The Benefits of Advances in Communication for the Visual or Hearing Imp

The Benefits of Advances in Communication for the Visual or Hearing Impaired Language is a means of communication that people use to interact with separates in society. Generally, language comprises vocal sounds to which meanings have been assigned by cultural convention and often supplemented by various gestures. (Sharma, 30) For any normal person, language is no longer viewed as a tool to acquire language is placed as a standard and rudimentary skill, almost being considered given at birth. Such an idea about language is reasonable when taking into account how the development of speech and language is acquired in early childhood. But as a rule, such a standard and basic process of language development is only relevant to normal people, those without any sensory impairments such as blindness or deafenness. For the blind and the deaf, acquiring and developing language is a studious process - the blind having to depend extensively on their hearing, and the deaf depending extens ively on their vision. With restricted sensory abilities on thorough development of language, both the blind and the deaf can be limited to possible communication and fundamental interaction with others in society. Consequently, many computer related technological inventions and improvements have been developed, and both the blind and the deaf have significantly benefited from these innovations as a way of having wider penetration and use of language in day-to-day living.Indeed until an emergence of technological innovations, the blind and the deaf suffered limited access of communication and interaction with others, among many other things. In order to fully understand and analyze affects of technological innovations on language development, social interactions, a... ...arry. Working with Braille, a study of Braille as a medium of communication. Switzerland Unesco 1981Holbrook, Cay M. Ph.D., ed. CHILDREN with VISUAL IMPAIRMENTS a Parents Guide. Woodbine House, 1996. Lewis, Morri s Michael. How Children learn to speak. London, Harrap c1957 Oesterreich, Lesia. Understanding children, Language development. April, 2004. Sharma, Vimlesh. Cognitive Styles and Language Comprehension of The Blind. Delhi, India. 2001Sterne, A and Goswami, UC (2000) Phonological awareness of syllables, onset-rime units and phonemes in deaf children in Journal of Child Psychology & Psychiatry & Allied Disciplines, vol. 41, no. 5, July 2000, pp. 609-626. General information from DEAFSA and American Foundation for the Blind

Inflammatory Bowel Disease Essay -- Diseases, Disorders

The term subversive Bowel Disease (IBD) is a general name given to a few disorders that all fall chthonian the category of inflamed intestines (they become red and swollen.) This is usually callable to a reaction the body causes against its own intestinal tissue. The two most common types of Inflammatory Bowel Disease are ulcerative Colitis (UC) and Crohns Disease (CD). Crohns disease posterior affect any part of the gastrointestinal brochure however, it more commonly affects the small intestine or colon. Inflammatory Bowel Disease is a chronic disease, which means that it lasts a long time and can occur frequently. There are some cases where a person will only suffer from one occurrence of Inflammatory Bowel Disease, and then be in remission from there on. Others will have many occurrences. Sufferers of Inflammatory Bowel Disease will go through stages of flare ups and symptoms. Both Ulcerative Colitis and Crohns Disease share the same stages of symptoms. When the diseases are considered active, this is when there is inflammation and irritation. When the diseases are considered to be in remission, the inflammation is lessened or non-existent with no symptoms.The most common sign or symptom of both Ulcerative Colitis and Crohns disease is abdominal pain and diarrhea. Diarrhea can figure from mild to severe (as many as 20 or more trips to the bathroom a day). If the diarrhea is extreme, it can lead to dehydration, rapid heartbeat, and a glom in blood pressure. And continued loss of small amounts of blood in the stool can lead to anemia. (Rosario, 2011) Constipation may also occur due to an obstruction in the intestine or inflammation.Symptoms may depend on which section of the gastrointestinal tract is affected, and may also range in... ...lt in imprint. If depression occurs there are also support groups and counseling available to patients suffering from these diseases. Works CitedHarvey, S. (2010, September 28). Health central. Retrieved from http//ww w. healthcentral.com/ibd/irritable-bowel-syndrome-000069_7-145.html Mayo Clinical Staff. Inflammatory bowel disease. Retrieved fromhttp//www.mayoclinic.com/health/inflammatory-bowel-disease/DS01195/DSECTION= tests-and-diagnosisRosario, J. F. D. (2011). Kids health. Retrieved from http//kidshealth.org/parent/medical/digestive/ibd.htmlRowe, W. (n.d.). Inflammatory bowel disease. Retrieved from http//www.emedicinehealth.com/inflammatory_bowel_disease/article_em.htm Tresca, A. (2009, May 2). The Difference between ulcerative colitis and crohn. Retrieved from http//ibdcrohns.about.com/od/ulcerativecolitis/a/diffuccd.htm

Hurston :: essays research papers

Zora Neal Hurston was the daughter of a Baptist Preacher born in Alabama on January 7, 1891 only 26 years after slavery was abolished. When she was ternary her father moved their family to Eatonville Florida. Eatonville was the first incorporated shadowy community in America, a place that Zora held as the black utopia. Zora was able to receive an education and realize her B.A. in Anthropology from Columbia University in 1928 (Zora). Her father was the mayor of Eatonville which allotted her opportunities that many other blacks did not have, but that is not to say that being the daughter of a black mayor from a black town made things easy for her. Zora eventually became an accomplished novelist and folklorist as well as an authority on black culture from the Harlem Renaissance (Zora). Her greatest novel was that of Their Eyes Are Watching God, however when the book was released in 1937 it was criticized by the black community as strike downplaying the hardships that blacks of that clock time had to endure at the hands of whites subsequently the book was shelved and forgotten until the 1970s. Today because of a revival of her novel it is considered to be a modern literary command (Verma). The town that Zora grew up in was a rural black community. Because her interaction with whites was very limited she did not have the constant contrast or acquaintance of being a minority. As far as she was concerned she was no different, or at least she held the same value as everyone else. It was not until she was send to school in Jacksonville Florida that she actually realized her diversity, or as she put in her short story To be Colored Me, the very day that I became colored (Hurston). When she arrived in Jacksonville it was the first time that she had such a great contrast of her color to that of the larger of society. I was not Zora of Orange County any much I was now a little colored girl. I found it out in certain ways, in my heart as well as in the mirror (Hurst on). Zora was lucky however to have grown up in an all black community where she was not harassed for her color and looked down upon by others. As stated above she was not even aware of her color until she went to a major city where the majority of the population was white.

Coal and Iron and the Unification of Germany in 1871 Essay -- Blood an

Coal and Iron and the Unification of Germany in 1871 In 1862, Bismarck said that the groovy questions of the day will be settled by blood and iron. Although there is undoubtedly some degree of accuracy in this statement, the most key flat coat for the nuclear fusion of Germany, which ended the great questions of the day, was coal and iron. This is a quote from British economist John Maynard Keynes, who argued that the industrial and economic preparation before the wars, which join Germany, were to a greater extent important. This is because the economic strength created by the rapid industrialisation enabled the creation of a powerful Prussia. It was under this powerful Prussia, with some skilful diplomacy and opportunism, that Germany was successfully united in the wars of German Unification. Without such economic development and prosperity, it is questionable whether Germany would have been united by 1871. The main reason for the unification of Ger many by 1871 was coal and iron. This includes important factors such as the presence of raw materials in Prussia, the development of the railways and the Zollverein in Germany, and the industrialisation, which took place in Prussia, particularly in the 1850s. This economic strength, stems back to the Congress of Vienna, where Prussia was disposed(p) mineral rich land. It gave Prussia the coal and iron producing areas of the Rhineland, and the mineral rich Ruhr and Saar. The availability of such natural resources created an economic take off in Prussia in the 1850s. As a result, Germany became Europes largest producer of key industrial commodities, such as coal and iron. New mines and iron works w... ...d, stable financial environment. This enabled a strong and successful Prussia to emerge. Prussia was then able to progress to unite Germany. This was because the strong economy permitted the establishment of a strong military extort. This strong military f orce was then able to go forward and unite Germany by blood and iron. This process was undoubtedly assisted by the skilful negotiation and opportunism of Bismarck. The longer-term factors the economic and industrial factors enabled the shorter-term reasons for unification to occur. Without a strong financial backdrop, Prussia would not have had such a powerful and efficient army, which was clearly important in the unification of Germany. It was iron and coal that enabled the new German Reich to be proclaimed in the Hall of Mirrors, Versailles on 18th June 1871.

My Bondage and my Freedom Essay -- Literary Analysis, Frederick Dougla

At first glance, the book my bondage and my freedom by Frederick Douglass appeared to be extremely dull and frustrating to read. After rereading the book for a second time and paying closer attention to the little details I have complete this is one of the most impressive autobiographies I have read recently. This book possesses one of the most touching stories that I have ever read, and what astonishes me the most virtually the whole subject is that its a true story of Douglass lifetime. Douglass does a masterful job of using his own experience to expose the injustice of bondage to the world. As the protagonist he is subject to keep the reader interested in himself, and tell the true story of his life. As a narrator he is able to link those experiences to the wider experiences of the nation and all society, exposing the corrupting nature of slavery to the entire nation.1 Although this book contributes a great amount of information on the subject of slavery and it is an extr emely valuable book, its strengths are overpowered by its flaws. The book is loaded with unnecessary details, flowery metaphors and intense introductory information but this is what makes My Bondage and My Freedom unique. passim the entirety of the book, Douglass presents himself as a neutral figure who can see both the negative and positive side of any issue, even slavery. He presents a rational account of why slavery exists and does so without attempting to discuss the morality of the topic at hand. Despite spending a lot of time discussing the cruel masters and supervisors he encountered in life , his anger is not towards those who support slavery, but the institution of slavery as a whole.Nature has done to the highest degree nothing to prepare me... ...glass tumultuous Atlantic crossing on a ship full of slave-owners, his exploits as a traveling lecturer in England, Ireland, Scotland, and Wales, and the more dear fighters abroad who collaborate to purchase Douglasss freedom from Thomas Auld in 1846 21. I understand he does not want to publish his escapism for fear others will get caught but it was still very disappointing and ended the book blandly. With all of this said, would I suggest this book to a friend? The answer is both yes and no. Although this is a remarkable piece of literature, it is not easily understood by everyone. If I knew someone who enjoyed reading extremely coarse and detailed auto biographies I would suggest this book to them without hesitation. This book is not for everyone, but if it is in the hands of the right person this could be a life altering and enlightening book.

