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Home Healthcare and health reform cancer JournalWatch: Should Australia increase the minimum smoking age to 21?
JournalWatch: Should Australia increase the minimum smoking age to 21?
Editor: Marie McInerneyAuthor: Melissa Stonehamon: May 28, 2018 In: cancer, child health, health and medical research, journal articles, Journal Watch, tobacco control
This month's JournalWatch aligns with moves in Australia, championed by mining billionaire Andrew 'Twiggy' Forrest, to lift the minimum age of smoking from 18 to 21.
Dr Melissa Stoneham looks at emerging research on such an initiative, particularly the experience of New York City where the evidence found that lifting the minimum age did not accelerate reductions in youth tobacco use any more rapidly than declines observed in comparison sites.
However the researchers suggested that may be due to a range of issues, including compliance, so she concludes that boosting the minimum age may still be a worthy next step in Australia's tobacco control approach.
Dr Melissa Stoneham writes:
Andrew 'Twiggy' Forrest – most Australians will know of him. The mining magnate has been described as a bundle of contradictions, an effective business leader, a socially impacting philanthropist and a church-going Christian.
His entrepreneurial abilities have made him a billionaire and he has pledged to give away nearly all his wealth during his lifetime. He built a major mining company out of nothing and has built the Fortescue Metals Group into the fourth largest iron exporter in the world.
In 2017, Twiggy pledged to give away $400 million of his wealth, the largest ever donation by a living Australian, to close the gap between Indigenous and non-Indigenous life expectancy within a generation and to end modern slavery within his lifetime. He certainly aims big.
He has also stated he wants to stop cancer being a lethal disease in this generation! As part of this Eliminate Cancer Initiative, Twiggy has called for the smoking age to be lifted to 21, stating that smoking must be fought as it is the greatest cause of preventable death.
Western Australian Health Minister Roger Cook threw his wholehearted support behind Twiggy's crusade, and in April tabled the issue at the Council of Australian Government's Health Council meeting in Sydney.
So it is with interest that I introduce this month's JournalWatch article that assessed the impact of New York City's (NYC's) 2014 increase of the minimum legal purchase age (MLPA) for tobacco and e-cigarettes from 18 to 21 years.
In August 2014, championed by Mayor Michael Bloomberg, NYC became the largest US municipality to raise the tobacco MLPA from 18 to 21 years. This law was an unprecedented and exemplary move by such a large city. The change in the MLPA, passed in October 2013, was accompanied by Sensible Tobacco Enforcement legislation, which strengthened provisions and penalties for a variety of sales regulations, established minimum pricing, and set minimum pack sizes for tobacco products other than cigarettes.
The study, led by James Macinko from UCLA, performed a difference-in-differences analysis comparing New York City (NYC) to the rest of New York State by using repeated cross-sections of the New York Youth Tobacco Survey (2008–2016) and to four Florida cities by using the Youth Risk Behaviour Surveys (2007–2015).
A difference-in-difference (DiD) analysis is a tool or equation used to estimate treatment effects comparing the pre- and post-treatment differences in the outcome of a treatment and a control group.
In general, the DiD estimated the effect of increasing the smoking age to the outcome of reduced tobacco use in young people. The NY Youth Tobacco Survey has been administered annually since 2008, to public and private school students, grades 7 to 12, and included questions regarding multiple tobacco products. The Youth Risk Behaviour Survey (YBRS) has sampled high school students from public and private schools, biennially on odd years, and also included questions on tobacco use. This YBRS survey data was used as the comparison group.
The data reviewed included student-reported measures from both surveys included current (past-30-day) use of any tobacco product including cigarettes, e-cigarettes and cigars. Proxy measures of policy implementation from the YRBS were investigated through the questions that addressed reported age of tobacco initiation, reports of buying cigarettes from stores, whether current smokers were asked for identification when purchasing cigarettes, reports of attempting to quit and reported purchases of single cigarettes.
The researchers found that, over the study period, combined rates of cigarette, smokeless tobacco, and cigar use declined in both NYC and the rest of New York State, although the decline in New York State was steeper with a statistically significant difference in 2016.
A significantly smaller proportion of NYC respondents reported using cigarettes, smokeless tobacco, and cigars compared with those in the rest of the state in 2008 and 2010, but that gap narrowed in subsequent years. Current e-cigarette use, asked about from 2014 only, increased significantly in both locations by 2016.
Overall, the researchers concluded that their difference-in-differences analysis revealed that there was a decrease in tobacco product use among NYC adolescents. However this was overshadowed by the steep decline in tobacco use in the rest of New York State after policy implementation, indicating a strong secular decline in current tobacco use.
This decline was further confirmed when the research team compared NYC rates with those from a large urban and diverse sample from Florida.
The team also observed no changes pre–post policy change in youths' purchasing of loose cigarettes, suggesting that stiffer penalties included in the legislation may not have substantively altered this activity either by licensed retailers or street vendors.
These findings suggest that either the broad set of regulations adopted by NYC were not robust enough to alter youth tobacco use in the city beyond those occurring in comparison communities or may have been rendered less effective because of poor retailer compliance and illicit tobacco supplies.
It is early days, and although this research found that the MLPA law did not reduce tobacco use in NYC at a faster rate than that observed in comparison sites, there are some explanations. NYC is progressive and one where evidence based tobacco reduction strategies such as raising taxes, licensing tobacco retailers and strong smoke-free laws have been administered for some time. For example, you will find the highest per pack tax in the nation, at $4.35. In addition, this study did not assess retailers' compliance with the law, nor measure enforcement efforts.
Australia could be described as a country that also has an excellent track record of implementing evidence based tobacco reduction strategies. We have seen the smoking rates drop from 35% in 1980, to 12% in 2016, and there are few other strategies left to consider in the fight against cigarettes other than increasing excises and the legal smoking age for consumption and purchasing, and strengthening retail licensing to cut the number of tobacco outlets, particularly near schools and in poorer communities.
As a public health advocacy agency, it is our task to sift through the available evidence and recommend evidence based policy decisions. One study is rarely enough to throw us off the track. To make this point, I refer to two more studies. One was conducted in Needham Massachusetts which attributed a reduction (compared with control communities) in youth cigarette smoking to the passage of the nation's first MLPA 21 law in 2005, and noted Needham's aggressive enforcement of the law. The other study was in Ireland where increasing the legal smoking age from 16 to 18 was found to have a "significant positive impact" on reducing smoking among young teenagers in Ireland.
For Australia, increasing the minimum sale age for tobacco products to 21 is a promising strategy to reduce smoking and other tobacco use among youth and save lives. Raising the sale age to 21 complements other strategies to reduce tobacco use, including higher tobacco taxes, strong smoke-free laws that include all workplaces and public places, and well-funded, sustained tobacco prevention and cessation programs.
Nearly all smokers start as young adults, and these age groups are heavily targeted by the tobacco industry. Tobacco companies have intentionally marketed to children young adults to recruit "replacement smokers" and protect company profits. The industry understands that nearly all users become addicted before age 21. Increasing the tobacco age to 21 will help counter the efforts of the tobacco companies to target young people at a critical time when many move from experimenting with tobacco to regular smoking.
Increasing the legal minimum age for smoking laws, including consumption and purchasing, is becoming an important popular public health policy recommendation and even though the evidence supporting this policy intervention is still evolving, it does seem like the next logical step for tobacco control in Australia.
As Twiggy says, "It's better to aim for the stars and fall short than not to try at all."
The article – Impact of New York City's 2014 increased minimum legal purchase age on youth tobacco use by James Macinko and Diana Silver. Published in Am J Public Health May;108(5):669-675, 2018.
About JournalWatch
The Public Health Advocacy Institute WA (PHAIWA) JournalWatch service reviews 10 key public health journals on a monthly basis, providing a précis of articles that highlight key public health and advocacy related findings, with an emphasis on findings that can be readily translated into policy or practice.
The Journals reviewed include:
Australian & New Zealand Journal of Public Health (ANZJPH)
Journal of Public Health Policy (JPHP)
Health Promotion Journal of Australia (HPJA)
Medical Journal of Australia (MJA)
Journal for Water Sanitation and Hygiene Development
Tobacco Control (TC)
American Journal of Public Health (AMJPH)
Health Promotion International (HPI)
American Journal of Preventive Medicine (AJPM)
These reviews are then emailed to all JournalWatch subscribers and are placed on the PHAIWA website. To subscribe click to JournalWatch click here.
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Q: Setup local caching DNS server for speed I was wondering if it was possible to setup a local DNS server though BIND9 that contained a large amount of entries for DNS names, similar to what an ISP DNS server or something like Google DNS would have. I have explored some options, active DNS caching being one of them. This article along with this post, both demonstrate how to setup a DNS daemon to save a copy when somebody on the network queries a DNS name so the next query is much quicker as it is no longer having to perform an external DNS request. While this is a step in the right direction, I was wondering if it was possible to download all these "cached entries" or a huge DNS zone file beforehand so I would not have to manually load a whole bunch of sites for my server to make sense. Is this how ISPs or Google DNS runs their DNS servers, with a huge DNS file? How can I get one of these? I have looked into zone transfering which is nicly demonistrated here, but according to the guy, most DNS servers deny zone transfers so it appears I am out of luck.
I am doing this for a couple reasons, first because I would like to have a faster connection ( I saw the speed increase greatly when I switched from my ISP servers to OpenDNS) and because I would like to explore the science in how ISP's run their DNS servers and how all these things work with a hands-on approach instead of reading a huge book or article.

