Case of Unocal Burma Essay

Work in progress at the Yadana pipeline project †¦ modern equivalent of slavery? Unocal Corporation, the California-based giant gas-and-petroleum corporation, will face trial in a United States court on charges of forced labour of Burmese people to build the $1. 2 billion Yadana Gas Pipeline Project in southern Burma. On September 18 last year(2012), a panel of the U. S. Ninth Circuit Court of Appeals in Pasadena reversed a previous Federal District Court decision and allowed the groundbreaking human rights lawsuit against Unocal to go forward. In the Doe v. Unocal case, 11 Burmese villagers are suing Unocal for human rights abuses including rape, forced labour and murder during the building of the Yadana gas pipeline project in Burma. â€Å"This is a landmark decision,† said Richard L. Herz, an attorney with the non-profit group EarthRights International (ERI), co-counsel in the lawsuit. â€Å"In recognising that corporations that aid and abet egregious human rights abuses can be held accountable, the Ninth Circuit has affirmed that U. S. corporations cannot violate international human rights with impunity. † The decision said that plaintiffs need only demonstrate that Unocal knowingly assisted the military in the perpetration of the abuses, and that they had done so. The court also found that forced labour such as that employed by the Burmese military on behalf of the Unocal pipeline is the â€Å"modern equivalent of slavery†. The ruling stated, â€Å"The evidence supports the conclusion that Unocal gave `practical assistance’ to the Myanmar Military in subjecting Plaintiffs to these acts of murder and rape. Thus, because Unocal knew that acts of violence would probably be committed, it became liable as an aider and abettor when such acts of violence, — specifically, murder and rape — were in fact committed. † The legal battle began six years ago when Burmese villagers filed a suit in U. S. federal court demanding that Unocal pay millions of dollars in damages for abuses committed by soldiers along the Yadana pipeline. However, in 2000, despite the court finding evidence that â€Å"Unocal knew that forced labour was being utilised and that the joint venturers benefited from the practice†, the  federal judge dismissed the case because the company’s conduct did not rise to the level of â€Å"active participation† — a liability standard borrowed from the Nuremberg war crimes trials involving the role of German industrialists in the Nazi forced-labour programme. Lawyers for the Burmese villagers responded by filing a new lawsuit under state law and making many of the same charges in the Superior Court in Los Angeles. In June 2002, the California Superior Court Judge Victoria Chaney’s decision held that plaintiffs’ claims might proceed to trial. The trial of the California State case is scheduled to start in early 2003. The lawyers for the Burmese villagers also appealed the federal judge’s dismissal last year, which led to the ruling by the Ninth Circuit Court on September 18 last year. Although the Ninth Circuit Court has sent the case back to the lower federal court for trial, the villagers’ lawyers said they would ask Superior Court Judge Victoria Gerrard Chaney to apply the new liability standard in the California State trial. Unocal maintains that its actions are not on trial in the California case and that the company expects to be vindicated of `vicarious liability’ charges. Responding to the federal decision, Unocal’s lawyer Daniel M. Petrocelli said: â€Å"What the case is about is whether a private American company can be held responsible for the actions of a foreign military regime when the company itself didn’t do any of the offending conduct. † â€Å"No Unocal person participated in any acts of wrongdoing,† Petrocelli said. â€Å"Unocal does not have, nor ever had, any control over the actions of the Myanmar military. The company does not direct, countenance or condone the violation of any person’s human rights, and it certainly did not aid or abet the violation of anyone’s human rights. And if that is the standard that is applied in this case, we are confident we will meet that standard. † During the early 1990s, ignoring widespread calls from the Burmese democracy leader Aung San Suu Kyi and pro-democracy groups worldwide for a moratorium on international investment, transnational oil companies Unocal (U. S. ) and Total (France) chose to invest in a regime with one of the worst human rights and environmental records in the world. In 1992, the Burmese military government entered into a joint venture with Unocal and Total to construct a gas pipeline from the Yadana gas fields in Burma’s Gulf of Martaban to the Thai border. This represents the single largest foreign investment project in Burma. The Yadana gas revenue is one of the largest sources of foreign capital for the Burmese military government. The Burmese military regime was contracted by the oil companies to provide â€Å"security† for the project. Ever since, the Burmese army has engaged in systematic human rights abuses and environmental degradation in order to fulfil its contractual responsibilities. The U. S. court accepted the case against Unocal based on extensive documentation including eyewitness accounts of human rights abuses in the pipeline region provided by ERI. Along the Burmese pipeline route, killings, torture, rape and extortion by pipeline security forces have increased sharply since the Yadana Project was initiated. Many villagers along the pipeline area provided eye-witness descriptions of forced labour: â€Å"Battalion No.  273 came in to our village and asked for two porters to go to two places, including one located directly along the pipeline. These people had to go because it was their turn. The soldiers ordered a total of 18 porters from our village tract. The work lasted about 20 days, and they did not get any payment. I know they did not get payment because that was always the case, and it was the same again. † The influx of soldiers in the previously isolated Tenasserim region also caused an increase in illegal hunting, logging, and wildlife trade. The region is one of the largest rainforest tracts left in mainland Southeast Asia, home to wild elephants, tigers, rhinos and great hornbills, to name just a few rare and important species. It is also home to numerous indigenous peoples, including the Mon, Karen, and Tavoyans. An incriminating piece of evidence is a declassified cable sent from the U. S. Embassy in Rangoon to the U. S. State Department in 1995 that confirms Unocal’s relationship with the Burmese military and their collusion in forced labour. Known as the â€Å"Robinson Cable†, the cable chronicles a meeting between the U.S. embassy staff and Joel Robinson, Unocal’s manager for special projects. According to the cable, Robinson accepts Unocal’s relationship with the Burmese military: â€Å"On the general issue of the close working relationship between Total/Unocal and the Burmese military, Robinson had no apologies to make. He stated forthrightly that the companies have hired the Burmese military to provide security for the project and pay for this through the Myanmar Oil and Gas Enterprise (MOGE). He said three truckloads of soldiers accompany project officials as they conduct survey work and visit villages. He said Total’s security officials meet with military counterparts to inform them of the next day’s activities so that soldiers can ensure the area is secure and guard the work perimeter while the survey team goes about its business. † Tyler Giannini of ERI said that the evidence belies Unocal’s claims that it is not responsible for the acts of the Burmese military. â€Å"When Unocal and Total hire the military, tell them where to go, what to do, and depend on them for the security of their project, they are morally and legally responsible for the abuses that their security forces commit. Unocal was dealing with the devil. Now they will have to answer to a jury,† he said. Doe v. Unocal is the first case in U. S. history in which a corporation will stand trial for human rights abuses committed abroad. Human rights lawyers have viewed the court decision on Unocal as a breakthrough for foreigners seeking to hold multinational corporations accountable for their alleged complicity with repressive regimes in human rights abuses. With at least 10 similar lawsuits pending around the U. S. against multinational corporations, including ChevronTexaco Corp. and Coca-Cola Co. , the Unocal court ruling will encourage human rights lawyers to proceed on these cases.

