Thursday, October 31, 2019

Management Information Systems Essay Example | Topics and Well Written Essays - 500 words - 1

Management Information Systems - Essay Example utes majority of trades on stock exchange, has experienced the rapid stock executions that are performed by the computers based on external input, such as related securitys price. The excessive number of executions led the system to the crash. Because of the crash in 1987, the Dow Jones Industrial Average (DJIA) crashed by five hundred and eight (508) points (approximately 22.61%). Whereas, The May 6, 2010 Flash Crash was a United States stock market crash in which the DJIA has fallen around thousand (1,000) points (approximately 9%). The Flash Crash of May 6, 2010, was not a mere technical hitch. Whereas, the Black Monday was the failure program trading, overvaluation, market psycology and illiquidity. The similarities between the two crashed are meaningful and significant. In both crashes, comparatively, there was s same response of deteriorating prices prompting more and more intense selling. However, the the system was up within minutes in the flash crash 2010, whereas, the Black Monday too much time to restore the system. But it can be stated that in the both crashes, the computer system was the main problem, however, both the crashes have their particular reasons as well. One of the main problems discussed in the case study is the poor performance of school system in America. In order to solve the problem, the data-driven information system was developed and deployed in the schools. However, it also opposed by the parents of the students by stating that the system is an unnecessary expenditure. Moreover, the parents and tutors also complained that the students spend more time on projects and creative tasks rather on course material. The teachers are enrolled in the system for their improvement, but this makes it difficult to dismiss the less effective teachers. Therefore, the system was also opposed by the teachers as they need to work hard (four hours weekly workload increased) to improve their results in the system. In general, it can be stated that any

Tuesday, October 29, 2019

Role of the International Court and Tribunals in Relation to Armed Conflict Essay Example for Free

