Playing with the lung of the world

What do we know about the largest rainforest in the world? Find out more from the former Brazilian Minister of Environment, Marina Silva

In the Brazilian Amazon, between 2000 and 2008, 150,000 square kilometers of rainforest were cleared. Although deforestation have slowed since 2004, it will continue to be an issue. The top two causes for deforestation are cattle ranching and infrastructure.

Historically, cattle ranching is responsible for much of the deforestation in the Amazon. Between 1997 and 2003, land clearing for pastures increased. In that time, Brazil became the world's largest beef exporter. Four-fifths of this growth happened within the Amazon. Brazilian cattle production’s 80 growth in 2003 is also attributed to the exploitation of the Amazon rainforest's resources. Deforestation is also caused by road construction. Roads make logging and mining sites accessible and gives the rural poor a path to enter the Amazon. Then, poor and landless farmers are able to exploit the rainforest by using it as free land for subsistence agriculture. Logging roads is allowing colonists entry to the heart of the Amazon and they proceed to exploit the region for temporary agricultural lands. Satellite data in 2004 showed an increase in deforestation along the BR-163 road, a highway paved to help soy farmers get their crops to export markets.

Deforestation results in the loss of forest cover which disturbs the climate. Trees are absorbers of atmospheric carbon dioxide. Thus, living forests such as the Brazilian Amazon has a significant impact in the lobal carbon cycle. Substantially cutting the Brazilian Amazon has already affected Brazil. Brazil had the second most rapid growth in carbon emissions in Latin America at the rate of 220% between 1970 and 1977.


Globalization has caused national governments to abandon protection laws and regulations because of the need to be competitive. In Latin America, globalization has and still is driving a great deal of deforestation. Brazil is a prime example. There have been few protections for the environment on the vast forest reserves. Environmental regulations barely exist as a result of globalization. In an international struggle to remain competitive, many nations have lowered their standards. Former President Cardoso increased the maximum area of land landowners can use for commercial interests from 50% to 80%. This encouraged the poor farmers from the North to move to the Amazon for subsistence farming. His changed policies opened up the Amazon region to colonization. This effectively opened up the Amazon region. Brazil’s land costs are half of that of United States. Thus, foreign direct investment began to increase exponentially. Brazil’s competitive edge in comparative costs of production is helped by government incentives. In soybean farming, it was a success; supplied 10% of soybeans in 1970 to 50% of the global market by 1980s. Overall costs are lower for Brazilian production than for United States production which was Brazil’s main competition. The Brazilian government's planned transport infrastructure for the Amazon is designed to expedite and decrease costs for exporting the region's natural resources. 


Brazil: A Developing Country
We must first consider what developed countries have done to save the environment. Countries such as Canada and the U.S. have made attempts to stay competitive in the logging industry. Canada has employed the practice of dumping in selling below-market prices for timber from public lands. Its national government has provided subsidies in response to global competition. These nations focus primarily on competing internationally. Brazil, being a developing country, is more in need of developing a competitive and comparative advantage. Our abundance of natural resources is responsible for our economic growth. If we are no longer able to take advantage of the Amazon forest’s resources, we will need financial aid from developed countries to improve our environmental standard.

Avanca Brasil
The Brazilian government are implementing development activities under the provisions of Avanca Brasil (Advance Brazil). I fought against this development plan as I felt it will fuel more deforestation. It will pose new threats to the Amazon basin. Many infrastructure projects ranging this important ecological region is said to increase economic development through road paving, river channeling, and energy production. The Amazonian road network will benefit Brazil economically because it will encourage foreign investment in Brazil. Meanwhile, it will make the region more susceptible to forest destruction. What also shocks me is that key environmental agencies were excluded from planning these developments. The Ministry of the Environment was unable to give input. The primary reason I resigned from being the Brazilian environmental minister is due to this program. The way it is being promoted to the public is misleading as it can have detrimental impacts on their future. We need a more long-term plan, this will only advance Brazil in the short-term. Developing plans for sustainable development is critical. Measures have to be implemented before the environmental impact is irreversible. By then, if the government have not protected the Amazon region through sustainable development, not only Brazilians but the world will suffer. Highways, roads, logging projects, and colonization are the causes of deforestation. The completion of this development program, will upstart destructive trends. It will be a setback to the progress Brazil has made. Ultimately, the global community will suffer the devastating effects to the forest.

Cultural boundaries
One Hofstede cultural dimension relating to the ethics of deforestation is uncertainty avoidance. Brazil, as a society, does not tolerant uncertainty. The government must inform the public that there is no need to feel threatened by efforts to promote conservation planning in the Brazilian Amazon. If the mass is educated on the organization and structure of these policies, it will avoid their low tolerance for uncertainty. If Brazilians begin to understand there are no absolute truths and that their ways of thinking may have flaws that should be altered. This would advance progress of conserving the Amazon. In my opinion, the government should take small steps towards change. At first, it will be hard as Brazilians find it difficult to change their beliefs. However, it is important to take these steps in order to adjust the ethics of our society. Brazil is beginning to modernize and the high rate of change could have growing concern for the lack of a predictable rate of change. Although Brazilian moral principles may not be of Western standards, the Brazilian society need rules or controls to eventually adjust to morals different from their own. It is a tendency of a high uncertainty avoidance culture to have many rules to control behaviour. It is not usual to impose more laws or regulations to guide thinking.