My Bondage and my Freedom Essay -- Literary Analysis, Frederick Dougla

At first glance, the throw my bondage and my freedom by Frederick Douglass appeared to be extremely dull and frustrating to read. After rereading the book for a second time and paying closer attention to the little details I have realized this is one of the most impressive autobiographies I have read recently. This book possesses one of the most touching stories that I have ever read, and what astonishes me the most about the whole subject is that its a true story of Douglass deportment. Douglass does a masterful job of using his own experience to expose the injustice of thralldom to the world. As the protagonist he is able to control the reader interested in himself, and tell the true story of his life. As a narrator he is able to link those experiences to the wider experiences of the nation and all society, exposing the subvert nature of slavery to the entire nation.1 Although this book contri thoes a great amount of information on the subject of slavery and it is an extr emely valuable book, its strengths are overpowered by its flaws. The book is loaded with unnecessary details, flowery metaphors and intense introductory information but this is what makes My Bondage and My Freedom unique. Throughout the entirety of the book, Douglass presents himself as a torpid figure who can see both the negative and positive side of any issue, even slavery. He presents a rational account of why slavery exists and does so without attempting to discuss the morality of the topic at hand. Despite spending a lot of time discussing the cruel masters and supervisors he encountered in life , his anger is not towards those who support slavery, but the institution of slavery as a whole.Nature has done almost nothing to prepare me... ...glass tumultuous Atlantic crossing on a ship full of slave-owners, his exploits as a traveling lecturer in England, Ireland, Scotland, and Wales, and the many dear friends abroad who collaborate to barter for Douglasss fre edom from Thomas Auld in 1846 21. I understand he does not want to publish his escape for fear others will get caught but it was still very disappointing and ended the book blandly. With all of this said, would I advert this book to a friend? The answer is both yes and no. Although this is a remarkable piece of literature, it is not easily understood by everyone. If I knew someone who enjoyed reading extremely long and detailed auto biographies I would suggest this book to them without hesitation. This book is not for everyone, but if it is in the hands of the right person this could be a life altering and enlightening book.

How to have a relationship Essay

A race is a way of connecting. The connection could be between people or objects. listening to my grandmother talk about relationships helped me understand how involvements have completely changed over times. My grandmother stated that relationships where more valued tail end then and people stayed unitedly for all the right reasons. She informed me that when you loved someone you loved them like no other. When it came to marriage they lasted longer than they do now. Having a relationship with someone was the thing to do.At one time relationships actually had meaning people were with each other because they loved them. This showed me the commitment part of relationships, when people actually stayed faithful to the somebody they were with. Nowadays men and woman say I love you just for the fun of it. But be honest everyone you get it on or knew either ants a relationship, has a relationship or has played a role in one either as the main lover or the sideline. Relationships are complicated, complex commitments that we take goodly or play around with like a rag doll.Serious relationships start from the mind knowing what it is that you compulsion how you want it and how youre going to get it is the first step in committing to a relationship. Yes commitment can be very hard to do. Especially when were aban simulateed to doing things our own way without having to answer to someone else. Understanding the soulfulness you are trying to commit to is a good way to start a serious relationship. It is important to gather as much information as possible and take as much time as needed to ensure that you know the person that you are in a relationship with.Taking the steps and looking at past relationships can help you understand if the relationship strength be what you are looking for in life. It is true that no matter how long you have known a person you may neer genuinely know who that person really is. It is also important to know what we want before committ ing ourselves in. Whether that relationship is a marriage or just a gent/ girlfriend committing to someone should begin with feelings being involved. Relationships become complicated when you have disagreements, other people etc.I feel that it takes two to pass on a relationship work and if both parties are non commented then it will never work. Its like the eighty-twenty rule which explains that one person is giving in that location all and all and the other person only gives what is necessary at that time. How can a relationship work if both parties are not on the same level and are not committed to each other? Complicating in relationships come from problems that we cause ourselves, from not committing or giving our all to the relationship. As for myself Ive had a few relationships in my day.Some good ones and then some that I would give anything to take back and wish that I had never committed myself to. Not saying that you would have the same outcome as I did but just make sure that the love is real. If we go into a relationship knowing that we are not there for a long time then it makes the relationship less complicated. In these type situations just make sure that you inform the person with how you feel before going into the relationship. It is important to have a clean taste of what each party wants.Having false feelings in a relationship can be the most hurtful thing when you actually find out so therefore try to avoid approach path into these situations. Communication is a huge part of a serious successful relationship. Communicating with your partner is a very good stress reliever and understanding method. Having conversation builds trust and loyalty, which are two other things that are very important in a relationship. When a person is in a relationship they expect their partner to be understanding, have good listening skills and be there when they need you.Sometimes its just best to sit back and listen to what the other person had to say. Y ou never know what you might learn about your partner if you just listen. Always remember to keep the lines of colloquy coarse throughout the relationship. For me, I think that one of my biggest downfalls in previous relationships is the lack of communication between my partner and me. I also have problems with my partner not being able to support himself and maybe even helping me every now and then, dont get me wrong Im not asking him to take care of me in no means what so ever but help every now and then would be good.As I did research on the topic of relationships, I learned that there are several steps that can be taken to have a successful relationship. First it is important to ensure that you trust your partner. Does your partners communication lift you just to bring you right back down? How do you and your partner deal with conflict in your relationship? Do you have compatible financial values? When you are thinking about starting a new relationship think about some of thes e questions. They might help you to understand the relationship better and if thats what you really want. Maintaining a trusting and steadfast relationship is going torequire some work on both sides and especially in these times. As long as there is trust and communication between both parties then there is a good chance that the relationship will work. I plan to take my time and know the person that I intend to be in a serious relationship with. I dont want to hurt anyone and I definitely dont want to be hurt. I look forward to finding love one day that is meaningful and lasting but until then I will continue to inform my partner how I feel and what I am looking for in the beginning. I will ensure the line of communication stays open.

Case Memo as a hired consultant Essay

In this assignment, students give read and analyze a case study. In response to the case study, students will release an analysis in railway line memo format, sourceed to the Board of Directors for the company. The memo is written by the student acting as a hired adviser for the company.The case study to be analyzed, The Case of Plant Relocation, is attached.By completing this assignment, students will meet the outcome(s)identify respectable issues that arise in domestic and orbiculate profession environments using an understanding of ethical concepts and of legal and business principles develop and evaluate alternatives to, and recommend solutions for, ethical predicaments, taking into account ethical and legal requirements and the inwrought mission of the business enterprise effectively communicate to internal and external business stakeholders the complexities of ethical issues, suggesting and analyzing various solutions in order to ensure appropriate business practices and accountability Requirements of Case Memo 2Draft memo using the prescribe format (subheadings/sections) prescribed below All sections must(prenominal) be comprehensive, in-depth and fully justified Resources from previously assigned course materials or from your own research may be used to justify and support rationale All in-text citations and resources must be in APA styleSubmit the completed case in the Assignment Folder.Memorandum FormatTOFROMREDATEInclude all the hobby subheadings/sections in the memoINTRODUCTION Brief intro to subject of memo.FACTS SUMMARY Summarize and explain the facts that ar directly significant and relevant to the ethical dilemma in this case.ETHICAL DILEMMA Discuss either/or ethical dilemma facing the company.ETHICAL ISSUES Discuss two (2) of the most significant ethical issues related to to, and arising from, the ethical dilemma and then, explain all(prenominal) ethical issue and why it is an ethical/moral issue, etc.ALTERNATIVES List, explain and justify one (1) accomplishable alternative/solution for EACH ethical issue to address and resolve the ethical dilemma and each ethical issue discussed above.Alternatives should be feasible, logical, directly related to resolving the ethical dilemma and addressing the ethical issues in the case.Alternatives argon expressed in the form of propositions or prescriptive statements suggesting action and are framed by asking the normative question, what could or should the company do? Consider consequences. Identify relevant stakeholders and the effects on them, pros and cons, etc. of each alternative. Apply ethical theories in context of your evaluations, but dont over-do this aspect. For example, teleological or consequentialist theorists would examine who the stakeholders are, both internal and external to the company, and the positive and negative consequences for each group, etc. tribute Recommend one and only one (1) alternative from the two (2) alternatives suggested above. Ju stify and explain your choice discussingwhy you recommend this alternativehow, specifically, the recommendation will address the ethical dilemma and ethical issues how the recommendation will likely impact relevant stakeholders pros and cons of your recommendationfeasibility of your recommendationhow the recommendation will be implementApply ethical theories, resources from previously assigned course materials, or resources from your own research to justify and support your recommendation.FUTURE IMPLICATIONS for RECOMMENDATION Discuss potential implications arising from your recommendation forthe companyother businesses within the industryother industriesCONCLUSION Summarize the case and its ethical issues, implications, etc.The Case of the Plant RelocationYou are the forefront executive of Electrocorp, an electronics company, which makes the onboard computer components for automobiles. In your production plants, complex hydrocarbon solvents are used to clean the chips and other parts that go into the computer components. Some of the solvents used are carcinogens and must be handled with extreme care. Until recently, all of your production plants were located in the joined States. However, the cost of production has risen, causing profits to decline.A number of factors lay down increased production costs. First, the union representing the workers in your plant waged a successful strike resulting in increased salary and benefits. The pay and benefits package for beginning employees is or so $15/hour. A second factor has been stringent safety regulations. These safety procedures, which apply inside the plant, pay back been expensive in both time and money. Finally, environmental regulationshave made Electrocorps operations more costly. Electrocorp is required to put its waste through an expensive process before depositing it at a special disposal facility.Shareholders have been complaining to you about the declining fortunes of the company. Many of Electr ocorps competitors have moved their operations to less-developed countries, where their operating costs are less than in the United States, and you have begun to consider whether to relocate a number of plants to offshore sites. Electrocorp is a major employer in each of the U.S. cities where it is located, and you know that a plant closure will cause economic dislocation in these communities. You know that the employees who will be laid off because of plant closures will have difficulty finding equivalent weight positions and that increased unemployment, with its attendant social costs, will result. However, you are aware of many other corporations, including your competitors, that have shut down their U.S. operations, and it is something that you are willing to consider.You have hired a consultant, Martha Smith, to investigate the sites for possible plant relocation. Ms. Smith has years of experience working with companies that have moved their operations to less-developed countri es to reduce their operating costs. Based on your own research, you have asked Ms. Smith to more fully investigate the possibility of operations in Mexico, the Philippines, and South Africa. A summary of her report and recommendation for each country followsMexicoA number of border cities in Mexico would be cost-efficient relocation sites based on labor and health and safety/environmental factors. Workers in production plants comparable to Electrocorps earn about $3 per day, which is the wonted wage. There is frequent worker turnover because employees complain that they cannot live on $3/day, and they head north to work illegally in the United States. However, a ready supply of workers takes their place.Mexican health and environmental laws are also approbative to production. Exposure to toxic chemicals in the workplace is permitted at higher levels than in the United States, allowing corporations to dispense to some degree with costly procedures and equipment. Mexicos environment al laws are less strict than those of the United States, and a solvent recovery system, used to reduce the toxicity of the waste before dumping, is not required.The only identifiable business risk is possible bad publicity. The rate of birth defects has been high in many Mexican border towns where similar plants are in operation. Citizen health groups have begun protests, accusing the companies of contamination leading to illness.PhilippinesConditions in the Philippines are more favorable than those in Mexico in terms of labor and health and safety/environmental factors.The prevailing wage in the Philippines is about $1/day, and young workers (under 16) may be paid even less. As in Mexico, the workers complain that the rate of pay is not a living wage, but it is the present market rate.The health and safety and environmental regulations are equivalent to those in Mexico, but on that point have been no public complaints or opposition regarding birth defects, cancers, or other illnes ses.South AfricaConditions in South Africa are positive in some respects, but not as favorable in economic terms as in Mexico or the Philippines. The prevailing wage in South Africa is about $10/day. Furthermore, there is a strong union movement, meaning that there may be future demands for increases in wages and benefits.The unions and the government have been working together on health and safety issues and environmental protections. Exposure to toxic chemicals in theworkplace is not permitted at as high a level as in Mexico and the Philippines. Although the equipment necessary to reduce toxic chemicals to an acceptable level is not as costly as in the United States, this expense would not be incurred in the other two countries. Furthermore, there are requirements for a solvent recovery system, which also increases operation expenses.You have to decide how you would like to proceed. Your options are to select an abroad site for relocation or to simply continue all operations with in the United States.

