Wednesday, November 27, 2019
Jean
Jean Jean-franà §ois Lyotard andRichard M . Rorty Essay â€Å"There are no hard distinctions between what is real and what is unreal, nor between what is true and what is false. A thing is not necessarily either true or false; it can be both true and false.†― Harold Pinter Knowledge is and will be produced in order to be sold, it is and will be consumed in order to be valorised in a new production: in both cases, the goal is exchange. Jean-Francois Lyotard The most thought-provoking thing in our thought-provoking time is that we are still not thinking. Martin Heidegger There is nothing deep down inside us except what we have put there ourselves. Richard Rorty The difference between people and ideas is... only superficial. Richard Rorty â€Å"My sense of the holy is bound up with the hope that some day my remote descendants will live in a global civilization in which love is pretty much the only law.†― Richard M. Rorty â€Å"What makes us moral beings is that...there are some acts we believe we ought to die rather than commit...But now suppose that one has in fact done one of the things one could not have imagined doing, and finds that one is still alive. At that point, one's choices are suicide, a life of bottomless self-disgust, and an attempt to live so as never to do such a thing again. Dewey recommends the third choice.†― Richard M. Rorty I shall call modern the art which devotes it little technical expertise †¦ to present the fact that the unpresentable exists. Lyotard, Jean-Franà §ois. A self does not amount to much, but no self is an island; each exists in a
Saturday, November 23, 2019
Why Nursing is a Popular Option for Career Changers
Why Nursing is a Popular Option for Career Changers Choosing a career is a momentous decision - one which holds the potential to lead to a lifetime of satisfaction †¦ .or misery. Not everyone gets it right the first time. Most recently, a trend is arising in which an increasing number of people in their 30s, 40s and 50s are pursuing second careers in nursing. Let’s take a closer look at this phenomenon. Supply and DemandThe nationwide demand for RNs is set to undergo a 21 percent increase by 2025, according to a December 2014 report from the U.S. Department of Health and Human Services’ National Center for Health Workforce Analysis. These numbers fail to factor in emerging care delivery models which will see nurses in new preventative care and care coordination roles thereby further increasing demand. The demand for LPNs is also projected to increase at a rate of 36 percent.While the country is recovering from the recession and in the process of bouncing back, many people remain scarred by layoffs, cutbacks, and ot her threats to job security. The anticipated demand for nursing removes this fear from the equation, and instead promises a secure future.And while registered nurses may not bring home the same high paychecks as doctors, they do make a comfortable income: a median pay of $65,470 per year, according to the Bureau of Labor Statistics.The Fast Track to a New CareerWhile switching to a new career can take years in some professions, many nursing programs off a â€Å"fast track†which can be completed in as little as 12 months for college graduates. While most people don’t have the time or financial resources to invest in a long, drawn-out period of training, nursing offers a great career with minimal investment.The Chance to Make a DifferenceMany people enter first careers motivated by money and prestige. However, as people age, their priorities change. This is particularly true for those who may have experienced their own personal health issues, or witnessed a loved one go ing through a health catastrophe.In many cases, nurses are the primary point of contact for patients and families, and can make or break the quality of care. Because of their tremendous impact, many new, aspiring nurses are inspired to become nurses themselves.And while nurses may not have the prestige of their fellow doctors, they have something perhaps even more important: the trust of their patients. According to a recent Gallup poll, nurses received the highest ratings for honesty and ethical standards, surpassing medical doctors, police officers, and even members of the clergy.While changing careers can be an immobilizing decision - how do you know if you’re making the right choice? - it can also be an invaluable â€Å"second act,†for many American workers. At any age or stage of your career, following your calling into nursing can have innumerable benefits†¦both for you and the patients you serve.
Thursday, November 21, 2019
EVENTS MANAGEMENT Essay Example | Topics and Well Written Essays - 3000 words
EVENTS MANAGEMENT - Essay Example Nevertheless, the 1984 Los Angeles Olympics changed the economics of major sports events. These games made a surplus of 215 million. The financial success of the Los Angeles Olympics changed the way cities and governments regarded the hosting of major sports events. Partly as a result of this, but also because there developed a greater understanding of the broader economic benefits to a city and country that could result from the staging of a major sports event, cities started to compete fiercely to host major World and European championships across a wide range of sports. This article mainly reports the certainties that events can have a positive impact on the economy and community of the host city or country. Several extents are based on actual findings from studies of hosting countries of major events in order to thoroughly support the events' impact. The appeal of events, more so with major events such as the Olympic Games, is their ability to attract those whose viewing is light and never entails sport. Sports Business illustrates that families with an income of at least $60,000 were 41 per cent more likely to watch the Atlanta Games, i.e. those families with a higher expendable income, which is precisely why sponsoring companies are prepared to invest large sums of money in the event (no. 4). As compared to 1995, Adidas experienced a 56 per cent rise in profits in 1996, the year of Atlanta Olympics. As a sponsoring company they were fortunate to have more than 200 Olympic medals won by Adidas-equipped athletes (Sports Business, no. 4). It is consequently clear that it is in the interests of these sponsoring companies that their particular athletes arrive on time and that there preparation is not disrupted. Major events have enormous value to cities, countries, athletes and sponsors alike. Numerous studies supported the economic impact of events around the world (Yardley et al., 1990; Frisby and Getz, 1988; Mules and Faulkner, 1996; Crompton, 1995; Turco and Kelsy, 1992; Dobson, Holliday and Gratton, 1997). Delivering the right product is important and often ultimately upon which the event is judged. The media will judge the event in terms of an increase in sales or viewing/ listening figures. Sponsors examine the event in the light of the increase in sales before, during, and immediately after the period of the event, while the civic leaders will attempt to appraise the event in terms of the increased exposure of their city as a result of the event and the subsequent economic impact associated with the influx of visitors before, during and after the event (Elvin and Emery, 1997). It is essential for cities and countries to get the organisation right for the reason that people have a tendency to remember the things that go wrong. Due to the high profile of the Olympics (Atlanta having a gross audience of 19.6 billion viewers [Sports Business, no. 4]), any undesirable publicity has an immediate and enormous impact throughout the world. Impact of Major Events on the Economy of the Host Country In the 1980s, the study of hallmark events or mega-events became a significant area of the tourism and leisure literature. The economic benefits of such events have been the main focus of such literature, even though broader based multidisciplinary approaches have been suggested (Hall, 1992; Getz, 1991). Within the area of mega-events, sports events have
Wednesday, November 20, 2019
20th Century ART Essay Example | Topics and Well Written Essays - 500 words
20th Century ART - Essay Example Picasso had several friends most of them journalists and artists. Max Jacob was a poet and a friend of Picasso; he helped Picasso learn literature and language. They shared a room, which is similar to my personal experience. As a student because of the inability to afford an apartment, I shared my room with a friend. The shared room was disorganized because of the working on shifts. Picasso worked at night while Max Jacob operates during the day (Hopkins). The artist was not outgoing because of his personal experience during his childhood. However, it is evident that his relationship with women was complex because he had several lovers. The dressing used by the artist was casual and he loved hats as part of his accessory to his dressing style. The film employs the use of films paradox to develop the different angles on the life of Picasso, which include the successful life as an artist, and the social life as a playboy. His passion for women was similar to his passion for painting. This behavior is covered significantly in the play by addressing his sex life, in the light of his artistic success. The failure of his marriage also depicts the passion for women and unfaithfulness. However, the film does not capture the role of the artists in social movements and agitation. Apart from the success of Picasso in the use of art, he employed the use of art in the depicting of his displeasure of the Vietnam War. International peace organizations among other organizations have managed to use art in portraying of the message to the society leading to the massive societal changes witnessed over time. Picasso’s works of art involved weaving themes of conflict, doom, transcendence, redemption reflected on the canvas. When expose d to the society, it gives the impression or reflects on the situation existing in the society. During one of his painting sessions in the studio, Picasso compared women with wild cats because of their passion to
Sunday, November 17, 2019
Role of the International Court and Tribunals in Relation to Armed Conflict Essay Example for Free
