Basic Principles of Humanitarian Law Research Paper

Basic Principles of Humanitarian Law - Research Paper Example Given that the main research questions are; what are the common, basic humanitarian law principles and to what extent these principles are observed, the essay discusses the basic principles of humanitarian law. In humanitarian law, there are basic principles such as military necessity. Military necessity is a principle which should be observed to ensure that aid reaches those who require it, by engaging military officers to perform the function (McCormack and McDonald 6). This is because military officers are trained to address humanitarian issues even in very dangerous circumstances. They have undergone training on saving lives, protecting themselves and protecting and assisting needy victims of war or other calamities. Another humanitarian law principle is that of limited warfare, which restricts the extent to which military becomes essential so as to achieve the military objectives. Therefore, based on various circumstances, military necessity has various contours which are circumstance specific (Fleck and Bothe 123). Limited warfare entails the prohibition of warfare methods which lead to long-term, widespread and severe damages to the environment (Fleck and Bothe 124). There is also the principle of distinction which requires that there should be an appropriate distinction between activities that prevent or accelerate the war effort (McCormack and McDonald 6). Distinction requires that there should be a determination of prioritizing so that aid reaches only legitimate beneficiaries so that it does not contribute to the war effort. The principle of humanity is also a humanitarian law principle. Torture and assassinations should be prohibited. Unnecessary suffering should be limited, as much as possible (McCormack and McDonald 7).  

The effect of the United Kingdom on the business environment of the EU Essay

The effect of the United Kingdom on the business environment of the EU - Essay Example The Single European Act that was enacted through the provisions of the Treaty of Rome is a key factor in the evolvement of the EU. It created the Single Market which has been one of the greatest and most successful actions initiated by national governments in the Union. This Act was designed not only for fair trade practices but also for the purpose of mutual acceptance of qualifications, harmonizing company law, imposing taxes and levies, the support of government to industries and other aspects such as government initiatives which enhance or diminish the advantageous position of a company.In December 1992, the Member States agreed to ratify this legislation. However this is not final as the unification process is a continuous one. The Treaty of Rome contemplated a free market in goods and services. Nearly seventy per cent of the European GDP emanates from this free market. Critics argue that firms that were in operation in the previous Member States that had streamlined costs and s tandards could be slowly weakened or injured by new firms in the new Member States with substandard ethics and costs. In order to meet this eventuality the Council of Ministers has endeavoured, several times, to set up a Services Directive with a standard regulatory framework, which is under examination and has not yet been finalized (Walsh, Stephens, & Moore, 2000, p59).The United Kingdom was not only unable to accept the supremacy of the EU but it was also reluctant to abandon its sovereignty. The current position is that Tony Blair's regime also chooses to extend cooperation by way of intergovernmental arrangements. It continued this stance of ignoring the predominant role of the European Court of Justice. In the year 1997, during the Amsterdam Summit the UK government was successful in retaining its right to maintain barriers at its national boundaries (Hall & Bhatt, Policing Europe. EU Justice and Home Affairs co - operation). It had regularly interpreted the principles of free movement under the Single European Act according to its convenience and in a manner that differed from other Member States. It does not want to permit EU citizens or anyone else to travel without a passport in the UK and it upholds its right to control the travel of non - EU nationals into Britain. This opt - out position exempts the UK from implementing the provisions of the EU, which provides for less stringent passport restrictions, and from permitting immigration and granting asylum. However, the UK is bestowed with a right to opt - in to EU arrangements in the future (Hall & Bhatt, Policing Europe: EU Justice and Home Affairs co-operation). The political importance of the UK's EU policy depends upon Justice and home affairs. Two significant decisions that represent its position of keeping away from EU integration are the decision not to join the EMU and the decision to opt - out from the implementation of free - movement of goods and people. The UK's ambition is to become the most important Member State in the EU and acquire a dominant position on par with France and Germany (Hall & Bhatt, Policing Europe: EU Justice and Home Affairs co-operation). In order to fulfill its aspirations the UK will chose the opt - in option in more free - movement policies in the near future. This strategy will endow it with a major role in the formulation of the migration policies of the EU. The UK yearns to display its strong determination to obtain an increased cooperation from the police and the judiciary in order to combat organized crime. In the area of judicial cooperation the government of the UK aspires to be in a leading position in order to bring about a Union - wide judicial scope. The UK with its potentially active law - enforcement institutions and a vibrant judiciary, will create a friendly atmosphere in international cooperation. This was

