Comparative Analysis of FDI Trends in China and India Essay

Comparative Analysis of FDI Trends in China and India - Essay Example Foreign Direct Investment â€Å"Foreign direct investment is defined as investment by a resident entity in one economy with the objective of obtaining a lasting interest in an enterprise resident in another economy† (OECD, 2010 p88). Foreign direct investment involves a company in one country investing in another entity in another nation to attain a long-term business interest in a business that exists in another economy. In other context, any investing activities that control and manages value creation in other countries is considered a foreign direct investment (Peng, 2011). These entities are known as multinational enterprises and they aim at creating control either through agreement or equity acquisition in a foreign country to help the firm obtain some advantages in the foreign nation (Peng, 2011). â€Å"Foreign direct investment is defined as an investment involving a long-term relationship and reflecting a lasting interest and control by a resident entity in one econom y in an enterprise resident in another economy† (Takamura, 2011 p245). This definition of FDI focuses on the long-term aspect of FDIs. This suggests that these foreign direct investments seek to attain some relationship that would span into the distant future. This is to be separated from short-term interests which might last for three years or less. Such arrangements cannot be classified as FDIs they are more or less some kind of operational agreement and may not qualify to be viewed as an FDI. Examples of FDIs include building production plants to retain control and acquiring a research and development entity in a foreign country (Neuhaus, 2011). Prompters of FDIs, OLI Theory Every business exists to maximise profits by cutting down costs and...This paper clarifies the real reasons behind China's increasing growth in FDI. It examines why China' FDI levels has continued to increase recently. In doing this, there has been undertaken a comparative analysis of China's FDI trends with the Indian FDI trends. In attaining the aim of the research, the objectives were examined, such as review of the vital factors in the movement of FDI in the global context, analysis of the trends in FDI in China, analysis of FDI trends in India and a comparison with China, observation of the differences between the Chinese and Indian situation in that field. In 2010, the World Investment Prospects Survey released by the UN Conference on Trade and Development showed that China is the most popular destination for foreign trade in the World. China increased its FDI by 20% between 2009 and 2010. The main factor that prompted China to become the leading destination for foreign investment was the changes that occurred within the country's national and legal structures. Foreign direct investment involves one entity investing in a business venture in a foreign country. These investments were often meant to promote control in a foreign country in order to attain power and further their interest in a foreign entity. FDI is meant to enable a given business to attain opportunities in foreign countries. Ownership, Locational Advantages and Internalisation form the crux of FDI. Ownership relates to how a business attains control and rights in a foreign business. Locational advantages relate to the ability of a business to take advantage of the local opportunities in a country. Internalisation refers to how a business uses the advantages that the FDI brings to it.

Wealth and Inequality Essay Example | Topics and Well Written Essays - 1250 words

Wealth and Inequality - Essay Example Racial, ethnic, religious and professional rivalries and jealousies have augmented class discrimination, and haves and haves-not observe enormous gulf between them. Hence, taking apposite measures immediately for the eradication of continuously increasing socioeconomic abyss appears to be the need of the hour, which could be performed by including the suppressed and oppressed stratum of society in nation-building programs, so that the society could be protected from becoming the prey to the severe anguish, hatred and bloodshed among the citizens for the future years to come. Before the French revolution, ninety-nine percent of the French population died of hunger and starvation, while remaining one expired due to over digestion. (Mahajan, 2002: 21) Thus, the authorities should move swiftly in order to introduce and implement socioeconomic schemes for the uplift of the poor and down-trodden masses in order to avoid the revolution the world has already observed in the form of French Re volution 1789, Iranian Revolution of 1979, and several other rebellions and revolts. The Paper Wealth serves as one of the most significant social phenomena, which helps the people get involved into the odds and ends of life by purchasing the commodities of their needs and choice, as well as by selling different commodities or offering their services against the wealth in order to keep the wolf from the door on the one hand, and