A: In other words, you want to go back to the /etc/hosts files of old and abandon the advantages of DNS?
Having a big pre-downloaded version of some portion of the DNS  system doesn't make any sense because entries can be invalid really quick so your data goes stale very soon in turn.
Large providers have a large number of clients that request many different domain names, including all the popular ones. They will cache these entries for the duration of the advertised TTL (Time to live) of the DNS entries and if this time span expires, they will ask the DNS system for an update of the entry before serving it to client systems.
Also, reading a book or extensive article to understand how DNS really works is the recommended approach before trying to implement something yourself. This will save you a lot of frustration as you have a chance to understand what you are doing in the first place and what the different config options might mean.

redpajama_set_name: RedPajamaStackExchange


Ready to start hacking on the source code for the Droid X?
Motorola actually released the code a couple of days ago, but it seems to have been washed under the rug while everyone focused on hating the manufacturer over a locked bootloader and mythical eFuse. From what I've heard, the code seems to be missing some key pieces for the rooting/ROM-ing crowd to really jump on it, but at least it's out there.


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Tag Archives: Democratic Society
The Innovation in Democracy Programme and its lessons for deliberative democracy
Posted on August 26, 2020 by The Constitution Unit
The Innovation in Democracy Programme (IiDP) was created in 2019 to support local authorities in using deliberative democracy – through citizens' assemblies and associated methods – to shape decision-making and policy creation. Here, five of the key figures involved in creating and operating the IiDP outline the methods, challenges and outcomes of a programme that had to adapt and adjust to both an early general election and the COVID-19 crisis.
What is the Innovation in Democracy Programme?
The Innovation in Democracy Programme (IiDP) – established by the Department for Digital, Culture, Media and Sport (DCMS) and the Ministry of Housing, Communities and Local Government (MHCLG) – was an innovative experiment which challenged us to support local authorities to tackle a complex, local issue in a different way; we tested using a deliberative democracy process within a local government environment to change the way communities are involved in sharing and shaping decision-making. We think it's fair to say it worked, but with lots of learning for all involved.
The programme's aims were to:
increase the opportunities for local people to have a greater say over decisions that affect their communities and their everyday lives;
encourage new relationships and build trust between citizens and local authorities;
strengthen local civil society by encouraging participation in local institutions.
Involve, Democratic Society, mySociety and the RSA worked from March 2019 to March 2020 with three local authorities – Dudley Metropolitan Borough Council; Greater Cambridge Partnership; and Test Valley Borough Council – to involve residents in decision-making. We did this through piloting citizens' assemblies. We were asked to support the local authorities in the following ways:
design, facilitate and report on their citizens' assembly;
develop a digital strategy to extend the reach, transparency, and accountability of the process; and,
collect and share the local authority's learning within and beyond their authority.
This video gives a unique insight into the citizens' assembly process from the perspective of three participants from each of the areas. Continue reading →
Posted in Public Engagement and Policy Making	| Tagged 2019 general election, Alex Parsons, citizens' assemblies, Coronavirus, deliberative democracy, Democratic Society, Department for Digital Culture Media and Sport, Department for Housing Communities and Local Government, digital democracy, Dudley Metropolitan Borough Council, Greater Cambridge Partnership, Innovation in Democracy Programme, Involve, Kevin Ditcham, Lizzie Adams, local government, Luminate, mySociety, Public Square, Riley Thorold, RSA, Suzannah Lansdell, Test Valley Borough Council | 1 Comment
Ending of the hybrid House of Commons breached fundamental democratic principles
Posted on June 8, 2020 by The Constitution Unit
Last week Leader of the House of Commons Jacob Rees-Mogg demanded the end of 'hybrid' arrangements allowing MPs to participate and vote remotely during the COVID-19 crisis. In this open letter, a group of senior democracy specialists point out this breached the fundamental democratic principle of equality in decision-making, because the MPs most benefiting from remote participation (e.g. due to 'shielding') were excluded from the vote. They urge the Leader of the House to reinstate procedures allowing all MPs to participate fully in all Commons business.
MPs queue to vote on Tuesday. Parliamentary copyright images are reproduced with the permission of parliament.
Dear Mr Rees-Mogg
We write to express our very grave concerns about the way in which the 'hybrid' House of Commons was suspended. As specialists in the principles and practice of democracy it is clear to us that these actions breached fundamental democratic principles.
The 'hybrid' arrangements, allowing for a mix of virtual and in-person participation in parliamentary proceedings were brought about by necessity, to enable the House of Commons to continue to fulfil its essential functions of scrutiny and representation during the coronavirus crisis. Parliamentary accountability is crucial at any time, but more crucial than ever when ministers have taken unprecedented emergency powers, and the broadest possible public consent for health measures, and restrictions on citizens' usual freedoms, is needed.
At the initial stages of the crisis there were troubling suggestions that parliament might close down completely for up to five months (as reported in The Times on 5 March). Thankfully, attention soon moved on from this drastic (and fundamentally anti-democratic) suggestion, to exploring how parliament could keep working through the crisis.
Parliamentary staff have worked tirelessly to devise innovative technological solutions to allow MPs to contribute virtually, and online select committee meetings began during the Easter recess. The Speaker, and the House of Commons Commission, offered admirable leadership, with essential additional input from the Procedure Committee. At the early stages there was a clear commitment to working on a cross-party basis to ensure that the Commons could continue to function in a way which maintained essential representation and accountability, while protecting public health. The motions on 21 and 22 April to enable members to participate and vote remotely were warmly supported by opposition parties and unanimously agreed. This consultative, cross-party approach was exactly what was needed when bringing about such far-reaching changes to the functioning of our democratic process. It showed inclusivity and maximised the chances of maintaining public trust and support.
The attempt to dismantle the hybrid arrangements has, unfortunately, followed the reverse approach. Through a lack of consultation and cross-party decision-making it has sown unnecessary division. Furthermore, it has breached the fundamental democratic and parliamentary principle of equality in decision-making, excluding many MPs from the choice about how to run their own institution. It has done so to the detriment of some of those who are most vulnerable in this crisis. Continue reading →
Posted in Parliament	| Tagged Anthony Zacharzewski, centre for constitutional change, Centre for Democratic Engagement, Centre for the Study of Democracy, Coronavirus, Cristina Leston-Bandeira, Democracy Unit, Democratic Society, Graham Smith, Hansard Society, House of Commons, House of Commons Commission, House of Lords, Involve, Jacob Rees-Mogg, John Garry, Karen Bradley, Leader of the Commons, meg russell, Michael Keating, MPs, Nicola McEwen, pairing, parliament, Parliamentary Constituencies Bill, parliamentary procedure, Procedure Committee, proxy voting, public bill committees, Ruth Fox, Shadow Leader of the Commons, Speaker, Speaker of the House of Commons, Tim Hughes, Valerie Vaz, virtual parliament | 11 Comments

