Friday, November 29, 2019

The Empowerment Effort-Sportsgear Case Study Essay Example

The Empowerment Effort-Sportsgear Case Study Essay Sportsgear was proclaim a new era of empowerment at the company. Sportgear had a host problems. Marketshare was declining in the face of foreign and domestic competition. New product was scarce , each department barely to speak one to another, morale was low and resumes had been flying out the door. Eventhough one of CEO at Sportsgear is starting with installing improved information technologies then pushing for customer service excellence. unfortunately one of CEO disagree with empowerment effort and he also did not understand the artistic process. But he is very loyal and also barrier to company. Company is moving slowly at delivery products to stores and making design changes. Company is deciding to use consultant to solve empowerment problems. Empoewrment it self is an act of building, developing and increasing power through cooperating, sharing and working together. As manager they act as a coach, facilitator, resource developer. On the other hand they are also able to informing, evaluating, dan motivating people around the company. Team members learned about the business by studying marketing, design, manufacturing and sales information. Visited a number of sportgear stores and talked with salespeople and customers. The aspiration for empowerment is good idea for company. Generating new idea, new spirit, new energy working with collagues in new and creative ways. Building developing and increasing power through cooperating, sharing and working together. Trust is outcome, something that develops gradually in organizations that are well designed and well led. We will write a custom essay sample on The Empowerment Effort-Sportsgear Case Study specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on The Empowerment Effort-Sportsgear Case Study specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on The Empowerment Effort-Sportsgear Case Study specifically for you FOR ONLY $16.38 $13.9/page Hire Writer The purpose of developing solutions that help other people do a better job of carrying out of company’s work. Company have adopted TQM or empowerment programs. SportsGear has indicated made some tactical mistakes in implementing empowerment. As a manager do not leave the meeting room the presentation. As a consultant they should give actual practice and real training and feedback of empowerment. However, the main problem at SportGear ia an add on. The empowerment can running successfully if they do not throw an organization into a chaos. At the moment sportgear has running unsuccessfully due to the distribution of decision making authority has not changed,the design of work and assignment of responsibility for work outcomes have remained unaltered and no revision of compensation. Kreitner, Robert Kinicki , Angelo 2007. Organizational Behaviour, 8th Edition Boston Irwin McGraw Hill Brinkman, Rick Kirschner, Rick 2002. Dealing with People You Can’t Change McGrawHill,

Monday, November 25, 2019

SENTINEL STORY 2 Essay

SENTINEL STORY 2 Essay SENTINEL STORY 2 Essay Patrick Larsen Mrs. O’Neill Brit. Lit. 17 November 2014 Faith in Our Lives Faith is defined as confidence or trust in a person, deity, or object of a religion that is not based on proof. You can have faith in many things. Faith in your team to win the state championship game, faith in yourself to become a multi-millionaire businessman, or above all you can have faith in God. Faith has guided me down many different paths in my life. Some paths were good, and some paths were not so good. But no matter what lay at the end of the path, my faith in God has been strong all the way throughout my life. The first time I really saw or felt God in my life was when I was at the park in my neighborhood in Pensacola, FL playing with my neighbors and my siblings. I do not recall what day it was, but what I do remember was that it was a beautiful summer day with a nice steady breeze which was making the trees sway, and the leaves on the ground rustle around my feet. There was nothing special going on that day, just a normal day at the park playing on the monkey bars and what not. But what you may not know about my park is that around the park was an enormous field of grass and a beautiful forest behind the grass. Coming to the conclusion of our fun play day at the park, I was walking my way towards the forest through the grass admiring my surroundings. Once I reached the tree line I saw a bird up in one of the tallest trees looking down at me. Now at this time I was about five or six years old, so I didn’t really understand the whole idea of God and what not but I was learning about it in my school so it was running through my mind. But once I saw this amazing red bird looking down at me I was thinking about who God was and that he had created nature and that is when I realized that God is all around us all the time in what he has created. Though the bird was first time I really knew God and saw him in my life, the time I have known God the strongest was when my parent’s were fighting when I was in the eighth grade. T hey were fighting about my Dad’s alcoholic tendencies and how he was destroying my family, but at the time my father was drunk so he was unaware to what damage him and my mom were doing to my brother and I. During my parent’s terrible fight my brothers and I were crying a lot and praying a lot an really had to fend for ourselves for about a week. At the end of the fight my Dad ended up getting a hotel room and not coming back for about a week. For this whole week my mom was a mess and my dad wasn’t there, I prayed more than I have ever prayed in my life within that week of pain and agony for my family and I. In my prayers I had heard God’s voice many times. The sound of his voice was very soothing and really calmed me down when I heard it. Hearing his voice made me really believe that God was real and with me through all my troubles. Though God is always with us he may not be visibly or vocally present to you. Which is why when God is not visually there f or me or vocally there for me I look to my Grandma to see God. Though my grandma is not Catholic I still see God with in her whenever I look at her. I see God in my grandma because she will do whatever it takes and sacrifice anything for the good and well being of another person. She will always help someone

