Resourcing Talent

Resourcing Talent Report Adrienne Westerdale Attracting and retaining a diverse workforce is very important; there are many organisational benefits for doing so. People of different ages, genders and cultures will bring new skills and ideas to the organisation. A diverse workforce can help to inform companies of new or enhanced products and services as well as open up new market opportunities. It can improve market share and broaden an organisations customer base. CIPD defines managing diversity as â€Å"valuing everyone as an individual- valuing people as employees, customers and clients†.Location is a factor that can affect an organisations approach to attracting talent; there are lots of people that will look for work close to their homes to avoid commuting or even relocating. This could become a problem for organisations especially if recruiting for a specialised position such as engineers; it could be that they have advertised the vacancy locally and haven’t had a suitable applicant so will need to look further afield. It may take a little longer to fill the position which could increase the work load for other employees.Again this would have an effect on the organisation as it could lead to employees taking time off due to stress. Salaries would be another factor that can affect the approach to attracting talent. By offering a high salary you are more likely to receive more applicants for the position, however, the company can only offer a specific salary for a specific role. The organisations reputation has a massive affect, maintaining good relationships with employees will help create a good reputation. Offering your staff good benefits and salaries as well as treating them fairly with respect will encourage them to speak highly of the company.Good news travels fast which will attract potential employees to the organisation, however, if you don’t look after your employees you will find it hard to gain their respect which could resu lt in loosing staff. The recruitment methods a company use can determine who they attract when recruiting. There are many things to consider when deciding which methods to use; we must look at the costs of different methods. Advertising can be very expensive, magazines especially. For a black and white quarter page advert a company can look to pay as much as ? ,100 and up to ? 7,650 for half a page. This can also affect an organisations approach to recruitment and selection; as advertising is very costly most companies will be limited to where they can advertise a vacancy which may not attract the appropriate candidate. Recruitment Methods Email: Recruiting through email can be an effective way to recruit internally as everyone within the organisation has access to it; however, there are chances that some employees may not pick their emails up in time to apply for the position.It could also cause conflict if only certain people are sent the email encouraging them to apply for the va cancy and others within the company aren’t. Notice boards are also used to advertise vacancies internally; there are advantages to these as everyone can see them. Most people will take a look if something new is put up; the advert will have to be bright and bold to attract attention. Notice boards don’t always attract the appropriate candidate and employers can find that most of their applicants are unsuitable for the position.A successful way of recruiting internally would be through talent planning/management; this way the employee has the chance to learn all aspects of the business at different levels while progressing. Methods of external recruitment can be through recruitment agencies; a variety of different external agencies can be employed to undertake some part of the recruitment process on behalf of employers. The good thing about using agencies is that they do all the work for you.They will advertise the vacancy as well carry out a short interview with any ca ndidates to identify if they are suitable to apply. The only downside to using this method is the cost; some private agencies will charge a fee. Some companies may also use the job centre as a method of recruitment; however, some employers are reluctant to use them despite the fact that unlike recruitment agencies they offer free advertising. This is partly because the clientele is mainly comprised of unemployed people, who are perceived to be unskilled or low skilled and therefore inappropriate for many jobs.The recruitment function of an organisation is affected and governed by a mix of various internal and external forces. The internal are the factors that can be controlled by the organisation, whereas the external factors cannot. Examples of internal factors would be: * Recruitment policy * Size of the firm * Cost of recruitment * Growth and expansion Examples of external would be: * Supply and demand * Labour market * Unemployment rate * CompetitorsOther factors that will affec t an organisations approach to recruitment and selection can be the effectiveness of the interview; most interviews will be made up of a panel of interviewers from specific departments of the organisation, it is important to ensure that all panel members are trained in interview techniques. You should make sure you carry out thorough preparation and know the candidate’s background while asking competency based questions linked to the person specification. Allowing sufficient time for the interview is very important and always gives the candidate chance to ask any questions.References can affect the approach to recruitment and selection; Stephen Taylor says â€Å"Like interviews and application forms, it is very widely used but has been found to be of limited value by researchers. As a predictor of job performance it has low validity and has often been found to contain more information about its author than about its subject† (Resourcing and Talent Management, Stephen T aylor. P242) a great deal of time and effort is put in by some employers to chase up references to find that they have little practical value.It is very rare that negative or semi-negative references are made; however, most employers now have a policy of only providing factual information and make no comment about an individual’s suitability at all. The law have made it difficult for employers writing references to know for certain that what they will write will be confidential as unsuccessful candidates now have the right to ask for a copy of their references. Inductions The purpose of an induction is to ensure the effective integration of a new employee into the work place.As well as the usual orientation, a new starter needs to understand the business, where their role sits within the set up and what’s expected of them, as well as being quite clear regarding their terms and conditions of employment. A good induction programme should leave no room for confusion or la ck of understanding and should, therefore, induce a feeling of â€Å"belonging†. The employee should then integrate well into the team, have high morale, achieve optimum productivity and therefore be able to work to full potential. In other words- job satisfaction.For the employee it means that all bases are covered and their trained and introduced properly. It also means that all employees receive the same, consistent experience when joining. It ensures that they aware of the company policies and procedures as well as the company ways of working and vision. â€Å"The main reason is that new employees who have undergone an effective induction programme are likely to be competent performers at their jobs more quickly than those whose induction was scanty or non- existent. † (Malcolm Martin and Patricia Jackson, 4th Edition.P110) â€Å"Also, the former group are less likely to leave the organisation at an early stage than the latter group (this phenomenon is commonly kn own as the ‘induction crisis’ and signifies a dissatisfaction with the job or the organisation or both). (Malcolm Martin and Patricia Jackson, 4th Edition. P110) There are certain subjects that should be covered during the induction; employees need to be informed of the organisations products, services, markets and values, terms and conditions of employment for example; pay, hours of work, holidays and sick pay and pension schemes.During the induction employees will be made aware of the physical layout of the organisation along with their rules and procedures, they will also be told of the background and structure. These subjects will put across using different training methods. On the job training will include: * Demonstration/ Instruction- This is showing the trainee how to do the job. * Coaching- This is a more intense method of training that involves a close working relationship between an experienced employee and trainee. Job rotations- This is where the trainee is given several jobs in succession, to gain experience of a wide range of activities (eg. A graduate management trainee might spend periods in several different departments). * Projects- Employees join a project team- This gives them exposure to other parts of the business and allows them to take part in new activities. Advantages of on the job training are that it’s most cost effective as there are no external training courses to pay for and employees don’t need to be given a day release to attend them.It also means new employees are training alongside real colleagues so get an actual feel for how their working day will run. There are disadvantages however to on the job training; employees may pick up bad habits from those who have been with the company for a long time there is also the potential for disruption to production. The learning environment might not be conductive when carrying out on the job training. Off the job training will include: * Distant learning * D ay release * Self-study * Block release course- This may involve several weeks at college.Advantages of off the job training are that a wider range of skills and qualifications can be obtained, employees can learn from outside specialists and experts. It could also mean that employees can be more confident when starting the job. Disadvantages are that it is more experience; companies may need to pay for not only the training course but also for transport and accommodation depending on the location. It could mean lost working time and potential output; once they start the job they may need some further induction training. A big disadvantage to external training courses is the timescales in which they are done.You may book an employee onto a course but will have to wait a couple of weeks for them to attend; this will prevent them from their starting their role. People who will take part in an induction would usually be managers, HR professionals and any trainers depending on the posit ion. Inductions don’t need to be a very formal process but it needs to be properly managed. ACAS run practical training courses to equip managers and HR professionals with the necessary skills to deal with employment relation issues and to create a more productive work place environments.