Role of the International Court and Tribunals in Relation to Armed Conflict Essay Introduction   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The volatility and persistence of armed conflicts around the world has caused the convention amongst states which aims to lessen the harm that it brought forth.   The research then aimed to identify the international laws and conventions that were created in order to lessen the evils of armed conflicts.   In addition, the research aimed to identify the international court and tribunals that were created in response to the said conventions and laws.   A few number of cases were also presented in order to understand more the applications of international laws and consequently the workings of the international court. The research will be identifying how these laws and courts are able to protect the rights of soldiers, prisoners of wars and civilians. Background of the Study Factors Leading to Conflict   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The historian AJP Taylor has described that wars are very much volatile as there are no standard systems in order to predict how one will occur. [1]   Corollary with this, various psychologists have significantly related human nature in terms on the frequency of armed conflict.   EFM Durban and John Bowlby have argued that man is inherently violent.   Such a claim is in accordance with Hobbe’s claim that on the state of nature man is in the state of war; hence claiming that man basically has the thirst for power and dominance, while consequently actualizing such in a violent manner. Durban and Bowlby claimed that although such a violence that man experiences is repressed in a conventional society, the creation of an outlet in order to occasionally express such a violent nature is inevitable.   This argument could be significantly related on how certain individuals such as for instance Hitler has displaced his hatred against the Jews.  Ã‚   Such is in relation to the claim why certain individuals shift their grievances to certain ethnic groups, nations or ideologies.[2] The Geneva Conventions   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The Geneva Conventions of 1949 contains four separate treatises which primarily focus on protecting soldiers from sufferings that may have been wounded, sick, shipwrecked or might be prisoners of wars (POWs).   In addition, the protection of civilians and their property are also taken into focus on the said conventions.[3]   Ã‚  The humanitarian focus of the Geneva Conventions was further expanded through the 1977 Additional Protocols.[4]   Ã‚  On the other hand, the details of the use of the weapons of war and the use of biological weapons are not included in the said convention as the use of the former were specified by the Hague Conventions of 1889 and 1907.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The First Geneva Conventions on August 12, 1949 necessitates that soldiers who are out of battle (i.e. hors de combat) should be protected.   The Article 12 claims that equal care should be given to all people regardless of sex, race, nationality, religion, political beliefs, etc.   Article 15 claims that the sick and the wounded must be protected from pillage and ill treatment.   The second Geneva Conventions on the other hand caters to those sick and wounded who are on the seas.   The 63 provisions focus on the armed forces who are â€Å"wounded, sick and shipwrecked, hospital ships and medical personnel, and civilians who accompany the armed forces.†[5]   Ã‚  The third Geneva Conventions contains 143 articles which clearly defines how prisoners of war (POWs) should be treated.   According to the American Red Cross, POWs should be â€Å"†¦treated humanely, adequately housed, and receive sufficient food, clothing, and medical care. Its provisions also establish guidelines on labor, discipline, recreation, and criminal trial†.[6]   Specific provisions of the third Geneva Conventions which tackled these provisions are   Arts. 70-72, 123, Arts. 13-14, 16, Arts. 25-27, 30, Art. 23, Art. 17, Arts. 50, 54, Arts. 82, 84, Arts. 109, 110, Art. 118,   and Art. 125.   The fourth Geneva Conventions then focuses on the protection of the civilians in times of armed conflict.   The 159 articles of the said conventions emphasizes the need to have civilian lives’ maintained in a normal disposition and protect them on every means of evil.   [7]   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   As a sum, the Geneva Conventions based its arguments on the basic rational that human dignity of all individuals must be of utmost importance regardless of any instance.   Necessary ways must be done in order to prevent any kind of suffering of both the combatants who have suffered wounds or any type of sickness.   In addition, the rights of the rights of the POWs are also taken into utmost detail, hence preventing any kind of torture and other types of human rights violations.   In addition the protection of the civilians most specially the assurance of the living a normal and quality life that is free from danger and any type of evils are also emphasized.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The 1949 Geneva Conventions paved the way for the creation of a more detailed law that focuses more on the workings of armed conflict.   The Law of Armed Conflict (LOAC) is a response to the demand of a more thorough legal perspective in terms of conducting armed conflicts. Law of Armed Conflict (LOAC)   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The Law of Armed Conflict (LOAC) stemmed out from customary practices of international law which required nations to comply with the set of laws that preside over the exercise of military operations in armed conflict.   The acceptance of the international jurisdiction of the LOAC could be seen in the US Constitution which dubbed treaty obligations as the â€Å"supreme law of the land†, hence a part of the US law.   Hence it could be implied that all individuals that are under the US law most particularly those militants who are engaged in armed conflicts are bounded by LOAC.[8] The DoDD 5100.77, DoD Law of War Program emphasizes the necessity amongst all military departments to create a program that ensures that LOAC will be observed.   In addition with this, part of the treaty obligation of the US under the 1949 Geneva Conventions is the training of all military forces under LOAC and ensure that all weapons that will be used in armed conflict will be reviewed.[9] The nature of combatants are clearly defined in the LOAC.   Lawful combatants are those individuals who are certified by any government authority to participate in armed conflict.   In addition, a lawful combatant must be under the jurisdiction by an individual whose duty is to be responsible to his subordinates.   Corollary with this, a permanent and unique emblem should be identified even in a distant such as uniforms.   More importantly, a lawful combatant should be able to carry his arms obviously[10].   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   On the other hand, noncombatants are those people who are not certified by any government authority to engage in armed conflict.   These individuals are clearly defined as civilians who are with the Armed Forces, soldiers who are out of combat i.e. POWs, wounded, medical personnel and chaplains.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In relation with this, unlawful combatants are those people who participate in armed conflict whom however are not authorized by any government authority to be such.   For instance, bandits who steal from civilians are seen as unlawful combatants and may be viewed as targets that could be captured or killed. Also, unlawful combatants could also be put into trial because of violating international laws.[11]   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Individuals who have undetermined status are those people which could not be categorized as a lawful combatant, noncombatant or an unlawful combatant. Undetermined individuals however are still viewed as under the protections of the Geneva Prisoner of War conventions until their status will be identified[12].   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Military targets are also clearly defined in the LOAC.   Such is relevant in order to limit the attacks to appropriate individuals.   Military targets are defined are those individuals whose virtue of their own nature, location, purpose adds to an enemy’s capacity to engage in war.   More importantly, the arrest and/or annihilation of these military targets are perceived to actualize the military objectives of the government.[13]   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Regardless of the perceived goal of annihilation or capture of military targets, LOAC still takes into utmost focus the disposition of the civilian population.   Attacks on places which are not justified by military necessity are against the LOAC.   In addition, the attack on civilians in order to terrorize them is also against the international laws.   However, LOAC considers that the civilian deaths or other related casualties could not be totally prevented in armed conflicts. Hence, the LOAC emphasizes that as much as possible, military objectives would seek to minimize such harms.   LOAC emphasizes that losses on the part of the civilians must be in equal measure to the goals of the military.   In relation with this, LOAC also has a provision against attacking objects that are dedicated to peaceful purposes.   Medical units, vehicles for the wounded and the sick, hospital ships both for the civilian and the soldiers, safety zones as established by the Geneva Conventions, religious, cultural and charitable infrastructures, monuments and POW camps.   Albeit, LOAC also made clear that if by any chance that these objects will be used for war purposes, such will not be subject to any immunity[14]. Problem Statement   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Based on the laws set forth by the Geneva Conventions and the Laws of Armed Conflict (LOAC), the research seeks to identify what are the international tribunals and courts that are created in order to resolve the conflicts which stemmed during and/or after a particular war.   In addition, the research seeks to know what are the roles that these tribunals and courts played in relation to resolving conflicts and various types of injustices.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   International Court and Tribunals are created either to solve general conflicts and criminal cases or specific criminal cases of a particular country. These courts and tribunals are operational based on the laws, conventions and scope agreed upon and must be able to dispense justice in all possible cases.   However, issues emerge as how international courts and tribunals handle, resolve conflicts and spend their budget. Objectives of the Study   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The research aimed to: Identify the laws that were created that led to the proper and just exercise of international armed conflict. Identify various international court and tribunals that resulted due to the enactment of these laws. Identify the roles of the said tribunals and court in the exercise of justice. Identify the issues that these tribunals and court currently face. Significance of the Study   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The research is relevant in order to increase the awareness of the researcher and his colleagues on the workings of international laws in terms of resolving armed conflicts.   In addition, the identification of the international court and tribunals which stemmed out from these laws are also relevant not only for academic awareness and knowledge but also for a wider perspective of how armed conflict has affected various countries all over the world.   Such will enable the researcher to know the quality of life of these people that could further aid him in participating in his own small way of minimizing the advent of various political leaders for war. Review of Related Literature   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The research will be identifying the courts and tribunals which were created in order to resolve various conflicts and injustices that resulted because of armed conflicts.   For the purpose of this paper, the research will be discussing the First Generation Tribunals i.e. Nuremberg Tribunal and the Tokyo Tribunal; the Second Generation Tribunals i.e. International Criminal Tribunal for the former Yugoslavia (ICTY) and International Criminal Tribunal for Rwanda (ICTR), and the International Criminal Court (ICC).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  The role of these courts in relation to armed conflict will be identified, discussed through its principles and cases being resolved.   In addition, the issues that envelope these international courts and tribunals will also be identified. First Generation Tribunals International Military Tribunal in Nuremberg (Nuremberg Tribunal)   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The Nuremberg Tribunal was responsible for the trial and prosecution of the political, military and economic leaders of Nazi Germany.   The said trial was made at the Nuremberg Palace of Justice on the city of Nuremberg Germany from 1945 to 1949.   Two sets of trials were made.   The first was the â€Å"Trial of the Major War Criminals Before the International Military Tribunal (IMT) which was held from November 20, 1945 to October 1, 1946 which comprises of the 24 most relevant leaders of the Nazis.   On the other hand, the Control Council Law No. 10 at the US Military Tribunals (NMT) on the other hand was for the lesser war criminals which included doctors and judges[15].   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The first principle of the Nuremberg Tribunal claims that an individual who commits a crime that is punishable under international laws should be apprehended and punished[16].   Consequently, the second principle states that if by any chance that the law does not provide a specific type of penalty for a particular crime, does not automatically relieve the accused of the said crime that he committed[17].   The third principle on the other hand, emphasizes that being a government leader such as a head of state etc does not automatically relieve an accused of his accountability to the alleged crime[18].   In relation with this, the notion of the existence of a moral choice was cited on Principle four and as per the Tribunal should be the guiding virtue to acts that were claimed to be done due to duress from a superior[19]. More importantly, the fifth principle made it clear that the accused must be subjected to a fair trial based on the laws and evidences that will be gathered[20].   The sixth principle then defines the set of crimes that are punishable under international law, these are:   crimes against peace, war crimes and crimes against humanity.   