Law

Globalization and its impact on nation state have led to national debate about political, economical and legal aspects of a nation. The essay is a discussion about the meaning of globalization, its impact on nation state, political debate on globalization, nation state and a conclusion in relation to the question. The definition of globalization has connection with economics because it has had an impact in the mode of distributing economical resources among nation state. The focus of the paper is on the issue of globalization and the debate on the impacts felt by people in a given nation who are doing business with surrounding nations.

Economically, globalisation is defined as removal of trade barriers from national borders to promote the flow of goods, capital, labor and service. The flow of these economic requirements without restrictions has brought changes in the way business is done over the whole world. Globalisation has led to interconnection of global activities such that any activity happening on one side of the world is related to activities on another part of the world. It is a way of promoting social development in areas such as reduction of poverty, creation of jobs and promotion of strong nation relationship.

Globalisation should not be taken as the end it is a process that has led to development of various economic sectors over the whole world. The impact of glolbalization is not felt in one economic activity rather it is felt in culture, politics, academics, military affairs and law. There are other areas of globalisation concern but the major area of interest is impact of globalisation on nation state. The impact of globalisation on nation has its own different logics, historical periods and dynamics.

Globalisation can be differentiated from geographical networks in relation to the extent of social flows throughout the entire globe. There is no limit as to the level at which the intensity of social flows is applied in respect to globalisation. The historical geographical networks of globalisation have no limitations in respect to its application. Political power is an area that has been influenced by globalisation. Every state or country is led by a system of governance that has a centre of power. It is this power that has led to promotion of globalisation. Although the policies of one side of government may be different, there is always a common way through which the effects of globalisation are felt. The modern world has been brought closer through invention of good infrastructures such as telecommunication, good transport system and legal systems. The success of globalisation on nation state can be attributed to good communication networks.

The internet has been instrumental in promotion of globalisation because people in one side of the world are able to pass information, exchange goods, acquire important information about development and carry out transactions that are of great importance. Business in this aspect has led to promotion of good relationship in one nation state to another. The free flow of goods, services and capital across the border has promoted independence of carrying on business transaction.

The legal system has promoted globalisation through implementation of laws that protect the rights of nations that are involved in business. Corporation of states and application of common ways of governance has played a key role in the promotion globalisation. Provision of trade information between common nation states is another area that has led to good flow of goods and services over a wide range of geographically distributed nations. Leadership power is a major challenge that has posed as a challenge to globalisation. Leaders of nation states who are driven by the greed of power have brought a lot of complications in the process of globalisation. To implement the process of globalisation, there is need for corporation between the political powers of the participating nations. The process of globalisation among nations in another context is challenged by external forces from military, culture and legal systems. However, states in these nations have worked extensively to overcome these forces and to be independent in their economic plans. Nations have opted to rule over their own people and territory so as to overcome the challenges of political powers.

The impact of globalisation on nation state has brought a lot of debate which results from failure to acknowledge political power of specific leaders. Many political leaders think that globalisation has brought changes in the way of governance. The leaders argue that globalisation has led to prosperity, democracy and liberty to the entire people over the world. The leaders of the nation state think that this will deprive them their sovereignty and thus they will not be in a position of controlling the whole world. The removal of price control by state has also challenged political structure of different states. They are left with no authority over given territory and it is an impact felt by many nations that consider themselves as superpower.

Globalisation is therefore considered as an enemy to political leadership whereby there is depletion of political authority which is taken as a sign of authority. This heated debate about globalisation and its impact on nation state is very much controversial. It has changed the mode of governance in particular sectors of economy and many leaders fear that in the long run, globalisation will have a far reaching impact on the erosion of the power of leaders in nation state. Some political leaders acknowledge that globalisation is the key to success while others consider it as a way of eroding the authority of nation state. To acknowledge well, the impact of globalisation on nation state there is need to address some key areas such as globalisation in politics, globalization on nation state and impact of globalisation on nation state.

Globalisation and its debate in politics
Globalisation covers a wide range of life aspects such as politics, culture, economics, social life and education. These are the major aspects of life that contribute much to the governance of a particular state. A nation cannot survive without politics, promotion of social cultural development and education of its people. Globalisation on its side has led to promotion and support of these life issues so as to promote a common understanding of leadership and politics. There are other common aspects of globalisation that affect leadership. Politics is very much influential when it comes to issues of acquisition, exercise or distribution of power.

The distribution of power therefore, is very much sensitive because some leaders tend to overcome the whole situation and to overrule decisions made by other leaders. Politics and economy are two things that go hand in hand. This means that politics are related to economics in one way or another therefore economy is shaped by politics. Globalisation and politics shape the way resources are distributed or consumed. The wide view of how globalisation has had impact on nation state and resources can be reflected in the way of distributing resources. Impact of globalisation on national state in relation to politics is associated to lack of qualified political leaders who are driven by one motive of desire and corruption. Developing countries are affected mostly by the issue of globalisation as is connected to politics. Most leaders are very corrupt and are not in the position of coorperating with other leaders who are willing to promote globalisation.

Political globalisation results from increased economic activities in a given nation state. This results to establishment of different national boundaries that have effect in the way of administration and service delivery. State administration and uniform allocation of resources to different economies has been influenced by globalisation. This has been made to be possible because of the free flow of goods, capital, services and information. In addition, the removal of trade barriers across the border has led to good supply of goods and services in different states. However, there are some positive and negative effects of political globalisation as is concerned with flow of goods, capital, services and information. The positive side of political globalisation can only be explained in relation to what has been happening in different nation states. Political globalization has provided different leaders in particular nation state the power to govern and administer several areas of interest that support the economy.
 
Basically, politics is interrelated to economics and this gives birth to an economy that is politically strong. This means that politics gives shape to the economy and economy shapes politics. Economic globalisation deals with the flow of goods labor and capital in the world and this enhances political and economic interdependence within nations hence there has been an increase in economic activities and trade as a tool in the world of politics which expands political globalisation. Most globalists will argue that the world we are in today is not the same as thirty years ago and has no borders in terms of economics. The flow of goods and capital brings about the fandamental changes and effects around the globe. For example, individuals or even companies can simply choose on where to invest because they are not constrained by geographical boundaries. National economies are integrated with other international financial markets other multinational companies. This transformation has really shaped and expanded the global world in respect to application of good governance techniques. Many activities that happen in the modern world today have been influenced by political globalization. This has led to existence of particular international dimensions that are observed by people in a given political background.

According to Giddiness, there are four elements of globalization namely intensification, Deeping impact, extensity and velocity. Extensity which refers to economic, social and political activities that spread across different national activities is a key area that has led to promotion of political globalisation. A nation consists of different social economic activities that are carried out throughout the lives of many individuals. These activities are controlled by a leader who is given a position with political power. The political leader is given the duty of executing certain duties that lead to continuous flow of ideas, information and goods over the entire globe. This is a way of making sure that every individual in a given nation state is in a position of accessing services and resources. The proper flow of goods over a nation leads to promotion of unity and satisfaction among the citizens of a given state. It also means that there is creation of interdependence or what is referred to as intensification. Another element of globalisation is known as intensification which means that a minor or local development can have a global consequence which is very much big. When a nation state talks about political globalisation, it is a way of acknowledging that the process of politics is expanding or stretching.

Political globalisation should apply in any level of political development whether it is local or high profile form of political development. This brings about the third element of globalisation that is deepening or broadening. Politics plays a powerful role in that development of any form in respect to the level of economy has global implications over a wide range of activities. Political globalisation has an impact in the way different political agendas are combined with enormous groups that help very much in decision making. Globalisation has led to stretching of decision making process that runs from local to global level of thinking. Stretching in another aspect can be explained in a situation whereby companies that are willing to invest in other geographical regions are very free to do so without constraints. This is a way of promoting common international financial markets that lead to domination of particular sectors of the economy.

In a political globalization, there are no constraints and thus individuals or companies can establish business in their area of interest. It is a way of diversifying business and spreading risks to different areas that are beneficial. Politics and globalisation therefore, have an impact in the area of investment by individuals and companys. Another impact of politics in globalisation is that it promotes fair-trade among nations that have one motive of providing what one does not have. This means that countries that have enough resources are capable of supplying those without in exchange of money or capital. It is also a way of creating employment opportunities to the unemployed. Jobs are created in different parts of the globe and this is one major impact of globalisation on nation states.