Joints and Body Movements

Joints and Body Movements Laszlo Vass, Ed. D. Version 42-0014-00-01 Purpose: What is the purpose of this exercise? In this exercise I will exam how joints function and thereby discover how they allow for movement in the body. Joints are where two bones come together. The joints hold the bones together and allow for movement of the skeleton. All of the bones, except the hyoid bone in the neck, form a joint. Joints are often categorized by the amount of motion they allow. Some of the joints are fixed, like those in the skull, allow for no movement.Other joints, like those between the vertebrae of the spine, allow for some movement. Most of the joints are free moving synovial joints. In this exercise I will exam how joints function and thereby discover how they allow for movement in the body. Are there any safety concerns associated with this exercise? If so, list what they are and what precautions should be taken. Basic lab precautions, including keep a clean workspace and washing your hand when dealing with raw poultry. In order to ensure that this occurs layout the equipment beforehand in a clean sterile environment and follow safe work practices.Exercise 1: Questions A. As you observe the skull, explain how the structure of the sutures between the cranial bones is related to the overall function of the cranium. Children’s heads needs to squeeze through the birth canal during delivery, humans during infancy have evolved with a soft skull composed of many different bony plates that meet at regions called cranial â€Å"sutures†. These sutures also allow the skull to grow rapidly during the first year of life, at which time the bones start to slowly fuse together. This allows the skull to continue to protect the skull during early development.B. Why are synarthroses an important component of fibrous joints? These joints are weight bearing and the joints provide stability and cushioning. Synarthrotic joint is to provide a stable union between bony sur faces. The suture and synchondrosis actually become more stable when ossification of the joint takes place. Exercise 2: Questions A. Cartilaginous joints exhibit amphiarthroses. Why is this important? Amphiarthroses provides an articulation between bony surfaces that permits limited motion and is connected by ligaments or elastic cartilage, such as that between the vertebrae.B. Structurally, how are cartilaginous joints similar? Cartilaginous joints are connected entirely by cartilage. Cartilaginous joints allow more movement between bones than a fibrous joint but less than the highly mobile synovial joint. Cartilaginous joints also form the growth regions of immature long bones and the intervertebral discs of the spinal column. Exercise 3: Questions A. Which type of synovial joint has the least amount of movement? Plane joints permit sliding or gliding movements in the plane of articular surfaces.The opposed surfaces of the bones are flat or almost fat, with movement limited by the ir tight joint capsules. B. Why are diarthroses important for synovial joints? Diarthrosis permits a variety of movements. All diarthrosis joints are synovial joints and the terms diarthrosis and synovial joint are considered equivalent. C. Which synovial joint is most movable? A ball and socket joint is a joint in which the distal bone is capable of motion around an indefinite number of axes, which have one common center.It enables the bone to move in a 360 ° angle. D. What are the four structural characteristics that all synovial joints share? Synovial joints all have synovial fluid, articular cartilage, articular capsule, synovial membrane, capsular ligaments, blood vessels, and sensory nerves. Exercise 4: Questions A. Which of the body movements was the most difficult to perform? Why? Inversion which is a gliding joint and provides little movement. B. Hinge joints like the elbow and knee have limited movement. Why are these types of joints more prone to injury?Hinge joints in the elbow and knee contain a lot of anatomical structures packed into a tiny space and when challenged with heavy and constant use, it thus especially prone to injury and infection. C. When performing flexion on the arm, the biceps muscle (on the anterior of the arm) contracts. What happens to the triceps muscle (on the posterior of the arm) as this action is performed? As you perform flexion on your arm the triceps muscle relaxes. D. Both the shoulder and the hip are ball and socket joints. Why does the shoulder have a greater range of motion than the hip?The muscles and joints of the shoulder allow it to move through a remarkable range of motion, making it the most mobile joint in the human body. The shoulder can abduct, adduct rotate, be raised in front of and behind the torso and move through a full 360 ° in the sagittal plane. Exercise 5: Observations Sketch your chicken wing: Label the bones, muscles, tendons and joints. Exercise 5: Questions A. What effect will the tearing of a tendon have on its corresponding muscle? The corresponding muscle will shrink due to the decreased activity tendon. This is because when the tendon is torn the area around the tendon ill not be in very much use until the tendon is repaired which can take a good while unless professionally handled. The muscle will go back to its original size once the tendon heals and the muscle is used more. B. Why are ligaments harder to heal than tendons? Tendons heal faster than ligaments. The reason is that tendons are connected to the muscle, which will allow them to receive a larger blood flow. Ligaments are connected to bone which supplies less blood. Blood is the key -what carries nutrients in order to repair the tissue. C. Compare and contrast tendons and ligaments.Ligaments connect bone to bone and tendons connect bone to muscle. D. What is the function of fascia? It is responsible for maintaining structural, provides support and protection, and acts as a shock absorber. The function of muscle fasciae is to reduce friction to minimize the reduction of muscular force. Fasciae: a) Provide a sliding and gliding environment for muscles. b)Suspend organs in their proper place. c) Transmit movement from muscles to bones, and d) Provide a supportive and movable wrapping for nerves and blood vessels as they pass through and between muscles. [ E.What effect would the loss of articular cartilage have on a joint, its bones and their corresponding muscles? It causes the breakdown of the cartilage in joints. It also called degenerative arthritis. Cartilage is the joint's cushion. It covers the ends of bones and allows free movement. If it becomes rough, frays, or wears away, bones grind against each other. As a result, the joint becomes irritated and inflamed. Sometimes the irritation causes abnormal bone growths, called spurs, which increase swelling. Conclusions Explain how skin, bones, and muscles are related to each other.Why is this relationship important to the underst anding of the skeletal and muscular systems? Joints are where two bones come together. The joints hold the bones together and allow for movement of the skeleton. All of the bones, except the hyoid bone in the neck, form a joint. Joints are often categorized by the amount of motion they allow. Some of the joints are fixed, like those in the skull, allow for no movement. Other joints, like those between the vertebrae of the spine, allow for some movement. Most of the joints are free moving synovial joints

Asian Cultural Heritage

The Asian texture of Filipino culture from the prehistoric Spanish times, therefore, could be traced to evolutionary factors, the continous migrations of people and the early contacts with other Asian civilizations. INDIAN INFLUENCES Indian influences were traceable in the languages, religious belief, literature, customs and traditions of early Filipinos. The Supreme God of the ancient Tagalog was Bathala, which came from the Sanskrit word B’hattara (great Lord) Among the pre-Islamic natives of Sulu, Indra Battara was the most prominent deity, Indra, being the sky god. The other gods the natives believed were of Indian or Vedic in origin such as Agni (fire god) and Surya (sun god). The epics of the early Filipinos such as the Biag ni Lam-Ang of the ilocanos, Mahabharata, the Indian epic. Some Filipino superstitious beliefs that originated from India were: 1. A comet is a bad sign; it brings war, famine and other calamities. 2. A pregnant woman must not eat twin bananas for she will give birth to twins. The putong (headgear) of the early Filipino male was Indian origin. So was the sarong (Indian sari), the lower part of the clothing of pre-Spanish women. Indian influences on Filipino culture are clearly manifested by the presence of Sanskrit words in Tagalog language. Dr. T. H. Pardo de Tavera mentions 340 Sanskrit words. Examples are: SanskritTagalog . Atawaasawa (spouse) 2. Amaama (father) 3. Raharaha (king) 4. Harihari (king) 5. Kottakuta (fort) 6. Gandaganda (beauty) 7. Bhattarabathala (god) 8. Mutyamutya (pearl) 9. Inaina (mother) MALAYAN INFLUENCES The Maragtas For lack of historical or archeological data, the Maragtas or the great tale about the Ten Bornean Datus who came to Panay may be part-history and part-fiction. According to this great story, at around 12 50 AD, ten datus and their families left Borneo to escape the repressive rule of Sultan Makatunaw and to establish new homes across the seas. Led by Datu Puti, the Malays landed in Panay Island where they negotiated with Marikudo, the Negrito king for the barter of the lowlands. The agreed price was one golden salakot for the Ati king and one gold necklace for Maniwangtiwang, Marikudo’s wife. The barter of Panay was sealed by an agreement of friendship between the Atis and the Malays. The Negritos, after performing their merry songs and dances, retreated to the mountains. There are some interesting coincidences, however, between the legend of Maragtas and Panay customs and traditions. To this day, the ati-atihan, a colorful song and dance festival is celebrated in Aklan. This is to re-enact the warm welcome accorded to the Malays by the Atis, which resulted to the purchase of Panay. W. H. Scott, the American missionary, in his doctoral dissertation (1968) comments: â€Å"There is no reason to doubt that this legend (Maragtas) preserves the memory of an actual event, but it is not possible to date the event itself, or to decide which of the details ar historical facts, and which are the embellishments of generations of oral transmission. CHINESE INFLUENCES The Chinese, who came to the Philippines, whether as traders or settlers, were primarily interested in trade, so their influences on Filipino life were mainly economic and social. The early Filipinos learned from the Chinese the art of metallurgy, the manufacture of gunpowder, mining methods and the use of porcelain, gongs, umbrellas, lead and kites. From the Chinese originated the dishes lumpia, mami, okoy, pan sit, bihon, chop suey and siopao. Sauces like toyo, and tawsi also came from the Chinese. Some Chinese customs were eventually adopted by the Filipinos. The arrangement of marriage of children by parents, the use of go-between in negotiating marriage, the use of white clothes or dress during the period of mourning and the filial respect for elders accorded by the children were examples of practices borrowed from the Chinese. About a thousand words are found in the Filipino language. Among them are the following: ChineseFilipino 1 Inkongingkong 2 Hebihibi 3 A-chiate 4 Bi-koebiko 5 Dikiamdikiam Pin-topinto 7 Sosisusi 8 Mikimiki 9 Bakkiahbakya 10 Pansitpansit JAPANESE RELATIONS The Filipinos had been trading with the Japanese long before the coming of the Spaniards. Japanese bahan (merchants) and wakos (pirates) sailed the South China Sea seeking for Sung and Yuan wares buried in Philippines graves, iron and woolens for Filipino gold and wax. The Japanese immigrants who came to the Philippines during the pre-Spanish times settled at the mouth of the Cagayan River, the Lingay en Gulf area, and Manila. The first recorded encounter between the Japanese and the Spaniards was in 1572 when Juan de Salcedo, while sailing from Manila to Ilocos, fought off three Japanese junks off the coast of Pangasinan. The Japanese pirates sailed away, after fierce fighting. In 1582, an expedition led by Captain Juan Pablo Carreon assaulted a Japanese colony founded by the pirate Tayfusa at the mouth of Cagayan River. The Japanese were forced to leave the place. The early Japanese merchants also traded with Agoo, a town in the Lingayen Gulf area. They brought with them utensils, assorted weapons, salted meats and other Japanese were better treated and nodiscrimatory decrees were made against them. The Spaniards respected and feared them. ARABIC INFLUENCES Arabia’s most enduring legacy to the peoples of Sulu and Mindanao is Islam. The Arabs also introduced the sultanate form of government, Arabic art and literature; the Arabic alphabet; the Koranic Law; the mosque; the art of warfare- lantaka(cannon), vinta(warboat) and the kuta(fort). The Luwaran, a code of laws and compilation of the customs and traditions of the early Muslims, was written in Arabic. The Maranao’s Darangan (epic poetry), Maguindanao’s Indarapatra and Sulayman and Sulu’s Parang Sabil were deeply inspired by Islam. Arabic influence is also clearly seen in the decorative and ornamental art of the maranaos, who are the best –known wood carvers and painters of the region. Arabic words are also found in the Filipino language. Examples are: surat(letter), apu(old man), akma (appropriate), arak (wine), alamat (legend), maalem (knowing), pirate (scar) and salam (thanks).

