Child Marriage: Reasons and Consequences Essay

Acknowledgement I am highly indebted to my Professor who gave me such an interesting project and who helped me in every way possible to complete the project. I owe my deepest sense of gratitude to my parents who influenced me and helped me to complete this project. I would also like to thank the library staff who helped me finding the reference texts. Introduction Child marriage in India, according to Indian law, is a marriage where either the woman is below age 18 or the man is below age 21. Most child marriages involve underage women, many of whom are in poor socio-economic conditions. Child marriages are prevalent in India. Estimates vary widely between sources as to the extent and scale of child marriages. The International Centre for Research on Women-UNICEF publications have estimated India’s child marriage rate to be 47% from small sample surveys of 1998, while the United Nations reports it to be 30% in 2005. The Census of India has counted and reported married women by age, with proportion of females in child marriage falling in each 10 year census period since 1981. In its 2001 census report, India stated zero married girls below age 10, 1.4 million married girls out of 59.2 million girls in the age 10-14, and 11.3 million married girls out of 46.3 million girls in the age 15-19 (which includes 18-19 age groups). Since 2001, child marriage rates in India have fallen another 46%, reaching an overall nationwide average 7% child marriage rates by 2009. Jharkhand is the state with highest child marriage rates in  India (14.1%), while Kerala is the only state where child marriage rates have increased in recent years, particularly in its Muslim community. Rural rates of child marriages were three times higher than urban India rates in 2009. Child marriage was outlawed in 1929, under Indian law. However, in the British colonial times, the legal minimum age of marriage was set at 15 for girls and 18 for boys. Under protests from Muslim organizations in the undivided British India, a personal law Shariat Act was passed in 1937 that allowed child marriages with consent from girl’s guardian. After independence and adoption of Indian constitution in 1950, the child marriage act has undergone several revisions. The minimum legal age for marriage, since 1978, has been 18 for women and 21 for men. The child marriage prevention laws have been challenged in Indian courts, with some Muslim Indian organizations seeking no minimum age and that the age matter is left to their personal law. Child marriage is an active political subject as well as a subject of continuing cases under review in the highest courts of India. The children are forced into the institution of marriage without knowing about its significance in the long run. Though parents are of the opinion that they involve their children in such rituals because it is an age old custom and it will also secure the future of their children but the reality is not so. Though in some cases parents believe in such superstitions and dogmas in other cases greed is the most significant factor. How can a girl’s future become secured if she gets married to a man who is 60 years of age while the girl herself is barely 14 or 15? Only their parent’s future will be secured with the amount of money the man and his family pay in return of the girl. This heinous crime cannot be termed as marriage it is simply selling of the girl child. The man will molest her at a tender age and at the same time he will kiss death pretty soon. The girl will end up being so horrified with the custom of marriage that she will dare not enter the institution again. A whole future filled with frustration and anger will result thereby. The sad news is that the institution of child marriage is still present in India in a number of villages and districts. Though the government has taken strict actions and child marriage has been declared as a big crime, still this practise is prevalent till today. Definition of child marriage India The definition of child marriage was last updated by India with its The Prohibition of Child Marriage Act of 2006, which applies only (a) to Hindus, Christians, Jains, Buddhists and those who are non-Muslims of India, and (b) outside the state of Jammu and Kashmir. For Muslims of India, child marriage definition and regulations based on Sharia and Nikah has been claimed as a personal law subject. For all others, The Prohibition of Child Marriage Act of 2006 defines â€Å"child marriage† means a marriage, or a marriage about to be solemnized, to which either of the contracting parties is a child; and child for purposes of marriage is defined based on gender of the person – if a male, it is 21 years of age, and if a female, 18 years of age. World UNICEF defines child marriage as a formal marriage or informal union before 18 years of age. UN Women has proposed that child marriage be defined as a forced marriage because they believe children under age 18 are incapable of giving a legally valid consent. Statistics The small sample surveys have different methods of estimating overall child marriages in India, some using multi-year basis data. For example, NFHS-3 data for 2005 mentioned in above table, used a survey of women aged 20–24, where they were asked if they were married before they were 18. The NFHS-3 also surveyed older women, up to the age of 49, asking the same question. The survey found that many more 40-49 were married before they turned 18, than 20-24 age women who were interviewed. In 1970s, the minimum legal age of marriage, in India, for women was 15. The states with highest observed marriage rates for under-18 girls in 2009, according to a Registrar General of India report, were Jharkhand (14.1%), West Bengal (13.6%), Bihar (9.3%), Uttar Pradesh (8.9%) and Assam (8.8%). According to this report, despite sharp reductions in child marriage rates since 1991, still 7% of women passing the age of 18 in India were married as of 2009. UNICEF India has played a significant role in highlighting the Indian child marriage rate prevalence data from its 1990s study. According to 2011 nationwide census of India, the average age of marriage for women in India is 21. In the age group 15-19, 69.6% of all women surveyed in India had never been married. WHY DOES CHILD MARRIAGE HAPPEN? (Reasons) Tradition: Child marriage is a traditional practice that in many places happens simply because it has happened for generations – and straying from tradition could mean exclusion from the community. In study sites, pressure to abide by  societal norms was also cited as a reason for the persistence of early marriage. While these norms were clearly internalized by parents, neighbours and others in the community also exerted overt pressure on parents to get their daughters married at a young age. Such pressure included enquiring from parents why they were not getting their daughters married, passing unpleasant comments about the unmarried girl and her parents or bringing them proposals for marriage. But as Graà §a Machel, widow of Nelson Mandela, says, traditions are made by people – we can change them. Institution of patriarchy In many communities where child marriage is practised, girls are not valued as much as boys – they are seen as a burden. The challenge will be to change parents’ attitudes and emphasise that girls who avoid early marriage and stay in school will likely be able to make a greater contribution to their family and their community in the long term. It is important to view the phenomenon of child marriage within the context of patriarchy. â€Å"Patriarchy has a strong hold on Indian Society. It operates at all levels on the basis of sex, age and caste and contributes in lowering the status of women in every possible manner. Stratification and differentiation on the basis of gender are integral features of Patriarchy in India† Gender differences are reflected in the sexual division of labour between the productive and reproductive activities. The collective effect of patriarchy reinforces the subordination of women in the name of care, protection and welfare and makes them dependent on men throughout their lives. Child marriages for women, comparative seniority of husbands, and patrilocal residence upon marriage are thus the attributes of the patriarchal institution. Poverty (Dowry & economic determinants) Where poverty is acute, giving a daughter in marriage allows parents to reduce family expenses by ensuring they have one less person to feed, clothe and educate. In communities where a dowry or ‘bride price’ is paid, it is often welcome income for poor families; in those where the bride’s family pay the groom a dowry, they often have to pay less money if the bride is young and uneducated. Apart from religious considerations, the other reason for child marriages among the higher caste is dowry. Traditionally, dowry  was not prevalent among lower castes, most of whom followed the opposite custom of bride price. Most Brahmans also did not practice dowry, but in recent years this custom has extended itself among both higher and some lower castes. Even non-Hindu communities have not escaped from its evil influence. â€Å"It has been found that quantum of dowry increases with the age and educational level of the perspective brides. Some upper castes parents prefer to keep their daughters uneducated and marry them off young to avoid heavy dowry demand† Parents who are poor and have more than one daughter often arrange the marriage of all their daughters collectively, in one ceremony, to reduce marriage costs. To avoid more expenditure by marrying her at a later age, parents prefer to marry her off at an earlier age. Therefore, the system of dowry perpetuates child marriages. Security: Many parents marry off their daughters young because they feel it is in her best interest, often to ensure her safety in areas where girls are at high risk of physical or sexual assault. Parents of a child entering into a child marriage are often poor and use the marriage as a way to make her future better, especially in areas with little economic opportunities. Dowry is a practice in India where the bride’s family transfers wealth to the groom; in many cases, it is a demand and condition of marriage from the groom’s family. Dowry is found among all religious faiths in India, and the amount of dowry demanded and given by the bride’s family has been correlated to the age of girl. Nagi, in 1993, suggested that the practice of dowry creates a fear and pressure to avoid late marriages, and encourages early marriage. Poverty in India has been cited as a cause of early marriages. Child marriages of girls are a way out of desperate economic conditions, and way to reduce the expenses of a poor family. In some parts of India, the existence of personal laws for Muslims is a cause of child marriages. For example, in Kerala, 3400 girls of 13-18 ages were married in 2012 in the district of Malappuram. Of these, 2800 were Muslim (82%). Efforts to stop this practice with law enforcement have been protested and challenged in courts by Indian Union Muslim League and other Islamic organizations, with the petition that setting a minimum age for marriage of Muslim girls challenges their religious rights. What is the impact of Child Marriage? (Consequences) Child marriage has lasting consequences on girls, which last well beyond adolescence. Women married in their teens or earlier, struggle with the health effects of getting pregnant too young and too often. Early marriages followed by teen pregnancy also significantly increase birth complications and social isolation. In poor countries, early pregnancy limits or eliminates their education options. This affects their economic independence. Girls in child marriages are more likely to suffer from domestic violence, child sexual abuse, and marital rape. EDUCATION Child marriage often means the end of education for girls. It is closely linked to girls dropping out of school, denying children their right to the education they need for their personal development, their preparation for adulthood, and their ability to contribute to their family and community. Out of school and in marriage, child brides are denied the ability to learn the skills that could help them earn an income and lift them and their children out of poverty. Married girls who would like to continue schooling may be both practically and legally excluded from doing so. Child marriage is a major barrier to progress on girls’ education. Over sixty per cent of child brides in developing countries have had no formal education. Many girls aren’t in education because schools are inaccessible or expensive, because of the traditional role girls are expected to play in the household, or simply because parents don’t see the value of education for their daughters. Child marriage and a lack of education for girls are both underpinned by girls’ low status. Little or no schooling strongly correlates with being married at a young age. Conversely, attending school and having higher levels of education protect girls from the possibility of early marriage. In many countries, educating girls often is less of a priority than educating boys. When a woman’s most important role is considered to be that of a wife, mother and homemaker, schooling girls and preparing them for the jobs may be given short shrift. And even when poor families want to send their daughters to school, they often lack access to nearby, quality schools and the ability to pay school fees. It is usually safer and economically more rewarding to spend limited resources on educating sons than daughters.  