Globalisation and the debate of nation-state
Politics of states are very much common especially in the way different concepts are applied as a way of political analysis and disclosure. In the early centuries, the issue of globalisation and borders was very sensitive but when the Soviet Union collapsed, politics of globalisation in regard to borders became less important. The issue of border has taken different direction and what was seen as impossible during this time of Cold War has been possible due to interaction of culture and economy.
A nation state in simple terms can be explained as a country that is governed by central government that has the right of applying moral and legal jurisdictions. The management of nation state by one government has led to formation of one single motive of territorial control which is a way of promoting globalisation. Another impact of globalisation on nation state is promotion of community sovereignty which helps in the control of massive exploitation of people by leaders.

Globalisation has an impact over a given territory where nation state is given the autonomy to work across borders so as to independently achieve policy goals.  Nation state has played a very important role in the establishment of impact of globalisation in the modern world economy. It is very important for learners to understand the meaning of nation state in respect to academic application. The understanding of nation state in academics therefore results to a massive debate as is suggested in various theses. One thesis that explains the impact of globalisation is hyperglobalists which dictates that globalisation is a real life force that aims at producing social cultural behaviors observed in various parts of the world. Globalisation according to this theory is a matter of lifestyle that is practiced by various individuals thus this is one impact of global interrelationships. Opportunities are created by way of embracing globalisation and the effect is even felt by the most remote societies thus removing the constraints that have been put in place by practices of nation state (Smith, 1995, p.69). Complex globalisation theory assumes that states position is very much important in regard to establishment of political economic systems that have made easy access of borders that were not permeable in the past.

This impact means that nation state is a key actor of global economic promotion. The power of nation state government is diversified to different economic sectors that reconstruct the powers and authority of the leaders. Institutionalist theory argues that globalization has an impact on the private sector that often provide strong networking governmental and non-governmental organisations.  These organisations address matters of political economic development on nation states. Nation states under go certain pressures which may have an impact in the way an organization runs its operations.

However, the pressure of globalisation can obstruct the development of some economic activities that are linked to domestic institutions (Held, McGrew, 2007, p.24). There is enough evidence that the world today is undergoing globalisation process and this is a way of self fulfillment. Therefore, the way nation state sees the impact of globalisation depends on policies that relate to political satisfaction.

Its important to note that after the cold war there have been very positive strategic alliances that promote both economic and cultural interaction something that was not possible then. The term political sovereignty refers to the distinctive boundaries within which an autonomous state has control over all political and economic activities. This means that the nation has power to formulate policies independently and without any interference from other close states.The debate on globalisation as a nation state is very diverse and crucial. This is because of the varying academic theories and concepts contrasting each other. In most occasions, globalisation leads to a global social culture which is a real and subsequently affects our daily lives. This means that the effects of globalization are felt within the small remote societies killing the undermining constrains set by the nation states. In my opinion, this is good because it gives these small societies opportunities and chances to grow and be independent in the world of economy. The government is the primary architect and the main economic actor because it constitutes powers and functions for sound economic policies. It also addresses those areas which are not taken care of by the nongovernmental organizations and local companies.

The impact of globalisation on a nation state
It is true that the world has transformed and become diverse as far as globalisation is concerned. Indeed, this has shaped the world of politics, but this transformation has been orchestrated mainly by economic factors. Actually, globalisation has led to world politics but at the same time governments prioritize all the national interests. In other words, they remain discrete on how they approach international markets. Besides, globalisation has opened the gates to global internet markets where firms and even individuals can bargain, buy and sell online without any hiccups. Incase of banking unlike twenty years ago, money can be wired globally from one account from one end to the other part of the world not necessarily the same bank. Other than helping to speed up transactions, it is also very cost effective that is it cuts the prices down by half.

The increased debate about globalisation and state politics assumes some policies that are commonly observed in the modern world today. The common aspect of nation state is the impact of globalisation and economy. The economy of any given state is influenced by political temperature at any given time. When politics are at their peak at any given time period, the economy is severely affected. Nation state at this particular time should be very keen to address the issue of political unrest so as to safeguard the economy. The free movement of goods or services through the borders of a given state has an impact on the economy. When goods are sneaked into one nation state, the quality of states goods is compromised because some of the goods are substandard.

It is also a way of promoting competition among different production sectors. This impact of globalisation on nation state is very much important for purpose of checking the quality and standard of goods. The state must perform its functions irrespective of global impacts. This leads to the promotion of economy through creation of wealth and establishment of strong bonds with other well maintained global economies. National regulation of state functions has led to promotion of a common understanding and practices that help to promote trade affairs. The removal of trade barriers such as import duties, taxes or custom duty are some of the areas that influences globalisation among nation states. This way of doing business is seen to go a step higher than what many individuals expect. A nation in United States of America can transact business with another state in Africa without incurring a lot of costs.

This is one major impact of globalisation on nation state and it is seen to promote free trade and to provide goods and services that are not found in a given state. International trade that has been made possible due to the impact of globalisation has led to prediction of future trade relationships between territory nations that have bad political relationship. Globalisation has made nation states to sign trade treaties with a sole goal of promoting peace and creating strong bonds between member states. Many nation states have engaged themselves into talks that lead to establishment of strong bonds thus sharing some political authority. Good examples of political groupings among nation states include European Union (EU) and European community (EC) that are economically empowered. The organisations lead to integration of economy and also help to resolve conflicts along the border.

The European Union for instance, is a very important grouping that has the capacity to intervene in international negotiation. Due to globalization, the European Union gives aid to its member state incase of any tragedy or emergency. European Community which involves nation state like Britain is a good example of grouping that has led to promotion of economic affairs. This is an impact of globalisation in the modern world that is full of certain economic and political structures.

Globalisation has an impact on nation state in that the gap between the rich and poor keeps on widening. This is because those who have resources dominate the market and political organisations thus leaving the poor without. The poor have struggled to overcome the challenges posed by the rich but lack of authority and power has made it to be impossible. Both the rich and poor meet in the market and purchase commodities at the same price and at the end of it all the poor are more exploited. This impact of globalisation has led to economic challenges in most developing countries.

Conclusion
Globalization and its impact on nation state have shaped the way different nation state address political, economical and legal issues to promote the growth of economy. The impacts of globalisation on nation state as discussed in the essay are real life situations that every nation undergoes in the modern world. It is very important for leaders to put in place good arrangements that promote unity of strong global political system that addresses the problem of economy challenges.

The debate of politics and globalization has led to enlightenment of people in the way to survive with impacts of globalization. The whole issue on globalisation is about power and politics which has led to poor political organisations. The organisations formed in different nation state must put measures to address the impact of globalisation. One key area that should be addressed immediately is to deal with how to reduce the gap between the rich and poor. Globalization and the debate on nation state contribute to ways in which leaders from different nations can join their efforts to support each other.

The Three Strikes Law mandates an extended period of imprisonment for the law offenders who will commit the criminal offense three times in different occasions. Whether it is a violent crime or a serious crime (it also involves violent crime) like robbery, will be qualified for  strikes . The name was actually incorporated in baseball where the batter is allowed to have to strikes and after the third one he will be out. In New Zealand, the Three Strike Law is also set to be a law. In Scoop.Co, Hon Rodney Hide said that Three Strikes deliberately escalates the punishment for repeat violent offenders. Most offenders wont want to risk a second strike. Repeat offenders will be locked up without parole and for maximum sentences . However, the effectiveness and fairness of this law are being questioned.

People had been arguing if this law is effective and just. A lot of people are jailed for committing non-violent crimes and some of them can be considered as petty. In March 1999, a man in California was sentenced for 25 years of imprisonment just for stealing a bottle of vitamins. (Murphy,2000). Some say that the Three Strikes Law is effective to the repeat offenders because that just means that they are really bound in committing a crime.  I believe that New York should adapt this law because I feel that this would reduce the crime rate. There are a lot of crimes that always take place in New York. If people would know about this law, I am sure that they are not going to commit the same crime again. They are going to think twice in involving to different crimes for they are going to be accountable for the  second strike   Regardless of the crime that the criminals committed, they should pay for it justly. So whether a person commit homicide or just stole something, it is just right to make them learn their lesson. There are still other basis for conviction for each crimes that are committed. It just so happened that on the second strike, you will already have a longer sentence and on the third strike, you can never be put on parole. Just like when you did something good, big or small it is still goodness and same as when you did something bad.