Titian's Venus of Urbino Essay Example | Topics and Well Written Essays - 1500 words

Titian's Venus of Urbino - Essay Example Venus is the Roman goddess of love, beauty, sexual seduction, and fertility. The sexualized nature of Venus’ mythological roots made her a ripe subject for Renaissance artists seeking to embrace this new freedom of expression. While perhaps not the most seminal incorporation of Venus imagery, Titan’s ‘Venus of Urbino’ painting is highly sensational in its depiction of a nude woman on a couch; indeed, Mark Twain even once referred to the work as a form of pornography. This essay situates Titan’s ‘Venus of Urbino’ within the context of the gender situation in Renaissance Italy and compares it with other Renaissance versions of Venus imagery, ultimately arguing that the image indicative of progressive Renaissance values, and to an extent an early incarnation of female objectification. Analysis In gaining a thorough contextual understanding of Titian’s ‘Venus of Urbino’ (Fig. 1) it’s first necessary to situate the work in relation to the socio-cultural values, artistic trends, and gender perspectives of the time of the work’s creation. Fig. 1 Venus of Urbino One prominent such consideration is the nature of the work as framed in a window like format. There is a great many connotations within such Renaissance window imagery. One theorist notes that, â€Å"the window was often viewed as an erotically charged space for both prostitutes and -- at certain times – ‘proper’ women.†1 While for ‘Venus of Urbino’ this sexuality is in part indicative of Renaissance moral liberalization, in the context of Venus imagery this work is highly sexualized relative to other works. While the image’s highly sexualized nature is clear, the extent that this sexuality is indicative of progressive Renaissance values, or rather an early incarnation of female objectification is a debated subject. While individuals such as Joan Kelly has notably argued in favor of fe male objectification, Chojnacki instead contends that the Renaissance witnessed a shift in favor of women’s rights. He writes, â€Å"The spatial dimension of the state’s regulation of sexual behavior was more concretely present to Venetians in the case of prostitution.†2 In this mode of understanding one could potentially view the image as one empowerment. Still, it’s important to consider the nature of nude prostitutes and courtesans as being models for Venus. The image then can even be argued to take on a subversive quality, rebuking increased state regulation of sexual behavior. While a plethora of artists implemented Venus imagery during the Renaissance, this subject was a cyclical theme in Titian’s work. One of Titian’s prominent implementations of Venus occurs in his oil painting ‘Sacred and Profane Love’. Featured in Fig. 1 below, this work shares with Titian’s ‘Venus of Urbino’ the nude depiction of V enus. While the central focus in ‘Venus of Urbino’ was on the Venus figure, in this image Venus seemingly plays a secondary role to the depiction of the bride. Still, scholars have also argued that the bride is actually a different representation of Venus. Tinagli notes, â€Å"the two women represent two aspects of the goddess of love, respectively the Celestial Venus (platonic love) and the Terrestrial Venus (sensual love). Nakedness stands here for the purity of spirituality.†3 Fig. 2 Sacred and Profane

Life of an American Slave in Early American History Essay

Life of an American Slave in Early American History - Essay Example Early American slaves were native Indians and a few exported from West Indies. During the later part of slavery, slaves were imported from the African continent in large numbers. The life of slaves was really pathetic. Atrocious behavior of the elite people made their life even worse. Slaves were put to work in the most heinous conditions in the plantations and domestic premises. The situation of slaves who worked in the plantations was really pitiable. They were not as educated or sophisticated as the domestic slaves. Domestic slaves were mostly women. Most of the men worked in plantations. Domestic slaves were well aware of the happenings in the whole household. They also had deep knowledge in the happenings in the political area. Majority of the slaves were concentrated in the upper south area. The native Indian slaves and the African American slaves tried to reconstruct their lost culture in America. This resulted and contributed in the development of the famous American culture that is unique with its racial diversity and ethnicity. This ethnic culture was later termed as popular culture. Slangs were introduced to the language and literature by the African slaves and their descendants. This enriched the literature and gave it a fresh outlook with more depth and broadness. Music was the passion of American slaves and they saw music as a source of entertainment and relaxation. Besides, they perceived music as a means of an outcry of the hurt feelings. Jazz music was introduced into the field of music by the slaves. Thus, the contribution made by the slaves to augment the modern American culture was enormous. The contribution of American leaders to develop and unify a culture that enjoyed wide diversity in religion and ethnicity is praiseworthy. Along with the struggle for freedom and emancipation of slavery movement, the American leaders also succeeded in building up a nation with multitude races that were unified and distinct from the rest of the world.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Eve Kornfeld through the book, â€Å"Creating an American Culture† (Kornfeld par. 1) tries to expose the efforts made by the eminent leaders like Noah Webster, Benjamin Rush, Judith Sargent Murray, David Ramsay, Mercy Otis Warren and other intellectuals to develop an inimitable national literature that integrated a nation and reconstructed the concept of an exclusive nationhood. Most Americans have a static vision of slavery that existed in America. When we talk about slavery, the

Effects of quantitative easing on food prices Research Paper - 1

Effects of quantitative easing on food prices - Research Paper Example Instead of that food prices now depend on global demand and supply. Dependence on global market leads to speculation which makes food price volatile. Volatility is a characteristic of the market but irresponsible monitory policies generate the market more volatile and drive prices up. Generally weather, speculation and a number of other faults would have been considered as responsible but here monetary policy and quantitative easing (QE) or printing new money are the main reasons. This policy can be done by the central bank only because everyone accepts this money as a payment. People use this money to buy government and corporate bonds, equity and houses. In addition central bank sometimes lowers the interest rate on new bonds and loans and this will make additional pressure on money market. It encourages greater spending. On the other hand bank can also improve their position and show their interest in money lending (Fry). Effects: There is also a negative impact. Firstly, the prin ting of new money raises the purchasing power of the consumer and the demand of products increase. For that people demand more money but the central bank fails to supply that amount of money. This leads to inflation in economy. Then to control the situation central bank decides to increase interest rate on both credit and deposit. For that central bank loss money on its purchase and suggest the government to impose higher tax rate on goods and services. Secondly, creating and spending money lowers the value of currency and it causes inflation or hyper inflation. This exploits the purchasing power due to instable price level. Last of all, QE demolishes the confidence of an economy. Thus we can say that QE is counterproductive for an economy and central bank cannot impose QE anyhow (The Financial Times Lexicon). According to some economist QE is not main responsible for rising of food prices. Poor people have to understand that they should maintain their food habits basis on supply of those goods in world market. If there is seen a shortage of that good people should adjust their food habit according to the situation. This can make a stable situation in the food market which directly affects the prices of foods (Lagi et al). Gradual increase of basic food prices has severe impacts on huge population across the world. There is a lack of confusion about the factors which are responsible for this situation. The main cause of price increase of food is investor speculation. In recent years it is clearly seen that the supply and demand are not consistent with the actual price dynamics. The exploitation of food prices in 2007-08 and 2010-11 were mainly happened due to the investor speculation (Lagi et al). Along with that the consumption of ethanol is another reason. The excessive consumption of ethanol in US gave a huge negative impact in the global market. It increased the price of ethanol sharply. More over these adverse results are not only seen in the commodity ma rket but also seen in the asset market. It increased the expected returns from equities and bonds. Though some economists have claimed speculators cannot affect the food market directly. According to them food prices are set up through the market mechanism and deregulation of the price system. Price system is generally controlled by the practitioners of the market. Therefore, there is a huge chance of making disingenuous price system. They generally set the price level with respect to their profit maximization

The Primary Reasons for the Creation of Central Banks Especially in th Essay

The Primary Reasons for the Creation of Central Banks Especially in the U.S - Essay Example Another reason to create the central bank was to restrict the practice of small independent banks to open branches across the state boundaries. Actually, with the significant decentralization of the banking system of US, the problems increased especially during the recession, when the multi-bank panics and frequent bank collapses happen. For example, between the closure of the Second Bank of the United States and in the late years of first decade of the twentieth century, total nine multi-bank panics happened. In consideration to the frequent collapses of small banks, the need of a structure of central bank with regional banks was identified. Eventually, after the panic of 1907, in 1913 a commission of inquiry was set up and the Federal Reserve Act was passed. In the absence of a central bank in the 19th century, the federal government used to act its own banker and the treasury could favor the specific geographic, economic and financial interests. Therefore, another aim of creating central banks was to finance and meet the centralized needs of the Treasury. The central bank of the United State, Fed was set up with an aim that it could operate independent of both the private financial business interests and duly constituted government authorities. The key players in shaping the Federal Reserve Act were Glass Steagall Act 1933 and Regulation Q. These two key players not only allowed the Federal Reserve Bank to reduce the riskiness of system but they also enhanced the authority of Federal Reserve Bank. It was being assumed before the creation of regional fed banks that central banks are too large and it was against the democratic ideals of the USA for example, in 1832, USA president argued that Second Bank of US had given the power to few irresponsible people. Actually, the establishment of a central banking system has always been parallel with the fear of excessive control from the centre. Therefore, rather than setting up a single bank, the Federal Reserve Act established a system of twelve regional Federal Reserve Banks overseen by a Federal Reserve Board.  

American history in 1800s Essay Example | Topics and Well Written Essays - 250 words

American history in 1800s - Essay Example That social reform movement includes education reforms, religious reforms, alcohol reforms, women reforms and literary reforms (Cobble, 2004). The person/event/ concepts discussed above are related to one another. Harriet was a person who was against slavery, newspaper was a strong platform to project the ideas of Harriet while social reforms educated the people of USA that all men and women are equal and there should be no discrimination on the basis of race, color, sex or religion. The triad is quite helpful in projecting the efforts which were taken in the past to bridge the gap among different ethnic groups living in the country like USA (Murphy, 2003). Fredrick Douglass was an American social reformer and a writer. He was against slavery and also escaped through it. He also served as a leader of abolitionist movement. He was well known for his antislavery writing (Harris, 2004). Jim Crow is a term which is used for the laws which were made after the congressional reconstruction. These laws were quite discriminatory for the Afro-American minority of the country. The law took away many rights which were granted to Afro-Americans during 13th, 14th and 15th century. Congressional reconstruction gave complete rights to the Afro-Americans. Their right to cast vote was also recognized in that reconstruction era (Chused, 1994). There is one thing in common all the three concepts which are discussed above. All three are associated with the major minority group of USA that is Afro-American. These events/concepts/persons reflect that Afro-American had fought hard for their rights through the history. The significance of triad is that reflect s the chronological sequence about the struggle of minorities in USA (Dougherty,

Human Relations Managing Research Paper Example | Topics and Well Written Essays - 3000 words

Human Relations Managing - Research Paper Example Trade unions are a collection of individual, who join it, in order to attain freedom from varied types of unfair practices within the organization such as unfair wages, unfair environment, improper treatment etc. However, the trade unions help to the employees to attain their desires and needs through vigorous negotiation and communication with the employees of the organization. By doing so, the level of performance of the employees gets enhanced resulting in the upliftment of their productivity and performance. Apart from this, the trade unions help to maintain a good relationship among the employees thereby enhancing the rate of coordination and cooperation among them. As a result, the level of performance of the employees enhances resulting in amplification of the total productivity and reliability of the organization in the market among others. However, due to the improvement of the relationship of the employee and the employer the level of retention of the employees also gets en hanced to a significant extent (Claydon, 2003, pp. 334-356). Therefore, due to the retention of the experienced staffs within the organization, the intensity to develop varied types of inventive products and services also gets enhanced. Hence, the organization becomes able to satisfy the changing needs and demands of the customers. However, the trade union is entirely different from the concept of employer’s organizations. Employer’s organization is described as a group of employees, operating in a similar segment.

