might have in terms of lower prices. Environmental laws can serve as a form of non-tariff trade barrier. As in the case if Shrimp-Turtle case (USA banned the import of shrimp from countries which in the process of shrimp trawling accidentally caused the death of sea turtles. These countries were expected to install US made Turtle Excluder Devices (TEDs), so that the shrimp trawling would become environmentally friendly again) (Schaffer et al. 628). The net effect was to increase the sales of a US industry (the industry making TEDs), and possibly raise the price of imported shrimp products. (Schaffer et al. 623) United States ran into trouble with the WTO on the ban on shrimp products, because it was declared uncompetitive and unfair. Subsequently USA had to redefine its guidelines, so that exporting countries which employed a programme similar to that of the USA for turtle protection were given a certification to export again. Impact on FDI and International Businesses EU’s has emerged as the leading incubator for environmental rules and regulations, and this has major implications for all businesses hoping to work with the European market. This includes businesses within and outside the European Union. This is mainly because of two reasons. Businesses must comply with EU regulations if they wish to continue supply and demand to the region. Secondly like all highest forms of legislation (and constructive action in general) the EU legislation set the benchmark for environmental regulation and there may come a time when they will be followed and implemented across the globe. Recently the Commission enacted 3 new laws, which will have a significant effect on businesses trading in EU. The three regulations are REACH (Registration, Evaluation, and Assessment of Chemical Hazards); RoHS (Restriction of Hazardous Substances); and WEEE (the directive on Waste Electronic and Electric Equipment). All three are complex pieces of legislation that will affect a vast range of products, chiefly electronics that are made, sold, used, and disposed of across 25 EU member countries. (Elkington) The first legislation will make mandatory testing of over 30,000 chemical substances for human safety. This will put the fate of several chemical companies in jeopardy. RoHS seeks to ban six substances out of the E. U. economy: lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls (PBBs), and polybrominated diphenyl ethers (PBDEs). This will make it nearly impossible to manufacture semiconductors for electronic items. The third legislation (WEEE) will affect manufacturers of products like TVs, refrigerators, or cars. This take-back legislation will force companies to take the responsibility of recycling packaging material of their product and also ensure recycling of discarded products (end of life accountability). This legislation takes root from the concept of recycling all waste material so that some of it can be re-absorbed (re-claimed) in the productive process, instead of going unutilized into landfills. These legislations will have a number of implications for local and foreign countries in Europe. Firstly they will have to invest in take-back and recycling infrastructure. It is generally observed that big companies adopt the law, in fear of retaliation from NGO’s, and because they refused to be driven out of markets because of these de-facto trade barriers. Korean and Japanese countries demonstrated this when they took a lead in adopting the ISO 14000 standards, so that they cannot be discriminated in the European Market. The rate of adoption of companies from these countries was faster than that of EU companies themselves. The possible impact of stringent environmental laws is felt on domestic companies as well. During a period of economic downturn and business slowdown, most businesses are reluctant to enforce environmental legislation. Also the cost of monitoring the legal environment for businesses increases. EU is actively taking notice of breach in compliance with environmental laws and the process of pursuing legislative action at the European court is a time wasting and expensive affair. According to the OECD report on FDI, the 2003 FDI inflows to European countries were 23 per cent lower than in 2002. But according to data available with UNCTAD, for the period 2004-2006 FDI picked up again and the EU countries recorded a growth of 30% . Thus it cannot be determined to a conclusive level whether the changes in FDI have resulted because of the enactment and enforcement of environmental laws. It may be noted that European Union’s proactive behavior in enacting environmental legislation could be because they had a smaller land mass and learned the importance of conservation before other bigger countries like US. Whatever the case maybe, it remains to be seen whether the extensive array of laws will improve the environment to any noticeable degree. Given the number of years it takes for degradation to become noticeable any fruits of improvement will take time to manifest themselves. Till then both foreign and domestic businesses will find themselves facing a host of challenges, ranging from legislative action, forced compliance, rising environmental compliance cost and the like. However it will also open opportunities for businesses to develop eco-friendly products, and maintain a positive image in the minds of consumers.

The Pre-Trial Motions Stage of a Criminal Case

After it is decided that a criminal case will proceed to trial, pre-trial motions can be presented to the court that can influence how the trial is conducted. Those motions can address many different topics and issues. Pre-trial motions can address the evidence to be presented at the trial, the witnesses who will testify and even the type of defense the defendant can present. For example, if a defendant plans to plead not guilty by reason of insanity, a pre-trial motion must be made to the court and a hearing conducted to determine if that defense will be allowed. The same is true if the defendant pleads guilty but mentally ill. Each pre-trial motion can prompt a mini-trial before the judge in which witnesses can be presented. Most pre-trial motion hearings consist of the prosecution and defense making oral arguments to support their case, along with written arguments citing case law precedents. In pre-trial motions, the judge makes the final decision. There is no jury present. For each side, depending on how the judge rules, that ruling can be the basis for a future appeal. The defense can argue that the judge made an error in the ruling, affecting the outcome of the eventual trial. Pre-trial motions can address a broad range of issues. Some common ones include: Motion to Dismiss An attempt to get a judge to dismiss a charge or the entire case. If may be used when there is not enough evidence or when the evidence or facts in the case do not equal a crime. It is also filed when the court does not have the authority or jurisdiction to make a ruling in the case. For example, if a will is being contested, the case would have to be decided by a probate court and not a small claims court. A motion to dismiss the case based on lack of subject matter jurisdiction would likely be filed. Motion for Change of Venue Most often a request for a change of venue of the trial is due to pre-trial publicity. Famous Cases When Changes of Venue were Granted The four Los Angeles police officers charged with assault of Rodney King in 1991, had their trial moved from  Los Angeles County to  Ventura County.Oklahoma City Bomber Timothy McVeigh was granted a change of venue  from Oklahoma to the U.S. District Court in Denver, Colorado.Beltway snipers Lee Boyd Malvo and John Allen Muhammad had their trials moved from northern Virginia to Chesapeake and Virginia Beach, in southeastern Virginia. Motion to Suppress Evidence Used to keep certain statements or evidence from being introduced as evidence. Seasoned judges will not admit any statement or evidence into evidence that could serve as a basis for a reversal of a conviction. A motion to suppress evidence often addresses issues such as Evidence seized illegally.Confessions wrongly obtained.Statements improperly obtained.If there was probable cause to make an arrest. For example, if police conducted a search without probable cause (in violation of the Fourth Amendment), an attempt to suppress the evidence found as a result of that search might be granted. The Casey Anthony Case; Motion to Suppress Evidence Casey Anthony was found not guilty of first-degree murder, aggravated child abuse, and aggravated manslaughter of her child, Caylee Anthony. Judge Belvin Perry denied Anthonys defense attorneys motions to suppress statements made by Anthony to George, Cindy, and Lee Anthony, pen pal Robyn Adams and corrections officer Sylvia Hernandez. The judge also denied the defenses motion to suppress statements Anthony made to law enforcement because she had not been read her Miranda Rights. The judge agreed with prosecutors that at the time of the statements, Anthony was not a suspect. Although the defense motions to suppress evidence were denied, Anthony was found not guilty. However, had she been found guilty, the denial to suppress evidence could have been used in the appeals process to reverse the conviction. Other Examples of Pre-Trial Motions To challenge the search warrant issued in the case.To exclude some evidence gathered during the search.To exclude statements made by the defendant to investigators.To determine if expert witnesses can testify.To challenge expert testimony.To request a gag order in the case.