Crimes against peace were defined as the â€Å"planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances† and the â€Å"participation in a common plan or conspiracy for the accomplishment of any of the acts mentioned under†. [21] On the other hand, war crimes are seen as the â€Å"murder, ill-treatment or deportation to slave-labor or for any other purpose of civilian population of or in occupied territory, murder or ill treatment of prisoners of war, of persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns, or villages, or devastation not justified by military necessity†[22].   Finally, crimes against humanity are characterized as â€Å"Murder, extermination, enslavement, deportation and other inhuman acts done against any civilian population, or persecutions on political, racial or religious grounds, when such acts are done or such persecutions are carried on in execution of or in connection with any crime against peace or any war crime†[23].   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The principles of the Nuremberg Tribunal which are affirmed by the General Assembly are the first set of principles that were formulated in order to lessen the evils brought forth by armed conflict.   The tribunal recognizes that equality of all men on the eyes of the law, as evident on the first and the third principles.   In addition, the notion of impartiality and fairness are also made clear as one of the guiding principles of the tribunal in order to trial those who were accused. However, one of the criticisms against the Nuremberg Tribunal is with regard to the notion that its principles are made ex post facto or â€Å"after the fact†.   Such means that the principles are made just after the Axis powers surrendered and the principles are not really adapted to any existing custom law.[24]  Ã‚   Critics of the Nuremberg Tribunal argue that what happens is more of a â€Å"Victor’s Justice† rather than a more impartial, neutral and just trial[25].  Ã‚   In relation with this, other criticism such as the accused were not allowed to appeal against the court or may also influence the selection of the judges[26].   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Below is a table summarizing the decision of the tribunal on the major personalities of the Nazi Regime.[27] International Military Tribunal for the Far East   (IMTFE) (Tokyo Tribunal)   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The International Military Tribunal for the Far East, also dubbed as the Tokyo Tribunal was created in response to the crimes committed by the leaders of the Japan Empire during the Second World War.   The jurisdiction among people[28] is limited to the criminals of the Far Eastern who as members of an organization or as an individual have committed a crime that is against peace. The tribunal trialed the three types of crimes committed by Japanese leaders which are â€Å"Class A or crimes against peace, Class B or war crimes and Class C or crimes against humanity[29].  Ã‚   The first class of criminals is those Japanese who have waged a conspiracy in order to start the war and the other two types of criminals refer to those of the Nanking Massacre.   The trials started on May 3, 1946 and were finished on November 12, 1948. The Nanking Massacre involves the thousand of deaths that resulted from the abuse of the Japanese forces.   Civilians were buried alive while some become the targets of bayonet practice.   In addition, some were shot in huge groups and were thrown into the Yangtze River.   In addition with this, numerous women were raped, murdered and mutilated[30]. Japan has also conducted opium trafficking in China in order to weaken the latter from resisting[31]. The tribunal on Article 6 have made clear the responsibility of the accused, wherein it emphasizes that the accused official position or   responsibility towards the government are not sufficient reasons in order to acquit him, unless proven so[32].   The Article 9 which states how the trial of the accused is to be conducted is somewhat similar to that of the Nuremberg Tribunal.   Although Article 9 is leaning towards a fair trial for the accused, the provisions are only focusing on Indictment, Language, Counsel for Accused, Evidence for Defense, and Production of Evidence for the Defense.   One could see that there are no such provisions saying that the accused is capable for an appeal or could have an influence for the selection of the judges[33].   Similarly, Article 16 describes the mode of penalty and punishment includes death or other penalties that are perceived by the tribunal to be just[34]. Second Generation Tribunals The International Criminal Tribunal for the former Yugoslavia (ICTY)   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The International Criminal Tribunal for the former Yugoslavia or the ICTY was made on May 25 1993 by the Security Council Resolution 827 in order to trial the crimes that were made on the former Yugoslavia, more particularly on the Republic of Bosnia and Herzegovina in order to protect international peace and security.   ICTY is located at Hague Netherlands. [35]    The ICTY has already indicted 161 individuals who are responsible for the crimes against international and humanitarian law.[36]   The conflicts that emerge on the former Yugoslavia shifted from Slovenia to Croatia and then to Bosnia which the later showed signs of genocide such as deportation and mass executions and concentration camps.   In addition with this, sexual assaults and rape were also documented.   In effect of this, on October 1992, the Security Council asked UN Secretary, Butros Butros Ghali to furnish an account of the violation of international humanitarian law in the former Yugoslavia[37]. The ICTY has four major objectives: first is to bring to justice the individuals who are accountable on the grave violations of international and humanitarian law, to dispense justice to those who are afflicted, to prevent such crimes to occur again, to do its part to restore peace and held responsible those individuals who committed such crimes of international law and humanitarian law[38]. The jurisdiction of the ICTY is limited only to individuals and not organizations and or groups, who were alleged to commit such crimes after the first of January, 1991.[39]   The violations that are subject to ICTY’s jurisdiction are those violations coming from the Geneva conventions such as: â€Å"a) wilful killing; b) torture or inhuman treatment, including biological experiments; c) wilfully causing great suffering or serious injury to body or health; d) extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly; e) compelling a prisoner of war or a civilian to serve in the forces of a hostile power; f) wilfully depriving a prisoner of war or a civilian of the rights of fair and regular trial; g) unlawful deportation or transfer or unlawful confinement of a civilian; h) taking civilians as hostages† [40] Also, Violations on the Laws or Customs of War are also included such as:   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   â€Å"a) use of poisonous weapons or other weapons calculated to cause unnecessary suffering; b) wanton destruction of cities, towns or villages, or devastation not justified by military necessity; c) attack, or bombardment, by whatever means, of undefended towns, villages, dwellings, or buildings; d) seizure of, destruction or wilful damage done to institutions dedicated to religion, charity and education, the arts and sciences, historic monuments and works of art and science; e) plunder of public or private property.† [41]   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Crimes against humanity which are normally done to the civilians of former Yugoslavia are also trialed. In addition with this, Genocide was also another crime that ICTY looked into.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚      The ICTY has also categorized into two types the criminal responsibilities of that were allegedly committed by every accused.   The first type are those individuals who have a well structured plan and authority to exercise such crimes, while on the other hand, the second type of accused are those superiors who have their subordinates commit crimes which the former has no knowledge of; and / or the superiors who did not made any steps in order to punish the said subordinate who made such a crime.[42]   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The ICTY also has Rules of Procedure and Evidence that were drafted and amended by its judges and provides the parameters of how proceedings in trials should undergo.   The basic premise of these standards resides on the notion of fairness which establishes the innocence of the accused and the burden of proof should rest on the prosecution.   More importantly, ICTY has made sure that all of the parties involved must have the capacity to present their cases and in such instances, the tribunal requires that the language of the accused will be used.   The tribunal has also made clear that death penalty can not be imposed and that the parties both have the right to appeal.[43]   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Corollary with this, the rules of the tribunal also provides the right for a public hearing.   In addition, the right of the accused to analyze the evidences of the prosecution, present his own evidences and the right against self-incrimination is also an evidence of a fair treatment to the accused.   Unlike the Nuremberg and the Tokyo tribunal, the ICTY provides a more balanced perspective in terms of dealing with armed conflict accused and criminals.   In addition, the utmost relevance that is centered on the importance of the human life is also evident as death penalty is not an accepted form of punishment to those trialed as guilty of the said allegations[44]. International Criminal Court for Rwanda (ICTR)   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The International Criminal Court for Rwanda (ICTR) was made on November 8, 1994 which is roughly 18 months after the ICTY was made.   The Security Council adopted the resolution 955[45] in order to trial the human rights abuses that resulted the conflict of two major tribes in Rwanda that resulted to genocide[46] between January 1, 1994 and December 31, 1994.   In addition with this, the neighboring states of Rwanda who have participated as well for the said genocide and other human rights violation were also subjected to the trials of the tribunal[47].   Ã‚  ICTR is located in Arusha, United Republic of Tanzania[48].   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The domestic conflict that emerge between the Hutu tribe which is the dominating tribe in Rwanda and the Tutsi Tribe which was the minority after the country’s decolonization   in 1962.  Ã‚   The Hutus and the Tutsi’s conflict emerge primarily out of political reasons and not really of ethnic differences.   Both of the tribes shared the same Roman Catholic faith and in times intermarried.[49]   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In 1960, the Belgian government organized an election in response to the Tutsi’s demand for independence.   However, a huge amount of the mayoral posts were given to the Hutus and in two years span, the Hutus have supplanted the Tutsis as the local elites.   At such a span of time, there has been a wide documentation of reports claiming massacres of Tutsis which further led the latter to move to near by countries.   After 15 years, the killings have abated and the Tutsi refugees who have returned organized a parliamentary forced known as Rwandan Patriotic Font (RPF) which later on signed peace conventions to Arusha Peace Accords which mandated the share of powers between the Hutus and the Tutsis[50].   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The rare of how the Rwandan genocide have occurred was perceived to be so fast as around 1994 around 500,000 – 1,000,000 Tutsis has been killed while 10,000 to 100,000 Hutus were killed[51]. The laws adopted by the ICTR are governed by its statute which was based from the Security Council Resolution 955, wherein the Article 14 of the Statute serves as the foundation of the judicial framework of the tribunal.  Ã‚   The ICTR is primarily made of three organs which are the Chambers and the Appeals Chamber, the Office of the Prosecutor and the Registry[52].   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The jurisdiction of the ICTR is under the parameters of â€Å"genocide, crimes against humanity† and â€Å"violations of Article 3 of the Geneva Conventions and of Additional Protocol II†.   In relation with this, the crimes which are to be trialed are those executed between 1 January and 31 December 1994.   Those crimes to be included are those within Rwanda and in the territory of neighboring states which are significantly related to the alleged crimes[53].   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   However certain objections were made with regards to the laws set forth by the ICTR[54].   The first objection was against the decision regarding the jurisdiction on crimes limited to July 1994 rather than December 1994.   Critics claimed that such is because of the tribunal’s preference to cover earlier crimes and suspend temporal jurisdiction to retribution crimes against Hutus that were made on December.   The second objection was about the penalty that was accepted in Resolution 955 which was the highest form appears to be life imprisonment.   Such a statute was objected due to the argument that the Rwandan Penal Code allows the execution of death penalty.   The stand on the preference of the possibility of death penalty to be given against the leaders of the mass killings is so much important to the victims.   The third objection was with regard to the limitation of the crimes to be trialed as those of concerning genocide alone.   In effect of this, the killings that the Tutsi’s made after July would not be categorized as under the ICTR jurisdiction.   The fourth problem is with regard to the objection of the location of ICTR in Arusha stating that the â€Å"deterrent effect of the trial and the punishment will be lost if the trial and punishment will be lost if the trials were to be held hundreds of miles away from the scene of the crime†. [55] International Criminal Court (ICC)   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The International Criminal Court was created on 2002 and is a permanent tribunal to trial cases and â€Å"crimes of genocide, crimes against humanity, war crimes and crimes of aggression† as per Article 5 of its Statue.[56]   Ã‚  There have been a couple of appeals stating that crimes such as terrorism and drug trafficking must be included on the list of crimes that the court deals into. India has made a proposal to include the creation of the weapons of mass destruction, and nuclear weapons but such appeals to the court are defeated[57].   According to Article 11, the court only has jurisdiction after July 1, 2002 which was when the Rome Statute of the International Criminal Court took effect.   The ICC is the â€Å"court of last resort† and will only trial cases of national origin when proved to be based on a faulty reasoning.   ICC has jurisdiction over matters wherein the accused belongs to a territory or state party that is under the national or territory of a state party.   After which Article 14 states that such a case will be referred by the United Nations to the ICC.   