Saturday, August 17, 2019

Friedman vs Keynes

Friedman vs. Keynes I. INTRO . II. Milton Friedman A. Historical Background B. View of Economy a. Early Views b. Later Views C. Influence on Policy Makers a. Richard Nixon b. Ronald Reagan III. John Maynard Keynes A. Historical Background B. View of Economy a. Trade b. Unemployment C. Influence on Policy Makers a. Prime Minister David Lloyd George b. Frank D. Roosevelt IV. Conclusion Friedman vs. Keynes The discipline of macroeconomics deals with the performance, structure, and behavior of a national economy as a whole.Macroeconomists seek to understand the determinants of aggregate trends in an economy with particular focus on national income, unemployment, inflation, investment, and international trade. Milton Friedman and John Maynard Keynes, who was both great economists, embraced the different challenges of the world by imposing their own philosophies. Although both Friedman and Keynes have some similarities, strong disagreements about the monetary arena set them apart. These tw o gentlemen traveled different paths of economics their whole life to establish ground rules for the government to follow.The first son of a working class Jewish family, Milton Friedman was born in New York City in the early 1900’s. Milton graduated high school before his 16th birthday and received a scholarship to Rutgers University where he began a specialization in mathematics. Milton’s interest in economics was influenced by two economics professors during his undergraduate studies during the time of the Great Depression (Friedman, 2005). He was convinced that the study of economics could help solve ongoing economic difficulties. Milton graduated with a double major of economics and mathematics.Milton has been credited as being the most influential economist of the second half on the twentieth century. Though originally a follower of the theories of John Maynard Keynes, Friedman later revoked the ideas of central control after witnessing the effects and moved towar ds advocating free markets. Friedman’s views of monetary policy, taxation, privatization, deregulation influenced the presidential term of Ronald Reagan in the United States during the 1980’s and Margaret Thatcher in Britain. Friedman served on the committee of economic advisors for President Richard Nixon and was at times nsuccessful at convincing Nixon to accept his advice (Stein, 2006). In addition to the influence on world leaders, Friedman’s impact on economy is also evident in his contribution to the payroll withholding tax system. This system was put in place to counteract tax evasion and tax avoidance either by domestic or international taxpayers. Milton Friedman also advocated for a voluntary military and against a draft. Friedman’s approach to economy and government developed into a laissez-faire view. He defended capitalism and criticized the ideas of the New Deal. John Maynard Keynes was born in Cambridge, England in 1883.John’s father was a registrar at the University of Cambridge and an economist while John’s mother was one of the first female graduates of the University of Cambridge, and later the mayor of Cambridge. John Maynard Keynes began his studies in mathematics and the classics at King’s College of Cambridge (Reich, 1999). Keynes was strongly influenced by Alfred Marshall to change his academic interests to politics and economics. Upon completion of his undergraduate studies Keynes became a civil servant in India for a spell and later returned to Cambridge to teach economics.As World War I ensued Keynes returned to government employment and studied relations with war allies. Keynes acted as an economic advisor to Prime Minister David Lloyd George (Reich, 1999). Keynes is best known for his work and theories of prolonged unemployment. In his 1936 publication Keynes’s General Theory of Employment, Interest and Money Keynes explores the competitive capitalist economy that could move th e economy toward a state of full employment based on a government sponsored policy.One could argue that geography, upbringing, and the social era that each economist was at during his professional peak as contributing factors to their differences. Friedman’s ideals appear to be rooted in rules while Keynes believed that policy should be carried out by superior elite. While Friedman believed that the interest is a real phenomenon is determined by the supply of and demand for loaned funds, Keynes would argue against. Keynes would pose that the interest rate is a monetary phenomenon and is determined by the supply of demand for money.There are obvious differences between Friedman and Keynes, yet there are some underlying similarities in their work. Both of these economists were great advocates of their ideas; both saw the great depression as a crisis due to lack of demand; both wrote in favor of floating exchange rates; and both were on the side of freedom in the great ideologic al struggle of the 20th century. In addition, both economists believed that capitalism should be preserved and that there were financial policies that could support a reasonable rate of growth (Stein, 2006).Based on the research that I have conducted I tend to lean towards agreeing with Friedman, though I do not reject all of the concepts presented by Keynes. Friedman’s approach to an unbalanced economy is realistic to what is seen in today’s economy. In following Friedman’s suit, I suspect that the aggregate economic state of the United States today, specifically increasing gas prices and high unemployment, as a result of significant world events. James/ECO-202 Reference Friedman, M. (2005).Milton Friedman Autobiography; The Sveriges Riksbank Prize in Economic Sciences in Memory of Alfred Nobel 1976. Retrieved October 20, 2007, from http://nobelprize. org/nobel_prizes/ economics/laureates/1976/friedman-autobio. html Reich, R. B. (1999, March 29). John Maynard K eynes His radical idea that governments should spend money they don’t have may have saved capitalism [Electronic Version]. Time. Stein, B. (2006, November 27). Milton Friedman, freedom fighter. Retrieved October 20, 2007, from http://www. time. com/time