Puppu

You know I have been wanting a puppy for almost a year now!!! I have been working my butt off to try and earn one, I have tried everything but you wont budge I Just don't know what I need to do. Whenever mom is gone I'm the one that takes care of the pets and I am responsible and you both know it I put a lot of effort into things I love. For example, I am doing a lot better in soccer now that I love it, and eating food and a lot more. I know puppies are a lot of work especially since we already have a dog. When I have to get up in the middle of the night to take it out to go potty.I know u think I wont do that cause I never get up for school, but I don't enjoy school that much so why would you want to interrupt your sleeping to do something that you don't LOVE I mea school Is k I always get up right away when we have to leave should be able to get one The dog will help me to be more responsible The dog can be a companion for the whole family Taking the dog on walks will give me more exercise and be able to get outdoors more Dogs are therapeutic, especially during sad or lonely times. A dog is a friend that will always be there to cheer you up.And I know our family needs that a lot when you guys yell or I do something wrong They are Like people who understand what you're saying and they know when Just to lick you and lay down right next to you and Just sit there and let you pet them until you feel better. I will clean up after It and teach It tricks and train it I wont be on my phone or watching T. V. Or on the computer because I will be busy with the dog I would stop nagging on you and arguing with you I will try and pay for it Now that we are moving we have a backyard with a fence and I still remember to this ay that you said that â€Å"once we get a fence you can have another dog'.The fence will keep him and we can easily watch it while it runs around and plays and goes potty. I did some research and this is what I learned. The Golden Retrievers' intelligenc e makes them versatile, allowing them to fill a variety of roles, Including gulled dog for the blind, hearing dog for the deaf, hunting dog,illegal drug detector, and search and rescue participant. Because of their loyal and gentle temperament, Golden Retrievers are also popular family pets. Golden Retrievers possess friendly, eager-to-pleaseUnited States, the fifth most popular in Australia and the eighth most popular in the United Kingdom The temperament of the Golden Retriever is a hallmark of the breed, and is described in the standard as â€Å"kindly, friendly and confident†. Golden Retrievers make good family pets, particularly as they are patient with children. They are not â€Å"one man dogs† and are generally equally amiable with both strangers and those familiar to them. Their trusting, gentle disposition makes them a poor guard dog.Any form of unprovoked aggression or hostility towards either people, dogs or there animals, whether in the show ring or communi ty, is considered unacceptable in a Golden Retriever and is not in keeping with the character of the breed. Nor should a Golden Retriever be unduly timid or nervous. The typical Golden Retriever is calm, naturally intelligent and biddable, with an exceptional eagerness to please. One of the brightest dogs ranked by obedience-command tractability. ) Other characteristics related to their hunting heritage are a size suited for scrambling in and out of boats and an inordinate love for water. Golden Retrievers are exceptionally trainable?due to their intelligence, athleticism and desire to please their handlers?and excel in obedience trials. They are also very competitive in agility and other performance events. Harsh training methods are unnecessary, as Golden Retrievers often respond very well to positive and upbeat training styles. Golden Retrievers require regular grooming and an occasional bath.They should be groomed at least once a week, and every day during heavy shedding. They s hould be bathed every two months. Their coats shed somewhat during the year, but are known to heed profusely twice a year. They also need to have their ears cleaned regularly, or ear infections might occur. While shedding is unavoidable, frequent grooming (daily to weekly) lessens the amount of hair shed by the animal. Severe shedding resulting in bald patches can be indicative of stress or sickness in a Golden Retriever.That was my research but I did a lot more ask me any question and I will answer it correctly. Now that we are moving into this new house there is more room for two dogs. I know taking care of a puppy is a lot of responsibility but I need that challenge. I have been reading a lot about how to train and how to potty train your new puppy I have read books and researched it too and I know it will poop and pee on the carpet but I will potty train it, heck it might even come potty trained but I am dead set on getting a golden retriever I will do anything.This dog will be mine, my responsibility mine to train, feed ,give it love,take for walks,provide and care for. I need something a pet pr Just something like this dog that will love me for what I am and when I am in trouble or did something very wrong, have a bad day at school and need it to love me hen I'm sad. Maybe my puppy will be the glue for all the broken pieces in our family , it will mend the family back into one like it used to be.I know we are in the process of moving right now and I would be able to take care of it AND actually help move pack everything up help organize do chores outside WITHOUT arguing or sassing back or being disrespectful and doing everything the first time you guys ask. If I really want something I can have the right mind set and I can get it done. I know you both feel you will end up having to take care of it but I will take care of it f my own to call it mine and have my puppy love me a lot. I have found a couple people that we can get them from in our price range. It would really mean a lot to me if I got one I will trade my phone, pad and T. V. In for a puppy I will never let you guys down and I will never not care for it. 🙂 All I want is a puppy a golden retriever puppy to call my own. I know they don't stay puppies forever, they will grow up to become dogs and I promise always to take care of it. I will sleep on the floor with only a blanket for the rest of the I live here. Every mourning I will wake up take it out to go to he bathroom brush it give it exercise and go to school come home and take it out for a walk do my homework then play with it more.I know I will need both of you guys help to take it out to go to the bathroom when at school and that does take a lot, but know that school is almost over I will have all summer to train it and keep it company and do everything. I know right now isn't the time to ask for a puppy but I have good grades but I have been very disrespectful and mean and Just not a good child and you guys probably feel like you shouldn't do anything for me right now which is exactly how you should feel but think of the good things I have AR points good grades am doing good in soccer and have been VERY responsible.I will do anything for this puppy I really will and it would mean everything to me it would show how much you love me and care and have confidence in me. I have showed that I am responsible with dogs when I fostered Rocco and Rudy and I tried very hard to do everything I could for them. Thank you very much for reading this I really hope you know how much this means to me truly and I love you. 🙂

Behaviouralism Essay Example | Topics and Well Written Essays - 3000 words

Behaviouralism - Essay Example All throughout its short history, behaviouralism and the definitions appended to it had always caused disagreements and confusion. Waldo for instance, stated that the even the concept itself emerged as confounding and vague.2 Easton admitted that those who endeavoured to define the idea only strove to bestow it his own personal definition3 and concluded that it was useless to classify behaviouralism using a definite categorization system4. A similar warning has been put forth by David Truman who argued that those who generalise the definition of behaviouralism commit blunders, as the concept was a rebellion against orthodox methodologies utilised in the study of politics.5 This is the difficulty in interpreting the meaning of behaviouralism, since authorities, to whom we can always base our interpretations, on this concept abound.6 The confusion brought about by the definition or the lack of it, led many to contend that behaviouralism did not seem to exist, at all. ... dedness'.7 The term itself became more associated with various scholars, majority of them Americans, who showed disappointment on the achievements of orthodox political science, which based its study on history, philosophy and the 'descriptive-institutional approach'.8 These 'rebels' in the field asserted that other approach could either subsist or could be advanced in order to assist political science in providing it empirical methodology and systematic theories which would employ close, direct and 'rigorously controlled observations of political events'.9 At this time, the concept of political behaviour became more familiar after Charles E. Merriam initiated the call for research in this field. The call also included those involved in the study of political behaviour referred to as 'behaviouralists' although there were those who were more comfortable being labelled with the expression 'behaviourist'.10 However, David Easton insisted that it was significant to discriminate the 'beha viouralists' from the 'behaviourists'.11 The development of the concept spread more rapidly near the end of the 1940's and the start of the 50's, its period of rapid emergence and propagation. American political scientists of the era began to draw their theories and thoughts on these experiences. 12 Writings and literature on the subject continued to appear in the first half of the 20th century.13 In his book, Dwight Waldo first used the word 'behaviouralism' in the introductory text but there existed a few who used it much earlier. Scholars and political scientists began to use the expression more widely after 1956.14 However, the concept became more popular as more works appeared in that era in which the term 'behaviouralism' was mentioned in various publications. Critics against

Brain based learning Assignment Example | Topics and Well Written Essays - 250 words

Brain based learning - Assignment Example It has also been found that the learning process of a person is dependent on the brain’s capacity to handle a variety of activities in one go (Zadina, 2014). Additionally, research on the brain-based learning explains that the same type of information is likely to be stored in various parts of the brain (Jensen E. P., 2008). As such, the brain-based learning depends on the emotional state of the learner during the learning process, which can be facilitated by factors such as diet, stress and exercise among other conditions. For this, it is evident that the use of brain-based learning technique highly enhances the learning process of the students (Politano & Paquin, 2000, p. 123). In regard to the confidence, brain-based learning has been found to be efficient in reducing anxiety in learners who are struggling with activities such as reading, pronunciation or any other learning-related activities (Sprenger, 2010). As such, tutors can use this technique to seek the right opportunities that can be used to emphasize the ability of the learner towards the achievement of the brain that they would want. Brain-based learning may also employ various techniques such as the inclusion of music and activities, which have been shown (Connell, 2005) to minimize stress, a killer of confidence in

Week 4 Discussion Questions Essay Example | Topics and Well Written Essays - 500 words - 3

Week 4 Discussion Questions - Essay Example Leadership is an important element in strategy implementation because it provides the vision, the direction, and the emotional impetus to achieve tactical goals. Without it, strategy is naught. An example of a CEO’s key role in strategy implementation may be represented in the case of Cofidis headed by Michel Guillois. When Cofidis was facing stiff competition from web based companies, Michel Guillois guided it through the transition from a primarily direct marketing business to a broad range web marketed enterprise. Furthermore, Michel Guillois leadership style helped negotiate the issues presented in the tactical implementation of the strategy by competitors, cross-culturalism, and unpaid accounts. Thus, leadership is an important element of strategy implementation. Next, under what conditions would it be more appropriate to fill a key management position with someone from outside the firm when a qualified insider is available? There are at least two situations in which this may be appropriate. The first is when all the qualified people in house are needed elsewhere. For example, say Cofidis has the skills to implement a new website full of all of the features necessary to address the current tactical challenges, but those managers skilled in web development are engaged in a data migration project. It might be more feasible for Cofidis to hire from outside than to divert resources in house. Another example is when hiring from outside ads additional benefits. Say where Cofidis is engaging increasingly in web marketing, it may be more cost effective to hire an advertising manager than to have an information systems professional do double duty. Furthermore, it may bring added insights and innovations of the new blood. These are just two of many po ssible reasons a company may want to hire management from the outside even if the skills are present in house. Last, what has gone well and not so well so far in this class? What areas do we

How I Prepare to take a Test Essay Example | Topics and Well Written Essays - 500 words

How I Prepare to take a Test - Essay Example After that, I compare with my notes and the class textbook contents. In the case of any mistakes or omissions, I rectify and transfer the new content to another blank notebook. Here, I also arrange the content according to topics or subtopics with clearly-labeled headings. In addition, I write personal clues on how to interpret the material alongside the content.Finally, I study actively at least one week before the real test. At this stage, I rely mostly on the major concepts I had written the previous week. Here, I read a number of before doing personal evaluation. Next, I evaluate myself by trying to analyze how much I can remember. I do it by writing brief content, mostly short phrases, which provide me with clues of the required content. Since most tests require the understanding of facts rather than memorization of content, I usually go through revision questions at the end of every chapter. In addition, I go through the test questions that have been done by previous groups of learners.Improving My Test-Taking PreparationsThe major challenge I experience while preparing for a test is time. I start my preparations at least three weeks early. Since it is difficult to master all the content within a short period, the three-week strategy affects my performances on some tests. However, if I start preparing earlier than that, I can improve my performance. In this case, if I focus on mastering the content right after every lesson, I can reduce my workload. In most cases, I skip some content because of limited time.

