Positive Effects of Physical Activity and Sports on Child Development Research Paper

Positive Effects of Physical Activity and Sports on Child Development - Research Paper Example But how much activity is enough and what is the minimal level of activity that is needed to remain healthy, active and fit? Many guidelines have been proposed during the years, and the most commonly minimal stated amount of time that children should spend outdoors is 30 minutes (Janssen and LeBlanc, 2010, pp1). Guidelines recommend that the levels of physical activity should be increased gradually to almost 90 minutes per day (Janssen and LeBlanc, 2010, pp1). These guidelines and others have been formulated keeping in mind the minimal requirements of physical activity needed for the proper development of children. The level of activity differs from age to age; therefore even in children the time for their optimal physical development may differ. Following these guidelines may prevent some of the problems of sedentary lifestyle that are already emerging in children. In the United States approximately 45% of the boys and 32% of the girls participate in youth activities and sports in 20 01 (Cooper, 2010, pp 8). Although these rates seem healthy, they are not, for the rest of the children may not be taking part in sports at all, or may be doing so at a very minimal level. While one can see the positive benefits of physical activity on the children who do undergo it, there is need to identify what effects do not having any physical activity lead to (Cooper, 2010, pp 1). An important point to remember is that all individuals, regardless of their age and gender, need to undergo daily physical activity and exercise to lead healthy lives and prevent themselves from different ailments. Another consideration is why there is a difference between the levels of activities carried out by boys and girls. There is need to remove the sociocultural perceptions that boys play rough sports while girls stay at home and play with dolls. Physical activity is as important for girls as for boys (Cooper, 2010, pp 4). Studies show that children of both genders may have different motivation to carry out physical activity, and may perceive its results differently (Cooper, 2010, pp 4). However, a sad development in this matter is that physical activity has been substantially reduced or either almost eliminated in many schools across United States. This may aggravate the already worsening situation of sedentary lifestyles among children. The reasons stated for this cut are high costs and more emphasis on academic performances. This may be one of the most convincing reasons why the current generations of children are displaying adult related illnesses at very young ages. Obesity is increasing among children, which is taking a form of an epidemic now. The percentages of schools providing physical education have dropped to 3.8% for elementary schools, 7.9% for middle schools and 2.1% for high schools respectively (Active Education, 2007, pp 2). This means that these children are unlikely to be carrying out any physical activity outside of school premises either, since schoo ls provide the most fertile location to carry out sports. The impact on the children physically and mentally is evidenced through many epidemiological studies. But there is also no significant improvement in the academic scores of children when they are not undertaking physical activity (Active Education, 2007, pp 3). Combined survey results from the United States, United Kingdom, Hong Kong and Australia showed that academic performa

Standardized testing Research Paper Example | Topics and Well Written Essays - 500 words

Standardized testing - Research Paper Example The method of standardized testing is unbiased and this is arguably its biggest pro. It does not discriminate on the basis of sex, race or religion. The standardized method of testing works well in indentifying the needs of underperformers and those who are succeeding. Specific programs can be developed for underperformers to make them excel. It is a good method in order to achieve proficiency. It can also help create a more transparent education system. Being fair to each and every student is very important and standardized testing proves to be a very effective system when it comes to being fair to students. Standardized testing is considered to be an unfair system by many. This is because it does not take into account the differences in students and each and every student is judged using the same guidelines. This seems to be unfair and unjust. It is very important to consider the differences in each student. Not everyone can be a monkey and accomplish the daunting task of climbing trees. Assessment and education are two very important topics. Standardized testing is a good way of imparting education but when it comes to assessment it fails on more forefronts than one. Standardized testing has had a positive effect on many students. They have achieved great success academically because of this method. It is also a very reliable way of measuring the achievements of students. At the same time many consider this method to be highly flawed. â€Å"After No Child Left Behind (NCLB) passed in 2002, the US slipped from 18th in the world in math on the Programme for International Student Assessment (PISA) to 31st place in 2009, with a similar drop in science and no change in reading.† (Walker, Tim) Standardized testing is unfair to non-English speakers and there is hardly any doubt about this statement.  