This boxes families into early marriage as the only viable option for girls. HEALTH Child marriage can have devastating consequences for a girl’s health. It encourages the initiation of sexual activity at an age when girls’ bodies are still developing and when they know little about their sexual and reproductive health. Neither physically or emotionally ready to give birth, child brides face higher risk of death in childbirth and are particularly vulnerable to pregnancy-related injuries such as obstetric fistula. It is extremely difficult for child brides to assert their wishes and needs to their usually older husbands, particularly when it comes to negotiating safe sexual practices and the use of family planning methods. Child brides often face intense social pressure to prove their fertility. When a girl marries as a child, the health of her children suffers too. The children of child brides are at substantially greater risk of perinatal infant mortality and morbidity, and stillbirths and new-born deaths are 50% higher in mothers younger than 20 years than in women who give birth later. There is little doubt that reducing child marriage will help to ensure more children survive into adulthood. POVERTY Poverty is one of the main drivers of child marriage. Child brides are more likely to be poor and to remain poor. Where poverty is acute, giving a daughter in marriage allows parents to reduce family expenses by ensuring they have one less person to feed, clothe and educate. In communities where economic transactions are integral to the marriage process, a dowry or ‘bride price’ is often welcome income for poor families. Child marriage traps girls and their families in a cycle of poverty. Girls who marry young do not receive the educational and economic opportunities that help lift them and their families out of poverty and their children are more likely to undergo the same fate. Domestic violence Married teenage girls with low levels of education suffer greater risk of social isolation, domestic violence and sexual violence from their spouses, than more educated women who marry as adults. Domestic and sexual violence from their husbands has lifelong, devastating mental health consequences for  young girls because they are at a formative stage of psychological development. Child brides, particularly in situations such as vani, also face social isolation, emotional abuse and discrimination in the homes of their husbands and in-laws. Women’s rights Child marriages impact a range of women’s rights such as access to education, freedom of movement, freedom from violence, reproductive rights, and the right to consensual marriage. The consequence of these violations impacts not only the woman, but her children and broader society. Trafficking and sale of girls Child marriage also results in the trafficking of children for various purposes, including prostitution, labour and exploitation. Young girls are lured/forced into marriage for the purpose of selling them to other states. Rajib Haldar, Secretary, Prayas, says: ‘Trafficking of married girls’ is rampant in Rajasthan, Uttar Pradesh, Chhattisgarh and even Kerala.†. Also, a survey of victims of trafficking revealed that 71.8 per cent of the respondents were married when they were children (i.e., when they were less than 18 years of age). This suggests that child marriage is among the key factors that make women and children vulnerable to trafficking Laws against child marriage The Child Marriage Restraint Act of 1929 The Child Marriage Restraint Act, also called the Sarda Act, was a law to restrict the practice of child marriage. It was enacted on 1 April 1930, extended across the whole nation, with the exceptions of the states of Jammu and Kashmir, and applied to every Indian citizen. Its goal was to eliminate the dangers placed on young girls who could not handle the stress of married life and avoid early deaths. This Act defined a male child as 21 years or younger, a female child as 18 years or younger, and a minor as a child of either sex 18 years or younger. The punishment for a male between 18 and 21 years marrying a child became imprisonment of up to 15 days, a fine of 1,000 rupees, or both. The punishment for a male above 21 years of age became imprisonment of up to three months and a possible fine. The punishment for anyone who performed or directed a child marriage ceremony became  imprisonment of up to three months and a possible fine, unless he could prove the marriage he performed was not a child marriage. The punishment for a parent or guardian of a child taking place in the marriage became imprisonment of up to three months or a possible fine. It was amended in 1940 and 1978 to continue rising the ages of male and female children. The Prohibition of Child Marriage Act, 2006 In response to the plea (Writ Petition (C) 212/2003) of the Forum for Fact-finding Documentation and Advocacy at the Supreme Court, the Government of India brought the Prohibition of Child Marriage Act (PCMA) in 2006, and it came into effect on 1 November 2007 to address and fix the shortcomings of the Child Marriage Restraint Act. The change in name was meant to reflect the prevention and prohibition of child marriage, rather than restraining it. The previous Act also made it difficult and time consuming to act against child marriages and did not focus on authorities as possible figures for preventing the marriages. This Act kept the ages of adult males and females the same but made some significant changes to further protect the children. Boys and girls forced into child marriages as minors have the option of voiding their marriage up to two years after reaching adulthood, and in certain circumstances, marriages of minors can be null and void before they reach adulthood. All valuables, money, and gifts must be returned if the marriage is nullified, and the girl must be provided with a place of residency until she marries or becomes an adult. Children born from child marriages are considered legitimate, and the courts are expected to give parental custody with the children’s best interests in mind. Any male over 18 years of age who enters into a marriage with a minor or anyone who directs or conducts a child marriage ceremony can be punished with up to two years of imprisonment or a fine. Applicability Muslim organizations of India have long argued that Indian laws, passed by its parliament, such as the 2006 child marriage law do not apply to Muslims, because marriage is a personal law subject. The Delhi High Court, as well as other state high courts of India, have disagreed. The Delhi Court, for example, ruled that Prohibition of Child Marriage Act, 2006 overrides all personal laws and governs each and every citizen of India. The ruling stated  that an under-age marriage, where either the man or woman is over 16 years old, would not be a void marriage but voidable one, which would become valid if no steps are taken by such court has option to order otherwise. In case either of the parties is less than 16 years old, the marriage is void, given the age of consent is 16 in India, sex with minors under the age of 16 is a statutory crime under Section 376 of Indian Penal Code. Legal Action on Legal Confusion There is a standing legal confusion as to Marital Rape within prohibited Child Marriages in India. Marital rape per se is not a crime in India; but the position with regard to children is confusing. While the exception under the criminal law (section 375, Indian Penal Code, 1860) applicable to adults puts an exception and allows marital rape of a girl child between the age of 15–18 years by her husband; another new and progressive legislation Protection of Children from Sexual Offences Act, 2012 disallows any such sexual relationships and puts such crimes with marriages as an aggravated offense. A Public Interest Litigation filled by Independent Thought – www.ithought.in an organization working on child rights law, is being heard in the Hon’ble Supreme Court of India for declaring the exception allowing marital rape within prohibited child marriages as unconstitutional; Independent Thought vs. Union of India [W.P(civil) 382 of 2013]. CEDAW The Convention on the Elimination of All Forms of Discrimination against Women, commonly known as CEDAW, is an international bill attempting to end discrimination against women. Article 16, Marriage and Family Life, states that all women, as well as men, have the right to choose their spouse, to have the same responsibilities, and to decide on how many children and the spacing between them. This convention states that child marriage should not have a legal effect, all action must be taken to enforce a minimum age, and that all marriages must be put into an official registry. India signed the convention on 30 July 1980 but made the declaration that, because of the nation’s size and amount of people, it’s impractical to have a registration of marriages. Conclusion Child marriage is an age old practice that is still prevalent in India, especially in the state of Rajasthan, Uttar Pradesh, Madhya Pradesh, and Haryana till today. The development and modernization of India and with the implementation of the strict rules of marriageable age to be 18 for girls and 21 for boys has resulted in a considerable downfall in the number of child marriages. Still there is a lack of awareness in small villages where the illegal practice of Child marriage is prevalent. The legal age for marriage in India is 18 years for girls and 21 for boys. Any marriage of a person younger than this is banned under the Child Marriage Prevention Act, 1929. It is an incontrovertible fact that a large number of child marriages are performed in violation of the existing provisions of the law, particularly on ‘Akha Teej’ or ‘Akshaya Tritiya’. When child marriage takes place, the children are too young to understand what marriage means. It is true that the re is a large body of social opinion and customary practice that sanctions early marriage. It is a religious tradition in many places in India and therefore difficult to change. The dire consequences that follow child marriage, particularly for girls are – the child’s education is sacrificed, girls become more vulnerable to domestic violence and due to early pregnancies their health gets much worse. The babies born to girls under 16 are more likely to die during their first year of life. UNICEF describes child marriage as a â€Å"gross violation of all categories of child rights.† It is a social evil that has degraded the status of girl child in our society. Child marriage is against the law but the marriage itself is valid once performed, even if the child was as young as 5 years at the time. Police cannot make arrests without applying for a Magistrate’s order. The present provision for simple imprisonment for 3 months and a fine has proved totally inadequate. To stop this menace, the law must make registration of all marriages mandatory. Stringency of punishment is the next important element in the strategy to tackle this menace. The appointment of anti-child marriage officers in every State, and making it a law that anyone who attends a child marriage has to report it, would help in checking child marriage What is required on the part of the citizens and the government in general is to join hands and raise a movement so wide that every parent could only visualize themselves locked up in jails even if they think of committing such a crime. It is essential on the part of the citizens to  remain active. People who witness child marriages should be determined enough to launch a police complaint against the parents of both the bride and groom. It is essential on the part of the government to award the people who inform about the conduction of child marriages and also to enforce harder laws to discourage this practice. Thus by helping two children from entering into such a horrendous affair, you are assuring a brighter future not only for these children but for India as a whole. Bibliography 1) Jaya Sagade, â€Å"Child Marriage in India† Oxford University Press, New Delhi. 2) http://webcache.googleusercontent.com/search?q=cache:http://www.girlsnotbrides.org/child-marriage/india/&gws_rd=cr&ei=cBktVaSCGI6QuASvsIDwBQ 3) http://www.csrindia.org/child-marriage-in-india 4) http://middleeast.about.com/od/humanrightsdemocracy/a/child-brides.htm