Role of the International Court and Tribunals in Relation to Armed Conflict Essay Introduction            The volatility and persistence of armed conflicts around the world has caused the convention amongst states which aims to lessen the harm that it brought forth. The research then aimed to identify the international laws and conventions that were created in order to lessen the evils of armed conflicts. In addition, the research aimed to identify the international court and tribunals that were created in response to the said conventions and laws. A few number of cases were also presented in order to understand more the applications of international laws and consequently the workings of the international court. The research will be identifying how these laws and courts are able to protect the rights of soldiers, prisoners of wars and civilians. Background of the Study Factors Leading to Conflict            The historian AJP Taylor has described that wars are very much volatile as there are no standard systems in order to predict how one will occur. [1] Corollary with this, various psychologists have significantly related human nature in terms on the frequency of armed conflict. EFM Durban and John Bowlby have argued that man is inherently violent. Such a claim is in accordance with Hobbe’s claim that on the state of nature man is in the state of war; hence claiming that man basically has the thirst for power and dominance, while consequently actualizing such in a violent manner. Durban and Bowlby claimed that although such a violence that man experiences is repressed in a conventional society, the creation of an outlet in order to occasionally express such a violent nature is inevitable. This argument could be significantly related on how certain individuals such as for instance Hitler has displaced his hatred against the Jews.  Such is in relation to the claim why certain individuals shift their grievances to certain ethnic groups, nations or ideologies.[2] The Geneva Conventions            The Geneva Conventions of 1949 contains four separate treatises which primarily focus on protecting soldiers from sufferings that may have been wounded, sick, shipwrecked or might be prisoners of wars (POWs). In addition, the protection of civilians and their property are also taken into focus on the said conventions.[3]   The humanitarian focus of the Geneva Conventions was further expanded through the 1977 Additional Protocols.[4]   On the other hand, the details of the use of the weapons of war and the use of biological weapons are not included in the said convention as the use of the former were specified by the Hague Conventions of 1889 and 1907.            The First Geneva Conventions on August 12, 1949 necessitates that soldiers who are out of battle (i.e. hors de combat) should be protected. The Article 12 claims that equal care should be given to all people regardless of sex, race, nationality, religion, political beliefs, etc. Article 15 claims that the sick and the wounded must be protected from pillage and ill treatment. The second Geneva Conventions on the other hand caters to those sick and wounded who are on the seas. The 63 provisions focus on the armed forces who are â€Å"wounded, sick and shipwrecked, hospital ships and medical personnel, and civilians who accompany the armed forces.†[5]   The third Geneva Conventions contains 143 articles which clearly defines how prisoners of war (POWs) should be treated. According to the American Red Cross, POWs should be â€Å"†¦treated humanely, adequately housed, and receive sufficient food, clothing, and medical care. Its provisions also establish guidelines on labor, discipline, recreation, and criminal trial†.[6] Specific provisions of the third Geneva Conventions which tackled these provisions are Arts. 70-72, 123, Arts. 13-14, 16, Arts. 25-27, 30, Art. 23, Art. 17, Arts. 50, 54, Arts. 82, 84, Arts. 109, 110, Art. 118, and Art. 125. The fourth Geneva Conventions then focuses on the protection of the civilians in times of armed conflict. The 159 articles of the said conventions emphasizes the need to have civilian lives’ maintained in a normal disposition and protect them on every means of evil. [7]            As a sum, the Geneva Conventions based its arguments on the basic rational that human dignity of all individuals must be of utmost importance regardless of any instance. Necessary ways must be done in order to prevent any kind of suffering of both the combatants who have suffered wounds or any type of sickness. In addition, the rights of the rights of the POWs are also taken into utmost detail, hence preventing any kind of torture and other types of human rights violations. In addition the protection of the civilians most specially the assurance of the living a normal and quality life that is free from danger and any type of evils are also emphasized.            The 1949 Geneva Conventions paved the way for the creation of a more detailed law that focuses more on the workings of armed conflict. The Law of Armed Conflict (LOAC) is a response to the demand of a more thorough legal perspective in terms of conducting armed conflicts. Law of Armed Conflict (LOAC)            The Law of Armed Conflict (LOAC) stemmed out from customary practices of international law which required nations to comply with the set of laws that preside over the exercise of military operations in armed conflict. The acceptance of the international jurisdiction of the LOAC could be seen in the US Constitution which dubbed treaty obligations as the â€Å"supreme law of the land†, hence a part of the US law. Hence it could be implied that all individuals that are under the US law most particularly those militants who are engaged in armed conflicts are bounded by LOAC.[8] The DoDD 5100.77, DoD Law of War Program emphasizes the necessity amongst all military departments to create a program that ensures that LOAC will be observed. In addition with this, part of the treaty obligation of the US under the 1949 Geneva Conventions is the training of all military forces under LOAC and ensure that all weapons that will be used in armed conflict will be reviewed.[9] The nature of combatants are clearly defined in the LOAC. Lawful combatants are those individuals who are certified by any government authority to participate in armed conflict. In addition, a lawful combatant must be under the jurisdiction by an individual whose duty is to be responsible to his subordinates. Corollary with this, a permanent and unique emblem should be identified even in a distant such as uniforms. More importantly, a lawful combatant should be able to carry his arms obviously[10].            On the other hand, noncombatants are those people who are not certified by any government authority to engage in armed conflict. These individuals are clearly defined as civilians who are with the Armed Forces, soldiers who are out of combat i.e. POWs, wounded, medical personnel and chaplains.            In relation with this, unlawful combatants are those people who participate in armed conflict whom however are not authorized by any government authority to be such. For instance, bandits who steal from civilians are seen as unlawful combatants and may be viewed as targets that could be captured or killed. Also, unlawful combatants could also be put into trial because of violating international laws.[11]            Individuals who have undetermined status are those people which could not be categorized as a lawful combatant, noncombatant or an unlawful combatant. Undetermined individuals however are still viewed as under the protections of the Geneva Prisoner of War conventions until their status will be identified[12].            Military targets are also clearly defined in the LOAC. Such is relevant in order to limit the attacks to appropriate individuals. Military targets are defined are those individuals whose virtue of their own nature, location, purpose adds to an enemy’s capacity to engage in war. More importantly, the arrest and/or annihilation of these military targets are perceived to actualize the military objectives of the government.[13]            Regardless of the perceived goal of annihilation or capture of military targets, LOAC still takes into utmost focus the disposition of the civilian population. Attacks on places which are not justified by military necessity are against the LOAC. In addition, the attack on civilians in order to terrorize them is also against the international laws. However, LOAC considers that the civilian deaths or other related casualties could not be totally prevented in armed conflicts. Hence, the LOAC emphasizes that as much as possible, military objectives would seek to minimize such harms. LOAC emphasizes that losses on the part of the civilians must be in equal measure to the goals of the military. In relation with this, LOAC also has a provision against attacking objects that are dedicated to peaceful purposes. Medical units, vehicles for the wounded and the sick, hospital ships both for the civilian and the soldiers, safety zones as established by the Geneva Conventions, religious, cultural and charitable infrastructures, monuments and POW camps. Albeit, LOAC also made clear that if by any chance that these objects will be used for war purposes, such will not be subject to any immunity[14]. Problem Statement            Based on the laws set forth by the Geneva Conventions and the Laws of Armed Conflict (LOAC), the research seeks to identify what are the international tribunals and courts that are created in order to resolve the conflicts which stemmed during and/or after a particular war. In addition, the research seeks to know what are the roles that these tribunals and courts played in relation to resolving conflicts and various types of injustices.            International Court and Tribunals are created either to solve general conflicts and criminal cases or specific criminal cases of a particular country. These courts and tribunals are operational based on the laws, conventions and scope agreed upon and must be able to dispense justice in all possible cases. However, issues emerge as how international courts and tribunals handle, resolve conflicts and spend their budget. Objectives of the Study            The research aimed to: Identify the laws that were created that led to the proper and just exercise of international armed conflict. Identify various international court and tribunals that resulted due to the enactment of these laws. Identify the roles of the said tribunals and court in the exercise of justice. Identify the issues that these tribunals and court currently face. Significance of the Study            The research is relevant in order to increase the awareness of the researcher and his colleagues on the workings of international laws in terms of resolving armed conflicts. In addition, the identification of the international court and tribunals which stemmed out from these laws are also relevant not only for academic awareness and knowledge but also for a wider perspective of how armed conflict has affected various countries all over the world. Such will enable the researcher to know the quality of life of these people that could further aid him in participating in his own small way of minimizing the advent of various political leaders for war. Review of Related Literature            The research will be identifying the courts and tribunals which were created in order to resolve various conflicts and injustices that resulted because of armed conflicts. For the purpose of this paper, the research will be discussing the First Generation Tribunals i.e. Nuremberg Tribunal and the Tokyo Tribunal; the Second Generation Tribunals i.e. International Criminal Tribunal for the former Yugoslavia (ICTY) and International Criminal Tribunal for Rwanda (ICTR), and the International Criminal Court (ICC).         