Suitable legal framework - Free Essay Example

Sample details Pages: 6 Words: 1816 Downloads: 6 Date added: 2017/06/26 Category Law Essay Type Argumentative essay Did you like this example? With particular reference to the case law of the European Court of Justice and Court of First Instance, critically assess to what extent the EC Treaty provisions on annulment actions (Article 230 EC) and on non-contractual liability (Articles 235 and 288 EC) provide a suitable legal framework for rendering the legislative activities of European Community institutions accountable to private individuals? Article 230 EC Article 230 EC provides that qualified persons may challenge the validity of Community acts before the European Courts. The act complained of may be declared void if such an action is successful. Under Article 230 of the Treaty the European Court of Justice is thus entitled to examine the actions of the EU institutions to determine their validity in the context of the acquis communautaire[1]. Don’t waste time! Our writers will create an original "Suitable legal framework" essay for you Create order In partnership with Article 230, Article 232 EC stipulates that the Court may rule on the inactivity of the institutions in circumstances where they are under a legal duty to act.[2] Standing to sue or locus standi is determined in two classes: non-privileged applicants and privileged applicants. The class of privileged applicants includes the Member States, the European Commission and the European Council and as a result of the case Parliament v Council (Chernobyl),[3] the European Parliament and the European Central Bank where actions are initiated for the purpose of defending their prerogatives. Non-privileged applicants include all other natural and legal entities including private individuals. It is the standing of such private individuals that constitutes the focus of this paper and this class of litigant is therefore discussed in more detail below. The locus standi of private individuals As stated, EU citizens qualify as non-privileged applicants. Article 230 (4) defi nes the entitlement of non-privileged applicants: Any natural or legal person may, under the same conditions, institute proceedings against a decision addressed to that person or against a decision which, although in the form of a regulation or a decision addressed to another person, is of direct and individual concern to the former. The conditions emphasised are set down in the first paragraph of Article 230 and are applicable to both classes of applicant. To be reviewable the act must be of an EC institution, deriving legal effects. The applicant must meet a two month deadline (which runs from publication of the measure or its notification to the applicant) and he must claim one of the grounds for annulment stipulated in paragraph two, namely: infringement of an essential procedural requirement, lack of competence, misuse of powers, infringement of the treaty or any rule relating to its application.[4] The aim and effect of Article 230(4) is to restrict the availability a ccess to judicial review in the European Court. Only measures which are individual or in which applicants have a strict personal interest are challengeable. Generally speaking, measures of general effect cannot typically be challenged by non-privileged applicants. In summary, Article 230 review proceedings can only be brought in the following situations: à ¢Ã¢â€š ¬Ã‚ ¢ 1. Where a decision is formally addressed to the applicant; à ¢Ã¢â€š ¬Ã‚ ¢ 2. Where a decision is addressed to third parties and the applicant asserts it is of direct and individual concern to him or her; à ¢Ã¢â€š ¬Ã‚ ¢ 3. Where a decision is in the form of a regulation and is of direct and individual concern to the applicant; Article 235 and 288(2) EC Articles 235 and 288(2) EC provide that where private individuals, companies or Member States sustain damage as a consequence of the fault of the European Community legal action for damages may be filed at the Court of First Instance (in the case of in dividuals and firms) or at the Court of Justice (in the case of Member States). The following conditions must be satisfied before an award of damages can be made: 1) There must be an unlawful act by a Community institution or by a member of its staff in the exercise of his functions; 2) Actual harm must have been suffered; 3) There must be a causal link between the act of the Community Institution and the damage sustained. The case of Edouard Dubois et Fils SA -v- Council[5] was decided under Articles 235 and 288(2). Here the applicant was a customs agent seeking damages for loss caused by completion of the single internal market. The applicantà ¢Ã¢â€š ¬Ã¢â€ž ¢s business had been effectively destroyed by the policy and he claimed compensation on the basis of strict liability or fault in the alternative. In dismissing the applicantà ¢Ã¢â€š ¬Ã¢â€ž ¢s application, the Court of First Instance ruled that the agreement to complete the Single Internal Market, which is e nshrined in the Single European Act as an agreement between Member States, could not sustain liability on the part of the European Community Article 288 EC provides that: à ¢Ã¢â€š ¬Ã…“In the case of non-contractual liability, the Community shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its institutions or by its servants in the performance of their duties.