In many cases, the standard for admissions into a prestigious law school program is that the candidate must be one with an intense drive to succeed, a desire for excellence and a drive to achieve the goals that have been set before himher. But I believe that in my background, the circumstances that I grew up in made my drive not only to excel but also a sense of compassion for those, like myself, who though were on the short end of the stick, as it were, made the most of what we had, enhanced that and made us better and stronger individuals. I do not see my background as a handicap to what I aspire for, to be accepted and graduate from your august law program, but to learn and hopefully give back to society, to aid those who were in my predicament a few years back, not only in a social essence but also in a legal manner if granted admission into your program.

Growing up, many factors could have been the reason for me just to give up, because of the hostility and apathy of society. My mother, an immigrant from Mexico, was left alone o raise me in a poverty stricken setting. The fact that we were poor and my Mexican lineage became sources of embarrassment for me as I grew up. In school, that differentiation was constantly reminded me by my dominant classmates, fueling my desire to be accepted by the superior class. But that differentiation was not limited to me alone my mother would often come home in tears, those differences and the barriers that they created being reminded to her at her place of employment. The image of my mother crying stirred my passions to desire that inclusiveness to the dominant society, not as an abdication of who we were just to fit in, but a recognition of who we are, to help others in their quest to overcome, and to help the people at the short end of the stick.

In college at Xavier, the embarrassment that I was different was when I had to work a full-time job while trying to graduate by attending night and weekend classes. But the differences that  I had so much perceived to be embarrassments were to become my building blocks towards successfully achieving my goals. In my job at Convergys, one of the leading companies in the world, the experience in working at such a prestigious company allowed me to contribute in a significant manner in my class, benefiting my classmates, while the new knowledge I learned in school allowed me to contribute in return to help my employer. At Xavier, I learned web site design this allowed me to impart that knowledge to help Convergys in the development of the companys intra-net web pages, thus saving the company a considerable amount of expenses.  As a member of the Global Diversity Council at the company, I was able to contribute my real life experiences in communicating and coordinating with other team members at various locations around the world.

I prided myself as a person who was not afraid to ask, so I was the one who always asked the questions that no one wanted to open in class. Also, the experience of going to school while at the same time working full time proved to be an immeasurable advantage to me, since this gave me a first hand, hands on experience at managing and fulfilling multiple tasks all at the same time, though I had initially thought of this as an disadvantage at the onset. Again, I had seen that deficiencies, or differences, can be turned into advantages in achieving ones goal. Again, this was made evident to me as I began my stint as a Corporate Diversity Specialist at Toyota. Utilizing my understanding as a member of both dominant and the non dominant sectors in society, and my fluent use of Spanish, I resolved productivity issues, and improved the relations between company headquarters in Kentucky and the production base in Mexico. Realizing the problem was underpinned by a dearth of understanding of the two parties, I initiated acting on the issue by collaborating with the team in the creation of a course on cross cultural competence, inclusive of the history of the two cultures, the differences and the similarities of each culture.

As a result of this program, the business methods being used by each greatly improved, leading to increased productivity and more importantly, an enhancement of the respect that each party gives to one another.  To further strengthen the bonds that have been established, I visited the production base in Mexico, where I implemented a diversity scorecard, and crafted a diversity policy and a training program suitable to the Mexican cultural framework. These actions has resulted in the creation of a Latino affinity group, developed by myself, that enhanced the respect and understanding of our Latino employees, which constitute 2 percent of the Kentucky workforce. The initiatives I undertook at the Mexican plant has bore fruit in the improvement of our relations with the other plant in Canada and the Kentucky headquarters.
The passion that I possess for the creation of a culture anchored on inclusivity that respects and appreciated the differences in every person has grown into a living and vigorous part in every activity that I go into. In the many experiences that I have undergone these past years, I have found the power of the diversity that we all share, and the importance of using that power as well as integrating it into my activities. In the past when I felt that the differences were a well spring of embarrassment for me, now I understand that they no longer are such for me. As I aspire to be part of the legal profession, these differences need to be seen in all facets of the American society. This can be achieved in the equal opportunity that American law will afford to all citizens, regardless of the factors that define that person. As a person who loves to answer a challenge, passionate about what I believe and practice, and of course, asking questions, I feel the desire to step into the gaps and become a solution rather than be part of the problem, of discrimination and hate and retaliating such acts against those of my heritage. In my chosen field of Employment Law, I want to bring that desire of creating that inclusiveness, and being equipped with a legal education will allow me to become a more effective advocate of that cause. A legal foundation, coupled with my diverse experiences, my heritage, fluency in Spanish and familiarity with another culture will give me the advantage of being a well-rounded lawyer and advocate of the future needs of the future workforce, be they dominant or not.

Article 230 EC lays down the times that an individual or business can challenge some EC decisions that they do not seemingly agree with. In order to bring an action under Article 230, it is necessary for the individual to have locus standi, i.e. they must have a direct or indirect personal interest in the actual decision. This has been interpreted very strictly by the courts and the subject of this paper is to consider whether or not this is a justifiable approach or whether the courts have been unduly restrictive.

Under Article 230(4), there must be an individual concern in order for the individual to have locus standi. This has been stated as being a thought against a decision addressed to that person or against a decision which, although in the form of a regulation or a decision addressed to another person, is of direct and individual concern to the former. It is this interpretation of individual concern that has been criticised as being too restrictive and it is here that the main analysis will be undertaken. In some cases, it has been argued that the European Court of Justice takes such a restrictive approach to when an individual may have their case heard, that the person had been entirely denied any legal remedy and that this is against the principles of judicial protection.

This proposition will be considered in the light of recent cases from the courts.
The actual theory behind this type of mechanism is clear. Whenever there are any rules that allow an organisation to make decisions, it is also necessary that these decisions can be tested in some clear and fair way. Based on this, it is necessary to have provisions such as those seen in Article 230 allowing individuals to question community decisions and to place controls over the actions of the Commission and the Council and also to a lesser extent the Parliament.

In reality, this burden rests with the European Court of Justice in the court of first instance, because it is seen as the independent body which has been trusted to uphold the rules on community in a fair and reasonable way. Under the treaty, the European Community offers a system whereby there can be judicial review of the decisions that are made. It covers both the administrative and legislative acts of the institutions giving it a potentially very wide remit.

Where an action for annulment is sought, Article 230 becomes central. Article 230(4) allows a non-privileged applicant, i.e. every legal or natural person, to challenge an alleged illegal act by the community. This is necessary due to the fact that community law has a direct effect on individuals as well as on member states and therefore these individuals deserve the right, potentially, to bring an action for annulment where they feel there has been an illegal act. It is possible for individuals to request a review of actions from the Council, the Commission, the European Central Bank and the European Parliament. The difficulty arises due to the fact that proving locus standi for such action is particularly arduous and this has a direct impact on the effectiveness of judicial protection.

In order to consider whether or not these positions are too restrictive, the operation of Article 230(4) will be considered in more detail. Broadly speaking, Article 230(4) allows any natural or legal person to bring proceedings against a decision that has been addressed to them or they have a direct individual concern with the decision. Therefore, in order to be able to bring an action for annulment and to initiate review proceedings against a decision, that decision must have been addressed to the applicant, be addressed to a third party with which the applicant has a direct and individual concern, or be a decision that is in the form of a regulation and this can be directly of concern to the applicant. Interestingly, Article 230 does not deal with the possibility of challenging directives by individual people, but as it is a legal instrument of the community, there is no reason why directors could not be challenged in this way. In fact, case law suggests that the legal instrument in question does not prevent individuals from bringing an action.

In order to show that the individual has a direct or individual concern, it is necessary that the legal decision is more than a mere interest. Both criteria need to be fulfilled, i.e. the decision must be both direct and individual. It could be argued that the direct concern is one that affects the legal situation of the individual applicant and allows little or no discretion in terms of how the measure should be implemented. Therefore, where there are rules brought into place and their implementation is not discretionary, parole is capable of having direct legal effect on an applicant. Based on this fact, it is necessary to consider whether or not the member state has a discretion regarding the way in which it implements the community rule. If the members had discretion, then it will be much harder to prove that the individual could bring an action against the community, as the communitys action did not directly restrict their legal rights.