The role of these courts in relation to armed conflict will be identified, discussed through its principles and cases being resolved. In addition, the issues that envelope these international courts and tribunals will also be identified. First Generation Tribunals International Military Tribunal in Nuremberg (Nuremberg Tribunal)            The Nuremberg Tribunal was responsible for the trial and prosecution of the political, military and economic leaders of Nazi Germany. The said trial was made at the Nuremberg Palace of Justice on the city of Nuremberg Germany from 1945 to 1949. Two sets of trials were made. The first was the â€Å"Trial of the Major War Criminals Before the International Military Tribunal (IMT) which was held from November 20, 1945 to October 1, 1946 which comprises of the 24 most relevant leaders of the Nazis. On the other hand, the Control Council Law No. 10 at the US Military Tribunals (NMT) on the other hand was for the lesser war criminals which included doctors and judges[15].            The first principle of the Nuremberg Tribunal claims that an individual who commits a crime that is punishable under international laws should be apprehended and punished[16]. Consequently, the second principle states that if by any chance that the law does not provide a specific type of penalty for a particular crime, does not automatically relieve the accused of the said crime that he committed[17]. The third principle on the other hand, emphasizes that being a government leader such as a head of state etc does not automatically relieve an accused of his accountability to the alleged crime[18]. In relation with this, the notion of the existence of a moral choice was cited on Principle four and as per the Tribunal should be the guiding virtue to acts that were claimed to be done due to duress from a superior[19]. More importantly, the fifth principle made it clear that the accused must be subjected to a fair trial based on the laws and evidences that will be gathered[20]. The sixth principle then defines the set of crimes that are punishable under international law, these are: crimes against peace, war crimes and crimes against humanity. Crimes against peace were defined as the â€Å"planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances†and the â€Å"participation in a common plan or conspiracy for the accomplishment of any of the acts mentioned under†. [21] On the other hand, war crimes are seen as the â€Å"murder, ill-treatment or deportation to slave-labor or for any other purpose of civilian population of or in occupied territory, murder or ill treatment of prisoners of war, of persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns, or villages, or devastation not justified by military necessity†[22]. Finally, crimes against humanity are characterized as â€Å"Murder, extermination, enslavement, deportation and other inhuman acts done against any civilian population, or persecutions on political, racial or religious grounds, when such acts are done or such persecutions are carried on in execution of or in connection with any crime against peace or any war crime†[23].            The principles of the Nuremberg Tribunal which are affirmed by the General Assembly are the first set of principles that were formulated in order to lessen the evils brought forth by armed conflict. The tribunal recognizes that equality of all men on the eyes of the law, as evident on the first and the third principles. In addition, the notion of impartiality and fairness are also made clear as one of the guiding principles of the tribunal in order to trial those who were accused. However, one of the criticisms against the Nuremberg Tribunal is with regard to the notion that its principles are made ex post facto or â€Å"after the fact†. Such means that the principles are made just after the Axis powers surrendered and the principles are not really adapted to any existing custom law.[24]  Critics of the Nuremberg Tribunal argue that what happens is more of a â€Å"Victor’s Justice†rather than a more impartial, neutral and just trial[25].  In relation with this, other criticism such as the accused were not allowed to appeal against the court or may also influence the selection of the judges[26].            Below is a table summarizing the decision of the tribunal on the major personalities of the Nazi Regime.[27] International Military Tribunal for the Far East (IMTFE) (Tokyo Tribunal)            The International Military Tribunal for the Far East, also dubbed as the Tokyo Tribunal was created in response to the crimes committed by the leaders of the Japan Empire during the Second World War. The jurisdiction among people[28] is limited to the criminals of the Far Eastern who as members of an organization or as an individual have committed a crime that is against peace. The tribunal trialed the three types of crimes committed by Japanese leaders which are â€Å"Class A or crimes against peace, Class B or war crimes and Class C or crimes against humanity[29].  The first class of criminals is those Japanese who have waged a conspiracy in order to start the war and the other two types of criminals refer to those of the Nanking Massacre. The trials started on May 3, 1946 and were finished on November 12, 1948. The Nanking Massacre involves the thousand of deaths that resulted from the abuse of the Japanese forces. Civilians were buried alive while some become the targets of bayonet practice. In addition, some were shot in huge groups and were thrown into the Yangtze River. In addition with this, numerous women were raped, murdered and mutilated[30]. Japan has also conducted opium trafficking in China in order to weaken the latter from resisting[31]. The tribunal on Article 6 have made clear the responsibility of the accused, wherein it emphasizes that the accused official position or responsibility towards the government are not sufficient reasons in order to acquit him, unless proven so[32]. The Article 9 which states how the trial of the accused is to be conducted is somewhat similar to that of the Nuremberg Tribunal. Although Article 9 is leaning towards a fair trial for the accused, the provisions are only focusing on Indictment, Language, Counsel for Accused, Evidence for Defense, and Production of Evidence for the Defense. One could see that there are no such provisions saying that the accused is capable for an appeal or could have an influence for the selection of the judges[33]. Similarly, Article 16 describes the mode of penalty and punishment includes death or other penalties that are perceived by the tribunal to be just[34]. Second Generation Tribunals The International Criminal Tribunal for the former Yugoslavia (ICTY)            The International Criminal Tribunal for the former Yugoslavia or the ICTY was made on May 25 1993 by the Security Council Resolution 827 in order to trial the crimes that were made on the former Yugoslavia, more particularly on the Republic of Bosnia and Herzegovina in order to protect international peace and security. ICTY is located at Hague Netherlands. [35]  The ICTY has already indicted 161 individuals who are responsible for the crimes against international and humanitarian law.[36] The conflicts that emerge on the former Yugoslavia shifted from Slovenia to Croatia and then to Bosnia which the later showed signs of genocide such as deportation and mass executions and concentration camps. In addition with this, sexual assaults and rape were also documented. In effect of this, on October 1992, the Security Council asked UN Secretary, Butros Butros Ghali to furnish an account of the violation of international humanitarian law in the former Yugoslavia[37]. The ICTY has four major objectives: first is to bring to justice the individuals who are accountable on the grave violations of international and humanitarian law, to dispense justice to those who are afflicted, to prevent such crimes to occur again, to do its part to restore peace and held responsible those individuals who committed such crimes of international law and humanitarian law[38]. The jurisdiction of the ICTY is limited only to individuals and not organizations and or groups, who were alleged to commit such crimes after the first of January, 1991.[39] The violations that are subject to ICTY’s jurisdiction are those violations coming from the Geneva conventions such as: â€Å"a) wilful killing; b) torture or inhuman treatment, including biological experiments; c) wilfully causing great suffering or serious injury to body or health; d) extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly; e) compelling a prisoner of war or a civilian to serve in the forces of a hostile power; f) wilfully depriving a prisoner of war or a civilian of the rights of fair and regular trial; g) unlawful deportation or transfer or unlawful confinement of a civilian; h) taking civilians as hostages†[40] Also, Violations on the Laws or Customs of War are also included such as:        â€Å"a) use of poisonous weapons or other weapons calculated to cause unnecessary suffering; b) wanton destruction of cities, towns or villages, or devastation not justified by military necessity; c) attack, or bombardment, by whatever means, of undefended towns, villages, dwellings, or buildings; d) seizure of, destruction or wilful damage done to institutions dedicated to religion, charity and education, the arts and sciences, historic monuments and works of art and science; e) plunder of public or private property.†[41]            Crimes against humanity which are normally done to the civilians of former Yugoslavia are also trialed. In addition with this, Genocide was also another crime that ICTY looked into.             The ICTY has also categorized into two types the criminal responsibilities of that were allegedly committed by every accused. The first type are those individuals who have a well structured plan and authority to exercise such crimes, while on the other hand, the second type of accused are those superiors who have their subordinates commit crimes which the former has no knowledge of; and / or the superiors who did not made any steps in order to punish the said subordinate who made such a crime.