Primary Source Analysis of Message Drafted by General Eisenhower Essay

World War II is an infamous event in the history of the world. For almost 6 years, humankind was divided into two wherein one group was in favor for global domination and the other one was for democracy. The West and the East were completely enveloped with devastation and terror during this dark phase of the past. However, if World War II brought out the worse in people, it also proved that humans possessed an innate nature to be good and compassionate. It was just a matter of choice of whether doing the right and morally correct action or standing up for something that truly one believes in. Since WWII became a large-scale military conflict, much of the success of the defeat of the German, Japanese and Italian forces can be attributed to those who have selflessly dedicated their time, efforts and even lives for the restoration of freedom and peace. These people are the thousands of soldiers of the Allied forces. Without them, the liberation efforts in Europe and in Asia would not be successful. The most significant but very high-risk operation that was drafted by the Allied forces in advancing their goal of invading Germany and bringing to an end to the evil ways of Hitler and his supporters was the bold move of penetrating the German stronghold area in the southern coastline of France. This military operation has become known as â€Å"D-Day† which means based on military jargons as the commencement of any military operations. Since this momentous event, the Allied forces were given the opportunity to weaken the formidable military might of Hitler. As a result, the combined forces of the French, Canadians, English, Russian and Americans were able to conquer and defeat many strategic bulwarks of the enemies. Eventually, they were able to reach, seize and free the center of the Axis power in Europe which was Germany. After a year since the amphibious assault at Normandy, the whole of Europe celebrated to the new found democracy and independence. Prior to this relatively happy ending, there were a lot of political and military planning and failed missions that occurred. On the first half of WWII, the US did not take part in any direct efforts to combat communism and autocracy. But when the bombing at Pearl Harbor transpired, the US openly announced their wage in war with the Axis forces. One of the most prominent personalities during this era was an American General named General Dwight Eisenhower. His background in effective organization and implementation of military operations prompted him to be designated as the â€Å"Supreme Commander of the Allied Expeditionary Forces. As the leader of all soldiers from various nationalities, he was burdened with the responsibility of devising a strategic plan that will advance the troops in liberating Europe from German occupation. The idea of orchestrating a large-scale attack on German territories that will have a high probability of victory was very challenging for Eisenhower. Though it was difficult, he was able to formulate a feasible plan together with an equally knowledgeable military man, Field Marsh al Bernard Montgomery. Then, Operation Overlord was born. According to history books, this plan was supposed to be more aggressive than their 1943 plan wherein only 3 divisions were supposed to be deployed in Europe. Because of the diversity in the leadership and manpower, Overlord acquired a multi-level approach in planning, organizing and implementing the invasion. Also, it was emphasized in historical writings that the masterminds of Overlord were confident that the alliance can pull off the plan despite the eminent threat of military resistance among the Germans in Normandy. The high command in the military needed to exude faith and confidence on their plans so that the soldiers who will fight in the battlefield will be motivated to do their respective tasks with peace of mind that everything will go according to plan. However, the second thoughts and doubts about Overlord from political and military officials were left unreported leaving the public at that time clueless about the possible worse scenarios that can happen. Then British Prime Minister Winston Churchill expressed his worries about the invasion in a German fortified beachhead in France. He was concerned about the catastrophic events that could manifest if the plan fails. It could cost thousands of lives of soldiers and tons of resources wasted which could produce a major setback for the Allied forces. Like Churchill, Eisenhower also felt that Overlord was a very ambitious endeavor that could lead to a complete disaster if anything goes wrong. In his â€Å"in case of failure† message dated July 5, Eisenhower expressed his concern over the potential outcomes of Overlord. Actually, it was believed to be written on June 5, a day before D-Day. He mentioned that the â€Å"landings in the Cherbourg-Havre area† were unsuccessful so another amphibious attack could also experience the same plight. But the interesting part about the message was the content and the tone. Eisenhower wanted the reader to feel that Operation Overlord was a plan derived from the only available sources that they could find combined with a situation wherein there was an increase of military troops being killed in German territories and because of that the military can only do so much. He was insinuating that the achievement of victory was not definite. However, he emphasized in his message that he was sole responsible and the one to blame if everything fails. In the last statement, â€Å"If any blame or fault attaches to the attempt it is mine alone,† demonstrated Eisenhower’s courage in accepting responsibility for conceptualizing, executing and remedying Overlord. On the other hand, this message was only read by Eisenhower’s â€Å"naval aide, Capt. Harry Butcher† but he never disclosed it to anyone until modern historians have found about it. Though Eisenhower was not 100% sure that Overlord was going to succeed, he and numeours soldiers proved that anything can be done even the impossible as long as dedication and bravery are present. The end of WWII in 1945 was the fruit of the many sacrifices of thousands of brave and courageous soldiers.

Compensation Practice

Wall-Mart applies the compensation strategy of offering the workers the lower limit of wages allowed by the law, but misstating for the same through offering its employees with an insurance scheme (Wilkes, 2013). In this respect, while the employees may not be benefiting greatly in financial terms, the future of such employees is well covered, due to the fact that they have been provided with an insurance cover that addresses their needs beyond the monthly pay checks (Wilkes, 2013).However, the Wall-Mart strategy has been termed as unsuitable both for the employees and the economy, since it is a strategy that seeks to categorize the workforce of the organization as an expense that needs to be minimized Wilkes, 2013). This concept is harmful both to the employee motivation and to the public perception, owing to the fact that treating the workforce as an expense that must be kept under control does not work well either with the employees or the public perception, which in turn adversel y affects the sales of the organization directly (Atchison, Belcher & Thomson, 2013).Thus, while the Wall-Mart compensation strategy has enabled it to keep its expenses low and thus maximize its profitability, it might have even been more damaging than already thought, if the strategy is analyzed from the employee nutrition and the customer perception point of view.Further, the Wall- Mart compensation strategy has emerged to be damaging to the reputation and the goodwill of the company amongst the public and the customers, owing to the fact that it is perceived to transfer the burden of changing hard economic times directly to the employees, by causing them to suffer low wages, so that the company can maintain its profitability levels, as they were during the good economic times (Wilkes, 2013).How Wall-Mart applies compensation practice to determine the positive or negative impact to the many and its stakeholders The effect of the negative perceptions of the customers and the genera l public is to make the organization owners and the top leadership and management to come out as greedy and unethical, which in turn is a turn off for many potential customers of the organization (Atchison, Belcher & Thomson, 2013).Most importantly is the distinction between the concept of low wages and low labor costs. The fact that an organization offers low wages to Its workforce does not mean that such an organization will in turn incur low labor costs (Atchison, Belcher & Thomson, 013). This is because, while the low wages may be an alternative for reducing expenses, the costs associated with the labor turnover might exceed the benefit derived from offering low wages (Atchison, Belcher & Thomson, 2013).Thus, Wall-Mart is an organization that is being faced by the challenge of high employee turn-over, owing to the fact that most of its employees are dissatisfied with the conditions of work and the low wages offered by the organization, such that they tend to quit the job at the rise of any other viable alternative, forcing the organization to engage in a continuous cycle of hiring and employment recruitment, which in turn drives the costs of labor higher (Wilkes, 2013).A recent study has shown that while Wall-Mart offers low wages compared to Cost, Quick Trip and Trader Joey's, the organization incurs an overall high cost of labor compared to these organizations, thus in turn earning low profitability margin (Alter, 2013). The study has indicated that the cost of labor turnover at Cost is 17%, compared to the cost of labor turnover at Wall-Mart, which stands at 44% (Atchison, Belcher & Thomson, 2013).The overall effect of this study is to show that the compensation strategy for Wall- Mart might be considered to deliver positive results by lowering the expenses associated with the employee wages, but the overall effect is that the company continues to incur very high cost than it would be incurring, if it paid good wages for its employees (Alter, 2013). The other important aspect to consider in the Wall-Mart's compensation strategy is its effect on the employees' productivity.A well paid employee is a productive employee, since such an employee is enthusiastic and motivated about his work, and thus applies extra effort to ensure that the employer will also benefit from the show of goodwill and appreciation of the employee services. In this respect, the study indicated that the productivity of the employees at Wall- Mart was much lower compared to that of Cost, owing to the fact that the profit per employee in Wall-Mart was $11 ,039 compared to that of Cost, which was $13, 647 per employee (Atchison, Belcher & Thomson, 2013).Thus, the compensation strategy of Wall-Mart is wanting, and as a result needs to be changed so that it can enable both the organization and the workforce to reap higher benefits from their relationship. The ways in which laws, labor unions, and market factors impact the Wall-Mart compensation practices Wall-Mart c ompensation practices have been affected greatly by laws, labor unions and market factors, such that for example, in 2005, labor unions created organizations and launched internet and social media campaign to criticize Wall-Mart for its poor treatment of employees in wages and conditions of work (Atchison, Belcher & Thomson, 2013).The law has also been on collision course in several occasions with Wall-Mart, where it has been investigated for possible prosecution for both monopolistic tendencies and unlawful treatment of its workforce (Green, 2003). The market forces have also been of great influence to the Wall-Mart business, through causing the organization to earn low profitability as a result of economic recession, thus in turn paying low wages for its workforce (Wilkes, 2013). The effectiveness of traditional bases for pay at the Wall-Mart The rotational bases for pay are still applicable for Wall-Mart, although selectively.