VAP research design Paper Example | Topics and Well Written Essays - 250 words

VAP design - Research Paper Example The control group did not receive VAP bundle, which is an education intervention program on VAP definition, etiology and VAP preventative strategies, while the experimental group received the VAP bundle education program. Despite this, the two will be very useful in carrying the research due to the complementing strengths. Effective integration of various research designs is necessary to ensure that best results are realized. According to Polit &Beck (2009), RCT considers the strongest design for controlling both internal and external threat. Therefore, since RCT produces the strongest evidence for cause and effect, it will be assigned to either control or experimental groups. In this case, it will effectively examine the effect of staff training program on compliance to the VAP bundle. In carrying out the research, data on compliance with the VAP bundle will be collected in every quartile, using a checklist or an audit form. In addition, data on VAP incidence will be collected repeatedly at given time intervals: every quartile and once in every three months. The data collected will be very useful in data analysis and evaluation, so that the conclusion can be

Case Study #2 Example | Topics and Well Written Essays - 1250 words

#2 - Case Study Example Gasoline is most commonly used as a fuel in vehicles which makes it one of the most important commodities in human life today. One of the characteristics of a necessary item is that its price should stay within the affordable limits of the general public, so that they are not deprived from its usage under any circumstances. But, gasoline price is found not to adhere to this rule and had often been subjected to wide variations, a consequence of similar variations in oil prices. The impact of such price movements is more intensely felt in the Western economies where almost every household owns a car. The following diagram is evidence of the wide fluctuations in gasoline prices in USA over five years (2004-2008). In fact, the mean and standard deviations of the gasoline prices, which are 251.38 (cents per gallon) and 62.15, over the five year span being considered, are also evident of wide variations in the same. The present study tries to investigate the causes and effects of wide fluctuations in gasoline prices in context of the US economy. USA being one of the highest GDP earning nation in the world and also the one with the highest per capita income, is a good ground for the study since oil has become more like a mode of daily life for the Americans. Hence, any fluctuations in the price level of the same, will have a widespread impact on the lifestyle of the nationals. The research outcome will help the residents of the country to get more aware of the possible impact of a rising oil price and thus they will be in a position to anticipate beforehand how they might be affected when subjected to such price fluctuations, and thus shield themselves accordingly. The fluctuations in oil prices and hence that of gasoline could be owed to a large proportion of oil being produced in the Middle East nations which, having formed an organization in themselves (OPEC) enjoy almost a monopoly power over the price movements of the

Is gambling a moral issue Essay Example | Topics and Well Written Essays - 1250 words

Is gambling a moral issue - Essay Example Although some of these arguments may be correct, gambling is more of a moral issue because it results in people’s suffering while others thrive. According to Fitzgerald there is no point in considering gambling and casinos as an economically viable industry. No doubt it adds to the pocket of a few and also contributes to the governments revenue box, yet considering the social maladies casinos and gambling are responsible for; it is more of a curse than blessing. Furthermore a healthy society can thrive amidst healthy individuals. Here health does not only refer to physical health but also the psychological one. Gambling results in erratic behavior through a complex neurochemical reaction that is far from being healthy and therefore according to Fitzgerald should be abstained from. Last but not the least the writer has also criticized gambling and casinos for spreading pollution and congestion in weekends through the rush of gamblers in peaceful localities where casinos are loc ated. Fitzgerald states at first that gambling although illegal in the state of California, in recent time permission has been extended to some Indian tribes. Might be placed in a light note but according to him since from historical times the Indians have been exploited by the other Americans the state now want to compensate them by conferring right of exploiting the others. United States of America as a uniform country must follow the same law for all and the logic that the writer has presented in legalizing gambling is no short of disgracing the goodwill of the government and the equality doctrine of the constitution. Without any grain of doubt the writer is against legalizing gambling but his arguments against such legalization are all driven on materialistic grounds. Fitzgerald has referred that gambling can never be considered as an economic boost owing to the $2 net loss it imposes on the government for each dollar earned as revenue. Another economic argument placed by the wr iter is the doubling of bankruptcy rate in countries with casinos in compare to those without them. The writer carefully states statistics to act as a psychologist while judging the compulsion of a gambler to spend more than he can afford. The statistics according to Fitzgerald in favor of such compulsion is quite high at 43%. Apart from economic and psychological reasons another aspect that Fitzgerald has referred to is the environmental aspect of gambling or casinos. The economic aspect that Fitzgerald has cited against gambling holds quite a ground. However quantifying the qualitative variables and indicators often stirs much debate. Owing to this fact it is hard to tell that whether the exact number that the writer has cited as a burden on revenue owing to gambling is appropriate. Another study amidst a different surrounding might have yielded a different result. Furthermore the modern day economics is a social science and much more beyond monetary value exists in a society that economic consideration must take into account. The psychological cost that gambling imposes on an individual in terms of erratic behavior and addiction might well receive a counter attack from those who support gambling and considers it as a means to joy. Gambling is based upon probability and neither the cost of loosing nor the profit from winning is assured. A

Personal Statement Example | Topics and Well Written Essays - 500 words - 45

Personal Statement Example As an experienced class lecturer, I know that my students have a tendency to go a few steps ahead of me in terms of their computer know-how since they are allowed the freedom to experiment with the technology and see where it goes. In order for me to ensure that I will always have the upper hand during class lectures, and also be in a better position for tenureship at the university, I need to beef up my educational resume and gain knowledge and information that my students have yet to come across or conceptualize in their minds. It is my duty and responsibility to ensure that I present the most current knowledge and trends in computing and informatics to them in a manner that they can easily absorb. I will admit that I also have a personal reason for wishing to complete a Phd, that of becoming a published professor in the future who will leave a definite impact upon the research being done in this particular field. Currently, I am on track in pursuit of my goal of becoming an Assistant Professor at SEU. However, I cannot fully achieve that goal without a PhD degree. I hope to be able to fast track my career plans after completing this degree and assisting or developing research that will help to shape the future of computing and informatics particularly in terms of its ability to help shape the future of my country. As a recipeient of a Saudi government scholarship grant, I feel privileged to have the opportunity to pursue my research plans in the field of Human Computer Interaction. This is a field of computer study that has a tremendous amount of professional growth potential in my country in terms of career advancement. I plan to get in on the ground floor and ride the trend all the way to the top. Becoming one of the most notable experts in this field in my country. It is because of my desire to actively pursue this research that I have chosen to apply for

Privacy And Security Concerns Regarding Health Information Essay Example for Free

Privacy And Security Concerns Regarding Health Information Essay Case 4.8 – E-mail Goes Astray Primarily, the technician is the one responsible for the breach in confidentiality because he was the one who sent out the e-mails. Moreover, he did not seek instructions from Kaiser Permanente regarding the backlogged e-mails. Kaiser Permanente hired the technician to upgrade their system. Therefore, tasks other than doing upgrades should be consulted to the company. The technician should have asked whether the accumulated e-mails in the system should be sent out, and he should have asked what to do with them. However, Kaiser Permanente is partly responsible for the breach, because first and foremost, since they hold millions of private information, they should have made sure that that information would not be compromised. They should have made their system secure and only accessible to Kaiser Permanente personnel. Yes, situations like this discourage subscribers in using the system of Kaiser Permanente. However, the services that Kaiser Permanente offer is of great value and subscribers will not easily discontinue their subscription. But Kaiser Permanente has to ensure their subscribers that this will not happen in the future by informing them what caused the breach and reassuring them that upgrades are being done to improve the security of the system and the privacy of their information. The most important thing to do here is to be honest and at the same time make great efforts to secure the system of the company. Case 4.17 – Patient’s Files Used for Obscene Calls Definitely, background checks should be conducted before hiring new employees because this would ensure the safety of the clients, especially in the health care industry. Employers should be granted access to criminal records for them to be able to identify the extent of the crime that ex-convicts have committed. Cases such as child rape and indecent assault is a serious crime that should not be disregarded when hiring employees, especially when the job requires dealing with other people, children, etc. such as in the health care institution. Former employees who are given access to system information that are confidential, such as passwords, etc. should be screened out from the system. In other words, once an employee is not connected with the institution anymore, his access to the system should be deleted or reset. In this case, the system of the health care institution is at fault because it failed to keep the information confidential and secure. In this case, the hospital is accountable for the actions of the technician. Primarily because they hired an employee without doing background checks, they do not monitor the system, wherein they could have detected that calls were being made and the information of the clients were being accessed, and the system is not 100 % secure. Case 4.44 – University Tightens Computer Security Because of the wide range of subscribers in university medical centers information systems, it becomes vulnerable to hackers. In this case, they hacked into the system and used it to send hundreds of advertisements in their e-mails. The hackers wanted to target the significant number of subscribers in the system. However, the information within the system is not precisely the target of the breach. It is not entirely the medical center’s fault. This is because hackers do what they do. They find ways to get into the system even if security measures were set-up to avoid breaching the security of an information system. Therefore, even if the system is secure, hackers will really find a way to get into the system. The medical center’s fault was that they were not able to detect that the system was being hacked. They should have upgrades in the system, which will be used in monitoring the system and alarming when hackers breach the system.