[42]            The ICTY also has Rules of Procedure and Evidence that were drafted and amended by its judges and provides the parameters of how proceedings in trials should undergo. The basic premise of these standards resides on the notion of fairness which establishes the innocence of the accused and the burden of proof should rest on the prosecution. More importantly, ICTY has made sure that all of the parties involved must have the capacity to present their cases and in such instances, the tribunal requires that the language of the accused will be used. The tribunal has also made clear that death penalty can not be imposed and that the parties both have the right to appeal.[43]            Corollary with this, the rules of the tribunal also provides the right for a public hearing. In addition, the right of the accused to analyze the evidences of the prosecution, present his own evidences and the right against self-incrimination is also an evidence of a fair treatment to the accused. Unlike the Nuremberg and the Tokyo tribunal, the ICTY provides a more balanced perspective in terms of dealing with armed conflict accused and criminals. In addition, the utmost relevance that is centered on the importance of the human life is also evident as death penalty is not an accepted form of punishment to those trialed as guilty of the said allegations[44]. International Criminal Court for Rwanda (ICTR)            The International Criminal Court for Rwanda (ICTR) was made on November 8, 1994 which is roughly 18 months after the ICTY was made. The Security Council adopted the resolution 955[45] in order to trial the human rights abuses that resulted the conflict of two major tribes in Rwanda that resulted to genocide[46] between January 1, 1994 and December 31, 1994. In addition with this, the neighboring states of Rwanda who have participated as well for the said genocide and other human rights violation were also subjected to the trials of the tribunal[47].   ICTR is located in Arusha, United Republic of Tanzania[48].            The domestic conflict that emerge between the Hutu tribe which is the dominating tribe in Rwanda and the Tutsi Tribe which was the minority after the country’s decolonization in 1962.  The Hutus and the Tutsi’s conflict emerge primarily out of political reasons and not really of ethnic differences. Both of the tribes shared the same Roman Catholic faith and in times intermarried.[49]            In 1960, the Belgian government organized an election in response to the Tutsi’s demand for independence. However, a huge amount of the mayoral posts were given to the Hutus and in two years span, the Hutus have supplanted the Tutsis as the local elites. At such a span of time, there has been a wide documentation of reports claiming massacres of Tutsis which further led the latter to move to near by countries. After 15 years, the killings have abated and the Tutsi refugees who have returned organized a parliamentary forced known as Rwandan Patriotic Font (RPF) which later on signed peace conventions to Arusha Peace Accords which mandated the share of powers between the Hutus and the Tutsis[50].            The rare of how the Rwandan genocide have occurred was perceived to be so fast as around 1994 around 500,000 – 1,000,000 Tutsis has been killed while 10,000 to 100,000 Hutus were killed[51]. The laws adopted by the ICTR are governed by its statute which was based from the Security Council Resolution 955, wherein the Article 14 of the Statute serves as the foundation of the judicial framework of the tribunal.  The ICTR is primarily made of three organs which are the Chambers and the Appeals Chamber, the Office of the Prosecutor and the Registry[52].            The jurisdiction of the ICTR is under the parameters of â€Å"genocide, crimes against humanity†and â€Å"violations of Article 3 of the Geneva Conventions and of Additional Protocol II†. In relation with this, the crimes which are to be trialed are those executed between 1 January and 31 December 1994. Those crimes to be included are those within Rwanda and in the territory of neighboring states which are significantly related to the alleged crimes[53].            However certain objections were made with regards to the laws set forth by the ICTR[54]. The first objection was against the decision regarding the jurisdiction on crimes limited to July 1994 rather than December 1994. Critics claimed that such is because of the tribunal’s preference to cover earlier crimes and suspend temporal jurisdiction to retribution crimes against Hutus that were made on December. The second objection was about the penalty that was accepted in Resolution 955 which was the highest form appears to be life imprisonment. Such a statute was objected due to the argument that the Rwandan Penal Code allows the execution of death penalty.  The stand on the preference of the possibility of death penalty to be given against the leaders of the mass killings is so much important to the victims. The third objection was with regard to the limitation of the crimes to be trialed as those of concerning genocide alone. In effect of this, the killings that the Tutsi’s made after July would not be categorized as under the ICTR jurisdiction. The fourth problem is with regard to the objection of the location of ICTR in Arusha stating that the â€Å"deterrent effect of the trial and the punishment will be lost if the trial and punishment will be lost if the trials were to be held hundreds of miles away from the scene of the crime†. [55] International Criminal Court (ICC)            The International Criminal Court was created on 2002 and is a permanent tribunal to trial cases and â€Å"crimes of genocide, crimes against humanity, war crimes and crimes of aggression†as per Article 5 of its Statue.[56]   There have been a couple of appeals stating that crimes such as terrorism and drug trafficking must be included on the list of crimes that the court deals into. India has made a proposal to include the creation of the weapons of mass destruction, and nuclear weapons but such appeals to the court are defeated[57].  According to Article 11, the court only has jurisdiction after July 1, 2002 which was when the Rome Statute of the International Criminal Court took effect. The ICC is the â€Å"court of last resort†and will only trial cases of national origin when proved to be based on a faulty reasoning.  ICC has jurisdiction over matters wherein the accused belongs to a territory or state party that is under the national or territory of a state party. After which Article 14 states that such a case will be referred by the United Nations to the ICC. Since the court is made to function in juxtaposition of various national courts, ICC can only make take over the on the trial of certain crimes that national courts are unwilling to look into  The Article 17 of the Statute claims that â€Å"(a) The case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution;    (b) The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute; (c) The person concerned has already been tried for conduct which is the subject of the complaint (d)    The case is not of sufficient gravity to justify further action by the Court†[58]. Similar to the tribunals presented above, the ICC also does not excuse criminals who hold certain positions on the government office. As defined in Article 27 these individuals include â€Å"Head of State or Government, a member of a Government or parliament, an elected representative or a government†[59] In relation with this, Article 28 of the Statute claims that the superiors of those criminals are held responsible for the crimes committed by the latter.  The military commander are held liable in grounds of having or not having the foreknowledge of the criminal acts to be conducted and the failure of the commander to prevent or to report to other individuals of high position the perceived criminal acts to be executed. In relation with this, the military commander will be held responsible for the criminal acts of his subordinates, given the notion that the former did not properly exercise his control by disregarding the foreknowledge that he got, and also failure to exercise his power and control in order to prevent such acts.[60] The ICC as of April 2007 have a total of 41 countries signed the Roman Statute but a number of countries are still opposing on it. According to the Article 3 of the Statute, the official seat of the court is in Hague Netherlands; however, it may hold proceedings at almost any place[61]. The Effectiveness of International Courts and Tribunals            Barria and Roper provided an analysis on the effectiveness of the second generation international tribunals and also touching certain aspects of the effectiveness of international courts such as the ICC[62]. According to them, the assessment of the effectiveness of the ICTY and the ICTR are difficult to assess because they were established based on various rationales due to the argument that the Security Council perceived the said tribunals with a â€Å"multi-faceted mandate†[63]. Although it could be asserted that the basis for the creation of the ICTY and the ICTR are based on a specific statute such as the Resolution 955, it could be perceived that they have the two tribunals serve two different ends. The ICTR is perceived to maintain peace and order, make sure that violations against human rights and various killings will be stopped, and eventually leading on the process of national reconciliation[64]. As such, Barria and Roper argued that ICTR’s two main goals are closely similar to the ICTY, other than that the ICTR included on its mandate the task of reconciliation among the two opposing national forces.            On a closer analysis, the establishment of the ICTY and the ICTR does not necessarily provided an immediate deterrent effect on the nations and parties that are involved, however, such hopes on the deterrent nature of the court are still expected on the far future.            In addition, Barria and Roper criticized that international tribunals are not generally perceived as an avenue to maintain peace and order, however, newly established courts such as the ICC are perceived to have the capability of securing peace in the international community. Roberts, as cited in Barria and Roper have maintained that the ICTY and the ICTR are not really that successful in terms of maintaining peace and security[65]. More importantly, Shinoda as cited in Barria and Roper criticized the relationship of imposing justice on the notion of national peace and order. As such, Shinoda argued: â€Å"Does justice really contribute to peace? Should we reject unjust peace even in post-conflict regions?