Analysis: Computer Repair Shop

A computer repair shop chooses to back up the users data if there is an issue with the owners computer software. Then they just reinstall the operating system. What the computer repair shop doesnt do is reinstall the users applications.There are good and bad things about doing business this way. Some of the pros are it is less time consuming, all of the users pictures, music, videos, and documents will be backed up, and the computer will end up getting fixed. Doing it this way is less time consuming and that is both good for the computer repair shop and for the customer. Having everything backed up and the computer getting fixed are probably the two most important things to the owner of the computer.Despite all of the good things of fixing the computer of software problems by backing up the computer and reinstalling the operating system there still are some cons. There is not really any cons for the computer repair shop. However, for the user they might not like the fact that the per son repairing the computer will not reinstall the users applications and programs.A user who just uses their pc for browsing the internet and checking emails wont need a backup or any applications reinstalled. Someone who needs their documents for work will need all of them backed up but will probably not need their applications installed for them because they can just do it them selves.

Biological basis of human movement Essay Example | Topics and Well Written Essays - 1500 words

Biological basis of human movement - Essay Example These types of movements are not particularly powerful movements but an important one none the less. The tibialis is responsible for ensuring that the toes are lifted properly during the act of walking. Without this, the foot would constantly drag. The gastrocnemius on the other hand is made up of two thick muscle bellies (composed of muscle fiber bunches) and is responsible for flexing the foot while the knee joint is extended. Comparatively speaking, the gastrocnemius is a larger more powerful muscle than the tibialis anterior. The gastrocnemius is composed of more fibers and contains two muscle bellies as apposed to one. To better understand theses two specific muscles, one must first establish the cellular structure of muscle tissue. Muscular tissue is considered to be contractile or possessing an elastic property, similar to a rubber band. Muscles are made up of certain types of cells called muscle "fibers". These specific types of cells are composed of what is called actin filaments and myosin filaments. It is the interconnecting or interacting of these filaments that is responsible for muscle contractions. The specific types of muscles that this lab is concerned with are called skeletal muscles. These muscles can also be called striated muscles. The term "striated" is given them due to the thread like fibers that they are composed of, which are both light and dark. The appearance of light and dark in these muscle threads is due to the actin and myosin filaments. These thread like fibers cause the muscles to appear striped or "striated". Skeletal muscles are responsible for the movement of limbs and appendages. They are attached to the long bones via tendons. It is the angle that presents between the joint and the muscle that constitutes the angle of pennation that we will be studying. In the observation of these muscles, we need to understand their structure on a cellular level in order to fully comprehend their mechanisms. It is important also to know that each of the skeletal muscles that we are observing is made up of several muscle fibers (cells). These fibers are each a long cell with some unique cellular characteristics. One of the characteristics specific to muscle fibers (cells) is the sarcolemma. The sarcolemma is the plasma membrane to the muscle fiber (cell) with some very important features. It possesses what is called T tubules which are structures specifically for penetrating the cell itself in order to make contact with the sarcoplasmic reticulum. These tubules aim to touch the sarcoplasmic reticulum without actually connecting to it. The sarcoplasmic reticulum is much like an endoplasmic reticulum but an enlarged or expanded version. The sarcoplasmic reticulum is larger or expanded in muscle fibers in order to store calcium ions. Calcium ions are imperative to the contraction of muscles. The part of the muscle fiber responsible for contraction is called the myofibril. Structures called sarcomeres are located within these myofibrils. The sarcomeres contain protein filaments which is the core reason for muscle contraction. This is basically the contraction site of the muscle. The protein filaments are composed of the two filaments mentioned earlier, actin and myosin. The interaction of actin and myosin can be explained by what is called the Sliding Filament Theory. This theory states that

Africa, India and its Neighbors Essay Example | Topics and Well Written Essays - 1250 words

Africa, India and its Neighbors - Essay Example The Sahel covers a vast territory of land from west to east and passes through various prominent countries of Africa including Mauritania, Chad, Niger, Burkina Faso and Mali. The Sahel is situated 5, 400 km away from Atlantic Ocean in the west of Africa to the Red Sea which is situated in the east. The belt or the boundary is about 620 miles in width and covers an area of about 3, 053, 200 square km. the area of Sahel is composed of semi arid grassland, steppers, savannas and thorny shrubs that are lying between Sahara desert and Sudanian Savannas. As far as the topography of Sahel is concerned, it is flat having just 200 to 400 meters elevations. Here it is interesting to note that several mountain ranges and plateaus rise from this boundary commonly known as Sahel. However, these plateaus and mountain ranges are regarded as separate eco- regions because of the distinction in flora and fauna present there (Webster’s Online Dictionary, 2012). Source: (Caritas.Org, 2012) Answer 2: Niger River is the primary river as well as the exotic stream of West Africa with a length of about 4, 200km.Niger River ranks third in Africa just after the River Nile and the River Congo. It is believed that the name ‘Niger’ has its origin with Greeks. It is very interesting to note that Niger River is known by several other names based on its courses. The upper course is known as Joliba, central track is known as Isa Rghirren and Mayo Balleo while the lower stretch is called Quorra. The exotic streams of Niger River have significant impact on the settlements and ongoing trade activities in the region of Africa. Basically, Africa is an agricultural civilization. So, water from these streams is a need for crops’ cultivation. Moreover, this region does not have well developed road network to allow trade activities so trade activities are mostly carried through water ways. Agricultural as well as other commodities are transferred from one place to another thro ugh waterways. So exotic streams originate through River Niger offer transportation routes and in this way facilitate the trade. Last but not the least; the water of these streams is also used in washing, bathing and drinking purposes. Source: (Wikipedia, 2012) Answer 3: TAN- ZAM railways pass which is also known as Tazara or Uhuru Railway connects Kapiri Mposhi town in Zambia with Tanzanian seaport of Dar es Salaam. This railway pass was built in 1970 to 1975 and financed by China. This railway network was especially designed for trade purposes for Zambian productions, particularly copper products. It runs for 1,860 kilometers. So, this network offered economic incentive to the region. However, it is important to note that this railway network is just for trade purposes and definitely, it is not a tourist train. Moreover, railroads have significant value in the economic development of a country. Railways, as in case of TAN- ZAM pass and surely many others round the globe, provides great market for different goods that might be agricultural as well as industrial. Railways connect far going areas of the country and allow widespread business activities that directly contribute in the economic development of a country. Here it is also important to note that before the invention of automobiles, highways and planes, the only way to travel was railroads. Railroads were used to travel goods from one place to another. So, this sort of communication paved the way for unprecedented growth for a country especially at industrial level. Moreover, with the help of train networks people can also travel with great ease, comparatively, at an inexpensive rate. Answer 4: Kenya Tanzania Uganda Capital

Memristor Hardware Analysis Research Paper Example | Topics and Well Written Essays - 1250 words - 1

Memristor Hardware Analysis - Research Paper Example Chua demonstrated a number of principles to expose that there was a ‘missing’ two-terminal circuit element from the family of â€Å"fundamental† passive devices such as resistor, capacitor and inductor. He named it as â€Å"Memristor† because it is a resistor with memory. He said that memristor exists in order to relate the flux in a circuit to the charge but during that time people couldn’t figure out what physics could give rise between flux and charge. People tried to find the causality of the two to find out their relationship. In the mathematical proof of Chua it just shows flux and charge are equal which means that any physical interaction that makes the mathematical equation true gives rise to memristor. He mathematically proved that memristors had features that are not able to generate by any mixture of the other three elements. A common analogy for a resistor is a pipe that carries water. The water itself is analogous to electrical charge, the pressure at the input of the pipe is similar to voltage, and the rate of flow of the water through the pipe is like electrical current. Just as with an electrical resistor, the flow of water through the pipe is faster if the pipe is shorter and/or it has a larger diameter. An analogy for a memristor is an interesting kind of pipe that expands or shrinks when water flows through it.   If water flows through the pipe in one direction, the diameter of the pipe increases, thus enabling the water to flow faster. If water flows through the pipe in the opposite direction, the diameter of the pipe decreases, thus slowing down the flow of water. If the water pressure is turned off, the pipe will retain it most recent diameter until the water is turned back on. Thus, the pipe does not store water like a bucket (or a capacitor) – it remembers how much water flowed thro ugh it (â€Å"HP Memristor FaQ†). The characteristic of memristor is

Information Systems Essay Example | Topics and Well Written Essays - 3000 words

Information Systems - Essay Example The researcher of this essay provides the reader with detailed explanation of Apple's company success. From the earliest government sponsored projects to produce computers based on vacuum tubes to today’s multi-core systems, the saga of computer technology has seen major players ousted and minor players become leaders. While many companies have come and gone over the past 40 years, Apple Computer comes across as one of the companies which has stood the test of time and has managed to turn out convincing products that have given it an image of innovation and being a radical organization. The essay describes that Apple is an American company and one of the front runners amongst computer hardware, software and allied equipment manufacturers. The company prides itself on creating innovative products for the consumer electronics and technology sectors. In 2005, it posted global sales of nearly 14 Billion dollars and had more than fourteen thousand people working for it around the w orld. The researcher then uses different analysis models, such as Porter’s Five Forces, Value Chain, Competitive Advantage, Value Proposition, Revenue Model and Information System to describe and present Apple's corporative strengths and weaknesses in modern market. For example, the five forces model shows that Apple has a significantly strong position in the market for some of its products e.g. the iPod and the iTunes Music Store but for others it is positioned on rather weak footing e.g. personal computers.