Friday, August 16, 2019

Economics and Globalization Essay

Everyday you hear it on the news, you read it in the papers, you overhear people talking about it†¦and in every single instance the world globalization seems to have a different meaning. So, what is globalization?, there were a lot of debate about this issue. At a top political and economic level, globalization is the process of denationalization of market, political and legal systems. The consequences of this political and economic restructuring on local economies, human welfare and environment are the subject of an open debate among international organizations, governmental institutions and the academic world. (7, www.globalization.com/intro.cfm) â€Å"What is globalization? Is it the integration of economic, political, and cultural systems across the globle? Or is it Americanization and United States dominance of world affairs? Is globalization a force of economic growth, prosperity, and democratic freedom? Or is it a force for environmental devastation, exploitation of the developing world, and suppression of human rights?†( www.globalization101.org) Globalization is not a phenomenon it is not just some passing trend. today it is an overarching international system shaping the domestic politics and foreign relations of virtually every country, and we need to understand it as such†. Globalization is much like fire. Fire itself is neither good or bad. Used properly, it can cook good, sterilize equipment, from iron, and heat our homes. Used carelessly , fire can destroy lives, towns and forests in an instant. As friedman says :†globalization can be incredibly empowering and incredibly coercive it can democratize opportunity and democratize panic. It makes the whales bigger and the minnows stronger. It leaves you behind faster and faster, and it catches up to you faster and faster. While it is homogenizing cultures, it is also enabling people to share their unique individuality farther and wider†.*+(web) But the question here what is driving globalization?, globalization â€Å"Is driven by the strategic responses of firms as they exploit market opprtunties and adapt to change in their technological and institutional environment, and attempt to steer these changes to their advantage. The O E C D groups the factors shaping globalization into four general categories, which are inter-linked: -firm behavior : Strategic , pre-emptive and imitative behavior. Exploitation of competitive advantages: use of superior technology , organization, production or marketing. Consolidation of competitive advantages: gain access to highly skilled people, advanced technological and commercial infrastructure, lower Labour costs, and raw material. Organizational changes; adoption of lean production methods and more horizontal internal and external organizational structure. -Technology Related factors† declining computing, communication, co-ordination and transport costs. Increasing importance of R &D , coupled with rising R & D costs. Shortening product lives. Shortening of limitation time lags. Rapid growth of knowledge -intensive industries. Increasing customization of both intermediate and finished goods. Increasing importance of customer oriented services. Economic factors Availability of key production factors Productivity differentials. Fluctuations in exchange rates. Differences in the business cycle. Catching up by lagging economies.† (changing paradigms , Thomas Claake and stewaat clegg, p90)). But according to Thomas Friedman in his book Lexus and the Olive tree he explains three major factoes for the spread of globalization: Which are -the democratization of tecngology. – the democratization of finance. -the democratization of information. International expansion has been driven by firm strategies based on their technologies and organizational advantages shaped by a number of factors of government policies,  technological factors driving expansion include the rapid growth of knowledge intensive industries which are foreign investment intensive industries which are foreign investment intensive use intra firm trade intensively and  collaborate externally in development the need to recop growing R & D costs find highly trained and skilled workers and organize production more efficiently underpinned by declining communication and transport costs. Increase importance of customer sevice. Macroeconomic factors include market development in different countries and region. Avalibility of key production factors, product differentials, fluctuation in exchange ates, differences in business cycle, catching up by lagging economies. Government policies , significant influence firm strategies by liberalizing capital investment and trade flows, promptly regional integration and promptly competitiveness. Trade policy of liberalization of trade and invested are enabling factors which have driven global expansion and increased the integration of production and markets.competiton policies(changing paradigms , Thomas Claake and stewaat clegg, p90)). Second, the techmolgy, people have been able to travel the world for the past 500 years, the difference now is that they are connected immediately.Th internet boom in 1990 made people relaise that business could operate more or less unconstrained by geography, 24 a day , 7 days a week , 365 day a year. This new faster moving changing business environment have driven companies of all sizes to organize themselves into smaller more responsive , focused unti. The faster that drives globalization is making behavior is more tribal. John Nasibih, author of global pardox argues that the more we become economically interdependent the more we hold on to what constitute our core basic identity. Implementing a homogenized western culture, such countries as indousia , Russia , france have passed laws to preserve their identity. Matters are further complicaty by the shift from trdational nation states to network. The role of diasporas in developing the economic and political fortunes of many counties is significant . See the role of the chiness  dispopora in driving the economic development of many asian states. Technology is driving a global changing in many other areas, affecting the context of strategic decisions.Laura D’Sndrea Tyson, dean of London Bsuiness School and a leading economic adviser to Bill Clinton from 1996 to 2000, highlighted the main forces driving globalization: The basic factor driving is technology .its trite to day but its true ./ the two major development taking place in the world are demographic and interconnectedness. Interconnectedness is about transportation and communication and that driven bytechnolgy. Demographic is actually about biotechnolgyical science. (Kourdi, BUSINESS STRATEGY) Tecnhlogy did not inevent a new business paradigm but it has transformed business opening up a multi trade of ways to add value, increase sale, reduce costs and manage more efficiently. Understanding the nature of this transformation is valuable for decision making. An information firestorm rages in most business and how it is manges is crucial to success. A consequenceas of the increase in line activity is that information can be leverages to create new sources of value . it is important to combine the power of information and technology qwith common sense approach to management. So tech. And infor, are very importat factor what also effect the economy which also cause globalization. (Kourdi, Business strategy).