Sources of finance for British Airways

Sources of finance for British Airways British Airways Plc is an international schedule airline. The main activities of British Airways Plc are the operation of international and domestic scheduled air services for the carriage of the passengers, freight and mail and the provision of ancillary services. The Companys principal place of business is London with presence at Heathrow, Gatwick and London City airport. The Company also operates a worldwide air cargo services. The Company flies more than 300 destinations worldwide. The Company supports the United Kingdom economy by providing vital leisure travel for holidays and family reunion. Outcome 1: Sources of Finance: Lack of cash is one of the biggest problems facing a business. Business would not be able to survive without cash. There are various sources of finance to activate the company. Different sources of finance apply to different circumstances. Funds are available from internal as well as external sources of finance. But each source has some advantages and disadvantages. Figure: 1 Internal sources Internal sources of finance usually have the advantage that they are flexible. They may also be obtained quickly and need not require the compliance of the other parties. Retained Profit: According to Gitman (2008)The accumulated net income that has been retained for reinvestment in the business rather than paid out in the dividends to stock holders. The amount of profit which left in the business after paying tax and distribution to stock holders that is retained profit. This money can be used for the expansion or investment of the business. When a company makes profit it does not spend it, it keeps it to use for company development or the owner can think to keep it for any future difficulties. BA had been making lots of profit for long time, it did not spend all the profits. BA has lots of Retained profit which it can use now as the company is not doing well at present. Sale of New Shares: New shares or ordinary shares form the backbone of the financial structure of a business. When BA needs fund then BA can sell their shares to the public. To sell new shares BA needs the services of agency, normally Merchant Bank. There are some problems with this source of finance like the existing shareholders might object to sale the shares to the outsiders. Right Issues: According to Atrill (2008) New stock (share) issue offered to existing stockholders (shareholders) in promotion to their current stock/shareholding, for a specific period and at a specified (usually discounted) price. Rather than taking debt, BA can ask its existing shareholders to buy some new shares to provide extra capital. This type of issue gives the shareholders the right to purchase new shares at a discount price to the market and give the existing shareholders the opportunity to increase their stock. When the companies are in trouble, especially when the companies are unable to borrow more money they usually use right issue to pay the debt. But there are some problems of right issue, such as -the value of share will be deducted so that the numbers of share can be increased. Secondly it is not certain that shareholders always getting a bargain as there is no opportunity to compare the market value. External Sources: Leasing: Leasing is like renting a piece of equipment or machinery. The business pays a regular amount for a period of time, but the item belongs to the leasing company. Leasing is cheaper than buying equipment but it is good for the short term. It also useful when the technology changes very quickly, so that it can be regularly updated and replaced. It also makes the cash flow management easy because the payment is done regularly. There are some disadvantages of leasing; it becomes very expensive for the long term because the leasing company charge fees which makes the total cost of the company greater than the original cost. Hire purchase: Business hires machineries or equipments for a period of time for which the company makes some fixed regular payments. When the fixed payment is finished the company becomes the owner of that equipment or machinery. The difference between the hire purchase and leasing is that in case of hire purchase after finishing the fixed payment the company becomes the owner of the equipment but in case of leasing the company never becomes owner, Burton and Brown (2009). Preference Share: Preference shares offer investor a lower risk than ordinary shares, provided there are sufficient profit available. Preference shares normally give a fixed rate of dividend each year and when there is any payment of dividend then the preference shareholders will be paid first. Recommendations: The most appropriate source of finance to fund the expansion and other operating activities of British Airways Plc depends on whether it is for short-term or long-term, and also on the cost and speed of arranging the finance. The internal sources of finance can be obtained quickly particularly from working capital source- and need not require the compliance of other parties, so for example, if British Airways needs to arrange fund within sort time then internal sources are appropriate, if the company needs funds for short term then the bank overdraft or loans are appropriate. However it is advisable that the company should always think about a mixture of sources. Outcome 2 Investment appraisal: One of the most important long-term decisions for any business relates to investment. According to Ennew and Waite (2007) Investment is the purchase or creation of assets with the objective of making gain in the future. Typically investment involves using financial sources to purchase machine/building or other assets for the purpose of getting returns over a period of time. The six stages of investment appraisal: Figure: 1 Project identification: British Airways need to find new opportunities for investment, generating ideas for new business development to survive and to grow the company wider. Screening for strategic fit: A lot of project could create value for a company but not for other. For selecting a particular project British airways must have to be aware of whether they need more capital and whether they have experience and skill for service Analysing in detail the implication of accepting the project: British Airways need to concern about the incriminated cash flows that could be generated by the project. For this process they need to consider the capital assets, cost, time, scale of operation and so on. Project evaluation: For this process British airways need to calculate various number of appraisal from the cash flows forecasts. Accept/ reject decision: Sometimes British airways take decision in the first stage then evaluate the project, otherwise after evaluation they decide whether to accept or reject the project. Ex-post decision review: British airways should draw lessons from the project that goes wrong and the project that goes right. Common appraisal measures which are used in British airways are as follows: Payback Period (PP) Average Rate of Return (ARR) Net Present Value (NPV) Internal Rate of Return (IRR) Payback Period: According to Gitman (2008) Literally Payback is the amount of time required for the cash inflows from a capital investment in a project to equal the cash outflows. Payback periods are commonly used to estimate proposed investment and often used as an initial screening method. Payback period = Initial payment / annual cash flow So, if  £500 m is invested with the aim of earning  £700 m per year (net cash earnings), the payback period is calculated thus: P =  £500 m = 5years The shorter the payback period the better the investment. If there are two or more competing projects that are both shorter than the maximum payback period requirement then the decision maker should select the project with shorter payback period. Because using that project managers can recoup their cost within short time. Payback is perhaps the simplest method of looking at one or more investment project or ideas. Payback is popular because it is simply understandable and easy to calculate Payback uses cash flow not the profit and therefore it is difficult to manipulate. Average Rate of Return (ARR): According to Glautier (2001) The rate of earning obtained on the average capital investment over the life of a capital project; computed as average annual profits divided by average investment; not based on case flow. The average rate of return expresses the profits arising from a project as a percentage of the initial capital cost. The ARR method takes the average accounting profit; the investment will generate and expresses it as a percentage of the average investment met over the life of the process. Average annual profit ARR = ÃÆ'- 100 Average investment For example, British airways invested  £25m and expected to generate total revenues of  £50m for 5 years over the project. So  £50m à · 5 ARR = ÃÆ'- 100  £25 ARR = 40% Like payback method, ARR is also simple to understand and easy to calculate. There is also a link with some accounting measure that is commonly used. The Average Rate of Return is similar to the return of capital Employed in its construction; this may make the ARR easier for business planners to understand. The ARR is expressed in percentage terms and this also the manager easy to use. The ARR doesnt take into account of the project duration or the timing of cash flows over the course of the project. The concept of profit is very subjective and there is variation in accounting practice thats why ARR calculation would likely be different for identical project. The Internal Rate of Return (IRR): According to Shapiro (2003) The IRR is the annual percentage return achieved by a project, at which the sum of discounted cash flows over the life of the project is equal to the sum of the capital invested. Another way is that the IRR is the rate of interest that reduces the NPV to zero. Net Present Value (NPV): According to Dunn and Kilgour (2009) The Net Present Value (NPV) is an investment (project) is the difference between the sums of the discounted cash flows which are expected from the investment and the amount which is initially invested. It is the first traditional valuation method used in the Discounted Cash Flow (DCF) measurement methodology. NPV is calculated by using a discount rate equivalent to the interest which would be received, or interest to be paid by the firm. Rt NPV = (1+i)t Here, Rt = net cash Flow i = interest rate t = time NPV technique is mostly used by the managers because it is very easy to calculate. When the NPV is positive it means the project is worthwhile. So if there are more than one appraisal then the project should be selected which produces the highest NPV. But the biggest problem for NPV is that a project may have more than one IRR, if the company adopt IRR similar project and invest based on previous IRR which may not be appropriate. Outcome 3: Performance analysis for British Airways: After completing the proposed investment project it is the time to evaluate the performance analysis of British Airways: Figure:1 Non-financial: Balanced score-card: According to Norton and Kaplan (2009) The balance scorecard is a strategic and management system that is used extensively in business industry, government and non-profit organizations worldwide to align business activities to the vision and strategy of the organization, improve internal and external communications and monitor or organize performance against strategic goals. The balanced scorecard has evolved from its early use as simple performance measurement framework to a full strategic planning and management system. 12manage.com Financial Ratio analysis: British Airways produces annual and monthly financial statements to comply with record keeping requirement of the company. According to Gitman (2008) Financial ratio analysis and balanced sheet analysis ids incorporate in the financial scorecard tool, to provide a unique picture of a companys financial position 12manage.com Profitability ratio: The Profitability ratio is used to check that the company is generating an acceptable return for its owners. Gross profit margin: Gross profit represents the difference between sales value and the cost of the sales. Therefore it is a measure of profitability in buying and selling goods. Net profit margin: The net profit ratio represents the profit from trading operation before any cost of servicing long term finances are taken into account. ROCE: ROCE is considered to be a primary measure of profitability. It compares inputs (capital invested) with outputs (profit). Profitability of British Airways is growing every year that means the company is doing well and the profitability is better than Rayne Air in 2008. Liquidity Ratio: It is important for a business to be profitable, but profit is not sufficient on its own to guarantee survival. There must be sufficient liquid assets available to be forced into liquidation. Current Ratio: The current ratio is a measure of companys ability to meet its short time debts. This is important because the company could run out of cash and can be forced into liquidation even if it was making profit. Quick Assets Ratio (Acid Test Ratio): This ratio concentrates on those current assets which are immediately available to pay the creditors as and when they fall due. Total current assets are more than liabilities for British Airways in every year that means company doing well in compare to Rayne Air British Air is in better position. Efficiency Ratio: The efficiency Ratio gives an insight into the effectiveness of the companys management of the components of working capital. In year 2006 British Airways received payment within 30 days but the company made payment within 34 days, which is good for the company because the company made payment 4 days after receiving payment, other years also same situation. This is also comparatively better than Rayne Air.