Good practice: adults

Good practice: adults Good Practice: Adults This assignment will focus on a case from practice, demonstrating the challenges in promoting independence specifically in vulnerable elderly adults while balancing risk and autonomy. Furthermore, this work will demonstrate problem solving skills, drawing on legislation, research and principles of good practice in the context of Adult Services from an inter-professional perspective. The Department Of Health defines a vulnerable person as: Someone who is or may be in need of community care services by reason of mental or other disability, age or illness and who is or may be unable to take care of him or herself against significant harm or exploitation. (DOH 1999). Background of case: Mrs A is eighty two years old, has mild learning difficulties and lives alone in her own home since the death of her husband one year ago. She has a daughter who visits occasionally due to their difficult relationship.   Mrs A was referred by her GP as she had been feeling unwell for some time; she has diabetes and sometimes forgets to take her medication. Mrs A has refused help in the past by various care services due to lack of trust and sees their involvement as an intrusion in her private life. Working within the field of the elderly in adult social services is described as Gerontological Social Work (Nathanson and Tirrito 1998). There are specifics needs that older people experience, the more informed a social worker is about the elderly and their requirements the better chances are that the social worker will provide the right services.It is essential to gain a clear understanding of economic, social and cultural factors and life perspective followed by an understanding of the need for service. The Valuing People policy is the first White Paper in almost forty years since Better Services for the Mentally Handicapped (1971).The aim then was to close large institutions and to integrate people into the community (www.mind.org.uk). Valuing People aimed to transform the lives of adults and children with learning disabilities through a person-centred approach and to enable people to become empowered in order for them to be included in society. This policy is one in a series of policies that are an example of the political driver of change such as the White Paper, Our Health, Our Care, Our Say: A New Direction for Community Services (2006) that are aiming to transform social care and to give service users more choice and to make the system more personalised (Johnson Williams, 2007). The 1989 White Paper, Caring for People states the duties of local health authorities to assess people needing social care and/or support. It is based on the assumption that community care is the best form of care available. The White Paper states that the proposed changes are intended to, first of all, enable people to live as normal a life as possible in their own homes or in a homely environment within the community. This is especially important in the long-term needs of the elderly, whom have long expressed their wish to be able to stay in their homes. Furthermore, local authorities must provide the right amount of care and support to enable people to achieve maximum independence and provide people with a greater say in their lives and the services they need. This is particularly significant with elderly people. Many older people are not in need of 24-hour care that a nursing home would provide they may just need a small amount of help, maybe for a couple of hours a day. Although the majority of people over the age of 65 live independently and have no major care needs, a significant minority do have some problems with physical and mental health. 1 in 10 elderly people suffer from forms of senile dementia. It can be seen that it is simple day-to-day things that most elderly people require assistance with. Their main wish is clear; they simply want to stay in their own homes or in the homes of their family. (HMSO 1989). The Social Worker requires Mrs As consent to an assessment and if eligible, a care plan, while making it clear that she has the right to refuse. When working in partnership with a service user and their family, the worker needs to take account of Trevthicks (2002) fifteen points to effective partnership working. These include explaining to the family their role and power to intervene. A clear mandate is the basis of a partnership-based intervention and sensitivity given to power imbalances involving family consultation and participation in decision-making and problem solving (Bray 2001). The whole team working with Mrs A have a duty to be aware of her individual rights to confidentiality, choice, dignity, respect, autonomy, cultural, and equity. Elderly people need to be active participants rather than active recipients. The task is not to look after, but to motivate, empower and promote self-esteem. (Hughes et al 1995). A number of vulnerable adults are oblivious to the fact that they need any help; therefore it is essential that when a concern is highlighted, it is acted upon instantly to prevent the situation deteriorating. Many adults are also too proud to ask for help and as a result recognition of their vulnerability is only identified as shown in Mrs As case by a GP. Detection of vulnerability may also be triggered by an admission to hospital or a concernedfriend or family member contacting the social services department. During a visit by the social worker, it is clear that Mrs A had been seriously neglecting her needs; she is underweight and neglecting her hygiene. The misuse of medication is in itself a risk of covert self abuse, and could have resulted in her death. Abuse can take place in many different contexts and it is important not to exploit a vulnerable persons civil rights. Mrs A has mistrust with other people becoming involved in her life. Therefore when and how to intervene builds on the concept of significant harm introduced in the Childrens Act. When making an assessment of an individual, many factors need to be considered, for example, the extent of vulnerability and risk of repeated acts that meet the criteria of the Community Care Act 1990. To ignore the assessment of older people can be an example of ageism in its own right, contributing to an elderly person feeling disempowered. Assumptions about older people include older people are poor, lonely, are ill, no longer contributing to the economy and seen as a burden.   