Thursday, August 15, 2019

Salvage Law: Stipulations And Amendments

Salvage law dictates the â€Å"service voluntarily rendered in relieving property from an impending peril at sea or other navigable waters by those under no legal obligation to do so. † Thus, under maritime law, salvage refers to the act of ‘rescuing’ or recovering certain objects in a deteriorating or perilous state at sea of people who have no legal responsibility (e. g. marines, navy). Salvage law also narrates the right of the salvor to proper compensation from the owner of said material property. This law inhibits embezzlement on the part of salvors and encourages attempts to save property. The basic stipulation of the law embodies the following areas: property, life, and treasure salvage. Basic premise of a salvage claim must fulfil the following criteria : 1. There must be a marine peril placing the property at risk of loss, destruction or deterioration. 2. The salvage service must be voluntarily rendered and not required by an existing duty or by special contract. 3. The salvage efforts must be successful, in whole or in part. Stress is given on the accomplishment of the attempt in order for monetary privileges to be given. With regard to the first requirement, the question lies on the state of a marine vessel or ship that exposes or threatens certain properties to loss or destruction. ‘The danger need not be imminent or actual; all that is necessary is a reasonable apprehension of danger. However, if the vessel has the situation under control, there is no peril. In order for salvage law to act upon its tenets, there must be a reasonable cause or status of danger on a maritime vessel as well as its property on board. If there is no threat of danger, materials contained from such cannot be considered as salvage. The degree of danger or peril is distinguished through the level of amount in salvage compensation but does not necessarily guarantee the right to compensation. As stated ‘The degree of peril, whether slight, moderate or sever, affects only the amount of the award, but not the entitlement of the salvor to a salvage award. In addition, maritime vessels that are driven aground, reefs, shoals, reefs, or any other impeding natural obstacle are considered to be in a state of danger. In such cases where vessels are exposed to natural forces such as gales, waves, or stormy weather, and places itself in a helpless situation that leads to further damage and threat of submersion, the principles of salvage rule applies. Second, the voluntary nature in the act of salvage is determined through an individual or party’s legal right to provide assistance. Professional salvors who mainly act of economic gain are not exempted from the rule; they are also considered as ‘volunteers’ in the part of regaining threatened property. Lastly, the third requirement falls under the ‘no cure, no pay’ under the principle of salvage rule wherein the act itself must be successful in order to fall under the requirements of proper compensation. A ‘no cure, no pay’ scenario a salvor may only be paid if the operation is successful whereas a contract salvaging necessarily pays the salvor at a fixed rate whether or not the rescue attempts may be successful or not. On liability, the salvor has the responsibility of performing the salvage effort with skill; any property damaged during the attempt will reduce the award amount. The salvor however, when the operation is unsuccessful, is not held responsible for the loss sustained by property owners otherwise caused by erratic or irresponsible behavior. Salvage law is based on the right of the salvor to proper compensation for the labor provided not to the title of property or loot during the operation itself. Salvage and Towage. The basic difference between the two principles lies on the degree of danger on the part of salvage situations whereas towage simply involves the ‘service that is based on the employment of one vessel to expedite the voyage of another when nothing more is required that the acceleration of her progress. ’ Towage involves the consideration for convenience where vessels only require assistance in completing its journey. Acts of towing vessels without the presence of danger does not fall under salvage rules; owners of said vessels are not entitled to pay the salvage compensation on the part of the volunteers. Again, the necessity for a salvage claim falls under the degree in which the property is in danger. The distinguishing fact between the two claims is that towage is the lack of danger. Contract Salvage Documents such as salvage contracts is a clear stipulation for the need of clarification on the terms of payment concerning owners and salvors as well as specific criterion in which the degree of safety of salvaged properties are agreed upon. These criterions may pertain to issues such as security, interest, legal fees, and arbitration, among others. However, the basic requirement for salvage contracts to work upon still lies on the success of the operation itself, otherwise the contract may be considered null and void unless working on a certain specification such as fixed rate that does not rely on the success of the operation. This specification falls under contractual salvage services wherein parties involved work for economic gain rather that acting on volunteer efforts. Another distinction is made if the assigned contract has fixed compensation applicably paid upon the success of the operation, it falls under a fixed ‘no cure, no pay’ contract. Difference is made between a ‘pure’ salvage operation wherein individuals or parties involved are considered volunteers in the strictest sense of the word where there is no contractual agreement between property owners and salvors. Contract salvage enables concerned parties to rescue property after disclosing an agreement regarding the safety of salvaged property and efforts which involve its recuperation will be compensated accordingly. Treasure and Property Salvage. As stipulated in the above requirements under salvage law, a salvor is entitled to compensation not the right to property of the salvaged materials. The right of ownership is immediately assumed to be still within the power of the owner. This rule also applies to properties that are abandoned by its owner and thus cannot be claimed as personal property of salvors. Salvage law must also be contrasted with the law of finds where the ancient principle ‘finders keepers’ applies. It is understood that abandoned properties in order for the law to be applicable, must have consent from the owner that expresses abandonment on the right of ownership to the property. If no consent is given, then the savage rule applies. The only probable dilemma in the rule of salvage and finds is on treasure and artifacts on ancient shipwrecks where no rules apply. Life Salvage Maritime law does not clearly specify any stipulation to salvage compensation or reward during operations concerning the involvement of people or ‘life salvage’. The distinction is made wherein there is no concept of ‘property’ in lieu with salvage law requirements. Any salvor who may save a human life does not declare any right of property to the person saved, the owner, or contents of cargo. However, the US Standby Act provides the responsibility to ship captains to ensure or render assistance to any person who is in danger at sea while maintaining safety and command over his/her own vessel. [A] master or person in charge of a vessel shall, so far as he can do so without serious danger to his own vessel, crew, or passengers, render assistance to every person who is found at sea in danger of being lost. ’ In cases where life and property are involved, there are certain circumstances in which the salvage award is increased with regard to the nature of the properties rescued as well as considering the lives saved. However, this stipulation is often negated with the notion of assistance or volunteerism on the part of the sal vors. Compensation. In determining compensation, The Blackwall provides six factors in which the nature of salvage award falls under: 1. The degree of danger from which the vessel was rescued. 