The matter of individual concern was considered in detail in the case of Plaumann v Commission not only did the case discussed the issue individual concern in detail, but it also lays down the general approach that the courts would take when dealing with matters of judicial review. In this case, Plaumann but they dont individual who imported clementines try to bring an action against the Commission, due to the fact that the Commission had talked to me that it was unable to lower the duty on imports of clementines from 13 to 10. As the decision was actually addressed to the German government and not to Plaumann himself, he had to show that he had individual concern in the decision. The court stated that this meant it had to be a decision that affects them by reason of certain attributes which are peculiar to them or by reason of circumstances in which they are differentiated from all other persons and by virtue of these factors distinguishes them individually.

The court held that Plaumann was affected by the decision due to the fact that he was an importer of clementines, but that this did not wish him from other imported clementines or anyone else that chose to undertake this commercial activity from time to time. Based on this, he is not individually concerned as he was only considered due to his status as being commercially involved with clementines. This exceptionally restrictive test has been applied in subsequent cases and has also been the subject of much criticism from a wide range of sources.

In the case of Toepfer v Commission, the alternative decision was reached as the applicant who was an importer of cereals was held to have individual concern due to the fact that the rules only apply to those who attempted to gain an import licence and were refused such a licence on a specific date due to the Commissions decision. It was held, in this case, that he did have individual concern, as the decision applied to a very limited number of individuals and could not be extended at any point. A similar point was made in the case of Bock v Commission where it was stated that A decision is of individual concern to a person when the factual situation created by the decision differentiates him from all other persons and distinguishes him individually just as in the case of the person addressed. A trader is therefore individually concerned by a decision authorizing a Member State to reject the application for an import license made by the said trader prior to the adoption of the decision if the State makes use of that authorization.

Pulling these cases together, it can be concluded that, where the contested measures can have a general application, an individual could never be seen to be individually concerned, no matter how directly the decision may be seen to affect them. It is likely that this could result in some individuals being very badly affected by a Commission decision of not being able to bring an action, due to the fact that they are not considered to be individually concerned.

The restrictions are seen when it comes to challenges that are made against regulations which appear more like fact decisions. The reading of Article 230(4) suggests that regulations can only be challenged when they are, in fact, decisions and if a regulation were to be the subject matter of a challenge, it would have to be viewed as a series of decisions making up that regulation and the same restrictions in relation to individual concern would apply. In reality, however, the court has taken a different approach. Case law indicates that the courts have taken two approaches by looking at the closed category test and also the abstract terminology test.

The application of the closed category test could be seen in the case of International Fruit Company BV v. Commission, where a group of importers had applied for a licence to their own national authorities. The Commission was notified of the application and was responsible for the rules regulating whether or not these licences would be granted. The regulation would only apply to those who are applying for an import licence. It was held by the court that the regulations were, in fact, a series of individual decisions and therefore potentially caught by the provisions of Article 230.

When it comes to the abstract terminology test, the leading case is that of Calpak. In this case, the applicant produced William pears and they looked to another regulation which had advocated the amount of production aid they would receive, based on one marketing year, where previously the amount of aid had been based on the previous three years. The applicant argued that they were a close group and could be easily defined and therefore should have locus standi to bring an action. The court held The nature of the measure as a regulation is not called in question by the mere fact that it is possible to determine the number or even identity of the producers to be granted the aid which is limited thereby.

It can be seen, therefore, that when determining whether or not an individual has standing to bring an action for annulment the court, on the whole, has taken a very restrictive approach, but they have been slightly more lenient in certain areas such as anti-dumping and competition.

Some cases have attempted to justify the restrictive approach taken. In some cases, it has been found that an applicant would be able to bring an action where it was their only way of ensuring equality. Where not allowing an action for annulment would result in a denial of justice, the court will be more inclined to hold that there is standing. As stated in the case of Les Verts the European Economic Community is a Community based on the rule of law, inasmuch as neither its Member States nor its institutions can avoid a review of the question whether the measures adopted by them are in conformity with the basic constitutional charter, the treaty.

Less restrictive approaches have also been seen in competition law cases, although this could be arguably due to the fact that the applicants are often directly involved in the case and therefore establishing direct and individual concern is much easier, rather than it being a policy decision, to be more relaxed in competition cases.

Pulling this together and looking more closely at the actual wording in Article 230(4), it can be seen that, overall, the ethos behind these restrictions is to prevent individuals bringing actions in which they have merely a passing interest. If these were not interpreted very restrictively, the courts could find themselves inundated with mildly interested applicants and this would not be in the best interests of justice. This is a perfectly logical and sensible but it can be argued that the restrictions have gone too far and are now preventing legitimate claims from being brought.

Despite this strong argument for the restrictions, it has left individuals concerned by community action as case law has resulted in establishing standing being very difficult and justice not being achieved in many cases. Controlling actions against the European Community had been something that has been dealt with in other aspects of European law very successfully and it is hard to see how similar equality cannot be achieved in the area of Article 230(4).

One possible explanation could be that the courts goal is ultimately to operate as a form of appellate courts or community decisions and being restrictive in terms of interpreting Article 230(4) is a way of modifying the way in which the judicial system works within the European Community. It would seem that by being restrictive in relation to Article 230 claims of a forced to follow the process is under Article 234, where individuals can bring an action to question whether its member states have acted in light of the community law.

In conclusion, the way in which Article 230 is being interpreted has resulted in an unduly restrictive approach and has at times resulted in individuals failing to bring a claim for annulment. In these cases, a common interpretation of the situation would have been likely to suggest that they did have individual interest, but the courts decided differently. There may be good reasons for this such as the need to restrict access to the courts and to ensure that the court takes a more appellate type role however, as it stands currently, the restriction are such that they prevent justice in many cases and require applicants to look for different means of questioning illegal actions. Currently, the restrictions placed on the application of Article 230 cannot be fully justified, without an alternative being offered.

It is said that power and influence in the legal jargon goes beyond the judiciary. In the current world, some law firms have a lot of influence due their popularity and dominance in the market. Times online legal editors Frances Gibb and Alex Spence in their article law1oo asked

Who are the driving forces at the big City law firms, the generators of billion-pound revenues  the dealmakers who command most respect And is the in-house solicitor, with power to bring a test case, more powerful than the barristers who win it or the judge who decides it And what of those in the backrooms, the unseen lawyers driving the policy cogs of government

This is an indicator that the people are aware and unhappy of what is going on in our judicial system. If this situation continues to prevail, who will be the poor peoples defender  This has caused a lot of unjust judgments. If the best lawyers are only found onboard the high profile law firms and on that matter very expensive, who is going to represent the less fortunate in the society That is a question only the lawyers themselves can answer out of self consciousness. The problem with our courts is that the judges prosecute on grounds of who is representing you. These top lawyers dine and wine with the judges. How then do we expect them not to receive favors from the judges if they are their friends

Business wise, corporate law firms are very expensive. This has helped increase the vulnerability and manipulation of small businesses by the huge firms who have their cases presented by big law firms in the country.

This has greatly influenced injustice in the society with the poor being represented by appointed court attorneys while the rich being represented by top profile lawyers from big law firms in the cities.

Admission essay to the law undergraduate of the year award
Even before I joined law school, I was very sure that my calling was destined to work as a lawyer and that arguing and presenting law facts is a thing cultivated in me. There has never been doubt about what I have wanted to do with my life. When I am in court room I feel that the working environment is more controlled than any where else. I find the satisfaction I get when after winning a case very much fulfilling. I am well conversant with what is required of a lawyer and I have a clear understanding of the repercussions although to me they are just but an urge to pursue further. By becoming an integral winner of the Mayer brown law summer work experience program, will be a step further in building my profile as a lawyer.

I have strong educational background I am expecting at least a 22 in my results. I have been fully active in school activities relating to law and have won various awards in my time of study. I am also am deeply associated with communal work. I participate in community based activities to help create a better place for the benefit of us all and even hold a burning sphere award for event organizing.