When working with older people it is important not to make these stereotypical assumptions and generalise. Not all the elderly have the same characteristics; a sixty five and a ninety year old are classed as one group. Although aging is inevitable, and people experience similar patterns and problems of aging, there are also wide-spread differences in aging patterns (Applewhite 1998:5). Acknowledging that each individual will be at a different stage in his or her life, needs and circumstances will vary, including different ethnic minority groups to avoid making ageist assumptions and avoiding all stereotypes and stigmas. To work effectively with older people, one must develop anti ageist practice. Midwinter (1993) says that old age is like having returned to a second childhood where others will make decisions for you. Working in partnership, the Social Worker and the GP/nurse may encourage Mrs A to engage respite care (enablement) for up to six weeks to avoid being admitted to hospital. During respite care an assessment of her needs will evaluate the level of support that will be required (if any) when Mrs A returns to her home. Mrs As daughter may request that her mother be put into a care home, while Mrs A is adamant that she can care for herself at home with some support. Within the risk assessment process family members may worry about the social workers ability to recognize potential risk for their relatives, therefore a balance between extending barriers in some areas of risk and minimizing risk in others areas needs to be made. Using a utilitarian approach, it is the social workers job to assess the whole situation and work for a solution in the best interests of all concerned. (Banks 2001:28). The Social Workers ultimate aim is to support Mrs As rights to control her life and make informed choices about the services that she receives (GSCC 1.1). Good practice dictates working in partnership with service users to encourage greater trust and empowerment of clients. In turn, they are likely to feel more confident in talking about their fears, and worries and possible abuse. Health and Social care agencies working together is only a part of an overall strategy to protect vulnerable adults from abuse. Enabling service users to recognise abuse and knowing how to alert others to this is another strategy. It also ensures an agreed approach that all involved are aware of and can monitor. Protection is provided by the clarity of the situation. It is important that health and care social workers act as good role models in terms of worker-user relationships as this helps the service user to recognise when the relationship is abusive. In addition, it is important for professionals to enable service users to know how to protect themselves, such as building positive self-esteem through knowing their rights and knowing how to complain. (Pub lic Interest Disclosure Act 1998). An Adult Protection policy will identify and help support Mrs As decisions for her care and help her to understand risks and the services available to her. The social worker has to constantly question their own judgement and ensure they listen to the service users view while assessing if Mrs A is capable of making an informed choice taking into account her rights and the needs of her family. It is a requirement to assess if Mrs A has the capacity to make her own decisions and if she is incapable by reason, for instance, of mental illness under the Mental Capacity Act 2005, the decision will be made for her. If it is deemed that Mrs A has capacity she has the right to live in whatever way she chooses;   should her choice includes staying at home without help from services her health could be at risk and she may enter a revolving door policy in and out of health care provision.   Providing support to Mrs A does not eliminate her susceptibility. If an individual is living alone and receiving services to support their needs, they still have a level of vulnerability. Elderly people at home are more at risk from abuse by strangers than if they were living in supported accommodation. They are at risk from people calling and gaining access through force or intimidation, who either steal from them or charge very expensive rates for minor repairs. They are also at risk from physical and sexual abuse as there is no one there to stop the perpetrator. Mrs A has health and social care needs and is seen to be at risk from self-neglect and possibly neglect by others, including services if insufficient or inappropriate support is provided to adequately support her well being.   (Pritchard, J 2008). Home may be Mrs As choice, however the assessment will consider balancing risk and autonomy. The social worker can identify Mrs As strengths and skills and identify ways in which these can be improved upon. There are services available that can supply security systems to protect from theft, and physical abuse, and other environmental variables, these are implemented with clear guidelines and the coordination of multi agency workers, working together to deliver a programme of care in the best interest of Mrs As needs and individual choices. Parsloe (1999) stresses that there is a strong presumption that older people should exercise choice and be given opportunities to take risks towards maintaining their independence and self-determination unless or until their capacity to do so is seriously impaired. This notion is acceptable, but as seen with Mrs A there is also a high risk of illness due to poor self medication; this is sometimes overlooked as the risk-taking model is more promoted than risk minimisation. People are allowed to take a well-informed risk so long as they do not endanger themselves or others GSCC (2002). A presumption in this case is that Mrs A has capacity: the challenge here is to recognise that service users have the right to take risks and helping them to identify and manage potential and actual risks to themselves and others; (GSCC 4.1). The provision of the practice setting is governed by law which consists of primary and secondary legislation together with government guidance which must be followed by all local authorities. Section 46 of the National Health Service and Community Care Act (1990) sets out community care plans and lists the available services which include laundry services, meals on wheels, social work support and residential care. This act places a duty under section 47 on social workers to conduct a needs-led assessment if it is apparent that a person might need community care service. Once a community care assessment is carried out, the care manager will make a decision about whether to provide support or not to the service user. Fair Access to Care Services (FACS) provides an eligibility framework for adult social care to identify whether or not the duty to provide services is triggered. Should the criteria be met, a multi disciplinary team approach working together to ensure Mrs As choice to stay at home is paramount with regard to her rehabilitation and care plan. The team have a duty to provide a network of support that promotes independence and to monitor Mrs As ability to care for herself in the community. Multi-agency working of care planning and the single assessment process has encouraged greater inter-agency working together, with the clients needs being central to the process. Rather than working separately, and each agency providing their own service without reference to the others, joint working encourages a sharing of approach and less replication of services. A pilot of Individual Budgets was introduced for two years in 2005 to 13 local authorities. Individual Budgets is a system that brings resources together from different funding streams into a single sum that can be spent flexibly in accordance with a service users needs and preferences. Service users are free to choose the money as a direct payment or request the local authority to provide services, or even use a mixture of both A care worker can be sought from the LA or a personal assistant (PA) appointed by Mrs A , paid for with direct payments ensure that her autonomy and choice is maintained. In practice,   an agreement can be   made to review Mrs As care and remove the care if it not required or increase the care package should additional need be identified at a future review. Direct