European Law assessment Essay Example | Topics and Well Written Essays - 2000 words

European Law assessment - Essay Example Essentially, if the national court has â€Å"any real doubts†¦it should ordinarily refer†.1 Sir Bingham’s interpretation is far too close to the duty imposed on the courts of final appeal. As determined by the ECJ in Srl CILFIT and Lanificio di Garvardo SpA v Ministry under Article 234 (now Article 267), a court of final appeal is required to refer to the ECJ unless the issue of Community law arising at the trial is irrelevant or had already been determined by the ECJ or the resolution is obvious.2 In other words, the court of final appeal is required to make a reference to the ECJ where there is a real doubt pertaining to an issue of Community law. The use of the word â€Å"may† in Article 267 is hardly coincidental. It could only mean that under Article 267, national courts do not have a mandatory obligation to refer questions of Community law to the ECJ.4 The duty to refer preliminary questions on the interpretation and application of Community law is only mandatory when a court of final appeal is hearing the relevant case and remedies at the national level have been exhausted.5 However, when Sir Bingham’s ruling is considered together with the wider objectives of Article 267, his interpretation of Article 267 is entirely compatible with Article 267. The provision of preliminary references under Article 267 of TFEU is often characterized as the main â€Å"procedural† nexus for linking national courts with the ECJ within the Community’s legal framework.6 It makes the procedural link between national courts and the ECJ by providing a method by which member states integrate their legal systems in that national courts can ensure that Community law are enforced throughout the Community.7 There are essentially two primary goals enshrined in Article 267 of TFEU. Firstly, the preliminary reference procedure within the ambit of Article 267 is aimed at preserving national courts’ independence. Secondly, it is aimed at facilitating consistency,