The large power distance of the Brazilian society signifies that inequalities of power and wealth have been allowed to develop. This is due to the large population. The difficulty of achieving an equal standard of living is higher when there are more people. The poorer people of the North have had to compromise their morals to attain what they want through legitimate means. They would prefer to go to the Amazon to pursue a living and for land at the expense of harming the environment. In a culture with large power distance, the government has the power. Its decisions will be accepted. People will grow to adapt to what those in power believe. The public is less likely to challenge than accept what the government support because of the power it holds. Thus, government is able to dictate ethics rather than people deciding for themselves.

Who is involved?
The continuous harmful changes to the Amazon impact several stakeholders. The primary stakeholder affected is the Earth, our planet. Current and past misguiding government policies and development strategies that encourage further exploitation of the Amazon for commercial interests causes the most damage to the environment. Thus, it is important to implement new policies which will ensure the environment will be protected at a certain level. For the foreseeable future, the planet needs comprehensive agreements and law against climate change and for reducing carbon dioxide emission. The Brazilian Amazon is the largest rainforest in the world. How ever Brazil decides to act, the world will be affected. Looking to the future, the world needs a long-term solution. I believe the first step would be establishing comprehensive climate regulations and supplying carbon-free energy sources. Tomorrow's industrialists must realize that it is profitable to reduce emissions by funding conservation/sustainable development programs. While I am no longer Brazil’s environment minister, I will remain a vocal champion for the environment of my planet.

Alternative model for development
As for a model for Amazonian development, I would suggest creating measures, economic and non-economic, to reduce climate change. For measures limiting climate change, the key is preservation. Guyana's minister of foreign affairs voiced her agreement at the Copenhagen Conference by saying, "the fastest way of reducing carbon emissions is keeping the forest alive." She explained that, "all of the other measures we could take would take technology, time. But this we could immediately... We just [have to] stop cutting." Satellite imaging and carbon measurements are useful technologies to track the process. However, to conserve the forests, incentives [economic and non-economic] must outcompete alternative activities. Foreign companies must invest in sustainable forestry as it will encourage the Brazilian government to limit carbon emissions. Brazil must also build partnerships with wealthy developed countries. This can help establish a financial transfer mechanism and create a system which can measure, monitor, and report changes in forest cover. These are beneficial for Amazonian development while letting Brazil maintain control over its resources.

Multinationals, NGOs, Consumers
Multinational corporations can gain trust of consumers by promoting a cleaner environment. Under pressures to stop deforestation, they can decide which approach to take to Corporate Social Responsibility. As consumers can exercise their power through shopping ethically. Their opinions can influence decisions made by companies concerning the global environment. Consumers are vying to become aware of how products they purchase’s impact on the world. Their buying choices can encourage companies to clean up its act which would prevent themselves from feeling the effects of global warming and extreme climate changes. Civil society has publicly opposed deforestation in the Brazilian Amazon by supporting environmental organizations that are non-governmental like Greenpeace. Greenpeace is one of the environment groups which campaigned to stop various causes of deforestation. Greenpeace’s campaign against cattle ranching was the turning point from which companies took action. Brands like Nike, Adidas, and Clarks which were using Brazilian leather from cattle raised in the Amazon are now committed to "zero deforestation in their supply chains" along with Princes, the makers of beef products. They are the four biggest players in the global cattle sector, and all of them have chosen to take a proactive approach to Corporate Social Responsibility.

Ethical standards
These multinational corporations have taken initiatives against the values and practices of Brazil. They believe certain absolute truths apply everywhere and deforestation is wrong according to Western ethical standards. In this case, the MNC’s chose to lean towards ethical imperialism as the solution to this ethical issue. Other countries are pressuring Brazil to change its ways. "Morality is as genuine a human universal as is language. All cultures have moral systems." They believe the idea of separate but equal cultures no longer accurate in that cultures are not separate; they exist in the same space. One nation’s actions will affect other countries. However, as a Brazilian, my belief is that the private and social gains need to be balanced with the environmental losses from deforestation. We must consider the tradeoffs between economic activity and protection of the Amazonian forests. Brazil is enforcing Avanca Brasil which is working towards change, but also satisfying demands from other nations. These nations have been pressuring Brazil to conform to what they believe to be ethically right. Meanwhile, companies from the U.S. and China are following the practices of the local setting by expanding their pastures in the Amazon. That is detrimental to the environment. If the world expects Brazil to follow a development path that is different from its current one, then the costs will be substantial. Currently, a number of international initiatives are promoting conservation planning and sustainable development. The most significant one is the Pilot Program to Conserve the Brazilian Rainforest. G8 nations will channel USD $340 million into land-use planning, extractive reserves, and more. There also are bilateral programs between the Brazilian and other governments. Collectively, these programs involve hundreds of millions of dollars. The investment, in my opinion, would be worth it. The fate of the greatest tropical rainforest on Earth is at stake. Without it, we would lose the lung of the world.

