Education and Country Development - 1006 Words

CONSIDER THE IMPORTANCE OF EDUCATION TO A COUNTRIES DEVELOPMENT Education is the procedure of acquiring knowledge. Everyone would concur that education is the fundamental means of life. It’s objective is to mentally, physically, and emotionally promote the person by putting them in a better place then they were previously in before. Proper education comes in many different forms. Granted it is important to study the essential academic courses including reading, writing, arithmetic, science, and social studies which all will help set a strong foundation for the student. It is equally just as important that the educator offer substitute information for the well-being of the student. Education should build not only on the text that lies within a book, but should also touch base with everyday life. Education is very crucial in a nation’s development, without education societies are facing a strong disadvantage regarding to the challenges of the world today. Nelson Mandela stated No country can really develop unless its citizens are e ducated. It is possible to say that Nelson Mandela quote was totally correct. Education is the tool that change ones world, according to human rights education is a universal right that every individual must have and use. Unlike individuals with an adequate education and therefore with opportunity to enter in a professional field with the sufficient amount of knowledge to be successful at their jobs, Individuals from countries inShow MoreRelatedThe Importance Of Education For A Country s Development1547 Words   |  7 PagesDiscuss the importance of education to a country’s development. Now day s education playsa very vital role in our lives.Education gain under the guidance of others, but it memorizesMay also train themselves.It is commonly divided into phases such as pre-school, elementary school, secondary school and after that college or university.A right has been recognized by governments. The foundation of a country becomes strong with a high literacy ratio; society also becomes well civilized and broadmindedRead MoreEducation is Key to the Development of a Country Essay1204 Words   |  5 Pagesof a country is not measured by the literacy rate of the country or number of people who are educated. One cannot say that a country is developed and progressive only by taking account of its literacy rate. There are many other factors like peace, security and stable economy which are also responsible for economic development and progress of a country. Srilanka is a country with 91.2 % literacy rate (UNICEF). This literacy rate is highest among the other South-Asian countries but the country is stillRead MoreThe Importance Of Education For A Country s Development1572 Words   |  7 Pagesimportance of education to a country s development There is no denying to the fact that in today s competitive era education has become a major part not only for human kinds but also for a country development because it is play an important role in a country s social and economic progress. If a person wants to get success and progress in his life he should be educated. In the same way if a nation wants development, the country should has more developed education and educatedRead MoreAnalyze the Effect of Education on the Development of Countries2108 Words   |  9 PagesEffect of Education on the Development of Countries Education can teach us how to be a real man, how to get along with others in the society and also can make talents to let countries’ power stronger. Education can have significant effects on the development of a country. It is mainly reflected in three aspects. The first is the economic growth, the second is the population and employment in society and the third is stability and fair in politic. In addition, this essay will also show education of differentRead MoreThe Effect of Education on the Development of Different Countries2778 Words   |  12 PagesThe effect of education on the development of different countries As the increasing demand for skilled workers, more attention has been paid to education. Education has been developing follow the step of humanity which affects knowledge, skills and attitude from one generation to the other (Compayre and Payne,1899) and interacts on the progress of civilization. The impact of the rapid growth of education is felt at institutional, national and international levels, and these are inter-related.Read MoreHow Security Is Important For Education And Healthcare For The Development Of Country1648 Words   |  7 Pagespriority in every country but To nurture a secure nation, federal spending must be balanced among military defense and programs that provide economic security, such as education and health care . A worthy portion of any country s budget is spent on defence . To some extent it is not a good idea for us to spend money on defending ourselves from imaginary enemies. We spend significant sums of money preparing for wars that we later create a nd ignore the needs of our own country. There are alsoRead MoreHow Low Education Affects Development of Emerging Countries1055 Words   |  4 PagesNeglecting the role of education in emerging countries is one more commonly made mistake and low Human Development Index pointing out the limited possibilities of human resources has its negative impact on economic as well as on social processes in particular country. How educated residents are, determine the speed of economic growth, while shortage of accumulated human capital makes difficult to implement innovations and lack of adaptation of proven technologies, methods, and practices. The importanceRead MoreWhy Education Is Important For Country Development Through Economic Growth, Social Development And Health Improvement1704 Words   |  7 Pages Consider the importance of education in a country s development. Education is a basic human right and a significant factor in development of children, communities and countries. No doubt that a person learn in different ways throughout his/her life. Nowadays, education has turned into a essential requirement for people to attain success in their life as well as for the improvement of their country. People are the real wealth of their country. Education can be achieved in schools, colleges andRead MoreEducation s Effects On International Business1151 Words   |  5 PagesAM University - Commerce Education is the root of business. It teaches citizens language, skills, values, and norms. A basic education gives citizens a basic way of business. A broader education brings the ability to specialize in an industry and bring business internationally. More skilled laborers bring the ability for a country to increase their potential and economy and move outside their borders to become a part of international business. A basic education can be the foundation of a country’sRead MoreEducation can Benefit a Society and a Nation911 Words   |  4 Pagesin education. In the course of education, it will enclose the power to build up a nation. Nevertheless, some inhabitants argue that there are far more important things which verify a nations development(Rugh, Andrea, 2012). This paper strength of character to talk about the advantages of education in the development of a country. Because of education nations societies able to get the best benefits a lot. Education can benefit a nation and the society a lot. After getting education, we

The Most Influential Text is the Bible - 1558 Words

The Bible is widely regarded as perhaps the most influential text in the record of human history. Both Judaism and Christianity hold the Bible in high spiritual regard, due to its function as the basis for these two respective religions. The Bible serves as a single divine anthology, comprised of a series of books that have been meticulously composed by hundreds of authors over hundreds of years (Armstrong, 2007). Over the course of human history, the stories, lessons, and parables found within the Bible have had significant impact on societies all around the world. One of the most pertinent and interesting topics found within the Bible is the concept of leprosy. The Bible mentions leprosy in a variety of places, which include segments from both the Old Testament and the New Testament. From the book of Exodus to the Holy Gospels of Jesus Christ, leprosy is an ever-present aspect of biblical society. The sufferers of leprosy in the Bible often fall under extreme social chastisement an d are commonly subject to segregation from society in accordance with ancient scripture (Leviticus 13.46 New Revised Standard Version). Due to the common mention of leprosy in the Bible, and the somewhat opaque examination of the disease, a number of key concerns have arisen over the period of the modern era. Through the analysis of what biblical leprosy constitutes, its prominence within the Old Testament, and its appearances in the New Testament, readers can more fully understand how biblicalShow MoreRelatedWestern Culture And Its Influence On Modern Culture1235 Words   |  5 Pagesand those institutions that controlled the most power ultimately played the largest role in shaping the western culture seen today. Through analysis of honors texts, the development and reliance on institutions and their influence on shaping western culture can be identified and traced throughout early human history. Beginning in Sumer, the earliest formalized, written example of the creation of an institution can be identified. Using evidence from the text Inanna, the influence of an institutionRead MoreCan Literature Spark Cultural Difference?1185 Words   |  5 Pagesinfluences modern society, and how most of the ideas were spread through some kind of literature form. We see the spark of cultural change through influential works of literature, and these works take the forms of writings, movies, or songs. These forms go on to change the core of culture, so we can see a different world every time. It causes us to be very manipulated by the message it spreads out. Literature does spark cultural change using influential works like the Bible, or the song ‘Fireworks’ by KatyRead MoreChanges Due to English Evolution Affect Integrity of the Bible1705 Words   |  7 Pagescontrol of the Holy Bible without many recorded challenges for more than one thousand years, according to several hi storical documents. Church authorities told church members they could neither read nor interpret the text themselves. The principles clergy taught in church were what churchgoers often believed. Eventually, a high-ranking German monk named Martin Luther challenged church officials in the 16th century and began reading and interpreting the Scriptures. As he studied the Bible, he found manyRead MoreHow does the Bible Influence Political Thought and Action in Our Culture?1166 Words   |  5 PagesHow does the Bible Influence Political Thought and Action in Our Culture? The Bible is a unique book that is different from others because it contains sacred text that has continued to influence societies from generation to generation. Generally, the impact of this sacred book is worldwide since it has affected every department of human activity. The influence of the Bible on society is derived from the fact that it contains various themes that are used to shape the moral progress of the worldRead MoreJudith Sargent Murray s On The Equality Of The Sexes 1408 Words   |  6 Pagesher intellect at a young age and given an education along with her brother. Later in life, she had her written works widely published and read during a time when women’s voices were seen as fundamentally inferior to those of men. In one of her most influential and strongly opinionated works, ‘On the Equality of the Sexes’, Murray makes a strong case for the spiritual and intellectual equality of men and women, arguing that women and men are born equal, but that men are simply given more education andRead MoreMedieval Literature and Poetry Illuminated Manuscripts983 Words   |  4 Pagesmake or have any use for- books. The first of these books was the Bible, and as time passed, more forms of literature such as poetry and illuminated manuscripts were created. Christianity, like Judaism and Islam, is a written religion. The Bible is regarded as a sacred text for Christianity containing the revealed truth of G-d. The most important part of early monastic life was the preservation, reading, and copying of these texts. The connected to and interested in all types of literature. UpRead MoreThe And The Sacrifice Of Isaac By Peter Paul1107 Words   |  5 PagesA painting is a scene, frozen in time. Artists can bring them to life. Catching the emotions of whatever is depicted. The bible is full of memorable scenes, with thousands of years of art to capture the intensity of the stories. My Journey to The Sacrifice of Isaac by Peter Paul Rubens begin when I saw a painting at the Nelson Atkins Museum of Art almost six years ago in a grand room, with tens of other paintings and high, echoing ceilings. I stood in front of a massive, Renaissance-era piece. WithoutRead MoreThe Assassination Of Jfk, By Kill A Mockingbird, And The Bible954 Words   |  4 Pagesand books have been changing the world since the early 1900s. They change the way people think, feel, and see the world. There are many films and books worth the read and the watch; the assassination of JFK, To kill a Mockingbird, and The Bible are three of the most impactful and insightful books/movies, because they bring up powerful meanings that helped the world. JFK, many people saw this film, but the reviews were not tasteful. The writer of the film received a plethora amount of death threatsRead MoreEssay on The Documentary Hypothesis: Past and Present1333 Words   |  6 PagesThe subject of this paper has at least five names. Documentary Hypothesis and JEDP Theory are the most common. In this paper, this scholarly position will always be referred to as Documentary Hypothesis with a few exceptions. Documentary Hypothesis, or JEDP Theory, is the view held by various scholars that the five books of the Pentateuch were really written by four different authors, and not Moses. This theory claims that afterwards various editors (called Redactors) blended the five books togetherRead MoreQuestions For The Group Discussion970 Words   |  4 Pages Two Questions for the group discussion: â€Å"Inside a church, a pastor has flipped a verse of the bible to accommodate polygamy. Consulted by a business millionaire, the pastor ransacked the bible and finally arrived at a verse to support the holy matrimony. Quoting Isaiah 4:1 the pastor joined the notable influential member with three women†. Does the text Isaiah 4:1 justify the polygamous wedding? During the discussion, which follows the presentation, the group was amazed at the shocking photo