Thursday, November 21, 2019

Multicultural Education Essay Example | Topics and Well Written Essays - 1750 words

Multicultural Education - Essay Example These instances would certainly give a sense of optimism on the success of their child's education to every parent. The words of the teacher reflected the need for making the parents understand what the broad expectations from the child would be during the course. Also, assurance to have constant support and earmarking sessions for discussions between teacher and the parent too would give the parents high level of confidence for the particular course. Giving the milestones for performance like preparation of country reports being conveyed to parents and indicating that it is the parents responsibility to help the child to prepare reports properly would made a few parents inconvenient due to their personal shortcomings. Also, towards the last part of the speech teacher wanted parents to use email facility for easy communication without being aware of the extend of computer literary levels of the parents. These situations would certainly make parents feel a little hesitant to approach the teacher. As a certain level of ability was expected from the parents for the above mentioned situations, those parents who may not be able to undertake these things might tend to keep them away from the schools and this would have serious impact on their child. As teacher had employed a translator for easy communication, giving the parents printed guidelines on certain aspects without any specific discussion on them could lead to confusion among parents. Teacher could have been a bit more sensitive to explain the finer details of these things using the support of the translator. Also, teacher could have allowed the parents to talk or discuss over telephone, than expressing a strong preference for email, which would have given more opportunity for parental involvement in their child's education process. Parent is the navigator in the process of their child's education. Their role in exploring their child's aspiration and caliber is very important (Cotton and Wikelund, 1989). In order to facilitate better parental involvement it is necessary to take the feedback from parents on the child's reaction from the classroom experience. Also, those parents who are involved in teaching would be invited for special interactive sessions with the students with the objective if identifying the relationship issues among them. Task 2 Topic : Multiculturalism Learning objective: With rapid movement of students across countries for education, it has become inevitable to incorporate the importance of multiculturalism in the high school education. The learning objectives proposed in this course are To develop the ability for identification of issues or problems resulting from multiculturalism. To express right emotions for the situations where multiculturalism factors are highly involved. To report the right initiatives that need to be implemented to tackle the issues or problems emerging from multiculturalism. To apply various theories or methods tried by various leaders to address problems related to multiculturalism. Grade of study : 12th Grade - High school Instructions on course - Brief script The importance of the course is to create awareness among the students on the multicultural interactions and the need for expressing more

Wednesday, November 20, 2019

Why does God let people suffer Essay Example | Topics and Well Written Essays - 1250 words