Since the court is made to function in juxtaposition of various national courts, ICC can only make take over the on the trial of certain crimes that national courts are unwilling to look into     The Article 17 of the Statute claims that â€Å"(a) The case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution;   Ã‚  Ã‚   (b) The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute; (c) The person concerned has already been tried for conduct which is the subject of the complaint (d)  Ã‚  Ã‚  Ã‚   The case is not of sufficient gravity to justify further action by the Court†[58]. Similar to the tribunals presented above, the ICC also does not excuse criminals who hold certain positions on the government office. As defined in Article 27 these individuals include â€Å"Head of State or Government, a member of a Government or parliament, an elected representative or a government†[59]   In relation with this, Article 28 of the Statute claims that the superiors of those criminals are held responsible for the crimes committed by the latter.    The military commander are held liable in grounds of having or not having the foreknowledge of the criminal acts to be conducted and the failure of the commander to prevent or to report to other individuals of high position the perceived criminal acts to be executed.   In relation with this, the military commander will be held responsible for the criminal acts of his subordinates, given the notion that the former did not properly exercise his control by disregarding the foreknowledge that he got, and also failure to exercise his power and control in order to prevent such acts.[60] The ICC as of April 2007 have a total of 41 countries signed the Roman Statute but a number of countries are still opposing on it.   According to the Article 3 of the Statute, the official seat of the court is in Hague Netherlands; however, it may hold proceedings at almost any place[61]. The Effectiveness of International Courts and Tribunals   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Barria and Roper provided an analysis on the effectiveness of the second generation international tribunals and also touching certain aspects of the effectiveness of international courts such as the ICC[62].   According to them, the assessment of the effectiveness of the ICTY and the ICTR are difficult to assess because they were established based on various rationales due to the argument that the Security Council perceived the said tribunals with a â€Å"multi-faceted mandate†[63]. Although it could be asserted that the basis for the creation of the ICTY and the ICTR are based on a specific statute such as the Resolution 955, it could be perceived that they have the two tribunals serve two different ends.   The ICTR is perceived to maintain peace and order, make sure that violations against human rights and various killings will be stopped, and eventually leading on the process of national reconciliation[64].   As such, Barria and Roper argued that ICTR’s two main goals are closely similar to the ICTY, other than that the ICTR included on its mandate the task of reconciliation among the two opposing national forces.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   On a closer analysis, the establishment of the ICTY and the ICTR does not necessarily provided an immediate deterrent effect on the nations and parties that are involved, however, such hopes on the deterrent nature of the court are still expected on the far future.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In addition, Barria and Roper criticized that international tribunals are not generally perceived as an avenue to maintain peace and order, however, newly established courts such as the ICC are perceived to have the capability of securing peace in the international community. Roberts, as cited in Barria and Roper have maintained that the ICTY and the ICTR are not really that successful in terms of maintaining peace and security[65].   More importantly, Shinoda as cited in Barria and Roper criticized the relationship of imposing justice on the notion of national peace and order.   As such, Shinoda argued: â€Å"Does justice really contribute to peace? Should we reject unjust peace even in post-conflict regions?†[66]   As such, Barria and Roper argued that ICTY was not able to establish peace and order on the former Yugoslavia as hostilities between Bosnian Serbs, Croats and Muslims still exist[67].   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   On the case of the ICTR, revenge killings on the part of the Tutsi tribes are still in effect, as there is no cooperation on the part of national forces within the state of Rwanda.   As such, Barria and Roper argued that the success of the imposing of peace and order through the second generation tribunals will be only fully actualized if it gained support from the nations involved and the international society[68].   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Another significant criticism that was raised regarding the role of international tribunals was that of Cobban wherein she asserts that international tribunals besides the argument that they failed to dispense justice have due process that are long and expensive.   On the 25 indictments that the ICTR have done, more than $1 billion was the documented cost which makes every case cost around $40 million[69].    Conclusion International Court and Tribunals are created either to solve general conflicts and criminal cases or specific criminal cases of a particular country. These courts and tribunals are operational based on the laws, conventions and scope agreed upon and must be able to dispense justice in all possible cases.   However, issues emerge as how international courts and tribunals handle, resolve conflicts and spend their budget. The research has identifying the courts and tribunals which were created in order to resolve various conflicts and injustices that resulted because of armed conflicts.   The research has discussed the First Generation Tribunals i.e. Nuremberg Tribunal and the Tokyo Tribunal; the Second Generation Tribunals i.e. International Criminal Tribunal for the former Yugoslavia (ICTY) and International Criminal Tribunal for Rwanda (ICTR), and the International Criminal Court (ICC). The Nuremberg Tribunal was responsible for the trial and prosecution of the political, military and economic leaders of Nazi Germany.   The said trial was made at the Nuremberg Palace of Justice on the city of Nuremberg Germany from 1945 to 1949.   Two sets of trials were made.   The first was the â€Å"Trial of the Major War Criminals Before the International Military Tribunal (IMT) which was held from November 20, 1945 to October 1, 1946 which comprises of the 24 most relevant leaders of the Nazis.   On the other hand, the Control Council Law No. 10 at the US Military Tribunals (NMT) on the other hand was for the lesser war criminals which included doctors and judges The International Military Tribunal for the Far East, also dubbed as the Tokyo Tribunal was created in response to the crimes committed by the leaders of the Japan Empire during the Second World War.   The jurisdiction among people   is limited to the criminals of the Far Eastern who as members of an organization or as an individual have committed a crime that is against peace. The International Criminal Tribunal for the former Yugoslavia or the ICTY was made on May 25 1993 by the Security Council Resolution 827 in order to trial the crimes that were made on the former Yugoslavia, more particularly on the Republic of Bosnia and Herzegovina in order to protect international peace and security.   ICTY is located at Hague Netherlands.  Ã‚  Ã‚   The ICTY has already indicted 161 individuals who are responsible for the crimes against international and humanitarian law The International Criminal Court for Rwanda (ICTR) was made on November 8, 1994 which is roughly 18 months after the ICTY was made.   The Security Council adopted the resolution 955   in order to trial the human rights abuses that resulted the conflict of two major tribes in Rwanda that resulted to genocide   between January 1, 1994 and December 31, 1994.   In addition with this, the neighboring states of Rwanda who have participated as well for the said genocide and other human rights violation were also subjected to the trials of the tribunal .  Ã‚   ICTR is located in Arusha, United Republic of Tanzania . The International Criminal Court was created on 2002 and is a permanent tribunal to trial cases and â€Å"crimes of genocide, crimes against humanity, war crimes and crimes of aggression† Barria and Roper provided an analysis on the effectiveness of the second generation international tribunals and also touching certain aspects of the effectiveness of international courts such as the ICC.   According to them, the assessment of the effectiveness of the ICTY and the ICTR are difficult to assess because they were established based on various rationales due to the argument that the Security Council perceived the said tribunals with a â€Å"multi-faceted mandate. Another significant criticism that was raised regarding the role of international tribunals was that of Cobban wherein she asserts that international tribunals besides the argument that they failed to dispense justice have due process that are long and expensive. References American Red Cross â€Å"FACING FEAR/6-8/Lesson Plan 8/Facts About Terrorism and War† (2001). American Red Cross, â€Å"1949 Geneva Conventions† http://www.icrc.org/ihl.nsf/7c4d08d9b287a4214125673 9003e636b/fe20 c3d903ce27e3c125641e004a9 2f3 accessed 19 April 2007.   Avalon Project at Yale School, â€Å"International Military Tribunal for the Far East, (Article 5)† http://www.yale.edu/lawweb/avalon/imtfem.htm accessed 20 April 2007. Barria L and Ropper S, â€Å"How Effective are International Criminal Tribunals? An Assessment of the ICTY and the ICTR, The International Journal of Human Rights September 2005, Vol. 9, No. 3, 349–368. Biddis M, â€Å"Victor’s Justice? The Nuremberg Tribunal†, History Today (1995). â€Å"Causes of War†, http://www.spiritus-temporis.com/war/causes-of-war.html accessed on 18 April 2007. Cobban H , â€Å"International Courts†, Foreign Policy (2006) 22-28. Dilip Lahiri, 17 July 1998. Explanation of vote on the adoption of the Statute of the International Criminal Court. Embassy of India, Washington, D.C. Global Policy, â€Å"Tribunal Laws Made Simple†, http://www.globalpolicy.org/intljustice/tribunals/yugo/2004/ictyintro.htm accessed 20 April 2007. International Criminal Court. â€Å"About the Court†, http://www.icc-cpi.int/about.html, accessed on 20 April 2007 Microsoft Encarta, â€Å"War Crimes Trial†, Microsoft Encarta Encyclopedia 2005 PICT-PCTI, â€Å"International Military Tribunal for the Former Yugoslvaia†, http://www.pict-pcti.org/courts/ICTY.html accessed 20 April 2007. Powers Rod, â€Å"Law of Armed Conflict (LOAC)† (Guide to US Military) http://usmilitary.about.com/cs/wars/a/loac.htm accessed 19 April 2007. Puja K, â€Å"Global Civil Society Remakes History:â€Å"The Women’s International War Crimes Tribunal 2000†, Duke University, positions 9:3 Winter 2001, 611-618. â€Å"The Tokyo War Crimes Trial†, http://www.cnd.org/mirror/nanjing/NMTT.htmlaccessed 20 April 2007. United Nations, â€Å"General Information†, http://www.un.org/icty/glance-e/index.htm accessed 20 April 2007. United Nations. â€Å"Key Figures of ICTY Cases†, http://www.un.org/icty/glance- e/index.htm accessed 20 April 2007. United Nations, â€Å"General Information†, http://www.un.org/icty/glance-e/index.htm accessed 20 April 2007. United Nations, â€Å"International Criminal Tribunal for Rwanda†, ictyhttp://www.unhchr.ch/html/menu2/2/rwatrib.htm accessed 20 April 2007. United Nations, â€Å"PART 2. JURISDICTION, ADMISSIBILITY AND APPLICABLE LAW† http://www.un.org/law/icc/statute/99_corr/2.htm accessed 20 April 2007. United Nations, PART 3. GENERAL PRINCIPLES OF CRIMINAL LAW, Article 27†, http://www.un.org/law/icc/statute/99_corr/2.htm accessed 20 April 2007. United Nations, â€Å"Part 1 ESTABLISHMENT OF THE COURT, Article 3†, http://www.un.org/law/icc/statute/99_corr/4.htm accessed 20 April 2007. [1] â€Å"Causes of War†, http://www.spiritus-temporis.com/war/causes-of-war.html accessed on 18 April 2007. [2] Ibid. [3] American Red Cross, â€Å"1949 Geneva Conventions† http://www.icrc.org/ihl.nsf/7c4d08d9b287a4214125673 9003e636b/fe20 c3d903ce27e3c125641e004a9 2f3 accessed 19 April 2007. [4] American Red Cross â€Å"FACING FEAR/6-8/Lesson Plan 8/Facts About Terrorism and War† (2001). [5] Ibid. [6] Ibid on page 3. [7] Ibid. [8] Powers Rod, â€Å"Law of Armed Conflict (LOAC)† (Guide to US Military) http://usmilitary.about.com/cs/wars/a/loac.htm accessed 19 April 2007. [9] Ibid. [10] Ibid. [11] Ibid. [12] Ibid. [13] Ibid. [14] Ibid. [15] Microsoft Encarta, â€Å"War Crimes Trial†, Microsoft Encarta Encyclopedia 2005. [16] Ibid. [17] Ibid. [18] Ibid. [19] Ibid. [20] Ibid. [21] Ibid. [22] Ibid. [23] Ibid. [24] Biddis M, â€Å"Victor’s Justice? The Nuremberg Tribunal†, History Today (1995). [25] Ibid. [26] Ibid. [27] Table taken from: Biddis M, â€Å"Victor’s Justice? The Nuremberg Tribunal†, History Today (1995). [28] Avalon Project at Yale School, â€Å"International Military Tribunal for the Far East, (Article 5)† http://www.yale.edu/lawweb/avalon/imtfem.htm accessed 20 April 2007. [29] Puja K, â€Å"Global Civil Society Remakes History:â€Å"The Women’s International War Crimes Tribunal 2000†, Duke University, positions 9:3 Winter 2001, 611-618. [30] â€Å"The Tokyo War Crimes Trial†, http://www.cnd.org/mirror/nanjing/NMTT.htmlaccessed 20 April 2007. [31] Ibid. [32] Avalon Project at Yale School, â€Å"International Military Tribunal for the Far East, (Article 6)† http://www.yale.edu/lawweb/avalon/imtfem.htm accessed 20 April 2007 [33] Ibid on Article 9. [34] Ibid on Article 16. [35] United Nations, â€Å"General Information†, http://www.un.org/icty/glance-e/index.htm accessed 20 April 2007. [36] United Nations. â€Å"Key Figures of ICTY Cases†, http://www.un.org/icty/glance-e/index.htm accessed 20 April 2007. [37] PICT-PCTI, â€Å"International Military Tribunal for the Former Yugoslvaia†, http://www.pict-pcti.org/courts/ICTY.html accessed 20 April 2007. [38] [38] United Nations, â€Å"General Information†, http://www.un.org/icty/glance-e/index.htm accessed 20 April 2007. [39] Global Policy, â€Å"Tribunal Laws Made Simple†, http://www.globalpolicy.org/intljustice/tribunals/yugo/2004/ictyintro.htm    accessed 20 April 2007. [40] Ibid. [41] Ibid. [42] Ibid. [43] Ibid [44] Ibid. [45] United Nations, â€Å"International Criminal Tribunal for Rwanda†, ictyhttp://www.unhchr.ch/html/menu2/2/rwatrib.htm accessed 20 April 2007. [46] Barria L and Ropper S, â€Å"How Effective are International Criminal Tribunals? An Assessment of the ICTY and the ICTR, The International Journal of Human Rights September 2005, Vol. 9, No. 3, 349–368. [47] United Nations, â€Å"General Information†, http://69.94.11.53/default.htm accessed 20 April 2007. [48] Ibid. [49] Barria L and Ropper S, â€Å"How Effective are International Criminal Tribunals? An Assessment of the ICTY and the ICTR, The International Journal of Human Rights September 2005, Vol. 9, No. 3, 349–368 [50] Ibid. [51] Ibid.