Future
As a Brazilian, I hope that we can implement change for the future. We would not want to witness a near-complete destruction of the world's few remaining forests and the globalization of suicidal standards. Unless urgent action is taken, the Brazilian Amazon could lose an area the size of Denmark in the next 18 months.

Blood diamonds

Blood Diamond

Who finances civil wars, massacres, and slavery in South Africa? Everyone under the influence of De Beers. This dominating force in the diamond business has become an empire as it built a monopoly. Rarely are companies this successful through two centuries. But, De Beers has invested well and created perhaps the most successful campaign of all time - A Diamond is Forever. Nowadays, they have kept the value of diamonds higher than commodities made from gold, oil, and every other natural resource while they obtain the raw materials for very little. Production is overseen properly as well. Meanwhile, De Beers reserve inventory through the Central Selling Organization and control the diamond market. Worldwide, people are exploited by the marketing tactics of the cartel to the point where the company are capable of measuring our enjoyment.

Production and resources

Contrary to common opinion, the discovery of a valuable natural resource in an area where the central power is weak renders a negative economic repercussions rather than positive. Then, economic growth is stunted instead of growing. Civil unrest in many countries, including Sierra Leone, as shown in the film, began and was prolonged because of the struggle to obtain certain natural resources (Olsson, 2004). The diamond empire, De Beers, is the cartel owned by the Oppenheimer family. They are responsible for 90% of the world’s diamonds. Some of these diamonds are conflict or blood diamonds. Many of these originate from rebel groups’ illicit diamond trade in areas not controlled by De Beers. Brutal tactics employed has resulted in countless civilians’ deaths. Over the years, 3.7 million died in Africa’s civil wars (Africa Action, 2000). When a large percentage of the population die, the production possibilities frontier of that area decreases. Thus, the overall potential of the economy decreases in the long-term. Clearly, companies find it easier to acquire their resources from countries that has a weak institution because of their lack of power over preventing corruption within the government. It could be a result of the countries not being ready for such a resource. Because with no strong central institution, there is weak regulation. That is the reason why diamonds are being smuggled and why rebel groups like the RUF succeed in their movements. Over the past century, diamonds’ value as a natural or mineral resource has risen (Olssen, 2004). Thus, the crystals of carbon can be sold for incredibly high prices as seen in the movie, Vandy sold the pink diamond for around 2 million dollars (Olsson, 2004). Without these rough diamonds, commercial diamonds cannot be developed and made. Finished products require necessary resources or inputs. Rough diamonds were being sought for throughout the film (Zwick, 2006). Additionally, production of resources employs human resources or labour which is actually their greatest resource. People could be of market or technical expertise (Cuizon, 2009). The RUF raided villages to gather the natives for human labour. Another essential component of production is capital. The industrial factories where diamonds are modified - cut, shaped, and polished - make use of human-made goods to assist in production. Looking at the marketing role in production, entrepreneurship and technology are significant. De Beers is limiting production to decrease supply and increase the market price of diamond. Also, they fostered an inelastic demand which means they has full control over the price. The company is controlling the resources (diamonds) in the market (the world) to control production. Because rebel groups like RUF supply the De Beers with the factors of production they require, De Beers are the dominant force in South Africa. And that is a problem for the black natives. They, the labourers, are not receiving the income. With the diamond revenue, the RUF rebel groups had funding for their movement to capture civilians to obtain more resources (Olsson, 2004).

Scarcity, opportunity cost

De Beers manipulated the public to perceive the illusion that diamonds are scarce and valuable to increase demand. The public’s desire for diamonds only increased after false marketing using celebrity endorsement in Hollywood concerning the reality of diamonds’ availability and intrinsic value. But, diamonds are not rare. Diamonds are carbon and carbon is everywhere (MacFadyen, 1994). Meanwhile, when people are given the impression that a resource is rare and of value, a decision must be made to sacrifice one good for another. A business like De Beers, or Van De Kaap as known in the movie, used scarcity as an advantage. Through the Central Selling Organization, De Beers propelled people to sacrifice other opportunities for the diamond industry. The profit margin of diamonds became and still is extremely high. Thus, people are willing to overturn their farm land to search for diamonds which means that the overall economy in the area becomes troubled as everyone moved to work in the diamond industry. Other sectors like farming are abandoned. The land that could have been used for farming or schools were turned into diamond mines. Better education or alternatives to mining for a living were the opportunity cost. Not to mention, the country’s possible production frontier could have increased due to an increase in social well-being. However, most people used their efforts to enhance a industry where they have no control because only a select few have power (MacFadyen, 1994). Natives of South Africa like Danny Archer started to earn their living in the diamond trade because of the high stakes. Natives were willing to forfeit all other forms of earning money in harvesting diamonds. Ultimately, De Beers gains human labour, land, and natural resources. The sacrifice is many lives and eventually, civil wars. As seen in the movie, it is due to battle between the government and rebel groups whose aim was to become wealthy by enslaving natives to work in diamond mines (Zwick, 2006). Unfortunately, the government was overpowered by the RUF in Sierra Leone. But, the RUF did not want to rule the country, they only wanted the diamonds (Olsson, 2004).