Rhetorical Crtique Essay

On this rhetorical critique, I will be talking about the driving community of the state of Florida. As we all know, Florida is infamous for its terrible accidents. John Couwels and Vivian Kuo, journalists for CNN, prepared an hold about the multi-car scare that occurred on January 29th,2012, where 11 people were killed and 46 others were injured. I chose this article because car accidents are a daily event in the state of Florida. However, the roads are spacious and for the most part, well designed. Florida drivers are being held responsible for the wreck due to their lack of safety precautions used while driving through a high fog/smoke area, caused by a close forest fire. This article is great for a project proposal it addresses the drivers bad decision making when faced with cautious situations.The article named Florida Highway Patrol around drivers didnt slow before crashes, explains that the Florida Highway Patrol prepared a traffic report holding the drivers of the crash, responsible for their actions by continuing to drive without headlights or warning signals, and without slowing down. The highway patrol quadrupled their staff on the road, and reported that conditions were clear enough to drive. Barely half an hour later, a car crash involving 25 vehicles closes the I-75 by gainesville.According to the report, drivers did not take the proper precautions assigned after fog and smoke warnings were placed on the road, causing more vehicles to disclose into accidents that did not have enough time to be cleared from the road. This article informs us really well of a community problem. The authors use quotes from people who be the scene giving a sense of complete reasoning or truth over emotion. The article continues by saying that the highway patrol has already accepted different measures and policies to promote a more secure Florida through professional law enforcement and traffic safety awareness. The specific type of writing is quoted when witnesse s or police officials are interviewed. The writing that is used in the article is useful for making the reader visualize the event through a witness eyes.

Effects of capitalism

Capitalism West has been an important destination in American history. starting time it was a discovering target for Louis and Clark, later it became a spot for people to seek abstrusees in gold rush. Whether it was for money or establishing settlement west has deform an important place for American people. For these reason, one of the family who moved out west were the loads. During 1930s, Midwest was hit hard by the great- depression. And to aggravate these effects dust wheel were sprawling all over Midwest. The Joads were immensely devastated by these conditions in The Grapes of Wrath by John Steinbeck.First the author shows how the all over Midwest families were the target of dust bowls because the take was over used and crops werent rotated. Because people couldnt grow their own crops, they had to borrow money from lenders, only to end up in debt they couldnt pay. Since the debt wasnt paid their land was taken away by the banks and corporation leaving them without Job or income. To coup this process The Joads decided to head out west looking for an opportunity to feed in their family. But their hopes will be overturned by the misery that awaits them. In chapter 19 of The grapes of wrath, Steinbeck summarizes howCapitalism has left man-kind to turn Inhuman. During the 30s the rich were becoming richer and poor were becoming poorer. in that respect was a distinct line between upper and lower class. Whether it is Oklahoma or California, the wealthy showed no gratitude for the poorer. In Oklahoma the banks wanted to make gain from land by combining thousands of acres together. Same situation applied in California. But the land in California was stolen from Mexicans by the early derelict feverish squatters. Steinbeck uses distinct diction to assert that early settlers in west can be compared with incoming Okies.As time went on, these squatters children had lost their lust for land. Even though their forefathers had earned the land through hostility, But for naturaler generation the hunger was gone, the feral hunger, the gnawing, tearing hunger for land. Author uses this run on sentence to explicate how the lives of the land owners were effortless, because hunger is one of the instincts that motivates mankind. Since their predecessor had left them wealthy, the owners didnt value the land. These owners had distinct themselves from farming. They had lost their lust for a shining blade to plow it, for seed and a indmill beating its wings in the air.Steinbeck uses imagery to demonstrate the importance these tool would hold for a granger, but the owners did not recognize them because they had separated themselves from farming. Since their connective with land is lost, the owners turned their attention to making money and profit. Steinbeck illustrates the shift from man-power to machines during the 30s. One man on tractor can replace twelve families on a farm. With this transformation the man shifted from a farmer to a shopkeeper and manufacturer. This transition made the land owners less sympathetic to land.Farming is no longer their main occupation because the crops were reckoned in dollars, and land was valued by principal plus interest. Steinbeck compares rich owners with banks in Oklahoma. The owner no longer tarmed tor teeding their tamily or tor survival, but tor making solely profit. In contrast of rich owner the Okies only want to farm to feed their family and for their love of land. Steinbeck shows the owners in California had become so powerful crop failure, drought, and oversupply were no longer little deaths within life, but simple losses of money. But this reason would be death within life for a farmer in Oklahoma.If a farmer had experienced crop failure or drought, it could mean they had to go into debt for feeding their family. The banks took the land from the farmers because of the debt. This resulted in mass migration from Midwest to California. Since the rich owner treated farming like i ndustry, they did not care for their workers. Steinbeck shows that the Owners followed Rome. He compares the migrants with slave because the owner gave low wages only enough for living and not living. This shows the greediness of the farm owners. This also portrays the affect that capitalist economy has had on the rich owners.In The Grapes of Wrath, Steinbeck shows the unpleasant conditions of working class during the 30s. During those times people from Midwest suffered socially and economically. Thousands of people migrated west to seek a better life, only to be left devastated. In difference from the misfortune farmers, the banks and rich land owners took advantage of new machine age to increase their wealth and profit. This in turn lead to industrial farming and left the farmers Jobless. It shows the selfishness of upper class and hardship of the farmers. The result of capitalism led to a chaotic situation between landowners and the poor.

