Research Korner: Law Essay Sample

Child Protection

Protecting Children Many children are at a risk of being abused, making it a debatable subject as it can be defined in different contexts with inexplicable views. The (Working Together 1999:5:2.3) publication sets out the definition of child abuse as, “Somebody may abuse or neglect a child by inflicting harm, or by failing to act to prevent harm. Children may be abused in a family or in an institutional or community setting; by those known to them or, more rarely, by a stranger”. This signifies that abuse can be classified into categories of physical, emotional, sexual abuse and neglect. All abuse result in long-term damage affecting a child’s well being; creating a negative impact on their lives as adults; while in extreme cases a child may even die if concerns are not acted upon. This essay will provide a brief overview of the historic development and the cases that have had a massive impact with regards to provision and legislation that strengthens it; in terms of existing attitudes, social policy and any other major influences, which are believed to be prevalent. It will also include the aims and objectives followed by the Local Safeguarding Children Board (LSCB) and contemplate on the Child Protection Policies of the setting where the practitioner works. Munro (2002:p28) indicates that, “The protection of children from harm at the hands of their parents and carers occurs within a social context that shapes every stage of the process.”This proved significant as a number of prosecutions and complaints to the SNSPCC, the Children Act 1908 broadened the definition of neglect. The legislative momentum from the 1880's up to the 1950's including the Children and Young Persons Acts of 1932 and 1937 accentuated the free rights of the child to be safeguarded from brutality and cruelty and be protected by the state. The outcome of this approach to child protection resulted in children being taken out of their homes and rehabilitated in residential care where they were seen as troublesome and difficult. WW11 brought about the awareness of children’s conditions to the public and it was recognised that there was an absolute need for a strategic and comprehensive policy in relation to the welfare and safety of children. Abrams (1998, pg. 207) states that “Local authorities were urged to coordinate child protection services in order that all possible assistance from statutory services were made available to support families"  This resulted in the implementation of the Children Act 1948 and additional importance was placed on family orientated support work during the 1950's and 60's.   Since then, a considerable change in services to safeguard children has evolved over the decades. Monro(2002:p38) further states that, “The quality of children’s life came under more scrutiny as it became more public in the 19th century and so, revealed the effects of poverty and deprivation.” This led to the awareness of placing emphasis on families in bringing up healthy and honest children. Ill-treatment and neglect could result in destruction, leading to death or serious problems and this gave rise to the NSPCC, based on the American pattern. Kempe (1979:p9) indicates that, “society’s recognition of abuse to children progress over time…… by psychotic, drunken, or drugged parents or foreign visitors. This is evident from the death of Maria Colwell at the hands of her stepfather in 1970 which spotlighted the commencement of child protection procedures and an interest in the treatment of children, increasing an awareness of child abuse. Local authorities were required to establish inter-agency child protection committees and preventative social work was beginning to take form. The deaths of Jasmine Beckford, (1985), Tyra Henry, (1987) and Kimberley Carlile, (1987) and inquiries into child abuse/protection in the 1980s and 1990s brought a chain of child protection investigations, which projected child protection into the limelight.   The removal of children from their homes in Cleveland had an impact on the Children Act –1989, which for the first time gave a distinct designation of children in need. Tisdall et al(1999: p28)denotes that “Lord Clyde's report made 194 recommendations, suggesting considerable reform in the procedures of child protection, children's hearings and social work training.” This Act stressed upon the importance of the welfare of the child, whether living at home or under the care of the local authority. It also emphasised the importance of parental responsibility and encouraged family entity by providing a support network for families in need, and working in ‘partnership’ with the parents. According to the Children Act 1989 the child’s best interest is paramount, which implies that children should be treated as individuals, ensuring they are safe and their needs catered for. It places a duty on local authorities to work with social services acting on behalf of children in need who are afflicted from what the act calls “significant harm” which incorporates any kind of abuse or ill treatment. Enquiring into allegations of child abuse England and Wales later produced Working Together to Safeguard Children (1999), which emphasised the responsibilities of professionals towards children who are at risk of harm and strengthen requirements to work in partnership with families. Clear and rigorous guidelines were given for professional workers insisting on the configuration of assessment when undertaking an investigation and the appropriate action to be taken.   In spite this, in 1991 a similar situation occurred in Orkney, where nine children were removed from their homes because of suspected sexual abuse and other cases. The Children Act 1989 implemented in 1991 provided much needed transparency in many areas of the policy claiming that the social services were failing in many areas of management and confirmed the urgent need for change within the system. Following the Orkney Inquiry, New Child Protection Orders for emergency situations and Child Assessment Orders have been introduced. New Exclusion Order means that where it is deemed necessary to protect a child from a suspected abuser, the abuser can be excluded rather than remove the child from home and "such a provision respects the child's right to remain with (the rest of) his or her family, rather than feeling doubly victimised - by the abuse itself and also from being separated from familiar and supportive surroundings" (Tisdall, 1996, p. 35). This means that the Children Act 1989 helped children to live at home with their loved ones rather than separate them from their parents, siblings and friends. It safeguarded children by getting rid of the perpetrator and leaving the innocent child from being victimised.   Annan (2002:p12-Cited in Storey, K. Presentation handout) points out that, “The idea of children’s rights may be a beacon guiding the way to the future-but it is also illuminating how many adults neglect their responsibilities towards children and how children are too often the victims of the ugliest and most shameful human activities.” This goes to portray that despite all the legislations to protect children, Victoria Climbie suffered brutal physical and mental harm and finally died in February 2000 at the hands of her carers. During the inquiry Lord Lamming got in touch with all those concerned in the services that Victoria came into contact with. It was found that her death was preventable on twelve separate occasions. Lamming found that services were not collaborating with each other and had problems due to staffing levels and resources and failed to deliver their statutory rights under certain acts. In a speech by Lord Lamming in January 2003 he says that “the staff involved in this work have to tread a careful line between respecting the rights of parents and acting to protect a child from harm” http://www.victoriaclimbieinquiry (Accessed 4th Dec,2007). The inquiry made 108 recommendations for change in local services, which had to be acted on promptly. The death of Victoria Climbie led to the Green Paper- Every Child Matters agenda which in turn led to the Children Bill 2004. The overall aim of the Children’s Act 2004 according to Pugh & Bernadette is to develop outcomes for children and narrow the gap between the ones that do well and those who don’t through reconfiguring services between children and families. Looking into the new philosophy of the Children Act 2004 it can be established that ‘prevention is better than cure’ which means that to prevent abuse and neglect is to protect a child. As spotted out from the website http://www.womensaid.org.uk. (Accessed 5 January 2008) This Act intends to “maximise opportunities and minimise risks for all children and young people.  It follows the consultation on the Green Paper, Every Child Matters, and also Lord Laming’s Inquiry Report into the death of Victoria Climbie.  