Alzheimer's disease market analysis Assignment Example | Topics and Well Written Essays - 2250 words

Alzheimer's disease market analysis - Assignment Example 5.1 people of the age above 65 have 3.2 million women affected and 1.9 being men. In United States, there are more non-Hispanic whites that live with the condition and other dementias that have the condition more than other race or ethnic group in United States 2. Older Hispanic and African-Americans are more likely to develop the condition as compared to other whites and dementias. Studies show that half of children whose parents are affected will develop the disease. The onsets of age for such families who develop the disease tend to be relatively low and are usually at the age of between 35 and 60. The onset in the families has been determined to be fairly constant. Children with Down’s syndrome will develop the disease when they are in the middle age though they may not display the full range of symptoms. Worldwide, the estimated population with the condition of Alzheimer’s or related dementia is nearly 44 million. In the population only 1 in 4 people with the condition have been diagnosed. The rate is in high increase where in 2030, the estimated population with the condition is expected to increase with nearly 76 million. Research shows that in nearly four seconds, there is development of a new case of dementia. Alzheimer and dementia is more common in Western Europe than in any part of the world. The region where the condition is less prevalent is in sub-Saharan Africa. Environment and activities that are carried out by an individual is much important as there are practices that accelerate the development of the condition. There has been a summary of the role of diet, disease and activities that potentially play a role in the onset of the disease. Hypertension, diabetes, obesity, smoking and dyslipidemia have been found to increase the risk of Alzheimer The factors that have portrayed reduction in the risk of getting the disease include Mediterranean diet as well as higher education 3. Mediterranean diet acts as an antioxidant and

Use of PEEP in Ventilation Essay Example | Topics and Well Written Essays - 2000 words

Use of PEEP in Ventilation - Essay Example A ventilator is a mechanism that provides sufficient oxygen to a patient from externally. Normally, during passive exhalation, the alveolar pressure is the same as the atmospheric pressure at the end of exhalation. Positive end expiratory pressure (PEEP) is used mainly to recruit or stabilize lung units and improve oxygenation in patients with hypoxemic respiratory failure thereby the pressure of the alveoli at the end of exhalation is maintained at appropriate level. Measurement of respiratory system mechanics in patients who are subjected to external mechanical ventilation suffering from low tidal volumes is important to assess the status of the ailment and to choose appropriate ventilator settings. (Pilar Saura & Lluis Blanch, 2002). Researches so far carried out have thrown light on the descriptive side of application of PEEP. However no controlled studies have been done to demonstrate the best method of choosing the level of PEEP. In fact most physicians hesitate to use PEEP lev el more than 10cm H2O.(Jesus Villar, 2003,) The primary function of the lungs involves the transfer of oxygen from the inhaled air into the blood and the transfer of carbon dioxide from the blood into the exhaled air. Whenever a patient suffers from the malfunctioning of lungs due to improper gas exchange he is supposed to be within the enclave of respiratory failure. ARDS, the Acute Respiratory Distress Syndrome is often the fertile soil for respiratory failure to get nurtured. In ARDS there is sudden respiratory failure due to the rapid accumulation of fluid in the lungs following an abrupt increase in the permeability of the normal barrier between the capillaries and the alveoli air sacs in the lungs. This damages the capillaries and alveoli air sacs. Leakage of fluid from the damaged capillaries to air sacs causing some sacs to collapse and some sacs filled with the fluid. This makes the lung stiff. Gas exchange is

Analysis Writing Essay Example | Topics and Well Written Essays - 750 words

Analysis Writing - Essay Example The last trait of his hierarchy of needs is self-actualization which serves as the pinnacle of human character’s highest inner traits such as our capacity to love, spirituality, to create and to have compassion. Although this was not empirically verified by Maslow himself, this theory of his about motivation still stands today (Goodman 1968). According to Maslow’s Hierarchy of Need, our needs motivate us to do the things that we do. The five levels of motivation of Abraham Maslow are physiological need, safety need, social need, esteem need and self-actualization need. The physiological needs are the physical needs that we need to satisfy in order to live such as eating when we are hungry, drinking when we are thirsty. Our safety needs on the other hand are our need to feel safe and secure and will act accordingly to this need when we are threatened to preserve ourselves. Our love needs are our need for belonging and love. People who have not satisfied this need will feel isolated and lonely. Self-esteem needs are the need to feel good about ourselves and this comes in the form of respect and how others perceive us. Finally, the self-actualization need which is the most complex of all is to the need to satisfy our need to be fulfilled whose methods could range in a lot of things from satisfying our aesthetic need, growth needs or plainly doing the things that we love and feel good about in doing it (Hoffman 1992). Applying these principles to some elements of my life, knowledge and experience, I can relate this to my present stature as a student. Maslow’s hierarchy of needs can help solve some basic issues in my daily life such as procrastination and the understanding why I do things the way I do and make me better as a person by understanding myself more. I can apply here why I tend to procrastinate in doing some projects and admittedly, including studying and other school works. Analysing my stature as a student based on Maslow’s hierarchy

Experiences Pt.2 Essay Example | Topics and Well Written Essays - 250 words

Experiences Pt.2 - Essay Example It furthermore provides them with the opportunity of staying physically fit and healthy. What I took home from this experience, in addition to fine tuning my body, is how to plan and organize activities, exploring new places for climbing, encouraging members to keep climbing till they reach the top and celebrating with them once we reached the peak. In addition to being a source for doing something I love, this club has helped me better enhance my leadership and communication skills. With the recent dire situations going on in Gaza, I now believe more than ever that I should be given a chance to become a medical professional so I can save people’s lives. Having been brought up in economically and financially backward situations, I have always been at a disadvantage since my birth. I have only seen my family struggling, and in order to fend for the family, once I was old enough I started to help my father with the family business too. Despite the lack of financial resources, we together as a family have strived into leading at least an average life. Although I am fortunate my family now considers the US as our home, my roots of being a Palestinian have always caused me misery. When an individual is afraid to speak of their origin to others, it becomes clear that others are prejudiced and racially discriminating against them, and my case is no different. Thus, I always felt as an outcast and I never had the fortune of feeling a good affiliation no matter wh ere I