Financial Accounting and Reporting Verizon Communication Analysis

Question: Analyze and explain the requirements for full disclosure in financial reporting. Evaluate the importance and impact of full disclosure or non-disclosure in accounting practices. Use technology and information resources to research issues in intermediate accounting. Write clearly and concisely about intermediate accounting using proper writing mechanics. Answer: Introduction The financial reports of the company serve as a very important source of decision making by the stakeholders of the company. The financial statements reflect the financial worthiness of the company. The financial reports that are having inadequate information will discourage the prospective investors to invest in the company. The investors will not have any basis for deriving conclusions about the performance of the company. Verizon Communications financial reports, annual reports, companys management discussion and notes to financial statements are analyzed critically. The analysis will bring out the degree of effectiveness of the company in preparing financial statements and the impact of the financial statements on the companys growth (Bezborodova, 2013). Analysis of financial statements of Verizon Communications Disclosure Requirements on accounting policies Verizon Communications have disclosed in its notes to consolidated financial statements a summary of its accounting policies. They have declared that they maintain their financial statements according to the U.S. accepted accounting policies(GAAP). The company has disclosed its method of estimation. The accounting estimates used by the company includes the allowance for doubtful debts, the fair value of financial securities, the non-recognition of tax benefits, etc. The company depreciates plant and machinery on a straight-line basis. The company has disclosed the basis of its derivative instruments transactions. The disclosure states that the company enters into derivative transactions to maintain the fluctuations in foreign currency exchange rates. The company further declares that it does not hold derivative for the purpose of their trading. The derivatives are valued at fair value (Elliott Elliott, 2008). The accounting estimates are based on the prudence and the expert knowledge of the report preparers. The accounting estimates reflect an approximated amount of transactions that are to be debited or credited in the financial statements. The users of the financial reports put their reliance on the financial statements if the measurement of the accounting estimates is fair. The disclosure of derivative transactions will help the investors in ascertaining the kind of investment activities ('Financial Statements', 2012). The company has disclosed a comprehensive summary of its accounting policies. All the important accounting policies like the method of revenue recognition, accounting estimates, inventory valuation, asset depreciation, goodwill valuation, foreign currency transactions, etc. are properly disclosed. The disclosures provide a strong base for coming to a conclusion regarding the fair and true position of the company. The company has also made disclosures of the currently adopted accounting standards. The company has also mentioned the effect of the currently adopted accounting standards. The disclosures of the accounting policies of Verizon Communications is appropriate and forms a strong base for the investors decision making (Greuning, 2006). Management Discussion and Analysis on Annual Report The Management's Discussion has stated the increase in consolidated revenues of 2014 as compared to the revenue of 2013. The discussion has explained the reason for the increase in revenues. The reason being higher profits from Wireless. The management discussion includes the outcome of the company's activities. The discussion on the performance of both the segments of the company is done. The company has indirectly acquired Vodafone's shares of 45%. This has led to the complete ownership of Verizon Wireless. The Wireline segment has disposed a non-profit unit. The company has declared a quarterly dividend during 2014. The company has increased the quarterly dividend by 3.8%. The company proudly declares that the company is paying a regular dividend since eight years (Wen, 2012). The company has also mentioned that the aim of the company is to render long-term value for the shareholders of the company. The company also promises that the company will make all possible investments that will benefit the interest of the shareholders. Verizon Communications estimates to incur capital expenditure during 2015 that may result in increasing the capacity and meeting the customers expectations. The company also wishes that the capital expenditures may reduce as a percentage of revenue in 2015 as compared to 2014 (Holtzman, 2008). The users of the financial statements will be able to analyze the performance of the company by evaluating the increased revenue in 2014. The prospects of the company may appear favorable. The prospective investors can take decisions on the basis of acquisition and divestment made by the company. The acquisition has made the company the complete owner of Verizon Wireless. The company has paid regular dividends over the past years. The company cares to enhance the profitability of its shareholders. The low percentage of capital expenditure will not only increase the revenue of the company but also the capacity of the company in delivering services to the increased customers demand (Kanodia, 2006). Segment Reporting Market segmentation is done so that the company will be able to deliver best products or services to a particular segment of people or market. The companies determines segments based on various variables like region-wise, location-wise, demand-wise, price-wise, etc. The advantages of segment reporting of financial data are as follows- 1. The segment reporting reflects the profit generating and non-profit areas. 2. The investors can observe the activities of the company in a better way. 3. The companies can make a comparative analysis of competitors based on segments. The disadvantages of segment reporting are as follows- 1. The data can be manipulated to present a profitable figures of some segments. 2. The segments may not be comparable. 3. The segment reporting primarily focuses on present data rather than past trends. The advantages are far more than the disadvantages of segment reporting. The segment reporting reflects the units that are loss bearing. The company can take steps to eliminate the loss. The segment reporting also helps in dividing and fixing responsibilities (Stocken, 2012). Verizon Communications have two segments- Wireless and Wireline. The company reflects the governmental taxes on both the segments on a net basis. The company has reflected separate operating financial information of its two segments. The company has also reflected individual assets employed in individual segments. The company's financial statements also represent a reconciliation to the consolidated segment reporting (Pounder, 2009). The segment reporting should be done in such a manner that it facilitates comparison across industries. The company should reflect the transfer pricing provisions of the company in an elaborative manner. The company has stated a general information that the intersegment sales of products and services are done at the current market price. The impact of Auditors Report The Auditors Report of Verizon expresses their view that the financial reports present fair and true view of the financial position of the company as at December 31, 2014. The auditors' report states that the financial statements of the company is prepared by The US generally accepted accounting principles. The audit report also states that because of the unavoidable shortcomings of internal control, there may not be an adequate reflection of errors. The internal controls often become insufficient due to the changes in circumstances. The auditors have expressed their unqualified opinion in respect of internal control mechanism of the company based on the COSO criteria. The company records the transactions properly so that they can well be reflected in the financial statements. The cash inflow and outflow are being conducted after proper authorization by the management of the company. There is adequate mechanism on the detection and prevention of fraud. There are two types of audit re ports in the annual reports. One expresses an opinion on the internal control mechanism of the company, and the other expresses an opinion on the preparation of financial statements of the company (Stickney, Brown Wahlen, 2007). The bank will consider the auditors report before advancing loan to the company. The bank will refer the auditors report to observe whether the companys financial statements reflect a true financial position of the company or not. Many a times, the companies show an overvalued presentation of its financial statements to obtain bank loans. The bank will also overview the internal control reports to ascertain whether all the transactions are conducted under a proper authorization or not. Thus, the auditors' report will help the bank to judge the credibility of the company. Conclusion The analysis of Verizon Communications has resulted in arriving at the judgment that the company adheres to the prescribed accounting standards and accounting regulations. The company cares for the interests of its shareholders. The company has good future growth prospective. The company carries out its operations effectively. The company has done segment reporting in an understandable manner. The company has good credit worthiness. The company succeeds in attracting prospective investors. Even the company succeeds in maintaining the confidence of the existing investors. References Bezborodova, Y. (2013). The analysis of financial statements as approach to the assessment of financial stability of the enterprise. RAJ, 24(2). doi:10.15535/69 Elliott, B., Elliott, J. (2008). Financial accounting and reporting. Harlow: Financial Times Prentice Hall. Financial Statements. (2012). Review Of Income And Wealth, 58(4), 774-785. doi:10.1111/j.1475-4991.2012.00526.x Greuning, H. (2006). International financial reporting standards. Washington, D.C.: World Bank. Holtzman, M. (2008). What's new in financial reporting. Florham Park, N.J.: Financial Executives Research Foundation. Kanodia, C. (2006). Accounting Disclosure and Real Effects. Foundations And Trends In Accounting, 1(3), 167-258. doi:10.1561/1400000003 Pounder, B. (2009). Convergence guidebook for corporate financial reporting. Hoboken, N.J.: John Wiley Sons. Stickney, C., Brown, P., Wahlen, J. (2007). Financial reporting, financial statement analysis, and valuation. Mason, OH: Thomson/South-Western. Stocken, P. (2012). Strategic Accounting Disclosure. Foundations And Trends In Accounting, 7(4), 197-291. doi:10.1561/1400000027 Wen, X. (2012). Voluntary Disclosure and Investment*. Contemporary Accounting Research, 30(2), 677-696. doi:10.1111/j.1911-3846.2012.01169.x