It focuses on creating clear accountability for children’s services and enabling better joint working, particularly amongst statutory agencies.” This indicates that the Act stresses on working together and prevention, which is a new way of working within child protection. It does not replace the Children Act 1989 but has been built to revise what is seen to be deficit in it. The Children Act 2004 has implemented a national database, known as the Child Protection Register (CPR). The Act sets out to amalgamate services to children so that every child can attain the 5 outcomes laid out in the Every Child Matters Green Paper; introducing the star ratings system for social services in local authorities. The new database works using a flagging system, where all children in the UK have their basic details on the database. It also ensures that social care workers are appropriately trained and qualified. Following the Soham murder case, Sir Michael Bichard led an independent inquiry into child protection measures, record keeping, vetting and information sharing. This gave rise to securing a CRB - where an enhanced disclosure check by the police is an absolute compulsion for any adult working with children. Ofsted, the official body for inspecting schools stipulates that “The registered person complies with local child protection procedures approved by the Area Child Protection Committee and ensures that all adults working and looking after children in the setting are able to put the procedures into practice.” The Bristol Area Child Protection Guidance states that, “children might disclose concerns to staff as a good rapport of trust is built between them due to daily contact. This will enable staff to identify concerning changes of behaviour or physical injuries which can be looked into.” (The Bristol Standard Self Evaluation Framework: March 2004). This brings to mind that teachers were not officially permitted to play a significant part in the prevention of child abuse until the publication of The DHSS Working Together paper in 1988 (DfES, 1995) which instructs the education service on its responsibility in helping to protect children from abuse. It also goes further to acknowledge that teachers are in a unique position to distinguish and hence report any signs of child abuse. The school’s role is to examine and refer and keep children safe thus having a definite role to play in primary prevention.(See Appendix 1- Referral sheet from the setting). In 1999 the update of the DHSS Working Together Paper outlines the school’s role very concisely. “They can play a part in the prevention of abuse and neglect through their own policies and procedures for safeguarding children and through the curriculum” (Working Together,1999 : p14) School policies and procedures as mentioned in the Working Together Paper (DHSS, 1999) greatly assist in keeping children safe and in preventing child abuse. The setting where the practitioner works has considered this and places the highest priority to the protection and welfare of all children and states this in the Child Protection Policy. (See Appendix -2&3) Staff have completed training in Foundation Child Protection in 2006 and this training is updated regularly. Area Child Protection Committees (ACPCs) have now been replaced by Local Safeguarding Children Boards (LSCBs). Swindon has its own Swindon Local Safeguarding Children Board- Safeguarding Swindon’s Children. The Swindon LSCB “believes that keeping children safe and young people safe is everybody’s business.”  Its aim is “Working together to keep children safe in Swindon.” The LSCBs put the work of the ACPCs onto a statutory footing which is set out in the Children Act 2004 and includes local authorities, health bodies, the police and others. The objective of the LSCBs is to coordinate and to ensure the effectiveness of their member agencies in safeguarding and promoting the welfare of children being a part of an interlocking set of guidance supporting the Children Act 2004 “whilst reflecting the principles of the Rights of the Child and the European Convention on Human Rights.” (Cited in handout by Howe, A. 2007). The provision made available by the LSCB is produced through assistance issued by the Department for Education and Skills, the department of Health and the Home Office, notably Working Together to safeguard Children (2006).   In conclusion, Lindon (2003) suggests that “Protecting children from harm is the responsibility of parents and professionals working with children right through to senior managers and politicians. And this is particularly so for early childhood workers, who are working with the youngest and most vulnerable children on a daily basis.” But this was not the case with Jasmine Beckford, (1985), Tyra Henry, (1987), Kimberley Carlile, (1987) Maria Colwell (1970) and Victoria Climbie (2000) who lost their lives due to abuse, neglect and problems of inter professional communication which is a downfall on the child protection laws and legislations. Allegations of physical, emotional and sexual abuse within care homes are still surfacing. The question lies with -Do all local authorities maintain an efficient child protection procedure and sufficient support for families in need? Despite the massive overhaul of child care law, children are still suffering and dying, which is apparent that it is not entirely full proof.  However, child welfare reforms are constantly being reviewed and campaigned for, coming under scrutiny in areas seen to be lacking in appropriate policy, bringing about an enormous change in child protection services. Policies and procedures are constantly implemented placing the responsibility on all professionals working with children to work collectively to safeguard children. Lessons were not learnt from the Cleveland Inquiry and were repeated once again in the Orkney inquiry. Professionals did not consider whether the alleged abuse had taken place or not and proceeded to go ahead and remove the children from their home. Multi agencies involving social workers, the police and other agencies as appropriate did not consider looking into the Children Act 1989 which clearly states that "The welfare of the child is paramount” and this should have been the overriding consideration before making any decision. In this scenario no consideration was taken about the grief, anxiety and guilt that go with removing a child from their home as if they were objects without feelings.  Holmes G. (2007) states that, “Despite the work of the NSPCC and other organisations, roughly the same number of children are killed each year.” This is because some parents and carers might not realise the impacts of their actions and how it can have an adverse effect on a child’s life. According to Wood (2007), “In Swindon alone, there are 105 children on the child protection register.” Parliament has tried to curb the abuse and neglect of children, which led to the Children’s Charter, enabling the state to intervene for the first time in relations between parents and children. Even after the implementation of policies and legislations to protect children from all harm, there is still a lot of hindrance in the service offered to children. The interest and wishes of the child are usually ignored when carrying out an assessment by the people involved in making decisions about them, either by failing to consult or involve children in proceedings. This implies the fact that we are losing the idea, that the welfare of the child is paramount by damaging little children who will go into society emotionally and mentally disturbed.  It must be noted that these inquiries and reports have made constructive progress in helping to eliminate child abuse. However, to get it a 100% right is next to impossible as human judgement is often erratic. Finally, it can be perceived that, the aim of enquiries is not to blame, but to learn lessons which will help protect children from abuse and neglect in the future. The Government is endeavouring into promoting better welfare for young children. The Children Act 2004 makes it clear that safeguarding children is everyone’s responsibility. New laws are put in place where CRB checks make it absolutely sure, about who should and shouldn’t work with children. Abuse seems to occur irrespective of status, religion, colour or ethnic background. Legislations have evolved to help children and parents find better ‘quality’ welfare and childcare ,with the hope that there will come a time when society can provide an overall service for children, protecting them from all harm and realise the true meaning in,                                                 ‘Every Child Matters’.   References Bross, D. , Krugman, M., Lenherr, Rosenberg, D. eds. (1988) The New Child Protection Team Handbook. New York: Garland Publishing. Children Act 1989 (www.hmso.gov.uk accessed on 11/11/2007)   Children Act 2004 (www.hmso .gov.uk accessed on 11/11/2007)   Corby,B.(2000) Child Abuse Second Edition:Open University Press.   DHSS (1999)  Working together to Safeguard Children HMSO DfES (2003) Every Child Matters.   European Convention of Human Rights (www.hrcr.org)   Flynn,H. (2004) Protecting Children. Working together to keep children safe. Oxford: Heinemann. Handout by H.Andrea (21 .09.2007)   Handout by Wood J. (28.09.2007).   http://www.bichardinquiry.org.uk/pdf/Bichard_report.pdf. Accessed 29/12/2007.   http://www.childrens-hearings.co.uk/pdf/krcy.pdf (Accessed 10/11/2007)   http://www.everychildmatters.gov.uk/socialcare/safeguarding Accessed 11/11/2007)   http:www.swindonlscb.org.uk (Accessed 10/11/2007) http://www.womensaid.org.uk. (Accessed 5 January 2008)  Hobart C. & Frankel J. (1998) Good Practice in Child Protection Lindon J (2003) Child Protection: British Library Cataloguing.   Munro, E.(2002)  Effective Child Protection: Sage Publications, London. Presentation Handout by Woodwards B. (30.11.2007) Presentation Handout by Storey K. (30.11.2007)   Reder,P et al (1993) Beyond Blame:Child Abuse Tragedies Revisited Rouledge.   Rights of the Child (www.unicef.org)   The Bristol Standard self evaluation Framework (March 2004) TSO (2006) Working together to Safeguard Children: A Guide to Inter agency Working to Safeguard & Promote the Welfare of Children.   Wilson K. et al. (2007) The Child Protection Handbook   Working together 2006 :Local Safeguarding Children Boards.(find book)