for leading a comfortable and respectable life in society on the other. Since every human is directly or indirectly connected with financial activities, and strives in pursuit of earning more and more money and pecuniary gains, wealth has always been of vital importance in everyday individual and collective life. All that is because of the very reality that wealth decides and determines the status and position of individuals in a social hierarchy; it is therefore people seek professional education and learn technical skills, on the basis of which they work f rom dawn to dusk in various occupations in order to make both ends meet. However, they do not obtain the same amount of wealth according to the proportion of the efforts they make. Wealth is distributed less equally than labor income, total money income or consumption expenditure. While Gina coefficients in developed countries typically range between about 0.3 and 0.4 for income, they vary from about 0.5 to 0.9 for wealth. (Davies & Shamrocks, 1998) Thus, distribution of wealth, resources and opportunities has always been unjust, unequal and unfair since the known history of the social establishment. Inequality of wealth and opportunities is not confined to developing countries only. On the contrary, the developed western states are also undergoing the same problem within their social establishment. Both income inequality and the poverty headcount have risen over the past two decades. The increase is fairly widespread, affecting two-thirds of all countries. Income inequality has ris en significantly since 2000 in Canada, Germany, Norway, the United States, Italy, and Finland, and declined in the United Kingdom, Mexico, Greece and Australia. (OECD, 2008) Taking the example of the US society, it becomes crystal clear that on the one side, the wealthiest business tycoons and entrepreneurs like Bill Gates, Sergey Brin, Larry Page, Sheldon Adelson and others are leading the affluent and luxurious life, and on the other side, one sixth of the total population is living under the UN determined poverty line. Not only this that all social classes have their valuable

Critical Incident Scenario Essay Example | Topics and Well Written Essays - 1000 words

Critical Incident Scenario - Essay Example It is believed that a perceived attack on American refinery installations could seriously undermine health and safety in the region, and this would be sharply accentuated should the installation be housed in urban areas with substantial concentration of population. There is nothing that could stop terrorists targeting soft security targets of refineries in US in future, considering the massive trail of death, destruction and damages, these attacks are capable of bringing upon the people, property and environment, spanning several miles of the blasts. For one thing, chemical explosions could release toxic anhydrous hydrogen fluoride into the atmosphere, which could cause environmental poisoning and resultant deaths to human and plant life for several miles. For another, the damages scored could be almost permanent, since chemical leakages into the environment could have far-reaching and severe after effects on local areas. Unlike other installations, an attack on refineries would reduce the entire installation into rubbles, within minutes of its occurrence, leaving nothing to chance or security interventions. Therefore it has become necessary to protect at least 700 sites across the country that could potentially kill or injure more than 100,000 people in a potential attack on these installations. (Art, 2006). Experts ha Preemptive measures One of the most effective methods for reduced threats would be to replace the toxic chemicals with less virulent ones, which would reduce the level of dangers posed to human and ecological life. Experts have determined that for a conversion cost of $20 million to $30 million per refinery, sulfuric acid could replace hydrofluoric acid in the alkylation process used to manufacture high-octane gasoline. (Flynn, 2006). There is an urgent need to assess the risks and taken measures to alleviate or actively control the chemical sites .This could be done by having the plants owners to compulsorily present plans for reducing the risks involved with chemical plants. It would be necessary for the plants to first consider the present levels of available security, vis- a -vis the potential threats, pinpoint the areas of deficiencies, and take appropriate measure to reinforce strengths and neutralize weaknesses, or eliminate them. This is because experts are of the considered opinion that industrial sites having a high concentration of chemicals, presented a unique combination of lethality and vulnerability" (Art, 2006). Another aspect that needs to be considered is it is also necessary to reduce the stock levels of chemicals in the plants in order that losses could be kept at the barest minimum, in the event of attacks. The accumulation of stocks could increase the level of insecurity and dangers posed by an imminent attack on such installations by terrorist's forces. It has been seen that one of the main aspects that fail during terrorists attacks is the communication systems, and therefore, it is necessary that these are maintained at maximum security levels. It is seen that this plant is situated at a remote place, which may not be easily accessible, and this make inter and intra communication more urgent. Regular mock exercises and drills have to regularly conducted, preferably with military forces and Special Task Forces who should be able to reach the vicinity

