Monday, September 30, 2019

Mattel’s Toy Recalls and Supply Chain Management Essay

This case talks focuses on the event in the year of 2007 when Mattel – the leading global toymaker – voluntarily recalled its toys from worldwide stores. Mattel’s name is synonymous worldwide for its most famous product – the Barbie Doll. The recall was initially for 83 toys which had excessive lead paint and soon after 6 more products we recalled which had a design problem of small magnets coming off the toys in addition to the use of lead paints. The lead that was used could potentially be toxic for children and the magnetic parts that could come off the toys could potentially be fatal for the digestive systems of children if ingested. All the toys recalled were manufactured in China and in total more than 1.5 million toys were called back. The initial diagnosis was that the main cause of the problem was â€Å"Made in China† however the case explores that the root causes for the default were defective designs. Background – Mattel & China * China had become the leading manufacturer of toys by 2000 * 80 % of toys coming to US were manufactured in China * 65% of Mattel toys were produced in China * Most Chinese toys were made in about 5000 factories located in Guangdon province in China. These factories were majorly owned by Hong Kong Mattel’s Supply Chain Mattel’s product fell into two broad buckets. First was the core products like Barbie dolls which sold through longer periods and the second bucket comprised of the non-core products which comprised of seasonal toys like movie characters. By 2007, more than half of the revenues for Mattel came from core products that were manufactured in Mattel – owned plants in china. The remaining products which were procured from local Chinese licensed vendors. Mattel had an inspection program in place for its products. Off the 5000 products that it used to develop each year, it would randomly check products by taking them off the production line. In order to supply paint to Mattel’s supply chain a vendor had to be a certified one. The complication with this arrangement was that on many occasions Mattel’s direct vendors contracted down to other suppliers who in turn contracted to other suppliers and thus the origin of certain products were difficult to trace – for example the lead paint. Even though Mattel had not allowed its vendors to sub contract to other vendors without its permission, it was not sure how well Mattel’s suppliers were adhering to this. Ironically, 200 of Mattel quality and vendor assurance employees were located far away from the production facilities in Hong Kong. As a good HR practice Mattel had hired a professor with international reputation for being a critic of worker treatment to report independently of any malpractices in Mattel. Reasons leading to the event * Pressures on Chinese toy manufactures. Most toy sales were coming from big box stores like Walmart, Target etc. The business model of these big retailers revolves around extreme cost pressures. This led to a lot of bargaining with Chinese manufacturers to cut down their costs. At the similar time, the Yuan had appreciated and increasing costs of raw materials (such as fuel costs) left little room for Chinese manufactures to invest in significantly progressive quality programs. * Manufacturing Problems Lead in paint was a frequently occurring problem for toy manufacturers. Even though Chinese manufacturers had put processes in place that had checks to avoid having lead in the paints, it was increasingly difficult to monitor the quality of paints * Design Problems In 2007 many toy products had small magnetic parts attached to them which could potentially get detached from the toys and then they could be accidently be ingested by the children. These magnets, once inside the digestive system were toxic and could potentially stick together and harm the intestines. Another design problem was that some of the toys were susceptible to being broken. Most of the designs were made outside China and thus this was not a manufacturing problem. * Product Misuse Some recalls of Mattel’s products were because of the potential misuse by children. There were choking or strangling hazards associated with some of the products that made the products dangerous. Mattel’s Response The expected impact of Mattel’s recalls was to the tune of $30 million dollars which was about half of the operating income of that quarter. The media coverage and global attention aggravated the issue. In order to deal with this Mattel’s response was as follows. * Three point check system As the first point check – for the lead paint every batch of paint could only be acquired from certified vendors. Second, the controls for vendors and contractors were made more stricter and random checks were constituted. Thirdly, the finished products would be subjected to final checks before they reach the customers * Sub contracting policies Mattel reviewed it’s subcontracting policies to control excessive subcontracting * Purchase of new equipment to detect lead Mattel incorporated a plan to purchase more lead detectors * PR & Communications The company followed a proactive communication strategy to address the issue. Conclusion The consumers reacted strongly to Mattel’s response. The case elaborates how systemic failures can almost cripple a global leader. Most importantly, the ‘made in china’ brand lost significant reputation because of this episode. However, better measures and corporate controls resulted from this event and they eventually transformed the manufacturing world for the better.

Sunday, September 29, 2019

John Donne as an Innovative Poet

John Donne's position as a revered and respected poet is not unjustified. The depth and breath of literary works written about him along with the esteemed position he held among his comtemporaries is evidence of his popularity. As a metaohysical poet his poetry was frequently abstract and theoritical and he utilised poetry to display his learning and above all his wit. He was most certainly an innovative love poet who moved away from the Shakespearian focus on form intensely literary style. He was an expert in argument and often used exr=tended conceits to put forward these arguments.The drama in his poetry and his use of language all serve to highlight his skills as an innovative and creative poet. In order to examine Donne's innovative style I will discuss five of his poems, A Nocturnal Upon St. Lucy's Day, The Flea, A Valediction: Forbidding Mourning, The Sunne Rising and The Anniversarie. Donne was frequently classed as the first and greatest of the metaphysical poets. This group of writers were classed together, not because of any historical connection, but largely due to their similiarity of style. The term metaphysical could be classed in a number of ways the work of these poets was both celebrated and criticised.For many metaphysics was a branch of philosophical speculation concerned with questions of our being and existence. It was often characterised by the se of inventive conceits and speculation on topics such as love or religion. For Samuel Johnson, who coined the term the metaphysical poets, they were overly comcerned with style and the demonstration of learning. He believed these poets, who included George Herbert and Andrew Marvel as well as Donne, were simply using this style of poetry to show off their intelligence, ‘The metaphysical poets were men of learning and to show their learning was their whole endeavour'. Johnson, 1876: 48]. The impact Donne and his innovative style made on his contemporaries is evidenced further when we look at the reaction of his contemporaries to his death. Such was their grief at his passing that a book of elegies dedicated to his was published two years after his death. Among these was Thomas Carew's An Elegie Upon the Death of the Deane of Paul's Dr John Donne. In this Carew laments the passing of Donne and believes that his death will hinder other poets as he was their inspiration. For Carew, Donne's inovation ay in his use of the English llanguage and he described him as having freed the English language from the ‘weeds' which had grown all over it. Carew also suggests that other poets are indebted to Donne as he created a style that was a source of inspoiration for many other poets. This stance in reaction to his death further reinforces the idea that Donne was an innovative love poet and not one who writes with an awareness of tradition of earlier love poetry. William Shakespeare was the Elizabethan era's most prolific love poet. He employed a highly literary style in his w riting and a rigid structure in much of his poetry.A comparison between Donne's work and Shakespeare's traditional love poetry effectively highlights Donne's innovation in the field. Shakespeare's poem Venus and Adonis and Donne's poem A Nocturnal Upon St Lucy's Day are love poems that employ similiar arguments to advance their themes. Donne's innovation becomes obvious however in the style and diffuculty of his argument. In Shakespeares's verse his heroine refuses to believe that her lover has died based on the argument that if he was dead then the whole world would be in chaos and she too would be dead, ‘to wail his death who lives and must not die/ Till mutual overthrow of mortal kind! [Shakespeare 1015 – 1020]. Once the point has been made the poem moves on. In Donne's poem on the other hand his argument on the liklihood of proving his death continues for many lines and utilises comparisons to many scientific points. For Donne it is not the logic of the argument tha t counts but the argument itself and he continues to press the argument until he can go no further. This poem is also evidence of Donne's focus on metaphysics. He uses the unfeeling language of philosophy and science to advance his arguments. Intellectual argument and attempts to persuade are a frequent feature of Donne's poetry.Many of them are exercises in the use and abuse of logic. His poem The Flea contains twenty seven lines of witty closely-knit argument on the significance for two lovers of a flea bite. The poem contains three connecteded arguments; the first it that the flea, who has bitten both the speaker and his lover, now contains the blood of each and so they are mingled withing the body of the flea in which they have effectively made their marriage bed. The second is that by killing the flea, she will be committing murder (killing him), suicide (killing herself) and sacrilege (destroying the ‘temple' which was their marriage bed).The final segment of the argumen t takes place after his lover has killed the flea. The speaker reasons that as neither he nor she has suffered from the death of the flea, if she yields to him, she will lose no more honour than when ‘this flea's death took life from her'. [Donne line 27]. Donne pursues his argument in a reasoned logical fashion and in this poem in particular the argument carries an irreverent tone and through its ludicrousness and wit Donne demonstrates both his intellect and ingenuity.Another of Donne's poem which employs a reasoned argument is Valediction: Forbidding Mourning. Unlike the irreverent tones of The Flea however this poem's argument is filled with emotional intensity as Donne assures his wife that the physical distance between them as he undertakes a long journey to Europe with his patron Sir Robert Drury will not alter their relationship. He makes the unusual argument that their separation is not only unimportant but in fact impossible. In the poem