Prisons and Jails Essay Example for Free

Prisons and Jails Essay Almost all nations and cultures have made laws to protect their citizens. From the early years and over the decades these laws have been kept in force to prevent the societies from experiencing situations of anarchy. Different punishment has been provided for in different countries to prevent its people from adopting a path and practice of criminal activities. The world of today is characterized by the presence of criminals who are brought to book and punished in a variety of ways depending on the culture and values of any country or society. Prisoners have been locked up in prisons and meted out with terms that include punishment by way of a rigorous regimen of hard labor while undergoing the term as also milder ones that may include a stint in reformatory homes. Historically punishments have ranged from corporal punishment to death penalty, Several countries have for long been awarding the death penalty for committing heinous crimes that were executed in several forms that included, hanging, guillotine, by firing squad, lynching and now electric chair. The Babylonian Code of Hammurabi is the oldest record available to ascertain that a egal system existed to award punishment in the Middle East. Western countries were influenced by and followed the laws enacted in ancient Rome whereby each city had a court that worked under the Law of Twelve Tables so as to protect citizens and to make the rulers and governments effective. The Justinian Code is considered to be the most logical and effective legal system that was most effective in ancient times whereby punishment was meted out by the process of Law. In due course people began to realize the value of a legal system that protected citizens and each country began to appoint heriffs to deal with punishments and the justice system became a major part of society although they were never fool proof and were always characterized by shortcomings that put a question mark on the efficiency of the judiciary. In ancient times the justice and reform system was often misused when criminals were hung on crosses, sometimes tortured to death or placed in dungeons to die. Those citizens who protested were also treated as criminals and tortured or put behind bars. It was during this time, in the 19th century and mainly in the Roman Empire that civil justice was effectively implemented nd more prisons were built to punish criminals humanely. This soon had effect on the rest of the world and with the emergence of the modern world more prisons were built and departments set up to manage them effectively. With the widespread maturing of the legal system over the decades, more and more criminals were brought to book and the law abiding citizens heaved a sigh of relief especially during the time of the Queen of Britain at the turn of the 19th century. Under the new system the criminal was given an opportunity to prove himself innocent and the overnment had to prove a person to be guilty of crime within the prevailing provisions of law, before he could be sentenced to a term of punishment and imprisonment. Although capital punishment continued to prevail but it was awarded in the rarest of rare cases. Over the years with the influence of Human Rights Organizations and Civil Rights Movements, the trend has set in to rather reform the wrong doers than to award extreme penalties by giving sentenced criminals opportunities to amend themselves and to come back within the mainstream of society. Under the system convicts are put on probation or parole under the watchful eyes of probation officers appointed by courts to ensure that such people remain disciplined and strictly follow the code of conduct as outlined by the court. The view of punishment taken by society has changed dramatically over the years. Initially punishment comprised of physical torture, maiming, death by burning, hard labor, deprivation of food adequate clothing and shelter, but attitudes of the society have changed now and the belief is to punish by way of imprisonment of varying periods epending on the severity of the crime. Imprisonment today is considered punishment for one’s wrong doings, which is also consistent with the society’s objective of keeping such people aloof until they are reformed to lead a normal life within society. To insist that a person is sent to prison so that he is punished is wrong in today’s context since after he completes his term he has the justification to return to his old ways. Hence prison authorities today have a duty to fulfill by way of reforming the convict during his term so as to transform him into a more responsible citizen. It is for this reason that in most countries modern society is characterized by a prison and punishment system that strongly believes that the most effective form of punishment is to deprive the convict of his freedom until he is reformed. In this context the composition and diversity of prison population in America has been examined and found that presently over two million people are in American prisons. This does indicate that modern society has now been characterized by a pattern, which clearly indicates that the government is duty bound to ensure freedom to criminals once their 4 rison terms are over and that they gel back into society with a tag of respect and positive aspirations. The changing attitudes and trends have seen a constant inflow of inmates in the Federal, State and local prisons. The Federal government held a majority of 63% of the inmates while local municipal and county jails held 30%, and the remaining being accounted for in other prisons.. Most states have been experiencing a 5% increase in the number of inmates over the last three years. Private prisons held about 86626 prisoners which accounts for about 7% of the inmates in American prison. A private prison is a place in which convicts are physically detained by a private organization for profit at the instance of the legal authorities. These companies enter into an agreement with the federal government to take care of and reform and motivate prisoners and claim from them a fixed fee amount per prisoner. There are about 264 private prisons/correctional facilities in the United States that take care of about 110000 offenders. The concept of private prisons was floated to reduce government expenses in the long run, but the scheme has not worked effectively due to private sector neffectiveness with convicts, and having realized this the federal government is not encouraging further addition to their numbers. The number of private prisons is now set to decline gradually. Rates of imprisonment have greatly increased due to increase in the rate of criminal offences, which is considered a consequence of the fast track development that is taking place in the modern world. More delinquencies resulting from human inadequacies to tolerate inequalities have resulted in people taking the course first towards minor crimes and then graduating to bigger ones and then ultimately falling into legal traps that lead to their conviction and further imprisonment. In America imprisonment is the most common sentence in legislation for serious offences in terms of dealing with criminal activities, which explains the high number of prisoners in jails. Only effective and well targeted correction measures and programs can reduce criminal offending and over time there is good reason to target investment in preventive approaches for the betterment of those undergoing prison sentences. As discussed earlier, in the modern world the biggest punishment for a criminal is to urtail his freedom for the duration of his sentence and during this time it is the duty of the jail administration to make him undergo a rigorous regimen of correction and transformation into a more responsible and law abiding citizen. The American government has an arrangement in place whereby all jail administrators are to undergo a training program to specialize in dealing with and reforming convicts and to encourage them in displaying their creativity and interests so that when their prison term is over they can lead the life style that is in keeping with that of a responsible and respectable citizen. The American judicial and correction system is such that it is considered to be one of the most liberal in terms of providing guarantees of human rights and opportunities for misguided people to reform themselves. There are several government sponsored programs that provide for opportunities for such people to reestablish themselves for a better means of livelihood. The punishment part for their wrong doings gets over the moment they finish with the duration of their prison sentence and after that they can look forward to a happier life free of the stigma that attaches to a person of such background.

Case Study About Frauds in Information System Essay Example for Free

Case Study About Frauds in Information System Essay 1. Compose a summary of the case. Include how the fraud was perpetrated, the characteristics of the perpetrator(s) who committed the fraud, the role the auditor(s) had in the case, and the direct and indirect effects the incident had on the organization’s stakeholders (customers, vendors, employees, executive committee, and board of directors). Comerica is being sued by Experi- Metal’s for a $560,000 phishing attack to their bank account. Experi- Metal, a custom auto- parts maker, was hit by phishing criminals in January 2009. The fraud was perpetrated when the bank’s vice president received a phishing email telling him to fill out online paperwork to perform scheduled maintenance. The e-mail appeared to have been sent from the bank. The email was sent from phishing criminals) Once the president sent over his credentials the attack was started. Experi- Metal accused Comerica of failing to take immediate action that could have eliminated some of the loss. The bank processed over a million dollars in wires from the companies account. The attack was done in a matter of hours. Criminals tried to move millions of dollars to an Eastern Europe account. Comerica learned of the attack within four hours of the fraud. J.P. Morgan Chase contacted Comerica to report suspicious activity in the account. The criminals were funding money into the Chase Accounts to move it overseas to Russia and Estonia. Comerica shut down the scam but it was after the business lost money. Comerica shut down the account but still processed 15 wires after finding out about the scam. Comerica filed suit against the bank for the phishing attack and to try to recoup some of the money that was paid out through the phishing attack. The characteristics of the perpetrator are usually people from abroad and the emails have spelling errors. The attacks come from abroad and the emails will contain misspelled and transposed letters. The attackers send out thousands of emails trying to get an individual to respond. The emails are intended to trick users into clicking on the link and entering their personal information. The email will impersonate a company such as a bank. The email will state there is a problem and need the individual to verify their information. It will include a cause of action prompting the user to respond or delete. The direct and indirect effects on the organization’s stakeholders were the bottom line would be understated because of the lost of money. â€Å"Phishing scams deceive you into revealing your personal, banking, or financial information through links in email that refer your browser to a look- alike fake website that requests your personal, banking and/ or financial†.(Roddel, 2008, pg. 93) The board of directors would need to put something in place with the bank to make sure this doesn’t happen again. This is a lack of internal controls because the vice president should have verified the email before providing his credentials. The direct impact is to cripple the company and its availability of funds, breach confidentiality, and safety. Phishing has a negative impact on a company’s revenue which is a direct impact on the stakeholders. The direct effect could include legal fees, and additional marketing expense to recapture lost revenues. An organization should communicate with its stakeholders when a phishing attack happens to eliminate the stakeholders losing confidence in the organization. An indirect effect to stakeholders is responding to media inquiries, and delivering messages to parties affected. 2. Suggest the fraud classification(s) the case can be categorized into (based on the data processing model). Include your rationale for the classification. â€Å"By far the most common form of corporate identity theft used by fraudsters is ‘phishing’. Phishing involves fraudsters sending e-mails under the guise of a bank or other reputable company, which appear authentic, to customers or users of that particular company. The emails invite them to log on to the company’s website and verify their account details, including their personal identification details† (Simmons Simmons, 2003, pg. 8). The controller of Experi-Metal’s received an email that appeared to be urgent. The email stated the bank needed to carry out scheduled maintenance on its banking software. It instructed the controller to log in to the website via the link in the email. The email appeared to come from Comerica’s online banking site. The site asked the controller to enter a security code. The website was fraudulent and was used to get the information to process the fraudulent wires. 3. Suggest the type of controls that may have been in place at the time of the violation. The goal of any organization is to prevent or limit the impact of phishing attacks. The company probably had an in house phishing plan in place. Corporate organizations have policies and procedures to help deter phishing attacks. This should have included training of employees to avoid a phishing attack. The controls in place at Experi-Metal probably included a preventive plan that consisted of employee training and e-mail filters. There needs to be more effective controls in place to prevent this from happening in the future. The controller should never have given his personal information out online without verifying through the bank. Management has to be made aware of the types of phishing attacks through education and an effective policy needs to be in place to cover these types of attacks. The system did not fail it was the actions of the controller which led to the phishing attack. 4. Recommend two (2) types of controls that could be implemented to prevent fraud in the future and additional steps management can take to mitigate losses. â€Å"Avoid emailing personal and financial information. If you get an unexpected email from a company or government agency asking for your personal information, contact the company or agency cited in the email, using a telephone number you know to be genuine, or start a new Internet session and type in the Web address that you know is correct† (McMillian, 2006, pg. 160). A variety of efforts aim to deter phishing through law enforcement, and automated detection. One thing that should be stressed at Experi- Metal is never follow links in an email claiming to be from a bank. Bank institutions never ask you to verify your online banking username and password. The controller should have contacted the bank and verified the information before he entered the code. The motto is trust no email or web site. The business should have in place controls to keep this from happening going forward. Second, Experi- Metal should install a good Anti-virus and firewall protection software and adjust the settings to tighten up web security. Any customer or business that has an excessive amount of wires the bank should place a stop on the account and it needs to be verified before anymore wires are processed. Experi-Metal could have positive pay on the account and this would eliminate any wires from being processed without their approval. Additional employee training should be offered to help employee’s be able to notice fraudulent emails. An individual should never respond to any emails asking for personal information. The bank should follow policy to protect and inform customers about fraudulent activity. 5. Judge the punishment of the crime (was it appropriate, too lenient, or too harsh) and whether the punishment would serve as a deterrent to similar acts in the future. The court ruled in favor of Experi- Metal in the case. Comerica was held liable for over half a million dollars stolen from Experi-Metal. The punishment was not hard because Comerica failed to act in good faith when it processed over 100 wire transfers in a few hours. The bank should have stopped the wire transfers and contacted the company. A customer is holding a bank responsible to keep their money safe. Most of the money was recovered but the judge ruled in favor of Experi-Metal based on the fact the bank did not respond quick enough in stopping the wire transfers. Banks are doing a better job at spotting fraud because of this case but there is still room for improvement. This was a major case because it put pressure on banks to strengthen their security posture. The judge is holding the banks responsible to the safe keeping of a company’s money.