Creative Writing Monologue – How did I end up like this?

How did I end up like this? Slashed up and left to die in a part of Bristol that Tourist Information is in denial as to its existence. Why would I even consider agreeing to such ludicrous terms? How many times has my mother said one of those embarrassing Irish sayings that no-one says or told you: â€Å"Don't talk to stranger,† or â€Å"Don't let your father be your role model or you'll end up dead just like him.† Well I bet my Mum never envisaged me sharing my father's grave before her. It's looking more bloody likely with every minute that goes by. â€Å"Pause† I'm eighteen! I should be with friends on the town, drinking and trying cigarettes, not slowly bleeding to death. In its time this is the kind of road that would be full of tourists who can't afford to go abroad and want a cheap seaside holiday; well Bristol seems to have fallen to bits, now it's nothing more than a grimy alleyway. I'm not even sure if I brought this situation upon myself; just another one of those innocent victims of inner city youth gangs. I can already picture my mother on GMTV, asking pointless question which were unlikely to be answered, but when they are they draw an inevitable dead-end. â€Å"Pause, Splutters† When you're approached by twelve or so older boys you keep your head down, make no eye contact and walk on by. Except on this occasion they closed in on me. I felt trapped like a helpless animal, my legs disacknowledged my brain which was urging them to run. They said they wanted me to perform some sort of task. As the group distributed my duty I remained silent and still, although my brain had commenced a battle I didn't argue. But somehow, without being told, I knew there was extensive danger with the task in hand. They spat threats at me though I had not even considered disobeying my assignment for one moment. â€Å"Pause, Chokes† I gathered I was to be a courier and deliver goods and not under any circumstances was I to be prevented from completing my task, regardless of what crossed my path: be it another gang or the police. I asked no questions as I expected to hear no answers (or if there were any – only deceitful ones). They all implied that the consequence for getting caught would most likely be death. At that I began to panic, taking deeper and deeper breathes, having this premonition of being brutally killed. I should have known at that very moment that this situation that I'm in now was unavoidable. â€Å"Pause, Chokes again† I just wish life was like one of those lame TV shows where the hero is on the brink of death but summons up the strength to save him as well as the good looking girl that invariably accompanies them. I want just a few more minutes with my mother to make up for all that I have done. When I was young, my father gave me an option; he said â€Å"Wayne, are you going to be a Mummy's boy or a Dad's boy?† From that very moment I made a decision that would be my burden for the rest of my life. I was always a Dad's boy and followed a similar youth to that of my older brother Ashley; I would look up to Ashley – he was who I wanted to be. Dad was always showing off his first born, until he walked out at the age of 15 that is. â€Å"Pause, Single Tear† Shortly after his departure my dad committed suicide. My life went downhill and every day seem to be a new low. I blamed my mum for my father's death and taunted and accused her of pushing before he jumped. Although it was not true it gave me great satisfaction hearing my mother's muffled tear and sobs from her room. My mother always loved and cared for me and was very compassionate towards me, both before and after my father's death which is more than I can say for my father. My dad would often abuse me and as I cried he would tell me to man up and do him proud and it was my mother only who questioned the large bruises scattered all over my body. Yet my mum was always there to feed me and put a roof over my head. But my eyes were only for my father so my world seemed to crumble as he made his long ominous decent to the pits of hell. â€Å"Unsteady Raspy Breathing † So as these boys told me my task in hand, ringing in my ears was the sound of my Dad saying, â€Å"so Wayne are you going to be a Mummy's boy or a Daddy's boy. â€Å"So not only did I accept that I had no choice, I agreed, I saw it as a gifted opportunity to do my beloved Dad proud and make up for the fact I could never live up to Ashley. I had my goal in mind and it never occurred to me the magnitude of the danger and I never assumed I would get caught. So I was dismayed to walk into a group of men the gleam in their eyes told me they knew everything. â€Å"Pause† They were smug, the kind of people when dad was alive he was obsessed with surrounding himself with. Those crocked smiles and worn bashed up faces told me they had fought many wars before. But what shocked me the most was the lack of fear and concern in their eyes. They did what they this not because they were forced to like myself, but because they found it them adrenaline and they enjoyed it! As they redrew there knives from their pockets and slashed me I didn't resist or cry; I couldn't stand hearing my dad's voice again, â€Å"Man up Wayne, man up.† I had had enough. â€Å"Pause, Voice fades as he is dying† But as this happened I couldn't help but smile to myself. I had seen who was stabbing me, I smiled at him and he smirked back, mocking me. Ashley, who I had looked up to as a child, had come back; maybe not the way I had hoped, but none the less for the past eight years since he left all I have ever wanted was for him to return. I don't hate him for doing it; he was living my father's dream and had done him proud more than I had ever done. â€Å"Pause† If I shift my weight I could probably see the name of this god forsaken alley. â€Å"Terminal Lane,† it probably refers to the nearly airport but I think it fits. The end of my journey, a short journey, but never the less an eventful one. â€Å"Terminal Lane†. Chuckles â€Å"Closes Eyes, Dies†.

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Evaluating the Law of Theft Essay Example | Topics and Well Written Essays - 1000 words