à ¢Ã¢â€š ¬Ã‚  This rule applies under the same conditions to damage caused by the European Central Bank in the performance of its activities. In Schoppenstadt[6] the Court ruled that non-contractual liability of the Community pre-supposes, as a minimum, the unlawful nature of the act complained of. No non-contractual liability will arise concerning economic policy measures unless a sufficiently flagrant violation of a superior rule of law aimed at the protection of individuals has taken place. It is submitted that this construct incorporates such things as the general principles of equality and proportionality, however the concept of flagrant violation has been narrowly construed. In Bayersche HNL Vermehrungsbetriebe GMBH v Council[7] the Court found that no liability would be incurred unless the institution concerned had manifestly and gravely disregarded the limits on the exercise of its power and committed a serious and inexcusable breach. In JÃÆ' ©go-QuÃÆ' ©rÃÆ' © et Cie SA v. Commission of the European Communities[8], which concerned an application for annulment of a fisheries regulation, it was argued that the procedural route of an action for damages based on the non-contractual liability of the Community cannot yield a remedy that effectively safeguards the interests of the affected individual. It was said that such an action will not cause the deletion from Community law of a measure which is nevertheless necessarily deemed illegal. Given that it assumes that damage has been caused directly by the a pplication of the measure in question, such an action is subject to issues of substance and admissibility which differ from those determining actions for annulment, and does not therefore place the Community judicature in a position whereby it can carry out the comprehensive judicial review which it is its task to perform. Analysis It is true that individuals regularly make successful challenges to Commission decisions in the field of competition law.[9] Consten and Grundig v Commission[10] is one early example of the effectiveness of judicial review in that specific field. However, real problems arise where the decision challenged is addressed to another person (Plaumann[11] dictates that this includes Member States). As stated, a private individual can challenge a decision addressed to another party only where he or she is individually and directly concerned by the decision. This requires proof of more than a legal interest in the disputed measure.[12] Both the direct and individual elements must be met. A measure is treated as of direct concern if it affects the legal situation of the applicant directly and gives no discretion to the addressees of the measure given responsibility for implementation. Implementation must be the automatic consequence of Community rules without the need for the intervention of other intermediate rules: Bock v. Commission.[13] As to individual concern Plaumann was influential in determining the European Court of Justiceà ¢Ã¢â€š ¬Ã¢â€ž ¢s attitude and approach to judicial review. The Court found that if a private individual is to be considered to have the right to seek to annul a decision not addressed to them, he or she must show that they are individually concerned by proving that the decision: à ¢Ã¢â€š ¬Ã‹Å"affects them by reason of certain attributes which are peculiar to them or by reason of circumstances in which they are differentiated from all other persons and by virtue of these factors distinguishes them individuallyà ¢Ã¢â€š ¬Ã¢â€ž ¢[14]. The so-called Plaumann test has been employed in many subsequent cases. The test is clearly narrow and restrictive and extremely hard to satisfy in reality. Toepfer v. Commission[15] is one rare example of success. The applicant, a cereal importer, was deemed to be individually concerned only because the disputted decision was restricted to a specific group of importers of cereals, who had been refused an import license on a particular day. It was in cases involving agriculture and customs that the Courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s restrictive approach was crystallised and it is perhaps easy why it took such a strict line in those respective contexts. However, as the EU has extended the scope and range of its activities and jurisdiction, the approach of the European Courts has remained highly restrictive, ostensibly because the Court continues to apply the jurisprudence set down in its earlier authorities: see for example: Zunis Holdings S.A. v. Commission[16] and Associazione Agricoltori della Provincia di Rovigo et al. v. Commission (Po Delta)[17], Conclusion It is clear that the Treaty and the Courts have conspired to make it extremely difficult for private individuals to hold the European Community institutions accountable for their legislative activities. The availability of annulment actions (Article 230 EC) and actions for non-contractual liability (Articles 235 and 288 EC) has been highly restricted by the Treaty and by the Courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s interpretation of it. This can come as no surprise and there are obvious policy concerns that mitigate against a situation in which open season could be declared on Community activities. However it is submitted that the case law is now too strict in both areas and that justice would be served by loosening the qualifications necessary to ground worthy applications. THE END WORD COUNT: 1768 (excluding footnotes) BIBLIOGRAPHY The Treaty of Rome (1957 as am ended) Protecting the Interests of Civil Society in Community Decision-Making à ¢Ã¢â€š ¬Ã¢â‚¬Å" The Limits of Article 230 EC, A Cygan, (2003) 52 International Comparative Law Quarterly 995-1012 Judicial Review of European Administrative Procedure, Jurgen Schwarz (2004) 68 Law Contemp. Probs. 85 Basic Community Cases, Rudden and Phelan, (1997) Oxford University Press Law of the European Community, Fairhurst, J., (2005) Longman Textbook on EC Law, Steiner and Woods, (2003) Blackstone Law of the European Union, Kent, P., (2001) Longman Law of the European Union, Shaw J., (2000) Palgrave Law Masters Text, Cases and Materials on European Union Law, Tillotson and Foster, (2003) Cavendish 1 Footnotes [1] The total accumulated body of EU law. [2] Note also that Article 241 EC provides a mechanism for indirect review where a plea of illegality is made. [3] Case C-70/88. [4] See for comment: Protecting the Interests of Civil Society in Community Decision-Making à ¢Ã¢â€š ¬Ã¢â‚¬Å" The Limits of Article 230 EC, A Cygan, (2003) 52 International Comparative Law Quarterly 995-1012. [5] T-113/93. [6] Case 5/71. [7] 1978 ECR 1. [8] Case T-177/01. [9] Law of the European Union, Jo Shaw, (2000) Palgrave Law Masters, p.506, [10] Case 56 and 58/64. [11] Case 25/62. [12] See for comment: Judicial Review of European Administrative Procedure, Jurgen Schwarz (2004) 68 Law Contemp. Probs. 85. [13] Case 62/70. [14] Plaumann para.107. [15] Cases 106-107/63. [16] Case T-83/92. [17] Case T-117/94.