Why does God let people suffer - Essay Example The existence of a powerful and benevolent deity responsible for the design and creation of the world as well exercising power over the laws of nature has been debated by both skeptics and believers for millennia. Skeptics have often enquired; If God is all knowing all powerful and all good as most religions tend to believe, then it translates there should be no evil in the world because he would be able and willing to prevent its occurrence. Conversely, believers claim that despite his possession of the above attributes, he has given humanity freedom of choice, which would be moot, if he were to exercise these powers over them. David Hume’s articles attempts an explanation of the compatibility of God’s nature with the imperfection and evil that characterizes the world. Hume takes it for granted that God exists, his focus in the article is to determine if evidence of an infinitely good powerful and perfect God can be derived from the imperfect nature of the world. With inference form Hume’s work this paper will defend this claim that the nature and existence of a benevolent God cannot be deduced by humans from the natural and imperfect condition of the universe. In support of this claim, Hume puts forward several arguments to demonstrate the nature of Gods workmanship of the universe and the many flaws, which in the eyes of human intellect cannot logically be used as inference of benevolent God. The fact that pain exists and animals are doomed to suffer it is the first contrivance of evil in Gods supposed creation, through pain and pleasure animals are forced to become vigilant as they engage in the never ending routine of self-preservation. Hume posits that pain in unnecessary and should not rationally be used as the extreme opposite of pleasure. When an animal is hungry or thirsty for instance, instead of just feeling a reduction of the pleasure it briefly experienced should why should it feel the pain of this deficiency (Clark 82)? If the world was created by a benevolent and all-powerful God, should he not simply eliminate the pain that courses so much suffering and substitute it with absence of pleasures? The unpredictable and sometime s punitive character of our natural environment also makes it difficult for the human faculty to understand or accept that a benevolent creator could have been behind the universe’s design (Hume). The world is fraught with disasters many, which man can neither predict nor prevent and it would be logical to assume that God in his goodness would mitigate to either end them or turn them to the advantage of humanity. However, nature seems to follow no moral code and to some extent, it can be seen as evil, even immoral in its action and inactions. When adults die through accidents of disease, there is always an allowance from religious perspective that they could have died in penance for their sins, in most communities this is universally recognized if not accepted. However, illness also strikes innocent children who are incapable of doing wrong and therefore, why them would they suffer the same as those who knowingly commit sins. If the concept behind the belief in God and religi on is that we should lead righteous and moral lives and those who do not will be punished, indeed it is said that the wages of sin are death. Ironically, hurricanes, tornados, and pestilence do not select their victims and therefore one is forced to question whether there is any merit in the natural laws that coincides with religious moral expectations. What is the point of leading moral lives if the good and evil are treated with the same lethal indifference by nature and why would God make it so? Another example of what makes the universe so irrationally constructed is the frugality with which abilities are distributed with each animal having so little control over its own pleasure. Elephants are bestowed with great strength but lack speed, humans have great intellect (Compared to beasts) yet they would be helpless without the

Monday, November 18, 2019

Continuum of care for maternal,newborn,and child health in Australia Essay - 2

Continuum of care for maternal,newborn,and child health in Australia - Essay Example iscrimination that the past offenders may have a negative impact on the society, as some of them may go back to crime when they do not get employment. The community is involved directly or indirectly with probation and rehabilitation services (Del and Trulson, 2006 p. 159). Thus, it should be part of the decision-making in policies on offender re-entry programs. Rehabilitation is beneficial to everyone. It provides the ex-offenders a second chance (Robinson and Crow, 2009 p. 23). They are shaped into becoming better members of society. It is important to acknowledge that the past offenders are part of our community (Cole and Smith 2008 p. 116). They are someone’s son, daughter, grandson or even parents. They need to be re-incorporated into the society. Punitive sentences are an option, and it can create a better environment as the offenders can take part in community clean ups. However, punitive sentencing should be used in particular cases. Through its members, RPS can have to have a voice in decision making. The ideas passed through RPS are passed over to the policy makers. They get to take part in the policy-making process. Policies on how past offenders get reintroduced back to the community. Rehabilitation effects and affects everyone in the society. Let your voice be heard, become part of the RPS community by singing up