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Organisations and behaviour - Essay Example Traffic lights are manufactures by Siemens and doctors in hospitals have MRI lifesaving scanning facilities made up of Siemens under the flied of advanced medical scanning technology. For instance, if we compare the organizational culture and structure of Siemens with Samsung, it will be apparent that there business structure is based on family linkages and centralization (Unisg.ch, 2013). There organizational culture is inherited by their predecessors (Dinitzen, 2010). It is also important to understand that the culture of a firm is the common way of carrying out Fof a company develops gradually. It is made by the employees that work for the company—its supervisors and staff. What the company stands for, its norms, values and motives that it seeks to acquire (its vision), are underlying aspects in establishing a dynamic culture. An effective cultural performance exists when people in the organization accepts the same belief and where they rely and value everyone’s cont ribution. Siemens’ activities are based on effective teamwork culture. This focus on the team has been well integrated by the international CEO of the company, Klaus Kleinfeld. Working in team work can significantly impact the organizational performance and this has been well understood by Siemens. The quality of its people and their teams is the most valuable asset, specifically in today’s scenario where the flow of knowledge round the world is happening with lightening pace. Unlike Samsung where the most important component of their success is innovation and procedures which they carry out to bring new products for their consumers (Forbes.com, 2013). Thus, organizational structure and culture adopted in Siemens have been a major factor in its success and is a differentiation among other multinationals. Impact of organizational culture and structure on the performance of Siemens Successful management of human resources department in the businesses is a major concern f or both the HR managers and other policy makers of the company. To gain a satisfied, committed, and well performing human resource for a business, managers must have persistency among the organizational system, structure, culture along with an appropriate strategy. Siemens strives to make all of it employees to be completely motivated and engaged in the organization and to feel themselves an important part of company success. People therefore need to know their important in the business. Keeping this notion in mind, Siemens develops precise expectations. Every employee plays a crucial role in acquiring results (Dinitzen, 2010). According to Siemens, their business effectiveness relies on the performance of each and every employee, their teams and the whole organization. Organizational structure, managerial practices, leadership and the process of decision making intervened by organizational culture, effective managerial style constructively influence employee performance. On the con trary, centralization, inadequate participation of employees in decision making, lack improvement, formalization and extreme specialization impacts the motivation of employees negatively (Macdonald, 2013). Expert guidance, decentralization, structure, adaptive culture, management activities, employee participation, collaborative management, work autonomy, safety and well-being, employee growth, and opportunities for employee development within organizational cu

Stategic management (strategic thinking) Essay Example | Topics and Well Written Essays - 750 words

Stategic management (strategic thinking) - Essay Example The notion of strategy holds its roots in military usage. According to Nickols, "In business, as in the military, strategy bridges the gap between policy and tactics. Together, strategy and tactics bridge the gap between ends and means" (2000, p. 1). Over the years, the definition of the word strategy has been interpreted in a variety of different ways by researchers and scholars. Nickols also claims that the concept of strategy consists of four rudimentary components: perspective, position, plan, and pattern. The official definition that he offers his readers after discussion the definitions proposed by others is that "Strategy is a term that refers to a complex web of thoughts, ideas, insights, experiences, goals, expertise, memories, perceptions, and expectations that provides general guidance for specific actions in pursuit of particular ends. Strategy is at once the course we chart, the journey we imagine and, at the same time, it is the course we steer, the trip we actually make" (2000, p. 1) Strategy can be difficult for a strategist because it often involves a lot of guesswork. No one can predict the future with full accuracy, so quite a few assumptions have to be made based on things such as past performance and experiences. Nonetheless, all strategies are based on goals, which mean managers have an ideal situation in mind to strive for, regardless of whether or not they know exactly how to get there. Strategy involves a lot of risk-taking, which also means that a lot of research has to be performed if it is to be as accurate as possible. Without a carefully made plan, an attempt at organizing a strategy can result in managers running around in circles, wasting money, and becoming quite frustrated (Nickols, 2000). Strategic decisions are made within an organization through a series of key steps. First of all, there is the communication stage where those with a vested interested gather together and exchange thoughts and ideas regarding a particular company's current situation versus where it could end up in the future. SWOT analyses are often conducted at this point. Once the desired end result has been determined, they are communicated continuously to those within the organization so that no one loses sight. Next, it is important that companies ensure a complete and thorough understanding of the desired end result through discussing issues related to it and gathering and observing feedback. One example of strategic decision making of this nature took place when Starbucks chose to redo their organizational structure around 2005, which is now relatively flat compared to the traditional organizational structure (Nickols, 2000). Strategic Thinking Mintzberg does an excellent job of providing advantages, disadvantages, facts, and folklores of strategic thinking in his literary works. Mintzberg claims that there are four myths regarding the job duties of a manager. First of all, people believe that managers tend to plan in a reflective manner, which is untrue since the often prefer to take action in a speedy fashion. Second, people tend to believe that managers are exempt from regular duties, but this is also untrue. Third, people tend to believe that managers always prefer concrete, paper evidence of information, when they in reality often prefer verbal

Student visas problem Essay Example for Free

Student visas problem Essay Abstract American by no means is the world’s superpower. The country is very advanced in many aspects like education, technology, business and Research with prestigious learning institutions like the renowned Harvard University. For these reasons student across the globe strive to come to the US and get their education from here. In most cases the various graduates of the American colleges and Universities always stand a higher chance of getting employment into their careers. Graduates from the American educational system are highly regarded as extremely qualified and can also be integrated by employers anywhere in the world. (http://www. hothousemedia. com) Unfortunately most foreign students who come to the US on student Visas end up not pursuing education but take advantage of the various loopholes to remain in the country illegally. With the increased issue about terrorism, most terrorist have taken advantage of the student visas to gain entry into the American Soil where they pursue their own terrorist activities that endanger the lives of the Americans: for example one of the terrorist involved with the 9/11 attack is said to have been a student on such a Visa. For this particular reason the authorities in American have tightened the rules and regulations that govern the acquisition of these Visas. To acquire a student visa today is extremely difficult than before and many aspiring students are denied the opportunity to study in the US because of these restrictions. However, from the American point of