redpajama_set_name: RedPajamaCommonCrawl


Among the many tasks of photographic documentation is to document what is almost or soon to disappear, and in this way photography is linked with both social memory and history. It stakes a claim in a world so saturated with images that one can hardly look at them. Kaucilya Brooke's "Boy Mechanic" project documents what is no longer there, what cannot be seen, and what is never the same even if it can be seen. In an ongoing project that ranges from video documentation to interviews, photographs and chalk-board maps, Brooke is creating an alter-geography that generates a sense of direction and space in relation to lesbian bars and nightclubs both present and gone. These bars come and go, feuding with liquor license boards, landlords and other aspects of the state, but leaving behind a ground of memory that is all the more important for being impermanent. As one surveys the complexity of the project, it becomes apparent that the queer optic opened by The Boy Mechanic gives a vantage point onto the seemingly unknowable moment of the contemporary, this imperial dreaming in which high courtiers sneer at the "reality-based community." From the tactile and sensory reality of the queer underground, Brooke makes us re-encounter the everyday, encounters of memory and association that I try to evoke here without being so contextual and specific as to lose her sense of virtual reality.
There will be no ruins of the American empire. In previous imperial moments, much thought and energy was devoted to the creating of monuments and memorials to the glory of the regime. The stone lions of Babylon, the Colosseum, the British Museum and other massive enterprises speak to and for empires past. As stone piled on stone, poets thought of memorializing themselves otherwise. Shelley looked at the remains of a monumental sculpture and mocked the pretensions of the now-forgotten Ozymandias. But the Roman poet Horace had thought ahead, writing his verse as monumentum aere perennius [a monument more lasting than bronze]. There are no poets writing about the American empire and there are no monuments that anyone can see. The signature moment of this empire was not the attack on the World Trade Center but its clean-up. Within weeks, a monumental ruin had been effaced, cleaned and swept, leaving a space that could only be called Zero. 1.8 million tons of debris had been removed to the evocatively named Fresh Kills Landfill on Staten Island, now the subject of its own exhibition. The downtown site is mired in disputes between developers and politicians, families and museum officials, and architects and everyone else that seems likely to end up in a very unremarkable collection of buildings with a nice station.
As for the writers, three recent fictional accounts of the events of September 11, 2001 in Manhattan take the identical strategy of placing their characters in desirable real-estate locations with a panoramic view of what then occurs being, as it were, an unintended bonus. Each writer—Deborah Eisenberg, Benjamin Kunkel, Jay McInerney—fails to create anything approaching what Walter Benjamin called the "dream image," a crucial moment in which "what has been comes together in a flash with the now to form a constellation."Instead, we are regaled with images that are so familiar from the mass media as to verge on the meaningless. The present fails to become monumental, it fails to be heroic, it fails even its primary function in the empire, which is to sell.
In his exhibition Course of Empire, the Los Angeles artist Ed Ruscha knew too much to attempt the monument. His title created a dialectical interface with Thomas Cole's nineteenth-century grand machine cycle of paintings of the same name, depicting the great swirl of history from the "savage" state to the glory of empire and its inevitable fall. In today's empire, there is nothing to see. Here are the branded, breeze-block structures of empire, sheltering behind rusting chain-link fencing, all awaiting their destiny: which is to become vacant lots so that the course of empire can begin again.
Such a structure might once have been a nightclub. Or it might become one in the next cycle. While it lasts, the club is a moment of interference in imperial transmission. The nightclub is part of the dream city, one that does not map precisely onto the city grid. Clubs are always hard to find—"it's here somewhere, I know it, it can't be far"—and that is part of their desire. The club that everyone knows is Cheers—and that show has dropped out of syndication even in the remotest reaches of the cable universe. Everyone knows the difference between "clubbing" and returning to that same location the next day, maybe now alone, maybe now sober. It's not the same space. This is what the Situationists called "psychogeography," a mapping of the dream city that exists in and around the physical city. It occupies the cinder-block buildings of the empire but it is not in the empire. It is remembered in the affects of sound but they don't last. Once that sound was the vibration of the railroad tracks that you could hear in the blues, the sound of the Great Migrations from the South to the North. That sound is just a required trick for the performers on American Idol now. Clubs offer a temporary shelter for the idea of the future that is yet to come by creating a fragmentary present in which there is at least the idea of possibility.
Is a pyschogeography of queer nightclubs art? A question for the tenure committee alone. In the age of empire, art is a term without meaning—I was about to say a "term of art." The products of the art industry circulate without rest, moving from one location to the next in a global artscape that is everywhere claiming its difference but is everywhere the same. The only things I want to see now are those that defer their own commodification: there is no permanent refusing of it any more. The artist is like Benjamin's ragpicker, wandering over the heaps of modern refuse, but in search of the site of refusal. "Easy for you to say," says the artist, "but I have to make a living." Wouldn't art be precisely that somehow? Making living? "I want to learn to live, finally," reads an opening from a book on ghosts from one who is now himself a specter.
The lycéens [high-school kids] in the French general strike of March 2006 had a slogan: "Rêve générale," the general dream, a play on the combined student and worker's call for a grêve générale, a general strike. The term combines the imagery of May 1968 with the intellectual legacy of the left into a new form. When he was an anarchist in 1906, Georges Sorel called the general strike a means of creating "a general unified image" of the interplay of classes at that moment. For Rosa Luxemburg, the mass strikes "show a typical picture of the logical development and at the same time of the future of the revolutionary movement on the whole." This is not language we are used to any more in the time of empire. The desire that causes the dialectical dream image to suture from the flow of history into a standstill is the general strike. That's art for you.