Balancing Rights and Duties of Parties

Balancing Rights and Duties of Parties Introduction The letter of credit is the most commonly used method of payment for goods in international trade. This thesis highlights the imbalance of the rights and duties of the parties in a letter of credit transaction by emphasising deficiencies in the letters of credit system. In addition, on those areas where there is lack of justice and equity and which make the system of the letters of credit vulnerable for fraudulent activities. After briefly discussing the structure of the letter of credit system, it discusses the rights and duties of parties to such transactions and how the risk of the innocent buyer has increased under UCP and very often the buyer is paying for the goods he had not contracted for. It further discusses the independence principle and the doctrine of documentary compliance, that overprotection of the â€Å"independence principle†, and the lack of â€Å"reasonable care† on the part of banks provide opportunities of fraud to the sellers to obtain payment wit hout actually performing their duties to banks and buyers. It will also argues about the â€Å"fraud exception† to the independence principle, particularly the position of the fraud exception in England and the history of some decisions of English Courts. In the end it gives some suggestions to balance the rights and duties amongst parties in a letter of credit transaction. Chapter 1 Structure of a Letter of Credit Transaction Commercial letters of credit have been used for the centuries as a most common method of payment, in international trade. Letters of credit used in international transactions are governed by the International Chamber of Commerce Uniform Customs and Practice for Documentary Credits (UCP). A commercial letter of credit is a contractual agreement between a bank (issuing bank), on behalf of one of its customers (buyer), authorizing another bank (advising or confirming bank), to make payment to the beneficiary (seller). The issuing bank, on the application of its customer (buyer), opens the letter of credit, and makes a commitment with the buyer to honour the credit on the presentation of the documents, conforming to the terms and conditions of the credit, by the beneficiary. Thus, the issuing bank replaces the banks customer as the payee. Elements of a Letter of Credit A payment undertaking given by a bank (issuing bank) On behalf of a buyer (applicant) To pay a seller (beneficiary) for a given amount of money On presentation of specified documents representing the supply of goods Within specified time limits Documents must conform to terms and conditions set out in the letter of credit Documents to be presented at a specified place Beneficiary Beneficiary is normally the provider of the goods or services and is entitled to payment as long as he can provide the conforming documents required by the letter of credit. The letter of credit is a distinct and separate transaction from the underlying contract (contract between seller and buyer). All parties deal in documents and not in goods. The issuing bank is not liable for performance of the underlying contract between the buyer and seller. The issuing banks obligation to the buyer-applicant is to examine all documents to insure that they are in compliance with the terms and conditions of the credit. To get the payment it is for the beneficiary to provide all the required documents. If the seller-beneficiary conforms to the letter of credit, the seller must be paid by the bank. Issuing Bank The issuing banks duty to pay and to be reimbursed from its customer becomes absolute upon the completion of the terms and conditions of the letter of credit. Under the provisions of the Uniform Customs and Practice for Documentary Credits, the bank is entitled to have a reasonable time after receipt of the documents to honour the draft. The issuing banks duty is to provide a guarantee to the seller that if complying documents are presented by the seller, then the bank will make the payment to the seller, and will only pay if these documents comply with the terms and conditions set out in the letter of credit. Typically the documents requested include a commercial invoice, bill of lading or airway bill and an insurance document; but there are many others. Letters of credit only concerns with the documents, not with the goods. Advising Bank An advising bank is usually a foreign correspondent bank of the issuing bank which advises the seller-beneficiary. Generally, the beneficiary wants to use a local bank to insure that the letter of credit is valid. In addition, the advising bank is responsible for sending the documents to the issuing bank. The advising bank has no other obligation under the letter of credit. Therefore, if the issuing bank does not pay the beneficiary, the advising bank is not obligated to pay. Confirming Bank At the request of the issuing bank, the correspondent bank may confirm the letter of credit for the seller-beneficiary and obligates itself to insure payment under the letter of credit. The confirming bank is usually the advising bank. There are two main types of Letters of credit: (1) Revocable (2) Irrevocable Revocable Letter of Credit Revocable letter of credit is not a commonly used type of the letters of credit. This type of letter of credit can be revoked by the issuing bank at any time, without notification to the beneficiary, for any reason. Such type of letter of credit can not be confirmed by the correspondent bank and the bank will act as an advising bank only. A revocable letter of credit can not be revoked after the presentation of the documents, if the documents are conforming to the terms and conditions of the letter of credit and the payment has been made. Irrevocable Letter of Credit Use of irrevocable letters of credit is very common in international trade. Irrevocable letter of credit can not be revoked or changed without the consent of the beneficiary. Issuing bank will make the payment to the seller, if the seller presents the documents complying with the terms of the credit, as agreed between seller and buyer. Such a letter of credit can only be changed with the permission of both buyer and seller. If it is not clear from the letter of credit that whether it is revocable or irrevocable, it automatically considers as irrevocable. Irrevocable letters of credit are of two kinds: Unconfirmed credit In case of unconfirmed letter of credit, advising bank does not confirm the credit to the seller and the issuing bank is the only party responsible for payment to the beneficiary. Advising bank will only pay to the seller after getting payment from the issuing bank and there is no risk for the advising bank. Confirmed credit In this type of credit, advising bank confirms credit to the seller. When the advising bank confirms that the documents presented are conforming to the terms of the credit, it will make the payment to the seller, and after that advising bank will contact with the issuing bank to get the payment. This type of letter of credit is commonly used, when the seller is unfamiliar with the issuing bank. Such a type of letter of credit is quite expensive because the banks have some liability. Step-by-step process In international trade as the buyer and seller are in different countries so when the buyer and the seller of the goods agree to conduct business, than because of the gap of time between delivery of goods and the payment, usually the seller wants a letter of credit as a guarantee of payment from the buyer. Than the buyer makes a request to his bank called the issuing to open a credit in the favour of the seller. at the request of the buyer, issuing bank issues a letter of credit in favour of the seller and forwards it to the corresponding bank called the advising or conforming bank., which is usually located in the sellers country. Advising bank than either confirms the credit or not, depending upon the type of credit, and forward it to the seller. Seller than ships the goods and collects the documents required in order to meet the requirements of the letter of credit and finally to get the payment in time. Seller presents the required documents to the advising or confirming bank in order to get the payment in time. Advising or confirming bank examines the documents presented by the seller to check that whether they are conforming to the terms and conditions of the letter of credit. If the documents are in compliance, advising or confirming bank, in case of confirmed letter of credit, will make payment to the seller and will be reimbursed from the issuing bank and in case of unconfirmed letter of credit, advising or confirming bank will forward the documents to the issuing bank. Than the Issuing bank will, after examine of the documents, debit the buyers account if the documents are in compliance to the terms of the letter of credit. In the end, Issuing bank forwards the documents to the buyer. Most commonly used documents in a letter of credit transaction include: Commercial Invoice It includes a description of merchandise, price, FOB origin, and name and address of buyer and seller. The buyer and seller information must correspond exactly to the description in the letter of credit. Bill of Lading It is a document which shows the receipt of goods for shipment by a freight carrier. It is an evidence of the control of the goods and also acts as an evidence of the carriers obligation to transport the goods to their proper destination. Warranty of Title A warranty given by a seller to a buyer of goods that states that the title being conveyed is good. It is generally issued to the purchaser. Letter of Indemnity It is a letter specifically indemnifies the purchaser against a certain stated circumstance. Indemnification is generally used to guarantee that shipping documents will be provided in good order when available. Common Defects in the documents presented A discrepancy is some defect in the documents presented by the seller, which show their non-compliance with the terms of the letter of credit. Issuing bank can not change the terms and conditions of the letter of credit with out t he permission of the buyer. Therefore to avoid any delay in getting payment. Beneficiary should be careful in preparing the required documents. Common defects in the documents presented by the seller include: If the description of the goods is not consistent. There is some error in the insurance documents. If the draft amount is not equal to invoice amount. Loading and destination ports are not same as provided by the letter of credit. Merchandise description is not same as in the credit. If any of the documents required by the credit is not presented. Documents are generally inconsistent such as quality, etc. If the names of the documents required are not correct, as mentioned in the credit. Invoice is not signed as provided in the letter of credit. If prior to the presentation of the draft, Letter of Credit has expired. If the date mention in the bill of lading is different from the date stated in the credit. If there are some changes in the invoice which are not authorized by the letter of credit. In international sales, as the seller and the buyer are in different countries, there is a common problem of payment due to the difference of time between dispatch and delivery. Obviously, seller would like to receive payment for the goods when delivering them to the carrier and the buyer would prefer to delay the payment of the price until receipt of the goods. Therefore, a letter of credit solves this problem between the seller and the buyer. Generally, there are three separate transactions in a letter of credit transaction. The first is between a seller and a buyer, called an underlying transaction, by which the seller provides contracted goods to the buyer. The second transaction is between the buyer-applicant and the bank (issuer of the letter of credit), in which the bank issues a letter of credit to the seller-beneficiary. Finally, the letter of credit itself creates a relationship between the issuer and the beneficiary, in which, the issuer makes payment for goods upon the beneficiarys presentation of the required documents, in accordance with the terms and conditions of the letter of credit as agreed between seller and buyer. The banks performance of payment is conditional on the delivery of conforming documents by the beneficiary. The banks are called issuers and are usually the applicants bank. Normally the issuing bank opens a letter of credit in its own name and requests its correspondent bank to notify the sel ler about the letter of credit. Sometimes, the issuing bank instructs the correspondent bank not only to notify the seller of the issuing banks undertaking but also to add a confirmation. In this case, the credit is known as a confirmed credit and the correspondent bank as a confirming bank. The payment obligation of the issuing bank depends upon the beneficiarys presentation of complying documents to the confirming bank or to any other nominated bank, in accordance with the terms and conditions of the credit. Under general practice, presenting â€Å"complying documents† means that they comply with the conditions of the credit â€Å"on their face†. From banking point of view, compliance â€Å"on their face† of the presented documents is sufficient. The â€Å"independence principle† (which will be discussed later) is the fundamental principle of the letter of credit system, which prohibits banks from looking beyond facial compliance of the documents, and t herefore exclude whether or not there is actual performance by the seller-beneficiary. In fact, letters of credit system has emphasised the independence principle to such an extent that banks are ignoring the performance of the underlying contract very confidently. As a result, all the risk is on the honest buyers, who are sometime paying for goods that they had not contracted for. Importance of the research The primary purpose of the letter of credit system is to facilitate international trade, rather than to provide an opportunity to the banks to make profit. As the fraud is very common in these days, but UCP is not designed to prevent fraud. The number of frauds relating to the letters of credit has increased over the years. Buyers are particularly vulnerable to such practices under the letter of credit system. This situation shows that there is some ambiguity in the letter of credit system and a lack of balance between the rights and duties of the parties to a letter of credit transaction, which is being exploited very easily by fraudsters. Division of risk under a Letter of Credit Transaction As we have discussed above, a letter of credit transaction consists of three linked but independent contracts. The first step is that the buyer makes a contract with the seller for the sale of goods, called the underlying contract. Subsequently the buyer signs an application form requesting the bank to open a credit, which is an arrangement between the buyer and the bank. The third step is that the issuing bank informs the seller, who is the beneficiary of the letter of credit, of the credit and promises to pay against the stipulated documents provided the terms and conditions of the credit are met. The letter of credit allocates risk between the applicant and the beneficiary. By postulating a letter of credit, the beneficiary may greatly reduce the risk of not being paid and ultimately allowing the beneficiary of the letter to reallocate the risk of non-payment for delivered goods which do not conform to the underlying sale contract. Generally, banks are reluctant to dishonour a credit, since to do so may damage the banks reputation as a credit issuer. The cost of honour, however, falls on the honest applicant, not the bank. â€Å"If the beneficiary has breached the underlying transaction, payment under the credit to him will occasion loss, but that loss will not be the banks; it will be the applicants.