Utility

One of the primary reasons diamond companies like Van De Kaap or De Beers feared the marketplace being saturated with diamonds and tried to restrict the amount sight holders had to sell is because of utility. As quantity of a good increases, satisfaction or utility experienced by consumer decreases. Rarity is key to diamonds’ value. De Beers will calculate the number of marriages worldwide and adjust the amount they will distribute to sight holders accordingly (MacFadyen, 1994). They aim to hit perfect peak to maximize utility. Reaching that peak increases their profits and growth in popularity. Even the high price of diamonds do not lower demands to indulge on them. The worth of diamonds symbolizes the value of the receiver to the giver. Thus, if many people are able to afford diamond jewelry for very little, then the symbolism of diamonds as wealth, prestige, love and devotion will become non-existent. Once diamonds are saturated into the market, the price will decrease (Emerling, 2000). Thereby, decreasing utility which has never happened to diamonds. The precious and eternal qualities of diamond relies on the Central Selling Organization to restrict the quantity available to the sellers and in turn, the buyers. In Blood Diamond, Archer claims that De Beers has control over mines in Sierra Leone to prevent an abundant supply of diamonds into the open market which can undermine control of the cartel. But, De Beers’ influence is much deeper. They indirectly created the environment in Sierra Leona. Due to diamonds’ high utility, Sierra Leone’s inhabitants gave up other sectors for the diamond industry. That created an imbalance and therefore, a decrease in PPF which contributes to their declining economy. Furthermore, the marketing campaign - A Diamond is Forever - would not have worked if utility was not maintained throughout the century by the CSO. In a short period of time, demand would have decreased. Diamonds would have lost their status symbol and all the sentimental reasons for which people purchase them (Emerling, 2000).

Whether the De Beers’ grip on the world will loosen is still unknown. Meanwhile, consumers can change their viewpoint on the importance of diamonds in our culture to reduce utility. All the while, the De Beers will be less likely to create artificial scarcity for the public who are not disillusioned anymore. Effects on the African economy will be seen immediately as production will decrease and those who left behind their families to pursue a life of wealth will return to where they belong. Soon enough, there will be workers in the fields and the natural resources sector will not be limited to diamonds. Although the diamond industry should continue, Africans must be depend solely on it alone. To prevent smuggling, De Beers should stop buying indirectly from countries like Liberia and set up offices where diamonds are mined. In places like Sierra Leone, theft and corruption would greatly decrease if De Beers bought diamonds of local origin. Hopefully, other sectors (i.e. farming) will become established to replace mining and build a more stable economy. The crucial factor is not in the economics, but in the politics. South Africa is in need of good governing and new reforms. Natural resource issues originated from the leaders who cared only for themselves, and neglected their fellow countrymen’s needs (MacFadyen, 1994). In Sierra Leone, the new president has to promote Sierra Leone’s institutional capacity for conflict prevention and be able to take charge of the country. First, any rebel movement must be stopped. With little control, the RUF did what they liked and caused many deaths and long-term decrease in resources. The country needs leadership and in particular, the desire for change and someone to bring about their hopes. Establishing the rule of law would enhance human security and bring the continent peace. The civil society require an able police force as well as a well-trained army. With that said, employment is the biggest problem South Africans face. Sustainable land reclamation projects could be started. Creating alternative livelihoods for the natives is also necessary to rebuilding South Africa and stopping diamond mining altogether (GPF, 2007). The natives have survived before the diamond trade, and must be dependent of it while continuing on living.

Works Cited

Africa Action (2000). Africa Policy. Retrieved March 6, 2009, from <http://www.africaaction.org/docs00/dia0007a.htm>

Blood Diamond. Dir. Edward Zwick. Perf. Leonardo DiCaprio, Djimon Hounsou, and Jennifer Connelly. Warner Bros. Pictures, 2006.

Cuizon, Gwendolyn (2009). What is Production. Retrieved March 6, 2009, from <http://product-quality-control.suite101.com/article.cfm/what_is_production>

The Diamond Empire: Oppenheimer family's cartel, Artificial scarcity. Dir. Gavin MacFadyen. With Edward Epstein, Thomas Helsby, and William Goldberg. WGBH Educational Foundation, 1994.

Olsson, Ola (2004). Conflict Diamonds. Retrieved March 6, 2009, from <http://www.ioes.hi.is/events/DEGIT_IX/Papers/Olsson.pdf>

Emerling, Susan (2000). Not Forever. Retrieved March 6, 2009, from < http://archive.salon.com/business/feature/2000/09/27/diamonds/print.html>

Global Policy Forum (2007). Peacebuilding Efforts in Sierra Leona Must Address Natural Resource Goverance. Retrieved 7, 2009, from <http://www.globalpolicy.org/security/issues/sierra/2007/1010gwpbcs.pdf>

mask

Anita and Patti wearily shuffled down the stairs to the two waiting tour guides. Today was the end to a roller-coaster ride the girls have ridden for two weeks. A dark silence was complemented by hung heads and heavy steps as they embarked on a final trip to sightsee the wondrous city of Lima. Museo de Oro del Peru was the last stop.