Organization Balanced Scorecard Assignment Example | Topics and Well Written Essays - 2500 words

Organization Balanced Scorecard - Assignment Example re is revenue growth by proposing income generating projects, operation on the profit growth and ensuring determining the short term solvency of the company. These objectives are in line with the vision of the company as they ensure which is offering low prices to the consumers. The company makes sure that it capitalizes on the large market by selling its products at lower prices. The need for a balanced scorecard in order to determine whether the company is headed in the right direction in terms of profitability cannot be understated. Therefore, this is done by measuring each objective in the financial sector with a quantified target metric that is associated with it. This process has helped companies understand their position and the weak and strong areas in the organization. In this way, the priority of the objectives can be understood in the organization and therefore, it becomes easier for the management to understand which objective should be implemented first based on its impo rtance. Further, it shows how the different sectors of the company are performing in relation to the vision and the mission of the company. Traditionally most federal agencies measure their managerial presentation by mainly focusing on internal process performances; they also looked at factors such as the number of full time equals that were allotted. However, on the other hand the private sector has always focused on the monetary procedures as their bottom line; this includes return on investment, earnings per share and even market share. It is imperative to understand that alone, neither of the approaches can be able to give stipulation for the full viewpoint of an organization’s routine. However, by ensuring that there is a balance that exists between the internal process as well as results from financial measures, managers can be able to have a complete picture as to whether the company should be able to make improvements. For this reason, the balanced score card was used as it

Dead Man’s Path by Chinua Achebe Essay Example for Free

Dead Man’s Path by Chinua Achebe Essay Introduction   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The story is generally depicting the theme which is said to be modernity versus old. The old is characterized by the villagers which still continues doing their rituals and also it is characterized by the pathway (Nerdicity).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The new or modernity is characterized and depicted by the institution and the new headmasters who aimed for renewing almost all of the old staffs at the school (Nerdicity).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The institution, as depicted in the story as the explanation for the theme, tends the humanity of that generation to be liberated with regard to newer and or modern things (Nerdicity). They are also trying to liberate the villagers that the villager’s old beliefs and practices are wrong which includes the practice of their belief about the pathway (Nerdicity). Theme explanation   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The theme in the story is about Modern versus Old. It is said that Chinua Achebe came up to this theme based on how the new Nigerian thinks. The new Nigerian’s way of thinking explains their ideologies on beautifying gardens (Nerdicity).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In this theme as explained in the story, Michael Oli wanted a development at the institution abut the problem is; the villagers are a source of hindrance to his development plan for the school.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The theme is explaining how certain people wanted a more liberated and modernized society for a better living but still there are some who does not want to go with this modernization issue. They are contented following their old practices. The theme also explains how extinction of old practices including tradition and cultures because of the rapid development and its being imposed to the people.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The theme also explained that imposing new ideas to people who believes and appreciates old practices is a hard thing to do that will need your patience and understanding.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Imposing new is better for it will benefit a lot of aspects in life but it will be better if instead of making all things new, people can combine new and old instead that will be more effective for everyone as it won’t be a source for any conflict.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Example of new versus old is the modernity versus traditional.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   It conveys the lesson which states that traditions should not be changed into new ones and it should also be not ignored.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The theme is said to be effective for people to realize that old beliefs are said to be influential and important so it should not be disregarded. Traditions are somehow an alternatives in teaching morals, it is said to be much more influential because there are lessons that people can learn through this (Cindy). About the theme   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The author created the theme because he wanted people to be informed and to realize that endorsing such modernity over traditional matter in a bad approach will create a negative consequence (LLC).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Chinua Achebe wanted to impose that when a certain person intends and tries to block a certain essential aspect of that person’s existence, the act could create or lead into a negative reaction and consequences (LLC). This is depicted when Michael Obi blocked the path where it is part of the villager’s important ritual in respect for their ancestors whenever someone dies.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The theme was generally made for people to see the negative impact of modernity to traditional activities. The impact in the story depicted through the theme is explaining that in order to convince people to accept certain ideologies, the one who imposes should also possess the characteristics that others would respect (LLC). This characteristic is important in order for other existence to accept the ideologies that a certain person imposes (LLC). Universal truth   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Indeed, the story expresses universal truth because people can’t deny the fact that there are really some people at any part of the world that endorses betterment in certain people but does it in a negative approach. People would be insulted through this kind of approach that provokes them to start a misunderstanding and conflict to each other.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   An example of this is when a certain person preaches something according to his views and beliefs. If a certain person imposed his ideologies and forced people to believe by threatening their lives or their own beliefs, the act will cause into major conflicts.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   This statement is an example situation based on the theme of the story by Chinua Achebe.   Symbols used in the story   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In the story, there are a lot of instances that symbolizes the given theme. One of this is when Michael imposed the modernity by renewing almost all of the old professors in the school and changing them into new and younger ones (Classroom).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Michael could have imposed his aim of modernity through adding new teachers hence still allowing the old ones to perform their teaching in the school but he did the other way. Michael aimed to remove the villager’s right to practice their important rituals instead of respecting it (Classroom).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Michel did not respect the rituals and beliefs of the villagers hence he also disregarded what the priest advised him. Michael blocked the pathway to avoid the villagers from walking though it and he did it to prevent them from ruining the property (Classroom).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   By doing the certain act, Michael is said to have insulted the villager’s beliefs and ritual practice. He could have just let the villagers take that certain part and took another part to accomplish his project due to beautifying the school. Lastly is when Michael ignored what the villagers asked of him to be able to resolve the arising conflict. The villagers asked him to do a heavy sacrifice in order to conciliate his fault from the villager’s ancestors (Classroom).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   This is implying the disrespect to someone’s beliefs. Instead of following what they asked of him, he ignored the idea and continued on imposing what he wanted. Symbols   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The school ground as the pathway, this symbolizes the tradition and beliefs of the villagers. It is explained in the story that it is a part of the villager’s ritual to take that certain path whenever someone dies.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The blocking of the pathway; this symbolizes the unacceptance and disrespect of Michael as the main character. He disrespected the villager’s practices which they’ve done always. Conclusion   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The author came up to the theme by implying his view on respecting one’s beliefs and traditions. If a certain person wants his ideologies to be accepted, he should impose it in a kind manner.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   If a certain person wants to succeed imposing his ideas, he then should also respect other’s ideologies to prevent things from leading into conflicts and negative reactions.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The Author of the story in my opinion is aware that tradition might be forgotten because of the developments and liberations that the society imposes.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Achebe showed through his story about his respect to certain people’s beliefs even if it is not evidently true, thus it is everyone’s right to practice their cultural and traditional beliefs as long as it wont be a reason for other people’s oppression (Cindy).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   This is what the theme implies through the story Dead Man’s Path by Chinua Achebe. Works Cited Cindy. Dead Mans Path. 2007. Classroom, The Global. Dead Mens Path Chinua Achebe , 2006. LLC, Mega Essays. Chinua Achebe, Dead Mans Path. 2007. Nerdicity. Dead Mans Path. 2006.