view it is justifiable because the security of the country comes first before anything else. (www. unitedstatesvisas. gov). The students on the other hand are not able to understand these issues, and more or less view it as one of the hindrance of them acquiring the much sought after American Education. To acquire the student visas the American immigration department has comprehensively undertaken the task of educating the â€Å"would-be American students† of the requirements for one to acquire the visas. Unfortunately the students do not sometimes understand the requirements thus fail in acquiring these important items. The students may not also know the laws governing the student visas; the immigration rules in the US are rated as some of the strictest and specific, thereby shutting out many aspiring students. Introduction Millions of foreign students are always fighting to get a place in the American academic institutions. The quality of education in the US is highly regarded across the globe which assures anyone a very promising career development. Prior to the September 11 attack, the acquisition of the American student visa was not as difficult as it is today, which has become a nightmare not only for students but businessmen and women including tourists. (http://www. businessweek. com) Most of the challenges that the students face come from the lack of clear understanding of the rules and regulations surrounding the visas. However, the regulations that govern the visa application are extremely punitive and innocent students are left out. This paper is going to discuss some of the difficulties faced by these students. The application process The first major challenge the students face in acquiring the Visa are the various rules and regulations that one has to understand before applying. Students are required to pay a non-refundable fee of $131, which does not necessarily guarantee one of getting the Visa in the first place. This fee is very prohibitive because not so many students can be able to afford it especially bearing in mind it is never refunded if the visa application is not successful. (http://www. businessweek. com) Part of the Visa application process involves an interview with the US Embassy or consulate where further screening is done on the students to ascertain the authenticity of their application. To secure the interview posses greater challenges, this is because depending on the months that one is applying, one is bound to get appointments that might jeopardize the scheduled dates of joining the university or college. It requires the students to start making the applications very early because the appointments can be as far as one month depending on the applications made. Even after acquiring the appointment the students go through various screening processes that maybe dehumanizing especially to the innocent students. Such screening processes include frisking, and finger printing, besides the interview itself. Many students fail to acquire the visa because they fail on various technicalities that they were not clearly made aware of. Sometimes it is extremely difficult to clearly understand the criteria used to award visas, in fact most of the time one considers him/herself lucky to pass the interview. Thus it is not what one has but the mood of the interviewer that matters. There are many cases where students with almost similar backgrounds have varied outcomes on the application; while one may get the other may miss out. The student is never given the opportunity to lobby for a consideration as the word of the interviewer is regarded as final. Therefore the visa application process is always shrouded in mystery, where there are no clear guidelines on who gets the visa or who doesn’t. Therefore one is not really sure that they will pass or fail. Many students after failing the rigorous tests become very discouraged and they are affected psychologically because of the high expectations they had. (Mashiur Rahaman) One of the best solutions for this problem is to educate the students on the visa application process; thereby the students are fully aware of the various pitfalls that they need to overcome and every single detail that is required for the visa process to be successful. To secure an appointment for an interview in a particular embassy is not necessarily a difficult task because all this can be done on-line. However the embassies get busy in July through August and most students may miss out because of the schedules that are fixed by the embassies. ( http://www. bridgeport. edu ) The students who fail in these interviews end up losing the $131 fee and to secure another interview they require a similar amount. This is a very big challenge and the fee should be refundable or just a part of it so that the students can secure other appointments. Students from poor families end up losing their lively-hoods yet they don’t acquire the much-sought document. The U. S embassies should have clear and specific guidelines on the criteria used which should never be shrouded in any form of mystery where a student can out rightly tell if they are qualified or not. (http://www. cnsnews.com). Another challenge that the students undergo in the visa application process, is the requirement that they should provide proof that they will not go to the U. S for other purposes and that they are capable of supporting themselves when they get there. The students or guidance are required to show proof of there bank accounts which are supposed to hold a certain amount of money for a period of time. Many instances students are able to finance there own education by working part time. In any case this requirement means that only the rich stand the chance of getting the American education. Because of the many restrictions students end up cheating in their documents and providing incorrect information. ( http://www. bridgeport. edu ) Once a student has successfully acquired the visa, another problem sets in; one needs to pay for the visa. The amounts are very prohibitive bearing in mind that one needs to pay for the education, airfare, accommodation, and other important materials. Therefore by the time one settles down in the U. S, if you are lucky enough you are poorer than you came in. (http://www. cnsnews. com) Once in the U.S, to ever get the opportunity to go back home to be with your family is almost next to impossible. This is because the chances of ever being accommodated back are very slim. There are many cases of students being delayed for up to 1 year when they want to come back for what is termed as security screening. Students from the Muslim world have to go through harrowing experiences for them to ever go back to the U. S after their holidays. (http://www. cnsnews. com) It is often advisable to stick in the U. S for as long as you are in college unless you want to waste time and money with the immigration. One should forget for a long while of ever going back home for up to 4 years. Students with tight family ties end up suffering a lot. (http://www. cnsnews. com) Conclusion The terrorism issue has gone a long way in making it harder for innocent students to pursue their dreams in the U. S. It is quite understandable of the strict rules that the visa application processes attract, because any loophole would be greatly exploited by the terrorists who do not discriminate in there harmful activities. Students have to bear the brunt of terrorism. It also important for the students to be fully aware of the visa requirements before starting the process, this will enable them avoid any eventual disappointment. Works Cited Fred Lucas: CNSNews. com Staff Writer: 10,000 Saudi Students on US Campuses Retrieved on 17th May 2008 from http://www. cnsnews. com/ViewNation. asp? Page=/Nation/archive/200702/NAT20070216a. html February 16, 2007 UnitedStatesVisas. gov: Studying in the U. S: Retrieved on 17th May 2008 from www. unitedstatesvisas. gov/studying. html US Visas: Retrieved on 17th May 2008 from: http://www.hothousemedia. com/etm/etmbackissues/septetm04/septetm04feature. htm BusinessWeekOnline: Foreign MBA. Students Beware: Retrieved on 17th May 2008 from http://www. businessweek. com/bschools/content/dec2001/bs2001126_8956. htm December 6, 2001 Applying for a Student Visa (useful tips):Retrieved on 17th May 2008 from http://www. bridgeport. edu/pages/2342. asp Mashiur Rahaman: Malaysia offers UK and US degrees at half the cost: Retrieved on 17th May 2008 from http://www. dailytimes. com. pk/default. asp? page=2007%5C09%5C26%5Cstory_26-9-2007_pg7_26.