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Romeo Montague of Romeo and Juliet, by William Shakespeare
The prosperous and vibrant Elizabethan Age made England the heart of all commerce, culture, and most importantly, theatre. Romeo and Juliet, the masterpiece tragedy by William Shakespeare, takes place in this time period and relays the story of two young lovers whose ill-fated deaths eventually end an ancient family feud. The two, Romeo and Juliet, come from quarreling families who adamantly disapprove of their union. Thus, after knowing each other for only a few days, the star-crossed pair marries in secrecy and continues their furtive relationship. The situation complicates as the story progresses, with a previous love, arranged marriages, a perilous plan, and several deaths. Ultimately, Romeo and Juliet both fall to the consequences of their actions and have a pain-filled and sorrowful demise. Shakespeare's use of various tactics in developing Romeo's character in the play Romeo and Juliet shows that Romeo has an impulsive and emotional disposition. Romeo's inner feelings, his actions and responses, and others' opinions about him all help shape his character. William Shakespeare's methods all combine to draw Romeo's disposition.
Shakespeare uses Romeo's internal feelings as a method to draw a full character and prove his impulsive and emotional outlook. Generally, Romeo and Juliet's first meeting plays a huge part of determining Romeo's true demeanor. At Capulet's party, Romeo encounters Juliet for the first time. Love at first sight definitely takes place in this scene; upon seeing Juliet, Romeo denies ever previously experiencing love. He changes his feelings for Rosaline, his old love, in an instant as he gazes at Juliet and says to himself, "Did my heart love till now? Forswear it, sight,/ For I ne'er saw true beauty til...
...ing sent by Juliet as a token of their love, he is instantly rejuvenated and revived. Romeo's impulsive disposition shines through in this scene as his temper and decisions all change multiple times. He also allows his emotions, especially his love for Juliet, dictate the situation. Shakespeare uses Romeo's own actions and responses as a method to derive his character and individuality.
Shakespeare employs multiple expedients to expose the impulsive and emotional characteristics in Romeo's behavior and personality. In the first place, Romeo's internal feelings and perceptions help determine his full character. Also, the way others view him contributes and aids in proving his disposition. In conclusion, Romeo's own actions and responses support Shakespeare in drawing Romeo's character. The world recognizes Romeo and Juliet as an unsurpassed and classic love story.
Major Theme in Act I of Romeo and Juliet
She hath Dian's wit,/ And, in strong proof of chastit... ... middle of paper ... ...Act I. In Act I of Romeo and Juliet, Shakespeare demonstrates different forms of love that characters face. From the beginning, Romeo struggles to find true love and what love really is. As for Juliet, she also struggles on what love is, but also finding her own voice. And when finally finding true love they discover that they have fallen in love their own enemy.
Romeo And Juliet Analysis Essay
In this excerpt, Shakespeare reveals Romeo to the audience as an obsessive lover with his great use of imagery, and effective figures of speech. He shows his affection admiring Juliet's beauty by creating a passionate mood for the audience and revealing signs of themes (II.ii.2-25). In this extract, Romeo performs a soliloquy where he reflects on Juliet's beauty and expresses his feelings (II.ii.2-25). Shakespeare uses this point of view as it allows his characters to reveal their deepest inner thoughts and feelings. Through the passage, Romeo portrays his feelings by praising Juliet's beauty (II.ii.2-25).
Love in Much Ado About Nothing by William Shakespeare
The comparisons drawn between Beatrice and Benedick's love and the superficial love of Hero and Claudio are typical of the constant contrasts that Shakespeare builds into this play, comical or otherwise. It is in this way that Shakespeare manages to cross-reference almost all of his characters with each other; ` the 'wise' Beatrice with the 'modest' Hero, the 'valiant' Benedick with 'Sir boy,' the young Claudio. This emphasises their strengths and highlights their weaknesses respectively. By this he makes them more interesting, and so more realistic, pointing out things about the society in which the play was written, and about human relationships as a whole. One of the topics Shakespeare is especially fond of is that of Love being a force for good in society, improving anyone who is infatuated with it.
Shakespeare's Romeo and Juiliet Shows the Forcefulness of Love and Fate
The love shared between Romeo and Juliet is youthful, which is one of the many reasons why their love grows intense very quickly. It is cl... ... middle of paper ... .... The changes that both Juliet and Romeo undergo show that love is strong enough to change a person's beliefs and feelings. Shakespeare also shows the forcefulness of loving through Romeo and Juliet's actions at the end of the story. Romeo's feelings for Juliet are so strong that he poisons himself when he thinks that she is dead, and the feelings are returned by Juliet, shown by her decision to take a dagger to her heart when she sees that Romeo has poisoned himself.
Obsession in Romeo and Juliet by William Shakespeare
Friar Lawrence even acknowledges this when he states, "Young men's love then lies / Not truly in their hearts but in their eyes" (II iii 67-68). Romeo's affection is easily swayed from Rosaline to Juliet. Romeo and Juliet are not supposed to be together. Upon seeing Romeo, Juliet sends The Nurse to find out who he is. Nurse returns saying, "His name is Romeo, and a Montague, / The only son of your great enemy" (I v 36-37).
Irony in Romeo and Juliet by William Shakespeare
That makes the reader eager to know what is going to happen next. To add, Romeo tries to tell Tybalt that he has a reason for them to love one another, but he could not have done that without telling him that Juliet was his bride: I do protest I never injured thee, But love thee better than thou canst devise, Till thou shalt know the reason of my love; And so, good C... ... middle of paper ... ... I will dew; / Or, wanting that, with tears distilled by moans" (V, 3, 12-14). This was interesting and unexpected because Paris was actually in love with Juliet and he even asked Romeo to lie beside Juliet after Romeo slain him. Given these points, Shakespeare used situational irony in the play Romeo and Juliet to be of interest to the reader and make sure that things are not dull or tiresome.
Romeo is More to Blame in Shakespeare's Romeo and Juliet
In Act 1.1, Romeo depicts Rosaline's beauty and says, "She is too fair, too wise, wisely too fair." Romeo's love for Rosaline is only skin deep and faces heart break when she chooses to be celibate. Yet when Romeo sees Juliet for the first time, he forgets all about Rosaline and instantly falls for Juliet. In Act 1.5, Romeo is the first to spot Juliet and immediately feels an attraction to her. In addition, Romeo thinks Juliet is very beautiful and convinces her to kiss him without knowing each other.
Love, Anger, and Impulsiveness: Emotions That Impact Behavior
This "cast of mind" is a portion of the human nature that Shakespeare clearly conveys in the play. Shakespeare, through Romeo, portrays the positive and negat... ... middle of paper ... ...onnects his audience to the characters and although the play is written for the Elizabethan era, it remains pertinent by invoking the notion of human nature. He implements themes of love, anger, and impulsiveness and demonstrates the influence these emotions have on human behavior. It is evident that because human nature is constant, people have and will continue to be affected by these emotions. Works Cited Cardullo, Bert.
William Shakespeare's Romeo and Juliet
It is love which causes Romeo to change his beliefs and his actions. In Romeo and Juliet, love is at first portrayed as a violent ecstatic overpowering force which supersedes all other values, loyalties and emotions. Romeo's language when pining for Rosaline is certainly fu... ... middle of paper ... ...erfect and flawless. Romeo asks for Tybalt's forgiveness, so that his sins will not go with him to the next life, he shows maturity, he asks lost of questions with no answers, because he can not believe she is not alive. He is jealous of death, who has a bigger hold over Juliet than him.
the love between two hates
Just as important is how when the two families' hate starts getting stronger, Romeo and Juliet only become more and more inseparable and are willing to do whatever is necessary so they can be together forever. From the moment, Romeo "loves" Rosaline to the day he attends the Capulet ball and first sees Juliet, it is clear that love is a major factor throughout the play. At the ball Romeo had just met Juliet for the first time and eventually kissed her before leaving. "My only love sprung from my only hate! / Too early seen unknown, and known too late!/ Prodigious birth of love it is to me/That I must love a loathed enemy(I.V.138-141) is what she declares to her nurse, after only mere minutes she already loves Romeo who is her enemy, which she knows she cannot do, as it could potentially ruin the two families relationship even more.
More about Romeo Montague of Romeo and Juliet, by William Shakespeare


Motoring does not have a good name in green circles, and yet there are useful steps that we all can take to reduce the impact of our cars and vehicles on the environment.
Buy a hybrid or electric car such as the Toyota Prius.
Most large car manufacturers now produce a model of electric car, and the technology is improving all the time. The performance and range of electric cars has increased tothe extent where they are becoming a viable alternative to petrol cars. However, electric cars are only as eco friendly as the electricity that powers them. If that electricity was generated at a coal fired power station, the benefit to the environment is minimal. However, if the electricity was generated by sustainable technology, i.e. solar, wind or tidal, then the electric car is a truly eco friendly mode of transport.
There are a number of fully electric cars available including the Tesla P1 Roadster.It does 0 to 60 mph in 4 seconds, reaching speeds of around 125mph. An average charge takes 3.5 hours providing enough power to travel 220 miles. Unfortunately this sort of performance is seldom matched by other electric cars, which usually lack acceleration and a fast top speed. Another downside of electric cars is that their batteries have a tendency to explode on impact.
Hydrogen cars are powered by hydrogen fuel cells. The cell is topped up with liquid hydrogen, which mixes with oxygen from the air to produce electricity and steam.
There are a number of technological hurdles to overcome if hydrogen vehicles are to become commonly used. For example, at present, the most common methods of creating hydrogen require electricity, much of which is currently generated using fossil fuels. Another drawback with hydrogen is that its density is very low, so hydrogen fuel tanks would have to be very big if the car was to have the same range of a conventional petrol car.
The big car manufacturers primary response to high fuel prices and environmental concerns has been the development of low emission diesel engines. Vehicles fitted with these engines are more fuel efficient than conventional petrol driven vehicles, and less polluting. See low emission diesel cars for more information.
Some motorists have taken matters into their own hands and are producing their own biodiesel fuel from waste cooking oil and the like. See recycled biodiesel for more information.