Hong Kong Today

Liberal Studies F4 Second termHong Kong Today ? Indicators used to understand poverty in HK ? ? ? ? Income Health Education ? ? ? Living conditions job Community / family support Section 1Poverty Disparity / discrepancy between rich and poor ? Gini coefficient Range from 0 to 1 0 = income dispersal is absolute able 1 = income distribution is absolute unequal ? Challenges faced by poor people ? Employment usually contract staff, low income, overleap labour shelterion ? ? ? ? Support limited support channels from administration Living standard X fulfill basic needs (eg. ealthcare service) Intergenerational poverty kind no family time ? marital / familial conflicts ? Disadvantaged groups ? Men vs. Women do house impart + child care ? HK citizens vs. New arrivals less assistance from establishment disagreement (reduces HK citizens job opportunities) ? ? CSSA Comprehensive Social Security Assistance HK governmentpositive non-interventionist approach ( ) ? ? ? A regulator rat her than a provider of welfare programmes melt market / trade policy ? Minimal government intervention Low taxation system Liberal Studies F4 Second termHong Kong Today Section 2Quality of Life ?Measuring QoL ? Dimensionseconomic social political cultural environmental ? Objective indicators (statistical data) Income wealth gap Social welfare life prevision Electoral system voter turnout rate Variety of cultural activities museums libraries Living space air pollution index Subjective indicators (peoples feelings) ? rapture with economy / income satisfaction with prevalent health, freedom of speech, welfare Satisfaction with governments performance Perceived human rights enjoyed Satisfaction with cultural environment, diversity Satisfaction with living / natural environment Obstacles to better QoL in HK ? HK has a pervasive culture of long civiliseing hours ? Stay until boss leaves ? Not much idiom on importance of work-life balance ? Constant reaffirmation of good workin g ethics ? ? Life chances are determined by individual efforts Weak joint bargaining power between workers ? Strategies used in promoting labour rights ? ? ? Legislation and enforcement Management and regulation Education and publicity ? ? Public engagement Research ? Organisations and treaties ? worldwide Labour Organisation (ILO) ? The Universal Declaration of Human Rights (UDHR) ?The International Covenant on Economic, Social and Cultural Rights (ICESCR) Right of everyone to enjoyment of just & favourable conditions of work Safe and healthy working conditions Rest, leisure and reasonable limitation of working hours Liberal Studies F4 Second termHong Kong Today Section 3Rule of righteousness of nature ? Rule of Law ? All individuals are equal in front of law ? Government should act in accordance with its established statutes ( ) ? ? ? Both the government and the citizens must act according to such statutes The independence of the judiciary institution is guaranteed to maint ain rule of lawHow to ensure judicial independence ( ) ? ? Way of appointing judges should be away from external pressure Constitutions ( ) should be written for and monitored by people ? Rule of law is actualization of constitutional democracy ? Principles of rule of law (remember ) ? Everyone is equal before the law ? Government should act in accordance to the law ? The law should not have retroactive effect ? ? ? ? ? ? ? ? ? Judicial independence The law clauses should be simple and easy to understand The law clauses should not be self-contradictory Filing an appeal ( ) is allowed Judicial review ( is allowed Legal aid is offered Should go through sufficient public consultation Assume innocence before conviction / proven guilty Law should be the lowest limit to protect individual freedom *** Police power should be limited under rule of law ? Functions of LegCo ? Enact ( ) laws ? ? ? Control public expenditure Monitor the work of government Unfairness of District Council elections ? Not all DC members are elective directly by voters ? Some DC members are appointed by Chief Executive ? Presence of ex-officio members ( ) Liberal Studies F4 Second termHong Kong Today Section 3Rule of law ?Functional Constituencies ? Rationale for introducing FCs To use their professional person knowledge for the benefit of the public by helping people ? analyse problems Reason to maintain FCs To ensure balanced elaborateness ? people, government and business vault of heaven / FCs should play an equal part in decision-making Contradiction between balanced participation and direct election renderatives of government and FCs are not directly elected by people Fundamental flaws of FCs Not directly elected by people Distrust by people at the beginning Emphasise too much on their own interests ?Often oppose to motions supported by directly elected GC members An obstacle to motions that are beneficial to general public Corporate votes Encourage corporate welfare Represen t only interests of certain groups instead of whole sector Profitability of businesses often depends on government licenses, regulations, subsidies government count on support of business interests in LegCo and CE elections ? ? ? ? ? Not all practitioners working in the sector / industry can vote develop voting system ? Motions supported by GCs are often opposed by FCs ? Promote favouritism towards business sector / government?Criteria for democratic electoral system ? Principle of universality ( ) ? Principle of equality ( ) Electoral Affairs Commission ( ) ? Ensure that elections are carried out in a fair, open and transparent manner ? ? ? Geographical Constituency has a broader electoral base (no. of registered voters) than Functional Constituency Liberal Studies F4 Second termHong Kong Today ? Chief Executive Election ? Term of stance 5 years, renewable once only ? Elected by Election Committee (800 members) Election Committee (2008) 1. Industrial, commercial and financial sectors (200) 3.Labour, social services, religious and another(prenominal) sectors (200) ? Section 3Rule of law 2. The professions (200) 4. Political sector members of LegCo, HK deputies to NPC (200) Article 45 of Basic Law ? The ultimate aim is the selection of CE by universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures Latest development ? EC increases from 800 to 1200 ? 75 of 100 additional seats for political sector occupied by DC members ? ? Why EC is divided into different subsectors? ? Ensure balanced participation and broad representation ? Increases the legitimacy ( of government Expansion of EC ? Advantages Include people from different sectors to elect CE EC composition resembles diff. sectors in bon ton ? Reflect views of diff. people ? People more contented ? Fairly high legitimacy level of CE Disadvantages Not all people can couch vote in CE election People may think that electors in EC cannot fully represent their views Presence of corporate votes undermines the representativeness of EC ? Represent corporate interests but not general public interests No political competition in some sub-sector elections ? Weaken legitimacy of CE ? ? ? Small rhythm election

Wisdom: Question and H. Norman Wright

Wisdom Khaled Sabri Instructor Curtis Jones Christian Excellence March 18, 2013 Wisdom Wisdom is the hardheaded translation and application of the word of God to everyday life. It is an integration of knowledge, experience, and deep instinct that incorporates tolerance for the uncertainties of life as well as its ups and downs. Theres an awareness of how things tour out over time, and it confers a sense of balance. There are four components to wisdom (1) Words from the wise, (2) Asking wisely, (3) being a someone of understanding and (4) demo a little benignancy. Beginning with words from the wise H.Norman Wright states in his book How to get Along with Almost Anyone that The words you implement connect you to other people. provided how are you connected by a cord that binds you together or a barrier which keeps you at a distance? Wright provides us with an guinea pig of existent life describing the experience at the Department of Motor Vehicles Youll have to get in the ot her line. Didnt you read the instructions? Or Youll have to keep up back Monday Morning. When we use the word you as a part of an order or command, we usually end up punching someones resistance get-up-and-go. Asking wisely connects with the words we use. H.Norman Wright states in his book How to get Along with Almost Anyone that Questions are an important part of human interaction. Some people use caputs to deepen and enrich their relationships. But many people use questions to pry, maneuver, gain advantage, attack, trap, setup, or break down the defenses of the others. We need to ask questions open ended as opposed to closed. A good example is How do you like the restaurant? as opposed to Isnt this restaurant awful? One allows the other person to state their own thoughts and perspective while the other closes the other person out and just shows your own viewpoint.The third component is that we need to be a person of understanding. We need to understand where the other person is coming from and be able to put the attention on them and not just on ourselves. H. Norman Wright states in his book How to get Along with Almost Anyone that The major characteristic of a person of understanding is revealed in Proverbs 1429 He who is ho-hum to anger has great understanding, but he who is hasty of spirit exposes and exalts his folly. The Fourth component is that we also need to show a little kindness . We all know what it feels like to be taken for granted.H. Norman Wright states Do you know what it feels to be taken for granted? you continue to give of yourself over a period of time and yet there is no response to, or recognition for, your efforts. Even we should be able to give freely and lovingly without expecting anything in return, most people respond well when their efforts are acknowledged(Wright, H. N. , 1989) A little kindness can take you a long way in our path to acquiring along with others. These four components of wisdom are all steps in better ways to get along with others.By better understanding each other, and by possessing wisdom, you will be able to have better relationships with the people around you. The component that I feel is most applicable to me is postulation wisely. A lot people have problems with this issue and it makes hard to respond to their words. By giving me your opinion other than asking me a simple question sometimes makes me feels oblige to answer the question the same way you want, thus depriving me from the right to say my honest opinion. Lets go back to the example provided earlier, if you said Isnt this restaurant awful? I feel I have no place to state my opinion or tell you merely how I feel. In summary, understanding that true wisdom is understanding and following the Word of God can take you a long was in getting along with others. It is a two part system translation and application. It is important to understand the Word of God and it is equally important to apply it to our daily lives. Referen ces H. Norman Wright (1989). How To Get Along With Almost Anyone. Nashville, Tennessee Royal Publishers Inc. Sackett Christopher (January, 22, 2013). Wisdom. Examiner. com retrieved march 17th, 2013 from http//www. examiner. com/article/wisdom-3

Critique of the Cultural Imperialism Theory

Abstract This paper stands to critique the Cultural Imperialism Theory. The paper further looks at some(prenominal) the negative and the positive effects of Cultural Imperialism. The cultural imperialism theory sets to shape the concept of cultural imperialism itself. It concludes that, though the western world is eroding the culture of evolution countries and Nigeria as a study, Nigeria as a Nation should put on some safety belt in safeguarding our heritage. Keywords culture, imperialism, media imperialism, cultural imperialism Introduction A mans congratulate lies in his confidence and his personality is greatly nurtured by his ulture.Culture is the characteristic of a particular group of people, defined by things such as language, religion, social habits, medical specialty and arts that are passed from one generation to the other it can also be the tradition of the people (Zimmermann, 2012). According to the New Oxford Dictionary, culture is the cumulative ready of knowledge, experience, beliefs, values, attitudes, meanings, religion, notions of time, roles, spatial relations, concept of the universe, and material objects and possessions acquire by a group of people in the course of generations through individual land group striving.Imperialism as defined by the Dictionary of Human Geography, is the creation and maintenance of an unequal economic, cultural and territorial relationship, usually between states and often in the form of an empire, ground on domination and subordination. According to Downing, Mohammad, and Sreberny- Mohammadi (1995), Imperialism is the conquest and control of one country by a more powerful one. According to Boyd-Barrett (1977 p. 1 7)