Change Management and Leadership Research Paper

Change Management and Leadership - Research Paper Example Secondly, the leadership should have the power to motivate and empower the followers so that they become ready to adapt to changes without resistance. Also, they should be encouraged to accept the shared vision and get ready to accept challenging goals. Another important point is that the leadership should be able to enforce enough discipline to execute the plans and policies. Most of the time, organizations come up with impressive strategic plans but they lack the change management skills to properly operate the strategies to reach the expected goals. As Kaminski insists, whenever there is a plan, there should be properly developed performance measures and targets. Thirdly, the leadership should be fully prepared to change at any time as an organization might need to change as a result of environmental changes. So, only a fully prepared leadership can ensure that the organization has an environment that proactively observes and responds to changes in both external and internal facto rs. Finally, the leadership should understand change as a long and continuous process which has to be implemented over a long period of time. Leadership as the Visionary The first role of leadership is that of a visionary. ... Leadership as the Inspirer Leadership should have the ability to inspire and motivate the people under it. It is often achieved by identifying specific benefits to the people and minimizing potential losses. Also, there is participative decision making and open communication which will make the followers feel that there is a compelling reason for change. Leadership as Supporter In fact, leadership acts as supporter through providing enough resources, enough time, recognition and rewards. Also, from time to time, leadership will publicise vivid stories about the success of the change. Moreover, the leadership will provide such a picture that the success of all people is dependent on the success of the change. Leadership as Supporter Leadership also acts as supporter during changes. It actively listens to the problems and criticisms of people. Also, it offers as much empathy and care as possible to the people affected by the change. Leadership and Change Strategies There was a seminar named ‘Transforming Organisations’ organised by the European Foundation for the Improvement of Living and Working Conditions in Madrid on 23 and 24 September 2003. In the seminar, all the participants agreed to the fact that change management is the most important role of leadership. In fact, most of the changes introduced in organizations are aimed at improving either performance or productivity. The various strategies the companies adopt to ensure transformation range from growth, innovation and skills development, downsizing, layoff, replacements, altering assets and resources, and so on and on (cited in Dhondt, Kraan and Sloten). June Kaminski

Essentials of contemporary communication Assignment

Essentials of contemporary communication - Assignment Example The three skills most in demand are ability for versatile teamwork, problem solving, and communication. People are expected to work well with others and be able to switch easily from team to team, depending on the project. This implies a capacity for quick learning, high adaptability, and composure under pressure. This is an extension of teaming up and versatility a work. People who can recognize problems and implement solutions are esteemed by companies. Not only the management needs them; such people are the darlings of colleagues everywhere, and also of HR managers. Such people are blessed with the traits of thinking creatively, visualizing and suggesting solutions, knowing what to learn and how to do that at the right time. Communication skills are not just for professional advancement. Even as a personal trait it is very essential to be a welcome member of any group in family or society. But it has an added significance in the workplace—from performing the routine work, to securing timely promotions and wage hikes. Today’s communication needs can be classified broadly into three areas—written, oral and technological. Written: lot of documentation, reporting, correspondence and filling up of forms is involved in usual work. Excellence in these areas is necessary to cut one’s way through career goals. Oral: Simple speech communication matters a lot in today’s workplace. Good skills at this is needed for successfully selling your ideas to your manager for project approval, happy appraisal of work done and moving up the career ladder, giving instructions, understanding instructions and implementing things, maintaining rapport with co-workers of different levels and tempe rament, fruitful telephonic deals, interviewing people and gathering information, making presentations and a lot more. Technology: Proficiency with communication channels like telephone, fax, email,