US Political Parties And Elections Essay Example for Free

US Political Parties And Elections Essay The architects of the United States constitution had not envisioned the predominant role that political parties were to play later in the United States politics. No provision for their operations had been outlined by the constitution in relations to the system and process of governance. This emanated from a general belief that political parties were rich grounds for corruption and would impede the general decision making process of individuals on important issues facing the nation. Political parties then were considered by the likes of James Madison to be factions that would usurp the powers and the roles of the government. With time however, political parties emerged as the political environment got more conducive for them. The have evolved through time and have played an important role in the politics of the United States.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Analyzing political parties in the United States from far is not likely to bring any meaningful insights. The American party system is weak in terms of organization and composition. They contain class and ideological differences that normally bring divisions internally. The American political field has been in overtime now been characterized by a two party. These two parties are not ideologically unique as they strive to take an all inclusive approach. By the turn of the 20th century, political parties were the in thing and the American citizens would align themselves either as Republicans or Democrats. By then elections could record over an 80 percent electorate’s turnout. This turnout continued to decline with time. For example the second half of the century recorded the lowest turn out. It stood at 63% in the 1960s elections and has continued to decline to barely 50% in the recent elections. This probably emanates from the inability of the parties to mobilize enough support for their parties (David Pomerantz, March 1990).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Although major parties have continued to draw public support over the years, they have not been without the incidences of major fallouts that would threaten their existence. In the early part of the 20th century, the Republican Party had been rocked with an eminent fall out that was emanating from ideological differences between the conservatives. This row was a characteristic of both parties but it is the Republican Party that bore the greatest blunt. It led to a split that would see the formation of the progressive party that went ahead to field its own presidential candidate in the elections. This candidate lost but clocked the highest amount of votes every by someone outside the two key parties.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The role of the political parties in the first half of the century was significant and electorates were guided by the parties in their voting patterns. The major breakaway a times experienced in the two parties emanates from the rise of charismatic leaders whose popularity sometimes surpassed even party boundaries.   The rise of the Progressive Party and the American Independent Party of 1968 is a witness to this. In both these occasions these parties were held at the realm of the leaders whims such that after the leaders decide to join the mainstream the parties are broken up and rejoin the major parties.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Political parties exist to serve a number of factors in the political scene. These would range from articulation of the populations demands, bringing together of the various diverse interests in the society, promoting stability and coordinating governments activities and institutions. Almost all political scholars are in agreement that there has been a decline of political parties’ role in accomplishing the above. These changes have been more pronounced from the 1950s. Prior to this, parties were effective in representing the broad views of the various interests and coalitions.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The changes that have occurred in the political parties in America can be measured rather subjectively by looking at their membership, identities, voting parties and turnout. Unlike the early times when membership and activism in the party was respected and widely acknowledged, statistics indicate that from the 1980s, only close to two percent of the whole American population could pride themselves of playing any active role in their specific parties. Whereas by then activism was party based and was meant to mobilize and popularize the party, nowadays it is candidate oriented and to an extension, issue based. This is one factor that has been identified as weakening the major parties. It is apparent that political parties have been on the decline and in their place, have given rise to politics that revolve around certain candidates rather than the parties. Ross Perot was able to make a political in road in both 1968 and 1996 because of this decline. The congress too has decreased its traditional pattern of voting along ones party’s orientation. Congress members have been voting predominantly in regard to issue at hand and the perceived electorate’s pressure rather than along