Why Animal Rights Activists Oppose Aquariums

Animal rights activists oppose aquariums for the same reason they oppose zoos. Fish and other sea creatures, like their land-dwelling relatives, are sentient and have a right to live free from human exploitation. In addition, there are concerns about the treatment of the animals in captivity, especially marine mammals. Aquariums and Animal Rights From an animal rights perspective, keeping animals in captivity for our own use is an infringement on that animals right to be free of human exploitation, regardless of how well the animals are treated. There are some people who doubt the sentience of fish and other sea creatures. This is an important issue because the rights of animals are based on sentience - the ability to suffer. But studies have shown that fish, crabs, and shrimp do feel pain. What about anemones, jellyfish and other animals with simpler nervous systems? While its debatable whether a jellyfish or anemone can suffer, it is clear that crabs, fish, penguins and marine mammals do feel pain, are sentient and are therefore deserving of rights. Some might argue that we should give jellyfish and anemones the benefit of the doubt because there is no compelling reason to keep them in captivity, but in a world where clearly intelligent, sentient beings such as dolphins, elephants and chimpanzees are kept in captivity for our amusement/education, the main challenge is convincing the public that sentience is the determining factor for whether a being has rights, and sentient beings should not be kept in zoos and aquariums. Aquariums and Animal Welfare The animal welfare position holds that humans have a right to use animals as long as the animals are treated well. However, even from an animal welfare viewpoint, aquariums are problematic. Animals in an aquarium are confined in relatively small tanks and can get bored and frustrated. In an effort to provide more natural environments for the animals, different species are often kept together, which lead to predatory animals attacking or eating their tank mates. Furthermore, the tanks are stocked either with captured animals or animals bred in captivity. Capturing animals in the wild is stressful, injurious and sometimes fatal; breeding in captivity is also a problem because those animals will live their entire lives in a tiny tank instead of a vast ocean. Special Concerns About Marine Mammals There are special concerns regarding marine mammals because they are so large and they so obviously suffer in captivity, regardless of any educational or entertainment value they may have for their captors. This is not to say that marine mammals suffer more in captivity than small fish, although that is possible, the suffering of marine mammals is more obvious to us. For example, according to the World Society for the Protection of Animals, a dolphin in the wild swims 40 miles per day, but US regulations require dolphin pens to be only 30 feet in length. A dolphin would have to circle his tank more than 3,500 times every day to simulate his natural range. Regarding killer whales in captivity, the Humane Society of the US explains: This unnatural situation can cause skin problems. In addition, in captive killer whales (orcas), it is the probable cause of dorsal fin collapse, as without the support of water, gravity pulls these tall appendages over as the whale matures. Collapsed fins are experienced by all captive male orcas and many captive female orcas, who were either captured as juveniles or who were born in captivity. However, they are observed in only about 1% of orcas in the wild. And in rare tragedies, captive marine mammals attack people, possibly as a result of post-traumatic stress syndrome after being captured from the wild. What About Rehabbing or Public Education? Some might point out the good work that aquariums do: rehabbing wildlife and educating the public about zoology and ocean ecology. While these programs are laudable and certainly not trivial, they cannot justify the suffering of the individuals in aquariums. If they operated as true sanctuaries for individual animals who cannot return to the wild, such as Winter, the dolphin with a prosthetic tail, there would be no ethical objections. What Laws Protect Animals in Aquariums? On the federal level, the federal Animal Welfare Act covers the warm-blooded animals in aquariums, such as marine mammals and penguins, but does not apply to fish and invertebrates - the vast majority of animals in an aquarium. The Marine Mammal Protection Act offers some protection for whales, dolphins, seals, walruses, sea lions, sea otters, polar bears, dugongs, and manatees, but does not prohibit keeping them in captivity. The Endangered Species Act covers endangered species that might be in an aquarium and applies to all types of animals, including marine mammals, fish, and invertebrates. Animal cruelty statutes vary by state, and some states may offer some protection to the marine mammals, penguins, fish and other animals in aquariums. The information on this website is not legal advice and is not a substitute for legal advice. For legal advice, please consult an attorney.