Impact Of Globalization And Deregulation On Air Lines Tourism Essay

Impact Of Globalization And Deregulation On Air Lines Tourism Essay Air transport is a major industry by its own right and it is a source of very important inputs into wider political, economic and social processes. The demand for air transport has created global effects which in return have affected its supply both locally and internationally. This paper will provide an insight to the effects of globalization, the results of deregulation and privatization on the airlines and airport sector. It will also provide information concerning the main revenue sources within airports and techniques used to measure performance. In addition it will address issues concerned with safety in airports and measures for dealing with the security issues. Summary Globalization has an adverse effect on the demand and supply of services in the air transport sector which in return leads to adjustment of both the local and international prices, air trade policies and the consumption rate. Consequently the increased geographical coverage leads to increased concentration of traffic in the international hub airport. There is an argument that globalization results to increase in income and consumption on monthly basis as a result of overall increase in economic activities. In addition the profits achieved by air lines are highly affected by globalization since the competing airlines have to vary their prices in order to compete in the international markets, this could lead to some competitors to lower their prices or even increase according to the demand and supply in a given periods of the year. Deregulation resulted to both short and long term effects in the air industry. It made some airlines to cancel their services to some places since after deregulation the companies were running on losses. It also allowed new airline companies to enter into the market without following the already established rules by the bigger and already exiting companies. Privatization has led to increased charges in the airports as a result of lack of enough economic regulations and failure to apply the principles of ICAO in calculating tariffs and fees. The airport has two main revenue streams which are the aeronautical stream and the non-aeronautical stream. Both of these streams act as revenue sources with the latter doing better than the former. There are a number of safety and security problems that need to be addressed in most airport and they include the population of people living near the airports, wind, vortex constraints and the increased number of buildings in the airports. Airport Management From a general perspective, globalization can be referred to as the process through which people from all corners of the world are brought together to be members of a common society and work together. This process entails a combination of technological, socio-cultural, economic and political forces. Barret states that there are many implications manifested as a result of globalization which are very significant for the international air transport industry (229). Globalization therefore affects the demand and supply for air services leading to adjustments to air trade policies which in return have greatly changed the air trade: For instance the open sky police have affected the demand for air lines so much as result of allowing more efficient feed to the long-haul stage of transatlantic operations (Barret 235).Consequently the increased geographical market coverage has led to increased concentration of the traffic in the international hub airports. Large physical market demand coupled with increased integrated services such as common lounge, code sharing and excellent baggage checking have led to increased demand for international air services (Barret 235). Ashford, argues that globalization results to increased income and consumption in every month due to increase in overall economic activity, though the affluence is not evenly spread (67) .Several consumptions are facilitated by air transport, in larger nations a rise in income leads to many people spending more in internal vacations and having increased visits to friends and family. It is therefore evident that the competition for domestic services is affected by change in international demand. Globalization affects the profits gained by airlines, for example the early 1990s international financial crisis led to downturns in the market. Similarly other factors such as the New York and Washington terrorist attacks have demonstrated to have resulted to very bad moments in the industry. In contrast the returns achieved during the good times always fail to compensate for the bad times. Alderighi also argues that the key players in international market operate regular flier programs that honor frequent clients with bonuses and free flights, the bonuses include higher classes of services, up-grades and permission to have access to airport lounge (567). Many airlines have turned to reducing the cost in order to have an advantage over other stake holders. In case the competing carriers fail to match the reduced prices, then both fares maintain the competitive level of expensive-cost airlines, allowing the cheap-cost carrier to receive a margin toward fixed costs, alternatively the expensive-cost airline might quit the market. This strategy has been highly applied by the low-cost international airlines such as Ryanair in Europe, it helps the low-cost airlines to undercut their rivals and then obtain the market power. The market has been highly dominated by the low-cost carriers but as they expand they have shifted to more thinner and less suitable markets that fit their operation styles. Deregulation had both long and short term effects; first a bigger number of airlines stopped using routes with fewer profits that were used by passengers to travel to small cities. For instance, until 1978, the united airlines which previously had flown to Bakersfield, a thriving oil town in California with a population of 225,000 people stopped flight to the town, hence depriving the city dwellers flights to developed cities like Las Vegas .Secondly deregulation led to development of hub- and-spoke routes. The leading airlines centered their operations in the key cities which acted as the stops for many flights, even in cases where the flights were not in direct routes. Deregulations allowed the up-coming airlines to enter the market without agreeing with the demands of the bigger and well established airlines .A good example was the peoples Express, an airlines company which came up with unconventional management methods like fewer managers, low salaries and multiple job performance by employees. The company applied exceedingly tight operations in which passengers were responsible with paying for meals on plane and paid for baggage that they had checked- in. The company used very low fares that could be compared with the electricity bus lines. The revenues for peoples express increased dramatically all through 1980s, increasing up to a billion dollars in a day. Later in 1986 the company was sold after reaching its peak due to increased losses and complains of dissatisfaction by the passengers. Generally after deregulation of the CAB rules the result was that airlines competed within un-restricted ground for passengers hence a rise in revenue for th e bigger international and national airlines. Consequently it led to low fares. In a broad view privatization can be referred to as the process of reducing the involvement of the government in service provision. The result product of privatization of airlines and airports has been increased charges of services offered in airports, with some places recording drastic increases. This increase in charges is due to lack of sufficient economic regulations and failure to apply the ICAO principles in calculating tariffs and fees. The investors are also to be blamed for the increased charges due to their thirst to gain excess profits. In this effect some organizations have moved forward to control the entire process of privatization, for instance the AITAL which is a Latin American Transport Association states that it is not against privatization although it has fears that privatization will result to increase in tariff and fees which in turn will lead to increased airlines operating cost. The AITAL bases its argument on the view that the airports remain to be pure monop olies which inflict unilateral criteria. Another possible reason for increase in the operating cost is due to the fact that in current market fees and tariffs highly depend on competitive situation of the concerned markets, direct relation with operating cost is also lacking. It is therefore obvious that increased airport charges will lead to increases in costs of airlines, which cannot be indemnified by increase in fares. Question 2. The main revenue streams in an airport can be divided into two categories: The aeronautical and the non-aeronautical. Generally the aeronautical source is composed of fees towards the traditional basis of airport-related ventures like the provisions of runways, facilitation, aircraft stands, security and more importantly the staff undertaking such activities (342). On the other hand the non-aeronautical revenues are gained by undertaking activities such as offering parking, retail businesses, operating restaurants, advertising and provision of accommodation facilities. Interestingly the non-aeronautical income is growing so rapidly compared to the aeronautical revenues hence providing greater profit margins. In order to ensure that all the activities within an airport occur following the prescribed time and with low cost one needs to come up with good performance evaluation techniques. Therefore using an airport scorecard helps so much in ensuring that all activities in an airstrip are done correctly. To have excellent performance the crew members should receive good care and total attention so that they can perform to achieve excellent performance. In addition of more importance is security issues within the airport, this should be handled with utmost power and interest. One way of ensuring that an airport has good security network is by installing the relevant technological gadgets in order to keep away all the intruders (Barrett 535) The major performance indicators can be used as key factors to show the performance of a business and help in filling in the gaps between the real performance and standard performance. Another technique used in airports to establish their performance entails use of airport management KPIS which is divided into four perspectives-passenger relation perspective, financial perspective, social consideration and flight related services. The financial perspective gives an explanation concerning the sources of revenues and expenditures within an airport. These include the operating expenses, aircraft parking fees and passenger charges. The passenger related operations point at the operations in the airport that directly affect passengers. These operations include baggage, number of security checks, check-in time, number of available trolleys for the clients and the immigration time. The flight related operations include checking delays in the National airspace system, delays caused by weather and Air carrier delays (Barrett, 458). This is indicators are very important in analyzing different flight delay factors. The social consideration is concerned with ensuring that the social responsibility and accountability within a business are achieved. Question 3. Cooper, states that the safety and security issues in and around the airports need to be addressed in a very serious matter (712). The safety problems arise as a result of interaction of various factors like traffic, environment and technology. Another reason why the safety issues in most airports needs to be addressed lies in the available evidence, basically provided by the 747 crash in 1992 in Amsterdam. The 1992 crash showed that people living around the airports are exposed to high risks which are comparable to the strictly regulated risks found around chemical plants. Therefore with traffic volumes rapidly increasing there is a prediction that continued growth in the coming years will put a strain on airport capacity. For example the airbus industries predict that there will be an average yearly passenger traffic increase of 5.0 per cent before the next 20 years, which will have an impact of increasing the traffic to 168 per cent. Another safety concern is presented through a dimension concerned with third party risk as seen in increasing number of countries in Europe. Way states that the air transport system relies on airports as hubs hence their presence leads to a convergence of air traffic around the airports (72-73). In addition many accidents occur at the times of take-off and when landing and hence this happens near airports. The critical issues that need to be addressed in order to prevent an increase in safety problems related to the airport include having control over turbulence environments and wind at airports; these are area of great concern. Airports are a major attraction for corporate real estates and therefore buildings are increasingly being erected next to the runways (Wells 459). In return this buildings cause wind turbulence that in some cases make the aircrew to temporarily loss control over the aircraft immediately before the touchdown or immediately after lift-off hence resulting to very serious accidents. As a result of the great monetary value gained from the building spaces in the airports, the pressure to authorize the building activities to continue will definitely grow. A current ICAO criterion on obstacle clearance does not provide enough protection. The wake vortex constraints is another issue that needs to be addressed since it governs the distance that should be maintained between aircraft lined in sequence while making an approach to the runway. The distance determines the capacity at the runways during peak moments and therefore the general airport capacity. Another aspect that is increasingly becoming a limiting factor to airport capacity is environmental constraints and in particular noise pollution. To solve this issue the ATC organizations have developed advanced departure and arrival procedures like Continuous Descent. In conclusion, the airport department has been seen to face certain challenges such as deregulation, globalization and privatization. Despite this, this department has been a key contribution to the economic growth throughout the world. The management has set certain measures to fight these challenges and improve the airport sector. Due to the increased air transport system, the sector is also expected to gain more profits and improvements hence fighting to increase the growth of the economy. The management should hence be made tough and competent enough to achieve the set goals. Work Cited Alderighi, Moses. Network competitionthe coexistence of hub-and-spoke and point- to- point systems, Journal of Air Transport Management 11, 5 (2005): 328-334. Print. Ale, Sjareen. The assessment and management of third party risk around a major airport. Journal of Hazardous Materials 2.3 (2000):71-80. Print. Ashford, Stanton. Airport Operations, New York: McGraw-Hill .1997. Print. Barrett, Moon. How do the demands for airport services differ between full-service carriers and low-cost carriers? Journal of Air Transport Management, 10 (2004): 33-39. Print. Cooper, Etal. Tourism Principles and Practice. Harlow: Prentice Hall, 2006. Print. Hollo, Barrett, Airport competition in the deregulated European aviation market. Journal of Air Transport Management, 6 (2000):13-27. Print. Page, Joseph. Transport Tourism: Global Perspectives. Harlow: Prentice Hall, 2005. Print. Way, Taylor. The Business of Tourism. Harlow: Prentice Hall, 2006. Print. Wells, Alexander. Airport Planning and Management. New York: McGraw-Hill, 2003. Print.