Analysis of the Precautionary Principle

Analysis of the Precautionary Principle Introduction The planet earth is presently being dominated by the human species. It is the wish and whim of the human beings that decides the fate of other life forms on the planet. The existence of life on earth, as we all know, presupposes balanced ecosystem and congenial environment. Though the human beings have established their superiority over other living creature they themselves are biologically very sensitive to the environmental changes and any minor deviation in the ecosystem is bound to affect them adversely. Human beings, having the basic animal instinct to protect themselves from the potential threats, have realised that their life is full of difficulties and risks. The urge to deal with the life threatening risks that they face has formed the basic condition of their survival. Owing to this the human race is constantly making sincere endeavour to make life more comfortable by minimising all possible threats to life. The advances in the field of science and technology have blessed us with many gadgets and devices that not only ease some hardship of life but are capable of avoiding or diminishing some most threatening risks of nature. There cannot be two views regarding beneficial effects of technological and scientific developments – the life expectancy has gone up significantly in recent years and the quality and comfort of life is scaling new height day-by-day, many deceases and hardships of human life now belong to history. Today the ability of human beings, to transform the natural characteristics of the earth, has reached a level that is not only alarming but dangerous too. We must consider the fact that man has acquired this enormous power to alter the ecological balance on this planet only within a century, thus giving rise to genuine doubt how long the nature will be able to tolerate the excessive interference resulting out of human activities? The population of human beings has increased at an unprecedented pace in recent past causing undue pressures on the limited natural resources. Some of these resources are depleting at an alarming rate and is reason for worry as they have been created by the natural process over millions of years. One example could be depletion of the natural non-renewable energy resources like coal, petroleum etc. One must bear in mind that mother earth treats all its children alike and therefore, it will not be justified to deprive the present and future generations of the nature’s bounties. â€Å" 1 † All living species have an inborn instinct to insure their progeny and to make provision for the welfare of their descendants. It is expected, therefore, that Homo sapiens will take the leading role in saving the earth for their future generations. Earlier, environmental policies at the national as well as international level were based on the concept that nature has capacity to absorb the ill effects of pollution and environmental degradation to a certain extent but, once the shock bearing threshold is breached, the pollution and environmental degradation may cause damage to the environment calling for remedial efforts. This is known as the concept of ‘assimilative capacity’ of nature. This concept is based upon the notion that nature has self curative mechanism and needs no intervention unless the pollution and imbalance caused by human activities breaches the permissible level. If we adhere to this concept, the role of environmental protection agencies will begin only when this upper limit of damage bearing capacity of the environment is breached. In the quest for developing, faster then fastest, many nations have ignored this threshold limit of the environment while harnessing their natural resources, building industries, big dams and townships without making provisions for adequate compensation for the erosion and damage caused to the environment. In such a scenario, one cannot depend solely upon the earth’s self purifying and self curative capacities. Especially when, the earth is loaded with nuclear and toxic waste; forest cover is depleting faster than ever; global warming has started showing ill effects; the virgin peaks of Mount Everest and the uninhabited lands of North and South poles have become littered by man; water pollution in rivers and seas is destroying the life of aquatic creature; acid rain and smog has become more rampant, an effective proactive strategy coupled with effective measures to check further degradation of the environment is the cry of the day. Such strategy and measures assume greater importance in those cases where the adverse impact of any activity upon the environment cannot be ascertained and predicted with certainty. Should precaution be taken anticipating harmful impact on environment and thereby halt the developmental activities or leave it to the nature to repair the damage using its limited assimilative capacity is the question to be answered. The precautionary principle guides us in such tricky situations. Since 1970s, the precautionary principle has become the underlined rationale for a number of international environmental treaties and declarations. It is evident that international community has shifted from the ‘principle of assimilative capacity’ to the ‘precautionary principle’ ratifying the old saying that precaution is better than cure. Origin of the Principle It is difficult to identify with certainty the origin of the principle. â€Å"The precautionary concept found its way into international law and policy as a result of German proposals made to the International North Sea Ministerial Conferences†. In Germany the precautionary principle had its beginnings in the principle of Vorsorge, or foresight. At the centre of early notions of this principle was the understanding that society should endeavour to avoid environmental damage by careful planning in advance, blocking the harmful activities having the potential to adversely affect the environment. Eventually â€Å"the Vorsorgeprinzip (precautionary principle) developed in the early 1970s into a fundamental principle of German environmental law and has been invoked to justify the implementation of vigorous policies to tackle acid rain, global warming, and North Sea pollution. It has also led to the development of a strong environmental industry in that country†. The concept was first enunciated by the German Federal Government in 1976 using the following words:- Environmental policy is not fully accomplished by warding off imminent hazards and the elimination of damage, which has occurred. Precautionary environmental policy requires further more that natural resources are protected and demands on them made with care. Subsequently the precautionary principle was invoked in the year 1984 at the First International Conference on Protection of the North Sea. Following this conference, the principle has been integrated into numerous international conventions and agreements. The North Sea Treaties (Bremen, 1984; London, 1987; Hague 1990; Esbjerg, 1995) are some of the early examples of international treaties where the precautionary principle has had a very prominent position. III. Meaning and Nature The precautionary principle aims to provide guidance in the development and framing of policies where there is scientific uncertainty. It continues to generate disagreement as to its meaning, ambit and objectives, as reflected in the views of scholars and international judicial practice. â€Å"On the one hand, some consider that it provides the basis for early international legal action to address highly threatening environmental issues. On the other hand, its opponents have decried the potential which the principle has for over regulation and limiting human activity. The core of the principle is still evolving†. The scope of the precautionary principle goes beyond the problems associated with a short or medium term approach to environmental risks. It encompasses the concern of longer run as well and ensures well-being of future generations. A decision to take measures without waiting until all the necessary scientific knowledge is available is a precautionary approach. In its most elementary form, the precautionary principle is a strategy to cope with scientific uncertainties in the assessment and management of risks. It is about the wisdom of action under uncertainty. â€Å"The precautionary principle is often seen as an integral principle of sustainable development that is development that meets the needs of the present without compromising the abilities of future generations to meet their needs. By safeguarding against natural resource base that might jeopardize the capacity of future generations to provide for their own needs, it builds on ethical notions of intra-and inter-generational equity†. The formulation of the precautionary principle in precisely and clearly expressed form, at the international level, can be found in the London Declaration of the Second International North Sea Conference. The Declaration states- .. In order to protect the North Sea from possibly damaging effects of the most dangerous substance, a precautionary approach is necessary which may require action to control inputs of such substances even before a casual link has been established by absolute clear scientific evidence. The Rio Declaration, 1992 ensured the global attention towards the precautionary principle by stating – In order to protect the environment, the precautionary approach shall be widely applied by states according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to protect environmental degradation. The convention on Biological Diversity, 1992 and the Convention on Climate Change, 1992 of the Rio-Conference echo the same spirit of precaution – â€Å"lack of full scientific certainty should not be used as a reason for postponing cost-effective measures†. Hence, lack of scientific certainty is no reason to postpone action to avoid potentially serious or irreversible harm to the environment. At the basis of the precautionary principle is the element of anticipation, reflecting a requirement of effective environmental measures based upon actions which forms a long-term strategy. The wingspread statement on the precautionary principle has summarised four components of the principle that should guide its implementation – Action to prevent harm despite uncertainty. Shifting the burden of proof of proponents of a potentially harmful activity. Examination of a full range of alternatives to potentially harmful activities, including no action. Democratic decision making to ensure, inclusion of those affected. The communication from the European Communities (EU) on the precautionary principle demands the applicability of the principle and explains its scope in the following words:- Although the precautionary principle is not explicitly mentioned in the Treaty except in the environmental field, its scope, is far wider and covers those specific circumstances where scientific evidence is insufficient, inconclusive, or uncertain and there are indications through preliminary objective scientific evaluation that there are reasonable grounds for concern that the potentially dangerous effects on the environment, human, animal or plant health may be inconsistent with the chosen level of protection. It is clear from the aforesaid formulations of the principle that there is no uniform acceptable principle of precaution. London Declaration, 1987 uses qualifying language such as ‘may require action’ and ‘before†¦ absolutely clear†¦. Evidence’. Rio Declaration, 1992 also includes qualifying language such as ‘according to their capabilities’ and ‘†¦postponing cost-effective measures’. EU communication 2000 requires intervention to maintain the high level of protection chosen by the EU. â€Å"The triple negative notion is the definition in the Rio Declaration; the absence of rigorous proof of danger does not justify inaction is rather weak: it forces the consideration of precautionary intervention but does not require such intervention. The definition in the EU communication on the other hand does require intervention to maintain the high level of protection chosen by the EU†. Despite of the fact that various formulations of the precautionary principle have used different words one can easily draw several common points as key elements of the principle. The common understanding of contents of the principle may be summarised as under:- Precautionary principle is applicable in cases where scientific uncertainties exist about the harm that is likely to be suffered in future. Some form of scientific analysis of the potential threat is mandatory as mere speculation is not enough to trigger the principle. Unqualified possibility is sufficient enough to consider the application of the principle. Application of the principle is limited to those hazards that are unacceptable. The principle requires interventions before possible harm occurs. Interventions should be proportional to the chosen level of protection and the magnitude of possible harm. V. Precautionary Principle and International Law There can not be slightest of doubts regarding recognition and existence of the precautionary principle in the fields of contemporary national and international laws. Its outlines, however, are far from clear from a legal point of view. Essentially, the precautionary principle is an appeal to prudence addressed to policy makers. The principle does not offer a predetermined solution to every new problem raised by scientific uncertainty. On the contrary, the precautionary principle is a guiding principle that provides helpful criteria for determining the most reasonable course of action in confronting situations of potential environmental risk. Whether precautionary principle is a legally binding principle in customary international law and national law rather than a guiding principle only is a difficult question to answer. It is generally understood that declarations of principles are not traditional sources of international law and therefore, not binding for the member states of the organisation that adopted them. Such international texts do not have the same legal force as international treaties and conventions. Strictly speaking, declarations of principles are nothing more than ‘recommendations’, without binding force. Despite of this fact one cannot undermine the legal relevance of such declarations. Even though they are not considered as sources of international law, they are legitimately capable of generating norms. Declaration of principles, though not binding, can influence the elaboration, interpretation and application of international laws of member states of the international organisations that conceived or endorsed the declarations. One cannot underestimate