Saturday, November 16, 2019

Exercise of Universal Jurisdiction Critique

Exercise of Universal Jurisdiction Critique This Research will critically discuss the problems associated with the exercise of Universal Jurisdiction with regard to Internal Crimes by National courts The bases upon which Jurisdiction can be assumed under International Law are: 1. Territorial Principle 2. Protective or Security Principle 3. Nationality Principle 4. Passive Personality Principle 5. Universality Principle. UNIVERSAL JURISDICTION Unlike the territorial principle where jurisdiction is assumed based on the place where the crime is committed, the protective principle which permits jurisdiction to be assumed when the interest of the state is threatened, Nationality principle which looks to the nationality of the offender and the passive personality principle which looks to the nationality of the victim of the crime, Universal jurisdiction looks solely to the crime and jurisdiction is assumed on this basis. King-Irani stated that Universal jurisdiction is based on customary law as well as an international consensus, that some crimes are so heinous that they threaten the entire human race.[1] Perpetrators of such crimes are considered to be enemies of all mankind and in that lies the right and authority of all states to prosecute perpetrators of such crimes. This really is the foundation of the Universal Jurisdiction principle. The International Council on Human Rights Policy in its booklet on Universal Jurisdiction explained Universal Jurisdiction to mean a system of international justice that gives the courts of any country jurisdiction over crimes against humanity, genocide and war crimes, regardless of where or when the crime was committed, and the nationality of the victims or perpetrators. It allows the prosecution of certain crimes before the courts of any country even if the accused, the victim, or the crime, has no link to that country.[2] Universal Jurisdiction is usually invoked over International Crimes. Problems associated with the exercise of Universal Jurisdiction frustrate prosecution of international crimes on the basis of Universal jurisdiction; they threaten the continued prosecution of international crimes by states and can undermine the effective administration of justice at the international level. Some of these problems are: UNCERTAINTY AS TO THE SCOPE OF UNIVERSAL JURISIDCTION Uncertainty of the scope of Universal Jurisdiction takes different forms; uncertainty as to its true meaning, mode of its application and the crimes over which it applies are issues that have made the scope of Universal Jurisdiction uncertain. Luc Reydams in a paper written for the European Parliaments Subcommittee on Human Rights (DROI) stated that Most..agree that Universal Jurisdiction exists but everyone has a different understanding of what it means[3] Reydams further states that the problem with Universal Jurisdiction starts with its definition; its definition is too broad, and it leaves so much undefined thus failing to satisfy the legal requirement of certainty. There is no consensus on the offences in respect of which Universal Jurisdiction can be exercised and there also exists differing views on the true meaning of Universal Jurisdiction. Universal jurisdiction arose in the context of piracy, and it remains the most longstanding and uncontroversial Universal Jurisdiction crime.[4] David Stewart in identifying one of the challenges of Universal Jurisdiction stated that Difficulty lies in knowing exactly which crimes qualify for unilateral prosecution by any and all states. Even if one accepts that, as a matter of international law, jurisdiction must be limited to crimes of universal concern, there is no means for determining exactly which offenses fall into that category.[5] The Princeton Principles on Universal Jurisdiction states the fundamentals of Universal Jurisdiction as its first principle; under this it states that Universal Jurisdiction should be asserted with reference to the crime only; such crimes should be serious crimes.ÂÂ   In its second principle, it states that the serious crimes over which Universal Jurisdiction should be asserted are piracy, slavery, war crimes, crimes against peace, crimes against humanity genocide and torture. The Princeton principles further states that the exercise of jurisdiction in respect to the above listed crimes is without prejudice to other International Crimes under International Law. This raises a fundamental question; what are the parameters for determining the crimes over which Universal Jurisdiction may be asserted? It is generally agreed that while Universal Jurisdiction may be asserted over International crimes, it is not every International crime that can be subject to Universal Jurisdiction? Dr. Oner states that some International crimes are subject to Universal Jurisdiction as a matter of Customary International Law and some others as a result of treaty.