Civil Enforcement Against Senior Bankers

Civil Enforcement Against Senior Bankers Civil enforcement against senior bankers for the financial failure of the institutions that employ them has been quiet in the United Kingdom before the global financial crisis in 2007. However, this unpleasant event that happened in the period between 2007 and 2009 directly displayed the weaknesses of senior management in the financial sector. Risk-taking management decisions, market misconduct and mis-selling practices are the common malpractices in the financial sector. Gradually, this problem which is caused by weak governance and misbehaviour has become more and more serious. There is a quote from an article stating this kind of problem as nothing so concentrates the mind as an urgent and complex problem.[1] However, generally, senior managers at financial institutions are typically incentivised in ways that lead them to underestimate risk-taking from the perspective of the firms other constituencies because they put the institutions profit in the first place. This can result in a failure to identify or fully appreciate in particular the correlation between low-probability risk and firm integrity.[2] Hence, it may not be best dealt with by enforcement against senior bankers.[3] As we know, a decision to be made equally for the best interest of the financial institution and the public is difficult. However, since weak governance appeared to be a problem for the fairness and transparency of the financial sector, it has to be addressed as soon as possible. Before determining whether the law is taking sufficient measures in addressing this senior management problem, we should first proceed to look at previous cases of the banks in the UK which failed in the global financial crisis. First and foremost, Northern Rock, which was a mortgage lender with a large market share, operated on a risky originate-to-distribute business model which relied on short-term money market funding to finance its extensive mortgage writing business. However, it went into trouble when the money markets dried up owing to subprime mortgage defaults in the United States. Then the Financial Services Authority (FSA) produced a report reflecting upon what went wrong at Northern Rock.[4] Certain doubts were voiced regarding the chairman of the board and the chief executive in terms of their competence and decisions made. However, neither individual has been subject to any individual liability under the law. Thus, this reflects that the law was not having a consolidate d structure to deal with individual liability in decision making. Next, the Royal Bank of Scotland teetered on the brink of failure in early 2009. It had been growing aggressively through large-scale acquisitions, such as of National Westminster Bank in the UK in 2000.[5] In May 2007, Fred Goodwin, who was the Chief Executive Officer of the Royal Bank of Scotland Group between 2001 and 2009, led the bank to acquire the Dutch bank ABN-AMRO, over-bidding for it in order to edge its rival Barclays out of the race.[6] The deal was completed deal quickly without adequate due diligence carried out on ABN-AMROs assets. This action was severely questioned by the media at that time.[7] By early 2009, the bank faced significant losses due to the absorption of losses from ABN-AMROs extensive securitised assets portfolio. This acquisition was proved not a good move. However, although the Financial Services Authority criticised the senior management for poor risk decisions and governance culture in its report on the Bank, no individual has been subject to any i ndividual liability under the law again.[8] In addition, Halifax Bank of Scotland, in fact, was a casualty of the global financial crisis because the crisis crystallised the failure of an already dangerous business model.[9] The bank had been underwriting corporate loans with poor due diligence and standards in order to pursue rapid growth and expansion. The Parliamentary Commission looked into the banking standards and criticised the chairman, the chief executive and a number of board members. However, only one individual, Peter Cummings, the director of the corporate finance division who led the business into writing enormous sums of bad corporate loans, was fined and disqualified by the Financial Services Authority.[10] No other individual has been subject to any individual liability. Hence, these previous cases show that the legal structure in this area was not competent to act as a deterrence and raise awareness of the senior bankers in making careful decisions in the best interest of the public. After the global financial crisis, several conduct scandals were revealed in the financial sector. Significant banks in the UK such as Barclays were fined in significant amounts for rigging the London Inter-bank Offered Rate.[11] The Financial Conduct Authority (FCA), together with other international regulators, also subjected a number of banks, including Barclays and RBS, to record fines over foreign exchange market-rigging.[12] The Salz Review[13], which revealed unhealthy sub-cultures in the large and complex structures at Barclays, also raised interesting questions. Question arises as to what extent senior management and the board should be responsible for the polluted banking culture as organisational pyramid shows the decisions are often made at the top.[14] The harms caused by malpractices in the banking sector are not only individual losses, but also damaging market confidence and integrity. Good corporate governance matters. It persuades, prompts and encourages institutions to preserve the honesty and integrity of key promises made to investors and the public.[15] In the aftermath of the global financial crisis, we can notice that many affected banks underwent senior management changes. In fact, the general consensus of all key reports is that the economy would have had stronger chances of survival had there been more professionalism among executives, better corporate governance structures and more ethical behaviour within the banking sector.[16] However, new management is unlikely to have significant effect on the current posed problem if the law is still lacking sufficient supervision in this area. In relation to this, Singapore, one of the world leading financial centres, recognises that a regulatory framework that is sound, strong and in line with the practices of leading jurisdictions is fundamental to achieving a thriving and liquid market.[17] We should now proceed to look at the development of the law in this area. In fact, the regulation of banking in the UK began with informal controls by the Bank of England and was eventually placed on a statutory basis by the Banking Act 1979. The following decades saw the passing of the Banking Act 1987 which increased the Bank of Englands regulatory and supervisory powers. As the UK did not have any special regime for dealing with banks in financial difficulties, a temporary Banking (Special Provisions) Act 2008 was passed to enable the resolution of problems. That Act was then replaced by the Banking Act 2009. After that, Financial Services Act 2010 was passed which amended Financial Services and Markets Act 2000 by strengthening the powers of the FSA and giving it a financial stability objective.[18] In July 2012, following a series of banking scandals culminating in the LIBOR findings, the UK instituted a Parliamentary Commission comprising both Houses to inquire into how banking culture could be changed for good.[19] The Parliamentary Commission was of the view that individual standards are key to enhancing banking culture and hence enhanced regulation of individuals must be introduced to change banking for good.[20] The Parliamentary Commission proposed enhanced regulatory liability for senior persons and employees performing any function that could harm the bank, as well as a special criminal liability regime for senior persons who have recklessly mismanaged a bank.[21] In relation to the above, the Financial Services (Banking Reform) Act 2013 has adopted many of the Parliamentary Commission recommendations. This Act has been lauded by the Treasury as the biggest reform to the UK banking sector in a generation, which will help to increase conduct standards among bankers.[22] This Act can be seen at the heart of system-focussed reforms designed to increase overall resilience of the UK financial system to future shocks and instability, as much as it can be seen in initiatives designed to strengthen the liability of individual actors operating within the overall financial system.[23] However, the Financial Services (Banking Reform) Act 2013 is also said to be a missed opportunity to increase the accountability of senior bankers for the financial failure of the institutions that employ them. In fact, individual liability is governed under Section 36 of the Act.[24] We can examine this issue by viewing it from two perspectives. We should first look at the express meaning and purpose which the Act wishes to carry out by its wordings. From the Act, we can see that Section 36 provides a jurisdiction to prosecute misconduct in the financial services sector. However, this jurisdiction is quite broad. This can be seen in Section 36(1)(a)(i) and (ii). It states that the senior manager either needs to have taken a decision or have agreed to the taking of a decision. Besides that, the senior manager has the duty to take steps he or she can in order to prevent such a decision being taken. The Parliamentary Commission on Banking Standards (PCBS) in its June 2013 final report concluded that mismanagement and failure of control lie at the heart of standards and culture in banking.[25] However, it seems that Section 36 is only intended to deal with the process of making reckless decision while managing the financial institution. Furthermore, the Act has a number of limitations. First, S stated in the Act must be a senior manager or an authorised person who is carrying out a senior management function, which is stated in S.19(2) of the Act.[26] In fact, many organisations have delegated authority now and so, this will narrow down the ambit of the offence. There is one problem in accessing this jurisdiction identified by the Commission is that managers of varying levels can communicate preferences that give rise to a risk without directing subordinate employees explicitly. For example, this was displayed in the London Interbank Offered Rate rigging scandal.[27] In relation to this, the law provides the provision where the senior bankers have the duty to take measures in order to prevent reckless decisions. Nevertheless, this 2013 Act still has its limitation to prosecute senior managers who are experienced and have become adept at encouraging reckless misconduct. Besides that, the Act states that S needs to be aware of a risk that the decision in question may cause the failure of the financial institution. This may be unfair to criminalise the actions of a decision-maker who did not appreciate or actually foresee a risk. The decision must actually bring the financial institution to the risk of failure, not only risk causing losses to the bank. In addition, there is no single definition of conduct risk available. There are different definitions in use, depending on the emphasis, the causes and the impact.[28] This will make the Act seem vague in this sense. The scope of the offence is limited further by the causation clause in Section 36 (1) (d) which states that the implementation of the decision causes the failure of the group institution. Failure in this context means is interpreted in three ways. First, the institution becomes insolvent. Second, any of the stabilisation options in Part 1 of the Banking Act 2009 is satisfied by the financial institution in question. Third, the financial institution is taken for the purposes of the Financial Services Compensation Scheme to be unable or likely unable to satisfy claims made against it. Practically speaking, it is very difficult to prove or to bring actions under the law. In the article titled Criminalising Bank Managers, Professors Julia Black and David Kershaw from the London School of Economics identified the difficulties faced by the drafters of the new legislation.