Kate Chopin And Awakening Essays - Classical Music, Literature

Kate Chopin And Awakening A Style of her Own Kate Chopin uses symbolism and realism to enhance her theme of social conflict in the lives of women during the nineteenth century. These conflicts seemed to travel from one woman to the next, unnoticed by the rest of society. Chopin used these conflicts as a basis for all of her short stories and novels. This inevitably started turmoil about issues that never were brought out before. This, in turn, opened the eyes of society to the individuality of women. In The Awakening, by Chopin, a woman named Edna realizes that she is an individual and has individual feelings. She and her family lived at Grand Isle during the summer and her husband, Leonce, goes to the city every week, and is at Grand Isle during the weekend. This allows Edna the freedom to do and think what she pleases. A young man named Robert, lives at Grand Isle during the summer also. He flirts continuously with Edna, and she seems to like this sort of attention. Robert and Edna always went to the waterhole on the hot summer days to cool off. Of course, they would never go when the sun was high in the sky. Then, Robert would walk Edna back to her house and they would talk for hours. Everyone at Grand Isle could see the attractions between Edna and Robert, even Robert. Edna, on the other hand, did not see this attraction immediately. When Robert leaves for the Rio Grande, Edna is left feeling depressed and lonely. She decides that Robert wants nothing more to do with her, since he has written everyone letters of his journey except her. At this time, Edna is now living back in the city on Esplanade Street. Her husband is abroad and her children are visiting family. She is all alone. This allows Edna more freedom to meet new people without her husband right next to her. This was normal for Edna since her husband was often tending to business. During time that Leonce was away, Edna realizes that her life was not how she wanted it to be. While alone Edna "awakens" to the fact that she is an individual and has individual feelings. She also realizes she does not love her husband as she vowed to. At this point Edna knew what she wanted, and it was not marriage to Leonce, but divorce. She then moves out of her house without telling her husband. When she does tell Leonce, he tells everyone that he and Edna were merely remodeling the house and Edna needed a place to stay. He says this because he cannot stop her, being across an ocean. Leonce's lies just go to show that men had more important things to do in life than please their wives. Wives were the bearer of their children and rarely the apple of their husband's eyes. Edna inevitably tells her women ? friends what is really happening; that she is leaving her husband. All of these women tell her of what she is about to do to her life, reputation, and her children. Edna feels that she should come before her husband, but walks a thin line when asked if she puts her children before herself. When Robert returns to see Edna, she is full of excitement. When Robert learns that she lives alone and is away form Leonce, they share a special moment together. It was not accepted, during the nineteenth century, for women to divorce and remarry, Edna felt torn and weak. She does not know what to do with her life. In the end, She walks into the ocean and swims until she can swim no further. It is inferred, in this, that Edna drowns. In Edna's drowning there is a lot of symbolism. Her death shows, in an odd way, the birth of women's freedom of individuality. Her choice was to sacrifice her life because her fight for individuality and freedom had failed. She knew she would never be accepted being the extremist that society would label her as. Yet, now everyday, you see women who have divorced and remarried. Her death was a plea for women to understand their individuality and freedom. In "Desiree's Baby" Chopin uses themes, such as, independence of women and marriage between people of two different races. When Desiree's husband notices that his child has a black tint to him, he feels that she has hidden something from him. Desiree's feelings overcome her and she drowns herself

How the Drinking Bird Science Toy Works

How the Drinking Bird Science Toy Works The drinking bird or sippy bird is a popular science toy that features a glass bird that repeatedly dips its beak into ​the water. Heres the explanation for how this science toy works. What Is a Drinking Bird? Depending on where you live, you may see this toy called a drinking bird, sipping bird, sippy bird, dippy bird or insatiable birdie. The earliest version of the device appears to have produced in China circa 1910-1930. All versions of the toy are based on a heat engine in order to function. Evaporation of a liquid from the birds beak lowers the temperature of the head of the toy. The change in temperature creates a pressure differential inside the body of the bird, which causes it to perform mechanical work (dip its head). A bird that dips its head into water will keep dipping or bobbing as long as water is present. In fact, the bird works as long as its beak is damp, so the toy continues to function for a span of time even if it is removed from the water. Is the drinking bird a perpetual motion machine? Sometimes the drinking bird is called a perpetual motion machine, but there is no such thing as perpetual motion, which would violate the laws of thermodynamics. The bird only works as long as water is evaporating from its beak, producing an energy change in the system. What Is Inside a Drinking Bird? The bird consists of two glass bulbs (head and body) that are connected by a glass tube (neck). The tube extends into the bottom bulb almost to its base, but the tube does not extend into the top bulb. The fluid in the bird usually is colored dichloromethane (methylene chloride), although older versions of the device may contain trichloromonofluoromethane (not used in modern birds because it is a CFC). When the drinking bird is manufactured the air inside the bulb is removed so that the body will fill with fluid vapor. The head bulb has a beak that is covered with felt or a similar material. The felt is important for the functioning of the device. Decorative items, such as eyes, feathers or a hat may be added to the bird. The bird is set to pivot on an adjustable crosspiece fixed to the neck tube. Educational Value The drinking bird is used to illustrate many principles in chemistry and physics: boiling and condensation [dichloromethane has a low boiling point of 39.6 Â °C (103.28 Â °F)]combined gas law (​the proportional relationship between the pressure and temperature of a gas in a constant volume)ideal gas law (​the proportional relationship between the number of particles of a gas and the pressure in a constant volume)torquethe center of masscapillary action (wicking of water into the felt)wet-bulb temperature (temperature difference between head and body bulbs depends on the relative humidity of the air)the Maxwell-Boltzmann distributionheat of vaporization/heat of condensationfunctioning of a heat engine Safety The sealed drinking bird is perfectly safe, but the fluid inside the toy is not non-toxic. Older birds were filled with a flammable fluid. The dichloromethane in the modern version is not flammable, but if the bird breaks, it is best to avoid the liquid. Contact with dichloromethane can cause skin irritation. Inhalation or ingestion should be avoided because the chemical is a mutagen, teratogen and possibly a carcinogen. The vapor quickly evaporates and disperses, so the best way to deal with a broken toy is to ventilate the area and allow the fluid to disperse.

Deforestation in Asia

Deforestation in Asia We tend to think that deforestation is a recent phenomenon, and in certain parts of the world, that is true.   However, deforestation in Asia and elsewhere has been a problem for centuries.   The recent trend, actually, has been the transfer of deforestation from the temperate zone to tropical regions. What is deforestation? Simply put, deforestation is the clearing of a forest or stands of trees to make way for agricultural use or development.   It can also result from the cutting of trees by local people for building materials or for fuelwood if they dont replant new trees to replace the ones they use.   In addition to the loss of forests as scenic or recreational sites, deforestation causes a number of harmful side effects.   Loss of tree cover can lead to soil erosion and degradation.   Streams and rivers near deforested sites becoming warmer and hold less oxygen, driving out fish and other organisms.   Waterways also can become dirty and silted due to soil eroding into the water.   Deforested land loses its ability to take up and store carbon dioxide, a key function of living trees, thus contributing to climate change.   In addition, clearing forests destroy habitat for innumerable species of plants and animals, leaving many of them critically endangered. Deforestation in China and Japan:   Over the past 4,000 years, Chinas forest cover has shrunk dramatically.   The Loess Plateau region of north-central China, for example, has gone from 53% to 8% forested in that period.   Much of the loss in the first half of that time span was due to a gradual shift to a drier climate, a change unrelated to human activity.   Over the past two thousand years, and particularly since the 1300s CE, however, humans have consumed ever-increasing amounts of Chinas trees.

Super Size me written assignment Essay Example | Topics and Well Written Essays - 500 words

Super Size me written assignment - Essay Example It tackles the issue of fast food in general. The movie is starred by Morgan Spurlock, Daryl Isaacs Lisa Ganjhu and a host of other characters. The storyline is the current hot international topic, as hot as some of the dishes served at the MacDonald’s. They are served with lots of public relations gimmicks and good wishes, but are they really good dishes? The number of suits pending against them may well worth subject matter of another menu card, and must be handed over to each customer, before they push the entry door of the restaurant. The movie sets the tone for a perfect legal drama. The issue: Morgan Spurlock has to prove that the food is unhealthy. His would be the test case and if proved correct, plaintiff would have a claim from the MacDonald’s. Morgan Spurlock conducts the experiment on him, by becoming the guinea pig, as they would say in popular parlance. The story has all the ingredients needed for a tight legal case. A general practitioner, a cardiologist and a gastroenterologist are there to seal the fate of MacDonald’s, if everything goes well to make Morgan Spurlock unwell. The guidelines set for the Morgan Spurlock experiment, may as well set (to an extent it has already set) the tone for a national/international debate on the issue of accepting fast food as a way of life.

Project Management Theory & Practice Assignment - 1

Project Management Theory & Practice - Assignment Example Seeing that when customers turn out to be more stylish, well knowledgeable and their desires and expectations develop, the simply approach a corporation can endure and flourish is by providing assurance to quality (BSiGroup, 2010). In this scenario, ISO9000 is a globally acknowledged standard of quality, which offers rules and regulations for achieving the ISO9000 quality standard. In addition, the corporations can be audited to receive ISO9000 certification (Management Help, 2010). Moreover, a quality management system (QMS)  for instance ISO 9001 offers a management support  that provides the organizations the required facilities to deal with threats and examine and determine quality of your products. Furthermore, it can also help the organizations to improve their representation and status and allow them to search for enhancements through inside and outside communications (BSiGroup, 2010). This stage of the Marriott International Hotels business project will be based upon the superior quality which guarantees the entire stages of the project and major analysis of the new and innovative deployments. In this regard key jobs will be about the evaluation of the quality concerning the latest bedding and their setup standards. This will definitely assure an improved and superior quality management plus useful project completion. No doubt, Quality is vital to each and every project and particularly for business activities and functions. For an enhanced business support and successful project completion we must have to ensure project quality. Here I will present the project quality management plan for the Marriott International Hotels business project. Here we will use the quality assurance tools planned for the Marriott International hotel bedding and renovation scheme. These quality declaration tools will make sure that the entire needs and requirements have been fully satisfied as they were mentioned at the commence of the project. Here we will establish a plan