The Most Admired Corporate Leaders in Malaysia Free Essays

The Most Admired Corporate Leaders in Malaysia Corporate leaders are shining examples of what individuals with sound management skills, dynamic leadership and vision could do in driving companies to become multimillion ringgit powerhouses. All of them have led their respective organizations to become symbols of Malaysian corporate success. Top 10 of Malaysia salutes these corporate greats in a survey that recognizes the top 10 leaders in the country today. We will write a custom essay sample on The Most Admired Corporate Leaders in Malaysia or any similar topic only for you Order Now These vibrant personalities are inspiring icons indeed and their beautiful success stories are exemplary of what great heights can be achieved when one dares to dream big. Tan Sri Dato’ Seri Dr Tony Fernandes As the Group CEO of AirAsia Bhd, Tan Sri Tony is probably Malaysia’s most recognizable corporate figure with his trademark baseball cap. Tan Sri Tony began his career in the music industry with Warner Music. Soon he decided to leave the music industry to pursue his childhood dream of setting up Malaysia’s first low-cost airline. He mortgaged his house and pooled all his savings to acquire a failing government airline that had a fleet of only two ageing Boeing 737-300 planes and RM40 million worth of debt. The company soon grew from two planes in 2002 to a fleet of more than 86 aircraft flying more than 30 million people around the world. Tan Sri Tony’s vision in transforming an ailing airline company to become the world’s best low-cost carrier (awarded by Skytrax) is a testament to the Malaysia Boleh spirit. Tan Sri Dato’ Dr Robert Kuok Hock Nien Born on 6 October 1923 in Johor Bahru and educated at the prestigious Raffles Institution in Singapore, Tan Sri Dato’ Dr Kuok made his money in sugar, palm oil, shipping and property. Also known as the â€Å"Sugar King†, his Kuok Group boasts of a huge network of companies under three main holding companies in Hong Kong, Singapore and Malaysia. He also controls South China Morning Post, once the world’s most profitable daily newspaper. His biggest source of wealth is his stake in Wilmar, the world’s largest listed palm oil company. According to Forbes magazine in March 2011, Tan Sri Kuok’s assets are worth an incredible USD12. 5 billion, making him the richest man in Malaysia. Ananda Krishnan Ananda Krishnan began building his multimedia empire in the early 1990s and today he owns two major telecommunication companies – Maxis Communications and Astro All Asia Network – apart from having three communication satellites circumnavigating the earth. He also owns stakes in public listed Tanjong Public Limited Company, an investment holding company with subsidiaries in power generation, gaming, leisure and property. Krishnan has a Masters in Business Administration from Harvard University and is worth USD9. 5 billion (Forbes magazine, March 2011), making him the second richest man in Malaysia. Now a major philanthropist, Krishnan focuses on developing Malaysia’s talent pool by funding scholarships and school programs. Tan Sri Dato’ Seri Dr Yeoh Tiong Lay He is the founder of YTL Corporation, Malaysia’s biggest and most successful conglomerate with businesses in construction, utilities, hotels, property development and technology. It is one of the largest companies listed on Bursa Malaysia with a combined market capitalization of about RM33. 5 billion (as at 31 July 2011). YTL Corporation became the first Asian non-Japanese company to be listed on the Tokyo Stock Exchange since 1996. In January 2008, Tan Sri Dato’ Seri Dr Yeoh was conferred the prestigious Order of the Rising Sun, Gold Rays with Neck Ribbon by the Emperor of Japan for his efforts in promoting bilateral relations between Malaysia and Japan. Tan Sri Vincent Tan Chee Yioun Born in 1952 in Batu Pahat, Johor, Tan Sri Vincent Tan is the Chairman of Berjaya Corporation Berhad. He is a businessman and entrepreneur with a suite of interests in property development and investment, gaming, stockbroking, manufacturing, trading, hospitality, internet-related businesses, utilities, media, telecommunications, insurance and education. According to Forbes 2010 Billionaire List, Tan Sri Vincent Tan’s assets are worth USD1. 2 billion. In February this year, he pledged to donate half of his wealth to charity, starting with RM20 million this year. This came about because of his decision to join â€Å"The Giving Pledge† that was initiated by Bill Melinda Gates and Warren Buffett. Tan Sri Dato’ Sri Dr Teh Hong Piow Founder of Public Bank, Tan Sri Teh is currently the Chairman of the Public Bank Group, apart from holding leadership positions in various organizations in Malaysia and Singapore. He began his banking career in 1950 as a bank clerk in Overseas-Chinese Banking Corporation Ltd. In 1960 he joined Malayan Banking Berhad as Manager and was promoted to General Manager at a relatively young age of 34. Tan Sri Teh then left Malayan Banking in 1966 to set up Public Bank. He has since then been the driving force behind the bank’s evolution into a modern and integrated financial powerhouse. Tan Sri Datuk Hj Mustapha Kamal Currently the Executive Chairman of MK Land Holdings Berhad, Tan Sri Datuk Mustapha is also