Child Protection

Protecting Children Many children are at a risk of being abused, making it a debatable subject as it can be defined in different ...

Conveyancing

You act on behalf of Ian and Lesley Ingram who are selling their freehold house, Fair Lawn, Alphaville, Eastshire for Â£95,000 and purchasing a small freehold house, 33 Nightingale Lane, Chelsington, SW26, at a price of Â£265,000 and a cottage in the country in Westshire. There is a Mortgage of Â£30,000 on 15 Fair Lawn with the Megabucks Building Society. The Purchasers of 15 Fair Lawn are first time buyers, Anthony and Stephanie Fryer, both teachers, who are moving to Alphaville to take up posts at the newly opened Technical College. They are obtaining a 60% mortgage from the Helping Hand Building Society. The balance of the purchase price of Nightingale Lane will be paid in cash as Lesley has recently received a large legacy. The Solicitors acting for the Fryers are Messrs. Michael Quinn & Co., of London. The titles to both properties are registered. Assume that the Protocol is not being used.   (a) On receiving instructions from your Client what initial letters will you write to whom?               Upon receipt of the instructions to act from the client for the sale of their property at Fair Lawn, the letters that need to be written include: 1) acceptance of the offer sent to the buyer if the offer to purchase is amenable to the client; 2) request of Title Deeds to the lenders of the seller for the £30,000 mortgage; 3) request for copy of register entries pertaining to the client’s property from the HM District Land Registry; 4) instructions for the filling of the property information questionnaire from the HM Land Register to the client; and 5) instructions to list fixtures, fittings and contents to the client.   (b) What initial searches will you make on behalf of the Ingrams in relation to their purchase of 33 Nightingale Lane and give details of these.                         Upon the receipt of the instructions to act in behalf of the client for the purchase of the property at Nightingale Lane, the initial searches for the client include: 1) preliminary inquiries about the property being sold with the solicitors of the seller primarily to determine the ownership and encumbrance status of the property; 2) searches and inquiries with the local authorities holding jurisdiction over the property in Nightingale Lane to confirm the status of the property; 3) in case the title to the property in Nightingale Lane is unregistered, conduct an index map search with the HM District Land Registry to determine any possible restrictions to property registration upon the completion of sale; 4) if the property is located in a rural area, a Commons Registration search would also be made in the office of the County Council to determine any encumbrances such as claims or other rights exercisable upon the land by other parties; 5) in case the property forms part of a coal mining community, a Coal Mining search will also be made with the British Coal plc for the purpose of determining whether the property forms part of a coal mining community; and 6) Land Charges Registry Search in bankruptcy with the Land Charges Registry to determine the existence of any bankruptcy orders made against any of the parties that would defeat the sale.               (c) What are office copy entries, what do they contain and how are they obtained?               Office copy entries refer to documents lodged with the Land Registry pertaining to registered land. These registers prove the ownership of the property and determine any registered encumbrances attached to the property. (Cheshire Building Society 2007) Office copy entries are obtained by applying with the Land Registry through Form OC1 and payment of the fee.   (d) Explain briefly the contents of the draft contract for the sale of 15 Fair Lawn.               The draft contract for the sale of the property at 15 Fair Lawn may contains the terms and conditions of The Standard Conditions of Sale involving important matters such as the amount, schedule of payment and form of payment of the deposit and the remaining amount, insurance coverage, procedures to be followed in transferring ownership, and time limits for the completion of the obligations of the parties after the exchange and signing of the contract, and the remedies in case of failure on the part of any party to meet obligations within the time limit agreed upon. However, the draft contract could also include special conditions such as covenants for title, which may be guarantee of full or limited title as provided in The Law of Property (Miscellaneous Provisions) Act 1994. Ultimately, the draft contract should contain all provisions necessary to make the sales contract valid as well as clarify the obligations of the parties, processes and time considerations.   (e) Explain what a Land Certificate and a Charge Certificate are and whether they are still relevant.               A Land Certificate refers to the document lodged with the Land Registry providing details of a property ownership. However, this is not a legally binding document proving ownership so that the Office Copy Entries constitutes the definitive proof of ownership. (home.co.uk 2007)             A Charge Certificate is issued by the HM Land Registry proving or transferring land ownership. This document is usually issued to the mortgagee registering the encumbrance to the title or the proprietor if the land is not encumbered by any mortgage. (selfbuildhome 2007) This is an important document to determine the encumbrance status of a property.   (f) Once contracts have been exchanged on both the Ingram's main sale and purchase (ignore the purchase of the cottage), briefly outline the steps that you will take in relation to (i) the sale of 15 Fair Lawn and               After the exchange of contracts and assuming that the essential contents of the draft contract are amenable to both parties, the next step involve: 1) production of title (Office Copy Entries), for the examination of the buyer, which accompanies the draft contract; 2) the settlement of issues on requisitions on title and procedural matters covering the draft purchase deed; and 3) the sending of the completion statement to the buyer following the payment of the remaining purchase price less the deposit paid.             After completion, the registration of the property showing the transfer of ownership is made by lodging the documents with the proper office as well as the payment of the Land Transfer Tax depending upon the arrangement of the parties.   (ii) the purchase of 33 Nightingale Lane prior to and following completion.               After the exchange of contracts for the Ingrams’ purchase of the property at Nightingale Lane, the next steps involve: 1) examination of the Office Copy Entries that came with the draft contract; 2) sending of Conveyancing 28B Form for matters on requisition of title and procedural matters covering the purchase deed to the seller’s solicitor; 3) conduct of final searches to confirm the status of the property as expressed in the draft contract and supporting documents; 4) receipt of completion statement from the seller indicating the settlement of the purchase price; 5) payment of Land Transfer Tax depending upon the agreement of the parties; and 6) registration of the title under the name of the Ingrams through the lodging of the documents representing the sale.

Conveyancing

You act on behalf of Ian and Lesley Ingram who are selling their freehold house, Fair Lawn, Alphaville, Eastshire for Â£95,000 and purcha...