2. The post-casualty value of the property being saved. 3. The risk incurred in saving the property from impending peril. 4. The promptitude, skill, and energy displayed in rendering the service and salving the property. 5. The value of the property employed by the salvors and the danger to which it was exposed. 6. The costs in terms of labor and materials expended by the salvors in rendering salvage service. In considering the compensation, the peril the vessel is placed upon must be taken into account as well as the danger(s) brought about by the situation that may lead to the behavior or actions of the salvors. In addition, salvors are not encouraged to increase time and effort with regard the operation in hopes of enhancing the reward in terms of willingly increasing the damage of a vessel. After enumerating the basic stipulations of the salvage law, we turn to the SCOPIC and the salvage convention in order to determine the differences of policy and/or rule with regard to maritime law. The LOF, SCOPIC, and Salvage Convention The following amendments on the nature of salvage law deals with the special and specific circumstances concerning the nature and amount of reward in terms of the nature, effort, and other requirements in contrast with the basic precepts of the law. Lloyd’s Open form of Salvage (LOF) is a standard legal document created by London-based insurance company Lloyd’s of London in lieu with maritime salvage operations wherein the company acts as an arbiter between owner and salvers concerning retrieval operations. The legal document is literally ‘open’ because it does not specify any amount of money for salvage operations in the beginning of any contractual agreement. The amount is later arbitrated by a representative of the company for the services rendered of the salvors within the degrees of distinction that are combined with the precepts of salvage and law and of the policies of the company.. The open form’s characteristics are enumerated as thus : the salvor enters to an agreement with the contract to utilize ‘best efforts’ to save the vessel along with cargo and to ensure its safe delivery to a prescribe place of safety; the services performed fall under the no ‘cure, no pay’ principle; the services prior to the signing of the contract is taken into consideration; the concerned parties may use vessel equipment free from charge from the salvor(s); the amount of the reward is determined by a committee at the company or an assigned arbitrator for the specific case; the method of arbitration is bound to London and English laws; and lastly, an appeal on the nature of the arbiter’s award to the committee. Thus, the nature of the LOF is legally concerned on a partial agreement between concerned parties which specifically takes the agreement into more formal terms wherein the salvors has the advantage of higher remuneration for services r endered compared to the normative conditions of Salvage law. This provision is intended for contractual or professional salvage operations determined by success. The agreement does not fall under special contractual services since the determinants in such agreements are dependent of fixed rates and whether or not the operation would be a success. In relation to the International Convention of Salvage of 1989 (herewith known as IMO) and the basic provisos of the Salvage law, amendments are made mainly concerning the identification of instances that enable salvers the right to attain special compensation which in essence still falls under the ‘no cure, no pay’ principle. Similar to the Salvage law and the LOF, the amendment in the IMO remain on the original position of the first law. The main difference lies on the formation of a requirement in order to attain special compensation on the part of the salvers within the additional terms external factors and material usage. In contrast with the ‘open’ monetary provision of LOF, the agreement between the owner and salvors are direct instead of relying on a third party neutral mediator. Chapter III of the IMO discusses the right of salvors in terms of the operations itself, notably the following sections. Aricle III, section 2 states: ‘Except as otherwise provided, no payment is due under this convention if the salvage operations have had no useful result. ’ Similarly, the provision still falls under the original stipulations of the Salvage law. However, specifications are made on the preceeding article and sections such as Article 14, Section 1 states: If the salvor has carried out salvage operations in respect of a vessel which by itself or its cargo threatened damage to the environment and has failed to earn a reward under Article 13 at least equivalent to the special compensation assessable in accordance with this article, he shall be entitled to the special compensation from the owner of that vessel equivalent to his expenses as herein defined. In contrast with The Blackwall criteria on the basis of the award system on salvage law practices, the IMO convention amends the aforementioned requirements as stated in Article 13: 1. The salved value of the vessel and other property. 2. The skill and efforts of the salvors in preventing or minimizing damage to the environment. 3. The measure of success obtained by the salvor. 4. The nature and degree of danger. 5. The skill and efforts of the salvors in saving the vessel, other property, and life. 6. The time used and expenses and losses incurred by the salvors. 7. The risk of liability and other risks run by the salvors or their equipment. 8. The promptness of the services rendered. 9. The availability and use of vessels or other equipment intended for salvage operations. 10. The state of readiness and efficiency of the salvor’s equipment and the value thereof. The aforementioned amendments differ from the prior stipulations on the grounds of external or environmental factors and the specifications of compensation with regards to the nature of the operation itself. The amendments however still fall under the principle of the operation’s success in determining the right to the specified compensations. Article 14 provides that individuals may only receive special compensation, which include proper remuneration for expenses such as equipment used during the recovery operations, are not properly compensated by the salvage fee. The difference then is shown between the International Convention on Salvage law and the LOF. In contrast with the basic stipulations of the salvage law, the salvage amendments and the LOF stress on the importance of compensation and award through specifications of instances wherein concerned parties are properly paid with the addition of compensation for used equipment as presented in Article 14. Section two of the same article provides a mark increase and further specification on which the terms of agreement between owners and salvors may agree upon. If, in the circumstance set out in paragraph 1, the salvor by his salvage operations has prevented or minimized damage to the environment, the special compensation payable by the owner to salvor under paragraph 1 may be increased up to a maximum of 30% of the expenses incurred by the salvor. The prior amendment furthers the exact amount of compensation as opposed to the basic stipulations in The Blackwell provisions. Further, the SCOPIC clause aims for the endorsement of the 1989 amendments but subsequently present tariff in relation to provisions in the special compensation section. The clause also functions to supplement the LOF which includes the provisions in Article 14. The main premise of SCOPIC is: ‘the contractor shall have the option to invoke by written notice to the owners of the vessel the SCOPIC clause set our hereafter at any time of his choosing regardless