co-founder of MK Land Group of Companies. The Group is noted for developing the Damansara Perdana township in Selangor. Tan Sri Mustapha graduated from University of Malaya and started his career in 1970 as an Assistant District Officer and later rose to become the Deputy Commissioner of Lands Mines for the Selangor State Government. It was his move to Shah Alam Properties Sdn Bhd as Managing Director that provided him with the opportunity to harness necessary skills and knowledge in property development. In 1983, Tan Sri Mustapha formed the EMKAY Group of Companies. Tan Sri Dato’ Seri Dr Jeffrey Cheah An accountant by training, Tan Sri Jeffrey is the Founder and Chairman of the Sunway Group. The Group is one of the most widely diversified conglomerates in Malaysia with core businesses in education, healthcare, civil engineering and construction, property development and investment, and many more. It is known for its flagship development, the Sunway Integrated Resort City in Petaling Jaya. Tan Sri Jeffrey is passionately involved in governmental and non-governmental organizations. His passion to improve the lives of bright Malaysian students was inspired by English clergyman John Harvard who donated his entire library of books and half his wealth to an educational institution which is known today as the prestigious Harvard University. Tan Sri Azman Hashim Tan Sri Azman Hashim is a well-known corporate figure in Malaysia. He is the Chairman of the AmBank Group, a position he has held since 1982. His professional experience began in Perth, Australia in the 1950s when he was employed by Messrs O. L. Haines Co (Chartered Accountants). He then joined Bank Negara Malaysia and by 1964 he left to start his own accountancy practice. Then he joined Malayan Banking Berhad as its Executive Director. In 1980 he was appointed Chairman of Kwong Yik Bank Berhad and went on to become Chairman of the AmBank Group in 1982 till to date. Tan Sri Azman has a passion for golf and water sports like powerboats and scuba diving. He is blessed with two sons, three daughters and ten grandchildren. Tan Sri Dato’ Sri Liew Kee Sin Tan Sri Dato’ Sri Liew Kee Sin is the President and Chief Executive Officer of SP Setia Berhad, a public listed property developer. Under the leadership of Tan Sri Dato’ Sri Liew, the Group’s profit after tax rose by 163% and its dividend payout ratio grew 100%, all within a short span of five years between 2001 and 2006. Tan Sri Dato’ Sri Liew began his career with a local merchant bank in 1981 after graduating from University of Malaya with an Honours Degree in Economics. After five years in the banking industry, he decided to venture into property development and developed his first project called Bukit Indah in Ampang, Selangor. How to cite The Most Admired Corporate Leaders in Malaysia, Essays

Human Trafficking in the U.S.A free essay sample

Human trafficking is also called modern day slavery and is defined as holding someone illegally and against their will by form of deception and coercion and turning them into laborers and prostitutes without paying them. It is hard to believe that in the twenty first century, slavery still exists especially here at home and right under our noses. This has been an ongoing problem since the nineteenth century. A lot of people were trafficked into the United States and sold as slaves. Back then there were no laws that stated that it was illegal to traffic human beings and turn them into slaves. It all starts with a walk through the park in a remote part of Mexico. A young girl named Paloma is taking a stroll to get away from all the stressors in her life. Her mother is very ill and they cannot afford to get her better medical treatment because they are very poor. They live in a shack in Mexico and Paloma has endured a lot of abuse and struggle in her short life there. She was born into poverty and has withstood a lifetime of struggle and this has made her develop a hardy personality. She believes she can face the challenges and come out stronger and better in order to be able to get her family out of indigence. Paloma is approached by an older gentleman who presents himself as an outstanding, prominent businessman with a lot of businesses across Mexico and the United States. He promises her a great escape from the impoverished life she has led. He promises her an education and a job which will help her pay back the money she would owe him for getting her to America. The sixteen year old lady is smitten by the offer and accepts it without even thinking twice. All she can think about is getting her family a better life than what they have been living. Her prince charming has emerged from nowhere and has come to save her. Little does Paloma know that when they arrive to the United States she is going to be a victim of human trafficking rather than the educated secretary that she thought she would be. She ends up being held captive for six months in a dinky apartment in a place that she cannot recognize and forced to submit to the man’s demands and needs. Paloma ends up cooking, cleaning and being raped by her captor. He threatens her family with harm and takes all her documents in order to prevent her from escaping. Her prince charming has turned into a beast. During the turn of the century, human