payment stems from the four principles of Valuing People that are rights, inclusion, choice and independence. The Governments vision was that the uptake of direct payments would give people more choice in how they choose to live their lives. However, the uptake of direct payments since the introduction of the Community Care (Direct Payments) Act (1997) had been slow, mainly due to a lack of awareness and people, including professionals, can be very wary of change and taking on the unknown.The government therefore introduced new legislation in 2003 to make it a duty for local authorities to offer direct payments (www.dh.gov.uk), but figures (2006) reveal that out of a possible million people only around 46,000 had taken up direct payments (www.eastern.csip.org.uk). It raised issues that service users experienced and set out eleven objectives which included people facing lack of choice and control, social isolation, housing, health, and poor partnership between professional agen cies, voluntary groups and families. The main stakeholders from the implementation of Valuing People are people with learning disabilities themselves and their families/carers, as they were instrumental in pushing the government to push through the policy.The government is clearly one of the main stakeholders and it could be argued that this was an economic driver of change. Latest figures from the Individual Budgets Pilot study reveal that the costs of people using budgets compared to commissioned services is not much different, but long-term, costs will be reduced as people become more independent and their support hours are reduced (www.dh.gov.uk). The introduction of Putting People First, published by the DH in December 2007is a shared vision and commitment to the transformation of adult social care over a period of three years. Key elements are: prevention, early intervention and re-enablement, personalisation, information, advice and advocacy. This presents change for people who receive services and importantly for social care workers that will need to implement these changes in their work. The changes in social care that have been taking place since the policy have meant that the role of the social worker is changing and the publication of the Local Authority Circular Transforming Social Care (2008:4) described the role of the social worker as being focused on advocacy and brokerage, rather than assessment and gate keeping. This involves improved skills in listening, working in partnership with service users, families and other professionals and empowering people to take control of their lives. The changes are proving chall enging because it means a shift in the balance of power and allowing people to take more risks. A person-centred approach to supporting Mrs A is the method used within this case study, before direct payments this had been more about supporting people in the community. The principles ofrights, inclusion, choice and independence set out as the vision in Valuing People have clearly been achieved in some peoples lives, and is effective for service users such as Mrs A who prefer to maintain their privacy at home and choice of care through direct payment. It can be seen to transform service users lives in that they are living independently and feel included in society.There are many people living in residential care; they spend most of their hours in centres and lead very oppressive lives.McCabe,M. (2006:12) describes the failings of institutional care as having inflexible routine, lack of choice, dependence on others and lack of privacy and community care creating maximum dependency.However, care needs to be taken so that people are still supported when they do live independently, specifically service users who have spent years in residential care and not prepared them to live in their own homes; adequate risk assessments are needed to address any area s that could leave them vulnerable. References Applewhite, S. (1998) Elders and the Twenty-First Century. Issues andChallenges for Culturally Competent Research and Practice.New York: Haworth. Banks, S. (2001). Ethics and Values in Social Work 2nd ed. Basingstoke, Hampshire: Palgrave Publishers. Department of Health (2001) Valuing People. London: Department of Health. Department of Health (2001) National service framework for older people. London: Department of Health General Social Care Council (2002) Codes of Practice General Social Care Council HMSO (1989) Caring for People: Community Care in the Next Decade and Beyond. London, HMSO Johnson, K. Williams, I. (2007). Managing Change and Uncertainty in Social Work and social care. Lyme Regis: Russell House Publishing Ltd. Jones. R. (2005) Mental Capacity Act. Manual, Sweet Maxwell cited in Pritchard, J (2008) Good Practice in the Law and Safeguarding Adults: London, Jessica Kingsley. McCabe,M.(2006) Depression among older people: prevalence and detection. International Journal of Geriatric Psychiatry 21(7) Thomas, A. (2008) Leadership and Management in Health and Social Care Heinemann Midwinter, E (1993) Encore: Guide to Planning a Celebration of Your Life: Southampton, Third Age Press Nathanson, I. Tirrito, T. (1998) Theory into Practice. Gerontological Social Work. New York: Springer. National Assistance Act 1948 London, HMSO. National Health Service and Community Care Act 1990 London, HMSO. Parsloe P. (1999) Risk Assessment in Social Care and Social Work.   London, Jessica Kingsley. Public Interest Disclosure Act 1998 London, HMSO Shakespeare, T. (2000).   Help. Birmingham: Venture Press Trevithick, P (2002) Social Work Skills a practice handbook, Buckingham, Open University Press

Theology of the Hammer :: Essays Papers

Theology of the Hammer In order for us as a society to move forward, I believe that we must adapt the same central ideas that Habitat for Humanity implements. The mission for Habitat for Humanity simply is to eliminate poverty housing by partnering with families to build and renovate houses. They implement "Matching the Word with Deed" (Fuller 21). I feel that this is important because preaching the good word of God is not the only way to help people, as there are many forms of doing God's work. "We know equally well that talking and praying alone will never dig the foundation, nor will piety by itself put up the walls. Only the powerful combination of the word and deed can get the job done" (Fuller 26). I really hate coining old clichà ©s, but simply put " you can not just talk the talk, but you must also walk the walk." I firmly believe that Fuller's views are very realistic. The term "theology of the hammer" is basically about "†¦doing more than just talk about faith and sing about love. We must put faith and love into action to make them real, to make them come alive for people. Faith must be incarnated; that is to say, it must become more than a verbal proclamation or an intellectual assent. True faith must be acted out." (Fuller 7). I do not see that as being unrealistic. After all, there is no reason that people should be restricted to praying for people that are in need in some church. If people have the choice to sit in some pew and pray for the less fortunate to get shelter, or build them shelter in God's name, why on earth would these people not want to lend a hand. Another point to support my argument is the facts. Habitat for Humanity has built and renovated several thousand homes.