Saturday, September 28, 2019

9/11 Terrorism Attacks Essay Example for Free

9/11 Terrorism Attacks Essay ? After the September 11 World Trade Center Attacks, America had had second thoughts about their immigration law. On September 11, 2001, four commercial planes were hijacked in the US. Using the planes as bombs, the hijackers flew two into the World Trade Center in New York City; one was flown into the Pentagon in Washington DC, and the fourth crashed in Pennsylvania. Over 6,000 people were killed, most when the World Trade Center collapsed. The FAA immediately grounded all US planes to prevent further attacks. The 19 men who hijacked the planes were foreigners who had been in the US from a week to several years. At least 16 entered at US ports of entry, with student or tourist visas; some of their visas appear to have expired before September 11, 2001. About 40 percent of the 8. 5 million unauthorized foreigners in the US similarly entered with seemingly valid visas, but did not abide by the terms of their visa by e. g. departing within 90 days. (Martin & Martin, October 2001) Our enemies have repeatedly exercised this option of inserting terrorists by exploiting weaknesses in our immigration system. A Center for Immigration Studies analysis of the immigration histories of the 48 foreign-born Al-Qaeda operatives who committed crimes in the United States from 1993 to 2001 (including the 9/11 hijackers) found that nearly every element of the immigration system has been penetrated by the enemy. (Camarota, 2002) Of the 48, one-third were here on various temporary visas, another third were legal residents or naturalized citizens, one-fourth were illegal aliens, and the remainder had pending asylum applications. Nearly half of the total had, at some point or another, violated existing immigration laws. 9/11 was not the only terrorist plot to benefit from lax enforcement of ordinary immigration controls—every major Al-Qaeda attack or conspiracy in the United States has involved at least one terrorist who violated immigration law. Gazi Ibrahim Abu Mezer, for example, who was part of the plot to bomb the Brooklyn subway, was actually caught three times by the Border Patrol trying to sneak in from Canada. The third time the Canadians would not take him back. What did we do? Because of a lack of detention space, he was simply released into the country and told to show up for his deportation hearing. After all, with so many millions of illegal aliens here already, how much harm could one more do? Another example is Mohammed Salameh, who rented the truck in the first World Trade Center bombing. He should never have been granted a visa in the first place. When he applied for a tourist visa he was young, single, and had no income and, in the event, did indeed end up remaining illegally. And when his application for a green card under the 1986 illegal-alien amnesty was rejected, there was (and remains today) no way to detain and remove rejected green-card applicants, so he simply remained living and working in the United States, none the worse for wear. (Krikorian, 2004) Immigration Changes According to Daniel T. Griswold (2002) â€Å"We should not allow the war on terrorism to be hijacked by those who would turn it into a war on immigration. Members of the Immigration Reform Caucus and writers in National Review have tried to hitch their anti-immigration agenda to legitimate concerns about border security in our post-9-11 world. But â€Å"border control† and immigration are two separate issues. The problem is not that we are letting too many people in but that the federal government has not been doing enough to keep the wrong people out† Philips and Susan Martin stressed that The federal government immediately made some immigration changes in response to the terrorist attack, such as holding foreigners who violate immigration laws 48 hours without charge, up from 24 hours. But the Bush administration is seeking more immigration changes, and the new Homeland Security Council, with 100 staff members comparable in size to the National Security Council staff, is likely to suggest even more as the 46 federal agencies whose work it coordinates to fight terrorism review the processes of issuing visas to foreigners, controlling their entry into the US, and ensuring that they abide by the terms of their visas inside the US. Immigration policy reforms can not prevent terrorism, but they are a key part of any effort to combat terrorism. Immigration policies aim to facilitate the entry of wanted foreigners, and to identify and deter the entry of terrorists and other unwanted foreigners. This paper outlines the immigration reforms that could help prevent the entry of future terrorists. It would be unfair and self-destructive to blame America’s immigration policy for what happened on September 11. Immigrants come to live and work and build a better life for themselves and their families. The terrorists did not come here as immigrants. They entered the country on temporary non-immigrant tourist and student visas. They didn’t apply to the INS for green cards or any other kind of permanent status. Immigrants are only a small subset of the much larger pool of 30 million foreign nationals who enter the United States in a typical year. More than 95 percent enter as tourists or business travelers. Only 3 percent, or about one million, enter to immigrate, that is, to settle here permanently. We could reduce immigration to zero and it would do nothing for our national security. (Griswold, 2002) 9/11 Terrorism Attacks. (2017, May 03).

Friday, September 27, 2019

Introduce a Company into Spain Essay Example | Topics and Well Written Essays - 1000 words

Introduce a Company into Spain - Essay Example Figure 1: Predicted Mall Distribution Space in Spain The product will be distributed through a long distribution channel whereby several middlemen will link the retailer with producers of different commodities. Although this kind of distribution channel may raise the price that the consumers will pay for the products, it will be essential to use it because the supermarkets will deal with a multiple of products and hence may not get time to deal with all the logistics of individual commodities – this role will be left for the suppliers. All in all, the market is concentrated in the hands of few, and it is these domineering stores Coles is expected to compete with, which means that the competition will be quite stiff. The right media will be chosen to ensure the marketing plan is successful. Therefore, the communication channels will be based on their ability to convey the right message to the target audience in the most effective means. Coles will develop communication channels largely through direct mail, television, radio, as well as the internet. These channels will be used to show consumers how they will benefit by shopping from Coles supermarkets. The products that will be sold by Coles will also act as a channel of communication with the consumers. The Supermarket stores will serve as sources of instant information regarding the sales, available products, location of in-store products and methods of getting out-of-stock items. Generally, the supermarket will exploit channels such as addressable media, interactive media, and mass media. Coles will apply pull strategy, which involves the customers dynamically looking for the company’s products while the retailers requesting for goods in response to direct consumer demand. This strategy will require Coles to establish a strong brand in Spain, which will be achieved through mass media promotions among other strategies of similar nature. In this view, when the supermarket identifies a certain prod uct that the consumers require, the management will ensure it is stocked – this means that the supermarket will be charged with the responsibility of creating the demand while the supply channels will ensure that this demand is met. Coles will adopt a competition-based pricing strategy, whereby the setting of prices will be based on what the rival supermarket are charging (Cannon and Morgan 19). Business Review Coles supermarkets have operated for more than 90 years in Australia. The company has very rich history of Australia especially because it was founded by the founders of Australia’s retail industry. Coles founder, George Coles, after studying best practices in retailing from the US went back to Australia in 1914 and opened stores in Melbourne, Collingwood and Smith Street. The company opened its first supermarket in 1960 in North Balwyn, Victoria. By 1973, Coles had managed to open stores in all the capital cities of Australia (Armstrong and Kotler 56). BI-LO is a chain of supermarket owned by Wesfarmers, which was previously known as Coles Group. BI-LO changed name to Coles Supermarkets during 2006 and 2007 when they attained 180 chains of stores. Following a poor performance of stores which had been converted

Thursday, September 26, 2019

Strategic issues and options facing your organisation Essay

Strategic issues and options facing your organisation - Essay Example Strategic investments that are made by the companies are indicative of the strategic direction and intentions. A few years ago Apple Computer was an innovative organization since its founding in 1970`s. However Dell was far superior to Apple on unit cost KSF (Key Factor Success) and inferior to Apple on innovation KSF (Key Factor Success). Over time Dell worked diligently to lower its unit cost structure and its trajectory from past to its present position portrays its accomplishments. Again Apple has continued to push its innovation agenda with the introduction of Cube, Mac Book air and G3. Apple has realized the importance of price competitiveness as a reason of which it has made substantial improvements in its unit cost dimension. To achieve further reductions in the unit cost, Dell can expect that Apple will evaluate a range of strategic options that will help in fulfilling this intention. Since PC manufacturing costs are connected with economies of scale, Apple has the option of making their PC`s more attractive to a larger audience. It is for this reason that Apple developed its own software that enabled the users to run Windows and Windows based software on their Apple computers in 2006. This made Apple`s computing platform viable option for ten millions of computer users who could experience a significant switching cost for using Apple by giving up Windows. To elaborate the first question, Apple`s rapid growth has been accelerated by introducing new platforms which they have extended for superior growth and profits. Platform growth trajectories generally decline with age. Apple did a great job by increasing the growth of the Mac platform by shifting the mindset from desktop to portables and lately to Mac Book Air. When the sale of iPods media players went down by 17%, Apple was able to bounce back with the new and more expensive iPod Touch Model. Experts say that by 2013, the market

Sketches Bill Cleggs and Mathew Dickmans prescription for eudaimonia Essay

Sketches Bill Cleggs and Mathew Dickmans prescription for eudaimonia - Essay Example For this reason, Aristotle’s ethics and politics are both heavily focused on virtue (Gallager, 2010). According to Rorty (1980, pp.07), Eudemonia essentially involve just the activity of the theoretical intellect of human life and action and accordance with the broader excellence of moral virtues and practical wisdom. This view connects the eudemonia with the conception of human nature as composite, that is, as involving the interaction of reason, emotion, perception and action in a body full of soul. Ninety days is a short novel that situates a lot of drama into an easy to read 194 pages. This book covers the months following Cleggs decision to go into an inpatient facility to renounce cocaine and alcohol at age 34.  It’s the story of Cleggs battle to get back his life, an obvious and persuasive story of the opportunity of recovery. However, it sketches an overwhelming depiction of the loads of challenges one will tolerate on this journey. The twin brother of poet Michael Dickman, poet Matthew Dickman was born on August 20, 1975 grew up in Lents, a working-class suburb of Portland, Oregon. He was raised by his mother. He earned a BA at the University of Oregon after that he earned an MFA from the University of Texas at Austins Michener Center. Dickman’s unveiling collection, All American Poem (2008), was chosen by Tony Hoagland for the American Poetry Review’s Honickman First Book Prize in Poetry and also won the 2009 Oregon Book Award for Poetry. According to Perring (2012) Ninety Days  is a follow up to Cleggs tale of his decline into drug use and his ultimate entrance into drug rehabilitation. Bill Clegg discloses to his readers as he explain the laborious journey he took to attain his first 90 days of sobriety. Any person who has not gone through the experience of substance mistreatment would not be able to recognize how an individual feels who has exactly gone the whole thing. Actually it is a

Wednesday, September 25, 2019

How to Make 1000 pounds a profitable Investment in UK Stock Market Essay

How to Make 1000 pounds a profitable Investment in UK Stock Market - Essay Example b. Acting on rumours knowing that it is in fact a rumour. c. Buying Dividends for long-term investment in stock market. It is a stable and less risky way of earning profit. d. Opening an account with a broker. e. Investing in Penny stock to earn profit. Method 1 Basic Plan: The first method is to look for companies that have undervalued ratings. This method does have it perks considering that undervalued firms have a lot of value, of which general public is unaware, due to rating agencies (Graham, 1985). Now the first scenario is an investor having ?1000 and he or she has to make money through investing it in stocks looking for undervalued companies. The first reasonable thing that the investor should do is to look into companies, which have the least value on the FTSE index. For example, the investor comes up with four companies, whose stock value is ?2, ?3, ?3.50 and 3.75. Initially, I will analyse why that particular company is undervalued, does that company have large debts that it needs to pay, or the company has a record of bad investments or if the company was indicted in law-suits involving fraud etc. If the company has large debts, the investor shall see the prospects of that company paying off the debt while pragmatically and logically calculating, the duration in which the company will be able to pay its debt. If the investor wants to earn the money quickly i.e., in a week and he or she is able to find a company that can pay off its debt in two weeks, it would be best to buy stock of that company. And if the prospects of paying debt are low, the investor shall not invest in that company because of the obvious downfall state of the company. One thing that shall be kept in mind that, one must not sell all the shares if there is a slight rise in stocks because of the thought about, being on the safe side. One must project a slight confidence by observing the attitude of the market towards that company if that attitude is confident towards it then thereà ¢â‚¬â„¢s no need to sell the price and if the attitude contains lack of confidence, then one must sell shares at the price offered as earliest as possible, if one wants to liquidize stocks instantaneously. Another way is to invest it, in two or more companies at a time. The approach shall be the same as above and the reason to invest in two or more companies at a time; is unreliability in any one company. It’s just an alternative because companies are being kept undervalued for specific reasons. Sometimes the reason is right and justified in view of the person who wants to invest, but not always. This is a good way to earn money, but the chances of earning money quickly are very bleak. Drawbacks: The biggest risk involved in this kind of investment is, in case undervalued company gets further devalued because in such cases the value of stocks further decrease, resulting in loss for the shareholders. Another drawback of this plan is lack of experience of the investor who is in vesting the amount of ?1000, which is a high value. It is very important that a person should be an experienced investor person while investing because then there might be rational discussion taking place instead of decisions made on gut feeling. Another risk here is of fraud and being conned, which is very common for new investors. A new investor might get caught because of his or her