Positive discrimination Essay Example for Free

Positive discrimination Essay New Right Sociologists would argue that this would be a disadvantage to the government as it would lead to an eventual reduction in the nations talent pool. However, it is important to note that the methodology used in the production of The Bell Curve is both dubious and highly doubtful. This is most vividly illustrated by the article Inequality by Design, written by the Sociology Department of UC Berkeley, which claims that the statistics used by Murray and Herrstein were flawed due to omissions and technical errors. On the other hand, New Right Sociologists also argue that ethic groups are disadvantaged because they refuse to integrate into their host society. A refusal to integrate may include a refusal to take on the norms and values of the host culture; or to learn the language. This prevents them from seeking opportunities and hence leaving them at a disadvantage. New Right Sociologists would henceforth argue that the state would have no responsibility whatsoever for self-made choices, and therefore that Positive Discrimination would be pointless and a waste of both time and resources. Neo-Marxists and Social Democratic/Left Wing sociologists would argue that because Ethnic Minorities suffer from ethnic discrimination as well as poorer life chances they require and need Positive Discrimination in order to ensure that they are able to reach the best of their potential. Neo-Marxist Sociologists would refer to the argument, as advocated by Stuart Hall of black people being scapegoat for economic and social problems in times of peril. This shows that people from ethnic minorities are blamed for causing problems, and hence are put at a disadvantage with other groups. This effect is then emphasized through the schema model, in which press coverage and blame of ethnic minorities leads to prejudice, prejudgment and in turn a disadvantage for minorities in regards to a wide range of areas, including life chances as represented through education, health and work. The prejudice caused by scapegoating leads to ethnic minorities being denied jobs in the primary job market, having to get by through the routine, ill paid and unskilled jobs offered through the Secondary Job Market. This in turn impacts greatly on all other aspects of their life, including where they live and the lifestyle they lead. Because ethnic minorities are tied to the secondary job market with lower wages, or languishing in unemployment, they end up residing in inner cities and other areas which are likely to be affected by what is described as the Inverse Care Law as coined by Hart, in which those who need the most access to services receive the least. Statistics from the Office of National Statistics show that ethnic minorities tend to have the worst self-reported health, live in overcrowded housing and smoke the most. This shows the fact that Ethnic Minorities, due to the lack of job opportunities, suffer from lower than average health and lifestyles. This, coupled with the fact that ethnic minority households are three times more likely to live in poor neighborhoods (Commission on Racial Equality, 2003) tells us that ethnic minorities do indeed suffer from lower life chances due to poor health, poorer education due to failing inner city schools and finally a cumulatively lower chance of success in life that other groups due to clear disadvantages in terms of health, education and job prospects. This clearly shows that Positive Discrimination in favor of disadvantaged groups is desirable as it allows for the disadvantages caused by ethnic discrimination and its knock-on effects to be limited if not redressed, hence increasing the nations pool of talent and preventing those who are capable from languishing behind due to disadvantageous conditions. Henceforth it can be said that Positive Discrimination in favor of disadvantaged ethnic minorities is both beneficial and disadvantageous depending on which perspective it is viewed from. However, it could be concluded with a degree of certainty that Positive Discrimination in favor of ethnic minorities is both a good government policy and advantageous to the country in question- as it allows ethnic minorities put at a disadvantage to compete on what amounts to nearer grounds to those from other ethnic groups that may enjoy an advantage, whether it be through wealth, power or better overall life chances. This allows for the meritocratic principles of Functionalism to occur on fair and even grounds- facilitating competition for roles and jobs between everyone on fair and even terms, hence allowing the best and brightest, regardless of ethnicity, to reach the very top and bring mutual benefits for society as a whole.