of the circumstance and, in particular, regardless of whether or not there is a â€Å"threat of damage to the environment. ’ As a supplement, the clause acts as a special addition on the part of salvor in terms of remuneration that further adds benefits upon completion of the necessary requirements found on Article 13 in the IMO. In relation to the provisions set in the LOF, the SCOPIC clause may be invoked at any time by the contractor or the salvors whether or not it adheres to the stipulations made in Article 13, specifically the threats to environment regarding the operation itself. Differentially, the Special Casualty Representatives (SCRs) act as the same function as that of LOF mediators but are appointed by owners in order to determine that nature of the operation. In addition, any award mentioned in the ten amendments in the IMO is discounted by at least 25% of the amount on a basis that it exceeds the totality of Article 13 awards: In addition to the rates set out above and any out of pocket expenses, the Contractor shall be entitled to a standard bonus of 25% of those rates except that if the out of pocket expenses, the Contractor shall be entitled to a standard bonus of 25% of those rates except that if the out of pocket expenses described. Sharply contrasting the provisions set in article 13, the clause provides an alternative method in enabling to negotiate claims outside the LOF and the IMO with referral to the proposed tariff systems regarding vessel tugs, equipment, and manpower. In contrast, the LOF does not grant power over salvors to terminate a previously agreed LOF contract which obliges the salvage team to perform their responsibility in their best attempt. However, clause 9 of the SCOPIC states: The contractor shall be entitled to terminate the services under the SCOPIC clause and the main agreement by written notice to owners of the vessel if the total cost of his services to date and the services that will be need to fulfill his obligations hereunder to property will exceed the sum of: a. The value of property capable of being salved; and b. All sums to which he will be entitled as SCOPIC remuneration. The provision gives the equal right on the part of salvors to maintain the power of bargaining if and only if circumstances arise in relation to the aforementioned provision. Conclusion In summation, the nature of salvage law is highly dependent on the manner in which material or physical objects are retrieved in relation to the degree of danger the operation is carried out. The law is divided into contract, treasure, and property salvage. As such any act of salvage in the part of salvors is entitled to proper compensation coming from owners of said materials in danger. The nature of salvage is differentiated with towage in the sense that the former is situational; the process in which materials are retrieved must be in context with immediate danger or deteriorating physical conditions of vessels that also provide threat to cargo or passengers whereas the latter is concerned with assistance of an incapacitated sea vehicle in completing the journey without any threat on the physical well-being of the vessel. Salvors are necessarily implied as volunteers, in the altruistic sense of the word, where individuals who do not have legal responsibilities in undertaking recovery operations. However, salvage law also applies to legal operations unit such as the marines or the coast guard who are also applicable under proper compensation rights in exceeding the standard requirements of duty in the process of operations. Salvors may also be applied to professional and economical groups who provide their service under a fixed rate of compensation with also a contractual understanding that the award may be paid whether or not the operation is a success. The stipulations from the LOF agreement, IMO convention, and the SCOPIC clause mainly act as specifications of the tenets provided in the Salvage law wherein the LOF is a third-party bargaining agreement that takes into account the original provisions of the law and the amendments stipulated in the IMO (e. g. o cure, no pay principle) but does not specify the amount of remuneration on the part of the salvors with the understanding that the amount is negotiated upon by the owners and salvors with a mediator. This functions as a non-government independent body concerning the bargaining nature of the law. On the other hand, the IMO convention is the amendment of the principles stated in the original depositions of the salvage law such as the duty to provide assistance whenever necessary with the additional tenets concerning environmental factors, coastal states, elaboration of duties/party responsibilities and the special compensation system upon compliance of requirements. The IMO amendments also function as a specific response to contractual salvage operations in order to properly accord the reward system as well retaining the original In contrast with the original positions, the IMO amendments, specifically stated in Article 13, specifically adds that the environment must be taken into consideration in minimizing or preventing damage in order to qualify for the award. Equipment is also taken into the jurisdiction as the salvors have the responsibility to not increase liability that equipments might cause during the process of retrieval or upon the materials itself. In relation with contractual agreements, the amendments also cover the professional viewpoint of hired salvage service as it is necessary for promptness or strict compliance to procedures in order to be considered legal. The added provision leads to the creation of the special compensation section where salvors may be duly compensated with the equipment used during the operations if the fe e does not suitably fulfill the expenses. Lastly, the SCOPIC clause functions as an additional provision on the LOF agreement where added provisions are given in behalf of the salvors themselves which in this sense equally provide a sense of equal bargaining power with owners. The clause mainly calls for the power of salvors to terminate existing LOF contracts during circumstance wherein the contractors (salvors) anticipate that the service will exceed the value of the property retrived and the sums stipulated in SCOPIC remuneration. The basic LOF agreement necessarily state the inability of contractors to terminate their contracts as the owners have complete right over their services during salvage procedures. Salvors are necessarily obligated to act upon to the best of their ability to perform the operation to success in order to qualify for the award. However, the SCOPIC clause, with reference to the provisions set by the basic Salvage law, the LOF, and IMO provide an extension of power for contractors in terms of remuneration agreements wherein the procedure itself, if it exceeds certain requirements, duly grant the power of salvors to terminate the contract. In addition, the appointment of an SCR is important upon agreement of both parties and exercise of the SCOPIC clause. The SCR is then obligated to attend the operation itself with a number of representatives appointed by a committee. Thus, the salvage law and the aforementioned provisions discuss the general idea jurisdiction and nature of the law and amendments made to cover certain concerns. Bibliography Anderson, A, Salvage and Recreational Vessels: Modern Concepts and Misconceptions  U.S.F. Maritime Law Journal June 1993. International Convention on Salvage, 1989 International Maritime Organization (IMO),1997, retrieved 6 April 2009,    Lloyd’s Standard Form of Salvage Agreement (Approved and Published by the Council of Lloyd’s) 2000  § A-L, retrieved 6 April 2009, Mankabady, S, The International Maritime Organization, 2nd edn, Routledge, 1987 Schoenbaum T, Admiralty and Maritime Law, 2nd edn, West Group Publishing, USA, 1994. SCOPIC Clause 2007 p.1 Smith, N, The Law of Salvage, University of Puget Sound, 1994.