Tuesday, September 24, 2019

Dangerous chemicals allowed by the FDA to be included in human and Research Paper

Dangerous chemicals allowed by the FDA to be included in human and animal foods - Research Paper Example as been documented to have allowed the use of harmful toxins to be used in human as well as animal food, which is likely to cause disastrous health outcomes, often leading to death. Although the exact number of harmful chemicals allowed by the FDA cannot be determined with accuracy, a comprehensive list of such chemicals is included as Appendix A. Three of the most potentially hazardous of the chemicals from the list (see appendix) Bisphenol A (BPA), Butylated hydroxyanisole (BHA) and Ractopamine - are linked to disastrous health outcomes, often leading to death. The FDA should, therefore, ban these chemicals, from use in human and animal food products, in order to uphold the general principle of safeguarding public health and prevent the large scale destruction that the presence of such harmful toxins can cause. Bisphenol A (BPA), Butylated hydroxyanisole (BHA) and Ractopamine are three of the several dangerous chemicals which are allowed by the FDA to be used in human and animal food, which are documented to have disastrous consequences when consumed, often leading to death, and hence need to be banned with immediate effect. The development in technology and the subsequent advancement in agriculture have both led to a dramatic rise in use of chemicals, particularly in the developed nations. Over 80,000 harmful chemicals are now made available commercially, and are regularly being used in agriculture and animal husbandry. Such potentially toxic chemicals which are known to enhance the productivity and hence the economical gain, and hence their drastic impact on human and animal life has been largely ignored (Erickson, 20093). Several of the toxic chemicals which are routinely used in agriculture as well as fed to livestock, have been proven to cause disastrous effect on human as well as animals, sometimes often leading to death. However, regardless of studies and researches which point towards their harmful influence on our lives, the use of such toxins

Monday, September 23, 2019

Luck and Fate in Fyodor Dostoevsky's Crime and Punishment Essay

Luck and Fate in Fyodor Dostoevsky's Crime and Punishment - Essay Example A self-confessed drunkard, a widower with a daughter from his first wife and later on remarried to Katerina Ivanovna, a widow who had three children from her previous husband, believed that it was his fate to be a drunkard to the point that he had sold most of his possessions including some of his wife’s valued possessions (Dostoevsky 16-17). In acceptance of his fate as a hopeless drunkard, Marmeladov claimed, â€Å"Such is my fate! Do you know, sir, do you know, I have sold her very stockings for drink?. (Dostoevsky 17)† But later on reasons out that his drinking is a self-inflicted suffering to pay for his sins to his wife and children as he claimed, â€Å"Thats why I drink too. I try to find sympathy and feeling in drink.. . I drink so that I may suffer twice as much! (Dostoevsky 17)† On a close examination of Marmeladov’s behavior, he blaming his fate of loving alcohol too much was his excuse for behaving as he had confessed. Likened to a McLaughlin quote saying that, â€Å"The chief reason for drinking is the desire to behave in a certain way, and to be able to blame it on alcohol,† (Guillemets) Marmeladov blames his actions to his drinking and not entirely taking the blame to himself. On the contrary, Marmeladov, instead of putting the blame on his drinking and lamenting his fate at the tavern, should at least make efforts to retain his job better yet to accept that his family problems are his fault and that he can make a way to at least feed his children and tend to his ailing wife. Also, he should have thought of these problems when he is sober and not when he was drunk since he would eventually forget all his thoughts when the effects of his drink wear off. Marmeladov’s alcoholism had developed into a family problem. Accordingly, alcoholics may have young, teenage, or grown-up children; they have wives or husbands; they have brothers or sisters; they have parents or other relatives. An alcoholic can totally disrupt family life and cause