† Increase in the applicants risk and decrease in the banks risk under UCP UCP is the governing law of the letters of credit, therefore there should be a balance regarding the rights and duties of the parties, but UCP contains rules that reduce bank risk. There is no provision asking for judicial intervention to compensate letter of credit parties in case of banks negligence. The provisions in favour of banks fall into two categories. The first provides sweeping immunity from liabilities that national legal systems may impose. Example of such a disclaimer is Article 15. Under Article 15, banks assume no liability for the genuineness, falsification or legal effect of any documents and therefore the issuer is immune from the liability for paying against forged documents, which on their face appear regular. Therefore, the payment by the issuing bank does not show that the buyer has received the goods, which he had contracted for. The security, which the beneficiary is getting under the letter of credit system is not the same with the security of the buyer. The second category of pro-bank provisions contains rules that set precise boundaries on what the banks must do, which reduces uncertainty about bank responsibility and provides clear guidance to bank employees. For example, the customer cannot stipulate non-documentary conditions of payment, and time limits on examination of documents are fixed rather than open-ended. In case of any loss, the buyer, which is the applicant for a credit, can take action against the seller for breach of contract or fraud, but has no right of action against the bank for banks negligence in examining the documents, which can be ineffectual for several reasons, such as insolvency of either the applicant or the beneficiary. Hence the burden of risk on the applicant is more than any party in a letter of credit transaction and in most of the cases, buyers are paying for the goods Chapter 2 UCP and letters of credit Originally UCP has been drafted by the Banking Commission of the ICC, which was comprised of the representatives of the banking community, which shows the dominance of the banks and banking experts. Their dominance in UCP drafting hints that in drafting UCP. ICC was acting as a private legislature. It looks that the rules contain in the UCP are much beneficial for the banks than any other party, and giving a limited chance to the judiciaries to interfere to protect customers from any careless behaviour of the banks. The authority to interpret the UCP rests in the ICCs Commission on Banking Technique and Practice, which can apply these interpretations to solve the problems arising in any case. Because of wide publicity and distribution of commissions answers, their interpretation can be considered as an official interpretation of the UCP. Commission can enhance, interpreting, and sometimes amend the provisions of the UCP. The banks which deal with the letters of credit, act upon these interpretations and any amendments. As in theory, commission is only answerable to ICC members, therefore the chances of any challenge to such interpretation is very low. Role of courts in a letter of credit transaction In Discount Records Ltd. v. Barclay Bank Ltd., the judge was reluctant to â€Å"interfere with bankers irrevocable credit and not least in the sphere of international banking†. The position is same in many other cases. The apparent reason for the reluctance of the judges to interfere looks that they are afraid from the threats of the banking experts that their decisions would have an unfavourable affect on international trade. The difficulties of the courts to balance the rights and duties of all parties to a letter of credit transaction have increased. In Mannesman Handel AG v. Kaunlaran Shipping Corporation, the Swiss bank argued that the bank was in rejecting the documents by the German company relying on the independence principle and the discrepancies appeared on the documents. The court was asked not to apply the good faith principle otherwise the court â€Å"would be calculated to undermine if not destroy the doctrine of strict compliance and to blur if not extinguish the distinction between transactions concerning goods and transactions concerning documents.† Normally the judicial decisions relating to the legal aspects of documentary credits base on either the express intentions of the parties or established business practice at the time, the parties entered in a contractual relationship. In cases where the UCP provisions are different from business practice, a court will apply the UCP if the UCP is incorporated in the contract of the parties. It shows that courts have assented to the entire documentary credit system being run by the banking industry and eventually abstaining the courts to intervene to balance the legal rights and duties amongst all the parties. Should the UCP have the status of law? Leading scholar Professor Ross Buckley says: â€Å"originally, the UCP was neither designed nor intended to be law. It was prepared as a set of standard terms to be incorporated by reference into letters of credit by those parties who chose to do so.† This has also been confirmed by the UCP in the preface of UCP 500, which states that the UCP is not legislation but a compilation of rules made by bankers for their own industry. Therefore there is a dispute as to whether the UCP is a code of the law, or just customary practices, or some mutually consented regulations relating to letters of credit. However in fact, UCP is the governing law of the letters of credit. Banks risk under UCP (exemption clauses) Article 15 and 18 (b) of the UCP 500, limits the liability of the banks in a letter of credit transaction and which have almost made it a risk free transaction for the banks. Article 15 says: â€Å"Banks assume no liability to or responsibility for the form, sufficiency, accuracy, genuineness, falsification or legal effect of any document(s) or for the general and/or particular conditions stipulated in the document(s) or superimposed thereon, nor do they assume any liability or responsibility for the description, quantity, weight, quality, condition, packing, delivery, value or existence of the goods represented by any document(s) or for the good-faith or acts and/or omissions, solvency, performance or standing of the consignors, the carriers, the forwarders, the consignee or the insurers of the goods or any other person whomsoever.† Article 18(b) further states: â€Å"Banks assume no liability or responsibility should the instructions they submit not be carried out, even if they have themselves taken the initiative in the choice of such other bank(s).† The UCP 500 places the applicant-buyer in an absurdly vulnerable position through its disclaimer clauses. To some extent there is a lack of duties on the part of the bank to verify the authenticity of the documents. Hence it might not be wrong to say that albeit there is a waste increase in the use of letters of credit, does not signify that the UCP is fairly drafted. Letters of credit and its users It is also very important that whether all the parties to the letter of credit, particularly applicant-buyer are conscious about the presence of these exemptions, e.g. by providing a copy of these exemption clauses of the UCP or by giving a notice of these exemption clauses. It is a rule that to enforce an exemption clause, a reasonable notice should be given to the other party but in practice, buyers are assume to have the notice of the UCP and that they are familiar with the provisions of the UCP. Further, the application for the issuance of a letter of credit and the letter of credit document itself only contain a simple sentence: â€Å"Subject to UCP for Documentary Credits†, without any attachment of the provisions of the UCP or any notice of such exemption clauses. Hence it is debatable that why the courts do not look, while dealing with the cases relating to the letters of credit, that whether a reasonable notice has been given relating to the exemption clauses and do n ot interfere to balance the rights and duties of the parties to a letter of credit transaction? Chapter 3 Doctrine of strict compliance and independence principle It is a basic rule of the letter of the credit transaction and which is widely recognised that the letters of credit are transactions independent of the underlying contracts on which they are based. According to this principle, the issuer has no concern with the underlying contracts between buyer and seller. Its concern is with documents only, rather than the goods or any type of services. Obviously there are some doubts about this principle, i.e. to what extent this principle should be applied. Which some tome may cause injustice to the applicant under certain circumstances. Independence Principle Generally, letter of credit is a contract between the issuer and the seller of the goods, which is independent of the underlying contract between the seller and the buyer. The independence principle is mentioned in Article 3 and Article 4 of the UCP. Article 3 states: â€Å"Credits, by their nature, are separated transactions from the sales or other contract(s), even if any reference whatsoever to such contract(s) is included in the Credit.† Article 4 further says: â€Å"In credit operations all parties concerned deal with documents and not with goods, services and/or other performances to which the documents may relate.† From the very beginning independence principle governs letter of credit transactions and very clearly states that the credits are completely separate from their underlying transactions and the issuer makes payment depending on the conformity of the documents presented according to the terms and conditions of the credit without considering the performance of the underlying contract by the beneficiary. Under this principle, bank is only under a duty to accept the conforming documents and should not get involved in the performance of the contract between seller and buyer. Further it has no concern about any debt obligations and other claims between the seller and the buyer. May commentators accept that for the workability of the letter of credit system, the strictest observance of this principle is indispensable. In this chapter we will discuss that how the banks deal with documents and about relationship between bank and other parties in a letter of credit transaction. As Lord Justice Jenkins stated in Malas (Hamzeh) Sons v British Imex Industries Ltd: â€Å"It seems to me plain that the opening of a confirmed letter of credit constitutes a bargain between the banker and the vendor of the goods, which imposes upon the banker an absolute obligation to pay, irrespective of any dispute there may be between the parties on the question whether the goods are up to contract or not.†¦Ã¢â‚¬  The issuing bank does not have any concern with the shipping of the goods or whether the goods are conforming or not whether the documents actually represent those goods which the buyer contracted for. This is because of the reason that the obligations of the banks in a letter of credit transaction are very limited. In this situation it is also debateable that whether under a letter of credit transaction, it would be fair to say that banks are not allowed to look beyond the presenting documents, while making payments? Status of applicant under UCP Article 1 of the UCP explains that the UCP binds all parties to the letter of credit unless otherwise provided but it is quite as who such parties are. Therefore the status of the applicant is doubtful, even it is not clear as to whether an applicant is a party to the UCP or not, and this is also to some extent obvious due to the absence of any provision in the UCP stating about the duties owed by the issuing bank toward the applicant. However courts have indicated on occasions that the contract between the bank and the applicant is similar to a contract of agency. Doctrine of strict compliance (a) Duty to pay only for conforming documents In a letter of credit transaction a bank is only bound to make payment if the beneficiary delivers the required documents. Simultaneously buyer knows that the amount will be released only if the documents are conforming according to the terms and conditions of the letter of credit. It is very much clear that the documents play a very important role in the letter of credit transaction. Their importance is so clear that without their presentation and conformity, the performance of the letter of credit transaction is impossible. Article 13(a) of the UCP provides: â€Å"Banks must examine all documents stipulated in the Credit with reasonable care to ascertain whether or not they appear, on their face, to be in compliance with the terms and conditions of the Credit. Compliance of the stipulated documents on their face with the terms and conditions of the Credit shall be determined by international standard banking practice as reflected in these Articles. Documents which appear on their face to be inconsistent with one another will be considered as not appearing on their face to be in compliance with the terms and conditions of the Credit.† (b) Standard of â€Å"reasonable care† Under this heading we will discuss that whether there is a any standard of reasonable care under the UCP or not and if there is a standard, toward whom, and in case of failure to exercise such care, what would be the consequences. Sub-Article 13(a) of the UCP, provides that the banks duty is to examine the documents required by the applicant with â€Å"reasonable care† to ensure that such documents are complying with the terms and conditions of the letter of credit â€Å"on their face†. To some extent, sub- Article 13(a) is ambiguous about its meaning. It is not clear that what exact standard should be exercised. UCP and even whole letter of credit system is quite about the standard of the duty of care imposed on the banks, towards whom bank should exercise such a duty of care, and what would be the consequences in case if the bank fails in exercising such a duty of care. Probably there is no answer to this question because of the fact that the rights of the applicant are not discussed under UCP. Validity of documents Article 15 of the UCP protects the banks by stating that â€Å"banks assume no liability or responsibility for the form, sufficiency, accuracy, genuineness, falsification or legal effect of any documents†. Banks are authorised to make payment without having any concern whether the documents presented by the beneficiary actually represent goods, for which the applicant contracted for. As explained above that the letter of credit is a written undertaking by the bank to make payment only if the beneficiary presents original and genuine documents as agreed by the parties. Similarly buyer also knows very well that the amount will be paid only upon the delivery of the conforming documents according to the terms and conditions of the credit. Hence the documents play a key role in the performance of the letter of credit transaction. Conformity is the only condition for the payment of the amount. In practice, a bank very often takes security for the payment it makes under the letter of credit transaction. Such a security is provided by the documents of title f