[29] In fact, the law has to be broad enough to provide a solid deterrent to individual liability and also to satisfy public demand for accountability. However, it cannot be legislated too widely which would possibly allow senior bankers to benefit from the loopholes of the law. In fact, it can be said that the criminal sanction provided by the Act delivers an important message and acts as an alarming notice for the banking sector. Apart from that, question arises here as to whether the law achieves its purpose practically. The exact purpose of the law in this area is said to be difficult to be achieved practically. The practical problem of the Act is that Section 36 is seemed to be a legal framework on how the law and sanction will operate because the possibility of successful prosecution is quite remote. Indeed, the Commission stated in its final report that it would not be easy to secure convictions for the offence. However, the Commission felt that the provision should be created to give pause for thought to the senior officers of UK banks. There are two main reasons affecting the practicality of the law in this area. First, there is the matter of causation. In order to establish liability, the senior manager must cause or his decision results in the institutional failure. In other words, it has to be proved beyond reasonable doubt that the senior banker causes the failure of the financial institution. As we know, most of the business failures are often caused by a combination of factors. In any prosecution, as stated above, establishing that the decision of a senior manager cause the failure of a bank will be difficult. Financial institutions such as banks are often large organisations, and failure of the bank is not usually caused by only an individual, but a combination of different factors. Hence, it is quite difficult to prove that the bank failure was due to a specific decision by an individual, if not impossible.[30] In fact, the government argued that causing the banks failure should be interpreted as having significantly contributed to the failure during the Parliamentary debates on the b ill. However, this interpretation is unsupported by a plain reading of the Act. Hence, establishing causation in fact and in law successfully might be very difficult practically. Secondly, it also appears to be difficult that the senior manager is aware of the risk that the implementation of a decision may lead to bank failure as it is full of uncertainties in the financial sector. Besides that, the Act states that his or her conduct fell far below what could reasonably be expected of a person in their position. In fact, the doctrine of reasonableness can have different outcomes owing to different circumstances. For example, if there is an imminent bank failure, a senior manager is reasonably expected to take responsive but difficult decisions under pressure. This will cause proving the necessary mental element of the offence become very complicated. Besides that, misconduct or risk-taking decisions at one bank spreads across the sector, as the behaviour comes to be seen as the market norm and no bank wants to miss the extra earnings from the practices. Therefore, it is difficult to apply the reasonableness test on senior bankers since a lay person may not kn ow the actual reason behind certain decisions made in that position. The idea of how these situations will be decided can only become clear when it comes to the court. Apart from that, in determining a potential prosecution under this Act, investigations on the issues are likely to require a high degree of access to the financial institution records. This may appear to be a heavy burden for the financial institution in question. In the absence of sufficient evidence or information on what actually causes the banks failure, this will be a waste of time for the authorities and the financial institution. In addition, if the investigating authority wishes to investigate on every person involved in the senior management decision, this action requires a certain amount of time which might take months or even years. It would be even worse for a financial institution which does not have proper records of its major decisions. Besides that, it should be noted that not every decision is made at the general meeting. Therefore, an investigation may use up management time.[31] By looking at the nature of the Act, the new provision criminalises individuals actions by holding them responsible for having caused the banks failure. However, the process of decision-making in large financial institutions is usually a collaborative process with several inputs from various senior managers or people sitting at the top level of the institutional pyramid. As stated above, an investigation on this issue would possibly consume few months or years and this may disrupt the continuing management. In relation to the above, it shows that the laws must be clear and simple for people to follow. Laws that are overly vague or complex and technical do not encourage compliance as they are too difficult to interpret and comply with.[32] Practically, this new offence has its limitations in finding senior bankers liable for making risky decisions because risk-taking is the spirit of the financial sector. For example, in many capitalist societies, risk-taking is seen as a necessary part of business and it is hard to prove wrongdoing.[33] Therefore, this illustrates that Section 36 may seem to be a paper tiger which is enacted more for symbolic than actual punitive effect.[34] Apart from that, the law has another way of addressing senior bankers liability besides merely applying the 2013 Act. The Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) have published the final approach to improve individual accountability in the banking sector. The Senior Managers Regime will ensure that senior managers can be held accountable for any misconduct that falls within their areas of responsibilities, while the new Certification Regime and Conduct Rules aim to hold individuals working at all levels in banking to appropriate standards of conduct.[35] This has come into force on 7 March 2016. In fact, the new UK Senior Managers Regime (SMR) has the potential to rebalance these incentives. It is the product of a two year process led by a parliamentary commission tasked with addressing widespread misconduct at banks. The commission identified the lack of personal consequences for individuals as a root cause of repeated bad behaviour by institution s.[36] Under the SMR, an individual is guilty of misconduct if the regulators are able to show that there was a failure by a relevant authorized person in an area for which that individual senior manager was responsible.[37] Clearly, all centrepiece reforms of the Financial Services (Banking Reform) Act 2013 can be related to culture as it is currently understood by regulators: as a set of attitudes, values, goals and practices which together determine how a firm behaves à ¢Ã¢â€š ¬Ã‚ ¦[38]; and also by academic scholars: as the subsistence and transmission of behaviours and beliefs which characterise particular social or economic groupings within and beyond these groupings.[39] From the above, we can see that the Financial Services (Banking Reform) Act 2013 can be seemed to act as a reminder or notification for the senior bankers not to make extremely risky decisions. And by having this legislation, senior bankers and those who are responsible for making decisions would be more cautious in future decision making. However, practically speaking, it is difficult to be accessed as the financial or banking sector are full of uncertainties. No one can foresee the potential risk hidden in every decision made a nd no one should be blamed if the decision is made in the best interest of the institution. In short, a powerful mechanism to promote desired behaviour is to ensure that senior managers of the banks and their counterparties are aware of the possibility of the systemic implications of their actions such as aware of the possibility of their failure, and therefore the need to be concerned about that risk.[40] Banks safety and soundness are key to financial stability, and the manner in which they conduct their business is central to economic health. Governance weaknesses at banks, especially but not exclusively, those which play a significant role in the financial system, can result in the transmission of problems across the banking sector and into economies in outlying jurisdictions. Thus, effective and sensible corporate governance is critical to the proper functioning of the banking sector and the global economy.[41] In conclusion, the presence of this new offence may be seemed as a political tool to comfort the public after the global financial crisis which has no real and practical impact on individual liability. However, this Act will anyhow act as a general framework for senior bankers in their financial institutions to re-examine their decision making processes and to ensure that they comply with the highest standards of transparency. Someone may argue that strict rules or legislation might stop attracting talents into the financial sector. However, if they are not prepared to be bound by the legislation, they are clearly not the people who can bring huge impact to the financial sector and consequently the national economy. BIBLIOGRAPHY Books Ellinger E. P., Lomnicka E and Hare C. V. M, Ellingers Modern Banking Law (5th edn, OUP, Oxford 2011) Articles A Minto, Misconduct in banks: approaching the issue from a systemic perspective (2016). A Salz, The Salz Review: An Independent Review of Barclays Business Practices (2013). D Arsalidou and M Kambria-Kapardis, Weak corporate governance can lead to a countrys financial catastrophe: the case of Cyprus (2015). F. Hilmer, Strictly Boardroom: Improving Governance to Enhance Company Performance (1993). FCA, FCA publishes final rules to make those in the banking sector more accountable (2015). Financial Stability Board, Peer Review Report on Risk Governance (2013). FSA, Final Notice against Peter Cummings (2012). FSA, The Failure of the Royal Bank of Scotland: Financial Services Authority Board Report (2011). FSA Board, The Failure of the Royal Bank of Scotland (2011), para.581. FSA Internal Audit Division, The Supervision of Northern Rock: A Lessons Learned Review (2008). G Wilson and S Wilson, Banking and regulation post-crisis: the significance of culture in the UK and experiences from Australia (2016). Hall and du Gay (eds), Questions of Cultural Identity (1996); and Williams, Culture and Society: 1780-1950 (2013). House of Lords and House of Commons, Changing Banking for Good (12 June2013), Vol.I, para.116 House of Lords and House of Commons, Changing Banking for Good (12 June 2013), Vol.II, paras 632-634 House of Lords and House of Commons Parliamentary Commission on Banking Standards, An Accident Waiting to Happen: The Failure of HBOS (2013). Iris H.-Y. Chiu, Regulatory duties for directors in the financial services sector and directors duties in company law: bifurcation and interfaces (2016). J Black and D Kershaw, Criminalising Bank Managers (2013). J. Gapper, Trading Floor Culture no longer Acceptable (2012). J Stainsby and K Anderson, Making individuals accountable: new regulatory frameworks for banking and for insurers (2015). L.A. Bebchuk, A Cohen and H Spamann, The Wages of Failure: Executive Compensation at Bear Stearns and Lehman 2000-2008 (2010). M S. Kenney, A D. Moglia and A Stein, Fraudsters at the gate: how corporate leaders confront and defeat institutional fraud: Part 1 (2016). Parliamentary Commission on Banking Standards, Changing Banking for Good (2013). Singapore Parliamentary Debates, Securities and Futures Bill (5 October 2001) Vol.73, cols 2127-2128. T Hallett, Symbolic Power and Organizational Culture (2003). V. K. Rajah SC, Prosecution of financial crimes and its relationship to a culture of compliance (2016). Official Published Sources J. Macey, Corporate Governance: Promises Kept, Promises Broken (Princeton University Press, Princeton, NJ 2008). Electronic Sources BBC News, NatWest Takeover Battle accessed 26 March 2017. BBC News, RBS Secures Takeover of ABN Amro accessed 26 March 2017. The Independent, Was ABN the worst takeover deal ever? accessed 26 March 2017 C Coltart, Banking act is a paper tiger, The Law Society Gazette accessed 26 March 2017. D Gilroy, Banking Reform Act 2013, a good idea with poor implementation accessed 27 March 2017. L Hodges, Jail bankers for failure? The new criminal offence is an unworkable paper tiger accessed 27 March 2017. Norton Rose Fulbright, Criminal liability for senior bankers accessed 27 March 2017. R Burger and M Bonnell, Individual Accountability in Banking and Finance