European Court of Human Rights

European Court of Human Rights Introduction The purpose of litigation at the European Court of Human Rights (ECtHR), is to examine alleged violations and ensure that States Parties comply with their obligations under the Convention, providing individual applicants with effective remedies and just satisfaction under Articles 13 and 41 of the European Convention on Human Rights (ECHR). The wider objective is to protect and embed locally the three CoE foundation stones; liberal pluralist democracy, human rights and the rule of law to effect structural and institutional change and create a common democratic and legal area throughout the whole of the continent. Yet comprised of 47 member states and 811 million citizens, the CoE inhabits a fundamentally different territorial scope to that in May 1949. Originally a social and ideological counterpart to NATO, it has undergone a central shift in its core modus operandi from an interstate process of protecting the democratic identity of Member States through the medium of human rights to its emerging front line role as an arbiter of liberal human rights through the medium of individual petition. Considerable problems that threaten to undermine what has been achieved over the fifty years during which the Convention has operated lead one to ask whether there is any point taking such cases at all. This brief essay is split in two sections. Section one analyses the tripartite problem outlined within PACE Resolution 1226 (2000); the inadequate clarity and casuistical nature of Court judgements, characterised by doctrinal uncertainty in the margin of appreciation; the systemic non-implementation of judgments and failure to employ necessary reforms that would avoid further violations, with a case study of the Russian Federation; and a critique of the insufficient rigour and failure of the Committee of Ministers (CoM) to exert enough pressure when supervising the execution of judgments. Section two, explores the central debate between individual and constitutional justice; and the potential impact Protocol 14 may have on the asphyxiating6] Court and CoM. Finally I assess the accomplishments of Strasbourg litigation before returning positively to our initial question with a passionate case for individual petition against the backdrop of a tide of human rights abuse in post-communist accession Europe; the utility of the Interlaken proposals; and preservation of the Human Rights Act 1998. Section One: Problems Theoretical Fault Lines: An Unprincipled Margin The extent to which there is any point to Strasbourg litigation is determined in the first instance by the extent to which the Court can effectively balance its role as a supranational judicial guarantor of liberal individualist human rights, within the CoE framework of upholding and deferring to the thread of pluralist democracy; an intrinsically collective ideal. For McHarg, Strasbourg jurisprudence is characterised by the absence of a conceptual framework integrating a preferable rights model with a defensible conception of the public interest. Greer agrees, highlighting unresolved normative, institutional, and adjudicative questions, and the failure of the Court to deliver a concrete body of jurisprudence and constitutional authority. The result formulaic, thin decisions and un-ordered interpretive principles, at best devaluing Convention rights and at worst denying them. This dichotomy is played out through the margin of appreciation doctrine; the latitude given to States Parties based on their better position with the facts on the ground. ECHR protections are not absolute, but relative; they are subject to exceptions permitting infringement of the fundamental right or freedom, specifically defined within paragraph two of Articles 8-11; and under Article 15 (A15) can be erased altogether to the extent strictly required by the exigencies of the situation. These express definitional restrictions remind us of Bentham; this, we see, is saying nothing: it leaves the law just as free and unfettered as it found it. Strict judicial interpretation and objectivity are critical to the defence of Convention rights in the context of these exceptions. The flexibility of the margin is for Waldock advantageous to the evolutive nature of Strasbourg Jurisprudence, and for Dr Arai-Takahashi value pluralism being the fundamental prerequisite and virtue of a liberal democratic society, a set of standardised rules would devalue regional legitimacy and richness of cultural values and traditions among member states. The CoE is clear in its aim to promote awareness and encourage the development of Europes cultural identity and diversity.That Convention rights are relative is a moot point for realist theorists, since States Parties would never have been willing to be bound by the Convention in the first place without safeguarding their democratic sovereignty. Yet McHarg notes the paradox in a legal scheme which is supposed to protect the individual against the collective, sanctioning limitations to rights on collective grounds. How far in practice does the ECtHR go towards fulfilling the supervisory function it refers to in Handyside v UK (1976)? To what extent does Osts assertion that there is never an unchallengeable margin hold true? McHarg talks of doctrinal uncertainty while Jones points out that even the Courts president has acknowledged the justification to some extent of criticism of the doctrines lack of precision and use without principled standards. Fiercer critics lambast the abdication of the Courts enforcement responsibility. Dembour questions if Convention rights are so full of contradictions that they are useless? It