Film and Countless Alien Eggs Essay Example for Free

Film and Countless Alien Eggs Essay I was in the middle school. I still remembered the feeling when I first watched this film. It was so scary that I couldn’t even breathe, and I once dreaded that these aliens would come to our planet and destroy our humanity. There is no doubt that this film is a masterpiece in the Sci-Fi/horror film history. The director Ridley Scott made an amazing film. The story mainly tells about a commercial towing spaceship, which carries seven crew members, and receives a beacon form a planet, so they decide to check it out. Three of crew member Dallas, Kane and Lambert discover a derelict spaceship which contains countless alien eggs; one of these attacks Kane and makes him unconscious. After Kane is brought to the ship, the strange thing happens. An alien bursts from Kane’s’ chest and kills all the crew members except Ridley. By her intelligence and braveness, she finally kills the alien and escape from the spaceship. Films about UFO and spaceships are extremely popular in the film industry especially in America, but in other countries it’s not popular at all. I think it is because schools in United States focus more on educating students’ imagination and creativity. People love to see films about future world and extraterrestrial life. As we know, our universe is extremely large; a lot of people believe that aliens do exist somewhere. Some rumor says they visited us and government knew it, but for some reason they didn’t want people to know. The more government wants to conceal the existence of alien, the more people want to know the truth. That’s why Sci-Fi movies can succeed in the box office so well. The Alien is one of the most successful Sci-Fi movies in the history. Some people think it also can be categorized as a horror movie too. There are so many scary moments in this film; some are really gross and disgusting. The effect of chest bursting of Kane is still amazing; even it was a movie that filmed 30 years ago. Director created a very scary creature, the alien. They have no gender, or you can say they are hermaphrodite. They have no womb and reproduce really fast, and their blood is made by strong acid, which can penetrate several floors of the giant spaceship. It makes them hard to kill, and the scariest thing is they use human body to reproduce. Once the baby alien ready to go from its host, they will burst out from their father/mother’s chest and instantly kill him/her. The alien grabs all the audience’s attention. Its giant body and gross drooling mouth creates the scary atmosphere, which make audience dread and anxiety. The success of Alien was quite closely linked to the background of America at that time. The Alien was born in the era of the Cold War. People were living under the tremendous pressure from the other countries. The feeling of the panic to the uncertainty just like an alien was hiding in the darkness, which was going to kill someone. By watching this film, audiences can release the pressure and forget the pain of real life. The Alien is an amazing film, which blends elements of Sci-Fi and horror to create a very horror and fantastic film. I would love to watch this movie again and recommend to all the people who like Sci-Fi and horror movies.

Will HIV and AIDS as the Black Death of the Twenty-First Century :: Papers

Will HIV and AIDS as the Black Death of the Twenty-First Century According to an article on BBC World Service, published on 25th October, 2001, the Black Death claimed 25 million lives in Europe and Asia between the 13th and 17th century. Now nearly 400 years later the British Medical Journal reports an estimated 65 million deaths from AIDS by the end of the decade. Obviously these figures are rough estimates, however they illustrate the severity of the Bubonic Plague and the impending severity of an AIDS epidemic. These figures themselves lead me to believe that in fact AIDS is already the modern day Black Death and whether anyone will be here in another 400 years to compare AIDS to the Black Death is yet to be seen. The Bubonic Plague or 'Black Death' as it is more commonly known swept through Europe and Asia mainly in the 14th century. The Bubonic Plague is caused by the bacterium Yerina Pestis and is transmitted to humans by infected fleas on rats. In most common cases victims suffer from fevers, chills, fatigue and painfully swollen lymph nodes. Another symptom were haemorrhages, which turned black, this is why it became known as the Black Death. Even though in the time of the Black Death there was no medical shield to protect against the plague, with today's medical advances there is. This is where the Black Death and AIDS differ. AIDS (Acquired Immune Deficiency Syndrome) is a clinical syndrome, resulting from damage to the immune system caused by infection with Human Immunodeficiency Virus (HIV). In HIV individuals, there is a gradual loss of immune cells and immune function. It generally takes six to ten years from the point of infection to develop AIDS. Even though large drug companies have developed drugs that slow down the progression from HIV to AIDS, none have yet to market any kind of vaccine or cure. There may be more success in finding a cure, so that AIDS will not be looked back upon in years to come as the Black Death of its time if,