The Principle Of Common But Differentiated Responsibilities Politics Essay

The Principle Of Common But Differentiated Responsibilities Politics Essay Introduction The assertion that climate change is anthropogenic and poses a serious threat to humanity is considered a valid argument by many schools of thought. This argument presents a platform for continual dialogue and negotiations between nations, supported with actions towards mitigating climate change and its threats. Resulting from several negotiations, which are not without controversy, are agreements, plans and policies such as the Kyoto Protocol, the Montreal Action Plan, the Rio Declaration and the Bali Road Map etc. all fashioned to ensure collective and wide participation amongst states in addressing climate change. Also, as part of global efforts, the Intergovernmental Panel on Climate Change (IPCC), established by the United Nations (UN), is assigned the task of generating guidelines and reports and also assessing the effects of climate change and the adequacy of response measures (Svensson, 2008). In addition, the United Nations Framework Convention on Climate Change (UNFCCC) is adopted by many states in order to prevent this negative change by mainly minimising the amount of greenhouse gas (GHG) emission into the atmosphere (Svensson, 2008; Ringius et al., 2002). However, concerns have been raised about the efficacy and feasibility of some of these agreements, plans and frameworks as measures for controlling and managing climate change (Monbiot, 2006; Pinguelli-Rosa and Munasinghe, 2002; Hardy, 2003). These concerns call for unbiased reviews of climate change mitigation measures and the principles behind them within different framings of the problem. In this paper, I discuss a key principle behind climate change mitigation measures. I weigh the value of equity in climate change mitigation and identify the advantages and disadvantages of adopting the principle of common but differentiated responsibility (CBDR). In conclusion, I make a case for introducing viable principles as measures for tackling climate change. EQUITY IN CLIMATE CHANGE Climate change can be framed as a single or combination of issues such as ethical, political, historical, scientific, security and health issues etc (Randall, 2010). However, one can argue that although the universal perception of the magnitude of climate change is hinged mainly on scientific claims and evidence, this perception is broadened within the other issues or framings mentioned. Principles and mechanisms to control climate change are proposed, developed and implemented at local and international scales around these framings (Randall, 2010). Nonetheless, one consequential factor underlying these scales and framings is inequity (Pinguelli-Rosa and Munasinghe, 2002). Incidentally, equity is arguably the starting point of the discourse on climate change mitigation (Barkham, 1995). It forms the crux and as well constitutes the bane of many debates and negotiations on climate change (Ashton and Wang, 2003). Yet, Pinguelli-Rosa and Munasinghe (2002) contend that equity is not adequ ately addressed in key agreements and documents relating climate change. Contrary to this claim, Ashton and Wang (2003) argue that equity permeates UN negotiations and agreements on climate change. Equitable participation is to a large extent dependent on the understanding of the challenges posed by climate change (Skea and Green, 1997). On these premises, I argue that the explicit understanding of equity in the context of climate change at a local or international scale sets the stage for fairness in dealing with climate change problems. Notwithstanding, it is important to mention that it is difficult to reach a consensus on equity since it is reliant on different philosophical beliefs and notions (Ikeme, 2003). While it can be argued that climate change is a common problem, it also fair to recognise that responsibilities and impacts vary (Harris, 1999; Ashton and Wang, 2003). Consequently, differences and disagreements emerge. The phrase, unfair advantage in climate change negotiations, questions the practicability of equity and the comprehension of the common and differential nature of this global challenge. This undermines efforts to obtain viable solutions (Skea and Green, 1997). The mere recognition of inequity or equity may be considered a reasonable act of justice and key to solving the climate change problem. Thus, I put forward that the acceptance of equity as an integral component of negotiations opens up rather chaotic but pertinent twists in the climate change debate which on one hand can promote the efforts towards mitigating climate change and on the other hand serve as a conundrum against solutions. To explore these arguments and make a case for viable climate change solutions, the principle of common but differentiated responsibilities (CBDR) as a tool for negotiating climate change solutions is defined and dissected at an international scale. This principle is equity-based and has been applied in key climate change negotiations (Ikeme, 2003; Okereke, 2008; Matsui, 2004; Ashton J. and Wang X., 2005). Principle 7 of the Rio Declaration, 1992 Common but differentiated responsibility (CBDR) The application of this principle in the climate change saga has its origin from the UNFCCC Rio Earth summit of 1992 (Harris, 1999; Ashton and Wang, 2003; Matsui, 2004). It is regarded as the key principle in addressing the problem of GHG emissions in the Kyoto protocol (Matsui, 2004; Harris, 1999). The principle of CBDR is established on the grounds of equity and fairness and demands more responsibility from developed countries in a global participation towards seeking climate change solutions (Harris, 1999; Ashton and Wang, 2003; Matsui, 2004). The principle states that: States shall cooperate in a spirit of global partnership to conserve, protect and restore the health and integrity of the Earths ecosystem. In view of the different contributions to global environmental degradation, States have common but differentiated responsibilities. The developed countries acknowledge the responsibility that they bear in the international pursuit of sustainable development in view of the pressures their societies place on the global environment and of the technologies and financial resources they command. (Source: United Nations Environment Programme, UNEP, www.unep.org) This principle has come under close scrutiny and criticism in the climate change mitigation debate. Both the developing and developed states remain sceptical about this principle (French, 2000; Okereke, 2008). Why the principle of CBDR? Given the complexity of issues and arguments arising from climate change debates, one can only wonder how decisions can be regarded as fair and equitable (Ashton and Wang, 2003; Carzola and Toman, 2000). And if they are regarded as such how can their efficiency be measured? Outlining the reasons behind the application of this principle in this discourse sets the stage for a thorough analysis of its strengths and weaknesses. These reasons are: To distinguish between the contributions of the developed and developing states in the emission of GHG and subsequently determine their contributions in remedying the problem (Weisslitz, 2002; Pinguelli-Rosa and Munasinghe, 2002). To ensure financial aid and clean technology transfer to the developing states as a measure of mitigating climate change (Ashton and Wang, 2003; Shah, 2009). To provide a philosophical and legal support for achieving the objectives of key international agreements such as the Kyoto protocol etc. [note: this principle is not a legal obligation] (McManus, 2009; Rajamani, 2000). Identification and analysis of the strengths and weaknesses of the Principle of CBDR as a solution to climate change In relating CBDR to answering the following questions: who should accept responsibility for climate change? and on what basis should responsibilities be assigned, one can explore the pros and cons of this principle within different framings. The ambiguous nature of this principle in global climate change negotiations warrants answering these questions at an international scale. Livermann (2008) reinforces this assertion by pointing out that the challenge of the blame game in assigning responsibilities to states is controlled under negotiations driven by the principle of CBDR. Nevertheless, she concedes that there controversies in applying this principle. Strengths First, from a historical framing, it is difficult to reconcile the contribution of different polluters on an international scale over a long period of time (Caney, 2005). Attributing emissions directly to a country (from which the emission emanate) is impractical largely because GHG get completely mixed up in the atmosphere, which fundamentally has no boundary (Pinguelli-Rosa and Munasinghe, 2002). On this basis, the principle identifies a common responsibility (Pinguelli-Rosa and Munasinghe, 2002) for all states. This common responsibility is intrinsic in climate change negotiations and forms the fulcrum of viable agreements. During the era of massive global industrialisation, a lot GHG were released into the atmosphere (Stern, 2006; Pinguelli-Rosa and Munasinghe, 2002; Hardy, 2003). But the impact of distribution of these GHG is irrespective of who is responsible (Ikeme, 2003). The need for historical accountability became obvious during climate change negotiations (Neumayer, 2000). In this regard, the CBDR recognises that there are historical differences in emissions between the developing and the developed states and between developed states (Hepburn and Ahmad, 2005). In the words of Ikeme (2003, pp 7), bygones are not bygones. On this note one can argue that this principle is progressive in an intergenerational context. It considers how the emissions of the past can affect the future. It also establishes a moral and ethical basis for environmental justice which cannot be legally guaranteed (Kamminga, 2008; Ikeme, 2003). There are strong indications that climate change has an impact on the worlds economy (Stern, 2006). Similarly, the worlds economy has a hand in climate change. The economic boom which accompanied the industrialisation of the developed states arguably played a major role in aggravating climate change, leaving developing states and future generations at more peril to its effects (Barker, 2008; Stern 2006). This peril is more obvious due to the economic gap between these states. The CDBR is applied to this effect to bridge the economic gap between states, even though its application remains contentious (Najam et al., 2003; Ramajani, 2000). In the Kyoto protocol, economic based mechanisms adopted to mitigate climate change show the global proposition for shared responsibility (Halvorssen, 2007; Vashist, 2009). The CBDR is clearly one principle behind economic agreements of shared responsibility in the Kyoto protocol (Harris, 1999; Vashist, 2009). Thus CBDR is formulated to meet economic needs of states while tackling climate change. The CBDR also saves developing states the cost of engaging in stringent carbon cut regulations, thereby indirectly helping to build their economies in order to close the gap with the developed states. Through the Clean Development Mechanism (CDM) of the Kyoto protocol, this principle arguably enhances the investment in clean technology globally, promoting ecological modernisation in the process. More so, CBDR facilitates the need for developed states to provide technological and financial assistance to the developing states for combating climate change (Scarpace, unknown). Developed states get credits under the CDM for avoiding emissions. Though, McManus (2009) argues that through the CDM, developing states meet sustainable development targets, I remain sceptical about this claim since the developing states remain at the core of disagreements in negotiations. I argue my case in the next section. Matsui (2004) and Harris (1999) suggest that the CBDR encourages the developing states to participate in climate change negotiations by pressurizing the developed states to bear the greater responsibility in the interim. However, there is need to back up this encouragement with actions. It seems encouragement is not enough judging from the GHG emission levels of countries like Brazil, China and India. While these countries are not committed to reducing their emissions now, I suggest this principle serves as legacy to ensure their future compliance and commitment in climate change mitigation initiatives, especially as they are at the forefront of pressing the developed states to comply with the Kyoto agreements. When aligned with neoliberal economic ideas and structures, the CBDR is usually successful (Okereke, 2008, pp 26). I argue that these ideas and structures are entwined in some of the mechanisms of the Kyoto protocol which encourage private participation in climate change mitigation such as the CDM. The introduction of equity based norms such as CBDR in approaching global environmental issues such as climate change shows the consideration of justice and equity in facing the challenge (Okereke, 2008). Weaknesses On the contrary, the interpretation of the principle of CBDR sparks controversy in the allocation of historical responsibility to states. Liverman (2000) argues that this favours the developed states. She also points out that while developing states have low emissions with high vulnerability; developed states have high emissions with low vulnerability. Hence, the basic interpretation of this principle is devoid of issues on vulnerability which is a big problem. Thus, one can infer that this principle is fundamentally constructivist and to a large extent uncaring about the issue of vulnerability of some states to climate change. By virtue of this assertion, there is no firm commitment by developed states to aid countries such as Bangladesh and the Maldives which are more vulnerable to the rise in sea levels. The case of vulnerability is can be appreciated more from a health perspective. The emergence of many diseases is now attributed to the increasing global temperatures (Patz et al. , 2007) and now climate change is seen as a threat to global human health (Cambell-Lendrum et al., 2007). It is also considered the largest health inequity of our time (Patz et at., 2007 pp.397). There is a notable asymmetry in vulnerability to diseases between the developed and developing states in favour of the developed states (Hardy, 2003, Patz et al., 2007, Cambell-Lendrum et al., 2007). The CBDR alignment with the aftermath of GHG emissions is myopic. This principle is not modelled to advance sustainable development in the developing states. (Scarpace, Unknown). The exportation of unclean technology by developed states to developing states for financial benefits is contrary to the objective of sustainable development. Many heavy polluting multinational industries now establish their plants in developing states where there are no stringent emission regulations. By virtue of the CBDR, the weight of responsibility on developing countries to voluntarily cut GHG emissions is insignificant (Scarpace, unknown). Though, some schools of thought will argue that setting targets for developing states will limit their growth and possibly widen the economic gap which the principle aims to narrow (Pinguelli-Rosa and Munasinghe, 2002), I maintain that there should be some sort of commitment from developed nations based on this principle or a reviewed principle because climate change still remains a common problem. A scenario where some states with historically insignificant emissions but are now are big emitters with strong economic capabilities, is not adequately depicted in the CBDR. Due to their economic capacities some of these developing states can fully participate in reduction of GHG. Under the guise of the principle, these states like China do so little to solve the problem (Scarpace, Unknown). The ambiguity of this principle questions the level at which the principle should be adopted. Caney (2005) suggests that this principle may fit international interests but neglects lower level interest such as local national interests and individual interests. Finally, Matsui (2004) argues the CBDR has a propensity for what he calls double standard or what Okereke (2008) refers to as responsibility deficit where the willingness to act responsibly is superseded by cost-benefits. This contention is made worse on the grounds that the CBDR principle is not legally binding, irrespective of the fact that the Kyoto protocol was signed into law (Matsui, 2004; French, 2000). Also, the pressing economic needs of states may result in limited devotion of resources necessary for global solutions to climate change (French, 2000). There is also a sense of caution and competition amongst the developed countries such that they want to avoid any condition that may result in unfair economic advantage (Green and Skea, 1997, pp 3). More so, Okereke (2008) asserts that the nature of the CBDR could result in hegemony; where developed nations in a bid to maintain their economic and world dominance, project an air of interest, claiming leadership in moral and int ellectual discourses in climate change. Discussion Only agreements considered by all parties as equitable are likely to promote action and facilitate climate change mitigation (Ashton J. and Wang X., 2003). Such agreements must be built on the tenets of equity and driven by a singular objective stop climate change if we can. Though the implementation of CBDR is wrought with several controversies, parties to climate change debates and negotiations must recognise that it is not an utopian principle. Concessions need to be made on ethical grounds if climate change is really considered a big threat to humanity. The CBDR is one important principle for tackling climate change equitably. Sceptics and critics have to realise that agreeing on a new principle to replace or back-up CBDR may take several years, yet more claims of inequity may arise. The Polluter pay principle has a more direct approach to addressing emission issues. It could easily be drafted into law. However, it may undermine the economic gap between states (Caney, 2005). It focuses mainly finance and economics to the detriment of physical and environmental outcomes of climate change. Without a strong historical basis, this polluter pay principle cannot be viable at any level in tackling climate change. However, there are arguments by Shue and Neumayer in Caney (2005) canvassing for individualist approach for accounting for historical deficits in adopting this principle. In my opinion, to make the CBDR more practicable and fit to meet the especially the challenge vulnerability in climate change, a consequentialist dynamic approach is needed. This approach shall integrate measures to assess the risk of climate change in different regions of the world and it shall be carried out continuously at different times. Global efforts will subsequently concentrate of the most vulnerable areas. This approach will not require changing the wordings of principle 7. However, it will need a firm legal backing to ensure its implementation. Conclusion The post Kyoto negotiations will take off in 2012 and Kamminga (2007) points out that improving the Kyoto protocol is a major concern. The CBDR still remains the most potent principle to bring all states to the round table for fair negotiations. Sacrifices must be made to mitigate climate change and the big polluters, especially the US, need to establish their sovereignty in the new negotiations. Doubting the evidence of climate change is one thing, but refusal to act reasonably negates the essence of the precautionary principle. Environmental and Political egalitarianism need reflect in the outcome of the 2012 negotiations. States need to ask, What is morally right to do in this situation? If the talk about globalization is anything real, then we must all learn to be our brothers keepers. The big states seem to prioritise economic gains in climate change mitigation while the small states are bent on playing the blame game. However, these states need to realise that the CBDR is still a potent tool with which to achieve collective viable climate change solutions.