I boast of having great communication, listening and interpersonal skills which I believe incorporated by the passion for law I have and team work provided, we will both be able to offer the public the justice they deserve. With the areas I am not conversant with, I will compensate by learning quickly. I adopt quickly to change and collaborate very well with others towards achieving our goal. I believe by adopting me into your program will be a step further towards promoting my career interests and helping you achieve your business objectives

A corporate law project
This is the most interesting and intriguing project I have ever undertook in my time of study. The many cases relating to business fraud and financial mismanagement I encountered in my research were very helpful to me in understanding corporate law fully. The project was to evaluate and relate two cases studies regarding business ethic dilemmas caused by breach of corporate law in the United States and Australia. That led me to unearth the Enron scandal (2001 United States) and the Skase saga (1989 Australia).

The Enron scandal is the biggest audit failure in the history of United States. An analysis on the failure indicated personal involvement on the financial management of the organization. The Enron scandal led to the generation of the Sarbanes Oxley act on 8th, June 2002. United States senator Mr. Paul Sarbanes and a house representative Michael Oxley managed to pass what would be known as the Sarbanes Oxley bill at the senate banking committee. The act was to overlook financial management and corporate governance in organizations.

Similar to this is the Skase (Quintex) saga. Quintex was retail and broadcasting company that performed well in its early days of business. In 1989, the company scrambled down due to bankruptcy. One of the company directors Mr. Ted Harris highlighted the circumstances of the collapse to the public as personal interference of the chief executive in the running of the business. He stated that Mr. Skase was channeling company revenues to his other private companies including the seven network TV station and a number of hotel resorts and clubs across Australia and Asia. These transfers were unauthorized and involved huge amounts of money. In the early 1980s, Quintex was estimated to be over 1.5 Australian billion dollars and by the time of collapse, the company was in debt of over 700, 000 million Australian dollars.

TWO APES IN THE BUSH ARE WORTH MORE THAN A BIRD ON A PLATE
A CRITICAL REVIEW OF THE BUSH MEAT CRISIS

I. INTRODUCTION

The Bush Meat Crisis Big Picture
Bush is a type of forest, and meat is meat. Combining these words gives bushmeat meaning flesh of the wild animals living in an African bush. Recent studies demonstrate that those animals together with their meat are in crisis. According to POSTnote of the UK Parliamentary Office of Science and Technology, 1-3,4 million tones of wild animals meat is sold in Africa annually, including meat of such endangered species as gorilla (and other great apes), African elephant, porcupine and certain species of antelopes. One might ask so what African peoples hunted animals in the bush for ages, so why are we so concerned with this problem now Perhaps they should just continue their traditional living and species will survive just as they survived centuries before But the problem now is much broader than simply hunting for meat. Godall asserts that the bushmeat crisis is the most significant and immediate threat to wildlife population in Africa today.

Several factors make modern crisis troublesome
1. Unsustainability meaning overhunting endangered species resulting in impossibility of normal recruitment
2. Industrial equipment products of civilization including new types of hunting weapons, vehicles and massive construction of roads makes animals especially defenseless
3. Profitability of bush-hunting providing immediate gains but causing long-term negative effects
4. Growth of population needing protein products
5. Lack of environmental regulation and awareness between African peoples
6. Disease transmission (including AIDS and Ebola) through meat of hunted animals.

Consideration of the abovementioned factors turns the bush meat crisis into a complex problem reflecting major problems faced by Equatorial Africa at the eve of the XXI century. This paper will demonstrate the crisis as a complex problem Part II shall give an extended definition of bush meat and bush meat crisis, Part III shall concern aspects of the crisis (hunting for meat, wildlife trade, exotic pet trade, logging etc), Part IV shall propose solutions for the defined problems, Part V shall contain conclusions from the paper.

II. WHAT IS BUSH MEAT
A. Bush Meat Affordable Food Source-historically used sustainably.
1. Locals Livelihoods And SustenanceSubsistence
Indeed, indigenous people living in the African bush supported made their living out of hunting for ages. For those living in tropical forest area hunting became a primary source of proteins, since massive farming and cattle breeding is impossible on woody territories (like Congo basin). Thus, the people of the bush depend on hunted proteins, which make 60-80 of meat eaten in the Congo basin area. Obviously, not all of the inhabitants of the area make their living out of hunting, however, not all of the meat of the hunted animals is eaten by those people in need for vital proteins. Existing hunting rates in Africa currently six times exceed sustainable levels. Meet consumption in tropical Africa increases 3 annually, while the number of wild animals is becoming increasingly marginal. The amount of bush meat regularly sold and eaten in Africa has been estimated to 1 million tons annually in 2000, while in 2005 the esteems suggested 3,4 million tons, including 28 million bay dunkers and 7 million red colobus monkeys hunted in the Congo Basin yearly.

Wildlife is an available and virtually free source of meat for the local rural communities. Statistics show that rural areas consume a greater part of the hunted wild animals meat, while in the urban areas wild meat is effectively replaced with chicken meat which is cheaper than wild meat in the cities. However, countries like Congo do not demonstrate a tendency towards urbanization, as population grows 4 annually with urban population growing only 1,5-2 annually. This suggests that wild meat consumption shall continue to increase 2-4 annually. Consequently, hunting is likely to become the most immediate threat to wildlife in the Congo basin area in the next 5-15 years. Considering that alternative sources of animal protein are hardly available for the local inhabitants, a chain reaction of hunting and extinction should be expected when more hunting shall result in extinction of species and this extinction shall result in more competitive and active hunting. This is likely to cause a set of problems. Central among those problems shall be extinction of endangered species and food shortage in the poor rural communities of Central Africa.

III. BUSH MEAT CRISIS
A. Wildlife Trade.
1. Hunted Species.
Bush hunters most often do not target particular species. No matter where meat comes from, whether from widespread species like duikers or pigs or endangered ones like gorillas. Hunting preferences are determined by easiness and profitability of hunting. Studies conducted in 1990-s show that most preferable are medium-size species including 9 of antelopes, 18 of primates and 3 rodents as well as birds, snakes, lizards. 60 of the hunted species are hunted unsustainably.

Different species are hunted for different purposes. The most widespread species are hunted for meat to support the living of the natives. Great apes are hard to find and hunt, so their meat is now viewed as a delicious and expensive elite product hunted with intention to further sell them. Elephants are hunted for both meat and ivory. Some species, like crocodiles are hunted for valuable skin used for production of exotic products and ornamental objects. Such commercial hunting is increasing from year to year due to increasing interest to bushmeat products (including exotic meat, skin and ornamental objects) on the global markets.

2.  Food.
According to esteems, 60-80 of natural proteins in the Congo basin and West Africa are gained from bush meat. There is a notable difference in bush meat consumption among various social groups. Rural communities gain most of their animal proteins from bush meat while in the urban areas bush meat provides only about 4 of consumed animal proteins. Bush meat is popular among the poor due to availability and comparative cheapness. Those poor people are interested in survival, so their hunting is unselective. An alternative source of proteins river and sea fish, however, access to fish resources is limited in the inland, except for this, fish resources are limited just as bush meat resources are.

Recent case studies in West Africa suggest a different picture of bush meat consumption. Certain sorts of bush meat (like the arms of gorillas) became an elite expensive product, and the richest part of the society prefers bush meat to meat of household animals. In the case of those elite food products, animals are hunted not for home market only, but for foreign markets as well.

3. Exotic Leathers and Furs.
Except for bushmeat local economies benefit from by-products like skins and fur of the hunted animals. In contrast to bushmeat hunting, often performed for survival, hunting wild animals for such by-products is almost exclusively of commercial character. Certain species are valuable skins only, including carnivores, pitons crocodiles, alligators and other reptiles. Furs and skins are used for local production of household articles (shoes, bags, etc.) and souvenirs for supplement of local income as well as for export to the foreign markets for production of more sophisticated goods.

4. Ornamental Objects.
Trading ornamental objects manufactured from bushmeat by-products is becoming increasingly profitable in Africa. Except for products manufactured out of skin and leather, this includes staffed animals and parts of their bodies, decorations and religious objects made using parts of animal bodies and household items. Most popular of all are ivory and rhino horns with their intrinsic value for people ready to buy them for ever higher prices. According to esteems, the price of ivory increased twofold between 1970 and 1990 both thanks to increasing demand and decreasing population of elephants in Zaire, Congo Tanzania and South Africa.

5. Exotic Pet Trade.
Exotic pets from the bush are sold as valuable gifts and status symbols. Animals (especially apes) are usually caught as babies after their parents were killed for meat. The price of a single ape baby on the black market increases almost twofold between 1995 and 1999. At that, most of the caught babies die without adequate housing and veterinary care soon after being caught.