Sunday, September 22, 2019

Trusts and Pensions Essay Example for Free

Trusts and Pensions Essay Introduction After the World War II, western European governments had taken several measures to provide better working conditions and job security to their citizens. Some of such policies aimed to provide guaranteed minimum income to people, some policies guarantee old age benefits and social security insurance, while still some policies aimed to provide housing, healthcare etc. facilities to lower income people (Gough, 1987).   Ã‚   These policies worked smoothly till the late 1970’s but from the last two decades, when Western European states tried to maintain their economies according to the international competition (Rhodes, 1996); they had come to the conclusion that these welfare policies are responsible for slower economic growth and rising rate of unemployment.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The economy and the social cohesion of EU have the threats of steadily growing high unemployment. They now have set their target to raise the employment and the participation ratio in European labor market. But the most fatal problem is that, it will definitely take several years to solve. Similarly aging labor force is also one of the major dilemmas of European Union labor market.   It has been estimated that only 50% of the citizens under the age bracket of 55 to 64 years are in work in developing countries as compared to 75% of 25 to 54 years old and this percentage shrinks further in EU countries, i.e. only 39% (Young, 2002).   These figures depicted a serious dilemma because if these would not be improved then by 2050 EU would suffer a 6% decrease in population and sharp increase in pensions and health spending which will be escalated from current 15% of GDP to an estimated 22% (EU must reform labor markets to reduce unemployment). What is pension? An advantage, generally in terms of money, remunerated recurrently to retired workers or their dependents by private companies and government organizations (Ball, 2002). An alluring element to worker reparation packages are annuities. Companies are not obligated to set up pension rewards but do so to fascinate experienced workers (Armstrong, 2002). A particular figure of money has to pay into an annuity account which set up by the company. The company appoints a reliable committee, for the good management of the fund, which is known as â€Å"trustee† (Scrimshaw, 2001). It is their responsibility to spend the fund in different pecuniary schemes and stock market to flourish the fund on behalf of the company. The amount in this account can be raise due to the investments (Clark Whiteside, 2003). The amount credited into this account is non taxable to the company and to worker up to the time of retirement (INCOMES DATA SERVICES, 2002). At the time of retirement worker can get money that continues up to a certain period or can get in one go, on which he/she has to pay some tax. The worker may obtain more money than the company has just because of his / her long life. In case, if worker expires prior to complete payment of his / her pension, the dependants will receive the residue of annuity. A person can get more than one pension as he / she have served in several organizations (Esping-Andersen, 1999). About United Kingdom’s retirement funds: â€Å"1670s Royal Navy introduced first systematized pension scheme 1908 introduced first general old age pension paying a non-contributory amount of between 10p and 25p a week, from age 70, on a means-tested basis from January 1 1909 Pensions Day. This was introduced during the Liberal government of David Lloyd-George. Sir William Beveridge, father of the welfare state, was an adviser (Esping-Andersen, 1990). 1921 – To comply with some situations of pension schemes a tax deduction permitted by approving Finance Act. 1925 – For those who receive  £250 per annum and for physical workers, a contributory State system has been approved as Contributory Pensions Act. According to this Act the pension was 50p per week at the age of 65.   1942 – A report was presented by Sir William Beveridge as Social Insurance and Allied Services with some proposals of state welfare. 1946 – Before 1946 the pensions were  £1.30 for a single person and  £2.10 for a married couple, started after the age of 65 years, in case of men and after the age of 60 in case of women. In 1946 UK government had introduced contributory pensions for all the workers 1947 the finance Act of 1947 had curtailed the maximum amount of tax relief on pensions 1959 Government has introduced a new pension scheme, which was called the Graduated Pension. It includes the people between the income bracket of  £9 to  £15 per week (Able Smith Townsend, 1961) 1975 Yet another pension Act, which was introduced in 1978, the Social Security Pensions Act was presented and it finally replaced the graduated pensions scheme. 1995 the Pensions Act of 1995 had set up new ideas and schemes for compensation and had changed the previous compensation method (Pierson, 1996) 1999 A new amendment in Pensions Act was introduced which guaranteed some minimum income to the needy pensioners. This was known as Minimum Income Guarantee (MIG) 2001 – A new pension scheme, especially tailored for low earning males and female workers was introduced, which was called stakeholder pensions 2002 State Second Pension Scheme was introduced which replaced Serps 2003 Introduction of the Pension Credit, which will bring half a million pensioners into means-testing†. (http://news.bbc.co.uk/1/hi/business/2488513.stm)   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Now recognition of requirements has been clear by most of the countries for persons to get further of a function in supplying their pension profit.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The scheme of retirement on the basis of stipulation on occurrence between transfers of profit experiences calamity due to long life escalation. Existence of a very small number of employees sustaining every retired worker can be known by â€Å"fresh arithmetic† as functioning people decreasing as long-lived-ness perdurable increasing (Hawksworth, 2000).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The tendency is ready to persist. The transfer of pension to self-supporting is a resolution, by which the management constructs the organizational and pecuniary foundation to facilitate and convince workers to protect and spend possessions for their personal pension (Brooks, Regan Robinson, 2002)   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The management proposal to prepare the new annuity scheme and to persuade the improvement of a formation for annuity administered by other institutions is a remarkable prototype of this (Kelly, 2002).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   This denotes actual prescience. Almost 16.3 per cent of inhabitants of the world produce by India and its old age citizens are, alone, 12.5 per cent of the world’s old age public. The incessant decease and birth ratio by additional public ingenuity and fitness will transform the comparatively present young generation of India which makes 70 million public above 60 years of age and less than 10 per cent out of them could hardly have pension. Rest of 90 per cent depends on their jobs or support by family. The fact, divulge through a joint research   by the Pension Fund Regulatory and Development and Asian Development Bank, that after the retirement 71 per cent people depends on their family in bucolic areas and 59 per cent in metropolitan areas (Jackman, 2002).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The central idea of restructuring of retirement income articulate by the Old Age Social and Income Committee i.e. â€Å"economic security during old age should necessarily result from sustained preparation through life-long contributions† and that â€Å"the government should step in only in case of those who do not have the sufficient incomes to save for old age† (Allen, 2002).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The preface of the described input, completely subsidized, personal retirement account annuities, along with the finance administration of these designated to confidential finance supervisors suggested by the Old Age Social and Income Committee in the subsequent statement.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   To raise the retirement income coverage, minimize the function of the state as retirement fund supplier and lessen the non subsidized annuity legal responsibility is the main objective to restructure any retirement fund.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The preface of the latest annuity scheme would capture the raise in the unsupported annuity legal responsibility of the government workers retirement fund by including the new government workers joining workforce from January 1, 2004; minimize the function of the government in sustaining the other untenable significant advantage of retirement fund legal responsibility, which would eventually drop on the government; grant worldwide access to public, facilitate individuals who do not have access to any means of transportation to construct the possessions for old-age benefits, and once the latest scheme reconciled, the government could have better resources to believe intensification the methods tested levy-funding retirement fund for persons who do not have sufficient earnings to self-supporting their old-age benefits.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   As these seem individual parts of the scheme, one has to take emphasizing the importance of the whole view to look how the apparently individual parts of the scheme are, in fact, mutually dependent.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   When alter in the retirement fund scheme is visualized there are always trepidation. The primary consternation is regarding the modification in retirement fund plan of government workers (TUC, 2002).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   This has to be sighted in the outline of the untenably of the present defined benefit retirement fund. As stated by to the World Bank, for the Central government, the retirement fund proposal articulated as a share of GDP twice among 1995 and 2000.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The World Bank statement also specify that outlays on annuity for government workers are expected to develop quicker at the state level where service further than twice in three decades, leveling off just lately, and that the upcoming development in the retirement fund law would mirror this (Wallis, 2002).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The shift to define contribution retirement fund for new workers is a step to alleviate this. The transition can be successfully level by professional finance administration and the controlling of the collected retirement fund on a constant basis (Pickering, 2002). In April 2005 an annuity supervisory body launched for trade which is formed by the 2004 Pensions Act. The superior importance on engaging genuine threat to affiliates’ advantages is obvious that the latest restrict method cause to feel itself in the pension realm as its primary semi annual functions under control by the body. To get the exact scenario of the present pension reform, the body compiled and tested the system information on an extensive array; the body is emergent and printing operation rules, aid to explicate the errands of entrusted managers and supervisors under the recent Act; and the body is efficiently functioning to minimize the threats. The mismanagement, swindle and mis-commitment are the major threats tried by the companies, and the body has the workforce to face them. The under financing, is still, the major lone threat dealing with all proposals presenting described advantages. The previous least subsidy requirement has not offered enough shelter against this threat and the truth is that most of the DB systems are presently low subsidized is not in argument. Assessing the extent of scheme shortfall is not a better solution, yet, as a collection of variables has to be measured – such as upcoming investment income, no body knows that when he / she will dies. Whichever procedure is applied, the numbers provide reason for trepidation. It has been anticipated, for instance, that the total scheme deficits of the FTSE 350 companies amount to  £72bn. The new legislation, coming into force at the end of 2005, requires schemes and sponsoring employers to confront and tackle this issue (Whiteside, 2003). Legal Requirements According to the latest ‘scheme specific’ financing administration, all proposals presenting described advantages will have to make a careful evaluation of their legal responsibilities, ascertain the measure of any financing deficit and suitable measurements will have to take to eradicate it. To measure the proposal’s legal responsibilities is the primary action in this regards is mandatory. There are no predefined rules to measure the responsibility, but, it is expected that all proposals should be evaluated as shortfall arise either due to the completion of the scheme and their accumulated rates. The entrusted management will calculate that how much financing is required to offer for the committed pension profits to pensioner as the scheme gets mature. The entrusted administration is also responsible to describe the sequential steps should be taken through a declaration of financing rules and work out the payment plan of contributions. And they also liable to arrange these papers and make sure that all supporting companies are harmonized with the contents.   