[6] He opines that those are the two ways of ascertaining what crimes are subject to Universal Jurisdiction.[7] He traces the history of how different crimes came to be recognised as International crimes over which Universal jurisdiction could be asserted, his work would be relied on in tracing the history of those crimes. Piracy is the oldest recognised crimes over which Universal Jurisdiction can be assumed, the basis of asserting Universal Jurisdiction over this crime lies in the fact that it is committed in a place which cannot be categorised as the territory of any state; the High Seas. It was an offence that affected every state; hence all states had the authority to combat it. This is the only crime over which it is generally accepted that Universal Jurisdiction can be asserted over. Jurisdiction over this crime arose under customary law and it was later recognised by treaties. Jurisdiction was later extended to Hijacking by virtue of Article 4 of 1970 Hague Convention for the Suppression of Unlawful Seizure of Aircraft and the 1982 Convention of the Law of the Sea. After the Second World War and the application of Universal Jurisdiction to the prosecution of War crimes, Genocide and Crimes against Humanity, they gained acceptance as International Crimes over which Universal Jurisdiction could be asserted both under Customary International Law and treaties which created an obligation on states to either prosecute or extradite.[8] With time more Conventions on certain other offences also placed an obligation on states to either prosecute or extradite persons who have committed certain crimes; Universal Jurisdiction was therefore extended to certain other offences such as Torture.[9] Another arm of this problem is national legislation of states on Universal Jurisdiction. The scope of such legislation determines the extent of Jurisdiction that can be assumed over International Crimes, and crimes over which Universal jurisdiction may be asserted. Some states have expanded the scope of crimes over which Universal Jurisdiction may be assumed under their laws, some others have tried to maintain the scope asÂÂ   has been ascertained by them Under International Law, while some others have conferred jurisdiction on their national courts in a very limited manner. States have delimited the scope of Universal Jurisdiction in their respective jurisdictions by their respective laws. Mark Ellis stated that As much of the international community promotes universal jurisdiction, state practice is limiting the scope and use of it. AND this is being done without much notice. [10] Ellis further opined that The propensity of states retaining a more expansive view of jurisdictional reach is ending. The discernible trend is moving towards a more restrictive interpretation and application of universal jurisdiction.[11] The absence of uniformity in the legislation of states conferring jurisdiction on their respective courts to assert Universal Jurisdiction poses a problem to the exercise of Universal Jurisdiction because the exercise of jurisdiction by one state may be opposed by another, especially when its nationals are involved. One factor which is closely related to the uncertain scope of Universal Jurisdiction is uncertainty as to the factors which must exist before a state can assume jurisdiction. One of such factors is whether the Accused or the person over whom jurisdiction is sought to be asserted is within the territory of the prosecuting state; this is referred to as Jurisdiction in Absentia. Zemach in defining Jurisdiction in Absentia adopted the definition of Colangelo thus: Universal jurisdiction in absentia can be roughly defined as the conducting of an investigation, the issuing of an arrest warrant, and/or the bringing of criminal charges based on the principle of universal jurisdiction when the defendant is not present in the territory of the acting state. This definition does not include adjudication of the case.[12] Many states are reluctant to assert Jurisdiction unless the accused is within their territory. This is consistent with the extradite or prosecute obligation imposed on states by quite a number of Conventions which permit the exercise of Universal Jurisdiction; the obligation to prosecute or extradite only arises when the offender is within the territory of the state. It could therefore be argued that the implication of this is that the Conventions which place an obligation on states to prosecute or extradite do not envisage the exercise of Jurisdiction in absentia. This problem is further compounded by the absence of consensus on whether Jurisdiction in absentia is permitted under International Law.ÂÂ   Judges Higgins, Kooijmans, and Buergenthal observed, in their Joint Separate Opinion as follows: is it a precondition of the assertion of universal jurisdiction that the accused be within the territory?