6. Traditional Medicine.
Traditional beliefs including belief in traditional medicine are still strong in Central Africa. For example, in some rural areas of Tanzania chimpanzee bones are believed to increase health and vitality. Although not being a primary target of bushmeat hunters, traditional medicine commodity trade increases the general profitability of bushmeat hunting.

7. Biomedical Research And Teaching.
Thanks to their relation to human species, apes, especially chimpanzees, are attractive objects for biomedical research and experimenting. 1970s were a period when chimpanzees export for medical purposes boomed in Africa to the countries like USA, Japan and Europe. This practice ceases in early 1980s, however, apes are still used as experimental objects in local research institutions. Animal bodies are used for educational purposes as well, including stuffed animals production. Recent scientific developments suggest usage of animals hunted as bushmeat as transplantation donors and material for genetic research.

8. Stocking Of Game Hunting Farms.
Contrasting usual bushmeat hunting for survival and commercial purposes, game hunting is a developing business for the rich, which can be both legal and illegal. Legal game-hunting and safari-games are often viewed as a partial solution of the bushmeat crisis. Thus, Zimbabwe recently introduced a so-called CAMPFIRE program under which certain communal areas are provided for controlled game-hunting and the hunters are encouraged to use cameras but not weapons. Local people benefit directly and indirectly from such programs, as they increase employment and provide them with legally and sustainably hunted bushmeat.

Another pole of the problem is illegal game hunting conducted for entertainment of either local rural inhabitants, or richer urban classes. This type of hunting remains largely uncontrolled and unsustainable affecting rarest and most endangered species like gorillas and chimpanzees.

9. Zoos And Safari Parks.
Keeping animals in zoos and safari parks enables preservation and reproduction of endangered species in case performed legally. However, there exists a problem of illegal trapping endangered species for export to the zoos worldwide, especially affecting young apes. Certain problems are related to legal Safari parks as well, including overhunting and occasional killing of rare species.

B. Access Becoming More Available.
1. Logging
The vulnerability of bush fauna for hunting is ever increasing as a result of of human penetration into the bush, including mining, road construction and logging. In the latter case illegal bushmeat hunting is indirectly sponsored by the logging companies. Developing infrastructure (including road construction and cleaning forest areas for construction sites) fragments the bush into separate portions making bushmeat hunting more available and additionally open the previously wild areas for new settlers. The hired workers performing hard physical labor are in greater need for protein-containing products than ordinary local inhabitants and their salaries enable buying hunting weapons while their equipment and transport greatly facilitates hunting.

In Congo logging has been identified as the greatest long-term threat to endangered species due to overlap of logging concessions.  Existing logging practices proved to be unsustainable both in terms of volumes and methods. The situation becomes even more dramatic considering public socio-economic interests, including dependence of state and local budgets on timber revenues.

2. Commercial Hunting Ventures.
Traditionally, bushmeat hunting was a source of survival for the local communities, however, economic development of African states including development of international trade resulted in a shift towards commercialization of bushmeat hunting, dramatically affecting bush wildlife regeneration. According to esteems by Robinson and Bennet, hunting pressure on the wildlife in Africa is stronger than in any other region. Over 15 animals are hunted annually per one square kilometer of African tropical forest (compared to 8 in South America and 6 in South-East Asia), while the total number of animals killed by commercial hunters rates to 19 million in Central Africa and 18 million in West Africa (compared to 17 million in Brazilian Amazon and 6 million in other Amazon countries and South-East Asia).

Establishment of commercial ventures for bushmeat hunting as well as utilization of bushmeat by logging and mining enterprises, equipped the hunters with new technologies like guns, wire snares, battery-powered lights, and motorized transport. Workers hired among local people bring these new technologies to indigenous tribes. In combination with improved infrastructure new technologies increase the easiness and profitability of bushmeat hunting and deplete hunting risks to lower levels.
 
Better equipment and organization combined with lower risks of bushmeat hunting lead to expansion of wildlife crisis to regions and species not previously endangered, especially large species like gorillas, lions and elephants. Additionally, commercial activities are interrelated in their damage to the wildlife, when, for example, animals hunted with better equipment are transported by better roads to the markets which are now closer to the bush thanks to cleaning of large forest areas. The problem is likely to increase in future since weak economies of Central Africa countries are unable to provide their growing population with sufficient employment, thus directly encouraging illegal commercial bushmeat hunting.

3. Loss of Habitat
Human penetration into the wild areas would be a threat for animal life even without uncontrolled hunting since it results in drastic loss of habitat for bush species. Accodring to conceptual model of biodiversity loss constructed by Wood, Stedward-Edwards and Mann (2000), the loss of habitat may take forms of habitat reduction, habitat fragmentation and habitat degradation. The habitat is reduced by logging and cleaning of forestry areas for human commercial activities (including agricultural expansion). The remaining portions of the habitat are further fragmented by infrastructure like roads or electric power lines separating animal groups from sources of food and water as well as from each other reducing animal reproduction opportunities. The remaining portions of the bush are subjected to degradation as a result of general ecosystem decline including vanishing of flora species, water pollution and air pollution.  

In a short-term prospective the animals may survive habitat loss by migration to unaffected regions, however, their future survival depends on availability of such virgin areas not yet occupied by resident population of the same species or similar species occupying the same ecological niche. However, in the long-term perspective, ruination of habitat implacably reduces animal population since the bush is able to support only a limited number of animals.

Except for direct habitat loss, habitat modification is likely to affect primates population. Such habitat modification begins with small-scale disturbances by local inhabitants. For example, in the regions around Tana River in Kenya the locals cut rare trees for canoes affecting population of certain apes species. Such unseen changes in the ecological system structure are likely to increase with further growth of population and degradation of forests. The long-term influences of such minor disturbances remain largely unknown, however, according to recent case studies, they are likely to gather like a snowball and result in unpredictable consequences.

4. Loss of locals livelihoods and sustenancesubsistence.
Historically, local livelihoods in the tropical forests of Africa depended on bushmeet as an indispensable source of food. However, as observed by Short, human-wildlife conflict is growing and with crop raiding and hunting of livestock taking a large toll on the livelihoods of many poor people. And it should be noted that wildlife conservation through protected area systems continues to be resisted by poor people who are denied access and use rights in such areas.

Most households in West and Central Africa are concentrated in rural areas and their dependency on bushmeat is extremely high. This creates an important link between biodiversity conservation and sustainable management of natural resources on the one hand and traditional livelihood conservation on the other hand. Current overpopulation creates an endless circle in which more people hunt more animals for bushmeat unsustainably resulting in decrease of animals population resulting in even greater competition between hunters and more active hunting resulting in further extinction of wildlife. This vicious circle is further aggravated by lack of awareness between rural people in Africa and their rapacious approach towards nature. Being deprived of opportunity to lead their traditional way of life the poor men eagerly hire themselves to work for logging, construction or hunting corporations and contribute to ultimate ruination of local wildlife and, consequently, of their own livelihoods.

In their attempt to combat the problem African governments introduce national programs like the abovementioned CAMPFIRE program in Zimbabwe or Tropical forestry Action Plan and Forest Policy Dialogue in Cameroon aimed to integrate local bush communities into sustainable agricultural production. Such programs do have notable effect, however, being delayed by institutional weakness of public sector in African states and general implementation blunders, they are still far from completion.

C. The Spread Of Diseases.
Fragmentation of the forestry areas and concentration of species on small territories has yet another long-term negative effect. Smaller and denser animal population is a favorable environment for active diseases transmission, especially considering food shortage. Smaller living area brings apes closer to people facilitating virus penetration from one species to another. Apes are especially vulnerable to flu and other seasonal diseases, while apes revenge with fevers (including Ebola) and AIDS. A case study performed in 2002 in Cameroon revealed that over 20 of pet monkeys were infected with SIV which is likely to penetrate to human blood through bites and infected meat.

Human-animal contact does not only contribute to transfer of existing diseases but brings along new diseases as well. The so called zoonoses are presently human diseases originating from animals. Viruses and bacteria which could be relatively save for an ape can mutate into extremely dangerous forms in human organism with HIV being the most famous example of such mutation.

