Air Quality – Emissions and other important things

Posted by on Aug 23, 2016 in Environmental Law, Hot Legal Issues |

To ensure the quality of the air we breathe air quality laws are touching on some important areas and they have appropriate means to stop all illegal emissions of pollutants. This time, I will write about four areas in which air quality laws have a significant influence, emission standards, technology requirements, bans and data collection.

ecowheel_biodiversityStandards of the emission are requirements that every company that has by-product that may be regarded as pollutant must follow to preserve the quality of the air. These standards are in most cases made in the form of allowed emission in some time-frame. Everything above that is damaging to the people that live near that company. There is, not only one method for making those emission standards, but there are few. It depends on few factors, industry, source of the pollutants and air pollutant itself.

deployment_pollutionThe control of the technology requirements is another task that is governed by air quality laws. The point is to develop technologies that would be approved by the government. When the government passes a particular technology that will reduce the emission of pollutants, and then it can adopt the law of air quality that will force all companies that have an emission of that pollutant to use that technology to reduce its emission. Not every technology that helps in reducing the emissions is used due to few factors. Those factors represent the economic cost of that technology, availability, feasibility as well as effectiveness.

If a pollutant is too hazardous at any level of emission, then air quality laws can become legislation that will ban that substance from use. Some laws limit pollution from some substances to zero, but that is not same as the prohibition of the substance. Freon is a case in point; a substance that was used in refrigerators was banned due its strong potential of ozone depletion.

Data collection is a crucial factor in the implementation of air quality laws. This collection is more than often done in several ways that are recognized by everyone. These techniques include constant monitoring of the ambient air for any presence of possible pollutants and direct supervision of the pollutants sources.

Ambient-Air-Quality-MonitoringIt is impossible to attain perfect air quality as it would mean the closure of many of the companies and don’t forget the transport which would be limited to vehicles that produce no pollutants. The governments are reluctant in the passing of the new laws that would reduce the allowed air pollution levels as they directly damage the economy, and that hurts the people who don’t want to lose the money.

The richest people in the world are found in the industry, and every law that limits the amount of pollution if the air hurts them and they are fighting against those laws (it is sad that they are successful). Massive sums of money are invested in the struggle against new legislation and due to that the laws that would make our air healthy, or even close to normal, never see the light of the day.

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Basics of Individual Labor Law

Posted by on Jul 23, 2016 in Hot Legal Issues, Labor Law |

Individual labor law is mainly concerned with rights of the workers, and it is done through few principles I would like to convey in this article.

Labor-LawEmployment terms (also known as a contract of employment) are a leading mediator tool that regulates the conditions and terms of the work between employee and employer. The most of those terms are governed and covered by legislation and common law. That has been in power since feudalism, and now the employer can terminate the working relationship with an employee whenever he wants if reasons for that are legitimate) and employee can terminate that relationship as well, and only some companies require notice from their workers. Contract of employment is binding to both parties, and it limits the power employers once had, and it places conditions for all of the parties involved in that contract.

635875731188818805-1741112739_CoinsMinimum wage is one of the terms that can be found in the contract of employment. Every country has its unique minimum wage per hour, and minimum salary per month.  If a country lacks the explicit laws that govern minimum wage, then the country has to regulate and stimulate that area of employment.  Living wage is another minimum wage, but it is created to allow the full-time worker to support himself and his small family with only that source of income.

Hours of work are conditions that have changed from history. From 16 hours it came down on 8 hours, and in some countries even less.

injured-employee-workingHealth and Safety are two major pillars on which labor law was created. It all began back in 1802 with factory law. Since then the labor law has expanded, and it gained new legislation that protect the workers. The employers are responsible for the safety of their employees and if they don’t meet health and security rules and an employee gets hurt then the worker can sue the company and get compensation for the injury he has suffered. This compensation is more than just money that covers the medical bills; it is also the payment of mental injuries and future loss of income.

Gender Discrimination At Work-2Discrimination is one of the things that are strictly prohibited by labor law. Racial and gender discrimination are worst cases of discrimination and due to the rights of workers, offending parties can lose their job and end up in the court.

Dismissal of employee can’t go through without legitimate motive, as it is written in the convention of International Labor Organization. In reality, it is entirely different, because employers hold the lives of their workers in their hands, and they can fire them whenever they want.

Employee unions and other non-government agencies are always fighting for better laws for the laborers. They work focused on health and safety of the workers as well as the rights workers have. Age of slavery is long gone and even though the employers are pushing laws that would bring the everyday worker at the level of a free slave, the non-profit organizations and labor unions are there to prevent it.

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Laws regarding unlawful combatants

Posted by on Jun 23, 2016 in Hot Legal Issues, Unlawful Combatants |

When we skip all those confusing terms, we get two kinds of fighters in the conflict, lawful combatants, members of organized militias and army members, who are not responsible for violations of the civil laws, if they are ordered to do so by their superiors and unlawful combatants. Lawful combatants must be treated as prisoners of war if they get captured, and their rights must be respected as stated in Geneva conventions.

If it turns out that the prisoner is not a lawful combatant, they lose all rights that lawful combatants have, but they also may gain some rights as it was stated in Fourth Geneva Convention. This is a bit more complicated area because unlawful combatants are considered as valid targets on the battlefield if they attack the enemy.

There are ways in which lawful combatants may lose their status and become unlawful combatants. The most common way to lose that status is for prisoner of war (POW) to take up the arms if he was paroled under the agreement not to participate in the war again. This may turn out to be a complicated thing if a country coerces that soldier to fight again.

Mercenaries are also considered as unlawful combatants, and their rights in the war are not clear. In most cases they are considered as soldiers of the enemy country who have no rights and are usually killed due to the lack of negotiation power other soldiers have. But mercenaries are a prepared for that end, and they are willingly abandoning their rights for the money.

There are also those mercenaries that join the cause without the stimulation that is money. A good example is a recent conflict in the Ukraine, where many foreign combatants joined both sides of the conflict. The countries, from which those soldiers came, jailed them after they came back as it is illegal to be a part of the battle on the foreign soil.

7011244_origThe issue of children soldiers was and still is discussed on a worldwide level. General Law states that children should not be part of the war, especially children that are under 15 years. When a child reaches that age, he or she gains the status of a lawful combatant. But, officials are fighting against that law, aiming to prevent children of any age participating in a war. Common sense should prevail here, and no child under the age of 18 should be sent into a war or considered as a combatant.

2014_1002_somalia_child_soldierThe main issue with child fighters is that many militant organizations use them, and it is sad, but those kids can kill in the same manner as the adults. Almost every terrorist organization and many illegal military organizations use children to wage their wars. There are many disturbing pictures, and videos, showing children with weapons that seem too big for them. The problem is partially in the brainwashing, where the leaders brainwash the children from very young age. Another part of the problem lies in the lack of the government that would force those organizations to stop using kids to further their goals.

 

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