A practical revival strategy should be taken place if resources are not enough, as many proposals are in unavoidable situation, due to the low financing. It should be predefined that how much financing is required and when. The recovery plan must contain an attested strategy by a statistician as further aid entails to attain the requisite level of financing. It is mandatory that the complete statistical assessment should be done in three to four years. And this assessment must contain all the required reports to facilitate the entrusted management to judge that how much development is done and how efficient. The translucency is also required for latest financing rule as further aspect. The copies of different reports achieved by the complete statistical assessment should be given to all members. And a yearly report should be distributed to all associates and recipients of benefit, which describes the development and efficiency status of any proposal. Transforming functions There are different roles which facing confronts due to the necessities of financing of the latest proposal. The prime resolutions should be passed by the entrusted managers (Storper Salais, 1997). The statistician is liable to give guidance to help them pass the resolutions. Whereas, the companies have no authority to intervene the entrusted managers’ role, but should, in several situations, bargain to locate a safe path to lead. To eradicate the shortfalls and to meet the requirements of financing entrusted managers are more influential than companies (Ward, 2002). As the entrusted managers are not necessarily be an economist or financial expert, so it is essential to them that they have to get guidance and work with a statistician or financial expert as and when required. A statistician should be well in communication. Companies have to be more liberalize with entrusted managers regarding their pecuniary matters rather they were behaving in past (CIPD, 2002) Functioning with the Controller The Retirement fund Controller’s primary task in this zone will be to collect data vis-à  -vis present proposal financial support and the deed that proposal are taking to deal with their shortfalls. The task of accumulating and scrutinizing the yearly proposal incomes is running smoothly and the collection of data associated to financial support is continue as when and how much more support require. For instance, the presentation of an alternative arrangement to gain the funds back is mandatory by the entrusted managers, in a specific period of time. If they fail to fulfill the requirements of the contract they must inform the controller about it. Statistician or financial experts are also supposed to perform in the same way, in case, if they fail to attest the computations which are applied to achieve the precise financial support. The controllers are also interested to be notified if any task undone at companies end, in prolong period. Controller’s Authority When the statistician and entrusted managers are fail to complete their task according to the latest rules – in case, as the company unable to perform as per the contract – the controller has the right to interfere to drive the functions in a right direction. The controller can instruct about the computation to get the desired financial support, if required, or in case of a shortfall, guidance should be given by the controller, when or how to be eradicated. Controller can alter the upcoming accumulation of incomes or a new plan can be applied, when it seems to be impossible. However, the controller intends to use these powers sparingly and only as a last resort. Their focus will always be on identifying potential risks, and working with trustees, employers and advisers to develop solutions and, ultimately, to secure a prudent level of funding. When Controllers Can Interfere? Some particular situations can make the controllers to look into the matter personally. For example, unbelievable information, reports regarding financial support as mentioned above, business reformation and other controllers report. To settle down the situation, reckon when and how to interfere into the matter, controller recommends the utilization of assure timely events. By the help, of different kind of events method, controller visualizes the working. In the first event, entrusted managers recognized the aim of desired financial support. Generally discussion, if controllers realize this has been place too low, controller may need to see at the proposal narrowly, while controller will obtain further issues into account – in case, it may be satisfactory for a powerful company to define their target at a lesser point than a feeble company. The other kind of event associated to the new strategy. When the period is more than a decade, for instance, or if it suggested an impractical point of assist in the upcoming, controller may need to converse it in more detail. In general terms, then, controller are expected to see narrowly at proposals with less desire financial support and even more regain strategy, while controller will obtain a realistic and profitably responsive method. The defined levels of the timely event situations, and the kind of interference that could effect, are concerns that we wish to converse truthfully with the business. A draw up paper defined how we propose to apply our authority is obtainable for free discussion During the contribution of public administration expert, association want to place annuity and retirement issues as part of complete recompense and service policies, sustaining the accomplishment of organizational objective by encountering the requirements of their present and upcoming workers. This points out that these policies need to be customized to the situation of each business. There emerge to be three essential parts, and it is in these three zones that public administration expert can and is earning a main payment: There is an obligation for obvious and converse retirement fund and recompense strategy objective, level to the requirements of the business and its employees. Public administration expert require cultivating their panel and line associates on the context for and satisfied of these objective. Suitable retirement fund preparations can support a fit mental agreement, and aid a company succeeds in the rising ‘war’ for trained workforce and ability. With a getting old labor force, extra expandable method to annuity and retirement are turn into a essential part of useful resourcing policies. Business requires planning and put into practice suitable system to provide these policies. Suppleness and option in terms seem to be significant mechanism of these plans according to the requirements of further varied workers. We are ever more noticing organizations working more than one annuity plans and/or mix plans, and proffering workers retirement fund selections – all as element of inclusive supple benefits and complete recompense programs. Public administration expert are performing an important function in cultivating administrator and workers, facilitate them to take on private liability and make well-versed options as to the manner they desire to function and shift into retirement, with the suitable retirement fund provision to attain this. Price for Companies and Workers In all the investigation of tendency and foretells in work-related annuity provision, the related concerns of rising plan expenditure and governmental and bookkeeping necessities summit the lists of causes for transform. As PWC’s assessment of European pensions remarks, the option for national and work-related plans in all countries â€Å"is stark: higher taxes and contributions, or less generous pensions.† (Thompson, 2002). Companies expenditure increasing The chief financial officer of British Airways described on the day that the airline reported an annual loss of  £200 million that, ‘the change to a defined contribution pension for future staff is a necessary response to the competitive environment in which BA operates’. Correspondingly Geoff Pearson of Sainsbury’s informed public administration that the untenable expense of servicing their concluding salary scheme show the way to its closure to new candidate in April 2002 (CIPD, 2002). To protect the defined echelon of advantage and retirement fund the company tolerates all the threat of administration annuity investments according to the defined benefit. The workers of an engineering company â€Å"Pearson† have discovered that the complete safe business is not available on this earth. The wrapping up of their plan with a considerable shortfall could perceive them mislay up to half of the worth of their annuity ‘assurance’. The risk management even mendacity with the employer and just normally notified and erudite experts. According to the defined contribution plans, the worker has to take all the threats. Spend too conventionally and the growth of your own finance is very low. You have to face the fear of losing a considerable sum of your investment, when you spend your funds in a risky business. As the profit of your spending is below average, you either need to raise your payments or eventually get a low annuity, a truth that most of us realize when we gets the yearly statement of annuity, the plans purchase by our funds this year will be presently disturbing about (Merrick, 2001). When the stock market was at its peak, there is a better chance for intrepid workers that they can earn good profit in a defined contribution plan, where they reserve the surplus profits, rather than in a defined benefit scheme, where additional profit were reserved as a excess by the employer and might be utilized to support contribution holidays (Dore, 2000). That is the main reason of general shift to defined contribution plans in the 1990s allured slight interest and disagreement. As the present market state of affairs is totally change. Summary of Present Scenario The secure, trustworthy, if you are not capable to understand, comfort-blanket annuity atmosphere that persist for full-time, white-collar workers in numerous great corporations in the post-war years is well and truly over (Watson, 2001). We can quarrel on the reasons and whether under the new accounting law FRS 17 is just a cover up for primitive recompense- and financial prudence, but we are not interested to bring the atmosphere back into going to be able to wish that environment back into fortitude. Annuities have and are transforming. We may make the rules simpler, but we can not disregard the reality that Maxwell and the mis-selling scandals happened. We cannot retain the getting old people, any more than we can push our baby-boomer principles of frugality, faithfulness and tardy enjoyment onto the more globally minded, self-assured, but short-termist and doubtful, approaches and inspiration of Generation Y.   References   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Able Smith, B. Townsend, P. (1961). The Poor and the Poorest. London, Bell.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Allen, A. (2002) Silver lining,   People Management. Vol 8, No 17, 29 August   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Armstrong, M. (2002) Employee reward. 3rd ed. London, CIPD.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Ball, S. (2002) Pensions compulsion and compulsory contributions, Employee Benefits. July.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Brooks, R. Regan, S, Robinson, P. (2002) A new contract for retirement. London, IPPR.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   CIPD (2002) Reward management: survey report. London, CIPD.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   CIPD (2002) Perspectives: HRH: a work audit. London, CIPD.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Clark, G.L. Whiteside, N. (2003), Pension Security in the 21st   Century, Oxford, OUP   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Dore, R. (2000). Stock Market Capitalism: Welfare Capitalism. Japan and Germany Versus the Anglo-Saxons. Oxford, OUP.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Esping-Andersen, G. (1990). Three Worlds of Welfare Capitalism. Princeton, NJ / Oxford, Princeton University Press/ Polity Press.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Esping-Andersen, G. (1999). Social Foundations of Post-Industrial Economies. Oxford, OUP.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   EU must reform labor markets to reduce unemployment, Management- Issues. http://www.management-issues.com/display_page.asp?section=researchid=1190# Retrieved December 5, 2006   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Gough, I., (1987), Welfare State, The New Palgrave, A Dictionary of Economics, vol. 4, London: Macmillan.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Hawksworth, J. et al. (2000) The European pensions and savings revolution. London, PriceWaterhouseCoopers.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Jackman, R. (2002) The global retirement crisis. Washington DC, Centre for Strategic and International Studies.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   INCOMES DATA SERVICES (2002) Pensions in practice 2002/3. London, IDS.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Kelly, R. (2002) A better choice of pension, Financial Times.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Merrick, N. (2001) Benefits in the limelight, Employee Benefits, April.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Pickering, A. (2002) A simple way to better pensions, Norwich, Stationery Office.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Pierson, P. (1996). A historical institutionalist analysis, Comparative Political Studies, 29, 2.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Rhodes, M. (1996), A New Social Contract? Globalisation and West Welfare States, European University Institute, EUI Working Paper RSC No. 96/43.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Scrimshaw, A. (2001) Pensions. London, CIPD.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Storper, M. Salais R. (1997). Worlds of Production: The Action Frameworks of the Economy, Cambridge, MA, Harvard.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Thompson, P. (2002), Total reward. London, CIPD.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   TUC. (2002) Prospects for pensions. London, TUC, June.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Wallis, S. (2002) Annuity rip-offs, Observer. 29 August.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Ward, S. (2002) Planning your pension. London, TUC/Kogan Page.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Watson Wyatt. (2001)   Playing to win: strategic rewards in the war for talent. London, Watson Wyatt.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Whiteside, N., (2003), Historical perspectives on the politics of pension reform in Clark and Whiteside Pension Security in the 21st   Century, Oxford, OUP   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Young, G.   (2002) The implications of an ageing population for the UK economy. London, Bank of England.