Love, Fear, Sexuality and Society Essay

The dawn of the 16th century, brought with it the evolution of great knowledge, an era of enlightenment, with not only the new growing social lifestyle of people but also the evolution in their thinking. The idea of love and fear therefore was the one established and molded into a new sculpture by the revolutionist and philosophers; and how we know the right and wrong today is what was established through the writings of these intellectuals’ years ago. Founder of political sciences of the 15th century, Niccolo di Bernardo dei Machiavelli, was an Italian born writer, philosopher, and politician; who through the strength of his pen and intellect was able to give the world a new perspective of the never dieing entity, love and hope. As a man of Renaissance, while holding a high political position, his writings are also a combination of his deep political thought and insight. He is most famous for his short novel, The Prince, which is his realistic approach towards the political discourse of that time period, exhibiting the advance towards power. â€Å"The Prince,† originally written in 1513 (however got published in 1532), is known as a political treatise, for its formal exposition of the ideology of political affairs. It is usually alluded to being called as a piece of act which represents the word â€Å"Machiavellian,† which refers to the playing politics in a ruthless way in order to retain power and position; moreover many critics have also states the story to be satire. The novel is a form of guide for a ruling or an expected prince, of how he can attain his throne, and then make sure that he remains in power and control. The idea of attaining the power is placed as crucial and primary to all, even where principality comes secondary to its approach, which he does so by dictating old examples of rulers, and making his own generalizations and hypothesizes upon them. According to Machiavelli, the first moral of ruling is to have an economically and politically stable country, and then it is upon the ruler as to how he would protect it even if the ways used by him were cruel, they remained justifiable as long as they kept her power sustained. The main purpose of the book was to explain Machiavelli’s ability and knowledge in politics, not promoting love and prosperity between powers, but rather working by conquering people’s fear and force. There are various themes discussed by the author in the book such as military and defense, which are the prerequisites of a firm state, having a fortified and well protected area, with no help being taken from allies as that would be a burden of favor, and stand brave in the battlefield. The book quite rigidity states that attributes such as mercy, religiousness, and principality, are good virtues too possess, but are not for a prince to adapt, as he at times has to work against them in order to defend his land. Also that a prince is better at being known as a miser than as a generous ruler, as it would weaken his economic status as well as bring grief upon people with larger taxes, thus having a bad reputation would be better than rather ending up with nothing. In answering to the idea of love and fear Machiavelli states that â€Å"it would be best to be both loved and feared. But since the two rarely come together, anyone compelled to choose will find greater security in being feared than in being loved. † (Machiavelli, Chapter 17, pp 60) He believes that commitments made under fear, are always kept firm; while a prince should also be careful that he is not feared to the point of hatred. Creating fear within the commandment of an army is necessary in order to gain their respect, and it should be brought upon the garrison even if the prince has to turn towards cruelty. Through the book the author emphasizes the fact that the only power which kept a prince from winning over his land and also his people is actually his ability to rule, rather than his fortune. He dictates the examples of Hannibal and Scipio Africanus; Hannibal who maintained a strong fear throughout his army, which consisted of soldiers of various races, and it was this fear of his which kept the army sturdy and united through out his reign; while Scipio, no matter had great abilities but is famous for the mutinies and trouble he had to face from the side of his own army. Virtue for Machiavelli did not carry a moral tone but it was rather based upon skill, courage, physical and mental capacity. However, in chapter of 8 of his book, the author mentions that no matter cruelty is important for governance but it should be properly utilized to attain a goal, but if it is made repetitive and arouses constant fear amongst the citizens then the prince does not contain any ability. It is not necessary for him to be loved, but he should be close enough to his people that he is not even hated, and thus requires both wisdom and courage; and above that the peripheral point should be established by which the prince is feared but not hated. And who could understand the complexities and the queries of life in a more powerful than the searcher of the nature, Plato, one of the greatest Greek philosophers. Born in 427 BC in Athens, Plato was the student of Socrates, and had his theories as an explanation and an elaboration of those presented by his master. Most of his writings are found in the form of a dialogue between him and Socrates, discussing numerous fascinating topics. Gorgias, is one of the most famous dialogues written by Plato, in which he defines a man’s virtuously right and proper nature. (Plato, 1994) It is believed to be a transitional dialogue, in which Plato represents Socrates teachings towards him in an indirect manner. This dialogue is seen to be carried out between Socrates, Gorgias and Callicles who are both rhetoricians, Pollus and Chaerephon who are both philosophy students; and the dialogue begins from Socrates side to prove the rhetoricians for being only people of sheer words. This dialogue is famous for the themes which it carries such as that of morality, philosophy and spirituality; forms into a debate between truth and falsehood. Socrates in his dialogue proving refutation explains that it is worse to inflict evil upon somebody rather than being an innocent victim of it and the most, unhappy man of the world would be the one who doesn’t meet his just punishment. While the best cure for an evil man would be when he meets his justice; paying for his sins. He believes that a wrong doer should be left on his own, his body to rot in the pain of his own guilt; and only with time when he realizes his guilt would his sins be forgiven and he move towards becoming a better and stronger person; no matter the rhetoricians disagree with his thought, as they believe that such treatment would be doing more evil than benefiting for good. Socrates ends the dialogue by explaining that on the Day of Judgment, man would be scrutinized and judged naked so that there are no hindrances for what he truly is. He believes that the evil doer’s body would be brandished by their sins, and they would be identifiable. According to Socrates, in the dialogue a man’s virtue should be his ultimate goal, which should be based upon principles, and truth; while those who tend to love their own self alone and indulge in self pampering, are the selfish ones, as their self gratification would never cease but would only continue to get bigger with hunger of power and indulgence. Creating fear and causing pain to others is the greatest evil, as identified by Plato; and becomes the most significant theme of most of Plato’s writings because of the unjust and evil death of his teacher Socrates; which destroyed his vision of the truth and its enhancement in nature. The dialogue however, concludes by declaring virtue as the â€Å"good life,† which can only be attained via the compliance of principles and correct behavioral methods. Both the books â€Å"Prince† and â€Å"Gorgias,† believe in the achievement of power, not only to gain a greater control but also to satisfy and pamper one’s own self; and agree to the fact that once in power. An individual might stray from principality and truth for long term benefits seen at a larger scale; but should refrain from evil as it would create hatred as well as lead to god’s in the life of Hereafter. However when Machiavelli describes the attainment of power as man’s vital goal, Plato believes into its attainment but to a certain level alone could one sacrifice his principles to achieve it; after which he would be nothing but an evil dweller, increasing his part of sins. Both the writings show the difference between the thought of a politician, who take s the world in more of a materialistic manner, and that of a philosopher who takes a deeper look into things and does not talk about an individual alone or his unitary life; but talks about all the third parties affected by his actions and his spiritual life which would also be affected by his balance of truth and falsehood. Compare and describe the relationship between sexuality and society in the authors read so far. Writers since centuries have talked about how sexuality and society work together, complimenting each other, which evolve gradually with the society giving more leverage and promotion at an open arena to sexuality, as it grows wider and is able to compensate more liberal point of views openly. â€Å"Don Juan,† is a classic story which has been told and retold since centuries; its legendary tale being changed and evolved with the evolution of time, it has seen changes according to the prevailing circumstances and the notions of the writers who dwelled with its story line. Don Juan, as announced by the Spanish or Don Giovanni as told by the Italians, is the tale of a social libertine, an individual who has given of all the norms and rights of the society, such a person who does not believe into the limits of religion or morality. The legend of Don Juan talks about such a person who indulges himself into the pleasure of seducing women and enjoys winning over them. One day, Don Juan meets the dead spirit of the father of a girl he has seduced; casually and not knowing it he invites him to his house for dinner. In return to this compliment, the father invites Don Juan to his graveyard for dinner, when he accepts the invitation and extends his hand to the spirit, pulls him into the grave and takes him into the bottomless pit of hell, where he is to burn in the redemption for his unforgivable sins. The oldest version of Don Juan to be placed in writing is believed to be written by Tirso de Molina, by the name El burlador de Sevilla y convidado de piedra. Later a revised edition was written by Moliere, in 1665; who was also made to make continous ammendments by the critics, who took as a largely shameful act; and was not until 1185, that the orignal play was allowed to be acted without censorships. However, the society at that time failed to accept the play, as they found it too liberal and outspoken, which broke the barriers of religion and offended the prestiege of the king. Thus it laid down as least cost effective, and as the protagonist himself is portrayed as a catholic, thsu it further offends the teaches of the church by portraying them as hypocrates and evil doers. On the other hand, the representation of Don Juan in that era represents how sexulaity was missed used even in those times, but hardly any writteen record is seen because of the fact that the rulers didn’t want any such tales to be spoken of openly; theey were then brought under the case of adultery. Don Juan, also is the symbol of evil, a womanizer who cannot attain his forgiveness, he has sined so much in his life that even his good deeds are shadowed by his hypocrite nature. Every action of his holds insincerity and cannot be forgiven, and when eventually it is symbolised that he has been taken into the hell, it shows that the world did not contain any less painful avenge for him; and his death brought peace to all the woman who had suffered because of his flimsy character. Therefore by the story of Don Juan, conceived in the early 17th century, it can be seen that sexuality was miss used even in that time period but the society perferred to keeep it hidden and secretive, burrying such evil facts and tales which spoke against the religious and moral norms of the ruling powers. Evil of the society was thus only a hushed talk in those times. â€Å"The Prince,† a guide for the rulers of the world written by a government official of Florence, Italy, Niccolo Machiavelli, in the 16th Century; helps us know today of how gravely was the impact of politics and the attainment of power and prestige in the lives of people of that era. As the book states different tips and ways in which a prince could govern his kingdom in thee most efficient way winning both his commandment upon army and his position. Machiavelli also believed that gaining love from his people was not the most important part of ruling; a prince could never be too generous and lenient with his folk; however it was of vital importance that he managed his fear upon them so that he would respect him and treats him with the power and gratitude that he deserves. A ruler was not always successful through his inheritance or his economic strength; but he was turned into a symbol of esteem through his ability; which not only shined in his character but also was represented by the society which he ruled. Thus the prince held great responsibility for his own self and the lives of all those, whose protection was sworn onto him. To take even a deeper analysis into the lives of the people of the 16th century, we might take a look into the analysis of the book â€Å"Leviathan,† written by Thomas Hobbes in 1660. After looking through the time via the perspectives of a story teller, and then a politician, we take into the account of the era through the notions formed by a political philosopher; this book did not only establish a political thought in the minds of thee people but was also significant enough in influencing and establishing the entire Western political philosophy and laying down the perspective for the social contract theory. The book was first written by Hobbes at the time of the English Civil War, where he saw chaos and trouble through out the society. In such times Hobbes believed that the only thing which could keep the community together would be a strong unified governing system which would act as a central body in decision making, keeping away the evils of chaos and civil misbehavior. The theory represented by Hobbes believes that if man is left without a government to live in a free market, operated by no restrictions, then he lives the life of nature, whereby everything is free for anybody, which in the long run would lead to war, poverty, frustration and hatred. To prevent this, a social contract needs to be established which would establish a civil society, and distribute the scarce resources in a much more efficient way. This is a form of a commonwealth, which would help establish a protected civil society. The book can be divided into four parts, whereas the one which represents the society and its relation to sexuality is book one, â€Å"of Man. † Chapter 6 of this book discusses the theme of the involuntary emotions which arise inside a human being, over which he holds no control, known as passions. He describes these motions of man as animal instincts, categorizing them as â€Å"vital,† and â€Å"voluntary. † Vital being those which formulate the metabolism and are innate, while the later are those which man learns with the course of his life. He by this formulates the idea that human nature is actually a by product of his metabolism. His innate motions form desires known as endeavors, which raise love and hatred in man, which then form an aversion in a human being. While some of these desires are born with man, while some re learnt so with time and experience, and it is then from these appetites and aversions that passions arise which are known to be specific to human nature, of which those which qualify to be his appetite are those things that he likes, while those which fall into his aversions formulate his hatred and are evil. Then Chapter 11 and 13 of the book describe how manners differ in human beings and how he would respond to his conditions of misery. Hobbes further here describes how power in man could be self created and that which is instrumental attained from his society. However a man may differ from another due to his different manners which come from his ability to negotiate between power and fear; and it is through this knowledge that the society can in the end attain peace; when fear originates from ignorance and a person’s lack of foreseeing the future. Hobbes then concludes this part of his book with the thesis that when a human being lives in a society without any social contract, at that time he is living in a â€Å"state of nature,† and when a society is bent into such a living then it is nothing more than just a flake of imagination having no true existence. As Thomas Hobbes states: â€Å"In such condition, there is no place for industry . . . no Culture of the Earth; no Navigation . . . no commodious Building; no instruments of moving . . . no Knowledge of the face of the Earth; no account of Time; no Arts; no Letters; no Society; and which is worst of all, continual fear, and danger of violent death; And the life of man, solitary, poor, nasty, brutish, and short. † (Chapter 13) References Fort, A. ,B. and Kates, H. , S. 1935 Don Juan or The Stone Death. Minute History of the Drama. New York: Grosset & Dunlap. p. 47. Retrieved on Nov 27, 2007 from. http://www. theatrehistory. com/french/donjuan001. html Hobbes, T. (1651) The Leviathan. London: Andrew Crooke. Chapter 13 Machiavelli, N. (1908). The Prince, (1513). ed. W. K. Marriott. London: J. M. Dent and Sons, Pp 60. Plato. (1994) Collected Dialogues. eds. Edith Hamilton and Huntington Cairns. Princeton: Princeton University Press.