the traditional party lines. A look at the presidential elections in the recent years indicates major differences in the emphasis on the importance of political parties. Whereas in the presidential elections, at the turn of the century up to the new deal, the likes of Roosevelt were appealing to the electorates through the party machineries and structures. This is a trend that has come to change. Campaigns then would be based at the party level (Daniel H., Dennis R. J B, 1991). Reagan and Clinton are good examples of presidents that took to their campaigns to the public with minimal regard of their parties. This is in the understanding that it is not the parties that put them in the office but the public. This by passing of the political parties by the president has continuously eroded the role that they play in mobilization. People now vote for individuals and no longer for the parties. A look at the major political parties might give an insight into why political participation and their role have been on the decline. The Democratic Party mainly draws its support from the liberal groups, civil rights movements, middle and lower class workers and minority groups especially in the south. In the recent times there have been no major sensitive issues that could elicit the emotions of these varied groups and woo them into supporting the parties. Ideologically the two parties look almost similar and so have the candidates. This should explain the reason why many voters seem to have lost interest in their parties, choosing to back their preferred candidates instead. The relative success of the independent candidates indicates that a good proportion of the electorate is choosing to remain unaffiliated to either of the parties and opting to remain neutral. Peoples’ involvement in political parties has declined to near zero percent. A trend that has grown throughout the century is where the candidates no longer use the party for their campaigns utilizing the professionals rather than party amateurs. Candidates no longer respond to the dominant issues through the party organs but rather do it through the media. This brings us to the phenomena that is characteristic of the 80s and continues to grow from strength to strength. The media is slowly usurping the role of political parties in the candidate’s efforts to present their issues to the public. Although media campaigns have always been there in the American election, they have taken a gigantic role in marketing the candidates rather than the parties. Candidates can now present themselves to the electorate with no endorsement from the relevant parties. This trust in the media as the channel through which to popularize themselves has eroded and diminished the powers and authority that a party has over a candidate. The traditional practice, for example, would be for the party members or officials to sit down and select one of their own to be a running mate in the presidential race. This has changed as media attention sometimes seems to be focused on those who are ready to market themselves in the public. The role of party campaign machinery and financing is also dwindling and candidates are relying more on their won individual campaign organizations, hence loyalty to parties is minimal. With the parties’ role declining, so does the party’s interaction with the constituents decrease. However, at the grass root level, this has been the trend throughout the century and has seen party candidates being chosen through the primary process. But generally, the parties have lost touch with the constituents and it is up to the candidates sensitize the constituents; they act as a link between the grass root supporters and the parties. Involvement of the constituents is reduced only to their voting in the primaries (Cohen, Jeffery E, 2001). A comparison of the role of the political parties between the United States and Europe paints a grim picture for America. In Europe, for example in Britain, the parties still play a crucial role in articulation of important issues. This is unlike the same roles played by parties in the U.S. Indeed, a look at the trend throughout the 20th century as the parties roles in national politics and individuals lives decline so have their strength. Important issues are now articulated not by the political parties themselves but rather by social movements and personalities. The role of political parties has declined in the elections and has taken a candidate based approach. The candidates themselves resort to using the media to publicize themselves and their manifestos rather the party organs. This is explained by the rising significance of the media in articulation of policies and in bringing together the various interest groups contrary to how it was in the first half of the century. There has been a polarization of the major divisions that existed in the society resulting to people having unanimity in the sensitive issues.   References David Pomerantz, March 1990. The decline of American Parties 1952-1988: book reviews. Washington monthly. Daniel Hellinger and Dennis R. Judd Brooks, 1991. The decline of the parties, excerpted from the book, the democratic faà §ade. Cole publishing company. Cohen, Jeffery E, 1/1/2001. American political parties: Decline or resurgence? CQ Press.