†[66] As such, Barria and Roper argued that ICTY was not able to establish peace and order on the former Yugoslavia as hostilities between Bosnian Serbs, Croats and Muslims still exist[67].            On the case of the ICTR, revenge killings on the part of the Tutsi tribes are still in effect, as there is no cooperation on the part of national forces within the state of Rwanda. As such, Barria and Roper argued that the success of the imposing of peace and order through the second generation tribunals will be only fully actualized if it gained support from the nations involved and the international society[68].            Another significant criticism that was raised regarding the role of international tribunals was that of Cobban wherein she asserts that international tribunals besides the argument that they failed to dispense justice have due process that are long and expensive. On the 25 indictments that the ICTR have done, more than $1 billion was the documented cost which makes every case cost around $40 million[69].  Conclusion International Court and Tribunals are created either to solve general conflicts and criminal cases or specific criminal cases of a particular country. These courts and tribunals are operational based on the laws, conventions and scope agreed upon and must be able to dispense justice in all possible cases. However, issues emerge as how international courts and tribunals handle, resolve conflicts and spend their budget. The research has identifying the courts and tribunals which were created in order to resolve various conflicts and injustices that resulted because of armed conflicts. The research has discussed the First Generation Tribunals i.e. Nuremberg Tribunal and the Tokyo Tribunal; the Second Generation Tribunals i.e. International Criminal Tribunal for the former Yugoslavia (ICTY) and International Criminal Tribunal for Rwanda (ICTR), and the International Criminal Court (ICC). The Nuremberg Tribunal was responsible for the trial and prosecution of the political, military and economic leaders of Nazi Germany. The said trial was made at the Nuremberg Palace of Justice on the city of Nuremberg Germany from 1945 to 1949. Two sets of trials were made. The first was the â€Å"Trial of the Major War Criminals Before the International Military Tribunal (IMT) which was held from November 20, 1945 to October 1, 1946 which comprises of the 24 most relevant leaders of the Nazis. On the other hand, the Control Council Law No. 10 at the US Military Tribunals (NMT) on the other hand was for the lesser war criminals which included doctors and judges The International Military Tribunal for the Far East, also dubbed as the Tokyo Tribunal was created in response to the crimes committed by the leaders of the Japan Empire during the Second World War. The jurisdiction among people is limited to the criminals of the Far Eastern who as members of an organization or as an individual have committed a crime that is against peace. The International Criminal Tribunal for the former Yugoslavia or the ICTY was made on May 25 1993 by the Security Council Resolution 827 in order to trial the crimes that were made on the former Yugoslavia, more particularly on the Republic of Bosnia and Herzegovina in order to protect international peace and security. ICTY is located at Hague Netherlands.   The ICTY has already indicted 161 individuals who are responsible for the crimes against international and humanitarian law The International Criminal Court for Rwanda (ICTR) was made on November 8, 1994 which is roughly 18 months after the ICTY was made. The Security Council adopted the resolution 955 in order to trial the human rights abuses that resulted the conflict of two major tribes in Rwanda that resulted to genocide between January 1, 1994 and December 31, 1994. In addition with this, the neighboring states of Rwanda who have participated as well for the said genocide and other human rights violation were also subjected to the trials of the tribunal .  ICTR is located in Arusha, United Republic of Tanzania . The International Criminal Court was created on 2002 and is a permanent tribunal to trial cases and â€Å"crimes of genocide, crimes against humanity, war crimes and crimes of aggression†Barria and Roper provided an analysis on the effectiveness of the second generation international tribunals and also touching certain aspects of the effectiveness of international courts such as the ICC. According to them, the assessment of the effectiveness of the ICTY and the ICTR are difficult to assess because they were established based on various rationales due to the argument that the Security Council perceived the said tribunals with a â€Å"multi-faceted mandate. Another significant criticism that was raised regarding the role of international tribunals was that of Cobban wherein she asserts that international tribunals besides the argument that they failed to dispense justice have due process that are long and expensive. References American Red Cross â€Å"FACING FEAR/6-8/Lesson Plan 8/Facts About Terrorism and War†(2001). American Red Cross, â€Å"1949 Geneva Conventions†http://www.icrc.org/ihl.nsf/7c4d08d9b287a4214125673 9003e636b/fe20 c3d903ce27e3c125641e004a9 2f3 accessed 19 April 2007.  Avalon Project at Yale School, â€Å"International Military Tribunal for the Far East, (Article 5)†http://www.yale.edu/lawweb/avalon/imtfem.htm accessed 20 April 2007. Barria L and Ropper S, â€Å"How Effective are International Criminal Tribunals? An Assessment of the ICTY and the ICTR, The International Journal of Human Rights September 2005, Vol. 9, No. 3, 349–368. Biddis M, â€Å"Victor’s Justice? The Nuremberg Tribunal†, History Today (1995). â€Å"Causes of War†, http://www.spiritus-temporis.com/war/causes-of-war.html accessed on 18 April 2007. Cobban H , â€Å"International Courts†, Foreign Policy (2006) 22-28. Dilip Lahiri, 17 July 1998. Explanation of vote on the adoption of the Statute of the International Criminal Court. Embassy of India, Washington, D.C. Global Policy, â€Å"Tribunal Laws Made Simple†, http://www.globalpolicy.org/intljustice/tribunals/yugo/2004/ictyintro.htm accessed 20 April 2007. International Criminal Court. â€Å"About the Court†, http://www.icc-cpi.int/about.html, accessed on 20 April 2007 Microsoft Encarta, â€Å"War Crimes Trial†, Microsoft Encarta Encyclopedia 2005 PICT-PCTI, â€Å"International Military Tribunal for the Former Yugoslvaia†, http://www.pict-pcti.org/courts/ICTY.html accessed 20 April 2007. Powers Rod, â€Å"Law of Armed Conflict (LOAC)†(Guide to US Military) http://usmilitary.about.com/cs/wars/a/loac.htm accessed 19 April 2007. Puja K, â€Å"Global Civil Society Remakes History:â€Å"The Women’s International War Crimes Tribunal 2000†, Duke University, positions 9:3 Winter 2001, 611-618. â€Å"The Tokyo War Crimes Trial†, http://www.cnd.org/mirror/nanjing/NMTT.htmlaccessed 20 April 2007. United Nations, â€Å"General Information†, http://www.un.org/icty/glance-e/index.htm accessed 20 April 2007. United Nations. â€Å"Key Figures of ICTY Cases†, http://www.un.org/icty/glance- e/index.htm accessed 20 April 2007. United Nations, â€Å"General Information†, http://www.un.org/icty/glance-e/index.htm accessed 20 April 2007. United Nations, â€Å"International Criminal Tribunal for Rwanda†, ictyhttp://www.unhchr.ch/html/menu2/2/rwatrib.htm accessed 20 April 2007. United Nations, â€Å"PART 2. JURISDICTION, ADMISSIBILITY AND APPLICABLE LAW†http://www.un.org/law/icc/statute/99_corr/2.htm accessed 20 April 2007. United Nations, PART 3. GENERAL PRINCIPLES OF CRIMINAL LAW, Article 27†, http://www.un.org/law/icc/statute/99_corr/2.htm accessed 20 April 2007. United Nations, â€Å"Part 1 ESTABLISHMENT OF THE COURT, Article 3†, http://www.un.org/law/icc/statute/99_corr/4.htm accessed 20 April 2007. [1] â€Å"Causes of War†, http://www.spiritus-temporis.com/war/causes-of-war.html accessed on 18 April 2007. [2] Ibid. [3] American Red Cross, â€Å"1949 Geneva Conventions†http://www.icrc.org/ihl.nsf/7c4d08d9b287a4214125673 9003e636b/fe20 c3d903ce27e3c125641e004a9 2f3 accessed 19 April 2007. [4] American Red Cross â€Å"FACING FEAR/6-8/Lesson Plan 8/Facts About Terrorism and War†(2001). [5] Ibid. [6] Ibid on page 3. [7] Ibid. [8] Powers Rod, â€Å"Law of Armed Conflict (LOAC)†(Guide to US Military) http://usmilitary.about.com/cs/wars/a/loac.htm accessed 19 April 2007. [9] Ibid. [10] Ibid. [11] Ibid. [12] Ibid. [13] Ibid. [14] Ibid. [15] Microsoft Encarta, â€Å"War Crimes Trial†, Microsoft Encarta Encyclopedia 2005. [16] Ibid. [17] Ibid. [18] Ibid. [19] Ibid. [20] Ibid. [21] Ibid. [22] Ibid. [23] Ibid. [24] Biddis M, â€Å"Victor’s Justice? The Nuremberg Tribunal†, History Today (1995). [25] Ibid. [26] Ibid. [27] Table taken from: Biddis M, â€Å"Victor’s Justice? The Nuremberg Tribunal†, History Today (1995). [28] Avalon Project at Yale School, â€Å"International Military Tribunal for the Far East, (Article 5)†http://www.yale.edu/lawweb/avalon/imtfem.htm accessed 20 April 2007. [29] Puja K, â€Å"Global Civil Society Remakes History:â€Å"The Women’s International War Crimes Tribunal 2000†, Duke University, positions 9:3 Winter 2001, 611-618. [30] â€Å"The Tokyo War Crimes Trial†, http://www.cnd.org/mirror/nanjing/NMTT.htmlaccessed 20 April 2007. [31] Ibid. [32] Avalon Project at Yale School, â€Å"International Military Tribunal for the Far East, (Article 6)†http://www.yale.edu/lawweb/avalon/imtfem.htm accessed 20 April 2007 [33] Ibid on Article 9. [34] Ibid on Article 16. [35] United Nations, â€Å"General Information†, http://www.un.org/icty/glance-e/index.htm accessed 20 April 2007. [36] United Nations. â€Å"Key Figures of ICTY Cases†, http://www.un.org/icty/glance-e/index.htm accessed 20 April 2007. [37] PICT-PCTI, â€Å"International Military Tribunal for the Former Yugoslvaia†, http://www.pict-pcti.org/courts/ICTY.html accessed 20 April 2007. [38] [38] United Nations, â€Å"General Information†, http://www.un.org/icty/glance-e/index.htm accessed 20 April 2007. [39] Global Policy, â€Å"Tribunal Laws Made Simple†, http://www.globalpolicy.org/intljustice/tribunals/yugo/2004/ictyintro.htm  accessed 20 April 2007. [40] Ibid. [41] Ibid. [42] Ibid. [43] Ibid [44] Ibid. [45] United Nations, â€Å"International Criminal Tribunal for Rwanda†, ictyhttp://www.unhchr.ch/html/menu2/2/rwatrib.htm accessed 20 April 2007. [46] Barria L and Ropper S, â€Å"How Effective are International Criminal Tribunals? An Assessment of the ICTY and the ICTR, The International Journal of Human Rights September 2005, Vol. 9, No. 3, 349–368. [47] United Nations, â€Å"General Information†, http://69.94.11.53/default.htm accessed 20 April 2007. [48] Ibid. [49] Barria L and Ropper S, â€Å"How Effective are International Criminal Tribunals? An Assessment of the ICTY and the ICTR, The International Journal of Human Rights September 2005, Vol. 9, No. 3, 349–368 [50] Ibid. [51] Ibid.