Friday, September 20, 2019

Merits of Arbitrations

Merits of Arbitrations Critically assess the respective merits of arbitrations under the ICC, LCIA and ICSID rules: Introduction: In order to fully comprehend how arbitration that transcend states this discussion will explain how states are bound by contractual obligations in the public and private international arena. It will consider the role of the ICC and the protection of human rights violations within states, asking whether it is better to allow domestic jurisdictions to prosecute or the ICC. This will then be applied to situations when states become involved in investment practices between states and what duty of care these states owe to each other and their investors. Hence considering the legal nature of contracts between states, i.e. can they be easily be rescinded or is there a higher obligation to honour? Does this differ when states are in a position of dominance? Also investment law arguably bridges between private international law and public international law because investment from the WTO, WBO and states such as the US and regions, such as the EU need certain social and democratic treaties to be initiated and fulfilled. The main concern of countries within the international arena is to maintain its sovereignty and integrity from incursions of other states, which is the arena of public international law. This discussion is going to consider the effectiveness of international law in dealing with disputes once an incursion has occurred, focusing on whether the decisions at an international legal level are effective or flouted in either a direct or indirect manner. In order to do this essay is going to consider when a state has been subject to and penalized by international law it can legally not adhere to these obligations. In the case of private individuals that transcend borders there is the problem that the stronger party will lobby to have the case in the state that protects their interests, which will be considered when discussing the LCIA. International Criminal Court (ICC) – Outdated System of Arbitration: The ICC deals only with war criminals as defined under the Rome Statute. Crimes against humanity as defined in the Rome Statue include extermination of citizens, slavery, torture, rape, forced pregnancy, persecution on the grounds of race, religion, culture, gender or ethnicity, disappearances that are forced by the state and systemic attack on civilians. In short what the Rome Statute has done is extend the crimes that contained in a warfare situation to a non-warfare situation, i.e. if the state or political leader commissions such crimes it is contravening international humanitarian law, which results in criminal liability. The other crimes that the ICC deals with are genocide and crimes of aggression against other states or even between factions within the states. However the key factor of prosecutions by the ICC relies on actions by the state, it does not take into account non-state actors, such as corporations; therefore limiting its power and authority. The ICC seems more inte rested in the actions of states as opposed to other actors, which is primarily to do with the fact other organizations are not signatories to the UNDHR. At the moment the ICC has only investigated four states and is taking action against three, which are Uganda, the Congo and the Dafur in the Sudan and the process is lengthy and it is questionable it will sanction the ring leaders as opposed to causing more harm to the poverty stricken. This follows the problems with many international human rights law; for example if one is a large company they should not be able to abuse human rights, such abuses will be dealt with by domestic courts if they are properly protected; however in developing nations where economics outweigh the individual’s rights then these abuses go unchecked. This is partially the liability of the state which should be properly prosecuted; however the transnational corporation should also be held liable for their role in the abuses. Human rights and crimes ag ainst humanity will not be properly protected until companies who commit, initiate or support individual state’s and political leader’s actions that result in crimes of humanity are held criminally liable. It seems to fail to bring many cases because it includes crimes under the genocide convention and these are primarily brought under national courts and not the ICC, which is its domain since 1998. In addition to local tribunals that the UN sets up in post-war areas, so the ICC is not really performing the duties it was set up to do and focuses too much on the state. Prior to the ICC domestic courts brought actions under the genocide convention and focused on the criminals and seemed to be successful. The most famous or infamous examples are those of ex-Nazi Officers after their acts during the concentration camps in Nazi occupied areas of Europe. The conviction of these officers after the war seemed straight forward as with the cases of Knochen[1] and Oberg[2] Yet th e conviction of officers today is still hard under the convention, one example is the case of Imre Fitte in an Ontarian Court in Canada, where the crime was kidnapping and slaughtering Jews in 1944 as a Nazi Officer.[3] Another problem fraught case dating back to Nazi Germany and the Canadian courts is the case of Oberlander; whereby the government has tried to deport Oberlander because of his involvement with the Nazi death squads and the evidence has shown he lied about his innocence, but still has not been convicted of the crime due to legal technicalities: The government is trying to deport Oberlander, 78, after a Federal Court judge found he lied about his involvement with the death squad when he applied to emigrate from Germany in the early 1950s. Cabinet paved the way for his expulsion by stripping him of Canadian citizenship last year. But, as has been the case since proceedings against Oberlander began more than seven years ago, his fate remains unclear amid legal wrangling. Lawyers for Oberlander are seeking a judicial review of the cabinet decision, arguing it was flawed. They are also trying to have deportation proceedings put on hold until that issue is settled. The immigration hearing in Toronto was allowed to resume yesterday it was suspended almost a year ago but board member Carmen DeCarlo cant make a deportation order until a related appeal has been decided.[4] Yet there are successful cases where an individual is prosecuted for genocide, such as another Canadian Case of Leon Mugesera who was convicted of inciting genocide in Rwanda in a speech given in 1992, this resulted in a deportation order back to Rwanda; however Mugesera is still on appeal in Canada.[5] The most famous example of a successful genocide case is the one of Pinochet in Chile; whereby his immunity was lifted and his has been found guilty of this crime with ten other cohorts.[6] In the UK domestic courts held that officers of former Yugoslavia were guilty of the crime of genocide, which seems to be a situation that mirrors the horrors of Nazi Germany: Fridays military court finding in the central Serbian town of Nis jailed Lt. Col. Zlatan Mancic for seven years and Capt. Rade Radivojevic for five years on charges of ordering two soldiers to kill two Albanians during the conflict in April 1999.[7] Therefore there has been mixed success with respect to genocide in domestic court, especially with the necessary requirement of men rea. If one considers the International Criminal Tribunal of Rwanda’s (ICTR) actions in respect to the genocide in Rwanda only eleven persons have been found guilty of the crime of genocide, which illustrates that there are problems with prosecuting under the convention as a lot more persons were involved in this bloodbath. In the ICTR cases of Ruggiu[8] and Serushago[9] their guilty pleas were seen as mitigating circumstances and the sentences were more lenient for helping to exterminate persons of another race? Therefore the law seems to be focused on the mindset of the potential accused rather than the atrocities committed by their acts. Another problem with the Genocide Convention is that it needs to be either upheld in a domestic court or by a international tribunal; however to have an international tribunal it needs to international in natur e as illustrated in the Tadic case where there was movement for dismissal as it was argued that the International Criminal Tribunal of Former Yugoslavia (ICTY) had no jurisdiction as it was a domestic conflict.[10] The tribunal ruled in the broadest manner and ensured that its jurisdiction was upheld; however this illustrates the deficiencies of current international law, i.e. it needs to take in the actions of civil society and the domestic not just focus on the role of state actors, as the ICC is too focused upon. It needs to learn from the past deficiencies rather than to perpetrate these problems. LCIA ICSID – Fairness in Private International Law: The LCIA deals with commercial disputes and provides a forum for individuals to turn to when a commercial agreement crosses borders. The LCIA follows the law of private international law and does not bring the confusing factors of regime shopping; rather arbitration process relies on the just route. Here are the basic rules of arbitration: The LCIA arbitration rules are universally applicable. They offer a combination of the best features of the civil and common law systems, including in particular: maximum flexibility for parties and tribunals to agree on procedural matters speed and efficiency in the appointment of arbitrators, including expedited procedures means of reducing delays and counteracting delaying tactics tribunals power to decide on their own jurisdiction a range of interim and conservatory measures tribunals power to order security for claims and for costs special powers for joinder of third parties fast-track option waiver of right of appeal costs computed without regard to the amounts in dispute staged deposits parties are not required to pay for the whole arbitration in advance[11] Therefore the aim is to make disputes easier to resolve, without going through a domestic legal system that gives one party over the other an advantage. This introduces the problem of regime shopping that the independent forum of the LCIA would resolve. [The] possibility of shopping around for suitable legislation is often said to be most influential since the other elements depend on the controversial aim of deepening European integration. It is possible that the United States situation may be a precedent. In the United States individuals are free to incorporate under the laws of any state since the location of the company is not relevant.[12] This has caused problems because justice is not being served; rather powerful players are breaching the rules of justice to win their case under the most favorable regime. In the EU this has been seen in the Centros Decision[13], which has been condemned for putting economic interests above the interests of justice. This decision was based around the requirements of registration and trade within Denmark, which raised an issue of conflict between the laws of the UK, Ireland and the Netherlands whereby a properly registered foreign company is to be recognized; whereas Nordic law depends upon registration and whether refusal of registration was permissible to stop the circumvention of national law. The ECJ decided that this refusal went against the principles of competition law, which resulted in regional competition law outweighing domestic law therefore undermining the sovereignty of the state. The aim of the two Danish nationals by registering their company Centros in the UK and then transferring to Denmark was purely to circumvent the fee associated with registration. The question was whether the Danish court could refuse registration in Denmark because the aim was to defraud the Danish state; the ECJ advised that refusing registration was imposing an obstacle of the basic freedoms that make up company law. This case basically has caused competition law to become prevalent over national concerns. In fact it has possibly weakened the regulations of company law so that social and cultural policies will soon be under fire. This seems to be falling under the trap of companies for regime shopping, i.e. the weaker the regulation the higher the investment. In this case the act of defraud was not taken into account, the Danish nationals set out to misuse EU competition law to abuse the requirements of Danish national law. The Centros decision belies this inevitability; however the problem with such lax laws is that they equate to easier exploitation and perfect for re gime shopping for the powerful player in the dispute. This breaches fairness and just rules of law, therefore illustrating the importance of the LCIA. In fact this institution should become the primary organization to deal with international company disputes rather than relying on competing law in domestic regimes. The problem is that unlike the ICC and ICSID it is a voluntary arbitration resolution organization and should be set up through International Convention to deal with these specific disputes. This approach is mirrored by the ICSID, which was set up through states contracting similar to the ICC as an independent branch of the World Bank, but is more concerned with dealing with the problems of individual companies rather than focusing on just state to state problems: The International Centre for Settlement of Investment Disputes (ICSID or the Centre) is a public international organization created under a treaty, the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (the ICSID Convention or the Convention). The Convention was formulated by the Executive Directors of the World Bank and submitted by them on March 18, 1965 to member States of the Bank for consideration with a view to signature and ratification. The Convention, entered into force on October 14, 1966.[14] The aim of this arbitration is to ensure that parties are treated fairly and the stronger power does not take advantage of the position. This is especially important in respect to transnational companies who have an economic advantage over a developing country who needs the investment.[15] Therefore like the fair minded approach of the LCIA it provides an independent place of arbitration that deals with the real problems in state and foreign direct investment and takes away the problem of domestic rules and laws that would clash otherwise. This can be seen in the following exploration of state contract and private international cases, which cause a problem to determining a fair verdict or resolution in domestic courts. In the case of Serbian Loans[16] any contract that is not a contract between states in their capacity as subjects of international law is based on the municipal [domestic] law of some country†¦ The rules thereof may be common to several states and may even be established by international conventions or customs, and in the latter case may possess the character of true international law governing relations between states.[17] Therefore when it comes to investment contracts between states then it will have elements of adhering to the contractual word of the agreement; as well as the duty of care that the obligations are met as in public international contractual agreements. There has been a suggestion that cases that are on a private international matter allows the domestic court that makes the decision have an extraterritorial effect in imposing the obligation across borders, i.e. applying the higher standard of obligation and care that public international law holds.[18] On the o ther hand, the case of Holmes v Bangladesh Biman[19] argued that foreign jurisdictions have no legitimate reason for subjecting their civil law on foreigners in their own country. Therefore these two cases make it difficult for correctly pursuing fraud, negligence or any circumstance that leads to an action when it is a case of foreign investment, i.e. where would you make the action and could you legally serve and enforce the action papers in foreign jurisdiction. There is a possibility by using international treat formalities such as the Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil and Commercial Matters[20] and the Convention of the Taking of Evidence Abroad in Civil or Commercial Matters[21]. There are safety clauses for states to protect its sovereignty under private international law, as this is a major factor in any treaty under public international law, which was used in the case of Westinghouse v Rio Tinto Zinc[22] where the request fel l outside the ambit of the treaty and enabled the UK court to 12(b) of the Convention on Service to deny the request because it impinged on the sovereignty of the UK. The Lotus Case[23] reaffirms the basis of public international law in private international law, which is preserving the sanctity of a state’s sovereignty. Therefore creating difficulties in actions between parties in respect to foreign investment as this falls within the jurisdiction of the offended party’s state, which may not extend to the other party’s state. The case of Nationality Decrees in Tunis and Morocco [24] questions the legitimacy of this approach and introduces the subject of international relations and treaties, i.e. international public law; whereby contractual obligations between states should be fulfilled and only in extreme cases impinged upon. Therefore from an investment perspective, which may be third parties the question of extending jurisdiction should be upon the legality of the contract between the two parties and if the contract was between the two states how the obligations and duty of care would be resolved? The ICJ does not deal with such subject matter and has on occasion had to determine domestic or international jurisdiction in the case of Certain Norwegian Loans[25] where it was decided that it was the jurisdiction of the domestic court. On the other hand, similar facts in the Serbian and Brazilian Loans Cases[26] were held to be an international dispute for the ICJ to settle. This creates a difficult situation for states to understand the extent of private investment matters because its obligations may or may not be held at the normal level of private contract law or the higher level of public international contractual obligations. Therefore the ICSID deals independent with the problems between states and companies that want to invest directly in a given state; whereas the LCID deals with the conflicts between companies that are in differen t states. In both cases it is a lot more successful. Conclusion: Unlike the war crime and human rights arbitration it is a lot more successful to have an international place of arbitration and tribunal for commercial and foreign investment conflicts, as it reduces the problems with state sovereignty and regime shopping. The problem with the ICC is the limitations that the contracting states have placed upon it. It needs to be a lot more proactive and have the powers to deal not just with states, but also actors that assist in human rights abuse. At the moment the ICSID system is the best because it has the backing of International Convention and resolves problems in competing International Private Law systems within states. The LCIA is a voluntary organization, which is a good system but needs to be supported by an International Convention such as the ICSID. The ICC has this International Convention support but has failed on the grounds that its jurisdiction is too limited and previous domestic prosecutions and UN tribunals are much more effective . It would be more effective if it could deal with all actors that cause or have a role in gross human rights violations, because the ICC is not living up to its basic premise: The International Criminal Court (ICC)is the first ever permanent, treaty based, international criminal court established to promote the rule of law and ensure that the gravest international crimes do not go unpunished.[27] Bibliography: Arab Regional Office (2004) Quarterly Report, Office of the High Commissioner for Human Rights, Beirut, Lebanon, March 2004 found at: http://www.unhchr.ch/html/menu2/5/arab-mar04.doc Bagheri, 2004, Competition and Integration among Stock Exchanges: The Dilemma of Conflicting Regulatory Objectives and Strategies, OLJS 24(69) Bananalink, Banana Trade Wars can be found at: http://www.usleap.org/Banana/bananatempnew.htm#tradewars B.R. Barber (1995) JIHAD v McWorld: How Globalism and Tribalism is Reshaping the World, New York, Times Books Catherine Barnard, 2000, Social Dumping And The Race To The Bottom: Some Lessons For The European Union From Delaware E.L. Rev. 2000, 25(1), 57-78 P. Craig, G. De Burca (1999) The Evolution of EU Law, Oxford, Oxford University Press R.K. Gardiner (2003) International Law, Harlow, England, Pearson Laurent Garzaniti. David Pope, 1993, Single Market-Making: EC Regulation Of Securities Markets Comp. Law. 1993, 14(3), 43-54 ICC, About the Court, can be found at www.icc-cpi.int ICSID, Cases, can be found at: http://www.worldbank.org/icsid/cases/cases.htm International Law Commission, 1996, Chapter Three – State Responsibility can be found at http://www.un.org/law/ilc/reports/1996/chap03.htm LCIA, Arbitration Rules can be found at: www.lcia-arbitration.com Prevent Genocide’s website at: http://preventgenocide.org/punish/domestic/index.htm#europe Siems, 2003, Convergence, Competition, Centros and Conflicts Of Law: European Company Law In The 21st Century, E.L. Rev. 2002, 27(1), 47-59 N.E. Simmonds, Introduction in W.N Hohfeld (2001), Syrpis, 2001, Smoke without Fire: The Social Policy Agenda and the Internal Market, ILJ 2001(30) UN Mission in Iraq (UNIKOM) can be found at: http://www.un.org/Depts/dpko/missions/unikom/ K. Waltz (1991) America as a Model for the World? PS: Political Science and Politics: 24(4) M. Waters (1995) Globalization, London, Routledge Weiler, 1999, The Constitution of the Common Market Place: Text and Context in the Evolution of the Free Movement of Goods in Craig De Burca (eds), 1999, The Evolution of EU Law, Oxford University Press, Oxford Worldwatch Institute (2004) State of World 2004: Progress Towards a Sustainable Society, London, Earthscan UN, Rome Statute of the International Criminal Court, Some Questions and Answers, found at: http://www.un.org/law/icc/statute/iccqa.htm United Nations Press Releases, Roman Statute of International Criminal Court, ESCWA, July 2nd 2002 found at: http://www.escwa.org.lb/information/press/un/2002/july/02_2.html UN website, ICTR, can be found at: http://www.ictr.org/default.htm UN website, ICTY can be found at: http://www.un.org/icty/ [1] Reported on Prevent Genocide’s website at: http://preventgenocide.org/punish/domestic/index.htm#europe [2] Reported on Prevent Genocide’s website at: http://preventgenocide.org/punish/domestic/index.htm#europe [3] Reported on Prevent Genocide’s Website at http://preventgenocide.org/punish/domestic/index.htm#americas [4] Reported on Prevent Genocide’s Website at http://preventgenocide.org/punish/domestic/index.htm#americas [5] Reported on Prevent Genocide’s Website at http://preventgenocide.org/punish/domestic/index.htm#americas [6] Reported on Prevent Genocide’s Website at http://preventgenocide.org/punish/domestic/index.htm#americas [7] Reported on Prevent Genocide’s website at: http://preventgenocide.org/punish/domestic/index.htm#europe [8] UN website, ICTR, can be found at: http://www.ictr.org/default.htm [9] UN website, ICTR, can be found at: http://www.ictr.org/default.htm [10] UN website, ICTY can be found at: http://www.un.org/icty/ [11] LCIA, Arbitration Rules can be found at: www.lcia-arbitration.com [12] Siems, 2003, Convergence, Competition, Centros and Conflicts Of Law: European Company Law In The 21st Century, E.L. Rev. 2002, 27(1), 47-59 [13] Centros Ltd v Erhvervs-og Selskabsstyrelsen (C212/97) [2000] 2 W.L.R. 1048 (ECJ) [14] ICSID, Cases, can be found at: http://www.worldbank.org/icsid/cases/cases.htm [15] Tesoro Petroleum Corporation v. Trinidad and Tobago (Case No. CONC/83/1) [16] France v Serbia (1929) Series A Nos 20/21 [17] Ibid [18] Deutsche Schachtbau v Shell International [1990] 1 AC 295 [19] [1989] 1 All ER 852 [20] The Hague, 1965, UKTS 50 [21] The Hague, 1970, UKTS 20 [22] [1978] AC 547 [23]France v Turkey [1927] PCIJ Series A No 10 [24] (1923) Series B No 4