Promote Children’s Welfare and Well-Being in the Early Years

Promote Children’s Welfare and well-being in the Early Years Outcome 4 Be able to support hygiene and prevention of cross infection in the early years setting. A/C 3 Explain how to prepare and store formula and breast milk safely according to health and safety guidelines. When we providing food and drink for children we to consider the importance of good food hygiene. Most food poisoning is caused by bacteria, so there is principles in preventing food poisoning:- 1- Stop the bacteria from getting on to the food. – Stop the bacteria already on food from spreading. 3- Destroy the bacteria on food Babies are very sensitive to infection, which means that in the setting we must be careful to prevent bacteria from spreading by storing food safely. Storing formula milk The latest recommendation from the Department of Health is that formula milk should be made fresh rather than being made up in advance and stored. If this not possible, for example because of an outing, ready to use liquid formula is recommended although this is quite expensive.If it is not possible to use this, it is better for boiled water (at least  70 ° C in temperatures) to be put in a hot thermos and then the formula to be made up when it is required. Storing breast milk Some mothers who are breast-feeding their babies will bring in expressed milk either frozen or fresh to be used in bottles. The Department of Health recommends the following guidelines for storage: * Up to 5 days in the main part of a fridge, at 4 ° C or lower. Up to 2 weeks in freezer compartment of fridge. * Up to 6 months in a domestic freezer, at minus 18 ° C or lower Breast milk that has been frozen can be defrosted in the fridge. It can then be served straight from the fridge rather than warmed.‘Bibliography’ CHILDREN ;amp; YOUNG PEOPLE’S WORKFORCE – Level 3 Diploma Early Learning ;amp; Childcare Penny Tassoni Kath Bulman Kate Beith Sue Griffin Publisher- Heinemann Publish Dat e- 2010

To what extent do World Trade Organization rules act as a barrier to international environmental governance?

Introduction The gradual opening of the arteries of world trade through the World Trade Organisation (WTO), while resuscitating international economics and being a symbol of the â€Å"hyperliberalisation† of trade, has been strangling environmental protection (Conca: 2000, Lowenfeld: 2008: O’Neill & Burns: 2005). The need for an effective, robust and objective way to resolve international disputes is arguably, in the light of the relentless and â€Å"inexorable integration of markets, nation-states and technologies to a degree never witnessed before† (Friedman: 1999), stronger than ever and a retreat to the unilateralist ideologies which gave birth to the First World War is almost unthinkable now given our interdependence on each other. The question is can the environment be protected while the aggressive expansion of trade continuesThe birth, by accident, of the General Agreement on Tariffs and Trade (GATT) in 1945, was part of an indefatigable drive to combat trade protecti onism, discriminatory trade policies and most significantly armed conflict as a means of resolving disputes in the wake of the second world war (Irwin, Mavroidis & Sykes: 2008, Lowenfeld: 2008, Wilcox: 1949). One of the pronounced goals of trade liberalization is the removal of trade barriers and with the accession of China to the WTO, which replaced the GATT in 1995, the â€Å"hyperliberalisation† of trade is gathering pace with 153 members and 97% of world trade (Conca: 2000, p.484). This unrestricted access, while avowedly positive for economic growth, has been perceived by many commentators as being â€Å"inimical to the quest for global ecological sustainability† as Conca, the most skeptical critic, puts it (Ibid). World Trade Organisation rules have, to a large extent, acted as a barrier to international environmental governance both substantively and procedurally. In terms of the national laws and the WTO, the destabilization of international environmental regi mes and procedural rules the WTO has hindered rather than helped environmental initiatives both nationally and internationally. There have been some signs of progress, however, with a joint report by the United Nations and the WTO in 2010 acknowledging for the first time that some restrictions on the liberalization of trade will be needed to fight climate change (WTO-UNEP Report: 2010) and other commentators discerning a move towards an â€Å"accommodation between the notions of free trade and environmental protection† (O’Neill & Burns: 2005, p.319). It is also vital to note that Conca’s strident objections, while relevant, were written in the year 2000 after just five years of the WTO and therefore omits one important WTO decisions. Nevertheless the author’s biting criticism must be answered and his view is not entirely without justification even in 2012: â€Å"The WTO has proven to be profoundly anti-environmental both procedurally and substantively, handing down environmentally damaging decisions whenever it has had the chance to do so. Fears of a race to a dirty bottom are proving prescient, and optimism that trade rules can be greened from within has waned appreciably† (Conca: 2000, p.484). Part 1:WTO rules and the environment WTO/GATT, national laws and decisionsOne of the central objections to the WTO rules in