Friday, November 15, 2019
Comparing Hate in The Jewel in the Crown and Wuthering Heights :: comparison compare contrast essays
Hate in The Jewel in the Crown and Wuthering Heights While reading the two works, The Jewel in the Crown and Wuthering Heights, it was impossible to miss the blatant prejudice. The terms used to describe other races were offensive, I also noticed the treatment of many of the characters because of their skin color. One of the novels was set in 1801 and the other in 1942 still they both illustrate horrid prejudices. Emily Bronte's Wuthering Heights is a classic novel from the 1800's. It was shocking at first to read about the Gypsy boy that Mr. Earnshaw brought home referred to as." a gift of God, though it's as dark almost as if it came from the devil." (Pg 28. Bronte, Emily. Wuthering Heights. Norton Critical ed. 3rd ed. Ed William M. Sale, jr., and Richard J. Dunn. New York: W.W. Norton, 1990) Not once in the first meeting of this child did they call him a child or even as him they referred to him as "it" (Pg 28,29. Bronte, Emily. Wuthering Heights. Norton Critical ed. 3rd ed. Ed William M. Sale, jr., and Richard J. Dunn. New York: W.W. Norton, 1990) When Mr. Earnshaw was explaining why he brought the boy home he used phrases like "seeing it starving" "inquired for its owner" and "whom it belonged". (Pg 29. Bronte, Emily. Wuthering Heights. Norton Critical ed. 3rd ed. Ed William M. Sale, jr., and Richard J. Dunn. New York: W.W. Norton, 1990) The horrible way the people thought about the Gypsy child Heathcliff offended me at first and then I remembered the period of the novel. That was unfortunately, standard practice for the era although despicable normal for the era. The trend continued for one hundred years because the novel The Jewel in the Crown had the same tones about the Indian people in the novel. Lady Chatterjee was not allowed in a club because she was an Indian. (Pg 106 Scott, Paul. The Jewel in the Crown. [1996.] Vol. 1 of the Raj Quartet. Rpt. Chicago: University of Chicago Press, 1998.) Many times in this novel, as well there are blatant prejudices. Sister Ludmila felt it "an unnatural context the attraction of white to black, the attraction of an opposite" of a white woman and an Indian (black) man. (Pg 150 Scott, Paul. The Jewel in the Crown.
Tuesday, November 12, 2019
Business In Internet Essay
1. Is Twitter just a bright idea or a real business opportunity? To what extent does Twitter’s situation reflect the past record of its founders? In my opinion, I think twitter is a good business opportunity. Like other internet service, twitter has a large number of users, which provide a potential revenue foundation. At present, twitter’s priority is to find a revenue model to transfer the abundant of users to money. If twitter finds thus a model, it will become another internet service giant in the world. At present, Twitter’s functional model is not original intention of the founder, William, which is an incident idea. After that, the founder notice that this model is suitable with people’s wants, allowing to disseminate information to others in real-time. The founder has a good idea for establishing company but not having a good idea to earn profit from the business. 2. A). what is Twitter’s Advantages and challenges given it chosen technology configuration? First, Twitter is easy to use. Twitter only focus on using text to communication. Users can easily to use twitter without learning or training. The challenge for the method is that text is dull. Some of users would feel twitter is not attractable. Second, web-based platform is another advantage for Twitter. Users can use Twitter service by accessing website from different systems. In my opinion, open source platform will bring twitter a great potential. Users can develop own application on Twitters according to their own interests. However, open source also has challenges that the malicious application can spread without proper supervision. B). what are the benefits and challenges for corporations looking to use Twitter internally and externally Benefit for internally using Twitter: the communication among employees or managers would be efficient because Twitter is just-in-time communication platform. Managers can use Twitter to transmit their order to the specific followers (employees); employees also can report work to managers by using the same method. Challenges for internally using Twitter: it is very different to organize the followers. And it is also danger to use Twitter to transmit business confidence. Using Twitter also can increase whisper or rumor spreading inside the corporates. Benefit for externally using Twitter: the customers can get new product information of the corporate on time, which is a good promotion and marketing method. The challenge for externally using Twitter is that marketing effect coverage significantly depends on the internet. 3. What has been Twitter’s marketing approach to date, and is it sustainable? Right now, in my opinion, Twitter has a very simple marketing approach to earn money, firstly, using abundant users to attract venture capital investors. Secondly, Twitter sells â€Å"@†(Twitter name) to big companies or big events. At present, none of twitter functions charge personal users. Most of its expenditure comes from the venture capital. For a long term, this approach cannot survive; however, the investors know the potential of Twitter. In the future, Twitter will provide difference revenue model to earn profit. 4. Can Twitter ever earn profits? If so, what are the best ways it can monetize? In my opinion, Twitter can earn profits in the future, if it does that: adopting advertising models would be a good method to earn money. Secondly, it is necessary to create paid content for users who want to have further service. Thirdly, Twitter can cooperate with publishers, job agencies, etc. collecting commission.
Sunday, November 10, 2019
Best Practices in Hr- the Journey of Tata Group
Businesses thriving in harsh environment have an ideal higher than personal profit. There is a common thread that drives them forward for years. This common thread is represented in the core values established by the founding fathers. Businesses that integrate people with the broader goal of sustainability by this common cord are those that live. There is a pioneer of these value driven business practices in the history of corporate India, the TATA group. Understanding the journey of Tata group in the perspective of HR practices can help us examine the role of people or employees in the success of an organization.For this let us understand the core values of the founding father of this business community. [pic] [pic] Jamsetji started the business when India was entering the final phase of colonization. Having met with obstruction and harassment in pre-independence India he adopted a new ideal for his business ‘Community capitalism’. According to eminent Japanese scholar Haruo Funabashi ‘Jamsetji had a more holistic perspective, however. His focus was not the trees but the forestâ€â€that is, not the individual stakeholders but the community in the largest sense’.All his efforts whether building a world class hotel or sprawling townships, had been aimed at the greater good of community and nation. Community capitalism is a ‘people first’ approach to business. Jamsetji was the stalwart of HR innovations. In a time when workers were treated as ‘Cogs in wheel’, he voluntarily considered their functional limitations. He provided them with benefits like eight hour working day, free medical aid and maternity benefits long before the government mandated these provisions.By aligning his business aspirations with nation building he engaged in greater community development. All this contributed towards creating a motivated workforce. [pic] The ideals of Jamsetji were carried forward by subsequent Tata leaders. Each le ader synergized these core values with new ones that were the call of his times. JRD Tata sometimes referred to as ‘Chairmen’s chairmen’ brought about a ‘value shift’ in the HR practices. He was a strong believer in a merit and believed in professional management of the group companies.It was this conviction that led him to steer the policies from Human Resource management to Human Resource development by nurturing leaders. His commitment to merit and professionalism ultimately led him to form Tata Administrative services and Tata Management training centre that became breeding grounds for future business leaders. His vision served the group well. Russi Mody, Sumant Moolgaokar and Darbari Seth became beacons of Tata leadership and were instrumental in generating wealth for the group and the country.JRD also understood the crux of successful labour relations. Tata steel became one of the first companies to have a dedicated Human resource department to make workers feel valued after there were frequent tense labour situation despite being treated exceptionally well; indicating worker discontent. JRD was quick to sense that workers had started to feel like parts of a machine. So he made them feel wanted by forming a department just for them. This is why Tata group is considered champions in personnel relations. [pic]The next generation witnessed Ratan Tata’s phenomenal leadership that coincided with unprecedented economic liberalization in India. He envisioned a strategic plan of institutionalizing a stronger collective identity of the Tata group in changing times. The new value he created can be held as ‘Osmosis’, a process of conveying cultures, beliefs and values across group. Efforts like displaying a common logo helped to ingrain common ethos in all Tata companies. But a bigger change had to be dealt with too, The Changing employee aspirations.Ratan Tata soon realized that the generation of employees he is dealing with wanted personal growth and career advancement. Ratan Tata aligned these personal pursuits with business goals by HR practices that can fall under ‘Disruptive innovation’. Integrated HR system, BSC, Brockbank model, HR gurukul, TBEM etc are all part of this alignment. Some may argue that such performance oriented system is against the core values of Jamsetji, who never believed in punishing the weak and rewarding the strong.But it cannot be ignored that with their present policies Tatas do reward the best but do not punish the weak. Performance based layoffs in Tata group are highly uncommon. To sum up Ratan Tata’s vision of Osmosis has only strengthened the foundations of Tata values across group. This belief is mirrored in the chivalry displayed by the Taj hotel staffs during the terrorist attack that was preceded by similar acts of the staff of another Taj group hotel in Maldives during the Tsunami in 2004. The future for both these companies thro ws the challenge of working in a Flat world.With the Tatas going global with M;As and software industry expansion communicating common values across cultures has become a problem. HR initiatives to meet this challenge are yet to be seen. The future roadmap for HR practices in the Tata group should account for the cultural dimension. The HR heads should also be prepared for a new generation of potential employees that is being prepared by a changed society and educational environment. Gauging needs and ambitions of this generation is especially important.Moreover with a change in top leadership this year speculations are high on the changes in HR management of Tata group References Toward a Sustainable Business Model for the 21st Century Haruo Funabashi www. tata. com – visited on 10 September 2012 â€â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€œ BEST PRACTICES IN HR- THE JOURNEY OF TATA GROUP ‘THE OSMOSIS’ – PERPETUATING CORE VALUES ACROSS COMPANIES AND CULTURES IN TATA GROUP ‘THE VALUE SHIFT’-FROM HUMAN RESOURCE MANAGEMNET TO HUMAN RESOURCE DEVELOPMENT ‘COMMUNITY CAPITALISM’- BUSINESS AIMED AT COMMUNITY BASED DEVELOPMENTFORNATION BUILDING ‘In a free enterprise, the community is not just another stakeholder in business, but is in fact the very purpose’ –Jamsetji Tata â€Å"To be a leader, you have got to lead human beings with affection†– JRD TATA ‘’One hundred years from now, I expect the Tatas to be much bigger than it is now. More importantly, I hope the Group comes to be regarded as being the best in India, best in the manner in which we operate, best in the products we deliver and best in our value systems and ethics’’ – Ratan Tata