Harmonization of International Commercial Law

Harmonization of International Commercial Law SUMMATIVE ASSESSMENT Introduction The international commercial law has grown and modified in twentieth century. Technological advances made international transactions easy and more efficient for the merchants to buy and sale across state borders. The move towards globalization comes with it several problems both for lawyers and legal systems. Outdated legal rules are obstacle to economic growth and technological development. Due to the economic demands there has always been a heavy tendency in international commercial law to uniform and harmonise. This assessment focuses on discussing the methods to achieve harmonization of international commercial law and the reasons of many areas of commercial law remain unharmonised. Harmonisation Harmonisation, is a process which may result in unification of law subject to a number of (often utopian) conditions being fulfilled, such as, for example, wide or universal geographical acceptance of harmonising instruments, and with wide scope of harmonising instruments which effectively substitute all pre-existing law. Harmonising instruments have two objectives. The first purpose is unification of law and the second purpose is creating a law reform when the current law unable to deal with developing commercial practices. The harmonisation of commercial law is considered a key factor in reducing the cost of doing business as it provides the certainty and predictability for the parties of a contract in international transactions.[1] Methods of Harmonisation A considerable number of methods came out to achieve these goals. These methods are; legislative (conventions, model laws and model legislative or treaty provisions), explanatory (legislative guides and legal guides for use in legal practice), and contractual (standard contract clauses and rules)[2] International Treaties or Convention International treaties or conventions are binding forces and will be applied directly but they are not effective unless it ratified by the nations. Treaties or conventions which represents hard law methods of harmonisation are the primary instruments. They usually embody a uniform law. Due to the international treaty reservations the degree of the uniformity decrease. Interpretation differences or mistakes may be dangerous for the uniformity of international conventions. The rules of international convention would classify the law applicable to the controversy, and the judge would make the selection of the applicable law of the jurisdiction which is highly foreseeable, fair and adequate. Conventions provide certainty of law, flexibility and adaptability however, there are some arguments against conventions. Individual nations do not intent to negotiate conventions as an equal partners. Because of this sovereignty problem may arise in the context of international commercial regulations. The negotiation and drafting process of international conventions are slowly and expensive process. Worldwide impact of conventions on domestic law reform appears to be less important impact than model laws or other soft law instruments. It is assumed that conventions decrease the competition between legal systems and regulatory arrangements. Conventions are specific and fragmentary in character. They lack coherence and consistency. Delays in ratification of the convention means it may take for a long time before the convention comes into force. They still dont have ability to react changing circumstances. They may create issues about their scope. The subject of the courts are interpretation of the statutory law and there is no guarantee that harmonised law will be interpreted in harmonised manner. International conventions are hard to amend in instances requiring a place to economic change or progress of technology or practice. Rigidity of the conventions during the treaty making process and their lack of flexibility discourages nations from implementing to international conventions. They announce uncertainty that no uncertainty existed before. Some examples of harmonising conventions are Vienna Convention on Contracts for the International Sale of Goods , the Geneva Convention on Agency in the International Sale of Goods, UN Convention on International Bills of Exchange and International Promissory Notes, the Cape Town Convention on International Interests in Mobile Equipment. Model Laws Model laws are more flexible than treaties and have no legal force, so they have soft law character. Soft law, policy declarations, guidelines or codes of conduct that set standard of conduct and not directly enforceable. Therefore, they are advisory. Domestic legislation changed for international trade to provide solutions for the international transactions. The model laws are facultative harmonising instrument which are not legally operative. With or without amendment individual nations may adopt model laws entirely or partly. However, with respect to unification their use is limited as adopting countries are under no obligation either to apply the law or accept it without variation. Furthermore, model laws mainly benefit t those countries whose law is underdeveloped in the area covered by the model law.[3] Modern Laws are more appropriate for the unification and modernization of national laws. Flexibility of the modern laws makes them easier to negotiate than a text containing obligations can not be changed. UNCITRAL Model Law on International Commercial Arbitration is a good example for model law. Large amount of jurisdiction have adopted it. In the modern global environment it is very powerful motivation for harmonization. Especially, for the developing countries which are moving from mixed or planned economies to a free market economy. Another successful instance in the area of international commercial law is the Model Law on Cross-Border Insolvency. Legislative Guides or Legal Guides They have soft law character. They can be very detailed but their effect is limited because of their non-binding nature. Governments and legislators are the users of legislative guides. Legislative guides are ideally suited to an organization like UNIDROIT. When it is not achievable or essential to develop set of rules, legislative guides may be an alternative for giving explanations in respect of contract drafting. International Business Practice Guides International business practice guides are addressed at professional and trade associations. Generally, guides are educational practices that discusses technical, economic and real background of legal problems. Also they explain and find available solutions for the legal concepts and concludes by making recommendations. International Trade Terms International trade terms promulgated by non-governmental organization. If they incorporated into a contract they can have the force of law. INCOTERMS rules codifying custom and usage such as the ICCs Uniform Custom and Practice for Documentary Credits. This is, obviously, a reference to codifications and restatements by international scholars and practitioners such as UPICC and PECL.[4] Restatements Its addresses and potential users are not only contract drafters, but national and international legislators, arbitral tribunals and courts as well. Restatements of contract law promulgated by scholars and experts. They are advisory and they have soft law character. Principle of European Contract Law (PECL) Principles of European Contract Law (PECL) was published by the Lando Commission in 1995. This commission consisted on European contract law academics. It aims   to   produce   European   Commercial   Code.   Principles   are   more   limited   in   scope   and   they dont   have   legal   force.   However,   contracting   parties   may   agree   to   give   their   contracts   binding   effect   about   their   contract   subject.   Many   countries   followed   their   instructions   as   a   model   law   reform   project   and   parties   to   a contract   chose   them   to   govern   their   contract.   They   contributed   a   key   role   to   the   development   of   European   Contract   Law. Unidroit   Principles   of   International   Commercial   Contracts   (UPICC) UPICC   represents   the   legislative   codification   of   restatement   of   a   law   of   international   commercial   contract,   but   do   not   have   the   force   of   law.   They   offer   a   set   of   rules   produced   by   scholars,   which   cover   all   important   areas   of   general   contract   law   and   appear   to   be   a   resource   for   those   courts   and   arbitral   tribunals   who   find   them   helpful.[5] Although   these   principles   are   not   binding,   they   have   managed   to   earn   recognition   around   the   world,   in   academic   circles   and   practice.   UPICC   can   response   the   questions   that   not   covered   by   the   CISG.   These   are   would   be   fraud,   authority   of   agents,   third   party   rights   and   others.   UPICC   is   more   comprehensive   instrument   than   CISG.   UPICC   often   applied   as   a   gap   filler   to   interpret   and   supplement   law   instruments   and   specifically   the   CISG. Institutions Intergovernmental   and   non-governmental   agencies   have   been   involved   in   the   harmonisation   process. International   Institute   for   the   Unification   of   Private   Law   (UNIDROIT) UNIDROIT   is   an   intergovernmental   agency   that   interested   with   not   only   commercial   law   but   also   whole   private   law.   Management   of   researches   and   drafting   conventions   are   the   purposes   of   UNIDROIT.   UNIDROIT   has   produced   conventions   which   designed   to   operate   besides   the   Vienna   Convention   on   Contracts   for   the   International   Sale   of   Goods   and   covering   international   factoring,   international   finance   leasing   and   agency.   UNIDROIT   consists   of   General   Assembly,   the   Governing   Council   and   the   Secretariat.   UNIDROIT   put   into   use   to   enforcement   of   international   agreement   or   convention   that   requires   the   approval   of   its   member   countries. The   problem   is   tha t   trade   law   rules   different   from   one   state   to another.   It   produced  Ã‚   a   Hague   Convention   which   uniform   law   on   international   sales. United   Nations   Commission   of   International   Trade   Law   (UNCITRAL) UNCITRAL   is   an   intergovernmental   agency   that   promulgates   conventions,   model   laws   and   other   instruments.   Especially,   it   shapes   a   model   law   which   implements   to   international   commercial   arbitration   when   each   party   to   the   arbitration   has  Ã‚   its   place   of   business   in   a   different   country.   UNCITRAL   also   organizes   the   activities   of   the   different   agencies   involved   in  Ã‚   international   trade   law.   UNCITRAL   aims   to   help   remove   barriers   to   international   trade.   The   most   important   product   which   is   constituted   by   UNCITRAL   is   the   Vienna   Convention   On   Contracts   for   the   International   Sale   of   Goods.   It   aims   to   harmonise   the   rules   governing   the   design   of  Ã‚   rights   and   duties   under   international   sales   contract. The   difference   between   UNCITRAL   and   UNIDROIT   is   UNIDROIT   was   set   up   to   promote   the   dynamic   harmonisation   of   private   law   and   also   including   commercial   law   whereas   UNCITRAL   is   a   specialist   body   of   United   Nations   devoted   to   the   harmonisation   of   international   trade   law. International   Chamber   of   Commerce (ICC) ICC   which   has   an   non-governmental   body   promotes   trade   by   opening   markets   and   encouraging   the   flow   of   capital.   Having   a   non   law   producing   body,   ICC   deals   with   unifying   and   harmonising   commercial law   using   soft   law   methods.   