Saturday, October 26, 2019

The Possible Causes Of Sick Building Syndrome Environmental Sciences Essay

The Possible Causes Of Sick Building Syndrome Environmental Sciences Essay The World Health Organization defines Sick Building Syndrome as a complex of sub-chronic symptoms that occur while occupants are in a building and generally decrease when they leave. The EPA defines it as phenomena used to describe situations in which building occupants experience acute health and comfort effects that appear to be linked to time spent in a building, but no specific illness or cause can be identified. The discomforts faced by the occupants are usually of the dermis, the nervous system and the mucous membranes (Brinke et al., 1998). Typical symptoms may include itchy eyes, itchy and/or dry skin, irritation of the nose, throat, difficulty in breathing, headache, nausea, fatigue, chest tightening etc. (Apter et al, 1994). The problem may not necessarily be one related to the place of occupation, but studies that describe it refer almost specifically to occupation related disorders. Sick building syndrome is a by-product of building related illness which itself is an extension of indoor air quality. SBS is hard to diagnose as the symptoms that accompany it are not mutually exclusive to it, and may also be the manifestations of other illnesses. Previous studies and surveys conducted on office buildings in the U.S and Europe indicate that at least a 5th of the healthy individuals in the building experience symptoms related to SBS (Pickering et al.,1992) . Usually however, the symptoms disappear if the person leaves the building. 2. CAUSES OF SBS The following are the possible causes of sick building syndrome: 2.1. Ventilation (or lack thereof) In the mid 1900s the building ventilation standards were set at approximately 15 cubic feet per minute (cfm) of outside air for each building occupant, primarily to dilute and remove body odors (US EPA). As a result of the 1973 oil embargo, however, national energy conservation measures called for a reduction of the amount of outdoor air provided for ventilation to 5 cfm per occupant, which in most cases were found to be inadequate. Inadequate ventilation may also occur if heating, ventilating, and air conditioning (HVAC) systems do not effectively distribute air to people in the building(US EPA). To maintain adequate indoor air quality, the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) recently revised its ventilation standard to provide a minimum of 15 cfm of outdoor air per person (20 cfm/person in office spaces). ( ASHRAE Standard 62-1989). 2.2. Contaminants Contaminants are of a varied nature and varied origin. They can be broadly categorized into two categories on the basis of their composition i.e. chemical and biological; and their origin i.e. indoor and outdoor. 2.2.1 Indoor chemical contaminants These originate inside the building. Examples could be chemicals/fumes from the paint, carpeting, wood products, upholstery, copying machines, computers, cleaning agents. Such chemicals are usually classified as Volatile Organic Carbons. Other chemical contaminants can be the CO2 exhaled in totality, the fumes/chemicals in cigarette smoke. Heating systems especially the old ones can give rise to combustion byproducts such as carbon monoxide, nitrogen dioxides, aerosol particles, ozone etc. Various studies have been conducted on almost all of the above mentioned chemicals contaminants and their ill effects have been well documented. 2.2.2. Outdoor chemical contaminants As the name suggest, these originate outside the building. These also include VOCs, gases like carbon monoxide, nitrogen dioxide, oxides of sulfur, ozone, etc. However, the basic difference between this and indoor chemical contaminants is that outdoor contaminants arise due to vehicular use outside the building, which gradually pervades inside the building. 2.2.3. Biological contaminants Bacteria, molds, pollen, and viruses are types of biological contaminants. These contaminants may breed in stagnant water that has accumulated in ducts, humidifiers and drain pans, or where water has collected on ceiling tiles, carpeting, or insulation. Sometimes insects or bird droppings can be a source of biological contaminants. Physical symptoms related to biological contamination include cough, chest tightness, fever, chills, muscle aches, and allergic responses such as mucous membrane irritation and upper respiratory congestion. One indoor bacterium, Legionella, has caused both Legionnaires Disease and Pontiac Fever (Apter et al, 1994). 3. EPIDEMIOLOGY OF SICK BUILDING SYNDROME Several studies have been conducted on the Sick Building Syndrome, and the effects related to it. These studies had employed questionnaires which depended on self-reporting by the subjects, and indoor quality measurements. The first of such surveys/studies which focused primarily on building related sickness or complaints was done in the United Kingdom for humidifier fever by Anthony Pickering (Pickering et al, 1992). The same method was utilized by the subsequent researchers, with some modifications in the study design or questions. The studies were usually comparative, i.e. there was a test group in which the subjects worked/resided in not so well ventilated buildings, and the control group in which the subjects were in well ventilated buildings. Self reporting was usually a component of the study design (Redlich et at, 1997), and by its very nature the most likely to introduce bias in the study. Subjects usually reported nasal symptoms such as congestion, pruritis, rhinorrhea etc. , eye related symptoms such as tearing, dryness etc., and others such as tightness and congestion in the chest area, nausea etc. (Apter et al, 1994). When comparisons were made between the two groups, it was seen that the prevalence of all these symptoms was higher in the subjects that were in the test group. This would help to draw the conclusion that there was some factor in the building, possibly the ventilation or lack of it that contributed to these symptoms. Though building related factors are not the only variables in such studies, age, gender, environmental factors also account for a lot. A study conducted by Ooi et al. suggests that building related health complaints were reported more frequently by people who handled/dealt with visual display units. A majority of the researchers conducting these studies agree that these symptoms could also be manifestations of work related stress, which obviously plays a major part in todays work environment. Stress related disorders include headaches including migraines, peptic ulcers, high blood pressure, bronchial asthma etc. When these are considered in conjugation with building related health complaints, there is a very high degree of overlap. Indoor air quality measurements usually help to somewhat pinpoint the origin of these disorders, if not accurately predict them. Air quality measurements with respect to building related disorders prove that inadequate ventilation is usually a major cause of the disorders. Inadequate ventilation fails to dissipate the concentration of the chemical and biological contaminants, and may even lead the increase in their concentration over time. Sources of these contaminants will be discussed further. 3.1. Sources of the Contaminants A).VOCs: Volatile organic compounds are usually aerosols of hydrocarbons. They arise from various sources and are present in a variety of compounds present indoors. Such sources are paints, coatings, caulks, carpeting, Office products such as type-writer correction fluids, photo-duplication and laser printing toners and their thermal degradation products, and carbonless copy paper release. In addition, perfumes, emissions from dry-cleaned clothes, and other products associated with human beings may give of VOCs. Also certain microorganisms such as bacteria or fungi may emit VOCs (Brinke et al, 1998). B). BIOAEROSOLS: As the name suggests, these are released by biological sources such as micro-organisms and even humans. Plants also emit bioaerosols. Inadequate cleaning services and moisture control may lead to the proliferation of microorganisms. Furthermore, dust may collect in vents and in between carpeting (Apte et al., 2000). Workers may even carry them in through their clothes, and these are the major ways how organisms such as dust mites, cockroaches and even bed bugs are transported and subsequently propagated. These compounds usually give rise to respiratory illnesses and can increase the incidence of asthma, though their epidemiology is not much supported by previous studies. C). ENVIRONMENTAL TOBACCO SMOKE: In most U.S office buildings, smoking is prohibited. However, already present outside smoke may pervade in through doorways and windows through wind patterns. Usually tobacco smoke is not much of a problem in the United States; however, it is so in many other countries especially developing countries. Such a factor may increase passive smoking, and increase the incidence of asthma, and other respiratory diseases. D). OUTSIDE AIR POLLUTION: Vehicular exhaust, factory exhaust and other outdoor pollution factors can pervade indoors gradually. This is seen in buildings which are near busy roadways and city centers. The compounds in such are usually VOCs and aerosols which cause a huge variety of problems (Brinke et al, 1998). E). PSYCHOLOGICAL FACTORS: Work stress is a psychological factor that can exacerbate already existing health problems and/or make a person more susceptible to them. Furthermore, several studies have proved that gender and age play a big part in the prevalence of the disorders. Typically, women and older workers are more susceptible to sick building syndrome disorders (Brasche et al, 2001). 4. POSSIBLE REMEDIATION OF SICK BUILDING SYNDROME Sick building syndrome is different from building related illness in the sense that it is reversible, i.e. most people report alleviation in their symptoms if they leave the building. This improvement in their health is more or less fast, and it is this factor that makes SBS somewhat easy to manage. The following solutions can be used in combination or separately to remediate these symptoms. 4.1. Elimination of contaminants This method is the best remedy if the sources are known and it is economically feasible to remove them. A well maintained HVAC system can automatically help to eradicate some or most of these pollutants. The EPA suggests the following procedures to help in eliminating the contaminants: 1. Periodic cleaning or replacement of filters 2. Replacement of water-stained ceiling tile and carpeting 3. Institution of smoking restrictions 4. Venting contaminant source emissions to the outdoors 5. Storage and use of paints, adhesives, solvents, and pesticides in well ventilated areas, and use of these pollutant sources during periods of non-occupancy 6. Allowing time for building materials in new or remodeled areas to off-gas pollutants before occupancy. 4.2. Increasing ventilation rates Improving ventilation and the general air distribution greatly impacts the indoor air quality of a building. It is usually the most economically feasible options of counteracting SBS. HVAC should at the very least meet the minimum standards of local and/or national building codes. The ASHRAE suggests operating HVAC systems at their design optimum which is usually better and higher than the generic codes. The most optimum and the best option to operate HVAC systems is to the ASHRAE standard62-1989. If there is a large proportion of outdoor pollution pervading indoors, the exhaust systems have to operate to their most optimum capacity so as to continually eliminate such contaminants. Another plausible but far less economically plausible option could be to avoid such congested areas altogether, and build new buildings in comparatively more open spaces, however, this could lead to the reduction in a places green cover, and would be ultimately counter-intuitive to the purpose of elimination of air pollution. The EPA recommends local exhaust ventilation to remove pollutants that accumulate in specific areas such as rest rooms, copy rooms, and printing facilities. It also recommends that the HVAC systems must bring in adequate amounts of outdoor air to dilute and eventually remove indoor contaminants. 4.3. Air cleaning Air cleaning is usually a good remediation option if the SBS is too much, or the indoor air quality is too deteriorated. It is more of a cure than a prevention strategy. Like most mechanical cures, this option also comes with a lot of limitations. Particle control devices such as the typical furnace filter are inexpensive but do not effectively capture small particles whereas high performance air filters capture the smaller, respirable particles but are relatively expensive to install and operate. Mechanical filters do not remove gaseous pollutants. Some specific gaseous pollutants may be removed by adsorbent beds, but these devices can be expensive and require frequent replacement of the adsorbent material (Wargocki et al, 2000). 4.4. Proper Communication and Education These are one of the most important measures in remediation and prevention of SBS. The top management needs to keep in mind the health of its employees and should communicate measures to help them. All the levels of the management must work in tandem to maintain good or rather excellent indoor air quality. The EPA eloquently puts it as When building occupants, management, and maintenance personnel fully communicate and understand the causes and consequences of IAQ problems, they can work more effectively together to prevent problems from occurring, or to solve them if they do. 5. CONCLUSION Sick Building Syndrome is increasingly becoming an issue in the workplace and there are documented proofs that it results in reduction in productivity. However, thankfully, it is a reversible and easily remediable phenomenon, and if the employers and employees work together in eliminating it, it can truly be eradicated.