is intrinsic to the dichotomy between international individual rights protections and the national collective interest that the margin of appreciation occupies a middle position between subjectivity and objectivity; between a burden of proof firmly on the government on one hand and on the other of wide deference to it. In Lawless v. Ireland (1961), Waldock asserted: a Governments discharge of responsibilities is a problem of appreciating complex factors and balancing conflicting considerations of the public interest; once the Court is satisfied that the appreciation is on the margin the interest the public itself has in effective Government and maintenance of order justifies and requires a decision in favour of the legality of the Governments appreciation; Simpson saw this reflecting an implicit determination to back the authorities. Dembour and Jones respective assessments of further A15 derogations demonstrate consistently deferential applications of the margin, and reluctance to objectively scrutinise the existence of an emergency or of the measures implemented to tackle it. In Greece v. United Kingdom (1958), the Commission argued that the assessment whether or not a public danger threatening the life of the nation existed is a question of appreciation; determining the validity of the repressive measures employed, the UK government enjoyed a certain discretion. Such a position is clearly evident in Ireland v. United Kingdom (1978), confirmed in Brannigan v. McBride (1993), both concerning A15 derogations of Article 5 with regard to the detention of suspects in Ireland. Several problems arise from the rationale employed in these cases. Dembour draws our attention to the absence of a factually and theoretically strict analysis impossible to justify in human rights terms. Indeed, the inevitability of a wide margin in the context of A15 derogations, led Judge Martens to assert that there is no justification for leaving a wide margin because the Court, being the last resort protector, is called upon to strictly scrutinise every derogation. Jones contends a state of emergency objectively determinable if a national government has evidence of such a situation, he asks why this is not capable of assessment by an international Court? Implementation: A pessimistic view is well founded Strasbourg jurisprudence has demonstrated the capability of the Court to robustly uphold Convention rights from major shows of arbitrariness, ensuring a degree of justice for applicants and families, international attention, accountability in relation to serious violations, and domestic legislative change. Notwithstanding the significance of such supranational decisions, analysis of the pending caseload (some 116,800 cases in October 2009), reveals a Court facing unsustainable pressure from repetitive cases concerned with structural problems in civil, criminal and administrative proceedings; serious pervasive human rights abuses; and unacceptable delays in the implementation of judgements. Implementation remains the Achilles heel of the Convention system, A brief case study of Russia underscores the gravity of the situation. It is the irony of history that the Russian Federation now occupies a key position in the very organisation established to provide European unity and security in the face of Soviet communism. Comprising 27.3% (31,850) of all pending applications at the ECtHR, the Medvedev Government faces protracted challenges in its attempts to develop civil and economic freedoms ending the legal nihilism that is seriously hindering modern development. I write following the death in Butyrka prison of Sergei Magnitsky, an anti-corruption lawyer acting for HSBC / Hermitage Capital in the $230m tax fraud case. This case and the ongoing second Khordokovsky trial are emblematic of structural defects in the Russian criminal justice system and procuratura that have lead to the accusation and incarceration of many innocent persons. Other important cases demonstrate the gravity of the situation, including Gusinskiy v Russia, Ilascu and Others v Moldova and Russia, the first six Chechen cases, Shamayev and 12 others v Russia and Georgia and Aleksanyan v Russia. Leutheusser-Schnarrenbergers recent PACE report on politically motivated abuses of the criminal justice system is a powerful indictment of the failure of the Russian Federation to entrench a meaningful institutional framework that engages with the rule of law. The report highlights a multi-layered problematic of political and hierarchical vectors of pressure on judges to secure convictions; retrogressive legislative proposals that call into questions Putins implementation of jury trial; the endemic failure to safeguard defence lawyers from coercion and realise a truly independent objective procedure for their selection and quality; serious investigative flaws; and unremitting legal nihilism. The systemic pervasive abuse of human rights in Chechnya represents perhaps the most serious Convention violations. It is here that PACE and the CoM face their most urgent challenges. Bowring draws our attention to the recent memorandum on the North Caucasus, exposing violations by security forces, including enforced disappearances, torture, extrajudicial executions; and impunity for these violations of international law; while Leach candidly outlines the scope and extent of the crisis; the first Chechen cases demonstrate the real limitations of the individual rights mechanism of the European Court as a forum for resolving wide scale, systemic and serious human rights violations. In his recent visit to Birkbeck College, Leach vividly underscored the paradoxical and lamentable and legally unsatisfactory problem of non-disclosure (ND) of domestic case files, in spite of repeated requests made by the Court. 