Friday, November 8, 2019
buy custom The American Legal System Process of Robert Hansen essay
buy custom The American Legal System Process of Robert Hansen essay This research paper mainly focuses on roles that the American legal system has played in relation to a case that involves Robert Hansen who was also known as Butcher Baker. Robert Hansen was an American serial killer who was born on 5th February 1939. He was a married man who had a kid but none of them knew what he was doing in his life. He was convicted for a number of different charges. He is a man who confessed to the killing of 17 women and a person who was also involved in the raping of another 30 women within a period of 12 years. He was a well known criminal who was associated with all the wrong deeds. Due to all this counts, he was sentenced to life imprisonment which was topped up with 461 years in prison. Therefore, this paper tries to focus on the role that the United States legal system played regarding a man who had such severe accusations. In any particular case, there exist laid down laws that should be followed so as to ensure that a case has been judged fairly and th at every victim is contented with the judgment beyond any reasonable doubt. This paper therefore analyzes the role that the American legal system played in Robert Hansens case by explaining the different roles played by the lawyers, the police, the jury and the judges in making the case a success. It also tries to show that the above parties played their own roles successfully in reaching the amicable judgment that was handed to Hansen without any bias. It tries to show how the investigators or police came up with the evidence that they got, how the defense lawyers argued against the laid down evidence, how the victims lawyers proved that the evidence that was brought before the court was correct and indeed worth sentencing Hansen to a reasonable sentence, how the judges accessed everything that was tabled before them and lastly how the jury came up with their sentence. Introduction The United States legal system mainly consists of courts. In the United States of America, courts are the ones responsible in rendering decisions which when put together have an impact in the lives of many people in the country. In any given case, there exist different parties where the courts decision may have an effect only on the parties entitled to any given legal action. In any particular ruling done by a court, there must be a number of Americans either welcoming the ruling or other Americans disapproving the same ruling. However, the court is the body that comes up or makes the final decision. In other words, it can be termed as the body that interprets the law (Calvi, 2011). The courts are not the entire American legal system but they are with no doubt central to the American legal system. With the passing of each day, the courts in turn have different roles. The roles played by the courts include: the interpretation of the law, settling disputes under the laws and sometime doing away with the laws that violate the American citizens fundamental protections which are in the American constitution. The American legal system provides the rule of law and guarantees other common norms. This means that the American citizens depend greatly upon the legal system with them depending on its predictability and its enforceable common norms that are guaranteed by this system. The American citizens also need to refer to the system when making some important decisions in their lives. These decisions may include: parents coming up with the will for their children and different parties entering into a business contract among others. The American legal systems have therefo re evolved so as to satisfy the ever growing needs of the nation as well as the nations complex economic and social realities (Van Dervort, 1999). The role of the American legal system to Robert Hansens charges The Americanlegal system provided the necessary guidelines that were followed during Butcher Bakers case. Through the American legal system, Hansen was found guilty of a couple of offences. This is because the American legal system does not allow deeds such as: the illegal possession of guns and weapons which he had, one to kill another person an offence that Butcher Baker had done, anyone to rape a woman another offence that he was guilty of 30 times. Robert Hansen was therefore charged with all these counts in the court of law under the outlined American legal system (Bernard, 1993). The role of Judges in Robert Hansens charges In the American legal system, the judges have the role of presiding over the court proceedings. The judge who was involved in Robert Hansens case conducted the trial impartially. He gave all the witnesses a chance to testify for or against Hansen. He also gave the lawyers of the accused, Hansen, and of the dead victims time to argue for their respective clients tabling down all the available evidence which included: maps containing the location of the grave sites of Hansens dead victims, jewelries of his victims among other evidences (Walter, 1991). The investigators of the case, those who had discovered the shocking evidences, were also given a chance by the judges to testify before the court. After the judge had given all this individuals chances of testifying, he later accessed the credibility of all the evidences by looking at the arguments made before him regarding the case. He then interpreted the law in accordance to the case and made his personal judgment. The jury and the judge reached the decision of sentencing Hansen to life imprisonment and an additional 461 years without parole (Hickey, 2006). The role of Anchorage Jury In the American legal system, it is the role of the jury to listen to the evidence that has been tabled before them and then come up with an amicable ruling or prosecution. In Hansens case, different evidence was tabled before the jury by both parties and the investigators. The jury listened to it carefully and then returned 4 indictments against Butcher Baker. He was indicted for the following counts: guilty of the first degree assault and kidnapping, charged with five counts of misconduct as the jury was provided with the evidence that he was in possession of a hand gun, charged with theft in the second degree and lastly charged with theft by deception in the insurance fraud (Jenkins, 1994). The role of the Defense (Hansens) Lawyers In the American legal system, there exists the defense lawyer who has the role of arguing for the charged person. He may also have the right to appeal a case when they are not satisfied with the final judgment given to their client. He also has the role of ensuring that their clients get the most favorable sentence. In the Robert Hansens case, the defense lawyer who was arguing for Hansen requested the district attorney (D.A), Victor Krumm to hold a meeting with them. Krumm tabled an offer to Hansen and his lawyer. He asked Hansen to confess the truth and in return would only be charged for the four counts, that they were already aware of. He was also told that if he confessed everything, he could not serve his sentence in a maximum security facility but in a federal one. The defense lawyer urged his client, Robert Hansen, to take the tabled offer as it looked like the most favorable one. Robert then pleaded guilty to the counts that he was charged with (Melone, 2008). The role of the victims lawyers In the American legal system, there exist two parties in every case where each party has their own lawyers. The victim who is pressing ccharges has his or her own lawyers who usually have the role of seeing that justice has been served to the accused person. In Robert Hansens case the victims lawyers used the evidence that was provided by the investigators. This evidence included the ballistic results that were compared to Hansens riffle, the jewelries of the victims that Hansen had killed among other evidences. They also supported their evidence with their skills and made sure that they had convinced the court about Hansens guilt so that he could get the sentence that he truly deserved. In this case, the victims lawyers made the jury understand clearly that Hansen was guilty of all the charges that were pressed against him and as a result, he was prosecuted to life sentence and an additional 461 years in jail without parole (Peck, 2001). The role of the police in Robert Hansens case The American legal system states that for a suspect to be prosecuted in a court of law, sufficient evidence should be tabled before the court against the suspect in question. The police are the ones who help a great deal in the investigation process which gives rise to the evidence that will be tabled in the court by the lawyers and the other parties who are involved in court proceedings. In Robert Hansens case, he was a suspect of several killings and rape cases and so the police were called upon to investigate on the matter so that Baker could be prosecuted. The police, investigators, went to his work place and asked him to accompany them to the police station for questioning. He was not surprised by their request and therefore, he accompanied them without any hesitation. The American legal system advocates that in an investigation of any particular case, warrants should be issued to the involved suspects and so in the Hansens case, the investigators issued warrants on Hansens hous e as well as his plane (Scheb, 2002). On the course of the investigation, there were many weapons that were found in his house but the investigators still did not have any evidence that would prove him being responsible for the women killings. During the process of the investigation, one investigator discovered that there was a hidden space in the rafters of the house. After searching the space, they found pieces of jewelry, a drivers license and a clinging newspaper. Some of these discoveries were possessions of one of the women that he was alleged to have killed. In this case, the police played the role of finding the evidence that was used against Hansen and tabled before him by the victims lawyers during the prosecution. The police also conducted some ballistic experiment and provided the court with its results. They proved that the shell casings found in the grave sites of Hansens victims had all come out of his rifle (Segal, 2005). Conclusion It has been clearly shown that the American legal system plays a big part in insuring that justice has been served. Robert Hansen was a man who had been killing and raping women for a couple of years without anyones know how but finally he was investigated and through the well laid down laws that are contained in the American legal system, he was prosecuted and convicted for the wrong deeds that he did. The essay also shows that the prosecution is a long process which involves many different parties and thus people are supposed to exercise patience so as to bring the truth into light. The police investigated Robert Hansen for a long time without getting any evidence but they later found what they were looking for. This shows that patience and determination was the key to the discoveries that led to the prosecution of Butcher Baker. The American legal system therefore contains well laid down frame work that lets people suffer from the wrong deeds that they do. Buy custom The American Legal System Process of Robert Hansen essay