ÂÂ   Considerable confusion surrounds this topic, not helped by the fact that legislators, courts and writers alike frequently fail to specify the precise temporal moment at which any such requirement is said to be in play. Is the presence of the accused within the jurisdiction said to be required at the time the offence was committed? At the time the arrest warrant is issued? Or at the time of the trial itself? .. This incoherent practice cannot be said to evidence a precondition to any exercise of universal criminal jurisdiction. [13] Rabinovitch, echoes the position of proponents of Universal Jurisdiction in Absentia when he stated that State practice in recent years has increasingly supported the view that States may exercise universal jurisdiction in absentia if they so desire,[14] provided there are safeguards to prevent an abuse of the accused rights. Judge Ranjeva in his Declaration held a contrary view; he stated that developments in International Law did not result in the recognition of Jurisdiction in absentia.[15] All of these uncertainties surrounding the principle and practice of Universal Jurisdiction pose a problem to the exercise of Universal Jurisdiction. THE CONFLICT BETWEEN UNIVERSAL JURISDICTION AND THE SOVEREIGNTY OF STATES One major problem which affects the exercise of Universal Jurisdiction is the perceived and actual breach of the sovereignty of a state. I use the word perceived to mean this; most times the exercise of Universal Jurisdiction by a state may be looked upon by the state whose national or official is tried as an affront or threat to its sovereignty. This might not necessarily be the case. While in a case of actual breach of a nations sovereignty, it is the case that exercise of jurisdiction may actually amount to a breach of a nations sovereignty. The Democratic Republic of the Congo V. Belgium[16] popularly known as the Arrest Warrant case illustrates this. In this case, Belgium issued an International Arrest warrant on 11 April 2000, for the arrest of Congos Minister for Foreign Affairs, Mr. Abdulaye Yerodia Ndombasi. The Democratic Republic of Congo was highly displeased with the issue of the warrant for the arrest of its minister, and accordingly instituted an action at the International Court of Justice praying the court that Belgium recalls and cancels the Arrest warrant. Belgium had issued the warrant on the grounds that Mr. Yerodia had breached the Geneva Conventions of 1949 and protocols I and II; such breach Belgium claimed was punishable under its laws. Congo prayed the International Criminal Court to order Belgium to cancel the warrant on the ground (amongst other grounds) that [t]he universal jurisdiction that the Belgian State attributes to itself under Article 7 of the Law in question constituted a [v]iolation o f the principle that a State may not exercise its authority on the territory of another State and of the principle of sovereign equality among all Members of the United Nations[17]. In essence, Congos contention was that Belgiums exercise of Its Universal Jurisdiction amounted to a violation of its sovereignty. The Court found that the issue of the Warrant of Arrest for Congos Minister for Foreign Affairs amounted to a breach of Congos Sovereignty. Kontorovich has stated that the New Universal Jurisdiction[18] is perhaps the most controversial development in contemporary international law, precisely because it encroaches on or qualifies nations jurisdictional sovereignty[19] whileÂÂ   Kings-Irani opines that Universal jurisdiction casesusually raise troubling questions about state sovereignty. Hawkins opines that when states established universal jurisdiction, they created a decentralized mechanism for the erosion of sovereignty[20] It is not likely that the constant clash between the exercise of Universal Jurisdiction and the violation or the alleged violation of the sovereignty of a state would come to an end in the nearest future. This is attributable to the political element in the definition of the crimes over which Universal Jurisdiction can be assumed; that is the fact that most crimes against humanity and war crimes are most times not committed independent of the state and its agencies, rather they are sometimes committed by state officials with the aid of state agencies. The principle of Universal Jurisdiction has no inherent principles which can tackle the clash between assumption of jurisdiction on this basis and the sovereignty of a state. CLASH BETWEEN THE EXERCISE OF JURISDICTION AND IMMUNITY It is a principle of Customary International Law that State officials are immune from the jurisdiction of foreign courts in certain instances.[21] The immunity enjoyed could be as a result of the position occupied; this is Immunity ratione personae or it could be enjoyed as a result of the official acts carried out in furtherance of the office occupied; this is immunity ratione materiae.