33 of the 37 Chechen judgments have been characterised by this problem, notably Basayeva and Others v. Russia and Bitayeva and X v. Russia and Isayeva, Yusopova and Bazayeva v. Russia. The Court in Bazorkina v. Russia pointed out that documents of the criminal investigation are fundamental to the establishment of the facts and their absence may prejudice the Courts proper examination of the compliant both at the admissibility and merits stage. Chechnya aside, Leach identifies a further threefold problem of implementation vis-Ã  -vis Russia, confirmed in Pourgourides 2008 CLAHR Report; deficient judicial review over pre-trial detention, resulting in excessive periods of detention and overcrowding; the Nadzor procedure supervisory review of final judicial dec isions; and the urgent complex problem of the non-enforcement of domestic judicial decisions against the state In the context of these problems, can there be any hope for optimism? Bowring draws our attention to the often ignored historical context which has characterised Russia as part of a long and complex relationship with human rights and with the rule of law and judicial independence, which are its essential underpinning. It is in this context he argues that the ECHR, rather than an alien implantis to a large extent a restoration of the reforms of the 1860s. Ghorkova contends current legal reforms and the creation of the rule of law and a civil society with the appropriate structures and mechanisms to protect human rights and fundamental freedoms as well as the participation in the activities of the Council of Europe, are wholly in line with Russian Interests. Behind Russias posturing is, according to Bowring a serious engagement with international law its commitment in terms of diplomatic and financial resources is substantial; and compliance with its obligations indeed, in 2007 the ECtHR heard 192 complaints against Russia. Russia won just 6 and paid in full the orders for compensation in every case. In addition, in a wider sense, Leach points out the pre-eminent position of the CoE vis-Ã  -vis Russia in view of the inability of the United Nations effectively to sanction Russia over human rights abuses, and as a result of Russian suspicion about the motives and aims of the OSCE. Entrenching the rule of law in Russia will be a slow process. However, the mechanisms for its success are at least in legislative terms visible. It is my contention that through the work of the CoE and ECtHR, the Russian Federation will make a true engagement with human rights. As we shall explore below, the right of individual petition is an essential part of this process. It is easy to dismiss the Court as having failed in its mission when confronted by the ongoing abuses of rights in Russia. Yet this depends on how one defines success. From Systemic Individual Justice to an Abstract Constitutional identity The critical mass of applications lodged coupled with systemic non implementation of Court judgements has led Wildhaber to a paradoxical observation; that the quantum leap in recognising the individual as a subject of international law, has reduced the capability of the ECtHR to ensure the safeguarding of the individual from violations of Convention rights. That the Courts well noted asphyxiation is intrinsically related to the right of individual recourse is clear. De Vries April 2009 CLAHR Report lays bare the unsustainable increase in applications, principally in the wake of post-communist accession, underscoring the urgent need to tackle obviously inadmissible cases; repetitive cases that concern established systemic defects; and to concentrate on the most important cases. The inferences drawn from these stark figures have been decisive shaping proposals to ameliorate the crisis; but moreover reveal the wider battle for the soul of the ECHR borne out of competing understandings of the Courts function. The crippling application rate is for Greer emblematic of the intrinsic failure of the CoE structure to systematically deliver individual justice; intrinsic since individual recourse is a flawed paradigm. Foremost, the Convention system was, according to Greer, simply not designed as a conduit for the fulfilment of individual human rights through the medium of individual petition, but rather the protection of democratic identity through the medium of human rights. Its contemporary utility is thus encouraging European public organisational, legal and ideological parity though articulation of an abstract constitutional model member states should then apply. Greer goes on to cast doubt over the possibility of the ability of the Convention system to deliver systematic justice to every applicant, concluding that given this individual justice becomes arbitrary. Finally, he argues that where cases are adjudicated in favour of the applicant, they are often hollow victories marked by symbolic rather than instrumental awards of just satisfaction, but beyond that little else. Consequentially he argues the urgent need to that the cases the Court does select for adjudication represent the most serious Convention compliance problems in Europe, and that they are settled with maximum authority and impact. Wildhaber agrees, the need for the Court to concentrate its efforts on decisions of principle However, for Sir Stephen Sedley, the proposal to introduce a discretion to refuse to entertain cases which are legally admissible is a counsel of despair; to do this would be to abandon the Courts crucial role, which is not that of a Supreme Court, but that of a tribunal of last resort for citizens of non-compliant