Freight Transport and Logistics Services

Freight Transport and Logistics Services Intermodal (rail) freight transport market assessment Coursework requirement Intermodal solutions are regularly promoted as a key way in which modal shift from road to rail can be achieved. As discussed in the class in Week 3, there is a range of different intermodal types used for rail movements, the key ones being ISO containers, swap bodies, piggyback and rolling road. You are required to conduct a strategic assessment of the current and future role of each of these types of intermodal operation within the European Union. This assessment should focus on intermodal freight transport which involves the use of rail and must include: INTRODUCTION Intermodal transport focus on freight system as a regular mode to promoted as a key way in which modal shift from road or rail can be achieved. There are four different intermodal types used for rail movements, the main ones being ISO containers, swap bodies, piggyback and rolling road. This report will be summarised of the general purpose of intermodal transport and the key characteristics for each intermodal type mentioned above. Second will be highlighting their relative strengths and weaknesses and identifying the typical markets for intermodal transport. Third, will be given a brief overview of the existing intermodal market in the European Union. Then, will create action plan containing for the short-term and long-term to develop European intermodal transport activity. Finally, some conclusions. THE PURPOSE OF INTERMODAL TRANSPORT The simple concept of Intermodal transport the goods are usually located in a container that is created to store various products and be moved with no effort from one point to another, (S. Brian, 2016, p.219). Intermodal transport on other hand refers to liking the two appropriate modes in conjunction to formulate an incorporate transport chain, designed to achieving operationally efficient, cost-effective and delivery of goods in an environmentally sustainable method from their point of origin to their ending, (D. Lowe, 2006, p.1). The loading unit, reliant on the method in used, may be a swap body, container, complete road vehicle or a separated articulated semi-trailer. The objective of these modes here is to transferred from one mode to another is an important aspect of the intermodal transportation, (D. Lowe, 2006, p.21). The purpose of transportation is to moving goods for short, medium or long distances in large quantities by road, rail and collecting or distribute, (Arnold, P ., Pierre et al, 2004, pp.255-270). CHARACTERISTICS OF THE INTERMODAL TRANSPORT Following those definitions of intermodal transport, the characteristic of the intermodal transport should be cited. First, all intermodal transport is not only a mode of transport, like trucks or railways are, but is an idea for establishing the logistics chain. As bundling is an important component of generating competent and effective transport chains, the character of intermodal transport permit this feature, (Joseph S. Szyliowicz et al, 2016, p.22) The intermodal transport method of transportation of goods and incorporated into standardised loadings, such as semi-trailers, ISO containers and/ or swap-bodies, between their dispatchers they are collected and receivers where they are delivered, which are situated on both end of a given freight transport access to the market. The dispatchers and receivers are typically large or small size but huddled logistics centres, warehouses freight terminal and or manufacture plants. The arrangement combines at minimum two transport modes, rail and road in this situation- whose vehicle fitting at the intermodal road and rail terminal, where they swap loading units, using transhipment services and equipment according to the process. The goods receivers can be in the warehouse and could be shippers or should stay for short time at the intermodal terminals, i.e. to be unloading from the incoming trucks and loading onto the outgoing characteristics of intermodal freight transport or Long Intermod al Freight Trains at the receive side, and vice versa, at the shipper side, (J., Milan., 2008). The road transport mode is the complement and challenging the alternative delivery loading units door-to-door principally by trucks, in most cases, without the middle transhipment and loading. Nevertheless, in some aspects, loading at depots along the route, as well as transfer the loading units by different vehicles, which suggests both their unloading and loading, can also take place, (J., Milan., 2008). STRENGTHS AND WEAKNESSES ISO containers Strengths Weaknesses It is strong and resilient to carriers all heavy, tall or hard to load material such as vehicle, trucks, trains, etc. out of railway container transport Swap bodies Strengths Weaknesses It fit on the road train, and contribute a similar space as a conventional road train. Fits on a semi-trailer chassis. Offers the same interior space as a conventional semi-trailer used. Use for international transport in Europe. Short transposition over the road and port operation. Weak support legs. Source: Adapted from: (International Transport Forum, 2009, p.121) Piggyback Strengths Weaknesses Strong to transport vehicle, trailers and containers every way. Operation in diverse type of services including groupage, packing and track. Dependent with another trailer to be lifted on to a rail flatcars. Can transportation container with high volume, example larger ISO container, etc. Rolling road Strengths Weaknesses Ease and rapidly to loading and unloading the goods. Investment requires for the terminals. Geographical restriction access. The condition of different regions could not be the similar and not comparable. THE TYPICAL MARKETS FOR INTERMODAL TRANSPORT In Europe, intermodal transport has grown significantly; typically, with such operation as the French and German road-rail systems, which transportation ISO containers, swap bodies, piggyback and use Rolling road between ports and inland destination, (D. Lowe, 2006, p.12). The intermodal transport mode is efficient to use the unit-load system and proficient of transfer between road, rail and other transport modes, and which permits for the collection of loads by delivery without trans-shipment or repacking of the consignment itself. The normal loading unit take the form of any road-going semi-trailers conforming to standard dimension and designed to be piggybacked aboard rail waggons, or more habitually, swap bodies and shipping containers build to international ISO standards which are completely transposable between a diversity of road vehicle combinations, sea-going ships, rail waggons and river and canal barges. In