Patti, in a quick walk-around around the museum, spotted Anita staring up to a glass screen shielding a treasured artifact.

Anita was observing how her reflection paled in comparison to the light catching the shine of the gold and silver. The polishing did, in fact, cause the surface of the mask to gleam. She knew if she peered inside it, its underside would resemble its outward appearance. The tour guides claimed that Peruvian art was made to be representative of status inside and out.

Slowly, Anita straightened her body. It had been hours since entering the museum.

Meanwhile, Patti came from behind to say, “So this type of masks is worn by the wealthy and the powerful because it symbolizes status?”

Anita looked back to say, “Yep. And for distinguishing lower classes from the powerful which then divided society.”

Patti added, “I’m glad that nowadays, people do not wear this form of jewellery because we emphasize equality.”

Then, they returned to viewing the overwhelming quantity of pre-Columbian gold pieces from the Incas and pre-Inca civilization. Anita, in particular, thought about the good shape these masks were in, with no sign of wear.

Anita sat there analyzing the mask until Patti tapped her hand to bring her attention to the tour guides. They revealed that the exquisite gold mask was most likely left undisturbed by Spanish conquistadors and grave robbers. Adding that, only a wealthy leader or royalty could have adorned this mask. Due to its elaborate design and intricate execution, this mask was reflective of Sutton Hoo burial masks. Both the Inca and Anglo-Saxon craftsmen skilfully carved clean lines and drawings which were the results of intricate tooling.

Suddenly, Patti saw Anita fumbling to find her iPhone. When she did, panic seemed to overcome her. Patti leaned over to see the time displayed on the screen. Was it really 7:30 p.m.? They had to return to BaseCamp. Anita needed to be there to wait for her ride to the airport.

When Patti and Anita finally reached BaseCamp, fifteen minutes later, a cab was waiting. Anita knew she had only minutes before the taxi driver would leave. Crying, the girls embraced one last time.

On a night like that, Anita realized why it meant so much to ancient Peruvians to be buried with art. Art serves as symbols, representations of ourselves, and we all want to be remembered. After all, we are born. We live for a little bit of time, and then we die. At least, these mummies were able to preserve their identity using symbols of status and wealth.

Interpretations of History

Interpretations of History

There are different ways of "seeing" history - or putting together the facts to create the story of what happened

The main interpretations that try to create one version of history:

1. The Great Man Theory
- history is the result of the actions of great men
- eg Nelson Mandela is responsible for the end of apartheid in South Africa

2. Marxist Theory
- history is the result of the struggle between the classes
- there is always a power struggle between the ruling and the working class
- eg the civil rights movement is the result of the oppressed lower classes rising up against the upper ruling class to change to status quo

3. Radical School of History
- history is written by the victors and for those in power
- history is biased by omitting the weakness of those in power and making those who lost seem evil
- eg WWII waas won because the Germans were evil and racist

4. Progressive Theory
- history is not a random series of actions but is constantly moving towards making society better
- goes hand to hand with the idea that all of history works in a cause and effect way
- eg the Reformation caused people to read the Bible for themselves which caused increased literacy which led to increased philosophy. People then questioned the system of government, democracy was started, and led to increased human rights, etc

The main interpretations that accept variations in history:

5. Post-modern Theory
- there cannot be one true story because there is no such thing as objectivity
- power is found in language and history is shaped by the language we use to tell it
- therefore, history is open to interpretation and changes according to who is telling it

6. Feminist Theory
- history has been written by men, leaving out women's place in the world
- because of this, history has focused on politics and economics, ignoring social history
- feminist historians often focus on the struggle between men and women to gain power and recognition

7. Post-colonial Theory
- history has been written by the West, leacing out the voices of the colonized
- post-colonial historians write about the experience of those in the margins, especially during the colonial period
- most post-colonial historians focus on how the colonized were oppressed, how their culture was changed, and the legacy of colonization on the world

opheliaaa

Elizabethan beliefs

Flowers’ meaning
Ophelia represented the floral motif. Being a female in a kingdom filled with chaos and deceptions, the innocent Ophelia was suppressed by manipulation to obey to the main men in her life, her father and brother.

§ Ophelia dances around and sings songs that are difficult to understand but are full of meaning. During the Elizabethan era, flowers were used to fend off bad spirits and also to symbolize ideas. Ophelia shows how she feels about the people and situations surrounding her through distributing flowers.
§ With the willow tree and flowers, Ophelia attempted to artificially reconstruct the court at Elsinore as the natural world.