states. This, he argues may be attractive to judges but is less attractive to citizens of sates which persistently or systematically fail to observe the convention. And this is less attractive still in light of the concern that amendments to the admissibility criteria will restrict the right of individuals to seek redress at the European Court, without ade quately tackling the problem of the increasing number of Convention violations across Europe. Conclusion: Why Bother? Camerons renewed pledge to repatriate the Human Rights Act (1998) (HRA) with a British bill of rights to better tailor, but also strengthen, the protection of our core rights may soon be a reality. DPP Kier Starmer has made an impassioned defence of the HRA and broad impact of Convention jurisprudence on the CPS: the common law sometimes struggles with a coherent approach to human rights; the Human Rights Act is an essential component of the framework within which everyones rights may be protected. The ECHR has shored up the right to a fair trial in the UK, the CPS underscoring the relationship between Article 6 and its work securing the fairness of trial proceedings in criminal proceedings. It was central to the development of PACE (1984), ensuring formality of interrogation and ending miscarriages of justice through uncorroborated evidence. Regina v Fulling (1987) demonstrates the efficacy of PACE safeguards against evidence collected under oppression, contrary to the ECHR; the meaning of the term (oppression) reflects the wording of Article 3. Starmer underscores the positive obligation on the state to take reasonable steps to protect potential victims from a real and immediate risk to their lives from criminal activity. When they (victims) unfortunately acquire that status, they have the right to an effective investigation. These are rights that spring from the Human Rights Act, not rights that conflict with it. Critically, they are now enforceable in court. Through the application of the ECHR, challenges may be made under Section 78 PACE as to the admissibility of the evidence obtained; and victims have the right to challenge decisions not to prosecute, particularly where they can point to poor decision-making or inappropriate consideration of irrelevant factors in that process. The HRA is central to legal certainty and transparency, and development of a modern public prosecution service prosecuting firmly and fairly, in an open, transparent and independent way; supporting victims and witnesses by enabling, encouraging and supporting their effective participation at all stages in the criminal justice process; and a commitment to respect and protect the human rights of all those affected by our decisions, whether they be victims, witnesses, suspects or defendants. Klug demonstrates the tangible protection of freedom under the Human Rights Act in sixteen important areas; freedom of association; private and family life; freedom of expression and the media; terrorism; torture; jurisdiction in Iraq; protecting the right to life; investigations into deaths; marriage; asylum seekers; disability; mental health; restraint of young people in secure training centres; sexual orientation; race; and gender. A few examples of Case law in these areas make a powerful case for Strasbourg litigation. A and others v UK (2009) held that the incarceration of suspected international terrorists under the Anti-Terrorism, Crime and Security Act 2001 without charge or trial was disproportionate and discriminated on the ground of nationality or immigration status. In R (H) v Mental Health Review Tribunal, the rights of those detained under the Mental Health Act (1983) were bolstered by the shifting burden of proof for continued detention onto the health authority. Prisoners rights have been enhanced, including the granting of voting rights in Goldberg and Others v. Minister of Prisons (1979); the freedom from censorship of correspondence, in Silver and Others v. UK (1980); and changes to cell policies following the racist murder of a prisoner in R (Amin) v SSHD (2003). R (Baiai) v SSHD (2008) was important ensuring the sacrosanct right to marry under Article 12 was free from discrimination on the grounds of immigration status. Leach, in his recent visit to Birkbeck College drew attention to the heart-rending fact finding missions in Anchora in the early 1990s, highlighting serious pervasive violations of the Kurdish minority in South East Turkey. The deplorable case of Aydin v. Turkey (2005) is emblematic of the effect of individual petition and its fundamental importance to the effective protection of the substantive rights and freedoms provided for in the Convention. It is perhaps through this significant programme of litigation, setting key standards in violations of Articles 2, 3 and 5, and delivering access to justice to those most vulnerable and marginalised members of society that the true point of litigation in Strasbourg is made. For those in the North Caucuses, 2009 has been a frightful year, symbolised by the death in Grozny in July of Natalia Estimirova, followed a month later by Zarema Sadulayeva and Alik Dzhabrailov. Through the delivery of constitutional justice those most vulnerable people whose voices so desperately need to be heard will be cut off from the most advanced international system for protecting civil and political liberties. Barkhuysen and Emmerick contend that the Courts constitutional legitimacy and moral authority are derived through providing legal protection to individuals by breaking the State Partys sovereignty. This unique achievement, unprecedented in international must be defended. It is here that the point of Strasbourg litigation is to be found.