Friday, October 25, 2019

Comparing the Role of Social Class in The Necklace and Recitatif Essay

The Role of Social Class in The Necklace and Recitatif  Ã‚     Ã‚   Often in a piece of literature, a story will appear to be about one issue when, in actuality, the author intended it to be about another. In the short stories "The Necklace" by Guy de Maupassant and "Recitatif" by Toni Morrison, the issues of class separation and struggle, though they may appear at first glance to be unimportant, are in fact the central points around which these two stories revolve. In "The Necklace" and "Recitatif," class differences affect the ways in which the characters interact with one another. Nowhere in the story "Recitatif" is this more apparent than in the meeting between Roberta and Twyla's mothers at the orphanage. Twyla describes Roberta's mother as tall, prim, and proper. She adds, "on her chest was the biggest cross I'd ever seen..." (page 213). In direct contrast to this is the image of Twyla's mother, a woman who wears revealing pants and a ragged old jacket and curses in church. Roberta's mother clearly looks down upon Twyla's because she is of a lower class, as illustrated by her refusal to shake her hand. In "The Necklace," class differences between Mathilde and Mme. Forestier put an obvious restriction upon their relationship. By the end of the story, Mathilde becomes a member of the lower class - "the woman of impoverished households - strong and hard and rough..." (page 71). When the two ladies meet again in the last lines of the story, Mm e. Forestier is "astonished to be addressed by this plain goodwife" (page 72). In a parallel event from "Recitatif," Roberta looks down upon Twyla when they meet in a Howard Johnson's. She sees Twyla in her "blue-and-white triangle" uniform, "[her] hair shapeless in a net," and "[her] ankle... ... between the characters play the central role in the action of the story. These differences affect the ways in which these characters interact, they create the conflict in the story, and they affect the way the reader feels about and reacts to each of the characters. In making the issue of social class the focus of these two works, the authors successfully communicate to the readers their belief that, no matter how hard we might try to avoid it, class is indeed a major factor in today's society.    Works Cited de Maupassant, Guy. "The Necklace." Understanding Fiction . third ed. Eds. Cleanth Brooks and Robeert Penn Warren. Englewood Cliffs, NJ: Prentice-Hall, 1979. 66-72. Morrison, Toni. "Recitatif." New Worlds of Literature: Writings from America's Many Cultures. second ed. Eds. Jerome Beaty and J. Paul Hunter. New York: Norton, 1994. 209-225.   

Wednesday, October 23, 2019

One-Party State: Texas vs. Oklahoma Essay

Texas: For over a 100 years Texas was a one-party state of Democrats (Munisteri). Republicans did not have a chance until Abraham Lincoln who was against slavery and defended the Union during the Civil War. During this time before Republicans took over Texas was free-willed and won majority of seats in the race and had all seats in Legislature. One of the best ways to describe this era was best stated by Author Steven, â€Å"developed a free spirit, a pride in self-reliance and a work ethic that is still unmatched today â€Å"Early Texans lived, loved and died entirely by their own efforts without relying on government to fulfill their needs. Just like modern Texans, early settlers believed in families, churches and neighbors, not in bureaucracy† (Munisteri). Oklahoma: Just like the Texans, Oklahoma was always a one-party state of Democrats. It was secured in the Democratic Party and Republican did not have a chance. Even in 1964 Republicans won their first election, the Demo crats still held 81% of seats (Gaddie). In the 1990’s Republican took over and still run the show. Which party dominated Texas politics (for most of Texas’s history after the 1876 Constitution), and what are the historical origins behind this dominance? Texas: Democrats dominated Texas politics from 1863 to 1980. Still Democrats remained powerful, they gradually drowned. The Cause of this power was Texas did not vote in 1864 and 1868 due to the Civil War and Reconstruction and from 1902 through 1965, Texas had basically stopped most blacks and many Latinos and poor whites through the poll tax and white primaries by not allowing them to register to vote. Oklahoma: Oklahoma was dominated by Democrats almost their entire existence. From 1907 up until the 1990’s the Democratic Party ran Oklahoma as a state. The reason for this is stated in the article written by Gaddie, â€Å"For decades the bedrock of Democratic Party strength has been the southeastern part of the state, â€Å"Little Dixie.† This region imported not just people, but also local culture, place names, architecture, and political tradition directly from a variety of southern states, especially Mississippi† (Gaddie). In addition the most prominent people to support the Democrat Part come from Little Dixie as well. What were some of the ramifications of one-party  rule? After researching and reading articles on Texas and Oklahoma one-party states, I came to the conclusion that the consequences would be harsh, or were harsh. It would make these states communist. Meaning government control all even the way citizens live and operate. They became robotic. What caused the rise of a two-party system in Texas? The division of ideas led to the creation of the two-party system. The main issue between the two parties was how they believed the Constitution should be read and interpreted. When George Washington was president he assigned to people to his cabinet. Hamilton and Jefferson both which seen differences in the constitution. One believe that so of the constitution was good the other believe that some of it was inappropriate. This cause a rift and a split into a two-party system (AP U.S. History Notes). Why do some people (including your professor) believe that Texas is once again a one-party state? Texas: For many and many that sit down and speak on Texas and its politics see that Republicans run everything to see how everything that the President promotes they reject and are successful. The cost of living, the assistance giving to the needy diminishing and the way the rich and wealthy are catered to make me and others feel t is a one-sided situation and bring us to Texas being a one-pa rty state. Texas and Oklahoma both have 2% Democrats and 98% Republicans, it is very plain to see that both are a one-party state (538 Politics). Cite: Aboukhadijeh, Feross. â€Å"Development of the Two-party System – AP U.S. History Topic Outlines – Study Notes.† Development of the Two-party System – AP U.S. History Topic Outlines – Study Notes. StudyNotes.org. Study Notes, Inc., 17 Nov. 2012. Web. 3 Oct. 2014. . Gaddie, Ronald. â€Å"DEMOCRATIC PARTY.† DEMOCRATIC PARTY. Oklahoma Historical Society. Web. 3 Oct. 2014. . Munisteri, Steve. â€Å"Overview and History – Republican Party of Texas.† Republican Party of Texas RSS. Web. 3 Oct. 2014. . Silver, Nate. â€Å"FiveThirtyEight Senate Forecast: GOP Is Slight Favorite in Race for Senate Control.† FiveThirtyEight. 23 Mar. 2014. Web. 3 Oct. 2014. .

Tuesday, October 22, 2019

Free Essays on The Never Ending Night

In the autobiographical novel Night by Elie Wiesel, the young teenager Elie underwent the transformation from a boy who had faith and honored his God to a man who no longer believed in that God. Elie was a Jewish boy who lived in a small Hungarian town called Sighet, during World War II. When Elie was fifteen, Germans invaded Hungary and sent all his friends and family to concentration camps. During this devastating time in his life, Elie saw a great deal of inhuman deeds done to the Jews by the Germans and he started to lose faith in God. By the time he was finally liberated, he was starved, lost most of his family, and lost all faith in the Jewish God. There are many examples in the beginning of Night where people are trying to keep and strengthen their faith but there are many more examples of people rebelling against God and forgetting their religion. The first example of Elie loosing his faith is when he arrived at Auschwitz. Elie and his father are directed to go to the left. A prisoner then informs them that they are on their way to the crematory. Elie’s father recites the Kaddish or prayer for the dead. Revolt rises up inside of Elie and he questions God. â€Å"Why should I bless His name? The Eternal, lord of the Universe, the All-Powerful and Terrible, was silent. What had I to thank Him for?† (Wiesel 31). Another example of prisoners in the concentration camp loosing their faith in Night is when the pipel, a young child, was hung in front of the whole camp. The pipel was the Oberkapo’s servant. The Oberkapo was the leader of the fifty-second unit. He never struck or insulted the prisoners who worked under him ,that is why the prisoners loved him . Even though most pipels were cruel and hated, this one had the face of a sad angel and was loved by all. The Oberkapo was suspected in the intentional explosion of Buna’s electric power station. He was transferred to Auschwitz but the pipel was left behind. The pipel refus... Free Essays on The Never Ending Night Free Essays on The Never Ending Night In the autobiographical novel Night by Elie Wiesel, the young teenager Elie underwent the transformation from a boy who had faith and honored his God to a man who no longer believed in that God. Elie was a Jewish boy who lived in a small Hungarian town called Sighet, during World War II. When Elie was fifteen, Germans invaded Hungary and sent all his friends and family to concentration camps. During this devastating time in his life, Elie saw a great deal of inhuman deeds done to the Jews by the Germans and he started to lose faith in God. By the time he was finally liberated, he was starved, lost most of his family, and lost all faith in the Jewish God. There are many examples in the beginning of Night where people are trying to keep and strengthen their faith but there are many more examples of people rebelling against God and forgetting their religion. The first example of Elie loosing his faith is when he arrived at Auschwitz. Elie and his father are directed to go to the left. A prisoner then informs them that they are on their way to the crematory. Elie’s father recites the Kaddish or prayer for the dead. Revolt rises up inside of Elie and he questions God. â€Å"Why should I bless His name? The Eternal, lord of the Universe, the All-Powerful and Terrible, was silent. What had I to thank Him for?† (Wiesel 31). Another example of prisoners in the concentration camp loosing their faith in Night is when the pipel, a young child, was hung in front of the whole camp. The pipel was the Oberkapo’s servant. The Oberkapo was the leader of the fifty-second unit. He never struck or insulted the prisoners who worked under him ,that is why the prisoners loved him . Even though most pipels were cruel and hated, this one had the face of a sad angel and was loved by all. The Oberkapo was suspected in the intentional explosion of Buna’s electric power station. He was transferred to Auschwitz but the pipel was left behind. The pipel refus...