Does College Help :: essays research papers

College or technical schools are supposed to be the gateway to higher paying careers, but most are not all that they are cracked up to be. The standards and goals that society wants met are continually not being met by the students today. Also, many higher learning facilities lack the funds to provide positive learning environments for students. For these reasons and many more are keeping the students of today from benefiting fully from schools.   Ã‚  Ã‚  Ã‚  Ã‚  Society today has to make some new choices for the students of tomorrow, choices that will carry them into the next millennium. Society can either “lower standards so that everybody “passes'; in a way that looses all meaning in the real world'; or “ raise standards and then meet them'; (Barber 479). I personally believe in raising our expectations and doing whatever is needed to meet them. Our countries standards are among the lowest in the world and “ at the same moment as we are transferring our responsibilities to the shoulders of the next generation, we are blaming them for our own generation’s most conspicuous failures'; (Barber 472). Every election year the candidates use something about education as one of their platforms, but few ever carry through with them once they are elected. Most education bills die in congress in some shape or another and the ones that actually make it through congress, are usually ineffective because t hey have been changed and modified to the point of ineffectiveness.   Ã‚  Ã‚  Ã‚  Ã‚  Also, many of the learning facilities today lack the funding to provide adequate, positive learning environments for students. Underpaid teachers and professors who “ make less than accountants architects, doctors, lawyers, engineers, judges, health professionals, auidiors, and surveyors'; and thus many student disregard teachers as role models. If people see someone who can score touchdowns or dunk a basketball making millions while their teachers are scraping bottom to survive, then how can an educator possibly motivate them to learn (Barber 470). Many people chase after their “dreams'; of money instead of seeing the reality of learning. Although society today rates an education as one of their top priorities, they still allow learning facilities to become broken and run down. Like animals, children and adults file into buildings with bad floors, horrible plumbing, leaky roofs and ceilings, and pack into desk, usually 35+ per educator. Today the gove rnment spends $35,000 a year to keep someone behind bars and only a fraction of that to keep them in school (Barber 475).

Women and Alcohol

One important problem that requires attention in the society is alcoholism.   Through the course of history, it had been noted that alcohol consumption had established prevalent stance in the society, which is mainly in relation to gatherings and social occasions.Most cases of alcoholism are attributed to men rather than women. Limit of alcohol intake, though, defines the social issue on alcoholism. In this fast changing world, even women nowadays are binging in alcohol when there are occasions and during problems and distress. Too much consumption of alcohol leads to alcoholism. When abuse comes in, alcohol then becomes a threat not only to the person himself but to the community as well.Due to the fact that the issue on alcoholism covers every gender of the society both directly and indirectly, problems can be identified at different levels and subgroups.   The issue on alcoholism that threatens the women population is the main focus in this study.   The reasons that were vie wed are in relation to shifting role of the women in the society.   They are now occupying roles of increasing importance.   This issue had generated concern due to more serious effects of alcoholism in women as compared to the male population as ascertained ailments and even death.This paper aims to discuss the effects of alcohol in women as compared to men. A clearer understanding of how the physical, mental and social well being of women were affected by alcohol will be given. Further remedies and solution to the problem will also be tackled.Identifying the components where recovery will be made possible is also given in the end. This includes the alcoholic individuals, their family and social network, the community and other related environment. Achieving health for the whole population is the key towards success and this can be done by overcoming the problem related to alcohol.Alcohol as a threat to the physical, mental and social well-beingMany people nowadays consider alc ohol as an important constant companion during social gatherings. People can be found drinking alcohol whenever there are occasions, parties and even on dates. Women are expected to take more care of themselves rather than men. On the other hand drinking alcohol in a moderate way has been a subject of controversy. This is because the physical and mental health has been put into test due to rampant alcohol drinking.Attaining a physically fit body and a stabilized mind is now difficult for women who drink alcohol. It has numerous disadvantages aside from the temporary enjoyment that they received during socializations. Women are described as the weaker sex and this makes the situation harder as compared to men who are usual alcohol drinkers.Drinking in moderate amounts during special occasions is not exactly harmful.   What actually poses as a problem is the tendency for people to abuse their drinking behavior. Seeking solution to the problem of alcoholism, thus, require the coopera tion of every member of the society due to the fact that it is not only the alcoholics that become the target of the detrimental effects of alcoholism.Alcoholism and its SymptomsAlcoholism is considered as one health problem which has usual symptoms like loss of control, craving, physical dependence and tolerance.Craving manifests in the constant and strong compulsion to drink. More often women wanted to feel a sense of equality with men. This will make their craving towards alcohol be the same with men. It results to loss of control by exhibiting lack of concept of limitation when alcohol is already in front of them.Tolerance on the other hand is the need of the person to drink in bulk to get their groove. Once the physical and mental state is consumed by alcohol, physical dependence leaves the alcoholic with the withdrawal symptoms of sweating, anxiety or nausea if they are not able to drink for a long period.These symptoms are the main reasons that can bring about problems in the family and society.   This is due to the fact that in their search for the probable solution, they tend to consider giving the alcoholics what they are craving for, thus, escalating the problem and intensifying the possible effects.The tendency for men and women to be alcoholic is a genetic trait but there may be differences in the genes and psychosocial disposition involved. This can be related to the differences in not only the physical but also emotional and mental make-up that results into the varying reactions to particular stimulus.The effect of alcohol on women drinker causes great concern due to the fact that it has tremendous effect in the family and in the society as well.   Women have an important role that consist of inculcating values to the family and weaken their role as the model in the family.

Relation between Error in Healthcare prescription and the inconsistency in Technological information Essay

Relation between Error in Healthcare prescription and the inconsistency in Technological information Introduction Background Information            A lot of errors are occurring within the healthcare field lately. They are a result of many factors. Among the principle causes of error are related to wrong prescriptions. As indicated by Benjamin (770), one of the elements that is playing a key role ion this is the use of advanced technological methods. Computers have been used to aid in the computerized entry of prescription orders. Depending on the intensity of the prescription, they can result in serious injuries on the patient or even lead to fatality incidences. In turn, they lead to unnecessary court cases and legal suits that eventually cost many healthcare institutions and practitioners a lot of money that is paid to cater for the damages (Carroll 52-8). As such, there is a need to study the main causes of wrong prescription to ensure that such avoidable consequences are kept at their possible minimal rates. The main questions that will be answered in this study include:            What are the most common types of error in healthcare prescriptions?            What kind of information technology is used in the provision of proper prescription?            Are there specific errors that are related to inconsistently provided information in the same prescription order entry? Methodology            In this study, both primary and secondary data collection methods will be employed. It will include the use of surveys for the collection of first-hand information. In this sense questionnaires and interviews from the participants will also be used to gather information for the data. For accuracy and proper validation, these will be combined with secondary sources such as the national health statistics (Wu, Pronovost, Morlock 88). Data analysis            In this study, the..method of data analysis will be used. The method mainly†¦. Findings            Previous research performed on this topic revealed that†¦..Thus, in relation to this study, it was evident that†¦.. Conclusion It is important that the laid down professional ethics are adhered to in different fields. This is especially within the medical field where a slight mistake can lead to            devastating consequences. Therefore, healthcare providers are always obligated to use the knowledge that they acquired in their studies as well as new knowledge and practices appropriately. They should ensure that drugs are prescribed in the most proper ways to avoid errors. In particular, computerized drug entries should be counterchecked to eliminate disparities. However, owing to the continuous change in the nature of disease processes and hence the production of advanced drug formulas, there is need to conduct more research. These will provide more guidance to guarantee safe drug prescription by providers of healthcare services using new technological methods. References Benjamin, D. M. Reducing medication errors and increasing patient safety: case studies inclinical pharmacology. Journal of Clinical Pharmacology. 2003; 43:768–83. Carroll, P. Medication issues: the bigger picture. RN. 2003; 66(1):52–8. Wu, A. W., Pronovost, P., and Morlock, L. ICU incident reporting systems. Journal of Critical Care. 2006; 17(2):86–94 Source document

Is the Unites States Political System a Legitimate Essays

Is the Unites States Political System a Legitimate Essays Is the Unites States Political System a Legitimate Democracy? In any system which claims to be democratic, a question of its legitimacy remains. A truly democratic political system has certain characteristics which prove its legitimacy with their existence. One essential characteristic of a legitimate democracy is that it allows people to freely make choices without government intervention. Another necessary characteristic which legitimates government is that every vote must count equally: one vote for every person. For this equality to occur, all people must be subject to the same laws, have equal civil rights, and be allowed to freely express their ideas. Minority rights are also crucial in a legitimate democracy. No matter how unpopular their views, all people should enjoy the freedoms of speech, press and assembly. Public policy should be made publicly, not secretly, and regularly scheduled elections should be held. Since "legitimacy" may be defined as "the feeling or opinion the people have that government is based upon morally defensible principles and that they should therefore obey it," then there must necessarily be a connection between what the people want and what the government is doing if legitimacy is to occur. The U.S. government may be considered legitimate in some aspects, and illegitimate in others. Because voting is class-biased, it may not be classified as a completely legitimate process. Although in theory the American system calls for one vote per person, the low rate of turnout results in the upper and middle classes ultimately choosing candidates for the entire nation. Class is determined by income and education, and differing levels of these two factors can help explain why class bias occurs. For example, because educated people tend to understand politics more, they are more likely to vote. People with high income and education also have more resources, and poor people tend to have low political efficacy (feelings of low self-worth). Turnout, therefore, is low and, since the early 1960s, has been declining overall. The "winner-take-all" system in elections may be criticized for being undemocratic because the proportion of people agreeing with a particular candidate on a certain issue may not be adequately represented under this system. For example, "a candidate who gets 40 percent of the vote, as long as he gets more votes than any other candidate, can be electedeven though sixty percent of the voters voted against him"(Lind, 314). Political parties in America are weak due to the anti-party, anti-organization, and anti-politics cultural prejudices of the Classical Liberals. Because in the U.S. there is no national discipline to force citizens into identifying with a political party, partisan identification tends to be an informal psychological commitment to a party. This informality allows people to be apathetic if they wish, willingly giving up their input into the political process. Though this apathy is the result of greater freedom in America than in other countries, it ultimately decreases citizens incentive to express their opinions about issues, therefore making democracy less legitimate. Private interests distort public policy making because, when making decisions, politicians must take account of campaign contributors. An "interest" may be defined as "any involvement in anything that affects the economic, social, or emotional well-being of a person." When interests become organized into groups, then politicians may become biased due to their influences. "Special interests buy favors from congressmen and presidents through political action committees (PACs), devices by which groups like corporations, professional associations, trade unions, investment banking groupscan pool their money and give up to $10,000 per election to each House and Senate candidate"(Lind, 157). Consequently, those people who do not become organized into interest groups are likely to be underrepresented financially. This leads to further inequality and, therefore, greater illegitimacy in the democratic system. The method in which we elect the President is fairly legitimate. The electoral college consists of representatives who we elect, who then elect the President. Because this fills the requirement of regularly scheduled elections, it is a legitimate process. The President is extremely powerful in foreign policy making; so powerful that scholars now speak of the "Imperial Presidency," implying that the President runs foreign policy as an emperor. The President is the chief diplomat, negotiator of treaties, and commander-in-chief of the armed forces. There has been a steady growth of the Presidents power since World War II. This abundance of foreign Presidential power may cause one to believe that our democratic system is not legitimate. However, Presidential power in domestic affairs is limited. Therefore, though the President is very powerful in certain areas, the term "Imperial Presidency" is not applicable in all areas. The election process of Congress is