Wednesday, August 14, 2019

Barriers to Accessing Health Care Services

In this essay I am going to critically analyse diversity within the National Health Service (NHS. I will briefly focus on barriers to accessing health care services in relation to age, race, disability, gender and culture and sexual orientation. I will consider the barriers which have unintentionally been put into place within different health services for both service users and members of staff, and the measures that have been taken in order to redress these issues by the government, NHS and Department of Health (DOH). Diversity is the inclusion of all irrespective of an individual’s age, race, capabilities, cultural background, gender or sexual orientation. The St. Helens and Knowsley NHS trust affirm this ideal describing diversity as, â€Å"Different individuals valuing each other regardless of skin, intellect, talents or years. † This is a quote the St. Helen’s and Knowsley trust have used from the Equality Act 2000 on their website to show their beliefs surrounding diversity. In society every individual is born differently, such as hair colour, skin colour, male or female, sexual orientation (depending on your belief that sexual orientation is genetic and not environmental), born into different religious and cultural backgrounds. As the U. K. has become ever more a multi-cultural society, issues such as diversity and anti-discriminatory practices have become ever more significant within our society. An individual who has been treated differently or received an unequal quality of service based on a preconceived idea due to a minority group they may identify themselves with have been discriminated against. Within the NHS these minority groups are known as characteristics, as in characteristics which help build an individual’s idea of their own self-concept. Since the Equality Act was up-dated in 2010 the NHS have not only included race, culture, gender, capabilities, religious beliefs and sexual orientation but also now include, pregnancy/ maternity, marriage/civil partnerships and carers as part of their protected characteristics policy. (http://www. nhs. uk). For the first time the law also protects people who are at risk of discrimination by association or perception. This could include, for example, a carer who cares for a disabled person† (http://www. nhs. uk) There are two forms which discrimination can take place the first is called direct discrimination. Direct discrimination is when an individual is treated differently usually negatively or unfairly compared to others based on the individual identifying themself with one of the above protected characteristics. Indirect discrimination is when a law, policy or procedure has been put into place, which applies to everyone, but this law, policy or procedure will disadvantage individuals who associate or identify themselves with the above protected characteristics. However due to organisations focusing too much on anti-discriminatory practice a new controversial concept of positive discrimination has begun to emerge, this is also being called positive/ affirmative action. Positive discrimination is where minorities or individuals, who associate or identify themselves with the protected characteristics, are given preferential treatment to others. An example of this would be two candidates who are both equally qualified for a job, however one candidate is a white, heterosexual male and the other candidate is a black, homosexual female, by positive discrimination the second candidate would receive the position. Positive discrimination can be due to pressure felt by the organisation to employ a diverse work force, to fill a quota to ensure the organisation cannot be accused of being discriminatory or historical guilt for issues such slavery. â€Å"The idea of positive discrimination came from the US where an ‘affirmative action’ programme has been used to try and ensure the make-up of certain workplaces reflects that of society. † (http://www. findlaw. co. uk) It has been suggested that the root cause of discrimination is due to prejudice. Prejudice is a stereotyped, pre-conceived idea of the way an individual or social group should portray themselves within society (Walsh et al, 2005). For example all Irish people drink alcohol excessively. â€Å"Prejudices can be a result of your own beliefs and values, which can often come into conflict with work situations. † (Pg. 194, Nolan et al, 2005). There are no laws in place against being actively prejudice, this is why the law concentrates against discriminatory practices. (Walsh et al, 2005. ) Ageism is commonly thought of as discrimination against the elderly; many nursing and health and social care textbooks affirm this belief, Kydd et al (2009, Pg. 49) state that â€Å"Ageism is the generalisation of old age as a social problem, this has contributed to the negative stereotyping and ageist practices in relation to older people. † However this is a false perception. Ageism can affect individuals of all ages, for example in 2004 the upper age limitations of free breast screening were 69, (http://www. imsersomayores. sic) however due to a growing older population this age restriction was raised to 73 in 2010 and the lower age limitation remained at 47. (http://www. cancerscreening. nhs. uk). Studies carried by the cancer research charity show â€Å"The 5 Most Commonly Diagnosed Cancers in Females, Average Percentages and Numbers of New Cases, by Age, UK, 2007-2009† (http://www. cancerresearchuk. org). Breast cancer is highest in both categories of women aged 2 5-49 and 50-74, however in the group 25-49 breast cancer was more prevalent by 10% (43%) compare to the 34% in the group of women aged 50-74. These figures show there is a need for the lower age restriction to be reduced. This NHS policy for age restrictions on breast screening needs to be reviewed as it can be viewed to be discriminatory towards women in the UK under 47 who are proven to be in need of this health service. Racism is the belief that one race is superior to another; (walsh et al, 2005) throughout history millions have faced discrimination and persecution due to this belief the most prevalent examples of this is in the Jewish community and the Black community. As the UK continues to become a more diverse, multi- cultural society racism continues to plague Britain. Penketh (2000, Pg. 7) affirms this by stating, â€Å"Black people are more likely to be ‘stopped and searched’, arrested, imprisoned and even to die in custody than whites. † Studies carried out by Unison, the UK’s largest healthcare trades union found that 70% of their non-Caucasian client’s employed by the NHS had experienced ‘racism or racial discrimination’ at work, some employees had experienced verbal abuse and physical abuse in relation to their race. (http://www. unison. org. uk). From this study the NHS have brought out an initiative to help eradicate racism within the NHS, part of this initiative is to have a better complaints and redress system in place, as three quarters of the employees in this study who experienced racism or racial discrimination were unsatisfied with the outcome when the incident was reported to their management. Disablism refers to prejudices against individuals who have suffered ‘mental, physical or sensory impairments’. In the past words such as lunatic, spastic and cripple were acceptable words used within health care settings as a way to describe an individual with specific needs. These terms are still rife within society today. (Walsh et al, 2005). Goodley (2011, Pg. 24) states â€Å"People with some form of impairment are likely to experience social disadvantage, a lack of opportunities and unfair discrimination. † Barton (2002) agrees with this as Barton theorises that individuals with a sensory, physical or mental impairment will at some stage in their life experience oppression in both institutional and individual forms, this can be due to absence of choices, barriers to funding, unforeseen deterioration in their impairment or general ignorance. Within the NHS discriminatory practices occurs on a regular basis despite programmes such as ‘Valuing People Now’ being released by the DOH in 2009, this was a three year strategy to help improve the quality of life for individuals with learning difficulties. This year