D. Human Overpopulation
Overpopulation is a relative term meaning that a particular territory is no longer able to provide sufficient nutrition for the increased population in case existing economy methods are preserved. Human population in Africa is on rapid increase thanks to better healthcare and existing traditionally large families. In such states as Cameroon the population doubled in recent two decades, especially in the rural areas. Unsustainable and uncontrolled hunting as well as decrease of forestry areas leads to shortage of bushmeat food supplies.

According to Wilkie et al., the normal population density which a bush is able to support in case traditional hunting is continued is 1 man per 1 square kilometer. However, current population density of the Congo basin (according to Wilkie) makes 99 men per 1 square kilometer or 5-20 persons per square kilometer according to Bushmeat A Wildlife Crisis in West and Central Africa and Around the World. In West Africa the population density makes 27-78 persons per square kilometer.

African governments attempt to resolve the problem of overpopulation by teaching the locals to cultivate corns and perform sustainable management of natural resources, however, these attempts are not always successful, mostly due to lack of organizational pattern, ineffective management and human ignorance. The most notable problem here is mosaic distribution of farmer lands resulting in further fragmentation of the bush and grave human influence on its ecosystem.

E. Huge problem of extreme poverty
The problem of poverty is the most important social cause of the bushmeat crisis and the main driving factor of the bushmeat trade. Poverty and destruction of environmental systems are strongly interrelated and interdependent through the system of complex links. Abject poverty results both from nutrition shortage and loss of human habitat. In this case the fate of the poorest people in Central Africa is hardly different from the fate of the apes as they both suffer from civilization penetrating into the wild.

Due to the mentioned interrelation the problem has to be resolved by a set of complex measures considering that better environment would mean better living conditions for the poor. However, this problem is aggravated by high human mobility, instable political environment and conflicts of interest related to illegal commercial use of natural resources. Additionally, recent experience shows that where people are dependent on bushmeat they are likely to resolve the problem of poverty by massive hunting, but not by application of new economic methods This makes the implementation of strategies aimed on poverty reduction complicated if at all possible.

IV. SOLUTIONS TO PONDER
A. Policy And Legislation
Bushmeat problem is a subject of both international and national legislation and policy. On the international plane bush wildlife fells under protection of Convention on Biological Diversity, signed, inter alia by Botswana, Cameroon, Central African Republic, Congo, Cte dIvoire, Mozambique, Nigeria, Zimbabwe and other nations of Central and West Africa. Article 6 of the mentioned Convention provides an obligation to  (a) Develop national strategies, plans or programmes for the conservation and sustainable use of biological diversity or adapt for this purpose existing strategies, plans or programmes which shall reflect, inter alia, the measures set out in this Convention relevant to the Contracting Party concerned and (b) Integrate, as far as possible and as appropriate, the conservation and sustainable use of biological diversity into relevant sectoral or cross-sectoral plans, programmes and policies.

The earlier Convention on International Trade in Endangered Species of Wildlife Flora and Fauna (CITES) established restrictions for such trade aimed on wildlife conservation, including obligation of the parties to establish inner legal restrictions for such trade (articles 3-6 of the Convention). The parties to the convention are all states of West and Central Africa. In 2000 the Central African parties to the CITES (including Cameroon, Gabon, CAR, Congo and Equatorial Guinea) established a sub-regional working group for management of protected wildlife areas and identified particular steps in the sphere of harmonization of legislation, enforcement of national wildlife protection policies, informational support of wildlife protection campaigns and sustainable natural resources management. In 2001, the parties set up measurable standards to monitor their progress. Currently the program is being implemented by the states-parties, including following legislative measures taken by the states

Republic of Congo. The Congolese law N48 .83 of 21 April 1983 determines guidelines for wildlife exploitation, granting of licenses and permissions for wildlife exploitations and wildlife protection, as well as sets up the list of offences against wildlife and corresponding sanctions.

Following the 2000 Conference Congo adopted a new Forestry Code, which notably expanded the powers of the national Forest Administration, as well as aggravated responsibility for forestry legislation violations. As of 2003 the Congolese parliament actively worked to pass new laws on forestry and wildlife, paying special attention to development of communications and informational strategies.

Republic of Cameroon. The new Cameroonian Forestry Code divided the forests of Cameroon into permanent protected forests and permanent forests in which human activities are permitted. The code additionally regulates use of hunting weapons and methods, providing decentralized forest management and protection exercised by the local communities.

Cameroonian government actively promotes European-sponsored wildlife protection programs (ECOFAC, APFT, PCGBC, FOFARI, CARPE, PRGIE, SNV, GEF, TREES). Most notably, The National Forestry Action Plan provided opportunities for broad reformation of national policies, increased official awareness and foreign assistance.

The Republic of Gabon. Gabon applies model similar to the one of Cameroon, including adoption of a new Forestry Code which contains classification of wild species living on the Gabonese territory, conditions of hunting and organization of synergetic events in the hunting areas, establishment of cooperation between rural hunters and urban meat traders and conditions for obtaining hunting permits and licenses.

The Republic of Equatorial Guinea. Bellos report gives special notice that Equatorial Guinea strives to implement regional wildlife protection policies beyond formal dedication, and, as one of the initiators of 2000 meeting, Equatorial Guinea started implementing policies similar to those developed in 2000, in its legislation already in the 1990s. This includes legislation on wildlife conservation, sustainable use of natural resources and forestry areas fragmentation and protection. National Forestry Development Fund exists in Equatorial Guinea since 1994, National Parks have been created by a decree of 1997, and protected forestry areas exist since 2000.

The Central Africa Republic. The state demonstrated its dedication to wildlife protection since 1984 when the Order N84-045 of 27 July 1984 set forth the basic principles of hunting activities. The law amended the provisions of Order N74-72 of 28 June 1974 concerning bushmeat trade. The modified legislation provides obligatory licensing of hunting activities, as well as reporting both by bushmeat hunters and bushmeat traders. Recent ECOFAC project offered further amendments, however, these have not been yet effectively implemented.

Currently, illegal bushmeat hunting and trading became a matter of concern far beyond African states. European governments implement policies aimed to prevent illegal bushmeat import into the European Union. In 2002 the European Parliament unanimously passed a resolution condemning bushmeat trade. The World Bank and the European Union cooperate with African States in their efforts to prevent illegal bushmeat hunting. Such cooperation includes scientific and technical support like creation of working groups working to increase public awareness of the problem both in Africa and worldwide.

B. Land Use Considerations.
The abovementioned policies can be viewed as a first step towards development of effective natural resources management and wildlife protection policy. Currently African nations implemented only some fire-extinguishing measures like certification and control over bushmeat hunting and prohibition of illegal bushmeat trade. Only Cameroon and Equatorial Guinea currently introduced long-term legislative measures aimed on creation of sustainable land use and protection areas like national parks and protected zones (like Equatorial Guinea) or development of non-exhausting and nature-friendly framing and logging (like Cameroon). It should thus be expected that other African nations would copy Cameroonian and Guinean experience, including establishment of forestry administrations and classification of lands.

Cameroon offers a prospection for further development of lands management in Africa. Alternatives to Slash and Burn (ASL) program is currently applied in Southern Cameroon aimed to study the impact of primitive exhaustive methods of farming on the quality of land and classify agricultural lands based on the program findings. Application of similar programs in other African countries could be effective for implementation of more effective and less exhaustive farming methods which would enable solving nutrition problems and thus reduce the dependency of the locals on bushmeat.

C. Awareness And Education.
As shown above, the bushmeat crisis is largely a result of poor awareness of rural African people of the problem and expected consequences. Thus, promotion of education and awareness is likely to be effective in combating bushmeat crisis. As long as the bushmeat crisis is a complex problem, it requires complex informational and educational campaigning in all fields from population control to propaganda against illegal hunting.

Education has been identified as one of the primary means to combat illegal bushmeat trade by the Food and Agricultural Organization in 2002. Among existing notable educational programs are

- CERCOPAN project (Nigeria) is designed for students. The project includes educational rally, traditional dance festival, banner competition

- Bushmeat Crisis Discussion Group (Cameroon). The purpose of the project is to encourage wildlife conservation by educating the future generations of the Africans and to increase general awareness of the bushmeat crisis in the African society through establishment of wildlife clubs in secondary schools, organization of field tours and other awareness activities.