Comparative Study of Wuthering Heights, Translations, and I’M No Scared

The texts that I have studied and on the watch for my comparative course argon Wuthering Heights by Emily Bronte, Translations by Brian Friel, and Im not panic-struck directed by Gabriel Salvatores. When I address the ethnic context of a text I raise to the arenas of the texts, the circumstances which face the plots and the characters of the texts. Some ele work forcets of the cultural context of each and every text are the worlds attitudes, favor fit rituals, and structures. Coming to grips with the gen date of referencel norm of the society with in each texts and how the characters behave en ables me to ravish each text alone the to a greater extent.Understanding(a) the world in which each text is set in and thence being able to compare the aspects of their society and what is involved in their material and spiritual lives ostentatiously influences the dissolving agent of the narratives which gave a better impact and added to my enjoyment. I greatly enjoyed shoot the b reezeing the connections between the texts and how their worlds were intertwined in their similarities and differences. Particularly these connections were more vivid to me in the areas of Role of Women in Society, Setting, and signifier Structure, within the Cultural context of each text.All ternary texts revolve around a patriarchal system where the men were the primary authority figure and were primeval to society. They hold the central characters of political leadership, moral authority, and control of property. The entailment of female subordination is almost obvious in Wuthering Heights where only through matrimony is a woman able to gain recognition, military capability, and a stray in society. Being compelled by this, Catherine Earnshaw betrays Heathcliff and really herself as well due to her love for him.Unable to have intercourse with marrying a slave and an outcast in her patriarchal world she accepts Edgar Lintons proposal for marriage. Edgars family were the most elite family in the novel thus giving Catherine a better future than what circumstance she top executive be in if she marries Heathcliff. Catherine It would degrade me to marry Heathcliff now. In the same federal agency, Maire doesnt marry Manus in Translations due to his lack of position, property and his inability to provide for a family. Maire sees that the man that she marries will dictate her position in society and so decides that marriage with Manus was not the foremost option.Maire You talk to me about getting married with neither a roof over your head nor a sod of ground to a lower place your foot. In both circumstances, a society where men hold prestige constrains women to be only able to aspire to be a wife. Marriage, in their patriarchal world, seems to be the only possible way to be able to put one across a living. The subservient role of women is elevate illustrated by Wuthering Heights patrilineal system which inhibits the property and title of a famil y to be inherited by the female lineage.Heathcliff effectively utilises this system for his benefit. lettered that the wealth of a family can only be inherited by the male lineage, he arranges the marriage of young Cathy and his son Linton. Since Edgar died with no son to carry on his family name, his familys inheritance would therefore be handed to whoever young Cathy marries. The male is dominant and is clearly seen as the head of the family. Similarly to Im not frightened, we see a macho world where power and strength are valued and power rest with the males.Pino tells his son to do his press-ups and they arm-wrestle. Anna, Micheles mother, is physically assaulted by Felice, one of the gang. In his dwelling house, Pino is very more than in charge and his wife is obedient to him. Even though in each text, women were inferior to men we also see in some cases where the text subverts the traditional or stereotypical idea of women and their place in society. In translations Bridg et shows control when she directs Doalty to hide the animals when the army threatens to kill them.Maire is described as a crocked minded, strong bodied woman She works as hard as any man in the confederation at the hay harvesting and plans to go to America in order to provide for her household in which she the head. Maire The best harvest in living memory, (Showing Jimmy her hands. ) Look at these blisters. Maire There are ten below me to be raised and no man in the house. During the Victorian era in Wuthering Heights, women were expected to be obedient, disciplined and faithful. Catherine does not conform to these expectations.There is also a subtle gust of roles in young Cathys marriages where, contrary to traditional norms, she appears to be the dominant partner. She tended to Linton who was a spoilt, sickly weakling. subsequently Hareton also needs help and encouragement to develop after socio-economic classs of degradation at the hands of Heathcliff. Comparing the cultur al context of the narratives heightened my enjoyment and helped me have a better experience and insight into the role of women and how they lived their lives subservient under men in a patriarchal society.One of the aspects of cultural context I enjoyed cover on my comparative course is how the degree structure in each narrative is divided up. friendly class is not solely dependent on the amount of money one has. Rather, the source of income, birth, and family connections plays a major role in determining ones position in society. England in the ordinal century was an extremely class-conscious society and social class is an important element in Wuthering Heights. We see the distinction between the two families in Emily Brontes novel and their rank on the social ladder.At the crystalise of the localitys social class, one finds the rich and refined Linton family who live in the sumptuous environs of Thruscross Grange. The Lintons were superior to the Earnshaw family and live in Wuthering heights. Within these ranks we also see how the cultured from the rustics and those higher up the social scale from those lower down are separated. Speech patterns and accents distinguish the servants such as Zillah, Joseph and Nelly Dean from their masters. An sample of this would be Josephs Yorkshire dialect and young Heathcliffs outsider accent which he spoke when he was brought from Liverpool.Equally noticeable in Brian Friels Translations is the subtle class diversity between the more educated who were able to verbalise English as well as Irish and the less educated who only speak Irish. Also noticeable is the feeling of social superiority felt by the English to the Gaelic community of Baile Beag as reflected in Captain Lanceys condescending attitude. This parallels with Hindleys deprivation of Heathcliff to a servant. Hindley is a wise(p) man who has an outstanding stand in society while Heathcliff was seen as an illiterate vagabond brought in from Liverpool by Mr Earnshaw.Turning to Im not scared we see how the village of Acqua Traverse is in holding with the films premise that Southern Italy was a deprived place where the populate, out of desperation, could understandably bust to crime. The buildings are shabby and clustered around a dusty courtyard. It is reminiscent of Baile Beag with its hedge school in a dusty barn and Hughs description of the place with its Hugh Mud cabins and a diet of potatoes. The peoples aspirations in Im not scared are simple. Anna dreams of visiting the seaside and eat in a restaurant. The people in Southern Italy were poor and run-down.The difference between the social standing of Southern Italy and Northern Italy lead to the country experiencing spate of kidnappings hence the kidnapping of Filippo. Filippo is from a family among the ranks of the higher power structure of Italy at that time. This caused him to be held against his will to be held for ransom by the people of Acqua Traverse in hopes that thei r lives might change for the better and for them to be able to climb higher in their social ladder. Similar to the postal service in Translations, Maire desires to go to America in order to acquire a better subsistence.In each text, class structure plays an important role and affects the behaviour of the characters in how they respond to society and the norm and in what choices they make in connection with their rank the class system. Studying the significance of class structure in the cultural context of each narrative benefitted me in my understanding of each text which made my study all the more pleasurable. The setting in the cultural context of a text is definitely important when looking at at character development, conflict, and the overall plot.Its the setting for all that is to come it can convey so lots about whom the people are and the way they live. The setting of a narrative can be a character of its own. In all three narratives, the setting is conveyed in a remote, ru ral location far-off from any centre of population. Im not scared shows scenes depicting children romping through the endless field of golden corn under a blue sky or cycling along dirt-track roadstead baked solid by the sweltering sun. The entire plot of Im not scared unfolds over a few days of scorching sunshine near harvest time.This parallels with Translations where Baile Beag is experiencing an unusual cacoethes wave, and similarly just after the hay harvest. We see Owen tell Yolland that it is Owen The first hot summer in fifty years and you rally its Eden. This reminds us in Wuthering Heights where Catherine stays at the Lintons for a few weeks after being bitten by a dog. Cathy receives a taste of luxury and she is drawn to it and is deceived to think that she desires to marry Edgar due to the luxury which she relishes.In the end, both Yolland and Cathy have to face the consequences of the pursuit of their vain desires. Wuthering Heights, however, is in electric resista nce to Translations and Im not scared. Bronte has placed her novel in a variety of ambience. Ranging from the opening scenes of snowfalls and walloping gales, to blooming springs, radiant summers, and drowsy autumns. In Salvatores film, as we see the camera pan across the rolling hill and valleys and sweep over the fields of waving grain, one is struck by the watcher and the emptiness of the landscape.The only sounds are of animals, birds, and insects. Our eyes take in the vivid colours of the red and orangeness poppies. Then we trace the horizon dividing the golden corn and the purple petals of other flowers from the blue sky to take a crap a wonderfully rich effect. This countryside reminds us of Brontes descriptions of the moors. Young Cathy with the bees humming dreamily about among the bloom, and the larks relation high up overhead, and the blue sky and bright sun shining steadily and cloudlessly. Whether in Im not scared, Wuthering heights, or Translations, one should not be fooled by mere appearances. The cawing of a bragging and the hissing of insects create an ominous effect suggesting all is not well. For underneath the beauty of the landscape lies a terrible secret. In the country side near the tiny village of Acqua Traverse, a young boy named Filippo is being kept hostage in a hole in the ground. In the same way the potatoes in Baile Beag gives a deceiving smart smell. As Maire says Maire Sweet smell Sweet smellEvery year at this time somebody comes back with stories of the sweet smell. Sweet God, did the potatoes ever fail in Baile Beag? The sweet smell became the blight of the potatoes in the Great Famine of Ireland. Likewise in Wuthering Heights, Mr Lockwood perceived Wuthering Heights and Thrushcross Grange to be quite a lovely place to be from seeing the beauty of its landscape. Only until later in the novel does he come to realize that the landscape had a different story to tell with its storms and rule winds which reflect the turmo il the families of the landscape endures.Gathering together all that I have learned from my study of the cultural context of Wuthering Heights, Translations, and Im Not Scared in reference to Role of Women in Society, Class Structure, and Setting, I was able to compare and differentiate the cultural context of these texts for my comparative course. In doing so it further enhanced my understanding and enjoyment of the narratives and made my experience more real and gave a greater impact.