Thursday, September 19, 2019

Solutions to Problems with the No Child Left Behind Act :: Teaching Education Essays Schools

The No Child Left Behind Act (NCLBA) deals with student achievement standards by holding schools accountable for the achievement of their students (Implementation 11). The NCLBA uses standardized tests to chart the success of students. If students are not meeting standards, the school is required to offer tutoring, which is funded by the state with Title I, the education mandate passed in which granted all public schools access to federal grants, money (No Subject 7). The Act itself is not the problem; the problem is that the Adequate Yearly Progress (AYP) standard which is a big part of the NCLBA is not being met. The AYP standard is not being met because schools are not changing their methods quickly enough. It was said in the NCLBA that schools nationwide were to have 100% proficiency of the AYP standard within 12 years (Implementation 9). Since the passing of the NCLBA in 2001, most public schools, nationwide have not improved at all. Solutions There are a number of ways that this problem can be solved. To start, teachers could have to have higher credentials, thus giving them a better understanding of the subject areas in which they teach, and giving the students more and better sources (Facts). Right now teachers are only required to have a bachelor’s degree and be certified to teach, have a teaching certificate. Also, schools could require a minimum amount of studying per week for each student (Implementation 8). As of now, the only schools that require a certain amount of study time are private schools. In each class, there is scheduled time each day/week set aside for studying. Basically, it is a study hall. A lot of schools have study halls already set in place, but, for example, Aransas Pass High School is one of the many schools across the nation which do not enforce studying during that time (Crenshaw). There is one very obvious, but extremely flawed solution to this problem. Schools need to change their curriculums and start focusing more on the

The Military Commander in Othello Essay -- Othello essays

The Military Commander in Othello  Ã‚        Ã‚  Ã‚   The character of the general in William Shakespeare’s tragic drama Othello is quite noble, although plagued by the shortcoming or weakness of gullibility. Let us in this essay look at all the features, both good and bad. of this ill-fated hero.    David Bevington in William Shakespeare: Four Tragedies describes many fine virtues which reside within the general:    Othello’s blackness, like that of the natives dwelling in heathen lands, could betoken to Elizabethan audiences an innocent proneness to accept Christianity, and Othello is one who has already embraced the Christian faith. His first appearance onstage, when he confronts a party of torch-bearing men coming to arrest him and bids his followers sheathe their swords, is sufficiently reminiscent of Christ’s arrest in the Garden of Gethsemane to convey a fleeting comparison between Othello and the Christian God whose charity and forbearance he seeks to emulate. Othello’s blackness may be used in part as an emblem of fallen man, but so are we all fallen. His age similarly strengthens our impression of his wisdom, restraint, leadership. (220)    Is it his â€Å"gullibility† which leads to his downfall? Morton W. Bloomfield and Robert C. Elliott   in Great Plays: Sophocles to Brecht posit the â€Å"lack of insight† of the hero as the cause of his tragic fall:    Othello’s lack of insight, cunningly played upon by Iago, leads to his downfall. And as the full enormity of his deed dawns upon him in the great scene of tragic self-revelation at the end, the audience may perhaps experience catharsis, that purgation of the soul brought about by an almost unbearable pity for him and his victims, and by terror at what human... ...han all his tribe [. . .] .† He dies a noble death, just as he has lived a noble life. Michael Cassio’s evaluation of his end is our evaluation: â€Å"This did I fear, but thought he had no weapon; / For he was great of heart.†       WORKS CITED    Bevington, David, ed. William Shakespeare: Four Tragedies. New York: Bantam Books, 1980.    Bloomfield, Morton W. and Robert C. Elliott, ed. Great Plays: Sophocles to Brecht. New York: Holt, Rinehart and Winston, Inc., 1965.    Coles, Blanche. Shakespeare’s Four Giants. Rindge, New Hampshire: Richard Smith Publisher, 1957.    Jorgensen, Paul A. William Shakespeare: The Tragedies. Boston: Twayne Publishers, 1985.    Shakespeare, William. Othello. In The Electric Shakespeare. Princeton University. 1996. http://www.eiu.edu/~multilit/studyabroad/othello/othello_all.html No line nos.   

Wednesday, September 18, 2019

Herodotus :: Ancient Greece Greek History

Herodotus Herodotus (484-424 BC ?) a Greek historian, known as the father of history, who was the first historian to apply critical evaluation to his material, while also recording divergent opinions. He made his prose style resemble the finest poetry by its persuasiveness, its charm, and its utterly delightful effect. Although his writings have been praised, their trustworthiness has been questioned both in ancient and modern times. After four years in Athens, he traveled widely in Egypt, Asia and the Black Sea region of E. Europe, before settling at Thurii in S. Italy in 443 BC. He wrote accounts of his various travels for the people of Greece. He read his, "History" publicly to the Athenians and was rewarded for this historical work. He contrived to set before his fellow citizens a general picture of the world, of its various races, and of the previous history of those nations which had one. He also was very careful to diversify his pages by scattering among his more serious matter tales, a necdotes, and descriptions of a lighter character, which are very graceful additions to the main narrative. Two men are famous contemporaries of Herodotus, Thucydides, and Xenophon, who were both from Athens. Thucydides (460 BC - 400 BC?) was a better historian than Herodotus and his critical use of sources and research made his "History of the Peloponnesian War" a significant influence on later generations of historians. Xenophon (430 BC - 355 BC?) began his "Hellenica where Thucydides ended his work about 411 BC and carried his history to 362 BC. His writings were superficial in comparison to those of Thucydides, but he wrote with authority on military matters. Herodotus believed that many Greek rituals and customs were inherited from the Egyptians as the Greek civilization developed. He recorded the wide range of religious practices he encountered in his travels, comparing the religious observances of various cultures, such as sacrifice and worship, with their Greek equivalents. He quite possibly followed the cult practices of Serapis, which is the Greek Name for Osiris the embodiment of goodness, who ruled the underworld. He identified Isis with Demeter, the Greek goddess of earth, agriculture, and fertility. About two centuries later, under the Greco-Egyptian Empire, which was created by Alexander the Great, the worship of Osiris (Serapis) was developed as a means of uniting the Greeks and Egyptians. He observed that the Egyptians strongly opposed the acceptance of foreign customs.