the sphere of environmental policy is that they, in Conca’s words, â€Å"undercut† national policies (2000, p.486). Erich Vranes adopts more mature terminology for this level of interaction which he labels as â€Å"vertical† as between domestic measures and WTO law (Vranes: 2009). Conca’s objections arise when a national environmental regulation is challenged under WTO rules and, without exception between 1995 and 2000, â€Å"handed down an anti-environmental decision† (Conca: 2000, p.486). There have been six decisions relating to environmental issues under the old GATT regime and just three under the new WTO rules (WTO website: 2012). The case which sparked the hostility to the GATT/WTO regimes is the Tuna/Dolphin case (case 1) where dolphins were being caught in tuna nets and dying unnecessarily in the hunt for tuna (Lowenfe ld: 2008, p.315). The US government sought to ban all tuna imports from Mexico which brought a dispute settlement proceeding under the old GATT rules under article XXIII. America’s defence under article XX (the general exceptions article) was based on the protection of animal life and the â€Å"conservation of exhaustible resources† and proved futile as the Panel found in favour of the Mexicans with the ban on tuna contrary to article XI(1) of the GATT and unjustified by Article XX(b) or (g) (Lowenfeld: 2008, p.317). The other cases under the old GATT regime concerned American taxation on gas guzzling cars brought by the EU in October 1994, the so-called â€Å"son of Tuna/Dolphin† where the EU successfully challenged the Marine Mammal Protection Act in June 1994, the father of the Tuna/Dolphin dispute successfully brought by Canada against the USA in February 1982 and finally two successful cases brought by the US against firstly Thailand for the restriction an d taxation of cigarettes in November 1990 and secondly against Canada regarding the exports of herring and salmon (WTO website: accessed 2012). Conca’s powerful criticism was written only after two WTO decisions on the environment had been handed down and the rules were interpreted narrowly: firstly United States – Standards for reformulated and conventional gasoline in 1996. In this case, brought by Venezuela and Brazil against the US, measures to ensure imported gasoline complied with air quality restrictions were found to be discriminatory although the WTO panel did emphasize that it was America’s discrimination against imports, which were subject to more stringent measures than exports, which crippled their case; not that they didn’t have a defence or indeed a noble cause. Secondly, in a â€Å"strikingly similar† complaint to the tuna/dolphin decision brought in 1998, India, Malaysia, Pakistan and Thailand all challenged US legislation which banned all imports of commercial seafood, pursuant to the Endangered Species Act, to save turtles instead of dolphins: United States Import Prohibi tion of Certain Shrimp and Shrimp Products. Although the US lost this case, again by virtue of discriminatory behavior, it is clear that the seeds were sown for a fresh start and as Lowenfeld points out, this appellate decision had â€Å"sought to dampen the conflict between the trade and environment communities† (2008, p.323). Furthermore, had the US not discriminated, then it is certain that they would have won both on imports of gasoline and shrimp and indeed the second decision in the shrimp case confirms this (O’Neill & Burns: 2005) . This analysis leaves just one WTO decision in the 21st century: European Communities — Measures affecting asbestos and asbestos-containing products. In this trailblazing decision, brought in 2001 by Canada against the EC ban on asbestos products, the WTO panel found, affirmed later on appeal, that France was entitled to ban such harmful products under the very provisions so controversial in the tuna/dolphins case: â€Å"†¦the Panel found that the French ban could be justified under Article XX(b). In other words, the measure could be regarded as one which was â€Å"necessary to protect animal, human, plant life or health.† It also met the conditions of the chapeau of Article XX. It therefore ruled in favour of the European Communities. (WTO website: accessed 2012)1.2 International environmental regimesAnother powerful criticism leveled at the WTO rules is the perceived parallel at an international level where Conca discerns a â€Å"WTO-based threat to a broad array of international environment regimes† (Conca: 2000, p.487). This threat, which Vrane labels as being on a â€Å"horizontal† level between WTO law and public international law including treaty agreements (Vrane: 2010), is, according to Conca, brought about because these international environmental regimes often depend on trade related measures for their implementation and observance (2000, p.488). The main p roblems are firstly that the WTO’s existence is having a chilling effect on â€Å"global political imagination† (Ibid). Conca justifiably points out that the 1994 Amendment to the Basel Convention, which sought to ban the trade in hazardous wastes, may well be one of the last to target the trafficking of environmental hazards. The continued political impasse concerning the Kyoto Treaty lends weight to Conca’s observations although perhaps, in light of the global recession, the international environmental arena is anyway sterile (Rajamani: 2008). Secondly Article XI of GATT, which prohibits