Documenting Electronic Sources :: mla documenting

Documenting Electronic Sources Your research for English Literature will likely include looking for online sources. If you find potential sources online, you will probably find that they vary widely in quality, in currency, and in reliability. You should limit yourself to only those sources that show evidence of carrying authority. Does the site identify authors and provide their credentials? Does the site offer documentation so that readers can substantiate information? Does the site avoid seeming to offer political propaganda? Is it free of advertising, commercial or political? Is the site up-to-date? By asking such questions, you can avoid selecting sources which will undermine your own credibility. Specifically, your research assignment for English 111 requires you (unless your instructor grants you exceptional permission) to limit yourself to online sources of two types: 1. articles in online periodicals (journals and magazines actually published on the World Wide Web), and 2. periodical articles available through electronic databases such as ProQuest. The instructions below explain how you can find such sources and how you should include them in your list of "Works Cited." Articles in Online Periodicals Suppose, for example, you are writing a paper on Shakespeare's play The Taming of the Shrew. You might begin your online search by using Netscape to do an Internet search. (Using Netscape, you pull down the "Directory" menu and click on "Internet Search" to reach a search engine.) Then you would type in keywords such as these: Petruchio, Taming, Shrew. Among the many potential sources your search produced, you would find the two listed below, one an article in a scholarly journal, the other an article in a magazine. Both fit into category #1 above of the types of online sources you may use. Each is given here in the MLA form you would use should you end up including it in your list of "Works Cited." Heaney, Peter F. "Petruchio's Horse: Equine and Household Mismanagement in The Taming of the Shrew." Early Modern Literary Studies 4.1 (1998): 12 pars. 3 Feb. 1999 <http://purl.oclc.org/emls/04-1/heanshak.html>. Kerrigan, William W. "The Case for Bardolatry: Harold Bloom Rescues Shakespeare from the Critics." Lingua Franca Nov. 1998. 3 Feb. 1999 <http://sevenbridgespress.com/lf/9811/kerrigan.html>. Full-Text Articles Available through Database In order to locate sources fitting into category #2 above (periodical articles available through an electronic database), you would again begin with Netscape. By typing "voyager.

General Ulysses S. Grant :: essays research papers

Not long after fighting had begun in the Civil War, Ulysses S. Grant went back into battle and enlisted in the army. Grant was a great military leader. He combined tactics that were taught to him at West Point with his own knowledge and with what he picked up on from the Mexican War, where he was under the command of Zachary Taylor and Winfield Scott. Grant proved his leadership and strategy when he captured Fort Donelson in Tennessee. This was the first major victory for the Union. This was where Grant said a famous line when the confederate general Simon B. Buckner requested an armistice. General Grant’s answer to this was â€Å"Yours of this date proposing Armistice, and appointment of Commissioners, to settle terms of Capitulation is just received. No terms except an unconditional and immediate surrender can be accepted. I propose to move immediately upon your works.† This is where he gets his nickname Unconditional Surrender Grant. And as a result of this victory, Grant is promoted to Major General. Another important victory for Grant was his victory at Vicksburg. This battle was the deciding factor for the Union taking control of the Mississippi River, which would cut the Confederacy in half. Grant had succeeded in starving out the Confederates in order to capture the city. Grant demanded unconditional surrender from the Confederate commander, Simon Bolivar Buckner. This along with the victory at Gettysburg marks the turning point of the war. Not to long after this, Grant is promoted to Lieutenant General, giving him complete power over all armies. This is when Grant launches his new campaign of Total war, where he is not only at war with the Confederate soldiers, but also with civilians who are helping out the Confederates. He sends General Sherman on his famous march to the sea, where Sherman and his troops burn everything in their path. While this was going on, Grant was attacking Lee’s army, just battle after battle, because Lee had no reserves to replace men who have died, but the Union had many civilians in their reserve.

Fine Arts Classes Are Necessary Essay examples -- Persuasive Essay

Fine arts classes benefit students and schools alike. Fine arts are needed courses, not just as electives but as core classes that promote learning and creativity in the lives of students. There are three different styles of learning: auditory, visual, and kinesthetic. Fine art provides an avenue for all of these learning styles to be utilized during one class period; therefore, all students are able to understand and benefit from the curriculum. In a normal academic setting all types of learning may not be used, so a percentage of the classroom will not understand the lessons as well as it could have if it had arts incorporated into the class. It may seem impossible to include arts into an academic setting, but it is possible, effective, and fun. According to Barry Oreck, it has been proven that students learning molecular bonding through a dance had a more proficient understanding of the concept. He states, â€Å"We have found that if you learn something through a theater game, you can still answer a test question† (new horizons Dickerson 3). This statement proves that arts are extremely important and beneficial. With fine arts, students have a safe environment to express themselves, a motivation to stay in school, and higher test scores. The fact that fine arts are needed is evident, but will schools respond or live in denial? The arts provide a safe environment for students to express themselves without the worry of ridicule. These kids should have the opportunity to participate in multiple fine arts activities as a way to communicate their feelings in a healthy atmosphere (Weber). Green Lake Elementary School believes its students â€Å"acquire a positive learning attitude for a lifetime, celebrate the uniqueness of... ...rts into schools is not as hard as it seems. Including arts in the class room is a simple as playing music. It is proven that just listening to music or even a simple rhythm will engage both sides of the brain and help it to learn more efficiently (Weber 1). Even though this country is in an economic recession, fine arts are a necessity to the schools. The arts may cost a little extra money, but in the end the benefits of keeping fine arts in the school system will bring about rewards never imagined. The students will have a safe place to express themselves, a motivation to stay in school, and a higher test score. Fine arts are evidently needed; so now, what will people do to make sure that the arts have a permanent place in the schools? Will people realize the difference the arts make and change their ways, or will the voice of fine arts dwindle and die?