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Home > Blog > Datafication and Colonialism: A Short Review by Dennis Jansen
Posted on 15 June, 2019 by Karin Es
Datafication and Colonialism: A Short Review by Dennis Jansen
Review of "The Emerging Social Order of Data Colonialism: Why Critical Social Theory still Matters!" by prof. dr. Nick Couldry at Utrecht University, 12 June 2019
It is undeniable that the increasing datafication of both Western and non-Western societies involves profound changes in our political and socioeconomic structures, but how should we understand those changes? In a recent lecture at Utrecht University, professor Nick Couldry (LSE) seeks to grapple with this complexity actively and warns that simply describing these changes as they occur is not enough; "description is not analysis," he says. In order to tackle the complex nature of technological phenomena like the internet and its related socioeconomic infrastructures, Couldry proposes we attend specifically to the various connections that these infrastructures create and, crucially, to the actual human beings 'entangled' within them. From this very humanist stance, it becomes possible to theorize an ethics of the datafied society—one which responds to such issues as the increasing dependence of human beings on the social infrastructure that digital platforms provide and the extraction of economic value from human life through data relations by corporate and governmental actors.
Drawing from his upcoming book The Costs of Connection (2019), co-authored with Ulises A. Mejias, Couldry conceives of this ever-increasing encroachment of data upon every aspect of human life as a next step in the relations between capitalism and colonialism that they term data colonialism. He differentiates this term from 'historical' colonialism, which appropriated territory, resources, and social relations, contributed to the rise of capitalism as we know it today, and justified many of its most unjustifiable aspects through narratives like the 'white man's burden'. Instead, data colonialism appropriates the human body itself, transforms social relations into 'data relations' for the sake of maximizing profit from data extraction, creates new colonial corporate empires which operate in cyberspace as much as in meatspace, and subsequently naturalizes itself by claiming that connectedness is inherently good and that the unbounded quantification of society is somehow inevitable. Global corporations like Facebook and Alphabet seem to embody this concept perfectly, evident in Alphabet's Project Loon and Mark Zuckerberg's long-standing desire to create a device that facilitates telepathic communication. Such endeavors are marketed as unquestionably positive developments that consumers can only benefit from. The near-limitless possibilities for exploitative data extraction are barely mentioned or overlooked.
From this critical analysis follows the question: What do we do about it? One potential avenue for resistance explored during the lecture was the law. (Unsurprising, given that two of the respondents to the lecture were legal scholars.) Serious efforts like the EU's General Data Protection Regulation are already being made, but they are insufficient: not only in that they do not grant the legal protections and restrictions one might hope for, but also in the sense that historically the law has been better at upholding capitalist and colonial systems than at dismantling them. One might cynically note that even the relatively straightforward solution of making certain data extraction processes illegal would likely not be enough—where there is money to be made, there is a way. Different angles will be necessary then, in our analytical frameworks and our praxis alike. Towards the end of his talk, if somewhat briefly, Couldry rightly mentions decolonial movements (specifically the work of Aníbal Quijano) as a possible source of inspiration.
Finally, what seemed to be missing from this short lecture was a discussion of the ways in which historical colonialism—which many would in fact argue is not historical at all but very much ongoing—and data colonialism interact. Couldry states that data colonialism now directs its appropriative efforts at the 'home populations' of the West before it turns to the East and Global South. However, even when we operate under the assumption that this statement holds true, it remains unclear in his analysis how pre-existing inequalities influence the process of data extraction in non-Western regions. Are there not (material) conditions that make it unlikely for Facebook to behave the way it did in Myanmar, for instance? Would its CEO ever transport his virtual avatar to the earthquake-stricken town of Amatrice in Central Italy, instead of Puerto Rico? Moreover, to what extent is this new form of colonialism driven by China, a global power not so often considered in Western decolonial thought? Questions like these unfortunately fell beyond the scope of Couldry's talk, but hopefully are included in the book or further thinking on this important matter.
Dennis Jansen, MA is a book review editor at Junctions: Graduate Journal of the Humanities and a student of the RMA Media, Art, and Performance Studies at Utrecht University.
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This is part one of a two-part series about Amazon Web Services (AWS) re:Invent 2014 and other recent cloud updates, read part two here.
A few weeks ago I attended Amazon Web Service (AWS) re:Invent 2014 in Las Vegas for a few days. For those of you who have not yet attended this event, I recommend adding it to your agenda. If you have interest in compute servers, networking, storage, development tools or management of cloud (public, private, hybrid), virtualization and related topic themes, you should check out AWS re:invent.
AWS made several announcements at re:invent including many around development tools, compute and data storage services. One of those to keep an eye on is cloud based Aurora relational database service that complement existing RDS tools. Aurora is positioned as an alternative to traditional SQL based transactional databases commonly found in enterprise environments (e.g. SQL Server among others).
Using the AWS Management Portal for vCenter adds a plug-in within your VMware vCenter to manage your AWS infrastructure. The vCenter for AWS plug-in includes support for AWS EC2 and Virtual Machine (VM) import to migrate your VMware VMs to AWS EC2, create VPC (Virtual Private Clouds) along with subnet's. There is no cost for the plug-in, you simply pay for the underlying AWS resources consumed (e.g. EC2, EBS, S3). Learn more about AWS Management Portal for vCenter here, and download the OVA plug-in for vCenter here.
November 12, 2014 (Day 1) Keynote (highlight video, full keynote). This is the session where AWS SVP Andy Jassy made several announcements including Aurora relational database that complements existing RDS (Relational Data Services). In addition to Andy, the key-note sessions also included various special guests ranging from AWS customers, partners and internal people in support of the various initiatives and announcements.
November 13, 2014 (Day 2) Keynote (highlight video, full keynote). In this session, Amazon.com CTO Werner Vogels appears making announcements about the new Container and Lambda services.
For those who are not familiar, AWS has a suite of database related services including SQL and no SQL based, simple to transactional to Petabyte (PB) scale data warehouses for big data and analytics. AWS offers the Relational Database Service (RDS) which is a suite of different database types, instances and services. RDS instance and types include SimpleDB, MySQL, Postgress, Oracle, SQL Server and the new AWS Aurora offering (read more below). Other little data database and big data repository related offerings include DynamoDB (a non-SQL database), ElasticCache (in memory cache repository) and Redshift (large-scale data warehouse and big data repository).
In addition to database services offered by AWS, you can also combine various AWS resources including EC2 compute, EBS and other storage offerings to create your own solution. For example there are various Amazon Machine Images (AMI's) or pre-built operating systems and database tools available with EC2 as well as via the AWS Marketplace , such as MongoDB and Couchbase among others. For those not familiar with MongoDB, Couchbase, Cassandra, Riak along with other non SQL or alternative databases and key value repositories, check out Seven Databases in Seven Weeks in my book review of it here.
Aurora is a new relational database offering part of the AWS RDS suite of services. Positioned as an alternative to commercial high-end database, Aurora is a cost-effective database engine compatible with MySQL. AWS is claiming 5x better performance than standard MySQL with Aurora while being resilient and durable. Learn more about Aurora which will be available in early 2015 and its current preview here.
AWS will be adding a new C4 instance as a next generation of EC2 compute instance based on Intel Xeon E5-2666 v3 (Haswell) processors. The Intel Xeon E5-2666 v3 processors run at a clock speed of 2.9 GHz providing the highest level of EC2 performance. AWS is targeting traditional High Performance Computing (HPC) along with other compute intensive workloads including analytics, gaming, and transcoding among others. Learn more AWS EC2 instances here, and view this Server and StorageIO EC2, EBS and associated AWS primer here.
Containers such as those via Docker have become popular to support developers rapidly build as well as deploy scalable applications. AWS has added a new feature called EC2 Container Service that supports Docker using simple API's. In addition to supporting Docker, EC2 Container Service is a high performance scalable container management service for distributed applications deployed on a cluster of EC2 instances. Similar to other EC2 services, EC2 Container Service leverages security groups, EBS volumes and Identity Access Management (IAM) roles along with scheduling placement of containers to meet your needs. Note that AWS is not alone in adding container and docker support with Microsoft Azure also having recently made some announcements, learn more about Azure and Docker here. Learn more about EC2 container service here and more about Docker here.
Continue reading about re:Invent 2014 and other recent AWS enhancements here in part two of this two-part series.