Hitler Essays - Adolf Hitler, Chancellors Of Germany, Hitler Family

Hitler Essays - Adolf Hitler, Chancellors Of Germany, Hitler Family Hitler Hitler, Adolf (1889-1945) Early Years Hitler was born in Braunau am Inn, Austria, the son of a minor customs official and a peasant girl. A poor student, he never completed high school. He applied for admission to the Academy of Fine Arts in Vienna twice but was rejected for lack of talent. Staying in Vienna until 1913, he lived first on an orphan's pension, later on small earnings from pictures he drew. He read voraciously, developing anti-Jewish and antidemocratic convictions, an admiration for the outstanding individual, and a contempt for the masses. In World War I (1914-1918), Hitler, by then in Munich, volunteered for service in the Bavarian army. He proved a dedicated, courageous soldier, but was never promoted beyond private first class because his superiors thought him lacking in leadership qualities. After Germany's defeat in 1918 he returned to Munich, remaining in the army until 1920. His commander made him an education officer, with the mandate to immunize his charges against pacifist and democratic ideas. In September 1919 he joined the nationalist German Workers' Party, and in April 1920 he went to work full time for the party, now renamed the National Socialist German Workers' (Nazi) Party. In 1921 he was elected party chairman (Fhrer) with dictatorial powers. Rise to Power Hitler spread his gospel of racial hatred and contempt for democracy. He organized meetings, and terrorized political foes with his personal bodyguard force, the Sturmabteilung (SA, or Storm Troopers). He soon became a key figure in Bavarian politics, aided by high officials and businessmen. In November 1923, a time of political and economic chaos, he led an uprising (Putsch) in Munich against the postwar Weimar Republic, proclaiming himself chancellor of a new authoritarian regime. Without military support, however, the Putsch collapsed. As leader of the plot, Hitler was sentenced to five years' imprisonment and served nine months, which he spent dictating his autobiography Mein Kampf (My Struggle). The failure of the uprising taught Hitler that the Nazi Party must use legal means to assume power. Released as a result of a general amnesty in December 1924, he rebuilt his party without interference from those whose government he had tried to overthrow. When the Great Depression struck in 1929, he explained it as a Jewish-Communist plot, an explanation accepted by many Germans. Promising a strong Germany, jobs, and national glory, he attracted millions of voters. Nazi representation in the Reichstag (parliament) rose from 12 seats in 1928 to 107 in 1930. During the following two years the party kept expanding, benefiting from growing unemployment, fear of Communism, Hitler's self-certainty, and the diffidence of his political rivals. Nevertheless, when Hitler was appointed chancellor in January 1933, he was expected to be an easily controlled tool of big business. Germany's Dictator Once in power, however, Hitler quickly established himself as a dictator. A subservient legislature passed the Enabling Act that permitted Hitler's government to make laws without the legislature. The act effectively made the legislature powerless. Hitler used the act to Nazify the bureaucracy and the judiciary, replace all labor unions with one Nazi-controlled German Labor Front, and ban all political parties except his own. The economy, the media, and all cultural activities were brought under Nazi authority by making an individual's livelihood dependent on his or her political loyalty. Thousands of anti-Nazis were taken to concentration camps and all signs of dissent suppressed. Hitler relied on his secret police, the Gestapo, and on jails and camps to intimidate his opponents, but many Germans supported him enthusiastically. His armament drive wiped out unemployment, an ambitious recreational program attracted workers and employees, and his foreign policy successes impressed the nation. He thus managed to build support among the German people; he needed their support to establish German rule over Europe and other parts of the world. Discrediting the churches with charges of corruption and immorality, he imposed his own brutal moral code. He derided the concept of human equality and claimed racial superiority for the Aryans, of which he said the Germans were the highest form. As the master race, they were told, they had the right to dominate all nations they subjected. The increasingly ruthless persecution of the Jews was to inure the Germans to this task. Hitler successfully appealed to a Germany that was humiliated by defeat in World War I and the Treaty of Versailles of 1919. Many Germans, and even other Europeans, believed that the terms of the treaty were too harsh, and Hitler was successful in defying some of them. His efforts to rearm Germany in 1935 met with little protest from other European

Spanish Punctuation Rules for Beginners

Spanish Punctuation Rules for Beginners Spanish and English are similar enough in their punctuation that a beginner might look at something in Spanish and not notice anything unusual except for a few upside-down question marks or exclamation points. However, there are a few differences, some of them subtle, in the way the two languages are punctuated. Questions and Exclamations As already mentioned, the most common difference is the use of inverted question marks and exclamation points, a feature that is almost unique to Spanish. (Galician, a minority language of Spain and Portugal, also uses them.) The inverted punctuation is used at the beginning of questions and exclamations. They should be used within a sentence if only part of the sentence contains the question or exclamation.  ¡Quà © sorpresa! (What a surprise!) ¿Quieres ir? (Do you want to go?)Vas al supermercado,  ¿no? (Youre going to the supermarket, arent you?)No va  ¡maldito sea! (Hes not going, darn it!) Dialogue Dashes Another difference youre likely to see often is the use of a dash - such as the ones separating this clause from the rest of the sentence - to indicate the beginning of dialogue. The dash is also used to end dialogue within a paragraph or to indicate a change in speaker, although none is needed at the end of dialogue if the end comes at the end of a paragraph. It isnt necessary to start a new paragraph with a change in speaker as is customary in English. These dashes are used by many writers instead of quotation marks, although the use of quotation marks isnt uncommon. Less common still is the use of angular quotation marks, which find more use in Spain than Latin America. -  ¿Vas al supermercado?- le preguntà ³. - No sà ©. (Are you going to the store? he asked her.  ¶I dont know.) Punctuation Within Numbers A third difference youll see in writing from Spanish-speaking countries is that comma and period usage in numbers is reversed from what it is in English; in other words, Spanish uses a decimal comma. For example, 12,345.67 in English becomes 12.345,67 in Spanish, and $89.10 becomes $89,10. Publications in Mexico and Puerto Rico, however, generally use the same number style as is used in the United States. Other less common or less significant differences in punctuation between Spanish and English are detailed in a more advanced lesson on punctuation.

Organizational behavior case study Research Proposal

Organizational behavior case study - Research Proposal Example This paper analyses the occupational stresses, work values and job satisfaction. It also analyses ‘male’ and ‘female model’ differences which was a concern for Stewart thinking the differences between these models. Isabel Stewart, a highly experienced corporate tax lawyer at Austin and March Law firm in Philadelphia, is concerned about a junior male lawyer who is able to secure some extents of better works and to take over ‘big deal’ cases. It is not the compensation paid that she becomes dissatisfied with, but feeling of competition with a very junior person in the next office makes her think negatively and sense of complex to work with a ‘male’ guy turns her more mentally stressed. Stewart is quite different in the ways she thinks. While dealing with matters, instead of intellectual appeal, she gives importance to works in career terms. Being aware of her managerial and decision making skills, Stewart always looks forward for opportunities to improve her skills further yet. Accepting the projects or works as opportunity can be regarded to be more right way than taking it as ‘favor doing’. Stewart realizes that as a lawyer, she could have satisfied the client saying ‘I would really like to do that project’. Moreover, those who succeed in their work are not just sitting for the work in the last minutes but take it as a challenge and they are neither irresponsible nor absent minded even in the cleanliness of their desks. Stewart realizes that successful people are very energetic in doing the projects. She feels that ‘male model’ is some sort of ‘challenge’ characteristic by which one seems to be attacking the work and then making it wonderful. According to her finding out, male model is frenetic style, by which they put much efforts and energy in way more quickly moving fast and jumping around. ‘To be specific’ in dealing with clients is as imperative as quality of the work. Stewarts finds that those guys