The ‘War on Terrorism’ v Civil Liberties

The ‘War on Terrorism’ v Civil Liberties Abstract The security of the State is of paramount importance to the integrity and wellbeing of a nation and to citizens whose rights and freedoms are protected by the security of the State. However, the rights of citizens may be affected by such powers and there exists the possibility for governments to disappear behind the doctrine of national security with the intention of preventing scrutiny of executive action. This raises two constitutional questions: the extent to which arrangements secure some form of balance between the competing needs of State Security and protection of the individual, and; the way in which, and the degree to which, the government is held accountable for powers exercised in the name of State Security, either through supervision of the courts or through the democratic process (Barnett, 2000). The focus of this essay is to analyse what this writer perceives as the central problem we are faced with: how to deal with the fact that as a society we cling tightly to our rights and freedoms whilst expecting to enjoy everyday life without fear of terrorist attacks. From the point of view of our government and police force, the law at present is not tight enough to deal with terrorism. How do we deal with this whilst retaining a democratic society? Is security worth having if the price is unacceptable restrictions on our hard-won freedoms? More specifically, this essay proposes to closely scrutinize the government’s proposals in order to draw informed conclusions about the perceived challenges to democracy and shed light on these before, as many fear, we find ourselves led like sheep into a dark place. Can we preserve judicial scrutiny of the restrictions on our freedoms whilst trying to forestall the types of terrorist activity the world has witnessed? To conclude this section, the final word of this controversy should perhaps be left to Mrs. Thatcher: when we talk of liberties, freedoms and rights, whose are we talking about? To answer that charge, perhaps I can refer to a letter I received from the mother of a young serviceman who was murdered by the IRA. She said and I quote: ‘Where is the freedom of the press? I hear them cry. Where is my son’s freedom? (Ewing Gearty, 1990) This writer agrees with the view expressed above and, whilst there are certain civil liberties and rights which are non-negotiable, others require compromise. It is necessary to debate the way in which these are safeguarded and secured. Introduction This section will provide a brief history of anti-terror legislation, in the United Kingdom. It will then outline the main terms of the debate. Northern Ireland- The ‘Troubles’ The Birmingham bombings in 1974 which were believed to have been carried out by the Irish Republican Army, leaving sixteen people dead and many more injured, prompted the passage of the Prevention on Terrorism (Temporary Provisions) Act 1974, and successive Acts including: the Prevention of Terrorism (Temporary Provisions) Act 1989, the Prevention of Terrorism (additional Powers) Act 1996, the Northern Ireland (Emergency Provisions) Act 1996 and the Northern Ireland (Emergency Provisions Act) 1998 (Bell, 1979). Space does not permit more than a brief overview of the rich and troubled history of Northern Ireland, but it is significant in that it sparked the enactment of the first Terrorism laws. In 1968, a campaign of civil disobedience and unrest began in Ireland. The reasons for the violence concerned the discrimination which existed against Catholics and the continued union with the mainland (Disturbances in Northern Ireland, 1969). In 1969, British troops were deployed to support the police in matters which had become subject to military control; in 1970, the Provisional Sinn Fein Party was formed and, in 1971, the Reverend Ian Paisley founded the Democratic Unionist Party. Those suspected of being Irish Republican Terrorists became bound by the Civil Authorities Special Powers Act (Northern Ireland) 1922. In January 1972, thirteen Catholic civilians were shot dead by British paratroopers during a banned civil march, known as ‘Bloody Sunday,’ and by 1974, 472 deaths had taken place by Protestant murderers and the IRA. Allegations of ill treatment of detainees led to proceedings against the United Kingdom by the Republic of Ireland government under the Europe an Convention on Human Rights (hereinafter ECHR). It was ruled that the procedures amounted to inhumane and degrading treatment contrary to Article 3. Reforms were initiated in an attempt to improve relations between the Catholic community and the Unionist by the Northern Ireland Parliament. However, The Northern Ireland Parliament became prorogued and its powers transferred to a Secretary of State for Northern Ireland. It was confirmed here that there was a need for detention without trial and special courts were introduced, to sit without the jury. These became known as the ‘Diplock courts’ (Northern Ireland (Emergency Provisions) Act 1973). In 1973, a new system of power sharing between the Northern Ireland Assembly and the Westminster Parliament was initiated (Northern Ireland Constitutional Proposals, 1973). The Northern Ireland Constitution Act 1973 provided a statutory guarantee that Northern Ireland should remain part of the United Kingdom until the time at which a majority of the people, voting in a referendum, should determine otherwise. In a referendum held in 1973 on the question of the union with the Unite d Kingdom, a majority voted in favour of the continuation of the union. The breakdown of the system resulted in the Northern Ireland Act 1974, which resulted in the restoration of the direct rule by Westminster over Northern Ireland. The legislation also attempted to prevent the discrimination which existed in the fields of housing and employment, but this was to little affect (Chambers, 1987). Throughout the 1970s and 1980s a civil war existed (Gearty, 1991). From 1971 to 1977 an average of 252 persons were killed and 3,269 shootings occurred each year. Between 1978- 81, the averages fell respectively, to 82 and 2,574 (Dickson, 1993). A Constitutional Convention was elected, under the Northern Ireland Act 1974, in an attempt to devolve power to the province. This attempt failed as the Unionist insisted that they hold a majority of the new assembly. A new assembly, designed to be a debating and deliberative forum, was provided for, but dissolved in 1986. The Republic of Ireland Act and the Anglo-Irish Agreement, signed by the Ministers of the United Kingdom was the result of the New Ireland Forum, in 1983. This agreement supported the principle that no constitutional change concerning the relationship between the north and south could come about other than with the consent of the majority of people in Northern Ireland. In the absence of this consent, it was agreed that clos er co-operation in security, economic, social and cultural matters, as well as, the promotion between the two parts of Ireland would be called for, with the help of an Inter-governmental Conference, consisting of representatives from both the north and south. This was to be reviewed after three years, with the sovereignty over Northern Ireland remaining with the United Kingdom. However, in an application for judicial review it was claimed that the Agreement would fetter the powers and duties of the Secretary of State for Northern Ireland. The application was dismissed. In 1993, a Joint Declaration was signed between the British and Irish governments. The Declaration indicated that the British government had ‘no selfish strategic or economic interest’ in Northern Ireland, giving effect to the neutrality of the government’s position. In 1994, the IRA announced ceasefire and, in response, the government announced that the ban on live sound broadcasts by members of Sinn Fein should be lifted. This ceasefire provided some realignment of judicial practice in support of the language of civil liberties. Gearty notes that, ‘for the first time,’ decisions such as DPP v Jones and Redmond-Bates v DPP showed a ‘judicial branch sensitive to the underlying importance of the exercise of civil liberties, in the context of association and assembly in the first case and assembly and expression in the second’ (Gearty, 2003). However, in 1996 the IRA bombed Canary Wharf in London, ending the ceasefire. At the end of the sam e year, the British government announced terms for including Sinn Fein in all discussions in order to reach a settlement. All of these demands were nevertheless rejected by Gerry Adams, President of Sinn Fein. 1997 resulted in the election of the labour government. Following a renewal of ceasefire by the IRA, and Sinn Fein’s rejection of the use of force, peace talks commenced between all parties. On Good Friday, 10 April 1998, agreement was finally reached. The agreement concerned the principles that: Northern Ireland would remain part of the United Kingdom, with the Republic of Ireland agreeing to amend its constitution to remove the claim to Northern Ireland; a Northern Ireland Assembly of 108 members was to be elected under a system of proportional representation; a North-South ministerial council was to be established by the Assembly in order to coordinate relations between Ireland and Ulster; a Council of the Isles was to be established, and; all participants expressed the commitment to the disarmament of parliamentary organisations, which was a condition for the devolution of power. Referendums were held in both the Republic of Ireland and Northern Ireland. The 1998 elections for the membership of the Northern Ireland Assembly produced an Assembly with power shared by four main political parties and five minority parties. In 1999, the devolution of power was complete, and the Assembly elected, and a power sharing executive in its place. When the IRA refused to cooperate, the Assembly was suspended and the power was returned to Westminster, under the Northern Ireland Act 2000. The Terrorism Act 2000 The Terrorism Act 2000 reformed and extended all previous legislation. The Act repealed the earlier Acts and placed the law on a permanent basis, no longer subject to the restriction of an annual renewal by Parliament. In relation to Northern Ireland, it was hoped that following the peace