trafficking has become inhumane and a lot of people want to be free and live on their own means. Most of the captured slaves back in the day lived in their â€Å"masters† compounds and could not own anything or even have the right to vote. The creation of the 13th. Amendment which state that Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. , slavery has been formally abolished. The United States has created a law to prevent and protect the victims like the Trafficking Victims Protection Act (TVPA) of 2000 which was signed into law by President Bill Clinton. According to Dr. Potocky who is a specialist in refugee resettlement, human rights, international social work, and research methodology â€Å"TVPA focused on international trafficking, including reducing trafficking globally, providing assistance to immigrant victims of trafficking in the United States, and prosecuting traffickers† (Potocky 373). Human trafficking has been a major social injustice and the United States must do more to combat it because the laws are not being enforced properly, it is continuously increasing, and this is due to weak penalties. The TVPA was established in 2000 and was supposed to protect victims of human trafficking and it has yet to curb this crime. Also, statistics show that the number of victims has continuously increased since the mid-1990s and the number of convictions and arrests of traffickers has declined. There are thousands of people in this country who are still going through torture and abuse with no place to turn for help. Lack of enforcement. The TVPA has been amended four times in 2003, 2005, 2008 and 2011 but its application and adaptation has been a joke. To support this claim, research shows that the government is worried about messing the relationship with other countries if they put stricter laws to combat trafficking. The government does not want to put it as number one in their political agenda. As the author Feingold asserts â€Å"United States sanctions will likely be applied only against countries already subject to sanctions, such as Burma or North Korea† (Feingold 30). This shows that the United States government is scared to threaten countries like China or Saudi Arabia because they do not want to mess the political and economic relationship with them and are just willing to sanction the countries they do not get along with. The laws which are already in place like the TVPA are not strongly enforced making it easier for smugglers to get away with the crime. This is due to corrupt law officials, judges and prosecutors. Human trafficking is a high profit â€Å"13 billion dollar† organized crime industry according to a theological ethics professor, Tran. A lot of these criminals are rendering bribes to the officials and in return, they are getting their cases tossed out. So, instead of the police protecting and serving the victims as they are sworn in to do, they are associating with the traffickers and making money out of this crime. This kind of greed pushes way the victims and they get scared of approaching law enforcers to report this type of crime. The author Tran is surely right about the bribery because a lot of sources like Tran, Hodge and Kara have shown that a lot of trafficking crimes are being fuelled by corrupt people in politics and law enforcers. The victims are also scared for their lives because of constant threats and intimidation. Many victims believe that the police are corrupt individuals and are as scared of them as much as they are scared of their captors According to Hodge, an associate professor in the School of Social Work at Arizona State University and who has also written widely on social justice, cultural diversity, and social inclusion, â€Å"Another way to help protect women and children is to advocate for stricter penalties for traffickers and consistent enforcement of existing laws† (Hodge 15). He asserts that in order to stop the act of human trafficking in the United States, the laws put forth need to be taken seriously and strongly enforced. Until this is done, the victims are going to keep on suffering in the hands of their captors without much or any help. To counter this argument, some research claims that the united states has thoroughly enforced the laws set forth to combat human trafficking. When it comes to human trafficking, the United States needs to amend stricter laws to combat it. This is because human trafficking has been on a steady rise since the 1990s until now. Although this is true that organized crimes are involved in human trafficking, it is nevertheless also true that it mostly involves simple, next door, disorganized criminals. According to Feingold who is a director of the Ophidian Research Institute and international coordinator for HIV/AIDS â€Å"there is no standard profile on traffickers. They range from truck drivers and village â€Å"aunties† to labor brokers and police officers. † (Feingold 28). The author’s theory is useful because it sheds light on the fact that anyone can be a trafficker without being involved in a big gang. There are many people like the man who charmed Paloma who are regular people with smooth antics to lure people. Paloma was not kidnapped; she agreed to leave with the man voluntarily in hopes of bettering herself. Family members from