the influence that general principles exert on legal formulation, be it in the international context or in the internal legislation and jurisprudence of countries. In spite of not being obligatory and binding, principles of law constitute important tools for the crystallization of new concepts and values. Article 38 of the Statute of the International Court of Justice provides that the International Court of Justice, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply amongst other the ‘general principles of law recognised by civilised nations’. Thus, the general principles of law are also sources of international law. Therefore, it seems incontestable that among the principles emanating from international declarations, the Precautionary Principle is legally relevant and cannot be disregarded, either by the countries in the international order, or by legislators, policy makers and courts in the domestic sphere. From the moment when the Precautionary Principle is recognised as an element of international law, it also becomes part of the general principles of environmental law, with undisputed legitimacy in guiding the interpretation and application of all legal norms in force. â€Å"The Precautionary Principle is frequently introduced in framework conventions. Although this strategy is widely used in international environmental law, it is merely a first step in elaborating more precise rules at the international level fleshing out that principle. Furthermore, in a number of international agreements, the Precautionary Principle† worded in such a way that it is deprived of immediate and autonomous applicability. Use of terms such as ‘form a basis for’, ‘in spite’, ‘endeavour’, etc. imply that the principle is merely intended to prepare states to implement their international obligations. Only the repeated use of state practice and consistent opinio juris are likely to transform precaution into a customary norm†. The Principle of precaution has found only limited judicial support so far in international law, this despite many commentators arguing that it has reached the status of a principles of customary international law. In the case of New Zealand v. France, the right of France to carryout nuclear tests in the South Pacific was challenged. The opinion of Weeramantry, J. in this case suggests that the Precautionary Principle is ‘gaining increasing support as part of the international law of the environment’. The principle should be used where there is insufficient material before the court to justify action, even if this means acting ahead of ‘full scientific evidence’. This opinion, however, was a dissent, and it is worth comparing a more, recent example where the Precautionary Principle has featured in international trade disputes. The US and Canada brought a dispute settlement case before the World Trade Organisation (WTO) against the EC, which in 1989 had banned the import of beef fed with growth hormones on the grounds that it was not safe for human health to eat such meat. The EC argued that its import ban was justified in the light of the Precautionary Principle, which is presented as a binding rule of international law. The USA and Canada denied that the principle already had such a status. The WTO found that the EC import ban violated WTO law, although the EC has continued to impose its ban and has been forced by the WTO to compensate Canada and the US for lost trade. VI. Status in India In India there are lots of environmental regulations, but most environmental regulations, like the Water (Protection and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 are aimed at cleaning up pollution and controlling the amounts of it release into the environment. They regulate the harmful substances as they are emitted rather than limiting their use or production in the first place. These laws are based on the assumption that humans and ecosystems can absorb a certain amount of contamination without being harmed. But the past experience shows that it is very difficult to know what levels of contamination, if any, are safe and therefore, it is better to err on the side of caution while dealing with the environment. The Indian Supreme Court has accepted in Vellore case that the Precautionary Principle is part of the environmental law of the country. The Court explained the ‘Precautionary Principle† in the context of the municipal law as under:- Environmental measures – by the State Government and statutory authorities – must anticipate, prevent and attach the causes of environmental degradation. Where there are threats of serious and irreversible damage, lack of scientific certainty should not be used as a reason for postponing measures to prevent environment degradation. The ‘onus of proof’ is on the actor or the developer/industrialist to show that his action is environmentally benign. In Taj case the Supreme Court was dealing with the problem of protecting the ‘Taj Mahal’ from the pollution of nearby industries. The Court applied the ‘Precautionary Principle’ as explained by it in Vellore Case and observed- [T]he environmental measures must anticipate, prevent and attack the causes of environmental degradation. The ‘onus of proof’ is on an industry to show that its operation with the aid of coke/coal is environmentally benign. It is rather, proved beyond doubt that the emissions generated by the use of coke/coal by the industries in TTZ are the main polluters of the ambient air. The Court ordered the industries to change-over to the natural gas as an industrial-fuel or stop functioning with the aid of coke/coal in the Taj trapezium and relocate themselves as per the direction of the Court. The ‘Precautionary Principle’ has been invoked by the Supreme Court in various cases while deciding environmental issues. In Calcutta tanneries Case the Court ordered the polluting tanneries operating in the city of Calcutta (about 550 in number) to relocate themselves from their present location and shift to the new leather complex set up by the West Bengal Government. In Badkhal Surajkund Lakes Cases the Supreme Court held that the ‘Precautionary Principle’ made it mandatory for the State Government to anticipate, prevent and attack the causes of environment degradation. The Court had no hesitation in holding that in order to protect the two lakes from environmental degradation it was necessary to limit the construction activity in the close v icinity of the lakes. Even though the Vellore judgment was followed in the subsequent decision of the Supreme Court, the Court felt the need to explain the meaning of the Precautionary Principle in more detail and lucid manner so that Courts and tribunals or environmental authorities can properly apply the said principle in the matters which might come before them. In A.P. Pollution Control Board v. Prof. M.V. Nayudu, tracing the evolution of precautionary principle the Court observed – Earlier, the concept was based on the ‘assimilative capacity’ rule as revealed from Principle 6 of the Stockholm Declaration of the U.N. Conference on Human Environment, 1972. The said principle assumed that science could provide policy-makers with the information and means necessary to avoid encroaching upon the capacity of the environmental harm was presumed that relevant technical expertise would be available when environmental harm was predicted and there would be sufficient time to act in order to avoid such harm. But in the 11th Principle of the U.N. General Assembly Resolution on World Charter for Nature, 1982, the emphasis shifted to the ‘Precautionary Principle’, and this was reiterated in the Rio Conference of 1992 in its Principle 15. Explaining the cause for the emergence of ‘Precautionary Principle’ the Court referred Charmian Barton, who argued â€Å" it makes sense to err on the side of caution and prevent activities that may cause serious or irreversible harm†. The Court opined that the inadequacies of science was the real basis that had led to the Precautionary Principle. It was based on the theory that it is better to err on the side of caution and prevent environmental harm which may indeed become irreversible. The principle of precaution involved the anticipation of environmental harm and taking measures to avoid it or to choose the least environmentally harmful activity. The Court adopted the view that ‘Environmental Protection should not only aim at protecting health, property and economic interest but also protect the environment for its own sake. Precautionary duties must not only be triggered by the suspicion of concrete danger but also by justified concern or risk potential†. The concept of burden of proof in environmental cases recognised in Vellore Case that ‘the onus of proof’ is on the actor or the developer/industrialist to show that his action is environmentally benign†, was further elaborated by the Supreme Court in the Nayudu case, M. Jagannadha Rao, J. noticed, while the inadequacies of science had led to the ‘Precautionary Principle’, the said principle in its turn led to the special principle of burden of proof in environmental cases where burden as to the absence of injurious effect of the actions proposed, was placed on those who wanted to change the status quo. This is often termed as a reversal of burden of proof, because otherwise, those opposing the change would be compelled to shoulder the evidentiary burden, a procedure which is not fair. Therefore, the Court observed, â€Å"it is necessary that the party who wants to alter it, must bear this burden†. The Supreme Court favours the view that if the environmental risks being run by regulatory inaction are in some way ‘uncertain but non-negligible’, then regulatory action is justified. According to the Court- In such a situation, the burden of proof is to be placed on those attempting to alter the status quo. They are to discharge this burden by showing the absence of a ‘reasonable ecological or medical concern’. That is the required standard of proof. The result would be that if insufficient evidence is presented by them to alleviate concern about the level of uncertainty, then the presumption should operate in favour of environmental protection. In Narmadda Bachao Andolan v. Union of India, the Supreme Court decided the issues relating to construction of dam on Narmada river which was a part of the Sardar Sarovar Project. Explaining the new concept of burden of proof the Court held that the ‘Precautionary Principle’ and the corresponding burden of proof on the person who wants to change the status quo will ordinarily apply in a case of polluting or other project or industry where the extent of damage likely to be inflicted is unknown. Where the effect on ecology of environment of setting up of an industry is known, the Court held- What has to be seen is that if the environment is likely to suffer, then what mitigative steps can be taken to off set the same. Merely because there will be a change is no reason to presume that there will be ecological disaster. It is when the effect of the project is known then the principle of sustainable development would come into play which will ensure that mitigative steps are and can be taken to preserve the ecological balance. The Court concluded, what was the impact on environment with the construction of a dam was well known in India, the dam was neither a nuclear establishment nor a polluting industry, therefore, the decision in A.P. Pollution Control Board’s Case would have no application in this case. Despite of the fact that the Court refused to apply ‘Precautionary Principle’ in this case as the impact on environment was known as could have been mitigated, in subsequent decisions of the Supreme Court one may find strict adherence to the Precautionary Principle and the new concept of onus of proof. To give effect to the Precautionary Principle, Government of India, published a Notification, which states that â€Å"the expansion or modernization of any existing industry or new projects listed in schedule I or Schedule II shall not be undertaken in any part of India, unless it has been accorded environmental clearance by the Central Government, or as the case may be, the State Government concerned in accordance with the procedure hereinafter specified in this notification†. The notification tries to achieve the objective that certain development projects should be carried on within the carrying capacity of the ecosystems, which will otherwise come under stress, so as to ensure that developmental activity takes place in harmony with the environment. This is possible only by careful assessment of a project proposed to be located in any area, on the basis of an Environmental Impact Assessment (EIA) of each project and the necessary Environment Management plan for the prevention, elimination or mitigation of the adverse impact on the environment, right from the very inception of the project. VII. Conclusion The Precautionary Principle, being a principle does not set forth absolute obligations. It simply establishes a policy for implementation by other regulatory means. Its relevance, however, would be in the development of a cluster of norms relating to procedural rules. These would include norms such as those requiring prior environmental impact assessment, the duty to warn or notify others, the duty to mitigate and assist in emergencies, as well as access to information. The emergence of the Precautionary Principle has permanently changed the face of international environmental law and policy. The challenge of implementing the Precautionary Principle while retaining the strength of its original vision is still posing difficult questions before the policy makers. Nevertheless it is well established that Precautionary Principle is an important principle of international environmental law and is gaining strength day by day. Besides being part of several international treaties and declarations the principle has been given place in the body of the national law of many countries. India has recognised and adopted the Precautionary Principle being party to many international declarations and conventions. The EIA notification of the Government of India, Ministry of Environment and Forests established the principle as part and parcel of the legal framework in India. Many pronouncements of the Supreme Court of India, to begin with the Vellore case, have strengthened and incorporated the international environmental law principle into the municipal law. The Apex Court in India has accepted the principle as part of the concept of sustainable development and has applied the principle several times in order to save environment and to give force to ratio of the judgment. We may therefore, draw inference that the Precautionary Principle has got a status of well recognised legal principle in