European Convention on Human Rights Essay

A.INTRODUCTION We live in the Digital Age and in a fully globalized world in which intellectual property rights (IP rights) are no longer configured in the same way they did before. That is why the Anti-Counterfeiting Trade Agreement was designed in order to respond to new technological and human challenges. But when ACTA was revealed to the public opinion an intense debate emerged from the first moment and almost immediately civil and Internet organizations totally opposed to the content of ACTA alleging that the agreement was a serious violation of fundamental rights. On the other side, the signatory states, the right holders of those IP rights and the European Union, defended Intellectual Property as an engine of economic growth, job creation and encouragement of innovation and artistic and technological creation. The purpose of this seminar paper is to explain which provisions of ACTA hinder fundamental rights as enshrined in the different European catalogues of human rights, namely the German Basic Law, the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. But the scope of ACTA is much wider, it covers topics such as generics medicines, innovation and competition, which are not objective of this paper and therefore they will not be analyzed. In order to understand which violations are perpetrated by ACTA, this paper is divided in four parts. In the first one I will explain what is the Agreement and how was negotiated. We will see that is a matter of great topicality since the final vote at the European Parliament is about to take place, specifically in a month. Second, I will explain how those catalogues of fundamental rights relate to each other. In other words, how a multilevel of protection of fundamental rights affect the guarantees protected by those rights. Third, I will analyse which provisions of ACTA do not respect European fundamental rights. Finally, I will draft some conclusions. B.THE ANTI-COUNTERFEITING TRADE AGREEMENT I.WHAT IS ACTA The Anti-Counterfeiting Trade Agreement (ACTA) is a multilateral agreement  which its main objective is to establish a harmonized standard for the enforcement of intellectual property rights in order to combat the violation of protected rights all around the world. In order to fulfill this task, the agreement contains provisions on international cooperation between States and the coordination of law enforcement, especially the introduction of civil and criminal sanctions for intellectual property infringements , such as counterfeit goods, generic medicaments and copyright infringements on the internet. The countries involved in the Agreement are the United States, Japan, Canada, the European Union (with its 27 Member States), Switzerland, Australia, Mexico, Morocco, New Zealand, South Korea and Singapore, making a total of 11 contracting parties. Since ACTA is an international agreement that bounds only the contracting parties, it is a method of creation of a new international law. According to the EU Commission â€Å"ACTA will help countries work together to tackle more effectively Intellectual Property Rights (IPRs) infringements† . So the interest of the EU to sign this agreement resides in the concern of remaining at a relevant position in the global economy and by this way being able to protect the jobs related to intellectual property all around the European Union. The Agreement is divided in Chapter I for Initial provisions and general definitions; Chapter II for the Legal framework of enforcement of Intellectual Property Rights (and subdivided in Section 1: General Obligations with Respect to Enforcement, Section 2: Civil Enforcement, Section 3: Border Measures, Section 4: Criminal Enforcement and Section 5: Enforcement of Intellectual Property Rights in the Digital Environment); Chapter III for Enforcement practices; Chapter IV for International cooperation; Chapter V for Institutional arrangements and Chapter VI for Final Provisions. II. HOW IS ACTA BEEN NEGOTIATED During the whole process of negotiation of ACTA, much criticism has arisen due to the lack of transparency and the possible violation of fundamental rights. The potential infringements of fundamental rights will be discussed at a further moment and now we will see how the whole agreement was decided. On 23 October 2007 the office of the Unites States Trade Representatives released an announcement about a new initiative called ACTA . The objective of this agreement was to address a â€Å"new international agreement focused on  cooperation, best practices, and a strong legal framework for Intellectual property rights enforcement†. Since then, eleven negotiation rounds took place between June 2008 and October 2010. But what it was unusual is the fact that this new agreement on intellectual property rights was never negotiated under the scope of the WIPO or the WTO. The Member States of the European Union were represented by the European Commission and the Presidency of the Coun cil. The first consolidated text of ACTA was drafted at the eighth negotiation round in Wellington (New Zealand) in April 2010. On June 2011, the European Commission asked a proposal for a Council Decision on the conclusion of ACTA , and in December 2011 the final version of the Agreement was adopted unanimously by the Council and signed by the European Commission and 22 Member States on 26 January 2012 (Germany, Cyprus, Estonia, the Netherlands and Slovakia have not signed it yet). In order to be part of EU law the Agreement must be ratified by the EU, which means approval by the European Parliament under the procedure for international commercial agreements described in Article 218(6) TFEU and ratification by Member States under their national procedures. Knowing that there is a need of a vote at the European Parliament, the society has expressed its concerns about ACTA by mobilizations all over Europe thanks to the effort of some NGOs and Internet movements, and even declarations of some MEPs . This made Commissioner Karel De Gucht, under the procedure foreseen at Art. 218(11) TFEU, to decide to refer the Agreement to the Court of Justice of the European Union . So on 4 April 2012 the question decided unanimously by the College of Commissioners that was sent to the ECJ was: â€Å"Is the Anti-Counterfeiting Trade Agreement (ACTA) compatible with the European Treaties, in particular with the Charter of Fundamental Rights of the European Union?†. It is known that rulings from the ECJ take time, but until the opinion is made, the European Parliament decided to uphold its vote until the ECJ had made any conclusion . However, it decided that it will continue to supervise the Agreement. The next logical step would had been to make another referral to the ECJ by the European Parliament, but on 28 March, this Institution decided to reject a referral to the Court of Justice because there was â€Å"no need to do so, because the file will anyway go to the court – according to intentions announced by the European Commission†. It was surprising how the EU Digital Agenda Commissioner  Neelie Kroes suggested at a conference on internet freedom in Berlin on 4 May 2012 that ACTA was probably not going to be ratified since she stated that â€Å"We are now likely to be in a world without SOPA and without ACTA. Now we need to find solutions to make the Internet a place of freedom, openness, and innovation fit for all citizens, not just for the techno avant-garde†. This does not mean that the Agreement will be immediately rejected, there is a need to hold a vote at the European Parliament in order to do so. The final vote on ACTA has been scheduled for the 3-5 July 2012 , but before ACTA goes to vote before the European Parliament, several EP committees will be giving their opinions on the 31 May 2012, namely the Legal Affairs Committee (JURI), the Industry Committee (ITRE) and the Civil Liberties Committee (LIBE). Once these committees have drafted an opinion, the main committee in charge on ACTA, the International Trade Committee (INTA), will decide on the 21 June 2012 and it will elaborate a final report that will be used by the European Parliament for its final vote on ACTA. As we have seen, the whole negotiation of ACTA has been of major relevance not only to the public opinion, but also for the MEPs and some other Organs of the European Union, like the European Data Protection Supervisor. Remains to be seen what the final decision of the European Parliament would be and this will undoubtedly have consequences in both ways: If ACTA is ratified by the Parliament, the Agreement will come into force, but if not, it will be pretty much dead if it does not have the support of the European Union. So we still need to wait until the 3-5 July 2012 to see how it will all end and the next weeks are going to be of extremely importance because the ratification process is not over yet, meaning that the issue is really topical. C.THE DIFFERENT LEVELS OF PROTECTION OF FUNDAMENTAL RIGHTS IN EUROPE In this section I will explain the relationship between the different catalogs of fundamental rights that concern this seminar paper, namely the German Basic Law, the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights or ECHR) and the Charter of Fundamental Rights of the European Union (Charter). It is obvious that this classification can raise questions to EU citizens when they seek  the protection of their fundamental rights, since they exist up to four catalogues: the national constitutions, the ECHR, the case law of the ECJ and the Charter . I.THE DEVELOPMENT OF FUNDAMENTAL RIGHTS THROUGH THE ECJ AND THE ECtHR At one first moment the ECJ declared it had no jurisdiction to ensure compliance with national law, which did include a catalog of fundamental rights within the national Constitutions. This first stage was changed after the Stauder decision of 12 November 1969 that said that fundamental rights are part of the general principles of Community Law , and the CJEU has the task to protect them, but it didn’t say which rights were those: â€Å"Interpreted in this way the provision at issue contains nothing capable of prejudicing the Fundamental Human Rights enshrined in the general principles of Community Law and protected by the Court†. The next step on the case law of the ECJ was the Internationale Handelsgesellschaft judgment of 17 December 1970. Here the Court confirms the existence of general principles for the protection of fundamental rights within the Community Law inspired by the constitutional traditions common to the Member States : â€Å"[†¦] in fact, respect for fundamental rights forms an integral part of the general principles of law protected by the Court of Justice. The protection of such rights, whilst inspired by the constitutional traditions common to the Member States, must be ensured within the framework of the structure and objectives of the Community†. But the ECJ stated that Community law could not be judged against national law, even constitutions: â€Å"[†¦] the validity of a Community instrument or its effect within a Member State cannot be affected by allegations that it strikes at either the fundamental rights as formulated in that States’ constitution or the principles of a national constitutional structure.† By this way, the Court had to analyze the situation under the national law of the Member States when it was faced with a situation with no legal or insufficient response. Four years later, the Nold judgment of 14 May 1974 made a reference to international treaties as elements of inspiration for the definition of a scope of fundamental rights, but also the ECJ stated that it cannot go in a different dir ection to the one established in the constitutional laws of the Member States. By doing  so, the rights recognized in the different legal orders where the limit to the action of the ECJ: â€Å"In safeguarding these rights, the Court is bound to draw inspiration from constitutional traditions common to the Member States, and it cannot therefore uphold measures which are incompatible with fundamental rights recognized and protected by the Constitutions of those States. Similarly, International Treaties for the protection of human rights on which the Member States have collaborated or of which they are signatories, can supply guidelines which should be followed within the framework of Community Law†. As the judgment states, the ECJ refers namely to the Convention for the Protection on Human Rights and Fundamental Freedoms of 1950 (ECHR), becoming this latter treaty the maximum standard for the protection of fundamental rights. Nevertheless it must be said that the constitutional traditions of the Member States as source of inspiration does not mean that t he rights within can be invoked in ECJ. The final step was made in the Hauer judgment of 13 December 1979, when the ECJ stated that: â€Å"[†¦] that fundamental rights form an integral part of the general principles of the law, the observance of which it ensures; that in safeguarding those rights, the Court is bound to draw inspiration from constitutional traditions common to the Member States, so that measures which are incompatible with the fundamental rights recognized by the constitutions of those States are unacceptable in the Community; and that, similarly; international treaties for the protection of human rights on which the Member States have collaborated or of which they are signatories, can supply guidelines which should be followed within the framework of Community Law†. By holding that fundamental rights are an integral part of the general principles of law the observance of which the Court ensures, the ECJ has accomplished two things: To incorporate a central feature of modern constitutions into t he corpus of EC law and to help strengthen the authority of EC law against potential challenges before national courts in the name of domestic constitutional rights . The next step in cooperation between Community law and the ECHR was given in the cases of Matthews and Bosphorus . In Matthews was decided that Member States can be held responsible if EC primary law violated the ECHR, because those Member States are still responsible for infringements although they