quantitative import/export restrictions is often cited as being a stumbling block and could well be used as the basis of a WTO challenge against environmental regimes such as the one which exists with respect to logging (Conca: 2000, p.489). This problem is still a hypothetical one but nonetheless is relevant and demonstrates perhaps that the rules have had a â€Å"chilling e ffect† on numerous proposed environmental regimes (O’Neill & Burns: 2005, p.330). Conca cites the example of a new logging regime: which failed to materialize at the Seattle conference (ibid). Finally the Basel Convention on hazardous waste is cited by Conca as a battleground: â€Å"Ineffectiveness and a huge loophole for waste ‘recycling’ kept the waste trade†¦alive, leading a coalition of developing countries and environmental activists to push through the ‘Basel ban’ at a 1994 conference of the parties. The constant threat of a WTO challenge has inhibited the collection of the national ratifications needed for the amendment to enter into force, and undercuts efforts to use the regime†¦Ã¢â‚¬  (Conca: 2000, p.489) Part 2: Procedural Rules of the WTO2.1 Burden of proof, precautionary principle and Amicus CuriaeFinally the rules of the WTO themselves have been justifiably seen as stacking the deck against those who are fighting for the environment (Lowenfeld: 2008, p.327). The burden of proof is, as Conca observes, â€Å"squarely on the shoulders of those arguing for environmental precaution† (Conca: 2000, p.485). The presumption of a violation means that â€Å"the Member against whom the complaint has been brought†, will â€Å"rebut the charge† and the party which is asserting the affirmative of a particular claim will bear the burden of proof: a rule which is universal to all disputes and not just the environmental issues (Sebastian: 2010). Lowenfeld also points to the â€Å"precautionary principle† which dictates that: â€Å"†¦uncertainty regarding the adverse environmental effects of an activity should not be a bar to adoption of measures to prohibit or otherwise regulate the activity, but that such uncertainty provides an affirmative justification for adopting such measures† (2008, p.333). The Beef Hormones case is often cited in connection with this embryonic principle. The Appellate Body held here that this principle was not yet part of customary law but that it was commonsense to weigh the â€Å"severity of the danger against the degree of likelihood that the danger would be enhanced by the challenged activity† (Ibid). Lowenfeld suggests that this line of reasoning could lead to the WTO adopting a â€Å"worst- case scenario† argument which would, quite understandably, undermine environmental protection (Ibid). The author concludes by observing: â€Å"†¦the precautionary principle as formulated by the European Community seems too harsh. On the one hand, it is susceptible to misuse for purposes of competition and protection; on the other, it seems both to overestimate and underestimate science† (Ibid at p.334). Further to the burden of proof and the precautionary principle are the Amicus Curiae briefs: the closed door proceedings used to make it difficult for the stakeholders usually so closely intimated with environmental action (charities etc) to participate and are still difficult to surmount. This procedural innovation, which is a creature of statute, has enabled certain organisations to provide opinions to supplement decisions which are often made by lawyers and economists who usually have little knowledge of environmental effects (Conca: 2000, p.485). Those submitting the Amicus Curiae briefs can be WTO members or non-state actors and it is important to note that the acceptance of such briefs is an exercise of discretion on the part of the Panel (Stern: 2006). The fact that such briefs have become more commonplace undoes Conca’s arguments a little but, as noted above, it is ultimately a question of discretion as to whether an organization is allowed to submit such a brief. Wha t is clear is that the complex ways in which ecosystems can be corrupted do not always fit easily into the burden of proof system.2.1 Interpretation of Article XX of GATTThe interpretation of this article is key to much of the criticism of the GATT/WTO. In both Tuna-Dolphin and Shrimp-Turtle cases it has been noticed that these general exceptions to GATT provisions has been interpreted narrowly by both GATT and WTO panels respectively (O’Neill & Burns: 2005, p.325). This narrow interpretation has fuelled a lot of criticism with the panel in Shrimp/Turtle expressly saying that the WTO supports countries who hold such noble goals and that it was because of the US’s discriminatory behavior that they held against the US. As noted above, however, the decision in European Communities — Measures affecting asbestos and asbestos-containing products could be the beginning of a new era of interpreting the exceptions as they relate to environmental protection. Certainly the WTO has been sensitive to the criticism it has received from many quarters about its handling of such cases. Whether Conca’s observation that â€Å"Playing by WTO rules, the first definitive ‘proof’ of harm will often be irreversible ecosystem collapse† is debatable in the current climate and, arguably, about a decade out of touch (2000, p.485). Conclusion In conclusion the rules of the WTO to a large extent are acting as a barrier to