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William Henry Moore (October 19, 1872 – August 16, 1960) was a Canadian lawyer, author and Member of the House of Commons of Canada.

Biography

William Henry Moore was born in Stouffville, Markham Township, Ontario, on Oct 19 1872 to Rev. James Beach Moore and Hannah Elizabeth Greenwood. Moore was a direct descendant of Samuel Moore, an official in the 1670s in the American colony of East Jersey.  He was also the great-great-grandson of Samuel Moore, a United Empire Loyalist and member of the Quaker movement, and the great-grand-nephew of three notable political leaders of the mid-1800s: Elias Moore, Reform M.P.P. during the Upper Canada Rebellion of 1837; Enoch Moore, who was convicted of high treason for his role in those same rebellions; and, Lindley Murray Moore, President of the Rochester N.Y. Anti-Slavery Society in 1838. He graduated in Arts at the University of Toronto in 1894 and went on to post graduate studies in Political Science. At the University of Toronto he was a member of the Alpha Delta Phi fraternity. While studying at Cornell Law School, he was admitted into one of the Greek letter organizations (fraternities). He then went to Osgoode Hall to study law. He married Christine Mabel Bertram in Toronto June 23, 1898 (daughter of George Hope Bertram, MP for Toronto Center).

In 1903, Moore was appointed assistant to the President of the Toronto Railway Company.

In 1913, Moore built a large stone house on the east side of the mouth of the Rouge River in what is now Toronto, Ontario. The property consisted of 175 acres that he had purchased from the original patentee, William Holmes. He called the estate Moorlands and it was kept in the family until the Metropolitan Toronto and Region Conservation Authority expropriated it in the 1960s. It was opened to the public as the Petticoat Creek Conservation Area in 1975.

Moore worked as a distinguished barrister in Toronto and became a King's Counsel. He became the Secretary of the Canadian National Railway Company.

In 1922, Moore was awarded an honorary LL.D. by the University of Ottawa.  Other awards included Doctor of Letters and Fellow of the Royal Statistical Society.

Moore was avidly interested in economics. In 1926, he was appointed Chairman of the Tariff Board. In his diary entry of Saturday, October 26, 1929, then Prime Minister William Lyon Mackenzie King wrote that he was "much impressed with [Moore's] knowledge of the tariff situation, etc." Moore held that position until 1930, when he was elected to the House of Commons for the riding of Ontario. Later, he would be chairman of the House of Commons Banking and Trade Committee.  The French-Canadian journalist, Léopold Richer wrote of him in this role: One must see him in his role as the Chairman of the Banking and Trade Committee.  Big and tall, a friendly giant, a thick trunk, sitting solidly in his chair, his legs stretched out, his arms on the armrests.  His head gives the impression of solidity; without  mincing his words, it doesn't matter who is speaking, or what they are saying, he will give them their turn.  He smokes almost continuously, sitting back in his chair, his pipe held in an enormous fist.  His face remains impassive, he leads his listeners a little at a time, with long pauses for their benefit, handling interruptions peacefully. Then, he  quietly calls members back to order, gives his opinion, allows others a chance to counter him, assuring all a common measure of justice.  After a long session, he rises from his chair, his back hunched, with a tired demeanour, and retreats to the library to escape the petty quarrels.

Moore served in Parliament until April 16, 1945.

He died August 16, 1960 at the age of 87 years

At various times in his life, he was a director of Massey-Harris Co. Ltd., Canadian Colonial Airways Ltd., and Brazean Colliers Ltd.

Contribution

According to Graham Fraser, Canada's sixth Commissioner of Official Languages, "William Moore was an improbable defender of French-language rights in Canada. He was, as he listed proudly in his biography, of United Empire Loyalist descent, and a farmer in Pickering, Ontario. ...In 1918, when World War I was still raging and in the aftermath of Regulation 17, which abolished French-language education in Ontario, Moore wrote a remarkable book entitled The Clash: A Study in Nationalities. In the book, he argued that British traditions called for bilingualism and inclusion, and shrewdly contrasted them with what he called the rigid Prussian approach."

Senator Léon Mercier Gouin described The Clash as an "unsurpassed study of my people" and endorsed Moore's definition of nationality:

1. Ethnical identity,

2. Identity of language,

3. The unity of religion,

4. Common economic interests,

5. Habitation subject to common geographical conditions,

6. Common history and traditions,

7. A uniform theory of government.

Books
Moore was the author of numerous books on culture and economics including:
Railway Nationalisation and the Average Citizen (1917)
Railway Nationalisation and the Farmer (1917)
The Irresponsible Five: A New Family Compact (1917)
The Clash! A Study of Nationalities (a 1918 book on French/English relations in Canada)
Polly Masson (1919)
Commandments of Men (1925)
Definite National Purpose (1933)
Yellow Metal (1934)
Underneath It All (1942)
When the Iron is Hot (1943)
Grey  Days (1946)
By Their Fruits (1949)
MacKenzie King (undated, privately published).

Articles
The Mackenzie I Knew, Saturday Night, 28 December 1923

References

External links

 Moore's book The Clash is available in full at the Internet Archive
William Henry Moore fonds, Archives of Ontario

1872 births
1960 deaths
Canadian lawyers
Canadian non-fiction writers
University of Toronto alumni
Liberal Party of Canada MPs
Members of the House of Commons of Canada from Ontario
People from Markham, Ontario

redpajama_set_name: RedPajamaWikipedia


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Texaco, Chevron Chairmen Disagree On Cause of Busted Merger Talks
By Steve LiesmanStaff Reporter of The Wall Street Journal
The chairmen of Texaco Inc. and Chevron Corp., in their first public comments about their failed merger, offered divergent accounts of why the effort to combine their companies collapsed following months of negotiations.
Chevron Chairman Ken Derr said the two sides were far closer on price and resolution of thorny antitrust issues than had been thought. He said the outstanding issue was Texaco Chairman Peter Bijur's insistence upon running the company.
Mr. Bijur, in a separate interview, said he agreed as far back as December to take a vice chairman's position. "I am so shocked that they keep raising the issue," he said. But he indicated Texaco wasn't entirely willing to give up the reins of control. "What I was interested in doing was an opportunity for a marriage, as opposed to selling the company," he said.
Mr. Derr, on the other hand, said the company paying the premium has the right to run the new entity. "You can't have it both ways," he said.
It is rare for oil executives to air their disagreements publicly, and their statements could reflect heightened pressure to complete a deal at a time when their larger competitors are growing. Exxon Corp. and Mobil Corp. are set to merge in a deal pending before regulators. BP Amoco PLC, itself the product of a merger last year, is set to buy Atlantic Richfield Corp.