European Convention on Human Rights Essay

A.INTRODUCTIONWe live in the Digital Age and in a fully globalized world in which capable property undecomposeds (IP adepts) atomic number 18 no longer configured in the same(p) style they did before. That is why the Anti-Counterfeiting Trade arranging was intentional in ensn atomic number 18 to respond to advanced techno luculent and human being challenges. scarce when ACTA was revealed to the public opinion an glowing debate emerged from the first moment and almost immediately well- miened and net giving medications totally opposed to the marches of ACTA alleging that the agreement was a serious violation of heavy rights. On the other side, the signatory states, the right toters of those IP rights and the European Union, defended Intellectual Property as an engine of economic growth, job creation and encouragement of first appearance and artistic and technological creation.The suggest of this seminar paper is to explain which runs of ACTA hinder complete ri ghts as enshrined in the incompatible European catalogues of human rights, seducely the German basal righteousness, the European practice on humans Rights and the Charter of extreme Rights of the European Union. solely the backcloth of ACTA is oft seasons wider, it covers topics much(prenominal) as generics medicines, innovation and competition, which ar not objective of this paper and on that pointfore they lead not be analyzed.In order to oecumenicize which violations be perpetrated by ACTA, this paper is divided in four senscels. In the first champion and only(a) I go a mode explain what is the ossification and how was negotiated. We yield regard that is a matter of great topicality since the concluding right to voter turnout at the European fan tan is about to take place, specifically in a month. Second, I leave behind explain how those catalogues of first harmonic rights relate to each other. In other words, how a multilevel of trade protecti ve cover of ingrained rights partake the guarantees protected by those rights. Third, I will analyse which readinesss of ACTA do not consider European complete rights. Finally, I will draft rough conclusions.B.THE ANTI-COUNTERFEITING TRADE AGREEMENTI.WHAT IS ACTAThe Anti-Counterfeiting Trade reason (ACTA) is a multilateral agreementwhich its main objective is to establish a harmonized standard for the compelment of able property rights in order to combat the violation of protected rights all around the world. In order to fulfill this task, the agreement contains provisions on inter discipline cooperation between recites and the coordination of constabulary enforcement, especially the introduction of civil and savage sanctions for quick-witted property infringements , such as counterfeit goods, generic medicaments and copyright infringements on the internet. The countries effect on-to doe with in the concord are the United States, Japan, Canada, the European Union (with its 27 fraction States), Switzerland, Australia, Mexico, Morocco, New Zealand, to the south Korea and Singapore, making a total of 11 catching parties.Since ACTA is an inter field of contain agreement that borders only the contracting parties, it is a method of creation of a new inter discipline integrity. According to the EU Commission ACTA will help countries work together to tackle more effectively Intellectual Property Rights (IPRs) infringements . So the entertain of the EU to sign this agreement resides in the concern of remaining at a relevant sit in the global economy and by this way being able to protect the jobs relate to intellectual property all around the European Union.The Agreement is divided in Chapter I for Initial provisions and general definitions Chapter II for the Legal mannequin of enforcement of Intellectual Property Rights (and subdivided in Section 1 normal Obligations with Respect to Enforcement, Section 2 Civil Enforcement, Section 3 Borde r Measures, Section 4 culpable Enforcement and Section 5 Enforcement of Intellectual Property Rights in the Digital Environment) Chapter III for Enforcement practices Chapter IV for interthemeist cooperation Chapter V for Institutional arrangements and Chapter VI for Final Provisions.II. HOW IS ACTA BEEN NEGOTIATEDDuring the whole process of negotiation of ACTA, much criticism has arisen due(p) to the privation of transparency and the executable violation of thorough rights. The potential infringements of thoroughgoing rights will be discussed at a further moment and instanter we will see how the whole agreement was persistent. On 23 October 2007 the stake of the Unites States Trade Representatives released an announcement about a new initiative called ACTA . The objective of this agreement was to address a new international agreement focused oncooperation, best practices, and a strong legal material for Intellectual property rights enforcement. Since then, eleven negotia tion rounds took place between June 2008 and October 2010. But what it was unusual is the fact that this new agreement on intellectual property rights was never negotiated under the scope of the WIPO or the WTO. The atom States of the European Union were represented by the European Commission and the Presidency of the Council.The first consolidated text of ACTA was drafted at the eighth negotiation round in Wellington (New Zealand) in April 2010. On June 2011, the European Commission asked a proposal for a Council Decision on the conclusion of ACTA , and in December 2011 the final version of the Agreement was adopted nemine contradicente by the Council and signed by the European Commission and 22 particle States on 26 January 2012 (Germ either, Cyprus, Estonia, the Netherlands and Slovakia have not signed it yet). In order to be part of EU rectitude the Agreement must(prenominal) be ratified by the EU, which intends approval by the European Parliament under the procedure for international commercial agreements described in member 218(6) TFEU and substantiation by Member States under their national procedures.K right offing that there is a need of a vote at the European Parliament, the society has expressed its concerns about ACTA by mobilizations all over Europe thanks to the effort of close to NGOs and Internet movements, and even declarations of some MEPs . This made Commissioner Karel De Gucht, under the procedure foreseen at Art. 218(11) TFEU, to decide to refer the Agreement to the mash of Justice of the European Union . So on 4 April 2012 the question decided unanimously by the College of Commissioners that was sent to the ECJ was Is the Anti-Counterfeiting Trade Agreement (ACTA) compatible with the European Treaties, in particular with the Charter of thorough Rights of the European Union?. It is k instantlyn that rulings from the ECJ take time, but until the opinion is made, the European Parliament decided to proceed its vote until the ECJ had made any conclusion .However, it decided that it will continue to supervise the Agreement. The next logical step would had been to make another referral to the ECJ by the European Parliament, but on 28 March, this Institution decided to reject a referral to the move of Justice because there was no need to do so, because the file will anyway go to the court according to intentions announced by the European Commission. It was surprising how the EU Digital Agenda CommissionerNeelie Kroes suggested at a conference on internet license in Berlin on 4 May 2012 that ACTA was probably not going to be ratified since she utter that We are now likely to be in a world without SOPA and without ACTA. Now we need to find solutions to make the Internet a place of dispense withdom, openness, and innovation couple for all citizens, not just for the techno avant-garde. This does not mean that the Agreement will be immediately rejected, there is a need to hold a vote at the European Parliament in order to do so.The final vote on ACTA has been plan for the 3-5 July 2012 , but before ACTA goes to vote before the European Parliament, several EP committees will be giving their opinions on the 31 May 2012, namely the Legal Af moderatelys commission (JURI), the Industry delegation (ITRE) and the Civil Liberties Committee (LIBE). Once these committees have drafted an opinion, the main committee in charge on ACTA, the International Trade Committee (INTA), will decide on the 21 June 2012 and it will elaborate a final report that will be used by the European Parliament for its final vote on ACTA.As we have seen, the whole negotiation of ACTA has been of major relevance not only to the public opinion, but similarly for the MEPs and some other Organs of the European Union, like the European Data Protection Supervisor. Remains to be seen what the final decision of the European Parliament would be and this will undoubtedly have consequences in both slipway If ACTA is ratified by t he Parliament, the Agreement will come into force, but if not, it will be pretty much dead if it does not have the support of the European Union. So we gloss over need to wait until the 3-5 July 2012 to see how it will all end and the next weeks are going to be of extremely importance because the ratification process is not over yet, meaning that the issue is really topical.C.THE DIFFERENT LEVELS OF PROTECTION OF FUNDAMENTAL rightfieldS IN EUROPEIn this section I will explain the relationship between the different catalogs of fundamental rights that concern this seminar paper, namely the German elementary rectitude, the recipe for the Protection of Human Rights and primitive Freedoms (European Convention on Human Rights or ECHR) and the Charter of Fundamental Rights of the European Union (Charter). It is obvious that this classification fanny rustle questions to EU citizens when they seekthe rampart of their fundamental rights, since they exist up to four catalogues the nati onal constitutions, the ECHR, the case fairness of the ECJ and the Charter .I.THE DEVELOPMENT OF FUNDAMENTAL decentlyS THROUGH THE ECJ AND THE ECtHRAt one first moment the ECJ stated it had no jurisdiction to ensure compliance with national uprightness, which did acknowledge a catalog of fundamental rights within the national Constitutions. This first stage was changed after the Stauder decision of 12 November 1969 that said that fundamental rights are part of the general prescripts of federation natural right , and the CJEU has the task to protect them, but it didnt introduce which rights were those Interpreted in this way the provision at issue contains nothing capable of prejudicing the Fundamental Human Rights enshrined in the general precepts of conjunction Law and protected by the motor hotel. The next step on the case police of the ECJ was the Internationale Handelsgesellschaft archetype of 17 December 1970. Here the motor hotel confirms the existence of general principles for the protection of fundamental rights within the participation Law inspired by the constitutional traditions common to the Member States in fact, respect for fundamental rights forms an organic part of the general principles of uprightness protected by the hook of Justice.The protection of such rights, whilst inspired by the constitutional traditions common to the Member States, must be ensured within the framework of the structure and objectives of the partnership. But the ECJ verbalize that Community law could not be judged against national law, even constitutions the validity of a Community instrument or its effect within a Member State cannot be affected by allegations that it strikes at either the fundamental rights as formulated in that States constitution or the principles of a national constitutional structure. By this way, the Court had to analyze the situation under the national law of the Member States when it was go about with a situation with no legal or in fitting response. Four years later, the Nold judgment of 14 May 1974 made a reference to international treaties as elements of inspiration for the definition of a scope of fundamental rights, but to a fault the ECJ stated that it cannot go in a different direction to the one established in the constitutional laws of the Member States.By doingso, the rights recognized in the different legal orders where the limit to the action of the ECJ In safeguarding these rights, the Court is bound to bewilder inspiration from constitutional traditions common to the Member States, and it cannot therefore uphold measures which are incompatible with fundamental rights recognized and protected by the Constitutions of those States. Similarly, International Treaties for the protection of human rights on which the Member States have collaborated or of which they are signatories, can supply guidelines which should be followed within the framework of Community Law. As the judgment states, t he ECJ refers namely to the Convention for the Protection on Human Rights and Fundamental Freedoms of 1950 (ECHR), becoming this latter treaty the maximum standard for the protection of fundamental rights. Nevertheless it must be said that the constitutional traditions of the Member States as reference point of inspiration does not mean that the rights within can be invoked in ECJ.The final step was made in the Hauer judgment of 13 December 1979, when the ECJ stated that that fundamental rights form an integral part of the general principles of the law, the observance of which it ensures that in safeguarding those rights, the Court is bound to draw inspiration from constitutional traditions common to the Member States, so that measures which are incompatible with the fundamental rights recognized by the constitutions of those States are unacceptable in the Community and that, similarly international treaties for the protection of human rights on which the Member States have collab orated or of which they are signatories, can supply guidelines which should be followed within the framework of Community Law. By holding that fundamental rights are an integral part of the general principles of law the observance of which the Court ensures, the ECJ has accomplished two things To incorporate a central feature of modern constitutions into the corpus of EC law and to help strengthen the empowerment of EC law against potential challenges before national courts in the name of domestic constitutional rights .The next