Immigration Enforcement Act (H.R. 4437)

HUMAN RIGHTS ACT The Border Protection, Anti-Terrorism and Illegal Immigration Act of 2005 was approved by the House of Representatives of the United States on December 16, 2005 (:2005). This Act is also called HR 4437 and also known as “Sensenbrenner.” This bill has been the reason behind the U.S. immigrant rights protest. The past years have been remarkable changes in how the United States governs immigrant admissions and rights. Initially, American policymakers focused their attention in these years on a problem that seemed to highlight the extent to which national borders had become porous and inadequately regulated: illegal immigration (:2005). By the close of the millennium, however, the entire structure of U.S. immigration and of refugee and immigrant policies had been recast by significant federal legislation, independent executive actions, and judicial rulings. Sweeping policy changes of this period were achieved in both good and bad economic times, always during divided government, and despite the fact that congressional and White House officials dreaded the issue because of the contentious and unpredictable politics it routinely inspired. The House of Representatives cleared that they understood that something which speaks to so many basic concerns such as jobs, health, crime, racial fairness, civil liberties, trade, foreign relations. Illegal immigration has always been an issue in the U.S. and statistically, brought hundreds of thousands of additional newcomers to U.S. soil. Moreover, the major policy changes adopted by national political actors in 2005 were not only less restrictive than originally expected, but they dramatically increased immigration opportunities (:2006). To be sure, national immigration law and administration in this period were unkind to particular foreigners, including persons infected with the AIDS virus and asylum-seekers fleeing Haiti, El Salvador, Guatemala, and other noncommunist countries. This was not a new open-door era indeed, there never was such a time in our national development. But in historical comparison to earlier policy regimes, the immigration controls established from 1980 to 1990 were decidedly expansive for alien admissions and rights. U.S. efforts to govern international migration in this period capture this trend well (2006). There is a military collaboration with the border patrol in the U.S.-Mexico for the implementation of HR 4437 (:2005). The military's geographic focus extends beyond the border and it now works with a plethora of police bodies throughout the U.S. on immigration enforcement. Such ongoing military involvement in domestic police matters is unique in post-Reconstruction U.S. history. The more militaristic elements of that collaboration and support, however, have focused primarily on the border (2006). Such support gave rise to the tragic killing in 1997 of a U.S. citizen by a Marine during a border-area ground surveillance mission conducted for the Border Patrol. Since then, military collaboration has decreased and has changed at the level of formal policy. The human rights repercussions of the involvement of the military police is based on the theoretical guiding principles since the significance of the human rights is a nation-state issue.   The issues and conflicts of human rights is that extra-governmental and have traditionally been used to work against the repressive capacity of states (2006). The government is responsible for human rights violation and that bureaucracy that tends to undermine the human rights of the “truly disadvantaged” through a process of “social triage” that sacrifices the general well-being and dignity, and repression of immigrants in the U.S. HR 4437 has sacrificed the human rights of these subordinated groups and it is just right to say that both the military and the government is responsible for the human rights abuse connected to the border enforcement, such as the killing of a Mexican-American teenager in Redord, Texas .   In this case of oppression, military behavior was sated with gross confusions by soldiers and their unwarranted growth of the use of force. The unsuitable corresponding of military troops in opposition to nonmilitary threats show the danger leap up in border enforcement, because they are trained to respond with deadly force to perceived threats, regardless of the objective situation

Immigration Enforcement Act (H.R. 4437)

HUMAN RIGHTS ACT The Border Protection, Anti-Terrorism and Illegal Immigration Act of 2005 was approved by the House of Representatives ...

Eighth Amendment and Prisoners' Rights_State of Texas

1. Texas standard operating procedures or rules of conduct that apply to the cruel and unusual punishment clause of the Eighth Amendment.               The state of Texas adheres to the Eighth Amendment and incorporates the amendment as Article 1.09 of its Code of Criminal Procedure. This means that the procedures in the granting of bail and the imposition of fines and punishments adhere to the standards set forth by the Eight Amendment. In the case of bail, the State of Texas allows bail through the presentation of a bail bond by the accused subject to the leave of the court, the magistrate after an examination of the accusations made against the person applying for release on bond or the judge if the bail bond is being sought under the principle of habeas corpus. This means that after a complaint has been filed against a person subjecting that person to the custody of law enforcement authorities, that person should apply for the grant of bail with the court. The magistrate or judge then considers the case in terms of the nature and severity of the accusation and the status of the accused such as the commission of previous offenses, the possibility of committing further crime when released on bail, and the possibility that the accused would abscond from the law when granted bail. These criteria constitute the standards used in determining the merits of granting bail. With regard to fines and punishment, the state of Texas follows the rules on punishment contained in Title 3 of its Penal Code. Objectives of the Penal Code, which also serve as standards in granting fines and punishments are: maintain public safety by deterring crime, rehabilitating violators, and preventing recidivism; grade offenses as fair warning of the consequences of violations; and impose fines and punishment proportionate to the crime committed. (Teague & Helft, 2006) 2. Texas mechanisms for prisoners' access to the courts.             The Texas Department of Criminal Justice holds jurisdiction over the prison system in the state and the Texas Board of Criminal Justice manages the administration of the prisons in Texas. Mechanisms for prisoners’ access to the courts are contained in Chapter 4 of the Offender Orientation Handbook (Texas Department of Criminal Justice, 2004). Generally, there are two mechanisms provided to prisoners in Texas to ensure their access to the courts. First is through access to library materials or keeping of personal legal materials. Texas Prisons have a law library, with sufficient resources on all aspects of law that prisoners may need in preparing documents or understanding court processes, access to which is subject to rules depending on the status of imprisonment of the offender, such as whether the offender fall under general population or in other situations such as segregation or lockdown. Access and use of resources are subject to approval and regulation of prison officers. Second is through access to assistance on legal matters. This is further divided into a number of areas. There is an area or room whether offenders can perform legal work on their own or with the assistance of an inmate with knowledge of the law. The prison also offers notary public services for legal documents subject to scheduling. Offenders also have the right to visitation by their attorneys and they can even reject visits depending on their preference. Calls to their attorneys can also be made with leave of prison officers to get updates or ask questions and they may also receive calls. In cases involving court conference calls, the prison system in Texas also allows this subject to assessment of the circumstances. 3. Texas mechanisms for prisoners' internal rights of redress.               The prison system in Texas involves an Offender Grievance Program, which comprises the mechanism through which prisoners can exercise their internal rights of redress. Grievances are raised to the unit grievance officer by filing a form and dropping this at the designated grievance box or personally handing it to the grievance officer. It is assumed that upon the filing of the grievance form, the ailing party or parties have already attempted to settle the issue or problem. Inmates have 15 days, from the occurrence of the issue or incident, to file a grievance form. Otherwise, the form may not be processed. From the date of the receipt of the grievance form, the processing could take 40 days to finish but this could be extended in case of the need for further investigation. Upon receipt of the decision, the inmate filing the grievance form can appeal the decision with the Warden, the processing of which could take 35 days. Issues that are grievable include the application and interpretation of the rules and procedures implemented by the Texas Department of Criminal Justice, actions of prison officers or fellow offenders, reprisals due to the engagement in the grievance procedure or raising of rights to court access, damage or loss of property, and other matters subject to the jurisdiction of the Department of Criminal Justice. Issues not grievable include court decisions, parole decisions, time-served disputes, matters covered by other mechanisms, and those not covered by the jurisdiction of the Department of Criminal Justice. (Texas Department of Criminal Justice, 2004)     Reference List   Teague, M. O., & Helft, B. P. (2006). Texas Criminal Practice Guide. San    Francisco: Matthew Bender.   Texas Department of Criminal Justice. (2004). Offender Orientation Handbook.     Retrieved January 30, 2008, from     http://www.tdcj.state.tx.us/publications/cid/OffendOrientHbkNov04.pdf

Eighth Amendment and Prisoners' Rights_State of Texas

1. Texas standard operating procedures or rules of conduct that apply to the cruel and unusual punishment clause of the Eighth Amendment....