You can go back and forth between changes you have made to your work by tapping the Undo and Redo arrows at the top left corner of the canvas.
This "queue of possible changes" will remain available until you exit the drawing. At that point, they are removed.


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Le titre de comte d'Est-Anglie fut créé après la soumission du royaume d'Est-Anglie au roi du Wessex Édouard l'Ancien, en 917.

Ealdormen anglo-saxons (917-1016)

En 917, les Danois d'Est-Anglie reconnurent Édouard comme roi. L'identité du successeur du Guthrum II n'est pas certaine, mais il est probable que ce territoire fut attribué à l'ealdorman du sud-est de la Mercie, Æthelfrith. Il mourut vers 927, et son fils Æthelstan lui succéda. Il fut un seigneur très puissant, gouvernant un territoire étendu et apparaissant sur de nombreuses chartes à partir de 932, d'où son surnom de « Demi-Roi ».

 917-927 : Æthelfrith
 927-956 : Æthelstan, fils du précédent
 956-962 : Æthelwald, fils du précédent
 962-992 : Æthelwine, frère du précédent
 1004-1016 : Ulfcytel Snillingr ?

En , Ulfcytel fut tué à la bataille d'Ashingdon contre les Danois.

Jarls danois (1017-1044)

Les jarls d'Est-Anglie furent institués par Knut le Grand. Après avoir conquis l'Angleterre, il divisa le royaume en régions facilement gouvernables, et il nomma Thorkell le Grand jarl d'Est-Anglie en 1017. Knut le déclara hors-la-loi, lui et sa famille, en 1021, puis leur pardonna en 1023. Il est peu probable que Harald Thorkellson, le fils de Thorkell, ait succédé à son père, étant donné qu'il n'est décrit que comme otage ou fils adoptif du roi.

 1017-1021 : Thorkell Strut-Haraldsson
 ?
 1038-1044 : Thrui, peut-être en tant que « comte des peuples médians » (Earl of the middle people), dans l'est des Midlands

Comtes anglo-danois et normands (1044-1107)

La souveraineté anglo-saxonne sur l'Angleterre fut restaurée en 1042 avec l'avènement d'Édouard le Confesseur.

 1044-1051 : Harold Godwinson
 1051-1052 : Ælfgar
 1052-1053 : Harold Godwinson
 1053-1057 : Ælfgar
 1057-1066 : Gyrth Godwinson

Gyrth fut tué aux côtés de son frère Harold à la bataille de Hastings, le , et Guillaume le Conquérant nomma comte Ralph l'Écuyer.

 1066-v.1069 : Ralph l'Écuyer
 v. 1069-1075 : Raoul de Gaël

À la suite de la révolte des comtes, à laquelle prit part Raoul, Guillaume découpa l'Est-Anglie en domaines plus petits, parmi lesquels le Norfolk, le Suffolk et Cambridge.

Source de traduction

Notes et références

Est-Anglie


Thanks to the business-friendly environment, the low cost of doing business, and a world-class workforce, companies in Darlington county are able to successfully compete with the best companies in the world. Darlington County is home to the international corporate headquarters of Sonoco, a world leader in packaging materials. Other companies include Nucor Steel, Duke Energy's HB Robinson nuclear plant, Georgia-Pacific, Polyquest, and many more.
South Carolina is right-to-work state, making Darlington County a union-free place to do business. Darlington County also has a host of incentives for new and expanding industries, including job tax credits of up to $8,000 per job.
Because of its ideal location in the northeastern portion of South Carolina, Darlington County lies on the commercial transportation route connecting Dallas/Fort Worth with the Eastern Seaboard. The combination of interstates, port access and air access facilitate the movement of goods in and out of the county.
Education and worker training play a vital role in the success of area industries. Florence Darlington Technical College, including its Southeastern Institute of Manufacturing and Technology (SiMT), provides worker training and re-training with the most up-to-date technology and resources. Coker College in Hartsville has been ranked by U.S. News & World Report in the Top Tier of Best Baccalaureate Colleges. And nearby Francis Marion University offers undergraduate and graduate degrees in more than 30 areas of study.
With a population of 70,000 and growing, Darlington County is known as "the Pearl of the Pee Dee." Its two largest cities, Darlington and Hartsville, are flanked on the west by the scenic Lynches River, on the northeast by the Great Pee Dee River, and the southeast by I-95.
A prominent player primarily in agricultural commerce for centuries, Darlington County has been emerging as a manufacturing and technology center of excellence for the Southeast. Yet it has not lost its Southern charm and easygoing quality of life that make its citizens and businesses proud to call it home.