[22] The challenge that the issue of sovereign immunity poses is a multi-faceted one. This challenge raises quite a number of questions. What exactly is the law on the immunity of sovereigns of states, both current and past and what is the extent of the immunity in relation to the acts of the sovereign? What acts of the sovereign are covered by immunity? This difficulty arises primarily because the position of International law on the immunity of Sovereigns of States or Heads of States remains unclear.[23] Indeed the authors of the article The Future of Former Head of State Immunity after ex parte Pinochet[24] borrowed the words of other authors to describe the position of International Law on the immunity of Heads of States as lacking coherence[25], problematic and ambiguous[26] and in Re Doe[27] the United States Court of Appeal described it as been in an amorphous and Undeveloped state. This issue came up for consideration In the Arrest Warrant Case[28]; Congos contention was that ÂÂ  the non-recognition, on the basis of Article 5 of the Belgian Law, of the immunity of a Minister for Foreign Affairs in office constituted a [v]iolation of the diplomatic immunity of the Minister for Foreign Affairs of a sovereign State, as recognized by the jurisprudence of the Court and following from Article 41, paragraph 2, of the Vienna Convention of 18 April 1961 on Diplomatic Relations[29] The court came to the decision that a Minister of Foreign Affairs enjoyed Immunity which was inviolable for as long he remained in office. I will reproduce a portion of the Courts decision as this sheds some light on the position of International Law on the Immunity of Sovereigns; The Court has carefully examined State practice, including national legislation and those few decisions of national higher courts such as the House of Lords or the French Court of Cassation. It has been unable to deduce from this practice that there exists under Customary International law any form of exception to the rule according immunity from criminal Jurisdiction and inviolability to incumbent Ministers for Foreign Affairs, where they are suspected of havingÂÂ   committed war crimes or crimes against humanity. Jurisdictional immunity may well bar prosecution for a certain period or for certain offences; it cannot exonerate the person to whom it applies from all criminal responsibility[30] What this translates to is the fact that there may be times when a National Court could have jurisdiction to try a person subject to immunity, however, it might be impossible to exercise jurisdiction because of the immunity that such a person enjoys; the risk in this is that it could lead to impunity, even though this is a situation the Law seems to want to avoid or it could just lead to a situation of delayed justice. In senator Pinochets case,[31] the House of Lords held that Pinochet, a former Head of State of Chile was not entitled to immunity for torture, as torture was not an official act carried out in furtherance of his official duties. The position of International Law on the Immunity of High level officials of states remains uncertain, and there is no uniformity in state practice in recent years which can help in ascertaining the position of International law in this regard. In November 2007, France dismissed a complaint filed against Former secretary of Defence of the United States and the reason for the dismissal wasÂÂ   given by the prosecutor, Jean Claude Marin, he stated in an open letter that according to rules of customary international law established by the International Court of Justice, immunity from criminal jurisdiction for Heads of State and Government and Ministers of Foreign Affairs continues to apply after termination of their functions, for acts carried out during their time of office and hence, as former Secretary of Defense, Mr. Rumsfeld, by extension should benefit from this same immunity for acts carried out in the exercise of his functions.[32] There was an outcry against the position of France, particularly because the Prosecutor, Jean Claude Marin had some years earlier personally signed an order calling for General Pinochet to appear before the Paris Court of Appeal. Human Rights organisations felt he should have known better. The Human Rights Organisation also felt greatly disappointed that the dismissal of the complaint was largely due to the position taken by the French Foreign Ministry which is headed by Bernard Kouchner, a fellow who had distinguished himself in the fields of Human Rights. This goes to illustrate the inconsistency in state practices when it comes to the issue of exercising Universal Jurisdiction and the Immunity of State officials. Perhaps one logical explanation for this inconsistency might not be unrelated to the need to preserve good relations between states. THE ALLEGATION OF BIAS Selective approach in the prosecution of International Crimes on the basis of Universal Jurisdiction has posed a great challenge to the Universal Jurisdiction regime. The outcry against the selective approach of some states in the prosecution of crimes using Universal Jurisdiction has been loudest in Africa, where African leaders allege that they have been the primary target of Western Countries. This allegation of bias is not without any merit, neither is it entirely true. Ian Brownlie has been quoted by Zemach as stating that [p]olitical considerations, power, and patronage will continue to determine who is to be tried for international crimes and who not.