- Forests Partners International (Liberia). The program is implemented by a group of officers educating people in areas around Sapo National Park. Attention is drawn to sustainable use of wildlife resources and explanation of threats caused by uncontrolled hunting.

Several educational programs are performed by major western zoos in cooperation with the African zoos. Such projects are designed both for African and Western audience. The latter is becoming increasingly aware of the bushmeat crisis, including through global youth cooperation projects. Thus, the Jane Goodall Institute supports the Roots and Shoots youth project dealing, among other issues with the bushmeat crisis in the programs like Tchimpounga Youth Campaign.

D. Public  Private Initiatives.
Educational projects are designed for long-term perspective to make African societies involved into solution of the bushmeat problem both on public and private planes. The public level includes national governments, local communities and commercial companies, the private level includes NGOs and individuals.

The basic task of the states is to pass effective wildlife protection legislation including delimitation of forest areas and defining protected areas and areas of free hunting, hiring personnel for monitoring and prevention of illegal bushmeat hunting, licensing hunting and sale of hunting ammunition, prevention of commercial trade with illegal bushmeat, research for alternative sources of proteins, care of sustainable logging, development of nature-friendly infrastructure projects, promotion of nation-wide research of wildlife state and protection prospective, promotion of environmental education and awareness.

The initiatives of local communities may include sustainable use of land, promotion of local nature protection systems, environmental education on local level, development of alternative sources of living for the local communities, combating customary and religious practices of hunting endangered species, monitoring and prevention of bushmeat trade within the community.

On the part of the private companies one should expect teaching and training employees to apply nature protection practices, contribution to sustainable nature resources management (for example, planting trees by the logging companies), monitoring and prevention of bushmeat hunting in the areas of their interest and by their employees, ensuring that the companys equipment and transport is not applied for bushmeat hunting.

Non-government organizations and individuals can contribute to resolution of the bushmeat crisis by adhering to governmental regulations and policies on biodiversity conservation, non-government research and monitoring, collaborating with the government and local communities in solving the crisis, promotion of general awareness and knowledge, research and suggestion og alternative protein sources, arranging teaching and training within local communities. The additional task for the NGOs shall be arranging of informational exchange between nations facing the bushmeat crisis. The first step towards such general non-government cooperation is the alliance formed by several international NGOs establishing a working group on the Convention on International Trade in Endangered Species. Currently the alliance concentrates on enforcement of existing regulations, however, they may actively contribute to development of new regulations and policies in the future.

E. Food Security And Livelihoods.
The ultimate resolution of the bushmeat crisis is possible only in case its primary cause is eliminated, namely the critical dependency of the local livelihoods on animal proteins acquired from bushmeat (see Sections I and II of the present paper). Neither of the above measures is likely to be effective without resolution of this underlying problem. Thus, the African governments striving to eliminate the bushmeat problem will have to offer alternative methods of agricultural production and alternative sources of animal proteins.

Apparently, the overcoming of the food crisis would require the governments and the publicity to recognize two basic facts 1. The bushmeat is an unreliable, unstable and unsecure source of nutrition 2. There are biological limits of the environmental system, including limits of food which can be provided by a particular territory and limits of population which is able to maintain its living on a particular territory.

As has been mentioned previously in this paper, alternative sources of nutrition do exist, including agricultural crops, fish and household animals. The best solution for the African nations would be complex development of their agricultural sectors in order to ensure availability of replaceable protein sources. Another solution is overcoming isolation of separated rural communities and arranging cooperation between regions and internationally. This would enable fast delivery of food in case of short-term lack of nutrition products in a particular community (for example in the case of draught) thus increasing their food supply security and discouraging the locals from viewing the bush as a source of cheap and available meat.

V. CONCLUSIONS
It can be asserted that the first and the most important step towards resolution of the bushmeat crisis is already made. African nations and the entire mankind has acknowledged the problem and the need to combat it. Notable measures are already taken, including working out of international and national legal framework and development of long-term anti-crisis policies. Nations like Cameroon and Equatorial Guinea proved to be successful in enforcement of legislative measures directed against the crisis. However, the performed actions enabled to mitigate the immediate threats only. Solid performance in combating the bushmeat crisis has yet to be achieved.

In the midterm perspective, anti-crisis measures have to be targeted at resolution of general nutrition problems in Central Africa. Finding alternative sustainable source of protein and providing food supplies security for the rural livelihoods would enable to eliminate the underlying cause of the crisis.

The long-term perspective should be directed at achievement of two purposes 1. Sustainable nature resources management, including logging and commercial hunting 2. education of the African people in issues concerning wildlife protection and sustainable natural resources management in general and threats associated with bushmeat in particular. With consideration of this prospective, an ultimate resolution of the bushmeat crisis appears to be a matter of two or three decades.

The document of proportionality happens to be a article that is supposed to answer the question of whether while in the process of regulating what is referred to as the fundamental rights, the administrator or the legislature has taken the least or the appropriate choice of measures. This is usually done so as to achieve the legislative object or rather the administrative order purpose as the case may be. According to this principle, the court is usually expected to see to it that the administrative authority and the legislature all the time maintain a proper balance between the administrative or the legislative order adverse effects and liberties or interests of the person while at the same time keeping in mind their intended purpose.

It is always right to protect the majority of the people in the community. Due to this reason, it may be advisable that a search may be done on the information that is getting to and from the prisoners. However, this does not mean that all the information that gets to them should be scrutinized. It should be done only to those people who are suspected of doing something wrong. However, this may be a very difficult case to balance and therefore this is the reason why things such as letters should be opened before the prisoners or before the lawyers. (Beatson, 2005)

For there to be a balance, there is a need for a random search as this would discourage those people who may be thinking of doing so. In addition, this is the best way to ensure that there is security in the cells which would maintain law and order at the same time prevent crime. However, such activities or random searches should be done when the prisoners are not there. In addition, they should not know that it has been done. However, the court advocated for the search to be done before the prisoners, but this may not be the best idea because, they will be aware of the search and therefore go ahead and hide what they do not want seen.  (Leyland, 2008)

There is a document that presents the prisoners privileged legal correspondence and there is a chance that most of the prisoners have not read it. In fact, most of the prisoners are not aware of this document and therefore they may think that it is the right of the prison to search all their commodities in their absence.

However, the human rights activist may argue that the prisoner have the right to be there while the search is being conducted. He or she has the right to allow or even to refuse the officer to search the premises. This maybe a very conflicting argument as we all understand that the people in the prison are there because they have broken the law. There is no way that they can be given all the rights as they will result to more cases of insecurity. This is what is advocated to by the judge in Regina v. Secretary of State for the Home Department case but the decision should be revisited for security purposes.

However, according to the principle of proportionality, they have the right to a private life even when they are in prison. They should therefore be allowed to enjoy part of their private life but serving them with journalists will be way too much. While striking a balance, it should be clear to them that they have a right to private talks and private information which should only be regarding their case. However, they should be regularly searched so as to ensure that there is security. If they are not searched, they may be hideouts for illegal drugs and other illegal goods.

The court should make it clear that the main aim of searching the prisons is to prevent any concealment of materials that may be endangering the security in the prison. It has nothing to do with depriving the prisoners their right to private life and therefore it is a necessary activity. In addition, it should be clear that these searches should be done in the absence of the prisoners. The reason is that if they are there while the search is being done, they may become familiar with the search techniques and over time they may still be able to find some goods from the officers. In addition, if they are present, they may interfere with the search activity by conditioning the officers on where and when to search which makes it very ineffective.

However, the prisoner is supposed to have the legal professional privileges. This is a balance that should be maintained by all means. This means that even though the officers must ensure that the prison is safe by randomly searching the cells, they should allow the prisoners to have materials and information concerning their case. The prisoners should not be deprived the chance to have the information on their case. It is the duty of the officers to make sure that they distinguish the material that are a security threat and those that are important to the freedom of the prisoner.

In conclusion, even though the Human Rights Act clearly postulates that every person has the right to privacy, this may not necessarily apply to the prisoners as there are some security measures that need to be applied. Proportionality may apply in this case but there has to be some exceptions of what can be searched and what cannot be searched. The prisoner has the right to have private information concerning his case or complaints but he has no right to order or stop the search in the cell. The exception of the principle is that the officers have the right to do a random search to the cells without the presence of the prisoners or their awareness.