Christian burial

Hamlet’s eulogy to Ophelia

Ophelia--I caused your mind to lie in pieces before us. I was not aware this is your burial. I -I-I did not know you died-ed and I had just stumbled upon this by accident. In the midst of my troubles and agonies, all affections appeared futile. My love for you was hopeless, and I had to avenge my father’s death. I could not reveal to you how my life and purposes have changed. I then played the madman most to you, the cruelty warranted by your obedience. Under the command of your father, you betrayed me. You let your brother and father convince you to deceive me. Any willfulness you had was overridden by your father and brother’s demands. None of your acts stemmed from your will. But you unknowingly acted as bait to hook me to into a death trap. And I rebuked you for your betrayal. I see now you were victimized by the actions of those around you. Through it all, you were loving, innocent, and simply obedient. Perhaps, Ophelia, you were too virtuous for this corrupt world. And to think, the world could have corrupted you as it has corrupted my mother. Even before your death, Polonius, your “fishmonger”, used your sexuality for his purposes. Such outward circumstances separated us. You doubted my love and believed me to be insane, and I doubted womankind and believed you to be contaminated by your father, Claudius. But you did become his willing agent. That is why I warned you to fly from the contamination of this world to a nunnery. He abused the natural bond between the two of you while you relied on him for guidance. As I departed for England and left you without a promise of marriage, you found out that I, the man you loved, killed him. His death and my departure drove you mad. It was then you abandoned this world of appearances. You found yourself cheated of the happiness you expected. Through your singing using flower imagery, you spoke the truth in your madness. You reverted to an innocence no one else possessed. Before you went mad, even your love was muted and repressed by the forces that overwhelmed you.
*Turning to talk to the gravediggers*
The young, beautiful, harmless Ophelia deserves a Christian burial in her untimely death. From her aimless, broken speeches about unrequited love to quick transitions from joy to sadness... her despair was apparent. The increasing psychological pain I have caused her may have driven her to her madness, but how she died has to be an accident. Although she would have wanted to be rid of the pain and grief, it’s undeniable that she was deprived of any reaction after falling into the brook. Once she fell into the water, she likely was not capable of fighting against the relentless currents of the water. Even then, Ophelia could have been incapable of reason at the time of her death. While I do not believe Ophelia is capable of committing an offense against God, against the king, and against Nature... If she did self-destruct, her despair over actions out of her control and within mine makes me responsible. Ophelia - If you have let your life go along with the waters of the stream. Then, I alone is responsible for that as your madness, which I caused, killed you. First I, feigning madness, rejected you, and then, I killed your father.

Environmental law

Environmental Law

Key ideas

• protected by both private citizens including lobby groups and 3 levels of government - International, National, and Provincial including Municipal

• individuals help by using the court system

• government helps by passing statutes and signing agreements

• environmental law is both reactive (responding) and proactive (taking action before)

• are private citizens including lobby groups or the government more effective in protecting the environment through law?

Intro

• before 1950's, governments and individuals were not concerned about the environment

• it was assumed that any pollution created could be diluted through large bodies of water or air, so destructive substances were poured into rivers and lakers or burned through large chimneys

• economic growth was considered to be more important than the environment and not many people truly understood the long-term consequences of their actions

• by the late 1960s and early 1970s, the damage caused by these actions was becoming evident - Lake Erie was declared to be dead from too many phosphates, vegetation was dying around Sudbury from the refinery emissions, and an oil slick caught fire on the Cuyahoga River near downtown Cleveland

• environmental law began in the 1970s but has always been balanced with economic interest and changing urban behaviour

• 2 factors have influenced the development of environmental laws since:

1. Educating the public about the damage we have created and can still create and the benefits of a cleaner environment

2. The consequences of a growing global population especially urban growth

a. most suburbs are poorly planned causing a dependence on cars

b. population growth cause a depletion of forests, farmland, and natural resources

c. higher standard of living is linked to a more consumer and disposable economy with larger houses, bigger cars, and more garbage causing much higher pollution rates

• the concept of sustainable development also started in the 1970s and in 1983, a UN committee wrote "Our Common Future" which stresses the importance of protecting the environment for our future generation

How private citizens can use the court system to influence environmental law

• under tort law, individuals can take civil action by suing for nuisance or negligence

• the plaintiff is allowed to seek damages for harm done and ask for an injunction which is a court order to either act/refrain from acting according to the situation

• any rulings from those cases can then become a precedent under common law and can influence new laws to be passed to avoid similar situations in the future

Right to sue for nuisance

a) When a plaintiff believes that there has been an unreasonable interference with their use of enjoyment of the property

b) For example, toxic sludge seeping into your land from a neighbouring business or

excessive noise from machine used

c) Private nuisance is when it is your own land being interfered with

d) Public nuisance is when the land belongs to a group of people such as a town’s water system

Right to sue for negligence

a) When a plaintiff believes that damage has been done by a defendant who did not live up to a required standard of care

b) For example, a business which stores dangerous chemicals too close a heat source, causing an explosion or stores them in the ground causing seepage into water sources

c) The plaintiff must prove that the defendant owed them a duty of care, that they not live up to the standard of care and that the resulting action was foreseeable

d) The plaintiff must also prove that there has been damage or harm as a direct result of the actions by the defendant

e) This is easier to do when the damage is physical and/or immediate

f) Very difficult to prove when the damage is long-term and.or to something less direct like health

Role of the Governments

• governments help protect the environment at 3 levels

• governments sign international agreements

• the federal government and provincial government including municipalities pass laws

I. International agreements

- many environmental issues are global (air, water, etc)

international agreements are signed by 2 or more countries depending on the situation which signifies that the countries agree to uphold certain actions

- examples: UN Convention on Biological Diversity (1992)

Canada has often been seen as a leader in environmental law because we strengthen our own domestic laws based on the agreements we have signed

in 1997, countries from around the world met in Kyoto, Japan to reach an agreement on cutting greenhouse emissions and sign the Kyoto Protocol

- countries had to agree to reduce their greenhouse emissions by 2008 and then in 2012

- almost every country has ratified the agreement with one major exception - the U.S.