international environmental governance. In terms of the undermining of national and international laws, the procedural flaws in terms of the burden of proof, the precautionary principle and the amicus curiae briefs as well as the narrow interpretation of article XX, the WTO has a lot of damage to undo in the coming years. Much has been written on this volatile subject and it is clear that Conca (2000) is the most scathing critic. His polemic is out of date, however, and although many of his conclusions are valid his overriding point, that there is an anti-green agenda in the WTO is slowly being unraveled. Indeed as far back as the 1998 Shrimp-Turtle case it has been discerned by astute commentators like O’Neill and Burns that the decision is a pro-environmental one, albeit resulting in ultimate defeat for the USA. The recent joint UN-WTO report (2010) is an indicator of the direction which the WTO is going in and the most recent case involving environmental action, the EU-Canada Asbestos case, confirms that a broader interpretation of article XX can provide positive environmental results. Perhaps the greening of the WTO has begun and no doubt the scathing criticism of authors like Conca had something to do with their new-found green credentials. A proper reform of the WTO rules is required but perhaps the tide has already turned as Barkin observes: â€Å"†¦the incompatibility between the rules of the international trading regime and the need for responsible management of the global environment is substantially overstated, and that official interpretations of these rules are becoming consistently more environmentally-friendly over time† (Barkin: 2005, p.334). BibliographyJournalsConca, Ken (2000) ‘The WTO and the Undermining of Global Environmental Governance’ Review of International Political Economy 7:3 Autumn pp 484 – 494 Rajamani (2008) ‘From Berlin to Bali and Beyond: Killing Kyoto Softly?’ International & Comparative Law Quarterly 57(4) pp909-9392.0 BooksBarkin, Samuel.J (2005) ‘The Environment, Trade and International Organisations’ in Dauvergne, Peter (ed) Handbook of Global Environmental Politics Edward Elgar Cheltenham Friedman, Thomas (2000) The Lexus and the Olive Tree Anchor Books: UK Irwin, Mavroidis & Sykes (2008) The Genesis of the GATT Cambridge University Press: worldwide Lowenfeld, Andreas F. International Economic Law (2008) (2nd ed) Oxford Uni Press: Oxford, New York. O’Neill, Kate & Burns, C.G William (2005) ‘Trade Liberalization and Global Environmental Governance: the Potential for Conflict’ in Dauvergne, Peter (ed) Handbook of Global Environmental Politics Edward Elgar Cheltenham Sebastian, Thomas (2010) ‘The law of permissible WTO retaliation’ in Bown and Pauwelyn (eds) The Law, Economics and Politics of Retaliation in WTO Dispute settlement: Cambridge University Press: worldwide Stern, Brigitte (2006) ‘The emergence of non-state actors in international commercial disputes through WTO appellate Body case-law’ in Sacerdoti, Yanovich and Bohanes (eds) The WTO at ten: The Contribution of the Dispute Settlement System: Cambridge University Press: worldwide Van den Bossche, Peter (2008). The Law and Policy of the World Trade Organization, UK: Cambridge University Press Vranes, Erich (2009) Trade and the Environment: Fundamental Issues in International Law, WTO law and Legal Theory Oxford University Press: Oxford3.0 StatuteEndangered Species Act GATT 1947: Articles XXII and XXIII Marine Mammal Protection Act 1972 Understanding on Rules and Procedures Governing the Settlement of Disputes4.0 WebsitesWTO, ‘WTO and UNEP launch a report explaining for the first time the connections between trade and climate change’, 26 June 2009, Press/559. UNEP issued an identical press release on the same day, available at www.wto.org/english/news.e/pres09_e/pr559_e.htm. WTO website accessed on 2nd February and available from: http://www.wto.org/english/tratop_e/envir_e/envir_e.htm5.0 DecisionsGATT > United States — Taxes on Automobiles, ruling not adopted, circulated on 11 October 1994. Case brought by EU. > United States — Restrictions on Imports of Tuna, â€Å"son of tuna-dolphin†, ruling not adopted, circulated on 16 June 1994. Case brought by EU. > United States — Restrictions on Imports of Tuna, the â€Å"tuna-dolphin† case, ruling not adopted, circulated on 3 September 1991. Case brought by Mexico, etc. > Thailand — Restrictions on the Importation of and Internal Taxes on Cigarettes, ruling adopted on 7 November 1990. Case brought by US. > Canada — Measures Affecting Exports of Unprocessed Herring and Salmon, ruling adopted on 22 March 1988. Case brought by US. > United States — Prohibition of Imports of Tuna and Tuna Products from Canada, ruling adopted on 22 February 1982. Case brought by Canada. WTO > European Communities — Measures affecting asbestos and asbestos-containing products. WTO case No. 135. Ruling adopted on 5 April 2001. Case brought by Canada. > United States — Import Prohibition of Certain Shrimp and Shrimp Products, the â€Å"shrimp-turtle† case. WTO case Nos. 58 and 61. Ruling adopted on 6 November 1998. Case brought by India, Malaysia, Pakistan and Thailand. Recourse to Article 21.5 of the DSU. Ruling adopted on 21 November 2001. Case brought by Malaysia. > United States — Standards for Reformulated and Conventional Gasoline, WTO case Nos. 2 and 4. Ruling adopted on 20 May 1996. Case brought by Venezuela and Brazil.