Therefore,   ICC   does   not   focus   on   the   preparation   of   international   conventions   or model   laws.   ICC   promotes   uniform   trade   terms,   uniform   rules   and   model   forms   which   are   adopted   by   contracting   parties.   As   a   result   of   this   ICC   would   not   convenient   for   the   development   of   uniform   rules, preference of   competing   property   rights   or   the   jurisdiction   of   courts.   It   accomplishes   legal   studies   on   topic   and   provides    and   arbitration   service   for   disputes. It   represents   two   important   international   trading   instruments.   In   the   area   of   international   dispute   resolution   the   ICC   Court   of   International   Arbitration   is   a   leading   institutions.   These   are   INCOTERMS   and   The   Uniform   Customs and   Practice   for   Documentary   Credits.   They   do   not   have   any   legal  Ã‚   status   and   reach   their   legal   effect   through   contract..   INCOTERMS   sets   out   rights   and   duties   for   the   parties   of   international   contract.   ICC   rules   has   a   fairly   high   influence. New   Lex   Mercatoria New   lex   mercatoria   is   very   different   from   medieval   lex   mercatoria.   New   lex   mercatoria   can   be   derived   from   various   sources.   The   growth   of   international   trade   and   the   influence   of   mercantile   usage   have   led   several   influential   scholars   to   conclude   that   there   exist   a   body   of   uncodified   international   commercial law,   the   new   lex   mercatoria,   which   has   normative   force   in   its   own   right   and   is   dependent   neither   on   incorporation   by   contract   nor   on   adoption   by   legislation   or   judicial   reception   in   a   national   legal   system.[6] Now   both   professional   associations   and   legal   scholars are   working   for   the   codification   of   new   lex   mercatoria. It   is   suggested   that   new   lex   mercatoria   might   consist   of   international   trade   usages.   It   has   been   suggested   that   they   might   include   concepts   such   as   UNIDROIT   Principles   of   International   Commercial   Contracts   and   the   ICCs   Uniform   Custom   and   Practice   for   Documentary   Credits.[7] Reasons   of   Unharmonised There   may   be   some   obstacles   about   harmonisation   process   that   it   causes   international   commercial   law   to   remain   unharmonised.   These   obstacles   are   would   be   differences   in   political   view,   language   difficulties,   personality   clashes   and   one   sides   concern   about   another   side   that   taking   too   much   dominant   role. Harmonisation   is   lengthy,   slow   and   expensive   process.   Preparation   of   instruments   of   harmonization   requires   experience   of   the   time   and   hard   work.   This   is   also   correct   for   all   amendments   and   updates.   It   is   claimed   that   owing   to   the   trend   of   budgetary   constraints   cause   that   legal   harmonisation   may   lead   to   legal   fragmentation.   Economic   efficiency   needs   to   take   into   account. Sometimes   choosing   wrong   type   of   harmonising   instruments   is   also   another   reason   for   harmonisation   failure. Harmonising   efforts   have   limited   scope.   These   efforts   to   legislate   for   specific   topics ,   such   aspects   of   the   law   of   sale   or   unfair   contract   terms,   take   no   account   of   the   fact   that   the   treatment   of   such   topics   in   domestic   law   may   be   rooted   in   the   particular   legal   traditions   of   individual legal   systems.[8] Disparities   between   common   law   and   civil   law   traditions,   socialist   and   capitalist   systems   and   developed   and   developing   countries   creates   problem.   Differences   between   national   legal   systems   also   caused   international   commercial   law   to   remain   unharmonised.   Domestic   legal   systems   which   need   to   implement   the   harmonised   law   should   take into   account.   Although   the   approaches   to   contractual   interpretation   are   the   same,   the   exercise   in   practice   could   be   quite   contrary,   due   to   the   differences  Ã‚   between   civil   law   and   common   law   systems.   The   problem   is   distilliation   of   the   best   legal   rules   from   different   legal   systems   regardless   of   being   testedà ‚   in   the   laboratory   of   an   actual   system. International   contracts   that   considers   the   interests   of   both   parties,   needs   to   contribute   a   fair   balance   between   civil   law   and   common   law   systems   to   which   both   parties   belong   to.   Therefore,   it   is   difficult   to   provide   international   consensus. In   contract   law area   there   is   a   lack   political   support   of   harmonising   instruments   in   national   law. Some   scholars   have   argued   that   the   mere   existence   of   different   national   laws   is   a   reason   to   engage   in   harmonization   process.   Professor Stephan points out that divergences in national laws may cause legal   risk. In   his   view,   such   legal   risk   can   encourage   opportunism   by   commercial   parties   who   may,   for   instance,   race   to   litigate,   in   a   forum   that   will   suit   their   interests   in   case   something   goes   wrong   with   the   transaction.   One of the   pitfalls   of   the   existence   of  Ã‚   legal risk   is   that   at   the   dividing   line   between   risky and   non-risky   transactions   many   parties   may   desist   from   commercial.   Accordingly,   there   may   be   merit   in   reducing   legal risk   to   f oster.   commerce[9] However,   harmonisation   does   not   aim   to   bring   a   mechanical   lowering   of   risk.   It   may   optimize   the   risk,   rather   than   its   elimination. Domestic   law   is   capable   of   easy   amendment,   once   a   harmonised  Ã‚   instrument   has   been   accomplished,   signatories   are   locked   into   it   until   a   new   instrument   comes   into   force.   Unless   whole   individual   nations   adopt   the   new   instrument,   there   may   be   more   divergence   then   there   was   previously.   Harmonising   institutions   needs   to   deal   with   this   problem.   They   need   to   prevent   the   crystallization   of   harmonisation.   There   are   two   aspects   about this   problem.   First   of   all,   excessive   time   taken   to   create   international   legal   instruments.   Secondly,   it   is   excessively   takes   long   time   for   nations   to   ratify   the   harmonized   law. Many   lawyers   remain   doubtful   and   hostile   to   the   harmonisation   attempts.   Lawyers   and   legal   systems   are   unwilling   to   give   up   their   own   laws.   It   is   considered   by   them   that   their   own   laws   are   superior.   It   is   probably   they   also   scare   that   their   national   laws   would   lose   their   dominant   position. Due   to   the   differences   in national   laws   cross-border   transactions   are   limited.   Also   nations   which   have   a   strong   sense   of   superiority   of   their   own   laws   might   unwilling   to   changes   where   these   are   limited   to   transactions   between   businesses   in   different  Ã‚   states. Issues   of   sovereignty   may   arise   in   the   context   of   international   trade   regulation.   Also   some   language   difficulties   creates   obstacles   for   harmonisation   process.   Accurate   and   clear   drafting   is   very   important   to   prevent   misunderstandings.   Planning   and   management   project   of   harmonisation   process   is  Ã‚   not   easy.   Meetings   may   not   be   successful   to   make   essential   progress. Problems   with   Institutions There   are   some   arguments   about   harmonization   interests   the   very   nature   of   the   bodies   that   play   a   role   in   this   area.   These   institutions   are   bodies   of   experts   and   can   not   please   with   traditional   democratic   standards   imposed   on   national   legislatures.   They   are   not   accountable   like   national   bodies.   This   is   the   weakness   of   institutions.   Lobbies   and   interest   groups   may   influence   the   law   in   favour of   themselves.   The   less   powerful   ones   would   not   be   able   to   say   any   things   in   the   drafting   process   so,   international   conventions   and   legislatures   are   saddled   with   a   take   it   or   leave   it   options.   Duplication   of   efforts,   co-o rdination   of   work,   inconsistency   of   policy   and   waste   of   resources   are   the  Ã‚   other   problems   that   institutions   need   to   deal   with   during   the   legal   harmonisation   process. Conclusion The   harmonisation   of   international   commercial   law   does   not   completely   eliminate   conflicts   but   it   helps   to   reduce   them. A   proper   reform   of   our   commercial   law   requires   a   careful   study   of   developments   in   other   jurisdictions   in   both   civil   law   and   common   law.   It   is   assumed   that   perfect   harmonisation   is   not   an   achievable   target.   All   states   have   different   national   strategic   interests   therefore,   full   harmonisation   is   politically   impossible  Ã‚   in   certain   areas   of   law. Bibliography Books Goode, R. , Kronke, H. , McKendrick, E. , Transnational   Commercial   Law;   Text,   Cases   and   Materials,   1st   edn. , Oxford,   Oxford   University   Press,   2007 -Goode, R. , McKendrick, E. , Goode   On   Commercial   Law; Edited   And   Fully   Revised   By   Ewan   McKendrick,   4th   Edition,   Penguin   Books,   2010 -Bradgate, R. , Commercial   Law, Oxford,Oxford   University   Press,   2005 Journals -Mistelis, L. , Is Harmonisation a Necessary Evil? The Future of Harmonisation and New Sources of International Trade Law,   2001 Faria, J.A.E. ,   Future Directions of Legal Harmonisation and Law Reform : Stormy Seas or Prosperous Voyage? Unif.   Law   Rev,   2009 -Osborne, P.J. ,   Unification or Harmonisation: A Critical Analysis of the United Nations Convention on Contracts for the International Sale of Goods,  Ã‚   August 2006 Korzhevskaya, A. Do We Still Need a Convention In The Field Of Harmonisation Of The International Commercial Law ,   FESCO Transportation Group, (Moscow, Russia) 2014 Gopalan, S. , From Cape   Town   to   the   Hague: Harmonization   Has   Taken   Wing, August   2015 [1] L. Mistelis,   Is Harmonisation a Necessary Evil? The Future of Harmonisation and New Sources of International Trade Law,   2001,   p.4 [2] J.A.E Faria, Future   Directions   of   Legal   Harmonisation   and   Law   Reform : Stormy   Seas   or Prosperous   Voyage , 2009, p.8 [3] P.J. Osborne, A   Critical   Analysis   of   the   United   Nations   Convention   on   Contracts   for   the   International   Sale   of   Goods   1980,   August   2006,   p.6 [4] R.   Goode,   H. Kronke,   E. McKendrick,   Transnational   Commercial   Law; Text,   Cases   and   Materials, 1st   edn. , Oxford   University   Press,   2007,   p. 169 [5] A.Korzhevskaya, Do   We   Still   Need   a   Convention   In   The   Field   Of   Harmonisation   Of   The International   Commercial   Law,   FESCO   Transportation   Group   (Moscow, Russia) , 2014,   p.89 [6] Goode   and   E. McKendrick,   Goode   on   Commercial   Law,   Edited   and   Fully   Revised   by   Ewan   McKendrick,   4th   edn. , Penguin   Books,   p.20 [7] R. Bradgate,   Commercial   Law,   3rd   Edition,   Oxford   University   Press,   2005,   p.17 [8] R. Bradgate,   Commercial   Law,   3rd   Edition,   Oxford   University   Press,   2005,   p.17 [9] S. Gopalan,   From   Cape   Town   to   the   Hague: Harmonization   Has   Taken   Wing,   August   2015,   p.12