In depth research on the difference berween Slow cooking and Fast Essay

In depth research on the difference berween Slow cooking and Fast cooking as applies to modern standards in today's industry - Essay Example A nation’s diet reveals more about its culture and values than its art or literature (Schlosser, 2002). According to Belanger (1998), the attitude towards fast food mirrors the American society: â€Å"industrialized, impersonal, dominated by big business, advertising driven, hectic, anti-environmental, and not very satisfying.† In today’s hectic world, where there is simply no time for relaxation and pleasure and the society is driven by convenience and speed, fast food seems to be the answer. Fast food requires no grocery shopping or cooking, thereby saving the labor required to do both. The slow food movement directly opposes every concept that fast food represents – blandness, uniformity, conformity and the blind worship of science and technology (Krummer, 2002). In his article, Vinci (2007) propagates the concept of slow food as eating healthily and responsibly. Although critics of slow food claim that it is elitist and unaffordable by ordinary people, Kummer uses a different range of adjectives to describe the same. According to him, they are mainly peasant foods that have been prepared the same way for centuries. They are time-tested and spring directly from regional cultures and cuisines (2002, p.12). The affinity towards industrial standardization and mass production is another reason for the increasing popularity of fast food. Fast food stems from an entirely different sort of mass culture and mass production, says Krummer (2002). One Taste Worldwide, the slogan of one of the largest fast food chains, McDonalds, perfectly sums up the homogenizing and standardizing effect that seems to have captured the taste buds of many. Savoring genuine tastes together with saving the environment is the new trend that is taking the world by storm, declares Vinci (2007). The slow food brigade is also spreading the message that food should not only be tasty but also nutritious and healthy, which

Report 2 Research Paper Example | Topics and Well Written Essays - 1250 words

Report 2 - Research Paper Example The gross national income of France has been shown in Fig: 1 Fig: 1 Gross National Income (Constant LCU) of France from 2001 - 2008 Year Gross National Income (USD) 2001 1488158021381.53 2002 1501245372339.87 2003 1521878054445.64 2004 1559210096827.65 2005 1582130189782.76 2006 1619190188756.39 2007 1661405860136.66 2008 1656522089015.02 Source:(Trading Economics, â€Å"Gross national income (constant LCU) in France†) France has maintained immense growth in current years and its national income has increased since 2001. Therefore, majority of people in France has the ability to buy the product ‘French Mousse’ for their meal as the cost is affordable. Age In the year 2010, the population of France was 65,102,719, with a growth rate of 0.549%. In the year 2010, the proportion of 0–14 years, 15-64 years and 65 years and above was 18.6%, 65% and16.4% respectively (Stanley St Labs, â€Å"France Economy†). ... Though this product can be enjoyed by every age group, children normally prefer mousse product for meal. From the above chart it is clear that the number of persons below age 20 has increased from 2001 to 2008. Therefore, there will be ample opportunity to sale French Mousse product successfully in France. Gender France focuses mainly on family rather than individuality. The strong religious roots of France contribute to gender inequality in family dynamics of the country. Like many other countries the priority of male is work and role of female is to stay at home and take care of family and children. The following table shows the demographic gender distribution of France in 2010.   Year 2010 Total Men Women Total Population 65,026,885 31,484,794 33,542,091 Under 20 15,984,060 8,175,810 7,808,250 20 – 64 years 38,146,128 18,794,075 19,352,053 65 and above 10,896,697 4,514,909 6,381,788 Source: (INED, â€Å"Total Population†). There is no specific gender segments that enjoy French Mousse, this product can be enjoyed by all. The French Mousse is delicious and can be made at home as well. Geography France is a beautiful land of Europe which is covered by rivers, mountains and forests. Metropolitan France covers almost 200,000 square miles of Europe. It is the biggest European country in west which covers almost 5% of the‘European continent’. The capital of France is Paris. There are 4.5 million foreigners in France. People from various nations come to France. Food plays an important role in the lifestyle of France. The national pride of France is Wine and Cheese which differentiate France from other countries. People of France prefer three main meals, i.e. breakfast,

The Eighth Circuit Court of Appeals Essay Example | Topics and Well Written Essays - 500 words

The Eighth Circuit Court of Appeals - Essay Example 34). To the extent that drugs are used to treat individuals to get better, it would contradict the health practitioners’ code of ethics to prepare the individual for death. Further, this case is strengthened by the reality a case for execution cannot be substantiated after realization of insanity while in prison. The initial crime committed by Singleton is supposed to take charge in this case and he should be given the antipsychotic drugs ready for execution. The essential claim premise would dictate that the claims of such an argument be supported by a plausible claim within the rubric of written laws. The claim made on the execution of Singleton is strictly supported by the written laws in the constitution (LaFave, & LaFave, 2006, p. 91). Given the fact that he committed the crime insane conditions, he is presumed to have had full knowledge of the implications of his actions at the time. In this perspective, a case for insanity that happened thereafter cannot be used to reverse a stipulated law to relinquish the previous charges. Singleton should be restored to his sane sense to realize the events of the proceedings to his execution. From the fact that the law recognizes equity to all citizens, pardoning Singleton overruns the rights of the innocent individual whose life was cut short by S ingleton’s action. Actually, Singleton did not consider his actions even when he was sane, and a medical antipsychotic would only restore his senses to understand the charges as he faces the consequences of his actions. An objection to the above argument would be based on the health practitioner’s duty to protect life. Given that the intentions of any actions dictate whether the deed is good or bad, it would be plausible to assume that treating Singleton with the intention of execution after recovery is bad. Medicine should be administered with the sole intentions of getting individuals better and relieving them of pain to realize better lives. Further, it is

Market Entry Proposal 4 Essay Example | Topics and Well Written Essays - 2750 words

Market Entry Proposal 4 - Essay Example This essay stresses that Brazil’s income distribution is quite uneven wherein the wealthiest income groups cover almost half the GDP and most of these groups live in states of Sao Paulo and Rio De Janeiro. It has been viewed that almost all the manufacturing industries are located in Sao Paulo and there is a huge inequality of income between the lower class and upper class of people in the nation. Moreover, the crime rate in the country has been continuously increasing which poses a major threat to smartphone industry. On the other hand, demand for smartphones in Brazil has increased and the Brazilian population are inclined towards information society. This paper makes a conclusion that joint venture mode of strategy is the best approach that can be used by Xiaomi so as to enter into the Brazilian market. Therefore, it has been proposed that Telefonica must be opted by Xiaomi to joint venture with which would help it in successfully penetrating the market of Brazil. Thus, Xiaomi in order to implement joint venture effectively must follow a step by step process so as to meet its strategic objective of global market presence. .). Firstly, the desired goals and objectives must be decided by Xiaomi that would help it in deriving the desired outcomes as well. The second step for implementing joint venture is that the Brazilian market must be appropriately analysed which would help it in deriving the market potential and customer purchasing trends in Brazil.

Homeostasis and pain management in patients with multisystem failure Research Paper

Homeostasis and pain management in patients with multisystem failure - Research Paper Example Therefore, as the number of old people suffering from chronic diseases increases; the cases related to chronic pains in hospitals also increase. In addition, several old patients in hospitals experience multi system failures. There are several measures being put in place by health organizations to manage the pain experienced by the old generation as a result of multi system failures. Pain management is the practice by medical practitioners, nurse practitioners, physiotherapists and clinical nurse practitioners to reduce the pain or totally get rid of the pain that patients go through. Pain management is always done through the administration of medicine to the sick or injured patient (Hardy & Paul, 1997). This will help in reduction of pain in the patient. Homeostasis management is the practice of maintaining a stable and constant internal environment of a patient. This may involve maintaining constant body temperatures. Geriatric patients are often old people and they also undergo p ain. This paper discusses expansively the pain management that can be administered to Mrs. Elli Baker, a 73-year-old geriatric patient who was transferred to an emergency room after collapsing. Assessment of Patient. The assessment of Mrs. Baker should include all the problems that she experienced. The assessment talks about her homeostasis, oxygenation and her level of pain. The assessment also includes the physical observations made on her, observations made through technology and in the laboratory. Mrs. Baker was on two medications: lisinopril and hydrochlorothiazide. These two medications often result to the collapsing of geriatric patients. It is these two medications that led to her collapse. Mrs. Baker had problems with her oxygenation. This can be as a result of diabetes that she had experienced previously. Her oxygenation problem can be solved by introducing arterial gases into her body. Her body temperature is also an issue of concern. Mrs. Baker collapsed in her backyard may be because she was up to some difficult tasks such as physical exercises that could have led to an increase in her temperature. Mrs. Baker was also dehydrated. She had past history of diabetes and this always involves having too much sugar in the body. This can later lead to dehydration in an individual. This could be solved by administering water into the circulation system of Mrs. Baker. Mrs. Baker experienced high level of pain. This was evident because, when talking to the nurse, she had problems responding and this may have been caused by the pain she was feeling. When observed, it was evident that Mrs. Baker was undergoing pain. This was because she tended to be uncomfortable in bed, she was grunting and she showed grimace on her face. This was a clear indication of the pain that she was in. She experienced hypertension and had respiratory problems. The cause of these could be seen by introducing her to an X-ray to observe any blockages in the arteries and veins and in the respiratory system. Technological Tools. In treating Mrs. Baker’s condition, various technological tools would be used. One of the tools that would be used in treating her is a stethoscope. A stethoscope is essential and would be utilized to know the rate or speed of her heartbeats. Mrs. Baker had respiratory problems and she collapsed at her backyard. Knowing the speed of her heartbeats will be essential since this will help in knowing the kind of activity she was doing before she collapsed. In case she was doing physical exercise, the stethoscope would read her fast heartbeats and this would help the medical practitioners in solving her problem. The other technological tool that would