MENCAP have released a report called ‘Death by Indifference: 74 deaths and Counting. ’ This report highlights the failings within the NHS to provide an equal quality of care for those with specific needs and learning difficulties. The main areas of failing that subsequently lead to the needless deaths of many patients with learning difficulties are failure to recognise pain, poor communication, diagnostic overshadowing, and delayed treatments, inappropriate DNR’s and lack of basic care. Throughout the report it is emphasised the lack of compliance not only to the Equality Act but also the Mental Capacity Act, in relation to DNR’s being allocated to patients without the consent or the knowledge of the patient’s family, friends or advocate. Again a major issue within the report is the NHS complaints and redress system in place. MENCAP,2012) â€Å"In this report we deal with the inadequacies of the NHS complaints process. On average it can take 18 months- 2 years to reach the Local stage, and between 2 years- 4 years to complete the ombudsman stage. † (MENCAP,2012, Pg. 7). Sexism is the belief that one gender is superior compared to the opposite sex, it is generally felt that women tend to be sexually discriminated against within society more so than men. (Walsh et al 2005). Within the health care profession a patient may express a preference in the gender of the health care practitioner (HCP) who provides their personal care (Smith t al, 2011). This is not to be seen as sexual discrimination against the HCP, by noncompliance with the patient’s request this can be viewed as discrimination against the patient’s religious and cultural beliefs. However due to under funding and under staffing with the NHS the ability for HCP to fulfil these requests has been compromised. â€Å"Modesty in dress and a requirement to be treated by a doctor/nurse of the same sex is also important in some religions. NHS staff should consider these requirements in order to preserve the dignity of the patient. However, it is not always possible or feasible to provide same-sex attendance, particularly without adequate notice that this might be an issue, and this should be made clear at the time of making appointments† (DOH, 2009) The Royal College recognise the need for a review within staffing levels within their 2011 report Mandatory Nurse Staffing levels, they also acknowledge the impact staffing levels have on a patient, they state, â€Å"There is a growing body of evidence which shows nurse staffing levels makes a difference to patient outcomes, patient experience, quality of care, and the efficiency of care delivered. (RCN, 2011). Within a female dominated profession such as nursing it is felt that males tend to be more so discriminated against sexually than females. A recent example of this on a national news level is the case of Andrew Moyhing, a male student nurse who won a sexual discrimination case against the NHS. He was told by a female staff nurse that he would need to be chaperone by a member of staff as he attached an electro-cardio machine to a female patient, due to ‘intimate care’ required . Mr Moyhing felt this was unfair as female students on the same ward were unsupervised when carrying out personal hygiene and intimate care on male patients. The Equality Opportunities Commission supported Mr Moyhing releasing this statement, â€Å"The Employment Appeal Tribunal was right to find that it was not acceptable to have a chaperoning policy based on lazy stereotyping, Male nurses are still seen as a bit of an oddity simply because there are so many more women in the profession than men despite the fact that so many doctors are male. † (www. ews. bbc. co. uk/1/hi/health). The charity ManKind this year released a report presenting the ‘Seven Challenges Male Victims Face’, it highlights various forms of sexism especially within statutory service such as the NHS, â€Å"Practically all training with in the police, NHS and local authorities is aimed at women as the victims, men as the perpetrators. † (See appendix 2). Cultural discrimination is when a s ociety does not accommodate or recognise the needs of an individual or group of people from a different religious or cultural background. As a society there will be expectations of what the ‘social norms’ are, what is acceptable and what is not acceptable. When an individual or social group show beliefs or needs that do not fit in with our own social norms they can be met with hostility and intolerance. (Walsh et al, 2005). â€Å"Cultural barriers can prevent, for example consideration of spiritual, relational or dietary needs that do not conform to traditional expectations. † (www. bridgingthegap. scot. nhs. uk). There are many areas of patient care which are can be jeopardised due to ignorance of cultural beliefs, examples of these which are emphasised in the NHS guidelines for cultural and religious beliefs are: Diet- many religions are restricted as to what types of food they can eat, and how the food was prepared, for example an orthodox Jew will not eat pork or any meal that has come into contact with a pork product, Muslims also have similar beliefs surrounding food preparation. Personal Hygiene- as mentioned before patients often express preference to the gender of the HCP who assist with their personal care. An orthodox Muslim will only wash in running water, therefore offering a basin of water to wash in may be seen as offensive. Palliative care and Dying- each religion has different views are to how a body should be ‘laid out’, when a patient dies the patient is given the Last Offices, if a patient is Christian a bible is also usually set in the room, however some religions find it offensive for anyone except the family to ‘lay the body out’. http://www. bfwh. nhs. uk). This is why more importance needs to be emphasised on patient admissions and filling in the ADL forms to the best of our ability, as it can prevent any future offence or discriminatory practices. As you can see in the Activities of Daily Living (ADL) (see appendix one) spiritual needs are mentioned, however the contents of the ADL will vary from trust to trust an d all trusts do not include religion or spiritual needs. In the caring profession patients have shown signs of frustration, confusion and anger as their cultural beliefs are not met, over looked or ignored. (Leininger, 1991). Discrimination based on sexual orientation, Roper, Logan and Tierney identify sexuality as one of the ADL (Mckenna et al, 2008), within each NHS trust it varies as to what is recognised as an ADL. As you can see (appendix one) the trust I work for have not included sexuality. Many people within society see sex as a taboo subject and therefore find it a difficult topic to approach and discuss openly, however sexual health is a part of holistic health and should be taken as seriously as any other aspect of health such as mental, emotional or physical. The World Health Organisation defines health as, â€Å"a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. †(WHO, 1948). Studies have shown that the homosexual community are greatly disadvantaged and are the least likely group that identify with the protected characteristics to access health services. There are a variety of reasons due to this such as, a patient may not be openly gay, when they do access health services a majority of the time assumptions are made the reason for accessing that health service is related to the patients sexual health, also when homosexuals do access sexual health services they feel a stigma of promiscuity has been attached to the homosexual community. (Dunn et al, 2010). In conclusion from this essay I have realised barriers to health service access are a key factor in differential health outcomes among population groups within society. WHO, 2001) Although policies and procedures have been put in place by governing bodies to decrease the occurrence of discriminatory practice, these policies are not always effective; they are only effective when they are enforced by the organisation. Within the health care profession we must always strive to respect an all aspects of an individual’s identify and self-concept (Walsh et al, 2005). Simple measures such as filling in an ADL to the best of your ability can be a preventative method to causing future offence, or discrimination to a patient.