Monday, October 21, 2019

Movie Theater Persuasive Essay Essays

Movie Theater Persuasive Essay Essays Movie Theater Persuasive Essay Paper Movie Theater Persuasive Essay Paper Essay Topic: Persuasive Have you ever been to Harking Arcadia 8 lately? Well they are closing their doors. All of the kids around town Including myself are disappointed and want to keep the theater open. Kids love going to the theater after school and on the weekends. Not all kids can see new movies because It Is out of their way/area. It Is the cheapest theater we know. Kids always go to the theater after school and on the weekends. Imagine It Is after school, you have no homework, what are you supposed to do sit around and be bored? Kids love watching movies, especially new ones. Not every kid has a DVD player to watch DVDs. If they were to close the theater kids couldnt see movies unless they go out of their way. Some parents dont have a car to drive their kids to a different theater and Harking Arcadia 8 is in walking distance for a lot of people, if the only other theater is out of their way how do they get there? I know a lot of parents who dont want to take their kids to a movie theater far from their homes. Plus, not all parents want to go to the movie theater. Most kids I know can go to that theater buy a ticket and snacks on their allowance! Parents dont want to spend a lot of money on expensive theaters either. Since it is cheaper kids can see movies more often. I know that some people think The movies are Just like T. V. Why cant kids just stay home and watch T. V. For free? Well everybody likes to get out of the house kids dont like to be cramped up in the house all the time watching T. V. Again, all of the kids in town really want to keep the theater open. Kids can go their after school and on the weekends. They cant see movies if the theater is to far out of their way/area. Its the cheapest theater we know.

Sunday, October 20, 2019

Theory of Ritualism by Robert Merton

Theory of Ritualism by Robert Merton Ritualism is a concept developed by American sociologist Robert K. Merton as a part of his structural strain theory. It refers to the common practice of going through the motions of daily life even though one does not accept the goals or values that align with those practices. Ritualism as a Response to Structural Strain Merton, an important figure in early American sociology, created what is considered to be one of the most important theories of deviance within the discipline. Mertons structural strain theory states that people experience tension when a society does not provide adequate and approved means for achieving culturally valued goals. In Mertons view, people either accept these conditions and go along with them, or they challenge them in some way, which means they think or act in ways that appear deviant from cultural norms. Structural strain theory accounts for five responses to such strain, of which ritualism is one. Other responses include conformity, which involves continual acceptance of the goals of the society and continued participation in the approved means through which one is supposed to achieve them. Innovation involves accepting the goals but rejecting the means and creating new means. Retreatism refers to rejection of both the goals and the means, and rebellion occurs when individuals reject both and then create new goals and means to pursue. According to Mertons theory, ritualism occurs when a person rejects the normative goals of their society but nonetheless continues to participate in the means of attaining them. This response involves deviance in the form of rejecting the normative goals of society but is not deviant in practice because the person continues to act in a way that is in line with pursuing those goals. One common example of ritualism is when people do not embrace the goal of getting ahead in society by doing well in ones career and earning as much money as possible. Many have often thought of this as the American Dream, as did Merton when he created his theory of structural strain. In contemporary American society, many have become aware that stark economic inequality is the norm, that most people do not actually experience social mobility in their lives, and that most money is made and controlled by a very tiny minority of wealthy individuals. Those who see and understand this economic aspect of reality, and those who simply do not value economic success but frame success in other ways, will reject the goal of climbing the economic ladder. Yet, most will still engage in the behaviors that are meant to achieve this goal. Most will spend most of their time at work, away from their families and friends, and may even still attempt to gain status and increased salary within their professions, despite the fact that they reject the end goal. They go through the motions of what is expected perhaps because they know that it is normal and expected, because they do not know what else to do with themselves, or because they have no hope or expectation of change within society. Ultimately, though ritualism stems from discontent with the values and goals of society, it works to maintain the status quo by keeping normal, everyday practices and behaviors in place. If you think about it for a moment, there are probably at least a few ways in which you engage in ritualism in your life. Other Forms of Ritualism The form of ritualism that Merton described in his structural strain theory describes behavior among individuals, but sociologists have identified other forms of ritualism too. For example, sociologists also recognize political ritualism, which occurs when people participate in a political system by voting despite the fact that they believe that the system is broken and cannot actually achieve its goals. Ritualism is common within bureaucracies, wherein rigid rules and practices are observed by members of the organization, even though doing so is often counter to their goals. Sociologists call this bureaucratic ritualism.

Saturday, October 19, 2019

Merit Pay Increase Essay Example | Topics and Well Written Essays - 1000 words

Merit Pay Increase - Essay Example Likewise, for many decades in American society, if an individual worked hard and did their best they received pay increases or bonuses, accordingly. The concept, though basic in its nature, is vital, due to its profound impact on future performance. Individuals, who receive praise for past actions are more inclined to repeat and possibly increase the action. Due to recent economic turmoil, however, many companies have stopped giving rewards or pay increases for superior performance. This leaves many employees feeling unappreciated, and as a result unmotivated to do better in the future. One particular case study, given, that exemplifies this predicament is the company of Diverse Prints. They are a marketing company that typically gives large bonuses to their employees based on their job performance appraisals. However, due to the faltering economy the lead people in charge, Ann and Sam, are debating as to whether they should give small bonuses to everyone, or continue with the perfor mance based bonuses, though they will be much smaller than usual. After taking a look at the profound impact job performance recognition has on the employee, the company, and eventually the economy, the question of whether or not merit pay increases should be given will become clear. Though some may argue a person should do their job to the best of their ability regardless of extrinsic recognition or praise, it is simply human nature to crave this type of recognition. Diverse Prints typically conducts job performance appraisals, which is the optimal time for managers to review the strengths and weakness of each employee. It also provides the opportunity for the employee to receive constructive criticism on how to improve areas of weakness, and praise for the areas of their job that are done well. As both Sam and Ann agree the performance appraisals must still be conducted for continued company growth and improvement. However, where they disagree is the fact that Sam feels they shoul d take the meager, two percent budget allotted to pay increases and spread it out evenly to all employees to compensate for cost of living increases. Ann, on the other hand, feels that it is, in a way, unfair to give all the employees equal raises, if their performances are not equal. Plus, she wants to keep the top producing workers happy so that when the economy is doing well they will choose to stay with the company. It seems that by giving a small raise to everyone, all will be evenly unsatisfied. It is important to give honor or praise to where it is due, and if a successful, hardworking employee sees that they are given the same bonus as the person that was lazy all year they will not be motivated to try harder in the future. Ann is right in her assessment that it would be best to explain to all the employees that the bonuses will not be as large as previous years, due to financial hard times, but that they will still be given according to job performance. This allows the indi vidual employee to still feel a sense of accomplishment and recognition from the company for a job well done, and will encourage them to do the same if not more in the future. It also may help motivate those who slacked the year before to do better in the future. A good analogy of this concept can be seen in High School. If everyone was given a diploma for simply showing up, and not based on whether they passed or failed their courses, no student would have the motivation to try harder. In the same way by rewarding those who are successful, they are encouraged to do the same or more, and those who slacked have something to work towards. The second aspect that merit based bonus aide in, is the company

Friday, October 18, 2019

Time Trend Analysis Assignment Example | Topics and Well Written Essays - 500 words

Time Trend Analysis - Assignment Example A general trend or a movement can be easily seen on the financial ratios. There is no certain rate at which they are increasing or decreasing. If we consider current ratio we can see that the current ratios are increasing from year 2009 to 2010 but then it declined in the year 2012. From 2012 onwards the current ratio is increasing which means that the company is improving and it has the capability of paying its short term debts (Financial Report, 2013). Similarly, if we consider return on assets and return on equity of the company over a period of 5 years, we can see a trend. In this case also there is no particular rate at which the ratios are increasing or decreasing. The increase and decrease in the ratios depends upon the performance of the company. From these ratio analyses we can find out how much strong and secure a company is. On the analysis of return on assets and equity, we can see a trend. In the year 2010 both the ratios decreased as compared to the previous year but after 2010 the ratios have kept on increasing till 2013, which represents good performance of the company (Brigham & Ehrhardt, 2007). The ratios move in the direction described because of the performance of the company. The ratios will move in an upward direction if the company is performing well and will go downward if the performance of the company is not good in the market (Shapiro, 2009). If we compare the financial ratios of Pfizer Inc. with the financial ratios of Abbott Laboratories, we will find a difference in the trend of both the companies. The ratios of Abbott Laboratories are very different as they have kept on increasing and decreasing over the past 5 year which is unlike Pfizer Inc. If we only compare the ratios of both the companies of the year 2013 we will have a clear view that Pfizer is a better company as compared to Abbott Laboratories because the return on assets and equity of Pfizer has increased and that of Abbott

International Investment Law Essay Example | Topics and Well Written Essays - 3500 words