all situations, the load remains complete and secure within the loading unit which is lifted or transferred by exclusive equipment into the hold of a ship, a canal barge, rail wagon and then back to a road vehicle at the end of the trunk-haul leg of the journey (D. Lowe, 2006, p.3). Such intermodal system offers greater flexibility for the client, who may be either the consignor or the beneficiary, by permitting the goods to be loaded or unloaded at customer premises in a conventional manner without changing the present practices applied to national or international. It also promises to see the freight securely packed and wrapped in an intermodal loading unit, the customer knows that it will not be bothered again until it delivers the goods its final destination it is the responsibility of a groupage load, (D. Lowe, 2006, p.3). The main benefits of unit-load intermodal transport are: Long journeys the cost is lower. In certain circumstances delivery time is fast, in particular, cases require to be assesse as individually process. A diminution in road congestion, a main advantageous factor in these modern time. Some dangerous products are safer for the transit. Overview of the existing Intermodal transport market in the European Union In general, the new intermodal operator are found in the northern part of Europe and particular in the lager market for hinterland transport of maritime containers related to the ports of Hamburg, Bremerhaven, Rotterdan and Antwerp. The ports themselves have also demonstrated their interest in hinterland transport by rail. In the case of Germany, for instance, the port operator HHLA has bought 50 per cent of transfracht from DB. These initiatives all aim at cherry-picking EIT: they do not capture new market shares from road transport, but rathe existing intermodal services. P. (9) TitleJ. W. Konings (2008) The Future of Intermodal Freight Transport: Operations, Design and Policy, Transport Economics, Management and Policy Series, Editors-Hugo Priemus, Peter Nijkamp, Publisher-Edward Elgar Publishing, p. (9), 360 pages, [Online], https://books.google.co.uk/books, [Accessed 15/03/17] Because of growing freight traffic and an increasing imbalance in the use of the various transport modes and infrastructure, the transport system in the European Union is showing signs of inefficiency from a socio-economic point of view. Increasingly, freight transport appears as a source of environmental and social costs to its citizens. Intermodal freight transport provides transport for consolidated loads such as containers, swap-bodies and semi trailers by combining at least two modes (European Commisson, 2002). In Europe, intermodal freight transport has frequently been seen as a potentially strong competitor to road transportation and to be environmentally friendlier in many contexts.1 Its development to date, however, has not confirmed such expectations. For example, during 1990-1999, European intermodal freight transport grew steadily from an annual volume of about 119 to about 250 billion t-km2 with an increase in its market share volumes from about 5%-9%.3 This was mainly due to enhancement of operations in Trans-European corridors of 900-1000 km that carried about 10% of the tonnage. (J. Milan, 2007) Janic, M., 2007. Modelling the full costs of an intermodal and road freight transport network. Transportation Research Part D: Transport and Environment, 12(1), pp.33-44 Overview of the existing Intermodal transport market in the European Union 2. A concise overview of the existing intermodal market in the European Union, including discussion of the key statistics relating to trends in activity. You must ensure that you focus on the most important information (20% of marks) intermodal transport market in the European Union, discussion of the key statistics relating to trends in activity. overview of the existing intermodal market in the European Union discussion of the key statistics relating to trends in activity the most important information Discussion of the key statistics relating to intermodal transport market activity in the European Union Development European Intermodal activity in 5 years and more than 5 years the opportunities and barriers relating to its implementation   Original action plan containing for 5 years and more than 5 years to develop European intermodal transport activity and assess the opportunities and barriers 3. An original action plan containing specific actions for the short-term (i.e. within 5 years) and long-term (i.e. more than 5 years) to develop European intermodal activity. For each action, you must justify the reason for its inclusion in the plan and assess the opportunities and barriers relating to its implementation. In developing the action plan, you should prioritise actions so as to gain maximum benefit in each time period (40% of marks) European intermodal activity with ISO containers, swap bodies, piggyback and Rolling road development in 5 years and more than 5 years plan opportunities and barriers Conclusion: The development of intermodal freight is regarded as a key way in which rail can achieve a greater share of the freight transport market, but the limitations of official datasets make it difficult to develop a strong appreciation of the characteristics of existing intermodal flows References: Arnold, P., Peeters, D. and Thomas, I., 2004. Modelling a rail/road intermodal transportation system. Transportation Research Part E: Logistics and Transportation Review, 40(3), pp.255-270. David L. (2006), Intermodal Freight Transport, Publisher-Routledge, p.1,304 pages, [Online], https://books.google.co.uk/books, [Accessed,10/03/17]. European Conference of Ministers of Transport (1998) Report on the Current State of Combined Transport in Europe, Source OECD.: Transport, Publisher-OECD Publishing, p. (34), 168 pages, [Online], https://books.google.co.uk/books, [Accessed, 15/03/17] International Transport Forum (2009) Intermodal Transport National Peer Review: Turkey: National Peer Review: Turkey, Publisher-OECD Publishing, p.121, 196 pages, [Online], https://books.google.co.uk/books, [Accessed,14/03/17]. Joseph S. S., Luca Z., Genserik L.L. R., Dawna L. R., (2016), Multimodal Transport Security: Frameworks and Policy Applications in Freight and Passenger Transport, Publisher-Edward Elgar Publishing, (p.22), 328 pages, [Online], https://books.google.co.uk/books, [Accessed, 13/03/17]. Janic, M.., (2008) An assessment of the performance of the European long intermodal freight trains (LIFTS). Transportation Research Part A: Policy and Practice, 42(10), pp.1326-1339. Slack, B., (2016), Intermodal transportation, Sustainable Railway Futures: Issues and Challenges, Routledge, New York, pp.219-231.