India. Analysis of the Precautionary Principle Analysis of the Precautionary Principle Introduction The planet earth is presently being dominated by the human species. It is the wish and whim of the human beings that decides the fate of other life forms on the planet. The existence of life on earth, as we all know, presupposes balanced ecosystem and congenial environment. Though the human beings have established their superiority over other living creature they themselves are biologically very sensitive to the environmental changes and any minor deviation in the ecosystem is bound to affect them adversely. Human beings, having the basic animal instinct to protect themselves from the potential threats, have realised that their life is full of difficulties and risks. The urge to deal with the life threatening risks that they face has formed the basic condition of their survival. Owing to this the human race is constantly making sincere endeavour to make life more comfortable by minimising all possible threats to life. The advances in the field of science and technology have blessed us with many gadgets and devices that not only ease some hardship of life but are capable of avoiding or diminishing some most threatening risks of nature. There cannot be two views regarding beneficial effects of technological and scientific developments – the life expectancy has gone up significantly in recent years and the quality and comfort of life is scaling new height day-by-day, many deceases and hardships of human life now belong to history. Today the ability of human beings, to transform the natural characteristics of the earth, has reached a level that is not only alarming but dangerous too. We must consider the fact that man has acquired this enormous power to alter the ecological balance on this planet only within a century, thus giving rise to genuine doubt how long the nature will be able to tolerate the excessive interference resulting out of human activities? The population of human beings has increased at an unprecedented pace in recent past causing undue pressures on the limited natural resources. Some of these resources are depleting at an alarming rate and is reason for worry as they have been created by the natural process over millions of years. One example could be depletion of the natural non-renewable energy resources like coal, petroleum etc. One must bear in mind that mother earth treats all its children alike and therefore, it will not be justified to deprive the present and future generations of the nature’s bounties. â€Å" 1 † All living species have an inborn instinct to insure their progeny and to make provision for the welfare of their descendants. It is expected, therefore, that Homo sapiens will take the leading role in saving the earth for their future generations. Earlier, environmental policies at the national as well as international level were based on the concept that nature has capacity to absorb the ill effects of pollution and environmental degradation to a certain extent but, once the shock bearing threshold is breached, the pollution and environmental degradation may cause damage to the environment calling for remedial efforts. This is known as the concept of ‘assimilative capacity’ of nature. This concept is based upon the notion that nature has self curative mechanism and needs no intervention unless the pollution and imbalance caused by human activities breaches the permissible level. If we adhere to this concept, the role of environmental protection agencies will begin only when this upper limit of damage bearing capacity of the environment is breached. In the quest for developing, faster then fastest, many nations have ignored this threshold limit of the environment while harnessing their natural resources, building industries, big dams and townships without making provisions for adequate compensation for the erosion and damage caused to the environment. In such a scenario, one cannot depend solely upon the earth’s self purifying and self curative capacities. Especially when, the earth is loaded with nuclear and toxic waste; forest cover is depleting faster than ever; global warming has started showing ill effects; the virgin peaks of Mount Everest and the uninhabited lands of North and South poles have become littered by man; water pollution in rivers and seas is destroying the life of aquatic creature; acid rain and smog has become more rampant, an effective proactive strategy coupled with effective measures to check further degradation of the environment is the cry of the day. Such strategy and measures assume greater importance in those cases where the adverse impact of any activity upon the environment cannot be ascertained and predicted with certainty. Should precaution be taken anticipating harmful impact on environment and thereby halt the developmental activities or leave it to the nature to repair the damage using its limited assimilative capacity is the question to be answered. The precautionary principle guides us in such tricky situations. Since 1970s, the precautionary principle has become the underlined rationale for a number of international environmental treaties and declarations. It is evident that international community has shifted from the ‘principle of assimilative capacity’ to the ‘precautionary principle’ ratifying the old saying that precaution is better than cure. Origin of the Principle It is difficult to identify with certainty the origin of the principle. â€Å"The precautionary concept found its way into international law and policy as a result of German proposals made to the International North Sea Ministerial Conferences†. In Germany the precautionary principle had its beginnings in the principle of Vorsorge, or foresight. At the centre of early notions of this principle was the understanding that society should endeavour to avoid environmental damage by careful planning in advance, blocking the harmful activities having the potential to adversely affect the environment. Eventually â€Å"the Vorsorgeprinzip (precautionary principle) developed in the early 1970s into a fundamental principle of German environmental law and has been invoked to justify the implementation of vigorous policies to tackle acid rain, global warming, and North Sea pollution. It has also led to the development of a strong environmental industry in that country†. The concept was first enunciated by the German Federal Government in 1976 using the following words:- Environmental policy is not fully accomplished by warding off imminent hazards and the elimination of damage, which has occurred. Precautionary environmental policy requires further more that natural resources are protected and demands on them made with care. Subsequently the precautionary principle was invoked in the year 1984 at the First International Conference on Protection of the North Sea. Following this conference, the principle has been integrated into numerous international conventions and agreements. The North Sea Treaties (Bremen, 1984; London, 1987; Hague 1990; Esbjerg, 1995) are some of the early examples of international treaties where the precautionary principle has had a very prominent position. III. Meaning and Nature The precautionary principle aims to provide guidance in the development and framing of policies where there is scientific uncertainty. It continues to generate disagreement as to its meaning, ambit and objectives, as reflected in the views of scholars and international judicial practice. â€Å"On the one hand, some consider that it provides the basis for early international legal action to address highly threatening environmental issues. On the other hand, its opponents have decried the potential which the principle has for over regulation and limiting human activity. The core of the principle is still evolving†. The scope of the precautionary principle goes beyond the problems associated with a short or medium term approach to environmental risks. It encompasses the concern of longer run as well and ensures well-being of future generations. A decision to take measures without waiting until all the necessary scientific knowledge is available is a precautionary approach. In its most elementary form, the precautionary principle is a strategy to cope with scientific uncertainties in the assessment and management of risks. It is about the wisdom of action under uncertainty. â€Å"The precautionary principle is often seen as an integral principle of sustainable development that is development that meets the needs of the present without compromising the abilities of future generations to meet their needs. By safeguarding against natural resource base that might jeopardize the capacity of future generations to provide for their own needs, it builds on ethical notions of intra-and inter-generational equity†. The formulation of the precautionary principle in precisely and clearly expressed form, at the international level, can be found in the London Declaration of the Second International North Sea Conference. The Declaration states- .. In order to protect the North Sea from possibly damaging effects of the most dangerous substance, a precautionary approach is necessary which may require action to control inputs of such substances even before a casual link has been established by absolute clear scientific evidence. The Rio Declaration, 1992 ensured the global attention towards the precautionary principle by stating – In order to protect the environment, the precautionary approach shall be widely applied by states according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to protect environmental degradation. The convention on Biological Diversity, 1992 and the Convention on Climate Change, 1992 of the Rio-Conference echo the same spirit of precaution – â€Å"lack of full scientific certainty should not be used as a reason for postponing cost-effective measures†. Hence, lack of scientific certainty is no reason to postpone action to avoid potentially serious or irreversible harm to the environment. At the basis of the precautionary principle is the element of anticipation, reflecting a requirement of effective environmental measures based upon actions which forms a long-term strategy. The wingspread statement on the precautionary principle has summarised four components of the principle that should guide its implementation – Action to prevent harm despite uncertainty. Shifting the burden of proof of proponents of a potentially harmful activity. Examination of a full range of alternatives to potentially harmful activities, including no action. Democratic decision making to ensure, inclusion of those affected. The communication from the European Communities (EU) on the precautionary principle demands the applicability of the principle and explains its scope in the following words:- Although the precautionary principle is not explicitly mentioned in the Treaty except in the environmental field, its scope, is far wider and covers those specific circumstances where scientific evidence is insufficient, inconclusive, or uncertain and there are indications through preliminary objective scientific evaluation that there are reasonable grounds for concern that the potentially dangerous effects on the environment, human, animal or plant health may be inconsistent with the chosen level of protection. It is clear from the aforesaid formulations of the principle that there is no uniform acceptable principle of precaution. London Declaration, 1987 uses qualifying language such as ‘may require action’ and ‘before†¦ absolutely clear†¦. Evidence’. Rio Declaration, 1992 also includes qualifying language such as ‘according to their capabilities’ and ‘†¦postponing cost-effective measures’. EU communication 2000 requires intervention to maintain the high level of protection chosen by the EU. â€Å"The triple negative notion is the definition in the Rio Declaration; the absence of rigorous proof of danger does not justify inaction is rather weak: it forces the consideration of precautionary intervention but does not require such intervention. The definition in the EU communication on the other hand does require intervention to maintain the high level of protection chosen by the EU†. Despite of the fact that various formulations of the precautionary principle have used different words one can easily draw several common points as key elements of the principle. The common understanding of contents of the principle may be summarised as under:- Precautionary principle is applicable in cases where scientific uncertainties exist about the harm that is likely to be suffered in future. Some form of scientific analysis of the potential threat is mandatory as mere speculation is not enough to trigger the principle. Unqualified possibility is sufficient enough to consider the application of the principle. Application of the principle is limited to those hazards that are unacceptable. The principle requires interventions before possible harm occurs. Interventions should be proportional to the chosen level of protection and the magnitude of possible harm. V. Precautionary Principle and International Law There can not be slightest of doubts regarding recognition and existence of the precautionary principle in the fields of contemporary national and international laws. Its outlines, however, are far from clear from a legal point of view. Essentially, the precautionary principle is an appeal to prudence addressed to policy makers. The principle does not offer a predetermined solution to every new problem raised by scientific uncertainty. On the contrary, the precautionary principle is a guiding principle that provides helpful criteria for determining the most reasonable course of action in confronting situations of potential environmental risk. Whether precautionary principle is a legally binding principle in customary international law and national law rather than a guiding principle only is a difficult question to answer. It is generally understood that declarations of principles are not traditional sources of international law and therefore, not binding for the member states of the organisation that adopted them. Such international texts do not have the same legal force as international treaties and conventions. Strictly speaking, declarations of principles are nothing more than ‘recommendations’, without binding force. Despite of this fact one cannot undermine the legal relevance of such declarations. Even though they are not considered as sources of international law, they are legitimately capable of generating norms. Declaration of principles, though not binding, can influence the elaboration, interpretation and application of international laws of member states of the international organisations that conceived or endorsed the declarations. One cannot underestimate