Company Law

HKSAR COMPANY LAW REGIME: DISCUSSION ON NECESSARY CHANGE Table of Contents   I.      Introduction.. 3 II.     Legal Framework in Hong Kong.. 4 III.        Identified Areas of Company Law... 4 A.    Directors’ Duties and Executive Liability. 4 B.    Filing of Financial statements: Need for Corporate Disclosure. 6 C.    Shareholder Primacy. 7 IV.       Conclusion.. 8 V.    References.. 9         I.              Introduction Business environments are admittedly dynamic in nature. The way business is handled now is significantly different how it is carried out decades ago. Concurrently, state laws are ratified to ensure that the proper standards of doing business are followed. In line with the changing nature of the business environment, laws will concomitantly have to adapt to these changes. This is true in the case of Hong Kong. Its jurisdiction is covered the Companies Ordinance (Cap 32). Up until a couple of years ago, the state was using this regime to keep the business environments in Hong Kong safe from any items of abuse and protect industries as well as shareholders in the process.  In the last couple of years, the Financial Services and Treasury Bureau (FSTB) has taken steps in reviewing the existing legal framework for the business environment in Hong Kong. The review of the ordinance brought about several proposals for reforms, which took place in public consultation processes. The following discussions will be examining these proposals for reform. In the process, a look at other jurisdictions on company laws will be taken into consideration. However, the main source of information regarding the observations and arguments provided in this paper will come from the Companies Ordinance (Cap 32) itself. Specific areas of company law will be discussed like the duties directors, transparency on financial statements, and the legal recourse of shareholders. II.            Legal Framework in Hong Kong The major legal document that governs over the business environment in Hong Kong is the Companies Ordinance (Cap 32). It is the piece of legislation that allows entities in Hong Kong to form and operate companies in the special administrative region. In order to properly analyse the proposed reforms in several areas of this law, an introduction to this ordinance is required. The limits and scope on which a company could use are detailed in this piece of legislation. Along with these, terms pertaining to the institutions and certain provisions that safeguards the interests of the stakeholders of the organisation are specified in this ordinance. Rights of the creditors as well as the major stockholders of the companies are detailed in this law. It is needless to say that this is one of the lengthiest and most intricate ordinances in the administrative region. In an attempt to modernise these existing laws, authorities in Hong Kong has taken steps to review the legislation to impart certain improvements and adopt certain best practices from other jurisdictions. III.           Identified Areas of Company Law A.   Directors’ Duties and Executive Liability In the jurisdiction of Hong Kong, the duties of directors are primarily seen in case laws and common law principles. The recent amendments in the Ordinance pertaining to directors involve changes in the technical terminologies and procedures with reference to the directors. However, the actual duties of directors in Hong Kong are still limited to case laws and common law principles which mean that it is still inaccessible and even subject to individual interpretation. The only concrete evidence of a list of directors’ duties is seen in the Non-Statutory Guidelines on Directors' Duties forwarded by the Hong Kong Companies Registry. These duties include: Principle 1: Duty to act in good faith for the benefit of the company as a whole Principle 2: Duty to use powers for a proper purpose for the benefit of members as a whole Principle 3: Duty not to delegate powers except with proper authorization and duty to exercise independent judgement Principle 4: Duty to exercise care, skill and diligence Principle 5: Duty to avoid conflicts between personal interests and interests of the company Principle 6: Duty not to enter into transactions in which the directors have an interest except in compliance with the requirements of the law Principle 7: Duty not to gain advantage from use of position as a director Principle 8: Duty not to make unauthorised use of company’s property or information Principle 9: Duty not to accept personal benefit from third parties conferred because of position as a director Principle 10: Duty to observe the company’s memorandum and articles of association and resolutions Principle 11: Duty to keep proper books of account   The operational term in these set of duties is seen in its title: non-statutory. This means that these terms have no intimation of executive liability in instances where these principles are infringed. On this note, one must point out the possible benefits of codifying the duties of the directors into a statute. Other jurisdictions like UK have started to implement such legal reforms. In the context of the Companies Act 2006, ss170 to 181 specifically points to the statutory duties of the directors of corporations. These are primarily based on the common law principles and recent interpretations of courts on the issue. In any case, the codification of such principles was with the ends of making the laws more predictable, definite, and accessible to the public. In the current state of the HK laws, codification seems to be rather appealing. Other sources of the directors’ duties come from the Listing Rules of the Hong Kong Stock exchange. At the most, this piece of agreement in HK may present the set of codes with the highest legal ascendancy as it is contractually binding. Given the necessary statutory backing, this regime will provide an opportunity for the state to further modernise its legal systems. B.   Filing of Financial statements: Need for Corporate Disclosure The current ordinance states that companies with limited liabilities are exempted from filing their financial statements to the Companies Registry (CR). This should be amended for the benefit of the public. Specifically the laws should require these types of companies to file their financial statement for public inspection. This highlights the need for disclosure of any corporation regardless of size. The company should be monitored on whether all the energies of the board is geared toward the progress of the organisation and not driven by selfish means. (Mitchell, 1995, 1) This also highlights the fiduciary duties of the board of directors’ to the company and its shareholders. (p7) In this regard, protection on the part of creditors and shareholders of the corporations especially in instances where the company is deep in debt and operating with a huge deficit. More particularly, this is imperative as the courts of Hong Kong has the capacity to wind up companies as seen in Securities and Futures Commission v MKI Corp Ltd [1995] 2 HKC 79. The decision of the court to carry out this act is based on s327 of the Companies Ordinance. This is also applicable to foreign companies operating in Hong Kong territory. C.   Shareholder Primacy Proponents of shareholder primacy intimate that valuable information regarding the intentions of the directors should be imparted to the shareholders of the company. (Kennedy, 2000) In the same manner, the primacy of these individuals is seen in the availability of remedies in instances where they are aggrieved by the directors of the corporation. In the case of shareholder remedies, the Companies (Amendment) Ordinance 2004 has given major developments in this area. Particularly, shareholders are given opportunities for derivative actions (s168BA-168BK), right to inspect records (152FA-152FE), and remedies for unfair prejudice (s168A). Other opportunities for minority shareholders to remedy their situation is seen in s350B(1) of the amendments as they are given the chance to apply for court injunctions in instances where a fiduciary duty is breached or any other infringement in the Companies Ordinance took place. The question remains, do these amendments adequate for shareholders in Hong Kong? Compared to other jurisdictions, the Hong Kong remedies fall short. For instance, in s459-461 of the UK Companies Act 1985 does not only provide the right to file for injunction, it also gives the courts power to make orders in the process. Moreover, s122(1) and s125(2) of the UK Insolvency Act 1986 gives the courts the authority to wind up companies if it was considered equitable and just for all involved. This is still absent in the legal framework of Hong Kong. This means that compared to the regime in UK, the Hong Kong regime on shareholder remedies offer less protection and less recourse from courts. This is one of the major actions of the administrative region to modernise its company law to be concurrent with the recent trend towards the improvement of corporate governance and transparency. It provides an avenue for the minority shareholders of the company to exercise their rights as part-owners of an organisation. With the ratification of such amendments, the judicial element of the administrative regions should expect a possible exponential rise in class actions among minority shareholders in Hong Kong. IV.          Conclusion Hong Kong has always been one of the hubs for business in Asia. Companies seeking to gain profit and operate in a rather lucrative environment realises the potential of the administrative region for their businesses. The regime covering the business environment in Hong Kong show considerable appeal on the companies coming from both local and foreign soil. This has always been the case even before the region was under British rule. However, the changes brought about by the environment both in Hong Kong and overseas have made it necessary to install reforms on its legal framework. The discussions above shows that Hong Kong is considering changes that focuses more on the welfare of the stakeholders of businesses. The reform in the areas involving duties directors, transparency on financial statements, and the legal recourse of shareholders shows that protection of its investors is sought by administrative region. This begs the question whether the reforms were sufficient. The short answer is no. However, the reviews carried out and the public consultations provided by the state are a significant step in the development of the legal framework in the business environment of Hong Kong. In the same regard, this shows that the companies the currently operates, and those that seek to operate, in the administrative region will have to deal with regulations that places the interests of its shareholder first and foremost. Were the proposed amendments considerably stringent, especially in overseas companies? Possibly, but these significantly improves the prospectus regime of the administrative region which consequently ensures proper trading procedures from companies based locally and abroad.   V.           References Books Mitchell, L., 1995. Progressive Corporate Law. Boulder, Colorado: Westview Press..   Hong Kong Companies (Amendment) Ordinance 2004. Available in: http://www.isdc.ch/d2wfiles/document/4265/4017/0/Companies%20amendment%20ordinance%202004.pdf [Accessed 29 May 2008] Non-Statutory Guidelines on Directors' Duties. Available in: www.cr.gov.hk/en/publications/docs/director_guide_e.pdf [Accessed 29 May 2008] Companies Ordinance (Cap 32). Available in: http://www.hklii.org/hk/legis/ord/32/ [Accessed 29 May 2008] Securities and Futures Commission v MKI Corp Ltd [1995] 2 HKC 79   United Kingdom Companies Act 1985. Available in: britlaw.free.fr/company/companies_act_1985.htm [Accessed 29 May 2008] Insolvency Act 1986. Available in: www.insolvencyhelpline.co.uk/insolvency-act/index.php [Accessed 29 May 2008] Companies Act 2006. Available in:  www.opsi.gov.uk/acts/acts2006/pdf/ukpga_20060046_en.pdf [Accessed 29 May 2008]