Response to Speech Titled An American Success Story -- Nakasian

Dear Mr. Nakasian, Your speech has been capable of showing people your thoughts and ideas on â€Å"An American Success story†. In â€Å"An American Success storyâ€Å", you tell your audience that forty years ago you entered America through a U.S. District Court in New York. I believe that the U.S. District Court is in the same area as the Statue of Liberty and Ellis Island. You spoke of applying and receiving your American Citizenship, then going through an honored ceremony. Also you spoke of the meanings and feelings that this Certificate has expressed on you, which showed your public viewers. Well as much as your viewers see this speech, personally I do not agree with you on some levels of your speech being a well rounded and believable description of â€Å"An American Success Story†. You state only your experiences not knowing what anyone else went through nor giving any examples of anyone else’s experiences. Mr. Nakasian, my opinion of you is constructed of an idealistic person who wants to believe everything that comes out of your mouth. In your speech of an â€Å"American Success Story†, you speak about cherishing your certificate for forty years. You announced your meaning of this certificate as a very special item to you because no other country offers as much as this certificate guarantees. Also you spoke of escaping discrimination by coming to America and having the guarantee of religious beliefs and personal freedom. You set down experiences about yourself, how you went through a poor life and then becoming orphaned shortly after arriving in the United States. In your speech, you discussed your dream of becoming a lawyer and making progress: educationally, professionally and economically. Also an interesting point you have made to y... ...sion as shows, movies, commercials and so on. Also it is harder for immigrants to find a job, especially if they have accents. For example, even immigrants with an education who have an accent have closed doors to job opportunities because they are not of the same kind and an accent make’s it harder to identify someone. Think about it people will not always be nice to you in this world, maybe you were just hit with a simple bit of luck. Many things in American society is not as always great as people might seem to think they are, which gives people a different vibe about America such as you Mr. Nakasian. Although people know there is no country that provides each person with better opportunities than America. I just do not completely agree with your presentation, as the United States being an ideal country because people don’t give us enough information.

truth within experience Essay -- essays research papers

Truth Within Experiments   Ã‚  Ã‚  Ã‚  Ã‚  Milgram and Asch reports about obedience are different. In Milgrim’s report he was trying to say that people will do something to the extreme even if they are hurting someone or something. The experiment he decided to construct shows just that. His experiment shows that will power can go a long way. Asch’s reported experiment showed that people can be easily influenced by a group of people. And if the one person feels alone in a group situation the majority is correct. Social pressure is the factor in this case.   Ã‚  Ã‚  Ã‚  Ã‚  The basic question in Milgram’s report comes down to who are we and should we obey when it interferes with our conscience? Based on his writing about what he learned in his experiment average people learned more about themselves and how much will power they had. On the other hand, Asch hoped to learn the extent of peer pressure. Will a group of people alter the thinking of one individual? He states that the tests also illustrate a new kind of attack on the problem and some of the more subtle questions that it raises ( 307). Each psychologist designed their own unique experiment to study and research the answers to their questions.   Ã‚  Ã‚  Ã‚  Ã‚  Migram’s first experiment consists of two people in a laboratory. The learner is sent to a room and is strapped into an electric chair. He is also told he is to listen to a list of paired words to remember and if he gets them...

Medicinal Value of Yoga Essay -- Health Medicine Exercise

Medicinal Value of Yoga What most Westerners picture when you say Yoga, is an Indian guru in cloth shorts or a long flowing robe, twisted up in a some sort of a pretzel pose. You may picture the Yoga practitioner in peak physical shape, as well as, being a very peaceful human being. It is attaining this goal that is the aim of Yoga, but what most of people don't realize, is exactly how much goes into achieving this state. Yoga time honored teaching on how to achieve physical health, psychological well being and spiritual peace. This can be achieved by concentrating for hours in a state of complete focus, know as meditation. While mediating, the practitioner assumes various body positions known as asanas, that allows for maximum circulation of the body. By quieting the mind and placing attention on the breath and on the movement (and stillness) of the body the idea is to achieve a state of mind where he experiences total health and feeling of well being. The word Yoga as a term, literally means "union", the aim of Yoga is to integrate and harmonize all the various human faculties--mind, emotions, body, and spirit. In India, where it originated, this process of harmonization takes many forms: the yoga of devotion, of meditation, or selfless service, of knowledge and study. Although are advantages and disadvantage to all types of Yoga the scientific community maintains a belief through many years of study that Yoga has definite medicinal value in the maintenance of health and treatment of disease Overall benefits of Yoga The practice of Yoga encompasses many different forms--e.g. Karma, Bhakti, Jnana, Raja, Hatha, Kundalini and Tantra). As Sri Krishna Prem so eloquently stated, Yoga is not a synthesis of a... .../item,45098.asp 7. B. K.S. lyengar, "The Tree of Yoga" 8. http://www.holistic-online.com/Yoga/hol_yoga_pos_intro.htm#Introduction 9. Sahay, Sadasivudu, Yogi, Bhaskaracharyulu, Raju, Madhavi, Reddy, Annapurna, & Murthy, 1982 10. http://www.healingyoga.com/ 11. Monroe, R., A.K. Ghosh, and D. Kalish. 1989. Scientific Studies on Yoga and Meditation, Yoga Biomedical Trust, Cambridge, England. 12. Schell, Allolio, and Schonecke (1994) Scientific Studies on Yoga and Meditation, Yoga Biomedical Trust, Cambridge, England. 13. Wood, 1993, Scientific Studies on Yoga and Meditation Biomedical Trust in Cambridge, England, Yoga Biomedical Trust, Cambridge, England. 14. http://www.chennaiwebsites.com/html/yoga/ 15. Monroe, R., A.K. Ghosh, and D. Kalish. 1989. Yoga Research Bibliography, Scientific Studies on Yoga and Meditation. Yoga Biomedical Trust, Cambridge, England.

Management Accounting Memo Essay

Mr. Blackheath had promoted Lee High to vice president of finance. Lee had practically been running the firm for several years during which time sales and profit had been declining. On November 15, 1977, Mr. Blackheath announced that his son. Trafalgar Blackheath, would take over as owner and president on January 1, 1978. Trafalgar was a graduate of an MBA program and for several years had been working for a large consulting firm as a marketing specialist. In their private discussions Mr. Blackheath told his son that the problems in the family firm were marketing rather than financial, so the situation was ready made for Trafalgar. Mr. Blackheath, it seems, had been completely taken by Lee High. When Trafalgar finally arrived on December 1, 1977, and began to read various internal reports he realised Blackheath Manufacturing Co. did not have a cash budget and there didn’t seem to be much in the way of financial planning. Trafalgar asked Lee High about this. Lee’s response was that Blackheath Manufacturing Co. ran on the basis of several well-developed decision rules and budgets weren’t necessary because if the firm ever ran out of funds, Mr. Blackheath simply deposited  £10,000 or  £20,000 in the bank. Trafalgar’s response was swift and clear: â€Å"My father is a millionaire, but I am not!† Lee indicated he didn’t know much about budgeting but he would get an assistant to work up some â€Å"stuff.† Trafalgar decided to call his old friend Crofton Brockley. Brockley was in charge of several large budgeting projects for a consulting firm and Trafalgar knew Crofton to be a recognized expert on budgeting for small companies. Fortunately for Trafalgar, Brockley wasn’t busy that week and was able to travel down the next day.