the influence that general principles exert on legal formulation, be it in the international context or in the internal legislation and jurisprudence of countries. In spite of not being obligatory and binding, principles of law constitute important tools for the crystallization of new concepts and values. Article 38 of the Statute of the International Court of Justice provides that the International Court of Justice, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply amongst other the ‘general principles of law recognised by civilised nations’. Thus, the general principles of law are also sources of international law. Therefore, it seems incontestable that among the principles emanating from international declarations, the Precautionary Principle is legally relevant and cannot be disregarded, either by the countries in the international order, or by legislators, policy makers and courts in the domestic sphere. From the moment when the Precautionary Principle is recognised as an element of international law, it also becomes part of the general principles of environmental law, with undisputed legitimacy in guiding the interpretation and application of all legal norms in force. â€Å"The Precautionary Principle is frequently introduced in framework conventions. Although this strategy is widely used in international environmental law, it is merely a first step in elaborating more precise rules at the international level fleshing out that principle. Furthermore, in a number of international agreements, the Precautionary Principle† worded in such a way that it is deprived of immediate and autonomous applicability. Use of terms such as ‘form a basis for’, ‘in spite’, ‘endeavour’, etc. imply that the principle is merely intended to prepare states to implement their international obligations. Only the repeated use of state practice and consistent opinio juris are likely to transform precaution into a customary norm†. The Principle of precaution has found only limited judicial support so far in international law, this despite many commentators arguing that it has reached the status of a principles of customary international law. In the case of New Zealand v. France, the right of France to carryout nuclear tests in the South Pacific was challenged. The opinion of Weeramantry, J. in this case suggests that the Precautionary Principle is ‘gaining increasing support as part of the international law of the environment’. The principle should be used where there is insufficient material before the court to justify action, even if this means acting ahead of ‘full scientific evidence’. This opinion, however, was a dissent, and it is worth comparing a more, recent example where the Precautionary Principle has featured in international trade disputes. The US and Canada brought a dispute settlement case before the World Trade Organisation (WTO) against the EC, which in 1989 had banned the import of beef fed with growth hormones on the grounds that it was not safe for human health to eat such meat. The EC argued that its import ban was justified in the light of the Precautionary Principle, which is presented as a binding rule of international law. The USA and Canada denied that the principle already had such a status. The WTO found that the EC import ban violated WTO law, although the EC has continued to impose its ban and has been forced by the WTO to compensate Canada and the US for lost trade. VI. Status in India In India there are lots of environmental regulations, but most environmental regulations, like the Water (Protection and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 are aimed at cleaning up pollution and controlling the amounts of it release into the environment. They regulate the harmful substances as they are emitted rather than limiting their use or production in the first place. These laws are based on the assumption that humans and ecosystems can absorb a certain amount of contamination without being harmed. But the past experience shows that it is very difficult to know what levels of contamination, if any, are safe and therefore, it is better to err on the side of caution while dealing with the environment. The Indian Supreme Court has accepted in Vellore case that the Precautionary Principle is part of the environmental law of the country. The Court explained the ‘Precautionary Principle† in the context of the municipal law as under:- Environmental measures – by the State Government and statutory authorities – must anticipate, prevent and attach the causes of environmental degradation. Where there are threats of serious and irreversible damage, lack of scientific certainty should not be used as a reason for postponing measures to prevent environment degradation. The ‘onus of proof’ is on the actor or the developer/industrialist to show that his action is environmentally benign. In Taj case the Supreme Court was dealing with the problem of protecting the ‘Taj Mahal’ from the pollution of nearby industries. The Court applied the ‘Precautionary Principle’ as explained by it in Vellore Case and observed- [T]he environmental measures must anticipate, prevent and attack the causes of environmental degradation. The ‘onus of proof’ is on an industry to show that its operation with the aid of coke/coal is environmentally benign. It is rather, proved beyond doubt that the emissions generated by the use of coke/coal by the industries in TTZ are the main polluters of the ambient air. The Court ordered the industries to change-over to the natural gas as an industrial-fuel or stop functioning with the aid of coke/coal in the Taj trapezium and relocate themselves as per the direction of the Court. The ‘Precautionary Principle’ has been invoked by the Supreme Court in various cases while deciding environmental issues. In Calcutta tanneries Case the Court ordered the polluting tanneries operating in the city of Calcutta (about 550 in number) to relocate themselves from their present location and shift to the new leather complex set up by the West Bengal Government. In Badkhal Surajkund Lakes Cases the Supreme Court held that the ‘Precautionary Principle’ made it mandatory for the State Government to anticipate, prevent and attack the causes of environment degradation. The Court had no hesitation in holding that in order to protect the two lakes from environmental degradation it was necessary to limit the construction activity in the close v icinity of the lakes. Even though the Vellore judgment was followed in the subsequent decision of the Supreme Court, the Court felt the need to explain the meaning of the Precautionary Principle in more detail and lucid manner so that Courts and tribunals or environmental authorities can properly apply the said principle in the matters which might come before them. In A.P. Pollution Control Board v. Prof. M.V. Nayudu, tracing the evolution of precautionary principle the Court observed – Earlier, the concept was based on the ‘assimilative capacity’ rule as revealed from Principle 6 of the Stockholm Declaration of the U.N. Conference on Human Environment, 1972. The said principle assumed that science could provide policy-makers with the information and means necessary to avoid encroaching upon the capacity of the environmental harm was presumed that relevant technical expertise would be available when environmental harm was predicted and there would be sufficient time to act in order to avoid such harm. But in the 11th Principle of the U.N. General Assembly Resolution on World Charter for Nature, 1982, the emphasis shifted to the ‘Precautionary Principle’, and this was reiterated in the Rio Conference of 1992 in its Principle 15. Explaining the cause for the emergence of ‘Precautionary Principle’ the Court referred Charmian Barton, who argued â€Å" it makes sense to err on the side of caution and prevent activities that may cause serious or irreversible harm†. The Court opined that the inadequacies of science was the real basis that had led to the Precautionary Principle. It was based on the theory that it is better to err on the side of caution and prevent environmental harm which may indeed become irreversible. The principle of precaution involved the anticipation of environmental harm and taking measures to avoid it or to choose the least environmentally harmful activity. The Court adopted the view that ‘Environmental Protection should not only aim at protecting health, property and economic interest but also protect the environment for its own sake. Precautionary duties must not only be triggered by the suspicion of concrete danger but also by justified concern or risk potential†. The concept of burden of proof in environmental cases recognised in Vellore Case that ‘the onus of proof’ is on the actor or the developer/industrialist to show that his action is environmentally benign†, was further elaborated by the Supreme Court in the Nayudu case, M. Jagannadha Rao, J. noticed, while the inadequacies of science had led to the ‘Precautionary Principle’, the said principle in its turn led to the special principle of burden of proof in environmental cases where burden as to the absence of injurious effect of the actions proposed, was placed on those who wanted to change the status quo. This is often termed as a reversal of burden of proof, because otherwise, those opposing the change would be compelled to shoulder the evidentiary burden, a procedure which is not fair. Therefore, the Court observed, â€Å"it is necessary that the party who wants to alter it, must bear this burden†. The Supreme Court favours the view that if the environmental risks being run by regulatory inaction are in some way ‘uncertain but non-negligible’, then regulatory action is justified. According to the Court- In such a situation, the burden of proof is to be placed on those attempting to alter the status quo. They are to discharge this burden by showing the absence of a ‘reasonable ecological or medical concern’. That is the required standard of proof. The result would be that if insufficient evidence is presented by them to alleviate concern about the level of uncertainty, then the presumption should operate in favour of environmental protection. In Narmadda Bachao Andolan v. Union of India, the Supreme Court decided the issues relating to construction of dam on Narmada river which was a part of the Sardar Sarovar Project. Explaining the new concept of burden of proof the Court held that the ‘Precautionary Principle’ and the corresponding burden of proof on the person who wants to change the status quo will ordinarily apply in a case of polluting or other project or industry where the extent of damage likely to be inflicted is unknown. Where the effect on ecology of environment of setting up of an industry is known, the Court held- What has to be seen is that if the environment is likely to suffer, then what mitigative steps can be taken to off set the same. Merely because there will be a change is no reason to presume that there will be ecological disaster. It is when the effect of the project is known then the principle of sustainable development would come into play which will ensure that mitigative steps are and can be taken to preserve the ecological balance. The Court concluded, what was the impact on environment with the construction of a dam was well known in India, the dam was neither a nuclear establishment nor a polluting industry, therefore, the decision in A.P. Pollution Control Board’s Case would have no application in this case. Despite of the fact that the Court refused to apply ‘Precautionary Principle’ in this case as the impact on environment was known as could have been mitigated, in subsequent decisions of the Supreme Court one may find strict adherence to the Precautionary Principle and the new concept of onus of proof. To give effect to the Precautionary Principle, Government of India, published a Notification, which states that â€Å"the expansion or modernization of any existing industry or new projects listed in schedule I or Schedule II shall not be undertaken in any part of India, unless it has been accorded environmental clearance by the Central Government, or as the case may be, the State Government concerned in accordance with the procedure hereinafter specified in this notification†. The notification tries to achieve the objective that certain development projects should be carried on within the carrying capacity of the ecosystems, which will otherwise come under stress, so as to ensure that developmental activity takes place in harmony with the environment. This is possible only by careful assessment of a project proposed to be located in any area, on the basis of an Environmental Impact Assessment (EIA) of each project and the necessary Environment Management plan for the prevention, elimination or mitigation of the adverse impact on the environment, right from the very inception of the project. VII. Conclusion The Precautionary Principle, being a principle does not set forth absolute obligations. It simply establishes a policy for implementation by other regulatory means. Its relevance, however, would be in the development of a cluster of norms relating to procedural rules. These would include norms such as those requiring prior environmental impact assessment, the duty to warn or notify others, the duty to mitigate and assist in emergencies, as well as access to information. The emergence of the Precautionary Principle has permanently changed the face of international environmental law and policy. The challenge of implementing the Precautionary Principle while retaining the strength of its original vision is still posing difficult questions before the policy makers. Nevertheless it is well established that Precautionary Principle is an important principle of international environmental law and is gaining strength day by day. Besides being part of several international treaties and declarations the principle has been given place in the body of the national law of many countries. India has recognised and adopted the Precautionary Principle being party to many international declarations and conventions. The EIA notification of the Government of India, Ministry of Environment and Forests established the principle as part and parcel of the legal framework in India. Many pronouncements of the Supreme Court of India, to begin with the Vellore case, have strengthened and incorporated the international environmental law principle into the municipal law. The Apex Court in India has accepted the principle as part of the concept of sustainable development and has applied the principle several times in order to save environment and to give force to ratio of the judgment. We may therefore, draw inference that the Precautionary Principle has got a status of well recognised legal principle in India.