settlement, special provision would no longer be required. However, due to the problems implementing full devolution to Northern Ireland, special provisions were included in Part VII of the Act which are limited to five years. Under the Terrorism Act 2000, a wider definition was adopted which was intended not only to cover terrorism for political ends, as in the case of Northern Ireland, but also terrorism undertaken for religious and ideological motivations (Barnet, 2000). The Act covers the proscription of terrorist groups throughout the United Kingdom, the appeals process by which such an order may be challenged, offences relating to terrorist property, and police counter-terrorist powers. The Anti- Terrorism, Crime and Security Act 2001 It was the terrorist attacks of 11 September 2001 which represented a new dimension of terrorist attack, with suicide bombers striking without warning and their motivation of causing mass casualties. In the heightened response to threat of terrorist attacks, in December 2001, Parliament passed the Anti-Terrorism, Crime and Security Act (hereinafter ATCSA). The Act incorporates measures designed to increase the effectiveness of authorities in combating those directly involved, and those supporting terrorism. Its main provisions will now be briefly discussed: the ATCSA allows the police authority to freeze assets of terrorist organisations and individuals when they pose a threat to the United Kingdom or its nationals; it permits disclosure of information to security and intelligence agencies, thus improving access to information; it includes a range of provisions, including the power to detain an aircraft for security reasons and the stopping and searching of passengers, as well as the regulation of laboratories of diseases and noxious substances, and; an increase in the range of police powers to photograph, search and examine to establish identity. However, perhaps the most notable introduction is the detainment of suspects without trial, in the basis that they cannot be deported to another country without breaching our human rights legislation, for example, if they might be subjected to torture. The Prevention of Terrorism Act 2005 In the wake of the bombings which caused death and destruction, on the 7th of July 2005, there was bound to be a danger, that in response, the government would rush out ill-considered measures. It appears, at first sight, to be exactly what has happened. Speaking on the day of the bombings, Prime Minister Tony Blair stated: It is important †¦that those engaged in terrorism realize that our determination to defend our values and our ways of life is greater than their determination to cause death and destruction to innocent people†¦Whatever they do it is our determination that they will never succeed in destroying what we hold dear in this country and other civilized nations throughout the world (Fox News, 2005). Most would passionately agree with what we understand the government to mean here: That it must not hand the terrorists a victory by taking away long held liberties and principles of justice. Why then does Liberty, these few months later, have fundamental concerns about aspects of the new draft Terrorism Bill? Among other measures, the government wants to increase the time police can hold suspects without charge from two weeks to three months, send deportees to countries known to practise torture and introduce a new offence of ‘justifying or glorifying terrorism’. The new anti-terrorism legislation comes with Tony Blair stating the existence of ‘absolutely compelling’ justifications for the crackdown, despite the potential implications for both human rights and civil liberties (Fox News, 2005). To many, however, no justification exists for proposals which demonstrate a willingness on behalf of the government to tamper with the Human Rights Act 1998 (hereinaf ter HRA) which could jeopardize Britain’s adoption of the European Convention on Human Rights (hereinafter ECHR), as well as dangerously undermine centuries of democratic tradition. Contemporary debate on this issue thus centres around the Prevention of Terrorism Act 2005, which came into force on 11 March 2005. In brief, the Prevention of Terrorism Act 2005 gives the Home Secretary power to make Control Orders in respect of suspected terrorists, whether they are British or foreign nationals. The Control Orders include a range of possible conditions including bans on mobile phones, restrictions on associations with named individuals, and the use of tagging. On the Human Rights website, it is noted that since the government removed the detention provisions of the ATCA and replaced them with Control Orders under the 2005 Act, it is ‘once again fully complaint with its international obligations under Article 5.’ Nevertheless, the new Act has been condemned by Liberty for contravening our basic rights to freedom and liberty; saying that ‘to allow their erosion, and to give in to intolerance, would give victory to the terrorists.’ There are new measures calling for the criminalisation of speech; these vague definitions of prohibited speech raise serious concerns that the measure is overbroad and the punishment without trial provision lives on. The new Act contains the substance of which there are negative implications on our human rights. Setting the Terms of the Debate Compelling objections to several of the proposals made are not based solely on the fact that they intrude upon the human rights of every single resident and citizen of this country, but that these measures would have done nothing to stop the attack on London’s transport network on the 7th or to prevent future attacks. It is not hard to share the view that the first and best test of any legislation must remain whether or not it will work, but it is suggested alongside Martin Kettle of ‘The Guardian’(November, 2005), that whether a Bill is right in every respect can be disputed. This is crucial on a very important conceptual level which relates to the way in which debates on terrorism law are usually conducted: If one takes the view that security considerations must always triumph over those of civil liberty, anything justified by security is acceptable. If, however, one takes the converse view that no restriction of civil liberty is ever acceptable, then every such argument made on behalf of security is an attempt to betray the identity of the democratic state. The work of the European Community, the United States Supreme Court, judges elsewhere, and the United Kingdom’s human rights history to date, reveal that the enactment of a Bill of Rights can be a powerful legal and political weapon in the hands of those who are in danger of having their rights infringed. In this way, the incorporation of the Human Rights Act 1998 (hereinafter HRA), will only be as extensive as the rights which they identify and protect, as powerful as those who draft them, and as commanding as the judges who enforce them and wish to be bound by them. How will international terrorism influence Parliament’s commitment to human rights? Rights will inevitably conflict, and the limits of each will have to be established by political and legal decision. The dilemma is not new, with democratic governments in the past having to strike a balance between the state and individuals: Abraham Lincoln suspended the rights of the habeas corpus in the 19th Century civil war for example (Home Office, 2004). Although Article 5 of European Convention on Human Rights will nowadays provide more protection against unlawful detention than the habeas corpus, this has also been derogated from in light of the Terrorism Acts. Furthermore, under ‘Operation Kratos,’ an innocent man believed to be a terrorist, was shot dead by police. The basic principle is that if the police deem the lives of the public to be in jeopardy, their shooting to cause death, regardless of whether the person is in fact a terrorist, is justified (July 23, 2005). I s it right that the innocent should be deprived of their human rights, and in this case killed, due to mere suspicion? By contrast, it is worthwhile to recount Operation Flavius (Kitchin, 1989). The murders of three IRA members came before the Court of Human Rights, and in reaching its decision, the Court considered Article 2 of the Convention (McCann, Farrell and Savage v United Kingdom, 1995). The British forces killed these three terrorists in Gibraltar, as they had believed that a terrorist attack was imminent. The Court ruled that the deprivation of life under Article 2 was justified only where ‘absolutely necessary,’ and that, accordingly, the use of force was greater than absolutely necessary in defence of persons from unlawful violence within the meaning of Article 2. Where is the line attributing to ‘absolutely necessary,’ to be drawn, and what stage are we to be deprived of our human rights? How will the new legislation affect this? Chapter 2 This chapter introduces the concepts of the rule of law, civil liberties, human rights and autonomy, analysing the changing approach to these in light of our multi-level constitution. Before proceeding, it is necessary to briefly explain the concept of the United Kingdom’s constitution. In lay terms, a constitution is a set of rules which governs an organisation. The characteristics of the United Kingdom’s constitution in summary are that: it is largely unwritten in character; it is flexible in nature; it is supreme; it is unitary in structure, although there is a degree of devolution; it exhibits mainly but not completely separated powers, and; it is monarchical. In discussing terrorism and the powers of our constitution, we are referring to the concept of constitutionalism. The doctrine suggest that: the exercise of power be within legal limits conferred by Parliament on those with power and that those who exercise power are accountable by law; the exercise of power must conform to the respect for the individual and the individual citizen’s rights; the powers conferred on institutions within a State must be dispersed between the various inst itutions so as to avoid abuse of power, and; the government, in formulating policy, and the legislature, in legitimating that policy, are accountable to the electorate on whose trust the power is held. It is against these conceptual and practical requirements that the constitution of