Company Law

HKSAR COMPANY LAW REGIME: DISCUSSION ON NECESSARY CHANGE Table of Contents I. Introduction .. 3 II. Legal F...

MARITIME LAW ENFORCEMENT

Maritime Law Enforcement   Introduction             The shipping industry is one of the most important means of transportation, being responsible for the effective and efficient transfer of goods, rendering of services, and employment. Compared to other means of transportation, such as aircrafts and automobiles, the shipping industry enables a company or a corporation to mobilize and to transfer goods and services from one region to another in bulks or in large quantities. In essence, when it comes to the transfer of goods, raw materials, and passengers from one point to another, ships can accommodated the largest quantities of cargo compared to other types of vehicles. In addition, because ships can travel internationally, certain businesses are largely dependent on its operations, such that companies doing businesses with other companies in other countries and continents, ship their goods in bulk through the shipping industry. Some also obtain their own shipping lines just to accommodate the high demand for the service and advantages it serves for the company.             However, due to its size and the large quantity it can carry, the shipping industry becomes a susceptible target for terrorism and other crimes that can delay and impair the operations of a company. In addition, due to the increasing number of ships and ports in different coastlines, it contributes to the increasing incidence of water pollution in different marine and estuarine environments. The increasing number of shipping lines also contributes to some important issues in relation to maritime control, which requires the need for international maritime laws and agreements.             Because of these issues, it can be argued that the use of aircrafts for maritime surveillance is needed to hasten and reinforce maritime surveillance within the area of coastal state jurisdiction. The use of aircrafts would become more efficient for the shipping industry because it would effectively observe the operations at ports, such as the extent of marine pollution and port operations. This paper expresses the view that aircrafts are needed to enhance maritime surveillance, especially for the merchant shipping industry. Discussion will also include surveillance and control of marine pollution, maritime crime, coastal state control, law enforcement, and the role and potential of technology for hastening law enforcement.   Changes in the Shipping Industry              and  (1996) reports that shipping has been important to the growth of the world economy for two reasons, where one is that, as world production expands, international transportation services are required to carry many raw and intermediate goods to manufacturing plants and finished goods to consumers, and second, it is a more cost-effective method than land and air transport for moving most bulk goods between nations. Without inexpensive, efficient oceanic transportation, world trade would not have grown as fast as it has because higher transportation costs lessen opportunities for exploiting comparative and competitive advantage ( and  1996). In addition to this, changes happened in the shipping industry, as the growth of international shipping has been steady and dramatic over the past two centuries ( and  1996), with the accommodation of more vessels involved in trade relations. The increase of fleets or vessels led to the accommodation of more cargo and more effective and efficient transfer to nations and states. With this, the role of merchant shipping lines became apparent and important for any industrial country.             The merchant shipping industry includes two types of vessels, namely, liner and bulk shipping, wherein liner shipping provides scheduled services at fixed rates between two or more ports and usually carries manufactured goods such as electronics, while bulk shipping operates mainly on a charter basis and specializes in the carriage of liquid and dry bulk commodities such as oil and grains ( and  1996). However, despite the economic growth that the international trade brings through shipping, the high demand of these kinds of shipping vessels also brings and presents negative effects on the environment and to other aspects in the society, such as threats due to maritime crime and law violations. The changes that development brings to the society entirely affect the operations of businesses, thus, affecting the entire shipping industry. Due to the presence of the negative and deleterious effects as consequences of these changes, control and surveillance in the maritime industry must be implemented and accomplished.   Maritime Surveillance             Maritime monitoring or maritime surveillance can be defined as an operational function of observation conceded through in marine waters that allow accomplishment of several objectives of the maritime authority, such as the safeguard of resources, including fisheries and natural resources with the threat of depletion, tourism, internal security, national defense and upholding off the law in the areas under national jurisdiction (‘’ 2007). In addition, maritime surveillance is needed by shipping industries to provide protection and monitoring against illegal immigration, drug trafficking, and other sources of crimes. It also aims to guarantee and ensure that passengers and cargos will reach their destinations on time, and with the intention of helping and rescuing ships in time of distress.             Moreover, surveillance in ports varies from region to region, depending on the geographic and political-economic situation. Because of this, coastal states must be prepared to make considerable investments both in human and material resources to ensure the benefit of territorial waters. With this, genuine capacity must be pursued to stop, approach, and apprehend ships that violate existing laws and regulations. This is why maritime surveillance is a vital part of the environment protection of waters and coastlines, of the sustainable management of the resources of nations, and of national sovereignty (‘’ 2007).               Maritime surveillance is part of one’s nation or country’s maritime strategy, and serves as one of the rights and privileges of a nation, as it gives a country the ability to use its power to protect its territory. Maritime strategy can be defined as the art of directing maritime assets, or those that operate on, over and under the sea, to attain the required political objectives ( and  2003). With a rational maritime strategy, maritime policy, which organizes matters relating to a country’s exploitation of the oceans, is designed to develop enough maritime strength to secure national and maritime interests. In essence, maritime strategy is the art of exerting sea power, maritime policy is the approach for implementing maritime strategy, and maritime strength is the instrument for achieving maritime policy ( 2003). The implementation and the achievement of these three objectives lead many nations or countries to attain national stability, in relation to coastal security.                        Use of Aircraft in Maritime Surveillance             Because of the importance and role of maritime surveillance, several means are being used, to help sustain and enhance the protection in ports. Means of maritime surveillance include airplanes or aircrafts, satellites, patrol ships and helicopters, vessel traffic systems, port inspections (‘’ 2007), and the implementation of technological means. The use of aircrafts or airplanes in maritime surveillance is essential as it takes part in overseeing the operations of ships in ports and coastal waters. Moreover, it has a wide range of geographical coverage that allows the shipping company to efficiently check on the conditions in the port as well as in the sea.             