destitute families also sell their children and spouses in order to get dowry to survive on. Feingold concedes that organized crime bosses like the late Pablo Escobar are not easy to find. Even if they are involved in human trafficking, they are most likely to be purchasers than transporters. There are a lot of factors that provide a breeding ground for traffickers by taking advantage of the desperate people. According to Kara who is an author, activist and one of the worlds foremost experts on modern day slavery and human trafficking, economic instability, lawlessness, corruption, war and poverty keep on promoting human trafficking. The people are prone to be victims because they are willing to listen to the criminals in hopes of having a better life but at the end they end up falling victims of modern slavery. On the other hand, the author Hughes who is a leading international researcher on human trafficking maintains that â€Å"prosecution declined in the 1990s even as exploitation of women and children on the internet has increased† (Hughes 121). This goes to show that Kara and Hughes both agree that human trafficking has been on the increase in the last decade and a half. To further support this claim, research on human trafficking has been done by some researchers but my best evidence comes from The Journal of International Migration. Authors Gozdziak and Collett are well known researchers who have reviewed existing literature on this topic and come up with startling facts about it. The article claims that â€Å"there are a number of slippery statistics going on and they are all from the U. S State Department† (Gozdziak et al 108). For years the government has been producing quoted estimates of the number of trafficked victims but they are not revealing the methods used to get the data. The numbers have been revised three times between the years of 1999 to 2003 and there is a significant difference in numbers. The surprising fact is that a lot of agencies both local and international are using this statistics instead of conducting their own independent research. Every time the Department of State gets questioned about the differences in numbers, they just say that it is improved methodology which is creating the differences without giving the exact way they come up with it. In the review done by Gozdiak and Collett â€Å"the number of trafficking victims entering the United States has been revised at least three times: down from 45,000 to 50,000, a figure reached by the†¦.. (CIA) in 1999, to 18,000 to 20,000 victims reported in 2003, and even further down to 14,500 to 17,500† (Gozdziak et al 108). This goes to show that the government itself is not sure about its faulty statistics and research is also not backing them. In support of this claim, more research needs to be conducted to find out where the government gets their information. This is because most of the sources that are being used in this paper do agree that the figures 14,500 to 17,500 victims in the United States are basically unaccounted for. The author Potocky agrees that the methodology used by the State Department has not been detailed and that the estimates simply disappear from the department’s annual report. None of the other sources have come forward and supported Gozdziak, Collett and Potocky’s claim that the data is incorrect and messy. Also the United States tends to concentrate more in protecting their borders than stopping prostitution and trafficking. They are more concerned with illegal immigrants getting their way into the country and amending stricter U. S immigration policies. While this is a good way to protect the country, the United States is not taking into consideration the fact that this is encouraging human trafficking. According to Tran â€Å"Unfortunately, this focus on security works to the benefit of organized traffickers† (Tran 3). By focusing on homeland security, the government overlooks the deeper issue of trafficking because the illegal immigrants end up putting themselves in the hands of smugglers and end up being snuck into the country and ending up as victims of trafficking. Those unfamiliar with human trafficking may be interested to know that it basically boils down to the counterargument of whether the United States has enough resources to combat human resources. The truth is that the United States claims that it does not have enough financial resources to combat this type of crime. According to the Department of State website â€Å"Through targeted foreign assistance, the TIP Office funds programs that address human trafficking, the act of obtaining or maintaining another person in compelled service. † (Baca). The state has been looking for grants from other nations to help combat trafficking. When the grants are allocated, they hold a grant competition and different organizations compete for the money with the exception of for profit organizations. The organizations have asked for a total of 95 million dollars in funds but the state budget is only 750,000 dollars. With this kind of figures, how do we expect the United States to combat human trafficking? Another problem is the fact that the United States only convicts a small percentage of traffickers compared to the huge amount of victims here. Potocky agrees when she writes that â€Å"When