Tuesday, August 13, 2019

The Butcher of Milwaukee's Human Slaughterhouse Essay - 1

The Butcher of Milwaukee's Human Slaughterhouse - Essay Example The discovery that a man so confident, tidy, well mannered and clean was capable of such heinous murders, as well as cannibalism, would be a central aspect of this study. To investigate the motives and incentives that led a seemingly average man to indulge in a killing spree that lasted and went undetected for 13 years is what this essay will concentrate on. Furthermore, the analysis will be aided by the use of two theories that will scrutinize factors that have contributed to the crime in question and led to the constitution of Jeffrey Dahmer who came to be known as ‘the man who redefined serial murders’ by the Online criminologist. Â  According to Tru Crime Library, Detective Patrick Kennedy was the person who gained Jeffrey Dahmer’s trust and hence plummeted into the depths of his degeneracy. His killing spree of 13 years took root from fantasies about killing men and having sex with their corpses at the age of fourteen. By sixteen he had become an alcoholic with an intense interest in chemistry and dismembering animals. Research, as stated by Dr. Randall Lockwood (vice president of training and initiatives for the Humane Society of the United States), has found excessive links between animal cruelties in the early years of childhood to future serial killings. A common characteristic shared by serial killers like Jeffrey Dahmer, Ted Bundy, and David Berkowitz. Â  In June of 1978, right after graduation, Dahmer committed his first murder. Steven Hicks, a hitchhiker that he picked up, had sex with and then drank beer with was the first of his victims.

Monday, August 12, 2019

What do you believe to be the main force driving change in the Essay

What do you believe to be the main force driving change in the International Business Environment - Essay Example The traditional ways of transacting businesses are becoming obsolete due rapid changes and inventions. Cultural, political, environmental, and economical forces characterize globalization and have great impact in the international business environment. Introduction Globalization is the process by which people all over the globe are interconnected into one village such that an occurrence in one part of the world will have a direct impact on the other part. Major changes in international business environment and business operations are because of globalization of business. Today, several significant transformations can be observed in the international business environment and most of these transformations are occurring spontaneously. The changes are unpredictable and inevitable such that one transformation is leading to emergence of more numerous changes. Similar to industrial revolution that completely transformed business environment in Europe, these transformations are necessary in both their outcome and magnitude. The main transformation includes increased competition, rapid changes, and increased use of computers and adoption of sophisticated information technology and networks. Investors or rather employers need to learn the new principles of success, and keep reinventing the objectives of the business (Batra and Dangwal, 2005, p.88). People from different states have developed similar tastes and preferences leading to homogeneity of needs. Globalization encompasses numerous processes by which, institutions, money, people, goods, and services are able to cross territorial or domestic boundaries freely Globalization as a process is a result of sociocultural, political, economic, and technological forces. Globalization is mostly used to mean economic globalization, which is the connectedness of world economies into international economy though exchange of goods, capital investment, migration, and increased use of technology (Brooks and Weatherston et al., 201 1, p.165). The continuing increase in globalization raises the need to understand the different cultures of the world more so corporates and communities cultures. There is an increased transfer of workforce or experts from one country to another, in effort to assist establish new locations of the company or boost existing ones in order to achieve their objectives (KPMG International, 2013, p. 2). Mere knowledge of communication skills is not enough but also the understanding of cultural influences, varied communication designs and social settings of every society do drive the success of globalization. The real standing of globalization can be understood by focusing on three main changes. The first major change is the one witnessed in the job markets. The increased demand of employees with multilingual knowledge has led to people moving from state to another for employment or travelling internationally for the purpose of business transactions (Gelbart, 2012, p. 1). Also of important is the emergence of e-commerce, which have a major impact on competition and growth of market as the original location of firm is not an issue anymore. Increased in cross boarders travels has in turn led to wide spread of traditional cultures and practices all over the world. People’s cultures all over the world seem to rhyme and everybody seems to be adapting to global behaviors, especially in trade industry. Focusing on our social environment

Sunday, August 11, 2019

Leadership and Organizational Culture Essay Example | Topics and Well Written Essays - 4000 words

Leadership and Organizational Culture - Essay Example From this paper it is clear that there are totally four CEO’s whose leadership style is different. The leadership style of an individual highly depends upon the individual behaviour of the person and set of attitude and beliefs molded in his mind. Some believe firmly that autocratic leadership style will bring out more productivity. Some believe that participative leadership is best and some others feel that free reign is best. The behaviour and the set of attitude possessed by the person is what make the person implement such leadership strategy within the organization. This study outlines that leading can be done in many ways depending upon the individual parameters. Leadership issues are mostly found in organizations and it is highly oriented towards the top level management within the organization. The overall effectiveness of the organization is depended upon the capability of the leader to manage the resources effectively and efficiently to achieve the organizational goals and objectives with an increase in the overall productivity. It is not only the responsibility of the leader to clearly identify and define the goals and objectives of the business, but also involves designing and framing useful methods by which those goals and objectives can be accomplished. â€Å"In organizations, leadership is about influencing employees to buy into the vision of the leader, motivating them to deploy all resources available at their disposal to achieve objectives set by the leader†.