However, because of its position, aircrafts or airplanes do not possess means to take immediate measures against violators, limiting it to the observation and attainment of evidence for court, and instead, they have a preventive presence, which is efficient in limiting space and time intervals. In addition, using aircrafts can be extremely expensive, as it is selective in geographic and timing, and must be in coordination with coastal radars and satellites (‘’ 2007). Thus, the use of aircrafts is not limited in using the aircraft itself, but the installation and use of expensive equipments, such as radars and satellites.             In relation to the problems being presented in this paper, which includes the increasing incidence of marine pollution, the existence and persistence of maritime crimes, and coastal state control, the use of aircrafts or airplanes can be used as a means to implement control.   1. Marine Pollution             It has been reported that the environmental awareness, especially with regard to oil pollution at sea, is growing in all countries around the world, and international agreements and treaties are being developed with increasing frequency to prevent oil spills, at minimizing its effects, and at legal action against the violators (‘’ 2004). In detecting and preventing the harmful effects of oil spills, the use of aircrafts can be used, as it enables overseeing the location and the extent of the damage it brought about during the spill. To attain this, a modern and cost-effective approach that can be used is to combine the use of satellite-borne SAR or Synthetic Aperture Radar and dedicated surveillance aircraft with Side Looking Airborne Radar or SLAR and Infra Read or UV/IR scanner (‘’ 2004).             The mechanism of the use of the two-combined machinery involves the use of the SAR satellite data as an overview to direct airborne surveillance. A radio can be used link images, reports and orders. Data from aircraft operations, which includes surveillance, detection, identification, analysis and interpretation, and report, will be passed on to a radar, which is involved in the overview, coordination and decision of the situation. The data will be picked up by a satellite and will be transferred to a base station. The data from the operations of the aircraft will then be used to respond to the several ship accidents, such as oil spills, for surveillance, oil sampling, clean up and rescue. In addition, satellite data will not substitute aircraft as monitoring platforms, instead, aircraft operations will be more cost-effective as its joint use of data from the satellite and the aircraft will be used for monitoring. Cost-benefit studies show that the costs per unit covered from a combined satellite or aircraft service are lower than the costs obtained from traditional operational systems (‘’ 2004).             An example of its actual use and implementation is the North Sea and other waters in Europe, which is being serviced by the Tromso Satellite Station and has been operating its Oil Spill Monitoring Service over Norwegian waters based on satellite SAR data from the ERS and RADARSAT satellites since the 1980s. The device is dependent on weather conditions and the characteristics of the spill, but has proven to be a dependable tool in most conditions (‘’ 2004). The use of the combination of aircrafts and satellites would be essential, as the aircraft would serve as the “eyes” of the shipping company and even the coast guards to in detecting accidents in the marine environment. In this way, the harmful and deleterious effects of oil spills, such as the pollution of the marine environment, the death of the organisms in the water, and the possibility of human food poisoning will be alleviated and eliminated. Through the data gathered by the system, action will be easily executed.   2. Excessive Fishing             In relation to coastal state control is the growing awareness in the protection against intruding fishing fleets into own economic zones (‘’ 2004), which contribute to the depletion of fishes and other marine organisms. The proliferation of fishers, combined with the greatly increased capacity of their equipment, has begun to put formerly populous species of fishes and marine organisms at risk ( 1994). Sonar and even aircrafts are being used by fishers to locate schools of fishes in the open ocean, giant nets allow them to literally strain the sea of fish, and coastal trawlers are being used, to drag nets along the seabed to catch large quantities of unwanted species ( 1994). Because of this, several species have already been depleted and as a consequence, fishers locate other areas to fish from and obtain their living, leading them to trespass to other fishing areas, not bounded by their territory. The depletion of some of the species in the ocean would entirely affect the food chain and food webs, and contribute to the extinction of some larger species. In addition, the depletion of specific species would also contribute to the depletion of food sources for humans. With this in mind, maritime surveillance must be extended to this issue, as it serves to one of the severe threats in the environment and in the shipping industry.             Because of this problem, the use of aircrafts or airplanes can be implemented as a means of detection, identification, analysis, and surveillance of unknown fishers and ships in a specific territory. The data gathered by the aircraft-satellite system can be used to identify the unknown marine vessel, and implement necessary punishments or violations in line with the vessels infringement of law or regulation. This would reinstate and reinforce a nation’s right to defend and protect their territory from intruders or invaders, which would accentuate the nation’s implementation of the law. In addition, through the use of data gathered by the aircraft, maritime surveillance will be improved, in terms of protecting the marine environment from intruders. Due to the existence and preservation of some sanctuaries in the open ocean, port authorities and governments can defend and shelter these sanctuaries through maritime surveillance. Through the protection of these sanctuaries, port authorities and the nation’s government can contribute to the preservation of the endangered species in the area, allowing them to proliferate once more, thus, reviving the gap that was lost due to the loss of the species. With the use and participation of aircrafts for maritime surveillance, port authorities can implement and reinforce the compliance of shipping vessels and shipping companies of laws and regulations regarding excessive fishing.   3. Maritime Crimes: Smuggling, Illegal Immigration and Drug Trafficking             Aside from oil pollution and excessive fishing, maritime surveillance is most applicable when it comes to preventing maritime crimes. Maritime crimes include smuggling, illegal immigration, drug trafficking, and piracy, and these crimes are sources of other crimes happening in the mainland or the society. Most of these crimes are being accomplished during the night, wherein most of the operations are not as intense as in during daylight. In addition, accomplishment of such crimes happens in the open sea, wherein rescue and resistance is almost impossible.  (2005) reports that piracy is traditionally regarded as the enemy of the human race and punishable whenever encountered. Acts of piracy include murder, drug trafficking, robbery, plunder, and rape ( 2005). In relation to this,  (2002) emphasizes that controlling the flow of drugs is an issue that the maritime industry will come to be more involved in, as the majority of illicit drugs enter the market through the sea. In addition, along with illicit drugs, terrorists and weapons of mass destruction can be placed inside box containers and allow entry into a country ( 2002). The inanimate cargo that containers may hold, which may include a nuclear device, or some other weapon of mass destruction, poses a more serious threat ( 2003). The cargo containing the weapons may pass through a port without being discovered, and be ferried with accuracy to any target desired ( 2003).             