have transferred some of their competences to the European Communities. In Bosphorus the problem at issue  was whether an EU Member State could be responsible under the ECHR for an execution of a Community Regulation. As stated in Matthews, Member States are responsible for acts and omissions of its organs regardless whether the competencies are national or at supranational level, but the difference was that in this case, the Member State was obliged by a Regulation, which gives no discretion when implementing it. In order to solve this situation, the ECtHR gave a status of â€Å"equivalent protection† to the ECJ, meaning that â€Å"State action taken in compliance with such leg al obligations is justified as long as the relevant organization is considered to protect fundamental rights, as regards both the substantive guarantees offered and the mechanisms controlling their observance, in a manner which can be considered at least equivalent to that for which the Convention provides† . The Court continues: â€Å"If such equivalent protection is considered to be provided by the organization, the presumption will be that a State has not departed from the requirements of the Convention when it does no more than implement legal obligations flowing from its membership of the organization† . Since that level of protection was indeed guaranteed by former judgments of the ECJ, the ECtHR decided not to interpret Community law and from now on, the ECJ has an equivalent protection of fundamental rights as the one within the ECHR. When the Charter of Fundamental Rights of the EU (Charter) came into force with the Treaty of Lisbon , the ECJ could now rely its fundamental rights jurisdiction on a single catalog of European law . But what is the relationship between the rights in the Charter and the ones in the ECHR? Article 52(3) of the Charter explains it: â€Å"Insofar as this Charter contains rights which correspond to rights guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms, the meaning and scope of those rights shall be the same as those laid down by the said Convention. This provision shall not prevent Union law providing more extensive protection†. The reason for such provision is to avoid a lower standard of protection than the one of the ECHR. Therefore, a restriction of a fundamental right can only be acceptable under the terms of the ECHR and it prevents possible confusion of the Member States when being subjected to two different catalogs of rights . Moreover, as the Charter reiterates and complements the ECHR, there is no dual system of fundamental rights. In fact, it reaffirms the same common list of fundamental rights . II.THE RELATIONSHIP BETWEEN THE GERMAN FEDERAL CONSTITUTIONAL COURT AND THE EUROPEAN COMMUNITIES / THE EUROPEAN UNION The main problem at stake was that two different levels of protection were created. One circle was the one created by the case law of the ECJ and the other circle was the list of rights protected by the national constitutions . How did the German Federal Constitutional Court solve this problem? In the Solange I -decision, the German court stated that in case of conflict between the Community law and fundamental rights protected in the German Basic Law, the latter would prevail as long as the European Communities did not have a catalogue of fundamental rights which is equivalent to the catalogue of fundamental rights guaranteed by the German Constitution. But after how the ECJ ruled, namely after Nold and Hauer, the German Constitutional Court changed its opinion and stated in the Solange II -decision that as long as the European Communities ensured a protection of fundamental rights which is to be regarded as substantially similar to the protection of fundamental rights by the German Constitution, and safeguards the essential content of fundamental rights, it is not an obligation for the Constitutional Court to examine the compliance of Community law with the German law. But in 1993, the German Constitutional Court seemed to go back to the previous doctrine of the Solange I-judgment in its famous Maastricht decision , where it stated that from that moment it wanted to apply its jurisdiction regarding to the protection of fundamental rights in a cooperation relationship with the ECJ. The Constitutional Court had the strong opinion that it is the only one capable of protecting the fundamental rights enshrined in the Basic Law, so for this purpose it extends the meaning of public power and declares that no matter what kind of power (German Government or the European Communities) violates fundamental rights enshrined in the Basic Law because it will always have the jurisdiction. By doing so, the former Communities were supervised by the German Federal Court every time their activity fell under the scope of application of the Basic Law. Seven years later, in June 2000, the Court changed its mind again at the Bananenmarketordnung judgment. It explained tha t the previous doctrine was a â€Å"misunderstanding†. The German Constitutional Court will review  possible violations of fundamental rights only if the European Communities fail to do so. But this cannot be justified by a single case, but by a serious deficiency at european level . This means that while the ECJ continues to effectively protect fundamental rights, there will be no German control of those rights over the European law. We can conclude that over the ruling of the German court, this has been a reluctance to recognize the supremacy of Community law concerning the protection of human rights, but this supremacy has finally been recognized as a prerequisite for Germany to participate in the European Integration Process . III.THE RELATIONSHIP BETWEEN THE GERMAN FEDERAL CONSTITUTIONAL COURT AND THE EUROPEAN CONVENTION ON HUMAN RIGHTS The European Convention on Human Rights (ECHR) contains a catalogue of fundamental rights which the Federal Republic of Germany is bound to guarantee as well, since it ratified the convention on 3 September 1953. The basic principle of International law pacta sunt servanda obliges to do it . It was never a problem, since the fundamental rights protected in the German Basic Law followed a parallel interpretation to the ones guaranteed in the ECHR. In fact, Articles 1 to 9 from the Basic Law bear resemblance to the ones in the ECHR . In addition, the Constitutional Court elaborated the concept of Và ¶lkerrechtsfreundlichkeit of the Basic Law , which means that Germany’s fundamental rights should be interpreted in the same way as the ones enshrined in the ECHR in order to fill the possible gaps in the reading of both catalogues . So when interpreting the Basic Law, the development of the ECHR needs to be taken into account without, of course, restricting the protection provided in the Basic Law. It seems that this doctrine would not lead to a confrontation between the German Federal Constitutional Court and the European Court for Human Rights (ECtHR), but this was not the case in the Gà ¶rgà ¼là ¼ judgments. It is peculiar how the German Court does not confirm that a judgment of the Strasbourg Court should be simply executed, but instead says that â€Å"the authorities and courts of the Federal Republic of Germany are obliged, under certain condition, to take account of the European Convention on Human Rights as interpreted by the ECtHR in making their decisions.† . By saying â€Å"taking account† and not, for example, â€Å"comply  with† the Court declares that under some circumstances it can decide not to execute a judgment of the ECtHR. The only requisite is that the competent court under the German legislation needs to give reasons why this doctrine can be applied . In fact, the German judgment states : â€Å"If [†¦] the ECtHR establishes that there has been a violation of the Convention, and if this is a continuing violation, the decision of the ECtHR must be taken into account in the domestic sphere, that is the responsible authorities or courts must di scernibly consider the decision and, if necessary, justify understandably why they nevertheless do not follow the international-law interpretation of the law.† The main reason for this was that it could be eventually possible that under the view of the ECtHR a situation could be interpreted widely and under the German law it should be more carefully viewed. But still, after the ECtHR has made its decision, national authorities cannot challenge it, except when, in opinion of the German Court, through a constitutional complaint . The Federal Constitutional Court thinks of itself as the Guardian of the due to respect of ECtHR’s decisions . Although this new doctrine means a significant change in the case law of the German Court it does not affect the content of the fundamental rights within both catalogues. It is true that now the German Court could be a kind of appeal organ in some cases for the judgments of the ECtHR, but as already said, both catalogues interpret their rights in the same way, so it is not a question of which rights prevail, but a question of sovereignty that does not affect the interpretation of those rights. IV.IS THERE A TRUE MULTI-LEVEL OF PROTECTION OF FUNDAMENTAL RIGHTS IN EUROPE? It is true that within every State exist three different catalogues of protection of fundamental rights, namely the national Constitutions (the Basic Law), the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union (plus the case law of the ECJ), but as we have seen each of these lists are interrelated to each other: -ECJ draws inspiration of national constitutional traditions and the ECHR; -The Charter has its minimum standard of protection in the ECHR; -The fundamental rights in the German Basic Law must be interpreted as in the ECHR. Therefore, when an agreement like ACTA infringes fundamental rights it  does it indeed at a multi-level, but that does not mean that such rights have a different protection or a different interpretation within the distinct catalogues. D.ACTA AND FUNDAMENTAL RIGHTS ACTA have undeniable effects on fundamental rights as protected in the German Basic Law, the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. Namely, these rights are: -The right to freedom of expression and information (Art. 5(1) BL; Art. 10(1) ECHR; Art. 11(1) Charter); -The right to privacy and data protection (Art. 10(1) BL; Art. 8(1) ECHR; Art. 7 and 8(1) Charter); -The right to a fair trial (Art. 103(1) BL; Art. 6 ECHR; Art. 47 Charter); We will also discuss about the â€Å"fundamental principles† that ACTA seems to guarantee. I.THE RIGHT TO FREEDOM OF EXPRESSION AND INFORMATION Art. 10(1) ECHR guarantees the right to freedom of expression and information, but also the right to freedom to hold opinions and to receive and impart information without interference of public authorities . The German Basic Law must consider the ECHR as source of interpretation when applying its Art. 5(1) BL. Moreover, ECJ has considered the right to freedom of expression and information as one of the general principles of European law which is enshrined now in Art. 11(1) Charter. It is impossible to deny the importance that today has the Internet when talking about freedom of expression and information: online newspapers, video channels, bloggers, webmasters, tweeters, etc. The ECtHR has many times stated that freedom of expression is the foundation of a democratic society: â€Å"The Court’s supervisory functions oblige it to pay the utmost attention to the principles characterising a â€Å"democratic society†. Freedom of expression constitutes one of the essential foundations of such a society, one of the basic conditions for its progress and for the development of every man† . Moreover, the UN Special Rapporteur on Freedom of Expression has declared that access to the Internet and the freedom to seek, receive and impart information and ideas over the Internet is an inherent part of the freedom  of expression . In a democratic society people must feel free to express their ideas and must be able to receive information with no censorship. Any action that goes in a different direction would hinder the fundamental rights within the different European catalogues. Art. 23 ACTA refers to criminal offences: 23(1): Each Party shall provide for criminal procedures and penalties to be applied at least in cases of wilful trademark counterfeiting or copyright or related rights piracy on a commercial scale [Fn]. For the purposes of this Section, acts carried out on a commercial scale include at least those carried out as commercial activities for direct or indirect economic or commercial advantage. Article 23(1) ACTA implies the criminalisation of certain acts carried out in the digital environment, but it does not define in a clear way what kinds of acts could be considered as criminal offences. We should ask whether private file sharing match the nature of those acts. In opinion of the EDPS , the article makes no reference to criminal offences recognised in the law of the contracting parties, so he deduces that the provision refers to a new category of offences which Art. 23(1) ACTA fails to provide with a clear definition to meet the legal certainty required. Another worrying provision from Art. 23(1) ACTA are the notions of â€Å"commercial scale† and â€Å"direct or indirect economic or commercial advantages† which are also not defined at all. The EDPS thinks that the interpretation of those words can be very broad and include acts carried out by individual in the Internet that could be innocent and/or trivial . Since there is no list again of what acts could be done at a â€Å"commercial scale† this is not sufficient to see whether that notion would fit under the definition that the European Union gives to â€Å"commercial scale†, which excludes those acts â€Å"carried out by private users for personal and not-for profit purposes† . All these measures are real interferences to the right to freedom of expression and information because such a legal uncertainty could criminalise innocent and trivial Internet data exchange, which its main purpose is not to violate IP rights, but the possibility to expre ss, be informed, hold opinions and to receive and impart information which are essential for a democratic society. One of