Market Entry Proposal 4 Essay Example | Topics and Well Written Essays - 2750 words

Market Entry Proposal 4 - Essay Example This essay stresses that Brazil’s income distribution is quite uneven wherein the wealthiest income groups cover almost half the GDP and most of these groups live in states of Sao Paulo and Rio De Janeiro. It has been viewed that almost all the manufacturing industries are located in Sao Paulo and there is a huge inequality of income between the lower class and upper class of people in the nation. Moreover, the crime rate in the country has been continuously increasing which poses a major threat to smartphone industry. On the other hand, demand for smartphones in Brazil has increased and the Brazilian population are inclined towards information society. This paper makes a conclusion that joint venture mode of strategy is the best approach that can be used by Xiaomi so as to enter into the Brazilian market. Therefore, it has been proposed that Telefonica must be opted by Xiaomi to joint venture with which would help it in successfully penetrating the market of Brazil. Thus, Xiaomi in order to implement joint venture effectively must follow a step by step process so as to meet its strategic objective of global market presence. .). Firstly, the desired goals and objectives must be decided by Xiaomi that would help it in deriving the desired outcomes as well. The second step for implementing joint venture is that the Brazilian market must be appropriately analysed which would help it in deriving the market potential and customer purchasing trends in Brazil.

Things to Know About Volleyball Essay Example for Free

Things to Know About Volleyball Essay One thing that I didn’t know about volleyball was that in 1895 William G. Morgan invented it. I also didn’t know that Volleyball has the skills of Baseball, Handball, and Tennis. Two things I already knew were how to spike and serve. Two things I already knew how to do were how to spike and serve. One more thing I didn’t know was how to jump serve. hits then without exercising. This book is based on both facts and how you would play the game. The way the author uses facts is by on page 54 it tells you step by step how to do a back set. The way I can tell the difference between the author’s presentation or fact and inference is by in all of chapter one it gives you some facts on how the game first started. One of the facts is that in 1895 William G. Morgan wanted to invent a game that had the skills of baseball, handball, and tennis. Thus inventing Volleyball. Five items you would put in a timecapsul would be: 1. A volleyball because that’s what the book is all about. 2. Tips on How to Play the game so that if someone in the future knew how to play already they could have tips to become better player’s. 3. A list of warm-ups and exercises to do to play the game better cause your have better 4.I would also put in a list of steps that you should do to know how to spike because bumping, setting, and spiking are the three main ways to get the ball over the net. 5.I would also put in a list of Volleyball Talk words because they would be good to have so when you play the game and use the words you will know what they mean and how to use them.

Working Practices for Child Protection

Working Practices for Child Protection Christine Stanescu Analyse the working practices that are needed to ensure that adults and children are protected Children are full of energy and curiosity about their environment. When they are excited about a new experience, or see something they want to do, children may not think about any possible risks or dangers. We need to be able to recognise the challenges to the safety and well-being of children and young people how we work with, and help to minimise the risks, without taking away from the excitement of their activities. Any setting should have clear polices and procedures about all aspects of Heath and safety. All rooms and equipment used by children and young people should have regular checks to ensure that everything is working well and is safe. Some of this checks are required by law, for example, for electrical equipment must be checked by a qualified electrician every year. Nursery managers should make sure that health and safety checks are carried out as required. In a case of an accident, failure to check equipment could have serious implications. Many items that are used every day have been tested for safety by the British Standards Institution. An item with a BSI means that has independently tested and confirmed that the product complies with the relevant standard and safe and reliable. Supervision is key way in which we can keep children safe. Everyone who is responsible for children must know where they are and what they are doing at all times. Sometimes, adults perceive that supervision is about preventing children from doing things, but it can also be viewed positively, often supervised children can be encouraged to do more interesting and challenging activities. At the start of a session, some settings can become very busy. Parents may be dropping their children off, sometimes with siblings, and adults in the setting may be stretched because they are keeping an eye on the children who are already there while at the same time greeting children and their parents who are arriving. To avoid children wandering out, or staff not knowing which children have arrived, it is essential that all settings must have a register. Up-to-date register is essential in case there is a fire and must importantly to ensure that staff child ration are correct. It is important that we look for ways of reminding parents not to keep doors open or to let out any children other than their own. This is itself may not be adequate and so many settings also have doorbells or buzzers that indicate when a door has been left open or is being held open. In the same way that we must create systems to help children on arrival, so we must think about childrens safety as they leave the setting. Many of the systems that are put in place for when children arrive should also be followed when children leave. It is essential that children are not released into the care of someone who is not their parent or carer unless prior notification, preferably written, has ben given by the childs parent. Physical activities is essential for children of all ages as it helps to strengthen many parts of the body including to heart, lungs, bones and muscle. Physical activity is also linked to childrens need for stimulation. What children eat and drink has a important effect on childrens health. Children should have a majority of their calorie and nutrient intake at meal times. To help adult plan meal, the Food Standards Agency has produced the eatwell plate. This can be useful when considering the composition of a healthy meal. Hand washing is an essential activity that children need to learn. It needs to become part of the physical care routine so that children automatically wash their hands after going to the toilet, before meals and after playing outdoors. The setting should have writing provision for: accident records head lice sickness medication administration consent for, and the recording of, medicine administration food hygiene sun safety Some children have ongoing medical conditions or infections that are controlled by medication and so parents may ask to be administrate medicines. As medicines are a potential hazard procedures should be put in place to ensure that correct dosages are given and they are kept out of reach of children when not being administered. For any complains that arise as a result of an incident, correct and full documentation is imperative for both children and staff alike. Explain the various Heath and safety requirements needed for children attending the setting at the various different stages of child development Health and safety in the nursery environment requires adaptation for each different age group of children that are catered for in the setting. In every nursery, there are, in most circumstances, different rooms allocated for the various age groups enrolled. For example: babies for 6 weeks to 12 months young toddler for 12months to 2 years older toddlers for 2 years to 3 years pre-school for 3 years up to 5 years. Health and safety for babies in the nursery setting is concerned with scrupulous hygiene and a safe and secure room with clean, comfortable cots which are conform to the British Safety Standards. The baby room differs others in the nursery, as is a environment where many nurseries endeavour to create a home experience for the baby. This is achieved by incorporating homely furniture, mobile and brightly coloured posters. The health and safety implication for babies are concerned with hygiene, particularly surrounding the preparation of formula milk, nappy changing and application of barrier cream. Care must be taken by staff when making up baby milk to follow the instruction for making, storing and use of the made up milk. Baby milk may be made up in advance providing it is immediately cooled under running water then stored under refrigeration and used within 24 hours. Baby milk which has been made up in advance may be warmed gently in a jug of warm water immediately before given it to the baby. Un-finished bottles of feed must be discharged. It is very important that all the equipments used to feed and to prepare feeds for babies, has been throughly cleaned and sterilised before use. Cleaning and sterilising equipment removes harmful bacteria that could grow in the feed and make the babies ill. Some mothers who are breast-feeding their babies will bring in express milk either frozen or fresh to be used in bottles. The Department of Health recommend the following guidelines for storage: up to 5 days in the main part of a fridge at 4 grade C or lower up to 2 weeks in the freezer compartment of a fridge up to 6 months in a domestic freezer at minus 18 grade C or lower. Breast milk that has been frozen can be defrosted in the fridge and can be served straight from the fridge rather than warmed. The Heath and safety requirements for toddlers and pre-schools children different from babies, primarily because they are much more mobile and therefore different types of health and safety requirements apply. Measures to maximise protection for toddlers and pre-schoolers should include: safety covers for plug sockets secured windows which prohibit toddlers attempting to climb through them shatterproof film should be fitted to windows and any glass structures within the nursery building that may pose a shattering hazard doors should contain filled safety guards to prevent children from trapping their fingers kitchen and office areas should have safety gates which remain locked to prevent access to dangerous areas equipment should be safety and securely stored to prevent toddlers accessing materials that may injure them equipment should be age-appropriate and safe for toddlers. Indoor rooms should be 18-21grade C to avoid children becoming too hot. In worm weather, this temperature may be difficult to maintain and so extra fluids must be offered and children may be encourage to take off layers of clothing. The need for fresh air is about children having opportunities to breathe more oxygenated air. Indoors this means ensuring that is adequate ventilation, which also helps prevent the spread of airborne infections. Being outdoors in the fresh air seems to help children sleep and eat better. It is also means that children have access to sunlight which can support their intake of vitamins D. It is important to take measures to protect childrens skin from direct sunlight in the summer months, in order to prevent later skin cancer, but being out in the sunshine in the winter months is good for children. Light it is important to their health because it is linked to hormone regulation and this in turn can affect the sleeping patterns as well as the mood. The healthy development of babies and childrens brains requires that they must have opportunities for stimulation. This means providing play and activities as well as opportunities for sustained interaction and conversation with adults. Evaluate the various different procedures required to cover good hygiene within the nursery setting The nursery setting will have a policy and detailed procedures for infection control based on the advice from the Health Protection Agency. Hand washing is now of the most important ways of controlling and spread of infections, especially that cause diarrhoea and vomiting, and respiratory disease. The recommended method is the use of liquid soap, warm water and paper towels. Always wash hands after using toilet, before eating it handling food and after handling animals. All cuts and abrasions need to be cover with waterproof dressings. Coughing and sneezing easily spread infections. Children and adults should be encourage to cover their mouth and nose with a tissue. They need to wash hands after using or disposing of tissues. Spitting should be discourage. Personal protection equipment. Disposable non-powdered vinyl or latex-free CE-marked gloves and disposable plastic aprons must be worn where there is a risk of splashing or contamination with blood/body fluids. Goggles should also be available for use if there is a risk of slashing to the face. Cleaning of the environment, including toys and equipment, should be frequent, thorough and follow national guidance. Head lice spread by moving from one head to another. If there is an outbreak of head lice in the setting, it is important to inform parents so that everyone can check their hear. This includes the adults. It is also advisable for hair to be tied up wherever possible to prevent the spread. In the case of a child with a development of a illness, they should be discharged from the nursery setting as soon as possible. While the child is waiting to go home they should be isolated from this peers to minimise the risk of infection to other children. For a good hygiene in the nursery, it is necessary to briefly touch upon immunisation schedules to ensure protection from childhood disease. In situation where a childs immunisation scheme is not up-to-date parents should be encourage to contact their GP surgery to organise the immunisation that need to be carried out. In many settings, parents provide nappies for their children. Like many areas of physical care, this will be liked to parents preferences. Nappies need to be changed promptly and regularly so that babies do not develop a rash. It is important to carefully follow the procedures in the setting for changing nappies to prevent cross-infection. Disposable gloves and aprons should be worn and then take off when finished. This is to avoid any traces of urine or stools being passed to babies via the hands or clothes. Dirty nappies must be immediately disposed. The area where the baby is changed need to be cleaned throughly so that it is ready for the next change. Nappies should be changed in an area which is separate from areas in which food is eaten and prepared. It is essential that food is prepared, stored and cooked hygienically as gastrointestinal infection can be particularly dangerous for children due to their immature immune system which are susceptible to viruses and bacteria. There are three principles involved in the prevention of food poisoning caused by bacteria: prevent the bacteria from coming into contact with food prevent bacteria already present on food from multiplying and spreading to other items elimination of bacteria on food Preventing the bacteria from coming into contact with food is an important first step. The kitchen area must be kept clean and anyone handling foods must have good personal hygiene. The first step that should be taken before touching any food is to wash the wands with hot water and soap. Some raw products, such us meat, poultry and fish, are likely to contain bacteria. To prevent these bacteria from coming into contact with other foods, it is essential to use separate chopping boards and knives and also to wash hands after touching them. Food brought into the nursery for childrens packed lunches should be stored appropriately at the correct temperature. Cooked food should be checked to ensure that they are the correct temperature before being given to children. Identify the contents of a first aid kit, and discuss the importance of staff training in paediatric first aid First aid is the immediate response to someone with an injury or illness. First aid can prevent the injury on effects of the illness worsening. Children have accidents and may suddenly become ill and need help. We dont need to work in a childrens setting for long before we can be in a situation requiring someone with first aid knowledge and skills. Everyone who works with children should have paediatric first aid qualification. First aid certificates need to be renewed every 3 years from the completion date of the previous qualification. It is nursery manager responsibility to keep records which are regularly reviewed to ensure that staff receive training when it is required. Ofsted has certain requirements of anyone working in an early years setting, as regards their first aid skills. The responsibility of a paediatric first aider are simple. They need to: assess any situation in which a child appears to be ill or injured to: ensure own safety, and protect from any danger prevent further injury to the child prevent injury to other children provide care to a child who has suddenly become ill or injured until either medical help or an ambulance arrives the childs parent or carer arrives prevent the condition of the child becoming worse, if possible provide reassurance to the injured or Ill child and other children who may be involved in the area pass on information about the event or circumstance to the professional help or parents. First aid equipment, including personal protection, such as gloves and aprons, is only useful if we can identify it and use it appropriately. Wherever these are children, these should always a well-equipment first aid kit, kept in place where anyone needing it will quickly find it. A first aid kit should always be taken on outings away from the setting. The first aid kit should contain: disposable vinyl or latex-free gloves to protect first aiders hands from blood and other fluids scissors for cutting dressing and possibly clothing sterile gauze pads for covering small bleeding wounds adhesive tape for securing gauze pads large combined dressings for covering large wounds stretch bandage for holding dressing in place on body or limbs crepe bandage for supporting sprains to leg or ankle triangular bandage or sling for supporting arm or shoulder injury safety pins for fastening stings eye dressing for covering eye to protect it after injury or foreign body entry plasters for covering small cuts or grazes plastic bags to disposing soiled waste notepad and pen to making notes about the incident list of items in the first aid kit for checking the contents. References assessment 3 3.1 Personal experience Open study college, Nursery management level 3, study guide, page 47-52 3.2 Personal experience Open study college, Nursery management level, study guide, page 53 54 3.3 Personal experience Food hygiene course Open study college, Nursery management level 3, study guide, page 56 60