Tuesday, September 17, 2019

Primary Healthcare Services Rural Seniors Health And Social Care Essay

One of the most dramatic demographic tendencies in the universe today is the ripening of the population: an addition in the proportion of senior citizens relative to the young person and working age population. The grounds for this tendency are frequently complex. Some of the grounds could be the enormous impact of the babe boomer coevals, additions in life anticipation, alterations in birthrate forms and for many geographical locations, emigration of the younger members of society. This population alteration is apparent in rural Canada where there is a higher ratio of seniors to youth. With this alteration in composing of the rural population, the demands for services are increasing ; in peculiar, primary wellness attention services are particularly of import for senior citizens in rural countries. This includes more focal point on bar and intervention of common diseases and hurts, basic exigency services and wellness publicity. In this essay, I will be analysing Canada ‘s agi ng population, primary wellness attention services, enterprises taken by LHIN ‘s in Ontario to undertake the issue and besides European schemes. Canada ‘s Aging Population Canada faces important ripening of its population as the proportion of seniors increases more quickly than all other age groups. Seniors can be defined as those above the age of 65. In 2001, one in eight Canadians were aged 65 old ages or over. By 2026, one Canadian in five will hold reached age 65 ( Natural Resources Canada, 2009 ) . The challenges of an aging Canadian society will necessitate: continued attempts to better wellness, wellbeing and independency in ulterior life ; ease the engagement of older Canadians in economic and societal life ; strengthen the supportive environments within communities ; and, prolong authorities plans profiting Canadians of all ages ( Natural Resources Canada, 2009 ) . Canada ‘s seniors are a diverse population. Issues related to their overall wellness and wellbeing may change depending on their topographic point of abode ( urban, rural, or northern countries ) , their gender, and their ethno-cultural background every bit good as if they are among Canada ‘s Aboriginal people. Primary Health Care Services Primary wellness attention refers to an attack to wellness and a spectrum of services beyond the traditional wellness attention system. It includes all services that play a portion in wellness, such as income, lodging, instruction, and environment. Primary attention is the component within primary wellness attention that focuses on wellness attention services, including wellness publicity, unwellness and hurt bar, and the diagnosing and intervention of unwellness and hurt ( Health Canada, 2006 ) . Primary Health Care is besides relevant to secondary and third attention. The Primary Health Care attack focuses on advancing wellness and forestalling unwellness. The Primary Health Care attack means being attentive to and turn toing the many factors in the societal, economic and physical environments that affect heath – from diet, income and schooling, to relationships, lodging, workplaces, civilization and environmental quality ( Health Canada, 2006 ) . In add-on, the Primary Heal th Care attack topographic points citizens and patients on the same degree with wellness professionals when it comes to doing determinations about wellness issues that concern them. The five rules normally associated with the Primary Health Care attack are handiness, public engagement, wellness publicity, appropriate engineering and inter-sectoral cooperation ( Health Canada, 2006 ) . Accessibility refers to a go oning and organized supply of indispensable wellness services available to all people with no unreasonable geographic or fiscal barriers. Public engagement means persons and communities have the right and duty to be active spouses in doing determinations about their wellness attention and the wellness of their communities. Health Promotion is the procedure of enabling people to increase control over and to better their wellness. Appropriate engineering includes methods of attention, service bringing, processs and equipment that are socially acceptable and low-cost. Inter se ctoral cooperation is the committedness from all sectors ( authorities, community and wellness ) is indispensable for meaningful action on wellness determiners ( Canadian Nurses Association, 2005 ) . Health Care in Rural Canada The challenge of supplying good quality wellness attention close to place in a state as huge and sparsely populated as Canada is non new. In malice of major scientific promotions and a wellness attention system that is rated amongst the top in the universe, the challenge remains. A figure of factors play a function in the handiness of, and entree to, good quality attention for rural occupants. Distribution of Doctors The uneven rural-urban distribution of doctors has been at the Centre of treatment for a figure of old ages. Less than 10 % of all doctors are known to be practising in rural Canada where about 20 % of the Canadian population resides ( Government of Canada, 2002 ) . When the information is broken down between household doctors general practicians and specializers, it is clear that specializers are even more under-represented in rural parts. Rural parts encounter troubles in recruiting and retaining doctors. Many factors play a function in a doctor ‘s determination to come in rural pattern, including both personal and professional dimensions. Physicians most interested in working in rural countries frequently come from rural backgrounds and are committed to working in this environment. Physicians ‘ determinations to go forth rural pattern are normally influenced by non-monetary factors, such as a deficit of professional back-up, long hours of work, limited chances for farther medical preparation, deficient occupation chances for spouses, and concerns over kids ‘s educational chances ( Government of Canada, 2002 ) . Levels of satisfaction with rural work appear to lift with propinquity to big urban centres. Several inducements are being implemented to promote and retain doctors in rural parts by most states and new schemes are ever being discussed. Another suggestion for covering with the deficit of rural doctors is to do rural wellness a more of import portion of the course of study in medical schools across Canada. The Canadian Medical Association has put forth recommendations that the instruction of doctors for rural pattern deserves particular attending to guarantee adequateness and rightness of larning experiences to run into the alone demands of rural Canada. Medical specializers are besides under-represented in rural countries with, harmonizing to the Canadian Medical Association, merely 5 % of the entire figure of Canadian specializers practising in rural countries. In Ontario, merely 4 % of specializers pattern in rural communities ( Government of Canada, 2002 ) . This state of affairs is expected to go worse in the following 20 old ages, when two-thirds of retiring doctors will be specializers and one-third household physicians/general practicians. This deficit of specializers will doubtless hold an impact on the rural community. It is of import to observe that there are grounds that one can reason with to apologize the uneven distribution of doctors. With Canada ‘s rural population being sparsely distributed in little Numberss, it is non executable to hold many doctors in rural and distant countries where the population is merely a few hundred. Having doctors for such a little figure of people is non economically executable and can take away from other countries that have a greater population. Sing the fact that many to a great extent populated countries are already missing doctors, increasing the figure of doctors for smaller populations may non be the best determination. Distribution of other Health Care Professionals The distribution of doctors is one of the biggest jobs in rural Canada and it is besides the most widely discussed ; nevertheless, it is of import to observe that the handiness of and entree to, other wellness attention professionals is besides of concern. The Canadian Medical Association has found that there is a deficiency of psychiatric nurses, physical healers, occupational healers, address diagnosticians and linguistic communication diagnosticians in rural countries ( Romanow, 2002 ) . Attempts are being made to counterbalance for this job by implementing household wellness squads. A Family Health Team is an attack to primary wellness attention that brings together different wellness attention suppliers to give the best possible quality of attention for the patient. Family Health Teams consist of physicians, nurses, nurse practicians and other wellness attention professionals who work together and convey their ain alone experiences and accomplishments so that the patient receives the really best attention when it is needed ( Ministry of Health and Long-Term Care, 2009 ) . This attack is designed to convey wellness attention as stopping point to place as possible for people populating in rural and distant countries every bit good as urban countries. This attack is besides meant to give physicians support from other wellness attention professionals so doctors and general practicians do non hold to bear the load of covering with patients entirely. Distribution of Health Care installations There is an uneven distribution of infirmary services and wellness attention installations and this reflects the uneven distribution of medical professionals every bit good. The sum of clip and distance it takes for people populating in rural countries to acquire to wellness attention installations is a major job. Traveling for a long clip for a long distance requires clip and money and besides adds to the uncomfortableness of the individual that is badly. There are no infirmaries in many little rural communities. The nearby urban centres may hold infirmaries with basic medical installations. However, patients need to be taken to big urban centres when specialized intervention is needed. For illustration, in Ontario, larger rural communities have infirmaries that provide indispensable services such as 24-hour exigency attention, OBs, anaesthesia, and general surgery. Smaller infirmaries may besides supply these installations ; nevertheless, these medical installations can be dependen t on specializers who may necessitate to be brought in from different infirmaries located in urban centres ( Romanow, 2002 ) . Rural countries have a limited figure of infirmaries which provide a limited figure of services, unlike their urban opposite numbers. When infirmaries do non supply certain services, which can be an issue for people populating in those countries, who already have such limited picks on their wellness attention. For illustration, if the lone infirmary available in a distant country is operated by spiritual leaders and followings, so installations such as abortion can non be available to the people. Although the option of abortion is available in several urban countries, many rural countries do non hold the option and if person is seeking abortion, so they would hold to go long distances to entree such a installation. It is of import to observe that similar to doctors, it may non be economically executable to hold a infirmary for every distant country where the population is much smaller than many of the urban countries. Hence, alternate options such as household wellness squads can be a good option for many of the rural countries. Rural Seniors Large populations of seniors in Canada live in rural countries. Approximately, one tierce of Canada ‘s seniors live in rural countries and little towns ( Minister of Public Works and Services Canada, 2002 ) . Seniors are besides the largest consumers of wellness attention. A figure of wellness jobs are peculiarly prevailing among aged Canadians, including depression, dementedness ( including Alzheimer ‘s Disease ) , osteoporosis, malnutrition, and loss of bodily maps ( sight, hearing, mobility, continency ) . All of these may necessitate specialised medical attention and support services. Traveling long distances to make needed services is peculiarly disputing for seniors with mobility jobs. The bulk of seniors in Canada live independently and it has repeatedly been proven through surveies that independency is a critical influence in seniors ‘ lodging picks. The capacity to populate independently, nevertheless, depends upon a figure of factors, including wellness, fiscal position, and the handiness of support services, which include professional services, such as medical or personal attention ( Minister of Public Works and Services Canada, 2002 ) . Over the old ages, a figure of support services have been developed to assist seniors. These services include repasts for seniors, particular transit, homecare, sing housewifes, societal and recreational plans, and reding and information. Although these services are effectual, they are for the big portion available merely in urban countries. In rural and distant countries there are jobs with entree to primary wellness attention. The deficiency of after hr ‘s services can take to the usage of exigency suites in the infirmary for instances that are non so terrible such as minor hurts or unwellness. Besides, if primary attention suppliers such as household physicians are non available at all, so patients have no pick but to travel to exigency suites in infirmaries for minor hurts and unwellnesss ( Minister of Public Works and Services Canada, 2002 ) . These patients who lack the primary attention supplier and therefore hold to see infirmaries are known as orphan patients. A bulk of the orphan patients are seniors. Besides, due to miss of appropriate attention, many of the patients that need specialized attention have to wait in infirmary beds, and occupy a bed, until they can be transported to other medical installations that offer such attention. The patients that occupy hospital beds in such manner are known as pati ents who need Alternative degree of Care ( ALC ) ( Ministry of Health and Long-Term Care, 2009 ) . It is of import to cover with the deficiency of primary wellness services in rural countries in efficient ways because seniors are more concentrated in rural parts and seniors are the largest consumers of wellness attention. An effectual manner to undertake this would be to use household wellness squads as you can hold a assortment of professionals working together and this can be good to patients every bit good as the medical professionals. Another effectual manner to turn to this issue, particularly the issue of ALC, is to utilize telemedicine. Ontario has one of the largest telemedicine webs in the universe and it is known as the Ontario Telemedicine Network. Telemedicine is the bringing of health-related services and information utilizing telecommunications engineerings. Through videoconferencing, digital instruments like stethoscopes and patient scrutiny cameras, telemedicine can present wellness attention straight to the places of the patients alternatively of patients holding to go ( Ontario Telemedicine Network, 2010 ) . This is particularly effectual in rural countries as the distance required to go can take a batch of clip and money. Cuting down on the traveling can besides be really good to seniors as they would salvage clip, money and they would non hold to go while ill. Telemedicine can assist with Alternative degree of Care patients as the patients now would non hold to go to urban centres and travel to specializers as the specializers can now come to them via videoconferencing. North East LHIN Enterprises The Ministry of Health and Long-Term Care ( MOHLTC ) has started the Aging at Home Strategy with an purpose to reenforce the ability of community support services to let seniors to populate healthy, independent lives in their ain places. The enterprise is being led by the Local Health Integration Networks ( LHINs ) , with each LHIN having a specific support allotment to run into the demands of their local communities. Programs being funded include: enhanced place attention and community support services such as repasts, transit, shopping, snow shoveling and attention giving supports ( Northeast LHIN, 2010 ) . The North East LHIN ‘s enterprise can be peculiarly helpful with primary wellness attention. Their inaugural includes heightening the scope of place attention services for seniors to avoid unneeded ER admittances and support seasonably discharge from ER and infirmary. The North East LHIN besides looks to make intensive community based instance direction, in-home primary attention, enhanced community supports and enhanced mental wellness services ( Northeast LHIN, 2010 ) . European Primary Health Services Initiatives States in Europe besides experience similar issues in primary wellness attention services as Canada does. Looking at the enterprises taken by European states and comparing it to initiatives taken in Canada can be an effectual manner to compare and contrast the different wellness systems and besides to look for farther betterments in the Canadian wellness attention system. In Greece, the authorities has put forth the thought of community centres for the business and protection of older people. There are many of these centres, called KAPI, throughout the state. These centres combine the socialising facet with primary wellness attention installations every bit good as other societal services ( Oxford Institute of Aging, 2003 ) . These centres have societal nines and activities every bit good as primary wellness attention suppliers including doctors and physical therapists. Baseball clubs such as these can besides possibly be effectual in Canada. The nines do non needfully hold to be extras like those in Greece, but utilizing a similar thought can be helpful in footings of primary wellness attention services for seniors. Decision With the uninterrupted rise of the aging population in Canada, the demand for primary wellness attention services are increasing. This includes more focal point on bar and intervention of common diseases and hurts, basic exigency services and wellness publicity. It is of import to implement primary wellness attention services in rural Canada as the bulk of Canada ‘s seniors live in rural countries and besides because seniors are the biggest consumers of wellness attention. Current enterprises such as household wellness squads, telemedicine and the Aging at Home Strategy are taking good paces in footings of presenting primary wellness attention services. A combination of such plans along with larning from several plan applied around the universe can take to better primary wellness attention services for seniors, every bit good as the population as a whole.