the reasons of why ACTA was so much criticized in the beginning was due to the so unpopular ISP liability  and the â€Å"three strikes† rule. This was originally intended by the drafters of the Agreement which did not please the public opinion when a provisional version of the agreement was leaked . As the European Parliament study on ACTA on July 2011 reveals, there were extensive provisions relating â€Å"liability of online service providers, including restricted safe harbours; takedown or removal of material at the request of rightholders; and third party secondary, and contributory liability. In prior proposals put forward by other parties, provisions for the cutting-off of internet service of infringers (so-called three strikes provisions) were also put forward, although these did not appear in later texts†. In the actual consolidated version such measures were eliminated from the Agreement. However, residues of liability can be seen in Art. 27 ACTA: Art. 27(1): Each Party shall ensure that enforcement procedures, to the extent set forth in Sections 2 (Civil Enforcement) and 4 (Criminal Enforcement), are available under its law so as to permit effective action against an act of infringement of intellectual property rights which takes place in the digital environment, including expeditious remedies to prevent infringement and remedies which constitute a deterrent to further infringements. Art. 27(2): Further to paragraph 1, each Party’s enforcement procedures shall apply to infringement of copyright or related rights over digital networks, which may include the unlawful use of means of widespread distribution for infringing purposes. These procedures shall be implemented in a manner that avoids the creation of barriers to legitimate activity, including electronic commerce, and, consistent with that Party’s law, preserves fundamental principles such as freedom of expression, fair process, and privacy. [fn] Footnote: For instance, without prejudice to a Party’s law, adopting or maintaining a regime providing for limitations on the liability of, or on the remedies available against, online service providers while preserving the legitimate interests of right holder. There is the opinion that the initial idea of the drafters of ACTA still remains in their minds. The footnote suggests that liability on ISPs will always exist, but now, the only requisite is to have a limit to this liability, but it does not say under what terms it must be done. What it says is that interests of rightholders are the first ones to take account. According to this opinion , this would still allow ISPs to disconnect users of alleged IP rights violations and therefore deprive them  of their right to freedom of expression and information. II.THE RIGHT TO PRIVACY AND DATA PROTECTION Art. 8(1) ECHR guarantees also the confidentiality of individual communications, that is why private life and correspondence are protected under the same article. Since telephone communications fall within the scope of the article, Internet communications too. Art. 10(1) BL goes beyond and also protects from prohibitions, interruptions or delays of communications . Both rights are considered basic principles of European law and now they are enshrined in Arts. 7 and 8(1) Charter. The provisions of ACTA that violate these specific rights are Art. 11 and Art. 27(4): Art. 11: Without prejudice to its law governing privilege, the protection of confidentiality of information sources, or the processing of personal data, each Party shall provide that, in civil judicial proceedings concerning the enforcement of intellectual property rights, its judicial authorities, at least for the purpose of collecting evidence, relevant information as provided for in its applicable laws and regulations tha t the infringer or alleged infringer possesses or controls. Such information may include information regarding any person involved in any aspect of the infringement or alleged infringement and regarding the means of production or the channels of distribution of the infringing or allegedly infringing goods or services, including the identification of third persons alleged to be involved in the production and distribution of such goods or services and of their channels of distribution. Art. 27(4): A Party may provide, in accordance with its laws and regulations, its competent authorities with the authority to order an online service provider to disclose expeditiously to a right holder information sufficient to identify a subscriber whose account was allegedly used for infringement, where that right holder has filed a legally sufficient claim of trademark or copyright or related rights infringement, and where such information is being sought for the purpose of protecting or enforcing those rights. These procedures shall be implemented in a manner that avoids the creation of barriers to legitimate activity, including electronic commerce, and, consistent with that Party’s law, preserves fundamental principles such as freedom of expression, fair process, and  privacy. Under Art. 11 extensive disclosure orders are allowed . This covers â€Å"infringers†, â€Å"alleged infringers† and â€Å"any person involved in any aspect of the infringements or alleged infringement†, they also include â€Å"the identification of third persons alleged to be involved†. In addition, Art. 27(4) allow data disclosures for the purpose â€Å"to identify a subscriber whose account was allegedly used for infringement†. But are IP addresses personal data? In order to know that, we need to read the definition of personal data provided in Art. 2 Directive 95/46/EC : â€Å"any information relating to an identified or identifiable natural person (â€Å"data subject†); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number†. It is obvious that such IP addresses constitute personal data since individuals can be identified by those numbers. Although the purpose of those articles is the detection and prevention of possible IP rights infringements, the wording makes it clear that Internet users will not be warned while they are being monitorised, even if they are not suspicious for having infringed some sort of IP rights. Moreover, this monitoring would be done by ISPs if right holders ask them to do so. In opinion of the EDPS a generalised monitoring is an act that invades individuals’ private sphere. So, for these acts to be justified, they must be necessary and proportionate, but when ACTA does not apply any limit to the monitor process it is obvious that it would count as infringements all those acts that are carried out for no profit. If there is no proportionality and rightholders can access to private data with no restrictions, even if individuals are not violating IP rights, it is a clear example of an infringement to the right to privacy and data protection. III.THE RIGHT TO A FAIR TRIAL The right to a fair trial is a general principle of law of the European Union common to the Member States and which the Federal Republic of Germany is bound by it , which is now embodied in Art. 47(2) Charter. Also Art. 6 EMRK protects the right of a fair trial and since the Và ¶lkerrechtsfreundlichkeit doctrine Art. 103(1) BL gives meaning to it. Art. 12 ACTA contains the provisional measures which are part of the legal answers that right holders can rely on in civil law. But Art. 12(2) fails to provide guarantees for a  fair trial: Each Party shall provide that its judicial authorities have the authority to adopt provisional measures inaudita altera parte where appropriate, in particular where any delay is likely to cause irreparable harm to the right holder, or where there is a demonstrable risk of evidence being destroyed. In proceedings conducted inaudita altera parte, each Party shall provide its judicial authorities with the authority to act expeditiously on requests for pr ovisional measures and to make a decision without undue delay. It is true that provisional measures, even in inaudita altera parta procedures, are allowed, but only because they are the exception. This is against the principle of â€Å"equality of arms† defined by the ECtHR (and followed by the German Federal Court and the ECJ) that means that in judicial procedures a defendant may not be placed at a substantial disadvantage against his counter-party . When such a possibility is accepted by a legal system it also provides safeguards to ensure that the defendant can restore his â€Å"equality of arms†. But ACTA do not seem to provide this. It does not stress that provisional measures and proceeding inaudita altera parta should be the exception and this could lead to two possible consequences. First, when protecting IP rights it is justified to use those extraordinary measures as normal and second, that there is no need to provide guarantees . Regarding the provisional measures of Art. 27(4) it is not clear to which â€Å"competent authorities† the article refers to. In opinion of the EDPS the ambiguous concept does not provide with the sufficient legal cert ainty of whether the disclosure of information would be taken place by judicial authorities. He believes that such concept could also include administrative bodies that are not embodied with the sufficient â€Å"guarantees of independence, impartiality and respect of the rights to the presumption of innocence and to a fair trial†. It must be also considered that ACTA enable to private parties to adopt functions that belong to judicial authorities and it seems as if there is a â€Å"privatisation† of IP rights law . Art. 27(3) enable the â€Å"business community† to address IP infringements: Each Party shall endeavour to promote cooperative efforts within the business community to effectively address trademark and copyright or related rights infringement while preserving legitimate competition and, consistent with that Party’s law, preserving fundamental principles such as freedom of expression, fair process, and privacy. Right holders cannot judge  whether a particular action violates IP rights, in fact, when certain type of data must be processed in relation to suspected offences or criminal convictions, Art. 8(5) Directive 95/46/EC states that those acts †may be carried out only under control of official authority, or if suitable specific safeguards are provided under national law†. Moreover, the UN Special Rapporteur on Freedom of Expression has stated that â€Å"Lack of transparency in the intermediaries’ decision making process also often obscures discriminatory practices or political pressure affecting the companies’ decisions† and â€Å"To avoid infringing the right to freedom of expression and the right to privacy of Internet users, the Special Rapporteur recommends intermediaries to: only implement restrictions to these rights after judicial intervention† . If ACTA does not make any effort to offer any guarantee to the right to a fair trial and even aims to provide the â€Å"business community† with the powers of the judicial authorities it is evident that departs from the fundamental rights enshrines in the Basic Law, the ECHR and the Charter. IV.THE â€Å"FUNDAMENTAL PRINCIPLES† The digital chapter, namely Arts. 27(2), 27(3) and 27(4) refers to the need to preserve â€Å"fundamental principles such as freedom of expression, fair process and privacy†. The EDPS states that by only referring to those principles and no giving real safeguards is not enough. He asks himself whether the drafters of the Agreement did not choose o include â€Å"fundamental rights† instead of â€Å"fundamental principles†, since freedom of expression and privacy are not â€Å"principles†, but fundamental rights. Also, the negotiators chose to avoid referring to the right to a â€Å"fair trial† or to the right to â€Å"due process†, instead they referred to the term: â€Å"fair process†, which, as confirmed by the European Commission , that is not a fundamental principle of international law. To make a comparison, the EDPS gives an example of the necessary safeguards that must be always included and must always be â€Å"in conformity with the European Convention on Human Rights and general principles of Community law, including effective judicial protection, due process, the principle of presumption of innocence and the right to privacy†. It seems that such terms are not intended to properly ensure  fundamental rights in the way they do the different European catalogues. D.CONCLUSIONS It is true that IP rights must be protected and since we live in a digital era, that task has become more difficult due to a more globalized world. But the protection of IP rights must not be given precedence over fundamental rights. ACTA have failed to respect the fundamental rights within the Basic Law, the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. Much of it is due to a very vague, ambiguous and unclear wording of its provisions, making it impossible to foresee what kind of actions, both civil and criminal, infringe intellectual property rights. Moreover, there are no explicit de minimis rules that could make the provisions of ACTA proportionate so they do not hinder fundamental rights. IP rights are not above fundamental rights. This is something that the ECJ stated twice in the Telefà ³nica/Promusicae and Scarlet/Sabam cases. Namely, in the latter said that a â€Å"a fair balance be struck between the right to intellectual property, on the one hand, and the freedom to conduct business, the right to protection of personal data and the freedom to receive or impart information, on the other†. ACTA will be voted next month at the European Parliament and it seems that MEPs will vote against it (although it is not sure yet). Meanwhile, the European Court of Justice will decide whether the Agreement is compatible with the rights in the Charter of Fundamental Rights of the European Union and, as we have seen, there are grounds for the incompatibility of ACTA with this catalogue of rights. If we want to enforce the legitimate IP rights that rightholders have we need to stop criminalising trivial and private use of data in the Internet, we need to stop thinking in mechanisms to deny access to information and we need to ensure that judicial authorities continue to be the ones capable to enforce those rights.