- international agreements was difficult to enforce - no agency to police the agreement

many other political influences can also interfere with a country signing an agreement

other countries can refuse because they believe that the actions necessary will interfere with their economic development

sometimes, international pressure can force countries to sign

Federal Environmental Laws

1. Canadian Environmental Protection Act, 1999

a. Prevention of pollution

b. Control of toxic substances

c. Control of waste management

d. Protection of the environment and human health

2. Fisheries Act

a. Recognizes that fish is a major resource for Canada

b. Tries to prevent the depletion of fish by controlling the amount of fishing and prohibiting what can be thrown into water inhabited by fish

3. Species at Risk Act

a. Protects 233 endangered species

b. Provides recovery programs for those species

c. Encourages the management of those species, for example, by protecting the habitat of the species

Provincial Environmental Laws - Ontario

1. Environmental Protection Act

2. Environmental Assessment Act

3. Environmental Bill of Rights

Environmental Protection Act

Weaknesses

narrow focus (on pollution): purpose to regulate the actual and potential sources of contaminants

focus on remedies for environmental problems instead of environmental sustainability

broad powers to the Ministry of the Environment: have broad discretion on how/whether to take action

ordinary citizens cannot take individual action, must rely on the government to act

no government accountability for not acting or any role for public participation/input

Strengths

- defences for polluters: may be no punishment for the people involved

- section 14

one of the strongest provisions in any Canadian pollution control legislation

covers private companies, individuals, and governments

overrides other provisions of the Act that permit pollutants to be discharged into the environment and other provincial legislation and municipal bylaws

if breached, a company, its employees, officers, and directors may be convicted if they fail to take reasonable steps to set up an adequate system of pollution control

all prohibitions provide for large fines and imprisonment for negligent/deliberate discharge of contaminants

Environmental Assessment Act

Weaknesses

- covers only a short list of projects and activities while it defines the environment very broadly

environmental assessments are usually required only for major projects i.e. dams, highways, power plants

government does not require planners of these projects to go through the complex assessment process: many projects outside the scope of the EAA should potentially be considered for their environment impacts

generalized requirements can be inadequate for a particular project, allowing environmentally questionable projects to happen

government funding to help individuals and groups take part in the process as intervenors are temporary and irregular

environmental assessment is an expensive and a time-consuming process, needs technical and scientific knowledge

project planners resent the cost and time need to complete assessments so it becomes an economy vs environment conflict

- process too complex and expensive to give the public a chance to comment

those launching these projects often have the resources to promote the economic benefits without publicizing the negative impacts

groups harmed rarely have the organization and resources to discover the negative effects of proposal or to communicate their findings

- interest groups who have evaluated assessments are criticized for stalling the process

Strengths

first act of its kind in Canada, it is the main framework for conducting environmental assessments in Ontario

the public has opportunities to examine project documents including scientific studies of environment impact and comment on proposals

provide a structure for gathering information about environmental impact and a forum for assessing and discussing those impacts weighed against economic costs and benefits

Environmental Bill of Rights

Weaknesses

- in practice, the EBR has resulted in very few actual investigations

expansion of access to the courts is good, but lawsuits are expensive, without financial assistance, these new rights are unlikely to be widely used

scope of the EBR's application was severely curtailed by the Ontario Savings and Restructuring Act (SRA): gave municipalities and their conservation authorities provincial government decision-making roles which are not subject to the legislation, so there is a large number of environmental decisions beyond the reach of public intervention

Strengths

- a radically new approach: describe environmental concerns in terms of human rights

designed to empower members of the public in efforts to take responsibility for the protection of the environment

provides tools for public participation in environmental protection i.e. the government give notice of proposed governmental action subject to public consultation

members of the public can request a review of a policy, statute, regulation, or instrument in place or request that one be developed if there is none

any citizen can ask for a review when an instrument (i.e. licence/permit to conduct environmentally sensitive activity) has been granted, challenging the government and the applicant

legislation established an Environmental Commissioner to monitor statements of environmental values, to investigate environmental violations, and to report on ministry compliance with the legislature