Tuesday, November 5, 2019
Definition of LD50 or Lethal Dose 50 Test
Definition of LD50 or Lethal Dose 50 Test Updated and edited on May 20, 2016 by Michelle A. Rivera, About.com Animal Rights Expert The LD50 test is one of the most controversial and inhumane experiments endured by laboratory animals. â€Å"LD†stands for â€Å"lethal dose†; the â€Å"50†means that half the animals, or 50 percent of the animals forced to endure testing the product, will die at that dose. LD50 value for a substance will vary according to the species involved. The substance may be administered any number of ways, including orally, topically, intravenously, or through inhalation. The most commonly used species for these tests are rats, mice, rabbits, and guinea pigs. Substances tested might include household products, drugs or pesticides. These particular animals are popular with animal testing facilities because they are not protected by the Animal Welfare Act which states, in part:            AWA 2143 (A)  â€Å"†¦for animal care, treatment, and practices in experimental procedures to ensure that animal pain and distress are minimized, including adequate veterinary care with the appropriate use of anesthetic, analgesic, tranquilizing drugs, or euthanasia;†¦Ã¢â‚¬ The LD50 test is controversial because the results have limited, if any, significance when applied to humans. Determining the amount of a substance that will kill a mouse has little value to human beings. Also controversial is the number of animals frequently involved in an LD50 trial, which may be 100 or more animals. Organizations such as the Pharmaceutical Manufacturers’ Association, U.S. Environmental Protection Agency, and the Consumer Product Safety Commission, among others, have all spoken out publicly against the use of too many animals in order to reach that 50 percent number. Approximately 60-200 animals are used even though the above organizations have indicated that these same tests could be successfully concluded by using only six to ten animals. The tests involved testing for â€Å",,,toxicity of gases and powders (the inhalation LD50), irritancy and internal poisoning due to skin exposure (the dermal LD50), and toxicity of substances injected directly into anim al tissue or body cavities (the injectable LD50),†according to the New England Anti-Vivisection Society, whose mission it is to end animal testing and supporting alternatives to testing on live animals. The animals used are almost never given anesthesia and suffer tremendous pain during these tests. Because of public outcry and advances in science, the LD50 test has been largely replaced by alternative test measures. In â€Å"Alternatives to Animal Testing, (Issues in Environmental Science and Technology)†a number of contributors* discuss alternatives that have been adopted by laboratories around the world including the Acute Toxic Class method, the Up and Down and Fixed Dose procedures.  According to the National Institute of Heath, the Consumer Product Safety Commission strongly discourages the use of the LD50 test, while the Environmental Protection Agency discourages its use, and, perhaps the most unnerving, the Food and Drug Administration does not require the LD50 test for cosmetic testing. Merchants have used the public outcry to their advantage. Some have added the words â€Å"cruelty free†or some other indication that the company does not use animal testing on their finished product. But beware of these claims because there is no legal definition for these labels. So the manufacturer may not test on animals, but it’s entirely possible that the manufacturers of the ingredients which comprise the product are tested on animals. International trade has also added to the confusion. While many companies have learned to avoid testing on animals as a public relations measure, the more the United States opens trades with other countries, the higher the chance that animal testing will again be part of the manufacture of a product previously deemed cruelty free. For example, Avon, one of the first companies to speak out against animal testing, has begun selling their products to China. China requires some animal testing be done on certain products before being offered to the public. Avon chooses, of course, to sell to China rather than stand on ceremony and stick to their cruelty-free guns. And while these tests may or may not involve LD-50, the fact is that all the laws and regulations that have been so hard fought and won by animal-rights activists over the years wont mean a thing in a world where global trade is the norm. If you want to live a cruelty-free life and enjoy following a vegan lifestyle, you have to be part detective and research the products you use every day. *R E Hester (Editor), R M Harrison (Editor), Paul Illing (Contributor), Michael Balls (Contributor), Robert Combes (Contributor), Derek Knight (Contributor), Carl Westmoreland (Contributor) Edited by Michelle A. Rivera, Animal Rights Expert
Sunday, November 3, 2019
Guerilla marketing technics Essay Example | Topics and Well Written Essays - 2500 words
Guerilla marketing technics - Essay Example The concept of Trust has widely emerged; however, this has inclined branding associations to becoming a central to competition. Modern contemporary marketing technology has been its focus upon the creation of differentiated brands. Brand image according to Hagel & Armstrong (1997) is seen as a means of aiding a consumer in the categorization of product offerings. It has also been argued that a number of elements of the brand have facilitated consumer's access to brand value as a route to categorization. De Cheratony & Dall' Olmo Riley (1998). Brand comprises meanings drawn from two distinct sources namely brand identity as coined and communicated by the brand engineer and concurrently brand meanings from the consumers point of view. In a nutshell branding could be viewed as the spectrum continuum of consumerisation that begins from the primitive selling focus of a commodity market, until it finally develops into the concept of brands as competition heightens With further intensification of competition, classic branding has emerged as brands have developed personalities. Post-modern marketing brings with it socially constructed brand meanings and increasingly cynical consumers who construct their own brand identities. ... derable evidence that, ontologically speaking, brands exist whatever definition of the brand is developed or chosen, and regardless of whether it is in a physical or virtual environment. Consequently, Trust can be defined as "the willingness of a party to be vulnerable to the actions of another party based on the expectation that the other will perform a particular action important to the trust or, irrespective of the ability to monitor or control that other party". The rapid development of e-commerce in last decade has envisioned and expanded the trust research in the context of e-commerce. More specifically, researchers found trust very important, especially, in the relationships between consumers and e-vendors (Ratnasingham 1998; Merrilees & Frye 2003). Thus several concepts of consumer's trust in e-commerce have been introduced during the decade (Tan & Thoen 2000-2001; Lee & Turban 2001; McKnight et al. 2002; Gefen et al. 2003; Tan & Sutherland 2004; Kim et al. 2005). According to these formulations and earlier research, three major elements of e-trust can be identified. These are inter-personal, institutional, and dispositional trust. Next, all these three elements are discussed in detail. Interpersonal trust means individual's trust toward another specific party or the trustworthiness of the third party Tan & Sutherland (2004). More specifically, the concept of interpersonal trust in e-commerce stresses consumer's trust toward e-vendor The concept of consumer trust in e-commerce Trust is a widely studied phenomenon across disciplines. Traditionally, researchers in the fields of psychology, sociology, social psychology, economics, and marketing have been interested in trust as an important factor affecting human behavior and relationships between different
Friday, November 1, 2019
Role of DHS to Enhance Special Operations Force Structure Essay
Role of DHS to Enhance Special Operations Force Structure - Essay Example Deconfliction is an important aspect to be careful about especially in areas of overlapping responsibility to prevent law enforcing agencies from mistakably disrupting operations. Components of DHS also included joint operations as a means to integrate federal border security efforts. The 9/11 commission has extensively stressed on the intensive collaboration with international partners, also increasing enforcement though joint efforts in the state, local and federal affairs. DHS components developed joint operations for time related surge operations in air, maritime and land border security. In order to check vulnerabilities related to insufficient staff, the officials have issued a three year grant to tribal nations/states and also the local governments have also been included to augment Border patrolling personnel and resources to offer security which benefited all sectors. For example, the joint operation outlook for the purpose of border security has resulted in the better under standing of partner capabilities. In 2007, in the Blaine sector with the joint operation, eight illegal aliens attempting to enter the United States were detained. The partners involved in the operation were DHS components including Border Patroling and ICE, while others included DoD, state and local law enforcement entities (Stana, 2011, p 15-20). Similarities between force structure of Israel, Great Britain and the United States Counter-terrorism has been designated USSCOM’s primary core task which involves the reducing the probable features of a successful terrorist attack (Groover, 2004, p12; SOF Reference Manual, 1999).The influence of the diplomatic efforts of treaties and policies will be evaluated in the light of on how the ability of land forces has defined to fulfill the nation’s global challenges. Naval and air power have historically played an important role mainly in the defense policies of Great Britain in the past and the United States at present. Resear ch suggests that Great Britain’s experience have been used by the United States to quantify historical significance on this aspect of the study (Sevcik, 2001, p2). Israel Defense Forces (IDF) similarly demonstrates the conventional military capability, coupled with nuclear weapons that are likely to deter any state to launch conventional campaign against them. Therefore, the most striking similarity in the structural features of the military forces between Israel, Great Britain and the USA is the use of high-intensity war equipments. Predicting the mode of future warfare is incredibly a difficult task but the general themes from the past and the present can definitely contribute to its theoretical content on the aspect of warfare relevance in the future. The future for all the three nations, namely Britain, Israel and the United States encompasses conventional wars of high-intensity. Predictions for the future war will mean nothing at all if the force structure of the concern ed state is not able to deal with the specialized needs of conflict (Martson, n.d. pp.1-4). Unique characteristics of SOF and Counter terror forces as compared to conventional mili
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