International Investment Law - Essay Example Relevant facts of the dispute This case arises from the privatization program implemented by the Argentine Republic in the early 1990s, including the guarantees they offered to investors buying assets in the electricity sector and the decisions by the respondent in reducing the impact of the Argentine economic crisis in 2001-20021. Prior to the privatization, the electricity assets of the respondent were operated by three companies which were later restructured for privatization based on Decree 634/91 and Law 26,065. Based on these laws, the electricity generation and related matters belonging to the three companies were to be divided into individual units2. The Claimant in this case argued that the impact of the Reform Law destroyed the investments in Transener and declared that the company has already incurred losses due to this law. National Grid later agreed to sell its shares to Dolphin Management in order to mitigate its losses3. Claimant National Grid notified respondent in 20 02 of the investment dispute and sought for the application of Article 3 of the Treaty; they also claimed the benefit of the application of Article 7(2) of the Treaty between the US and Argentina for the protection of their investment and for international arbitration without referral to the Argentina courts. Respondent proposed the suspension of negotiations as their public service contracts were being processed. The claimant declined the proposal to suspend negotiations; the claimant however agreed to meet with authorities for negotiations4. The claimant again expressed its willingness to explore a settlement of the issue; without any response from the respondent, the claimant submitted the case for arbitration. The parties consented. The respondent agreed to the arbitration and claimed its case under the terms of the Treaty which allows the option to settle disputes which may arise with investors who may be nationals of the other State party5. The Claimant submitted to arbitratio n through its notice of arbitration. Based on Article 3.2 of the UNCITRAL Rules, the arbitration started on the date when the Notice of Arbitration was received by the respondent. Findings The tribunal decided that there was no direct or indirect expropriation as National Grid has not been deprived of title to its property and the methods of Argentina in handling the crisis were not equivalent to expropriation6. However, the tribunal ruled that the practice of fair and equitable treatment was violated by Argentina when it did the following: it changed the legal framework which was used as basis by National Grid in its investment; it did not negotiate with National Grid in the implementation of its measures and disposal of its investments; and when it requested for National Grid to abandon its legal remedies in relation to the renegotiation of its investment7. The tribunal also decided that economic difficulties which Argentina found itself in had to be considered. The tribunal then decided that the violation of the fair and equitable standard only happened from the time National Grid asked to renounce its rights, and not from the time the emergency measures were implemented by Argentina8. This made Argentina accountable for the losses of National Grid during the first six months of the crisis. Analysis of the Arbitral Award First of all, the jurisdiction of the Tribunal is based on the instruments of the parties submitting to

Low health Literacy in Heart Disease patients Essay

Low health Literacy in Heart Disease patients - Essay Example Some of these problems are increased mortality, increased risk of hospitalization, and decreased mental health (Evangelista, et al., 2010, p. 9). Consequently, low health literacy has to be identified and clinical practice should include the necessary interventions that deal with low health literacy. The importance of health literacy and its effects on human health gained considerable recognition in the 1990s. It was identified that good communication was significant in the health management of patients. Such communication should be developed between health care professionals and the patients and their relatives (Evangelista, et al., 2010, p. 9). It ensures the safety of patients and enhances the quality of health care. In the absence of proper communication, it is not possible to achieve optimal health care. The combination of low health literacy and lack of communication leads to serious health problems, such as increased risk of safety. This is because low health literacy deprives a patient, with chronic disease, of self-care skills. Institutes like the Heart Failure Society of America and the American College of Cardiology, and the American Heart Association stressed the importance of educating the patient about self-care methods (Evangelista, et al., 2010, p. 9). These methods are an essential component of the heart failure disease management programs. Therefore, health literacy is very important for patients with heart disease. Patients should understand and apply the provisions of the health literacy, in order to obtain the desired health outcomes (Evangelista, et al., 2010, p. 9). In the US, low literacy is a major problem. In the late 1990s, there were around forty million adults with a score that was accorded level 1 of the National Adult Research Survey (NALS). Level 1 is the lowest of the five levels of the NALS. This was complemented by another fifty million adults who were designated as level 2 individuals on the NALS (Berkman, et al., 2004). Thes e literacy levels determine the capacity of individuals to understand information or numbers. In the healthcare setting, literacy is of great importance. Patients with low literacy may find it difficult to communicate with their physicians, which would compromise the quality of medical care received by them. Low literacy makes it difficult for patients to understand the instructions given by the physician; and result in adverse health outcomes, and undesirable health effects (Berkman, et al., 2004). Lack of communication capacity, due to low literacy will result in the obtention of inferior quality treatment. It is essential to be aware of health issues. This requires a clear understanding of health information. Such comprehension is termed health literacy. The American Medical Association states that health literacy is an indicator of the personal health of individuals. Health literacy varies from person to person (Glassman, 2010). Thus, persons with poor health literacy do not giv e much importance to their personal health. According to the Institute of Medicine, more than half the people in the US consider it difficult to understand and use health information. Most of the patients in the US fail to follow medical schedules, on account of poor health literacy. They fail to take medicines as prescribed and fail to keep their appointment with doctors (Glassman, 2010). Interaction is an important aspect of healthcare area. It normally transpires in the

Thursday, October 17, 2019

Communication Ethics and Society Assignment Example | Topics and Well Written Essays - 250 words

Communication Ethics and Society - Assignment Example The truth of the matter is there are many people who have college degree and have become successful in life. There are also other people who never attended college and have also become successful through the method Stephen advocates for. Moreover, not everyone can be successful as entrepreneurs. There are people who can only perform well as profession and as such they need a college education. It is unethical for Stephen to inspire young people to educate themselves using the Newspaper media. This is because according to the Journal code of ethics, Journalist should act independently and only look out for the interest of the reader. However, in this case, it is obvious that Stephen has some interest of promoting Thiel Fellow, an organization that he benefitted from. Being a beneficiary of this organization, he is seen to write these journal with the intention of encouraging students to forfeit going to college and joining this organization. These journals have also broken the first code of ethics which requires journalist to seek truth and report it. It is the work of the journalist to discern reporting and advocacy. These journals do not report but advocate for dropping out of school. The journals are therefore unrealistic and

Germany 1933-1945 Essay Example | Topics and Well Written Essays - 250 words

Germany 1933-1945 - Essay Example Out of this development, Hitler eventually came to power in 1933 and provided the resources for his own ambitions. From this year until 1938, his government would be preoccupied with anti-Jewish policies and legislations. The so-called â€Å"Jewish question† has been the obsession of the Fuhrer and would remain up to the last moments of his life. As he took the reins of power, Hitler was able to immediately launch a genocidal policy against the Jews. This went unopposed in Germany throughout Hitler’s regime because his philosophy based on volkisch and biological racism was what united Germany under one banner and community. It empowered the state to pursue its aggression and European expansion. The war against the Jews eventually evolved into a multi-dimensional, considered process that embraced different tactics and distinct phases of driving the Jews out of the country, which finally involved the occupation of Europe, as countries refused to accept them as refugees. (Landau, p. 117) From a legal war of attrition against the Jews, it would escalate into a full scale global military conflict lasting from 1939 to

Wednesday, October 16, 2019

Low health Literacy in Heart Disease patients Essay

Low health Literacy in Heart Disease patients - Essay Example Some of these problems are increased mortality, increased risk of hospitalization, and decreased mental health (Evangelista, et al., 2010, p. 9). Consequently, low health literacy has to be identified and clinical practice should include the necessary interventions that deal with low health literacy. The importance of health literacy and its effects on human health gained considerable recognition in the 1990s. It was identified that good communication was significant in the health management of patients. Such communication should be developed between health care professionals and the patients and their relatives (Evangelista, et al., 2010, p. 9). It ensures the safety of patients and enhances the quality of health care. In the absence of proper communication, it is not possible to achieve optimal health care. The combination of low health literacy and lack of communication leads to serious health problems, such as increased risk of safety. This is because low health literacy deprives a patient, with chronic disease, of self-care skills. Institutes like the Heart Failure Society of America and the American College of Cardiology, and the American Heart Association stressed the importance of educating the patient about self-care methods (Evangelista, et al., 2010, p. 9). These methods are an essential component of the heart failure disease management programs. Therefore, health literacy is very important for patients with heart disease. Patients should understand and apply the provisions of the health literacy, in order to obtain the desired health outcomes (Evangelista, et al., 2010, p. 9). In the US, low literacy is a major problem. In the late 1990s, there were around forty million adults with a score that was accorded level 1 of the National Adult Research Survey (NALS). Level 1 is the lowest of the five levels of the NALS. This was complemented by another fifty million adults who were designated as level 2 individuals on the NALS (Berkman, et al., 2004). Thes e literacy levels determine the capacity of individuals to understand information or numbers. In the healthcare setting, literacy is of great importance. Patients with low literacy may find it difficult to communicate with their physicians, which would compromise the quality of medical care received by them. Low literacy makes it difficult for patients to understand the instructions given by the physician; and result in adverse health outcomes, and undesirable health effects (Berkman, et al., 2004). Lack of communication capacity, due to low literacy will result in the obtention of inferior quality treatment. It is essential to be aware of health issues. This requires a clear understanding of health information. Such comprehension is termed health literacy. The American Medical Association states that health literacy is an indicator of the personal health of individuals. Health literacy varies from person to person (Glassman, 2010). Thus, persons with poor health literacy do not giv e much importance to their personal health. According to the Institute of Medicine, more than half the people in the US consider it difficult to understand and use health information. Most of the patients in the US fail to follow medical schedules, on account of poor health literacy. They fail to take medicines as prescribed and fail to keep their appointment with doctors (Glassman, 2010). Interaction is an important aspect of healthcare area. It normally transpires in the

Tuesday, October 15, 2019

Germany 1933-1945 Essay Example | Topics and Well Written Essays - 250 words

Germany 1933-1945 - Essay Example Out of this development, Hitler eventually came to power in 1933 and provided the resources for his own ambitions. From this year until 1938, his government would be preoccupied with anti-Jewish policies and legislations. The so-called â€Å"Jewish question† has been the obsession of the Fuhrer and would remain up to the last moments of his life. As he took the reins of power, Hitler was able to immediately launch a genocidal policy against the Jews. This went unopposed in Germany throughout Hitler’s regime because his philosophy based on volkisch and biological racism was what united Germany under one banner and community. It empowered the state to pursue its aggression and European expansion. The war against the Jews eventually evolved into a multi-dimensional, considered process that embraced different tactics and distinct phases of driving the Jews out of the country, which finally involved the occupation of Europe, as countries refused to accept them as refugees. (Landau, p. 117) From a legal war of attrition against the Jews, it would escalate into a full scale global military conflict lasting from 1939 to