Berendts Attitude in Midnight in the Garden of Good and Evil :: Midnight Garden Good Evil

Berendt's Attitude in Midnight in the Garden of Good and Evil "The biggest challenge . . . is finding characters worth writing about, " says John Berendt, author of Midnight in the Garden of Good and Evil. "I found a mother lode in Savannah" (Anderson 18). Berendt conveys certain attitudes towards different characters and events. He takes the same explorative and open approach to each person and situation, but his final attitudes towards them are quite varied. He behaves very differently around Jim Williams than around Joe Odom and his crew, and differently from all of them when around Lee Adler. His reactions to the news of Williams's arrest and trials vary greatly from his reaction to the Lady Chablis' singular exit from "her" job. Berendt is more reserved and plays the part of the confidant when he is in the company of Williams. From their first meeting, Williams seems ready to open up to Berendt, and the reader gets the feeling that Berendt welcomes the role. He portrays Williams as an arrogant but decent enough type who is somewhat lonely and in need of a feeling of power. Williams's affinity for Nazi relics and weapons is one sign of his power fetish, as is his superior view of himself. Berendt takes all of this in stride and uses it to set up the foundation for Williamsà ­ actions during the trials later in the book. During their meeting, Williams tells him many stories about Savannah and the people who live there. Berendt's reaction to Joe Odom and his followers and friends is more relaxed. Joe gives Berendt the three basic rules of Savannah, which include "Always stick around for one more drink" and "Never go south of Gaston Street" (Berendt 49). These rules demonstrate the exclusiveness of Savannah and its willingness to let loose and have some fun with life. The third rule also shows one of the traditions of Savannah: "Observe the high holidays - Saint Patrick's Day and the day of the Georgia-Florida football game" (49). Nearly everyone in Savannah gets involved in both these holidays, adding their own twists to both. For Saint Patrick's Day, the drinking begins at 6 a.m. The women in South Georgia don't start wearing panty hose till after the big game. While Berendt doesn't let Joe's advice stop him from exploring south of Gaston Street, he welcomes the guidance all the same.

The Rhetoric of Christopher Marlowe’s Tamburlaine Essays -- Christophe

The Rhetoric of Christopher Marlowe’s Tamburlaine The hero of Christopher Marlowe’s Tamburlaine the Great did not lead the life of any ordinary Scythian shepherd. Throughout the course of the drama, the once lowly Tamburlaine is bent on a path of unstoppable conquest, upheld as much by intense personal charisma and power of speech as by the strength of his sword. He exemplifies this eloquence throughout his many speeches in the play, not least of which is his â€Å"Thirst of Reign† address to the defeated usurper of the Persian crown. Tamburlaine’s speech is delivered with the intention of justifying, to Cosroe and all others present, the righteousness of his own ambitions, and inviting them to share in the same. He achieves this end by skillfully employing in his speech Aristotle’s three canonized methods of persuasion: logos, pathos, and ethos. Tamburlaine begins his address with a subtle use of ethos, an appeal to his own credibility as a leader worthy of respect. He does this by comparing his own desire for the â€Å"sweetness of a crown† to that of â€Å"mighty Jove,† who threw his father Ops down from the heavenly chair for this same reason. By this line of persuasion, Tamburlaine is following in the very footsteps of the mighty god, and fulfilling a goal established as worthy by a most divine precedent. This comparison serves to glorify his bloody path, and subtly clarifies him as a mighty persona in majestic uprising, not simply a violent, sheep-herding rebel. Tamburlaine’s bolstering of his own person is followed by a justification of the very act of ambitious conquest by means of logos, a logical appeal to reason. He argues that â€Å"Nature†¦Doth teach us all to have aspiring... ...nd morally questionable to audience and readers alike. The depiction of ruthless conquest as an admirable and heroic endeavor could only be done successfully if it were shielded by language as beautiful as it is capable of persuasion. Despite this quality of speech, there is a certain weakness in the address that the modern reader is privy to: the idea of four warring elements composing our frames is quaintly erroneous. Aristotle himself would be quick to point out that a logical argument based on faulty assumptions is a faulty argument, so Tamburlaine’s use of logos in this speech rings somewhat hollow on ears which can pick out the flaw in his persuasions. Not that this flaw would come as a surprise to an educated modern reader, as they would likely already distrust any justification of violent domination that history has repeatedly shown to be far from admirable.