holiday :: essays research papers

D rough week is finali done and over with! to rush of adrenalin to meet deadlines and homeworks and test and many other things................finali, this has got to stop! i declared my own holiday for this thursday coz im goin home tomolo...i decided to turn my back onto 1 more day of torture...mmm, im luvin it. I can feel myself breathing more easily like wonderbra, i can feel my head became light like KAKA, i can feel my spirit soar as high as roti tisu... my fren invited me and my housemate to go to a pasar malam tonight tat starts around 12am and according to my fren, every1 wears like-they-are-going-clubbing attires to this pasar malam....while my housemate stands beside me n nodded his head til d screw on his neck came loose...im rather interested to go n take a look but skeptical with my fren's description. I dun really trust someone who check on any girls....i mean really juz ANY gals....!!! Juz finished my test, so i guess i sud hit back to main road and indulge in lots and lots of tv!! to tell u guys out there the truth, since the beginning of this semester, i've hardly watched any tv. i let go of 'jewel in the palace', 'desperate housewives' and many more..i've only managed to watch a handful of 'full house', (thanks to my all sole-and-crown crazy over the lead actress) enough to guess the missing episodes.C? So poor thing...its a sad life to life without tv...so i guess im living a sad life too. Watched red-eye with free ticket.....ahh...1st time ler...feel so privileged and so i dressed for the occasion. Drove my kancil together with my housemate, passed the role of 'watchin out d cars' to him as i bravely drive down federal highway to midvaley megamall for d first time.

Student name Chiu Man HeiA number

Worldwide Contractors Interoffice Memo Date: To: Subject: August 28, 2014 Jason Corp., Senior Development Officer Marcia Murphy, Office Manager My New Assignment Thankful for your letter! I can go to Japan to work, I feel very excited but there are a lot of aspects to worry about. Next, I will tell you frankly. And thank you gave me good advice and experience, which Is very helpful for me. When I know I assigned to the Japanese company the time, I'm really excited, reverse, because I never thought I could be assigned to here.In the others, I did not stay long in this country, for me, it would make me feel my work environment is very unfamiliar, so I afraid cannot have a good work ability. And I know that the company has been very hope to develop and expand the market in Asia. Although this is a very long-term plan, but I know company reuse me, this trip will take me to complete the mission. Although this will give me a lot of pressure, I will try hard to complete. I will deal with th e details of each work, contract regulations and I will work to address the difficulties. I hope we can give a better development and profits for the company.This time, allocation countries is Japan, of course, I am most worried about the language barrier problem is, I know if I want to have a better development for the company, I have to learn Japanese, I'm going to work in the rest of the time. , to learn Japanese. Also, thankful taught me to understand the communication can be solved with a smiles, this is a very good way. Also, I will learn listening skills. Also, I would learn the local culture, because I know that Japanese culture Is very rotational, I have to learn vigilant, not to offend the local culture.Also, I know my colleagues are Japanese. So, I have to get along with them well. Thank you for your remind. I look forward to your reply. Student name Chic Man He number By Chic-Joyce A number: A01985385 Interoffice Memo From: Thank you for your letter! I can go to Japan to work, I feel very excited but there are good advice and experience, which is very helpful for me. Japanese. Also, thank you taught me to understand the communication can be solved Also, I would learn the local culture, because I know that Japanese culture is very

Why Do People Attend College or University?

Why do people attend college or university? After high school graduated, many people will get a job and work in our society. But also many people will choose to attend college or university. If I have a chance in the future, I will definitely go to college. There are two reasons that I think why people will attend college or university. One is can learn more knowledge. Another one is to get a higher paying job. First of all, things that people learn from high school are very basic and shallow.For example, in history class, we might know that George Washington led his army won war and United States became independent. We all got this, but we didn’t know what he did in detail. So we couldn’t say we already get all of that, it was piece of cake. That is wrong. Thus, people will continue to study more and then the better for that is go to college or university. Also some people may want to learn a special skill like how to fix a car, and then they will go to the mechanic un iversity.There are various types of subjects that you can learn more from college or university, just people want to improve themselves. Moreover, people have studied in college or university can get a better opportunity in finding a job when they step into the society formally. Like some people are not so well-off, they will have an idea, â€Å"I need to working harder than the other students. † This thinking brings them into college or university. So they may get a college diploma, master degree, or doctor degree later.So when they apply for a job, the chance they can get into the good company is easier. For instance, to be a manager in the John Hancock Tower, you must get a good salary like more than $8000. The reason to get a higher paying job is to improve your own life. All in all, I think people apply for college or university because of those two reasons. But also you can meet a lot of intelligent friends, who can help you in the future, and you will become a good boy or girl with them by the influence form those friends. But anyway, â€Å"no pain, no gain. †