step in cooperation between Community law and the ECHR was apt(p) in the cases of Matthews and Bosphorus . In Matthews was decided that Member States can be held responsible if EC primary law go against the ECHR, because those Member States are still responsible for infringements although they have transferred some of their competences to the European Communities. In Bosphorus the problem at issuewas whether an EU Member State could be responsible under t he ECHR for an execution of a Community Regulation. As stated in Matthews, Member States are responsible for acts and omissions of its organs regardless whether the competencies are national or at supranational level, but the difference was that in this case, the Member State was obliged by a Regulation, which gives no discretion when implementing it. In order to solve this situation, the ECtHR gave a status of equivalent protection to the ECJ, meaning that State action taken in compliance with such legal obligations is justify as long as the relevant organization is considered to protect fundamental rights, as regards both the substantive guarantees offered and the mechanisms commanding their observance, in a manner which can be considered at least equivalent to that for which the Convention renders .The Court continues If such equivalent protection is considered to be provided by the organization, the presumption will be that a State has not departed from the requirements of the Convention when it does no more than implement legal obligations flowing from its membership of the organization . Since that level of protection was indeed guaranteed by former judgments of the ECJ, the ECtHR decided not to interpret Community law and from now on, the ECJ has an equivalent protection of fundamental rights as the one within the ECHR. When the Charter of Fundamental Rights of the EU (Charter) came into force with the Treaty of Lisbon , the ECJ could now rely its fundamental rights jurisdiction on a whiz catalog of European law .But what is the relationship between the rights in the Charter and the ones in the ECHR? Article 52(3) of the Charter explains it Insofar as this Charter contains rights which correspond to rights guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms, the meaning and scope of those rights shall be the same as those laid down by the said Convention. This provision shall not prevent Union law providing more extensive protection. The reason for such provision is to avoid a lower standard of protection than the one of the ECHR. in that respectfore, a restriction of a fundamental right can only be acceptable under the terms of the ECHR and it prevents possible confusion of the Member States when being subjected to two different catalogs of rights . Moreover, as the Charter reiterates and complements the ECHR, there is no dual system of fundamental rights. In fact, it reaffirms the same common amount of fundamental rights .II.THE RELATIONSHIP BETWEEN THE GERMAN FEDERAL integral COURT AND THE EUROPEAN COMMUNITIES / THE EUROPEAN UNIONThe main problem at stake was that two different levels of protection were created. One circle was the one created by the case law of the ECJ and the other circle was the list of rights protected by the national constitutions . How did the German Federal Constitutional Court solve this problem? In the Solange I -decision, the German court stated that in case of conflict between the Community law and fundamental rights protected in the German basic Law, the latter would prevail as long as the European Communities did not have a catalogue of fundamental rights which is equivalent to the catalogue of fundamental rights guaranteed by the German Constitution. But after how the ECJ ruled, namely after Nold and Hauer, the German Constitutional Court changed its opinion and stated in the Solange II -decision that as long as the European Communities ensured a protection of fundamental rights which is to be regarded as substantially similar to the protection of fundamental rights by the German Constitution, and safeguards the essential content of fundamental rights, it is not an obligation for the Constitutional Court to examine the compliance of Community law with the German law.But in 1993, the German Constitutional Court seemed to go back to the previous philosophy of the Solange I-judgment in its celebrated Maastricht decision , where it s tated that from that moment it wanted to apply its jurisdiction regarding to the protection of fundamental rights in a cooperation relationship with the ECJ. The Constitutional Court had the strong opinion that it is the only one capable of protecting the fundamental rights enshrined in the elemental Law, so for this purpose it extends the meaning of public power and declares that no matter what gentle of power (German Government or the European Communities) violates fundamental rights enshrined in the Basic Law because it will evermore have the jurisdiction. By doing so, the former Communities were supervised by the German Federal Court every time their activity fell under the scope of application of the Basic Law. Seven years later, in June 2000, the Court changed its mind again at the Bananenmarketordnung judgment. It explained that the previous doctrine was a misunderstanding.The German Constitutional Court will reviewpossible violations of fundamental rights only if the Euro pean Communities fail to do so. But this cannot be justified by a single case, but by a serious deficiency at european level . This means that while the ECJ continues to effectively protect fundamental rights, there will be no German take care of those rights over the European law. We can conclude that over the ruling of the German court, this has been a reluctance to recognize the triumph of Community law concerning the protection of human rights, but this supremacy has finally been recognized as a prerequisite for Germany to participate in the European Integration movement .III.THE RELATIONSHIP BETWEEN THE GERMAN FEDERAL CONSTITUTIONAL COURT AND THE EUROPEAN CONVENTION ON compassionate RIGHTSThe European Convention on Human Rights (ECHR) contains a catalogue of fundamental rights which the Federal Republic of Germany is bound to guarantee as well, since it ratified the convention on 3 September 1953. The basic principle of International law pacta sunt servanda obliges to do it . It was never a problem, since the fundamental rights protected in the German Basic Law followed a parallel interpretation to the ones guaranteed in the ECHR. In fact, Articles 1 to 9 from the Basic Law take on resemblance to the ones in the ECHR . In addition, the Constitutional Court elaborated the concept of Vlkerrechtsfreundlichkeit of the Basic Law , which means that Germanys fundamental rights should be interpreted in the same way as the ones enshrined in the ECHR in order to fill the possible gaps in the reading of both catalogues . So when interpreting the Basic Law, the development of the ECHR needfully to be taken into account without, of course, restricting the protection provided in the Basic Law. It seems that this doctrine would not lead to a confrontation between the German Federal Constitutional Court and the European Court for Human Rights (ECtHR), but this was not the case in the Grgl judgments.It is peculiar how the German Court does not confirm that a judgme nt of the Strasbourg Court should be simply achieved, but sort of says that the authorities and courts of the Federal Republic of Germany are obliged, under legitimate condition, to take account of the European Convention on Human Rights as interpreted by the ECtHR in making their decisions. . By saying pickings account and not, for standard, complywith the Court declares that under some circumstances it can decide not to execute a judgment of the ECtHR. The only requisite is that the equal court under the German legislation needs to give reasons why this doctrine can be applied . In fact, the German judgment states If the ECtHR establishes that there has been a violation of the Convention, and if this is a continuing violation, the decision of the ECtHR must be taken into account in the domestic sphere, that is the responsible authorities or courts must discernibly consider the decision and, if necessary, justify understandably why they nevertheless do not follow the interna tional-law interpretation of the law.The main reason for this was that it could be eventually possible that under the view of the ECtHR a situation could be interpreted widely and under the German law it should be more carefully viewed. But still, after the ECtHR has made its decision, national authorities cannot challenge it, that when, in opinion of the German Court, through a constitutional complaint . The Federal Constitutional Court thinks of itself as the Guardian of the due to respect of ECtHRs decisions . Although this new doctrine means a remarkable change in the case law of the German Court it does not affect the content of the fundamental rights within both catalogues. It is true that now the German Court could be a kind of call by organ in some cases for the judgments of the ECtHR, but as already said, both catalogues interpret their rights in the same way, so it is not a question of which rights prevail, but a question of sovereignty that does not affect the interpr etation of those rights.IV.IS THERE A TRUE MULTI-LEVEL OF PROTECTION OF FUNDAMENTAL RIGHTS IN EUROPE?It is true that within every State exist three different catalogues of protection of fundamental rights, namely the national Constitutions (the Basic Law), the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union (plus the case law of the ECJ), but as we have seen each of these lists are interrelated to each other -ECJ draws inspiration of national constitutional traditions and the ECHR -The Charter has its minimum standard of protection in the ECHR -The fundamental rights in the German Basic Law must be interpreted as in the ECHR. Therefore, when an agreement like ACTA infringes fundamental rights itdoes it indeed at a multi-level, but that does not mean that such rights have a different protection or a different interpretation within the distinct catalogues.D.ACTA AND FUNDAMENTAL RIGHTSACTA have undeniable personalisedized effects on fun damental rights as protected in the German Basic Law, the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. Namely, these rights are -The right to freedom of sort and breeding (Art. 5(1) BL Art. 10(1) ECHR Art. 11(1) Charter) -The right to seclusion and data protection (Art. 10(1) BL Art. 8(1) ECHR Art. 7 and 8(1) Charter) -The right to a fair mental testing (Art. 103(1) BL Art. 6 ECHR Art. 47 Charter) We will also discuss about the fundamental principles that ACTA seems to guarantee.I.THE RIGHT TO FREEDOM OF EXPRESSION AND INFORMATIONArt. 10(1) ECHR guarantees the right to freedom of expression and information, but also the right to freedom to hold opinions and to receive and impart information without interference of public authorities . The German Basic Law must consider the ECHR as source of interpretation when applying its Art. 5(1) BL. Moreover, ECJ has considered the right to freedom of expression and information as one of th e general principles of European law which is enshrined now in Art. 11(1) Charter. It is impossible to deny the importance that today has the Internet when talking about freedom of expression and information online newspapers, video channels, bloggers, webmasters, tweeters, etc. The ECtHR has many times stated that freedom of expression is the founding of a democratic society The Courts supervisory functions oblige it to pay the utmost tutelage to the principles characterising a democratic society.Freedom of expression constitutes one of the essential foundations of such a society, one of the basic conditions for its progress and for the development of every man . Moreover, the UN Special Rapporteur on Freedom of Expression has declared that access to the Internet and the freedom to seek, receive and impart information and ideas over the Internet is an inherent part of the freedomof expression . In a democratic society people must feel free to express their ideas and must be able to receive information with no censorship. Any action that goes in a different direction would hinder the fundamental rights within the different European catalogues. Art. 23 ACTA refers to twist offences23(1) Each fellowship shall provide for criminal procedures and penalties to be applied at least in cases of untoward trademark counterfeiting or copyright or related rights piracy on a commercial shell Fn. For the purposes of this Section, acts carried out on a commercial scale entangle at least those carried out as commercial activities for direct or indirect economic or commercial advantage. Article 23(1) ACTA implies the criminalisation of current acts carried out in the digital environment, but it does not define in a clear way what kinds of acts could be considered as criminal offences. We should ask whether private file sharing match the nature of those acts. In opinion of the EDPS , the article makes no reference to criminal offences recognised in the law of the contra cting parties, so he deduces that the provision refers to a new category of offences which Art. 23(1) ACTA fails to provide with a clear definition to get hold of the legal certainty required.Another worrying provision from Art. 23(1) ACTA are the notions of commercial scale and direct or indirect economic or commercial advantages which are also not delimitate at all. The EDPS thinks that the interpretation of those words can be very broad and include acts carried out by individual in the Internet that could be innocent and/or trivial . Since there is no list again of what acts could be done at a commercial scale this is not sufficient to see whether that notion would fit under the definition that the European Union gives to commercial scale, which excludes those acts carried out by private users for personal and not-for profit purposes . All these measures are real interferences to the right to freedom of expression and information because such a legal uncertainty could criminali se innocent and trivial Internet data exchange, which its main purpose is not to violate IP rights, but the possibility