mock trial closing statement

Your Honour, at the beginning of the trial, we told you you would hear evidence of Pat O Brien committing an assault upon Toby Fantasia causing bodily harm. You heard the testimonies of Fantasia and Chris Ugarte that told you that Fantasia, in the lawful execution of his duties, was assaulted by Pat O Brien. Mr. Ugarte also testified to seeing Fantasia being punched as he was attempting to arrest Fredi Friedbrain, who Fantasia told the court he suspected of violating his parole. In the defendant, Pat O Brien's, testimony, he said he voluntarily chose to interfere in the arrest although he recognized the risk due to the location and the appearance of Fredibrain and Fantasia, who was undercover. O Brien testified that he voluntarily tackled the Fantasia while able to perceive potential risks. In turn, Fantasia could not execute his duties. Ugarte, a constable who was part of his undercover team, had to interfere to stop O Brien from attacking Fantasia further. However, at that time, Fredibrain who already escaped. Despite O Brien's testimony that he was unaware Fantasia was a peace officer, he could, as a reasonable person, be able to identity danger and avoid it. By failing to act with reason, he committed a wrongful act. He stopped Fantasia, an undercover officer, from making an arrest. The defendant took action, he applied force, knowing the circumstances, and was in a state of mind where he could anticipate the effect of his act(ion). We, the prosecution, feel this is enough to convict Pat O Brien of assault causing bodily harm. He not only committed the act, he committed the act with a criminal intent. He intended to stop the arrest. Therefore, we ask for the defendant, Pat O Brien, to be found guilty. In the name of law enforcers, we insist on a verdict of guilty. Thank you, your honour.

For both prosecutor and defense counsel, the closing argument affords an important chance to review the testimony and exhibits that have been admitted during the trial, as well as to argue for any inferences that they may wish the jury to draw from the evidence. Closing arguments are supposed to be argumentative, and appeals to common sense, attacks on the motives and credibility of unfavorable witnesses, and rather emotional pleas for a certain result are common. Closings also provide the opportunity to remind the jury of how the evidence inter-twines with the law, and a good closing argument will weave together favorable evidence and the jury instructions that the lawyer giving the closing believes will support a favorable verdict.

an argument that the evidence at trial clearly raises a reasonable doubt would be proper.

Another, perhaps obvious, restriction on final arguments is that the arguments in closing must be tied to the evidence developed at trial. Inferences and conclusions from the evidence at trial can be argued quite freely. The lawyers’ closing arguments or summations discuss the evidence and properly drawn inferences.

The judge usually indicates to the lawyers before closing arguments begin which instructions he or she intends to give the jury. In their closing arguments the lawyers can comment on the jury instructions and relate them to the evidence.

The lawyer for the plaintiff or government usually goes first. The lawyer sums up and comments on the evidence in the most favorable light for his or her side, showing how it proved what he or she had to prove to prevail in the case.

After that side has made its case, the defense then presents its closing arguments.

answers statements made in argument

points out defects in their case and sums up the facts favourable to his/her client

The role of an opening statement helps the attorney tell the jury what information they are trying to present or prove, The closing statement allows them to tell the jury that they have done just that. In addition they use this information to show the other side has not provided the information needed to win their case.

a closing statement usually references the opening, saying something like,"ladies and gentlemen of the jury, remember at the beginning of the trial we told you you would hear x,y,z evidence which would prove beyond a reasonable doubt that castro is guilty of the crime [charged] during the trial i have observed each of you carefully listening to the evidence presented. you heard the testimony of dr. splatt, who presented the slides of photos taken of the cuban base on 333 which showed ,,,," essentially you want to remind them of the evidence they saw and how it proved your case. you reinforce the idea that you did exactly what you told them in opening (you are to be trusted and always speak truth is the message you send) and it is always a good idea to remind the jury of the evidence and show them how it proves your case. you may want to make a brief statement about the evidence presented by the defense. " you heard the testimony of ms. grudge, a student of dr. splatt [voice inflection indicating her inferior qualifications to your guy] who told you that in her opinion the slides were of av missiles and not bv missiles as dr splatt testified. but, i remind you that dr. splatt testified on rebuttal that his student,ms grudge, was mistaken because she failed to note the squiggly thing on the pic clearly marking them as bv missiles. you also remember dr splatt's testimony that it is essentially irrelevant as to whether av or bv missile as both capable of delivering nuclear warhead to us shores of sufficient strength to wipe out the eastern seaboard" unlike opening statement, closing statement can be argumentative. why you think your side is the side of angels and their evidence is hogwash. this is the time for a lawyer's persuasive skills. some lawyers like to engage in television theatrics in closing, but i always thought it best to present a good workmanlike recitation of the facts without melodrama. at the same time, you do want the jury, who may have slept through some key piece of evidence, to listen to what you say, so your presentation should be compelling. you will remind the jury that the burden of proof in the case is...and what that means (you may have done some education of them on this point in opening, or even during voire dire. you will say you are sure they will agree the evidence at the trial (which you've just reminded them of) does prove beyond a reasonable doubt that castro did on 333 .....the state has met its burden and i respectfully request that you return a verdict of guilty. you may want to refer the jury to the jury instructions the judge will give them, making sure to clarify any instruction you think may be problematic if they misunderstand. thank you, your honour

Since you are the prosecution, I would discuss your burden of proof (for a criminal case it's "beyond a reasonable doubt") and how you have met that burden through the testimony of your witnesses.