the United Kingdom should be examined. The Basic Values: Rule of Law; Civil Liberties, Human Rights, Autonomy The rule of law represents one of the most challenging concepts of the constitution. There are many rich and varied interpretations which have been given to it, and it is important to recognise that the rule of law ensures limited governmental power and the protection of individual rights and freedoms. Dicey’s view on the rule of law, although ‘not capable of precise definition,’ by his own admission, is as follows: ‘It is an attitude, an expression of liberal and democratic principles, in themselves vague when it is sought to analyse them, but clear enough in their results’ (Dicey, 1959). The spirit of the rule of law is thus the sovereignty or supremacy of law over man: irrespective of rank and status, it is prescriptive, dictating the conduct required by the law, and; protective of its citizens. It is inexplicitly linked with Western democratic liberalism (Neumann, 1986). However, the acceptance of the rule of law is not universally accepted: from a Marxist perspective, the law conceals the injustices of a capitalist system and so denotes a false idealisation of the law, and from the socialist perspective, liberalism pays too much regard to equality and protection of property interests (Lustgarten, 1988.) Despite of such criticisms, and there are many, even within the Western liberal tradition, the rule of law retains a hold on political and legal perspective: it displays ‘enduring importance as a central artefact in our legal and political culture’ (Raz, 1977). In its simplest and general meaning, liberty involves non-interference by others with one’s freedom of choice and action. It supports personal autonomy, where the person displays a degree of reflectiveness, self-awareness, and social awareness which allows him or her to form plans and understand their impact on everyone in the immediate social group (Feldman, 2002). However, Dworkin warns that this is only one of many personal and social aptitudes, and is not determinative of a person’s self respect (Dworkin, 1988). Recognising and protecting someone’s right or liberty, and tolerating their exercise of it, involves a potential cost to other individuals and to the public generally. Seeing individual choices of goods as the highest human good, and the priority of liberty over other values, are therefore highly controversial ideas. Socialist and communitarian theorists have challenged any political theory which places the individual and his or her choices somehow ou tside society. Rather, it is said that, people’s values and choices are shaped by the public good, and liberty is possible only if nurtured by society (Mulhall Swift 1996). For this reason the term ‘human rights,’ in this essay, shall refer to those rights which have been enshrined in human rights treaties to all those within a state’s jurisdiction. The analysis of what it is to be the bearer of a right is problematic in the case of terrorism where, by definition, intrusion with the freedoms of those inciting terrorism, is defective in the very characteristics that are highlighted by the autonomy theory. The regulation of matters relating to state security is therefore at risk of state interference that applies to few other human groups. The state many not need to differentiate systematically between these groups, as the traditional approach in the United Kingdom has been to treat liberty as an undifferentiated whole, so that Parliament has a very wide discretion to decide how to balance liberties against each other or against public interests (Feldman, 2002). However differentiated, at first sight the intrusion of liberties is in effect discriminatory and therefore contrary to Article 14 of the European Convention on Human Rights, as it permits the deprivation of liberty, and thus autonomy, on grounds that do not apply to other persons. The most general rhetoric of human rights reinforces this element this uncertainty. Article 1 of the Universal Declaration of Human Rights, begins with the assertion that ‘all human beings are born free and equal in dignity and rights.’ This could be taken to suggest that, in the area of human rights at least, those inciting terrorism have the same status as everyone else. However, the Declaration then goes on to state that ‘they (all human beings) are endowed with reason and conscience and should act towards one another in a spirit of brotherhood,’ thereby implicitly introducing an element of uncertainty about the status of those who lack the intellectual and moral reasoning ability upon which the assertion of ‘brotherhood’ is said to be founded (Hart, 1972). Indeed, the Declaration seems to harbour the basis for depriving those inciting terrorism of fundamental rights; it is often assumed in practice that those who cannot be reasoned with, and those whose deranged minds, render them incapable of making sensible decisions for themselves, and those whose irrational conduct, uninhibited by natural moral inhibitions, makes them threatening to others, must be controlled, segregated and remove d from ordinary social relations, if necessary against their express and vehement protests (Campbell, 1986). Therefore, a state which ‘arbitrary kills, imprisons or tortures its citizens so chills the political atmosphere that it cannot be described as democratic, regardless of how free speech formally is or how regularly secret votes are polled: freedom cannot be constructed on such authoritarian foundations’ (Gearty, 2003). Certainly, the word ‘civil,’ from civil liberties, is taken to refer to the way in which liberty contributes to the relationship between the individual and the state in civil society. Mrs Thatcher said the following about her conservative government’s legislative stance on the question of terrorism, which coincides with this argument, in 1988: Yes, some of those measures do restrict freedom. But those who choose to live by the bomb and gun, and those who support them, can’t in all circumstances be accorded exactly the same rights as everyone else. We do sometimes have to sacrifice a little of the freedom we cherish in order to defend ourselves from those who aim to destroy that freedom altogether- and that is a decision we should not be afraid to take. Because in the battle against terrorism we shall never give in. The only victory will be our victory; the victory of democracy and a free society. (Ewing Gearty, 1990) An opposing view is uttered by Robert Nozick. Nozick describes Mrs. Thatcher’s stance as a ‘minimal state,’ providing security from internal and external threats, but performing no other functions (Nozick, 1980). This view sees the conservative governments approach as exhibiting what is described as ‘negative liberties:’ freedoms from harm, rather than rights to goods (Berlin, 1980). This view sees the state as having no responsibility to take positive steps to ensure that people are able to take advantage of liberties, but only to prevent others from interfering with their liberties (Feldman, 2002). Therefore, the only illegitimate interference with autonomy concerns what other people do to you (Paul, 1982). The conservative government’s stance seems to be mirrored with the present governing by Labour. If Nozick is right to criticise such a perspective, how can a replacement be affective against terrorism? What would the alternative involve? Protecting Rights Liberty: What is Necessary in a Democratic Society? Thus it follows that in developed societies: persons inciting terrorism are lawfully excluded from human society and denied autonomy in terms of their personal liberty, self-determination and self-expression. This is licensed by the European Convention on Human Rights (hereinafter ECHR) which states in Article 5(1): Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law †¦ the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when is reasonably considered necessary to prevent his committing an offence or fleeing after having done so. The essence of liberty, and terrorism fuelled due to religious reasons, is also contained in Article 9 ECHR: 1. Everyone has the rights to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance. 2. Freedom to manifest one’s religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health and morals, or for the protection of the rights and freedoms of others. However, Article 14 warns: The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status. Article 14 does not provide a right to non-discrimination per se but, rather, a right not to be discriminated against in relation to the other rights and freedoms protected by the Convention. Therefore, Article 14 enjoys no independent existence; it is tied to other Articles in the Convention (X v Federal Republic of Germany 1970). In assessing what is ‘necessary in a democratic society,’ the Court will operate according to the ‘rich’ model of democracy, rather than the majority rule (Feldman, 2002). By virtue of the decided case, Handyside v United Kingdom (1976), this means that in honouring the Convention rights, minorities must be protected against unfair treatment and abuse by the majority. This means that any interference with a right must be justifiable on the basis of: a response to a pressing need to act for that purpose, and; a proportionate response to that purpose (The Spycatcher cases). The definition of proportionality relates to balancing the seriousness of the threat to the interests which are protected within the purposes for which it is legitimate to interfere with that right (McBride, 1999). The margin of appreciation offers a way of arbitrating between claims to state sovereignty in international institutions and the need to universalise human rights standards under international law. These concepts will be discussed more extensively in the latter part of this essay. The conclusion thus far is that those inciting terrorism are inevitably associated with some deprivation of rights. The law which protects state security is nevertheless viewed with suspicion by democrats and civil libertarians, as the threat to state security can be asserted by those in power to justify restricting freedoms to protect the interests of the governing party, rather than the public (Feldman, 2002). Moreover, governmental demands for security will provoke scepticism.<