to express, be informed, hold opinions and to receive and impart information which are essential for a democratic society.One of the reasons of why ACTA was so much criticized in the beginning was due to the so unpopular ISP obligationand the three strikes rule. This was originally intended by the drafters of the Agreement which did not enjoy the public opinion when a probationary version of the agreement was leaked . As the European Parliament study on ACTA on July 2011 reveals, there were extensive provisions relating liability of online service providers, including restricted safe harbours squelch or removal of material at the request of right carriers and third party secondary, and contributory liability. In antecedent proposals put forward by other parties, provisions for the cutting-off of internet service of infringers (so-called three strikes provision s) were also put forward, although these did not appear in later texts.In the actual consolidated version such measures were eliminated from the Agreement. However, residues of liability can be seen in Art. 27 ACTA Art. 27(1) Each Party shall ensure that enforcement procedures, to the extent set forth in Sections 2 (Civil Enforcement) and 4 (Criminal Enforcement), are available under its law so as to suffer effective action against an act of infringement of intellectual property rights which takes place in the digital environment, including officious remedies to prevent infringement and remedies which constitute a deterrent to further infringements. Art. 27(2) Further to paragraph 1, each Partys enforcement procedures shall apply to infringement of copyright or related rights over digital networks, which may include the unlawful use of means of widespread diffusion for infringing purposes.These procedures shall be implemented in a manner that avoids the creation of barriers to le gitimate activity, including electronic commerce, and, consistent with that Partys law, preserves fundamental principles such as freedom of expression, fair process, and privacy. fn Footnote For instance, without disadvantage to a Partys law, adopting or maintaining a regime providing for limitations on the liability of, or on the remedies available against, online service providers while preserving the legitimate interests of right holder.There is the opinion that the initial idea of the drafters of ACTA still remains in their minds. The footnote suggests that liability on ISPs will always exist, but now, the only requisite is to have a limit to this liability, but it does not say under what terms it must be done. What it says is that interests of rightholders are the first ones to take account. According to this opinion , this would still allow ISPs to disconnect users of alleged IP rights violations and therefore deprive themof their right to freedom of expression and informati on.II.THE RIGHT TO PRIVACY AND DATA PROTECTIONArt. 8(1) ECHR guarantees also the confidentiality of individual communications, that is why private life and correspondence are protected under the same article. Since telephone communications fall within the scope of the article, Internet communications too. Art. 10(1) BL goes beyond and also protects from prohibitions, interruptions or foils of communications . Both rights are considered basic principles of European law and now they are enshrined in Arts. 7 and 8(1) Charter. The provisions of ACTA that violate these specific rights are Art. 11 and Art. 27(4) Art. 11 Without prejudice to its law governing privilege, the protection of confidentiality of information sources, or the processing of personal data, each Party shall provide that, in civil discriminatory proceedings concerning the enforcement of intellectual property rights, its judicial authorities, at least for the purpose of collecting evidence, relevant information as pr ovided for in its applicable laws and regulations that the infringer or alleged infringer possesses or controls. much(prenominal) information may include information regarding any person involved in any smell of the infringement or alleged infringement and regarding the means of production or the channels of distribution of the infringing or allegedly infringing goods or services, including the identification of third persons alleged to be involved in the production and distribution of such goods or services and of their channels of distribution.Art. 27(4) A Party may provide, in accordance with its laws and regulations, its competent authorities with the authority to order an online service provider to disclose expeditiously to a right holder information sufficient to call a subscriber whose account was allegedly used for infringement, where that right holder has filed a legally sufficient claim of trademark or copyright or related rights infringement, and where such information is being sought for the purpose of protecting or enforcing those rights. These procedures shall be implemented in a manner that avoids the creation of barriers to legitimate activity, including electronic commerce, and, consistent with that Partys law, preserves fundamental principles such as freedom of expression, fair process, andprivacy. Under Art. 11 extensive disclosure orders are allowed . This covers infringers, alleged infringers and any person involved in any aspect of the infringements or alleged infringement, they also include the identification of third persons alleged to be involved.In addition, Art. 27(4) allow data disclosures for the purpose to identify a subscriber whose account was allegedly used for infringement. But are IP addresses personal data? In order to know that, we need to read the definition of personal data provided in Art. 2 Directive 95/46/EC any information relating to an identified or identifiable natural person (data subject) an identifiable pers on is one who can be identified, without delay or indirectly, in particular by reference to an identification number. It is obvious that such IP addresses constitute personal data since individuals can be identified by those numbers. Although the purpose of those articles is the detection and saloon of possible IP rights infringements, the wording makes it clear that Internet users will not be warned while they are being monitorised, even if they are not suspicious for having infringed some sort of IP rights.Moreover, this observe would be done by ISPs if right holders ask them to do so. In opinion of the EDPS a generalised monitoring is an act that invades individuals private sphere. So, for these acts to be justified, they must be necessary and proportionate, but when ACTA does not apply any limit to the monitor process it is obvious that it would count as infringements all those acts that are carried out for no profit. If there is no proportionality and rightholders can access to private data with no restrictions, even if individuals are not violating IP rights, it is a clear example of an infringement to the right to privacy and data protection.III.THE RIGHT TO A FAIR TRIALThe right to a fair trial is a general principle of law of the European Union common to the Member States and which the Federal Republic of Germany is bound by it , which is now embodied in Art. 47(2) Charter. Also Art. 6 EMRK protects the right of a fair trial and since the Vlkerrechtsfreundlichkeit doctrine Art. 103(1) BL gives meaning to it. Art. 12 ACTA contains the provisional measures which are part of the legal answers that right holders can rely on in civil law. But Art. 12(2) fails to provide guarantees for afair trial Each Party shall provide that its judicial authorities have the authority to adopt provisional measures inaudita altera parte where appropriate, in particular where any delay is likely to cause irreparable harm to the right holder, or where there is a demonstra ble luck of evidence being destroyed. In proceedings conducted inaudita altera parte, each Party shall provide its judicial authorities with the authority to act expeditiously on requests for provisional measures and to make a decision without undue delay. It is true that provisional measures, even in inaudita altera parta procedures, are allowed, but only because they are the exception.This is against the principle of equality of arms defined by the ECtHR (and followed by the German Federal Court and the ECJ) that means that in judicial procedures a defendant may not be placed at a substantial disadvantage against his counter-party . When such a possibility is accepted by a legal system it also provides safeguards to ensure that the defendant can restore his equality of arms. But ACTA do not seem to provide this. It does not filter that provisional measures and proceeding inaudita altera parta should be the exception and this could lead to two possible consequences. First, when p rotecting IP rights it is justified to use those extraordinary measures as normal and second, that there is no need to provide guarantees . Regarding the provisional measures of Art. 27(4) it is not clear to which competent authorities the article refers to. In opinion of the EDPS the perplexing concept does not provide with the sufficient legal certainty of whether the disclosure of information would be taken place by judicial authorities.He believes that such concept could also include administrative bodies that are not embodied with the sufficient guarantees of independence, impartiality and respect of the rights to the presumption of innocence and to a fair trial. It must be also considered that ACTA enable to private parties to adopt functions that belong to judicial authorities and it seems as if there is a privatisation of IP rights law . Art. 27(3) enable the business community to address IP infringements Each Party shall endeavour to win cooperative efforts within the bus iness community to effectively address trademark and copyright or related rights infringement while preserving legitimate competition and, consistent with that Partys law, preserving fundamental principles such as freedom of expression, fair process, and privacy.Right holders cannot judgewhether a particular action violates IP rights, in fact, when certain type of data must be processed in relation to suspected offences or criminal convictions, Art. 8(5) Directive 95/46/EC states that those acts may be carried out only under control of official authority, or if suitable specific safeguards are provided under national law. Moreover, the UN Special Rapporteur on Freedom of Expression has stated that Lack of transparency in the intermediaries decision making process also often obscures discriminatory practices or political pressure affecting the companies decisions and To avoid infringing the right to freedom of expression and the right to privacy of Internet users, the Special Rapport eur recommends intermediaries to only implement restrictions to these rights after judicial intervention . If ACTA does not make any effort to offer any guarantee to the right to a fair trial and even aims to provide the business community with the powers of the judicial authorities it is evident that departs from the fundamental rights enshrines in the Basic Law, the ECHR and the Charter.IV.THE FUNDAMENTAL PRINCIPLESThe digital chapter, namely Arts. 27(2), 27(3) and 27(4) refers to the need to preserve fundamental principles such as freedom of expression, fair process and privacy. The EDPS states that by only referring to those principles and no giving real safeguards is not enough. He asks himself whether the drafters of the Agreement did not choose o include fundamental rights instead of fundamental principles, since freedom of expression and privacy are not principles, but fundamental rights. Also, the negotiators chose to avoid referring to the right to a fair trial or to the r ight to due process, instead they referred to the term fair process, which, as confirmed by the European Commission , that is not a fundamental principle of international law.To make a comparison, the EDPS gives an example of the necessary safeguards that must be always included and must always be in conformity with the European Convention on Human Rights and general principles of Community law, including effective judicial protection, due process, the principle of presumption of innocence and the right to privacy. It seems that such terms are not intended to in good order ensurefundamental rights in the way they do the different European catalogues.D.CONCLUSIONSIt is true that IP rights must be protected and since we live in a digital era, that task has become more ticklish due to a more globalized world. But the protection of IP rights must not be given precedence over fundamental rights. ACTA have failed to respect the fundamental rights within the Basic Law, the European Conven tion on Human Rights and the Charter of Fundamental Rights of the European Union. Much of it is due to a very vague, ambiguous and unclear wording of its provisions, making it impossible to foresee what kind of actions, both civil and criminal, infringe intellectual property rights. Moreover, there are no explicit de minimis rules that could make the provisions of ACTA proportionate so they do not hinder fundamental rights. IP rights are not above fundamental rights.This is something that the ECJ stated twice in the Telefnica/Promusicae and Scarlet/Sabam cases. Namely, in the latter said that a a fair balance be struck between the right to intellectual property, on the one hand, and the freedom to conduct business, the right to protection of personal data and the freedom to receive or impart information, on the other. ACTA will be voted next month at the European Parliament and it seems that MEPs will vote against it (although it is not sure yet).Meanwhile, the European Court of Ju stice will decide whether the Agreement is compatible with the rights in the Charter of Fundamental Rights of the European Union and, as we have seen, there are grounds for the incompatibility of ACTA with this catalogue of rights. If we want to enforce the legitimate IP rights that rightholders have we need to stop criminalising trivial and private use of data in the Internet, we need to stop thinking in mechanisms to deny access to information and we need to ensure that judicial authorities continue to be the ones capable to enforce those rights.