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Public international law notes
Investment Arbitration Treaty negotiation, interpretation & impact State Immunity Boundaries and Delimitation Sanctions State Contracts, Stabilization Clauses & Disputes Trade/WTO International Human Rights
The erosion of state and diplomatic immunity by European law? Two recent English Court of Appeal cases
This post is part of the following categories:
ECHR, Europe, International Human Rights, Sovereign Immunity/State Immunity, State Immunity
In the case of (1) Benkharbouche and (2) Janah v (1) Embassy of the Republic of Sudan and (2) Libya, the English Court of Appeal (the Court) considered the claims by employees of the embassies of Sudan and Libya, that s16(1)(a) and 4(2) of the English State Immunity Act 1978 (the SIA) were incompatible with Art. 6 of the European Convention on Human Rights (the ECHR) and Art. 47 of the Charter of Fundamental Rights of the European Union (the EU Charter). Both Art. 6 and Art. 47 relate to the right to a fair trial.
In its judgment of 5 February 2015, the Court determined that ss.4(2) and 16(1)(a) were incompatible with Art. 6 of the ECHR and a declaration of incompatibility would be made indicating to Parliament that the SIA requires amendment. Further, the Court found that these sections also violated Art. 47 of the EU Charter and that they should be disapplied where the claimants' claims were derived from EU law measures. As described in more detail below, the Court's decision indicates that state bodies and diplomatic missions that anticipate benefitting from immunity under the SIA may find that such immunity does not shield them from civil law claims, where it is incompatible with provisions of EU law. This case arose in the context of employment claims against the embassy employers but its application may be felt more broadly in other civil claims which are derived from EU law.
In another recent case involving employment claims, Reyes and Anor v Al-Malki and Anor, the respondent Saudi diplomatic agent and his wife claimed diplomatic immunity pursuant to Arts. 31 and 37 of the Vienna Convention on Diplomatic Relations 1961 (the Vienna Convention). In contrast to Benkharbouche (in which the focus of the Court's consideration was the UK domestic law, the SIA), the Court of Appeal in Reyes was considering international law. In its judgment in Reyes of 5 February 2015, the Court found that: the claims brought were covered by diplomatic immunity pursuant to the Vienna Convention, on the basis that the activity of employing someone was incidental to life as a diplomatic agent for which the immunity was granted; the Vienna Convention remains an authoritative statement of international law on diplomatic immunity; the compatibility of the limitation on access to a court with the state's international law obligations was determinative as to whether the restriction on access to a court was proportionate; and those obligations were not incompatible with Art. 6 of the ECHR.
The claimants in Benkharbouche, B and J, are Moroccan nationals. B, who had been employed at the Sudanese embassy, claimed for unfair dismissal, non-payment of the minimum wage, unpaid wages and a breach of the Working Time Regulations 1998 (the Regulations). J, who had worked at the Libyan embassy, made similar claims and also claimed for racial discrimination and harassment.
The main issues before the Court of Appeal were whether: (i) the statutory provisions complied with ECHR rights or could be read down compatibly with them; and (ii) Art. 47 of the EU Charter could be given horizontal direct effect so as to require disapplication of the statutory provisions.
Art. 6 of the ECHR – the Court of Appeal's Decision
In relation to Art. 6 of the ECHR, the Court determined that, if a state gave effect to a rule of international law requiring the grant of immunity, that would be held to be a proportionate means of achieving a legitimate aim, namely compliance with international law. However, s16(1) of the SIA granted immunity of a breadth which was beyond that which was required by international law and s4(2)(b) of the SIA was not required by international law. International law obligations thus did not justify the discrimination against foreign nationals caused. As the provisions of the SIA could not be read down compatibly with ECHR rights, pursuant to the interpretative obligation in s3(1) of the Human Rights Act [2000] (the HRA)(s3(1) requires that "[s]o far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention rights"), a declaration of incompatibility would be made. The declaration will not affect the application of the SIA to B and J's claims but will instead act as a signal to Parliament to consider amendments to the SIA.
Art. 6 of the ECHR – the Court of Appeal's Reasoning
In reaching this conclusion, the Court considered both English jurisprudence on the relationship between Art. 6 of the ECHR and the jurisprudence of the European Court of Human Rights (ECtHR) on the same issue. In Holland v. Lampen Wolfe, the House of Lords had described Art. 6 as both forbidding a contracting state from denying the benefit of its powers of adjudication but also as pre-supposing that contracting states have the powers of adjudication in the circumstances. Those powers, it was explained in Holland, are limited by state immunity which is a creature of customary international law, and is derived from the equality of sovereign states. This analysis – i.e. starting from the position that Art. 6 cannot be engaged if international law denies adjudicative jurisdiction – was more recently endorsed in Jones v Saudi Arabia (see our blog post here).
The Court highlighted the conflicting approach of the Strasbourg Court, which, in Al Adsani v the UK (see our blog post here), started from the position that Art. 6 was engaged before evaluating whether the grant of immunity was proportionate to pursuit of a legitimate aim and did not impair the very essence of the right to a fair trial. In this case, the Court considered that it did not have to choose between the contrasting approaches of the English courts and the ECtHR: if the state was giving effect to a rule of international law which required the grant of such immunity, it would be a proportionate way of pursuing a legitimate aim, that aim being compliance with international law. It considered this approach consistent with the Strasbourg jurisprudence.
Accordingly, in the context of embassy employment disputes, the Court considered in any case that it was necessary to evaluate whether the immunity granted in s4 and s16(1)(a) of the SIA was required by international law, or lay within the margin of appreciation accorded to states to determine the extent of their obligations under international law.
Section 16(1)(a) of the SIA
The effect of s16(1)(a) (when read with other relevant provisions of the SIA and the Vienna Convention) was a blanket immunity in all cases concerning embassy or consular employment disputes. The Court considered the requirements of international law under international conventions, namely: the European Convention on State Immunity 1972, the Vienna Convention (to both of which the UK is a party), and the UN Convention on Jurisdictional Immunities of States and their Property 2004 (signed but not ratified by the UK, and not yet in force, but which the English Court has indicated "powerfully demonstrates international thinking on [the international law of state immunity]" (Aikens J in AIG Capital Partners Inc., v Republic of Kazakhstan, cited with approval by Lord Bingham in Jones v Saudi Arabia))).
The Court's analysis of these conventions , and of state practice in addressing state immunity in the context of employment disputes (including a review of both legislative and judicial approaches), did not support the existence of a rule of customary international law which required the grant of immunity in employment claims brought by service staff of a mission in the circumstances of B and J.
The Court therefore concluded that a rule of the breadth of s16(1)(a) of the SIA was not required by international law, nor was it within the range of tenable views of what was required by international law. Therefore it was incompatible with Art. 6 of the ECHR.
Section 4(2) of the SIA
Section 4(2) of the SIA disapplies the exception to immunity created by s4(1) where an individual is not habitually resident in the UK at the time the employment contract is made. The Court found that there was no rule of international law which required the grant of immunity in the circumstances identified in s4(2) and rejected the contentions by Libya (and supported by the Secretary of State as intervenor), that s4(2)(b) gave effect in domestic law to the UK's international legal obligations under the European Convention on State Immunity. There were no legitimate objectives which could be achieved by such a limitation on immunity and the Court accepted that, "through the lens of modern understanding of the importance of non-discrimination, it is untenable to suggest that a forum state has no sufficient interest in adjudicating on the employment law rights of local long term workers simply because they are non-nationals or happen to have been resident outside the jurisdiction before they commenced their employment".
The Court concluded that s4(2)(b) of the SIA in relation to B and J's claims infringed both Art 6. and Art. 14 of the ECHR .
The EU law claims and the EU Charter
The Court also held that Art. 47 of the EU Charter was violated, given its content was, for the purposes of the case, identical to Art. 6 of the ECHR.
Art. 52(5) of the EU Charter confirms that the EU Charter only applies to Member State national courts (and EU institutions and like bodies), where they are implementing EU law. The Court held, however, that B and J's claims were "within the scope" of EU law, as they were based on EU law measures.
Further, the Court found that a right under the EU Charter could be relied on "horizontally" in certain circumstances (meaning that it could relied on even though Libya is not an EU Member State or one of the institutions referred to in Art. 51 of the EU Charter). Not all Charter provisions had horizontal effect, but Art. 47, which reflected general principles of EU law and did not depend on its definition in national law to take effect, fell into the category of those that could.
The Court therefore decided, in accordance with s2(1) of the European Communities Act 1972, that it should disapply s4(1)(b) and 16(1)(a) of the SIA, to the extent required to allow B and J's EU law claims to proceed.
The Court's finding in respect of Art. 47 of the EU Charter is the more practically significant in the context of the claims against the Sudanese and Libyan embassies, as it allows certain of those claims to proceed, notwithstanding the immunity granted by the SIA. The decision demonstrates that, as far as claims within the scope of EU law are concerned, states and other entities which would otherwise benefit from immunity under the SIA may find that this immunity is impacted by Art. 47 of the EU Charter.
The declaration of incompatibility with Art. 6 of the ECHR in respect of ss4(2) and 16(1)(a) of the SIA will not immediately assist B and J in their claims, as the SIA will remain in full force and effect until Parliament takes further action. However, s10 and schedule 2 of the HRA provide a mechanism whereby amendments to legislation can be made in order to remove an incompatibility identified by the courts.
This case further serves to demonstrate that there has been a general shift in perception since the passing of the SIA, both in terms of the recognition and protection of the rights of individuals and also of the extent to which states can and should be able to claim immunity in relation to civil law claims. A declaration of incompatibility in relation to certain provisions of the SIA may, in due course, provoke a review of the whole of the SIA by Parliament to ascertain whether the scope of the immunity it grants is consistent with international law.
For further information, please contact Andrew Cannon, partner, Hannah Ambrose, Professional Support Lawyer, or your usual Herbert Smith Freehills contact.
Andrew Cannon
Hannah Ambrose
Professional Support Lawyer
ECHR, Europe, International Human Rights, Sovereign Immunity/State Immunity, State Immunity Article 47 of the EU Charter, Article 6 of the ECHR, ECHR, English State Immunity Act 1978, EU Charter, right to a fair trial, SIA 1978, state immunity
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Ferrari's Massa told a news conference at the Malaysian Grand Prix that he had not apologised to the Scot for the overtaking incident that pitched the Red Bull driver off the track at Melbourne with his car badly damaged.
"I didn't do anything wrong. When I do something wrong, I will apologise but this time I don't need to," said the Brazilian.
Coulthard, who had blasted Massa in Melbourne, suggested the Ferrari driver would have to change his approach if he wanted to fight for the championship.
"Quite clearly my eyes point forward, they don't point rearward," said the Scot of the coming together that occurred when Massa tried to go past on the inside at the end of the main straight.
"He's got a much clearer view as to how much space there is and I didn't take a different line than I took on any other lap.
"I was fully prepared for him to pass me into corner three because a Ferrari has a much better top speed, it's a much quicker car. He made his choice. If he makes the same choice (again), he'll get the same result," added Coulthard.


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