U. S attorneys decide to prosecute a†¦. case, the conviction rate is very high: 96%. However, U. S attorneys decline to prosecute app†¦60% of†¦cases† (Potocky 375). She also asserts that â€Å"between 2001 and 2007, there were 449 federal prosecutions and 342 of them were human trafficking convictions. † With this trend going on, the only conclusion is that there is a big problem with prosecution of the traffickers. Feingold supports Potocky’s claim by stating that from the year 2001 to the year 2003, â€Å"110 traffickers were prosecuted but only 77 pled guilty or were convicted. † The reason that the trafficking convictions are so scarce also lies with the mindsets of the victims. According to Hodge, â€Å"the victims are scared to testify against the attackers because most of the traffickers get out of jail soon after their arrest. † Author Davis who has been involved in the fight to end modern day slavery since 2003 when he became the Goodwill Ambassador for the organization Face to Face Bulgaria claims that traffickers are also very hard to track since they move their victims from one place to another.. Paloma on the other hand is a very lucky girl because she managed to escape her captor and is now in witness protection and lives here in America, fighting to rescue victims of human trafficking. Not everyone has the chance to escape alive because if they are caught, death is the only choice they have. The United States needs to come up with other solutions to combat this heinous crime and some people have suggested legalizing prostitution. Some countries like Netherlands have legalized adult prostitution and the results have been a significant increase in child prostitution according to Hodge. The State Department agrees when they write that, Where prostitution is legalized or tolerated, there is a greater demand for human trafficking victims and nearly always an increase in the number of women and children trafficked into commercial sex slavery. † (Feingold 28). So this is not a solution to the problem but just adding fuel to the fire. Sweden has the â€Å"Swedish Model’ which is a law that was put forth to combat trafficking. The law criminalizes the customers who buy sex instead of the prostitutes while in Thailand, they opt to extend labor and social security laws to the sex workers. Both countries have a large group that opposes and assert that these kind of laws will increase trafficking and criminals. The United States does criminalize people who sleep with prostitutes and also arrest any party involved in the act including the prostitutes themselves. Make human trafficking zero tolerance to where anyone caught trafficking or helping someone who is a trafficker is put away for good or handed hard labor. Educate the social workers and law enforcement officials on how to better detect victims of human trafficking. This is because there are a lot of victims who are being arrested and deported back to their prospective countries because they are mistaken for just illegal immigrants. These victims are not given a chance to explain themselves because this is a very judgmental country and just your accent can make anyone suspicious. How many times have people been discriminated against because they looked different and talked different? We all live in a world which is unjust and unequal. People are just marred by greed and end up forgetting the morals they were taught when young. The government is too busy with bad politics and covering their tracks instead of protecting its people, the laws of our country are becoming an abomination because of lack of enforcement. Young innocent girls like Paloma, people’s mothers, husbands, and children are being tortured and abused all in the name of making money. It is up to our country to establish better laws and enforce them strongly in order to end human trafficking. The government needs to make the laws so tough to the point where no one would want to break them. Instead of giving traffickers a year or five in prison, give them a lifetime sentence because they are denying other humans a right to freedom. Let everyone put themselves in Paloma’s shoes and think of what she went through. It is not only the government which should take steps to stop this atrocity but for all the citizens of this nation. Educate each other about the morals of society by holding informational meetings and inviting victims and task force members to speak at schools and other functions. Look out for the people who work around you and learn to identify a victim from how they behave. The victims can be the workers in the strip clubs you frequent, or a maid in a friend’s house or a dish washer in your favorite diner. Also, look out for those false front agencies, massage parlors and brothels which are set up to lure victims. With the community helping to combat human trafficking, the government should have the sense to amend stricter laws to end trafficking and put forth enough money to help the agencies which are working hard to end it. Let the modern day slavery come to an end before you fall victim of it yourself, it is a small world and what goes around, simply comes back around. You might escape it but what about your children. No one wants slavery to be legal again, so why should human trafficking be condoned?