Environmental concerns also bear relevance to piracy and caused alarm in the world community, for a piratical attack on an oil tanker, could cause an oil spill disaster, or causing an accident that involves one or more vessels carrying environmentally destructive cargoes. In addition, piracy also includes hijacking of entire ships, involving organized criminals, committing large-scale theft, subsequent resale of cargo, which requires impressive resources and sophisticated planning ( 2005). In addition to this, terrorism can also be accomplished in the sea, as terrorists can have the freedom and the opportunity to carry out their plans. Through this, they can enter a territory freely and bring about fear and chaos among the citizens in that particular country or nation. Pirates and terrorists involved in these kinds of operations are ambitious and well organized, and should be distinguished from the larger number of petty opportunists whose presence has always afflicted remote ports and coastlines, such that new pirates and terrorists have emerged on the ocean, whose identities have been mixed and blurred and the rules of nationality have been undermined ( 2003). Furthermore, illegal immigrants enter nations illicitly through ports, which increase the illegal entry of criminals in a particular nation. Law enforcement on piracy is mainly governed by international law, such as the 1982 United Nations Convention on the Law of the Sea or UNCLOS, and other relevant international treaties. Nevertheless, as time passes, the existing legal regime has revealed a lack of effectiveness in breaking down contemporary policy ( 2005). Because of this ineffectiveness and lack of action, the use of aircrafts and satellite system would be appropriate for the surveillance of unknown ships in any territory. Through the aircraft-satellite system, port authorities can have the edge of detecting port operations and perform effective surveillance to prevent the increasing incidence of piracy and other maritime crimes. The use of this system would make it easier to detect the presence of pirates in the territory, which would enable authorities to seize them and put them in jail. With this, the implementation of international laws, such as the UNCLOS would be much more effective.   Role and Potential of Technology             The dynamic and adverse changes happening in the society today, including the changes and the advancements that happen in science and technology have contributed to the effective and efficient use of progressive devises and gadgets that ease the operations of many industries. One of the most used applications of technology is exhibited in the maritime industry. From this, it is evident that the role and potential of technology is essential for maritime operations. Aside from the fact that it is applicable in maritime surveillance as discussed, the role and application of advanced technology is also applicable in the merchant shipping industry through its use on building and enhancing the communication of the ships internally and externally. In using an enhanced computer software, the shipping industry can collaborate and coordinate with their base stations, in case of emergencies and when the need for rescue arises. In addition, through these add-ons, merchant ships will be able to promote the safety and well-being of their passengers more effectively.             In relation to maritime surveillance, the role and use of advanced technology is appropriate with the use of the aircraft-satellite system. It has been reported that Transport Canada maintains a watchful eye over ships passing Canadian waters through its National Aerial Surveillance Program or NASP, which is its principal means for detecting ship-source pollution in waters under Canadian jurisdiction (‘’ 2006). The program is conducted over Canada’s Great Lakes since 1968, through four fixed wing aircrafts, which are located strategically across Canada to conduct pollution surveillance, and from the operations, evidence have been gathered to prove that this program is applicable in detecting illegal spills from ships, and in reinforcing legislations and laws, such as the Canada Shipping Act and the Migratory Birds Convention Act (‘’ 2006). In addition to this type of system are other means of technologies that could help with the effective and efficient detection and surveillance in ports and in ships. It has been reported that the Australian Customs Service supervises the security and integrity of the Australian border and assists their citizens and cargo to enter and leave their country through the application of advanced technology (‘’ 2004). One of its technological applications is the implementation of new container examination facilities in the ports of Sydney, Melbourne, Brisbane and Fremantle for sea cargo inspection through x-ray technologies. These include the pallet x-rays, which allow the reduction of time for inspection and helps in effective detection capabilities once anomalies are found by the container x-ray. It provides a dual x-ray view from the top and the side of sea cargo containers. In addition to the pallet x-rays are the mobile x-ray vans and smaller x-ray machines that scan items, including parcels, international mails, air freights, and passenger baggage (‘’ 2004).             Moreover, they also use a high-frequency surface wave radar, which can detect targets beyond the horizon, and has the potential to follow surface vessels and aircraft out to 300 kilometers and over and arc of 120 degrees (‘’ 2004). The radar can be used in offshore and remote area surveillance, including the use of unmanned aerial vehicles (‘’ 2004). The use of advanced technology in the Australian Customs Service also include television monitoring, which combines video and communication technology to present successful and well-organized coverage of waterfront activities, a radio technology, which has a voice-secure system that is compatible with other law-enforcement agencies, ionscan machines to investigate minute particles of illicit drugs from the clothing and baggage of passengers, and a detector dog unit to sniff out illicit drugs and other banned items (‘’ 2004).             Through these applications in using advanced technologies, port authorities will be able to efficiently and effectively conduct their operations and surveillance that would enhance safety and integrity in ports of any nation. The application of advanced technologies is not merely dependent on aerial surveillance, but also on other means, such as those discussed in the paper. However, these applications entail a good deal of maintenance and allotment of resources for it to be able to maintain and sustain efficiently. With this in mind, it must be taken note of that the management of port authorities must be adequate and sufficient enough to sustain and maintain aerial surveillance operations.   Conclusion             One of the most essential and inevitable operations in the industry are the operations conducted by ports and ships. When it comes to transporting large and bulk quantities, the shipping industry renders the most reliable and credible service. Aside from the transfer of cargos, the shipping industry is also responsible for the transfer of passengers from one place to another, which must be secured and protected from intruders. In addition, the shipping industry is also responsible for the trade and transfer of marine animals and organisms, including fishes and other sea creatures, which are involved in human food consumption.             Because of this importance, maritime surveillance is important and essential to protect these operations. The use of aircrafts is one of the most efficient and effective way to detect, identify and report accidents, such as oil spills in the open sea and crimes, including piracy, terrorism, drug trafficking, and illegal immigration. The use of aerial surveillance can alleviate and even eliminate the increasing incidences of the mentioned crimes and accidents, which would help maintain and sustain effective operations and promote the safety and protection of many individuals.   Reference

MARITIME LAW ENFORCEMENT

Maritime Law Enforcement Introduction The shipping industry is one of the most important means of transportation, bein...