[33] Dr. Oner captured an aspect of this problem aptly when he stated that: Universal jurisdiction gives powerful nations a means of politically influencing less powerful ones. Indeed, thus far, weak countries with little to no political leverage have not exercised universal jurisdiction over powerful people from powerful countries through their courts.[34] It is important that states have faith in the exercise of Universal Jurisdiction by any state that chooses to prosecute using Universal Jurisdiction. There should be transparency and good faith when arriving at the decision to prosecute; and this should as clearly as possible be seen by all to be fair. POLITICAL PRESSURE AND INTERNATIONAL RELATIONS IMPLICATIONS Nations usually want to maintain good relations with their allies; however, the exercise of Universal Jurisdiction could pose a threat to this. In order to maintain good relations with other states, a state may give in to political pressure which would in turn affect its exercise of Universal Jurisdiction. The case of Belgium and Spain illustrate this. Belgiums Universal Jurisdiction laws were so broad that anybody could be tried by Belgium courts without having any link at all to Belgium The American society of International Law Commenting on the Belgian law stated that: The Belgian law was widely recognized as the most far-reaching example of a state exercising universal jurisdiction. During the first decade of the laws existence, some thirty legal complaints were filed against a variety of government officials worldwide, including against Rwandans for genocide, General Augusto Pinochet of Chile, Cuban President Fidel Castro, Iraqi President Saddam Hussein, Palestinian leader Yasser Arafat, and Israeli Prime Minister Ariel Sharon[35] The United States uncomfortable with the possibility that its officials could be victims of Belgiums law threatened and coerced Belgium until Belgium finally amended its laws in August 2003, thus finally removing the Absoluteness from the Universal Jurisdiction law of Belgium. ÂÂ  U.S. Secretary of Defence Donald Rumsfeld stated authoritatively at the time: Belgium needs to realize that there are consequences to its actions. This law calls into serious question whether NATO can continue to hold meetings in Belgium and whether senior U.S. officials, military and civilian, will be able to continue to visit international organizations in Belgium Certainly until this matter is resolved we will have to oppose any further spending for construction for a new NATO headquarters here in Brussels until we know with certainty that Belgium intends to be a hospitable place for NATO to conduct its business.[36] The new Belgian Law now requires a link with Belgium for the Belgian courts to be able to exercise jurisdiction. All pending cases in Belgium against U.S Officials were dismissed in September 2003 because of Belgiums new law. When Belgium ruled that Israels Prime Minister Ariel Sharon could stand trial for War crimes under its Universal Jurisdiction laws, but only after he leaves office, Israeli public television quoted an unnamed official as calling the court decision scandalous and warning that it threatened to open a serious crisis between the two countries.[37] And Israel in protest was reported to have recalled its Ambassador to Belgium for consultation The case of Spain is quite similar to the Belgium experience. After Spain gave in to pressure from Israel, the United States and China, Spain amended its Universal Jurisdiction law; the new law now requires a link to Spain before Spanish Courts can assume jurisdiction.[38] Clearly political considerations and interactions between states pose a problem to the exercise of Universal jurisdiction. DIFFCULTY OF OBTAINING EVIDENCE AND WITNESSES Stewart is also of the opinion that In some measure, the lack of actual prosecutions based on universality must result from practical difficulties in obtaining evidence and witnesses regarding crimes committed in other countries.[39] Most International Crimes are usually prosecuted many years after the offences have been committed. The chances of gathering quality evidence with the passage of time reduces, when that is added to the long distance and legal difficulties that it might entail, it becomes even more difficult to obtain evidence. Language barrier could also further compound this problem. Where it is difficult or impossible to obtain evidence it might be difficult to proceed with prosecution on the basis of Universal Jurisdiction. COMPETING JURSIDCITION It is always the case most times, if not always that where jurisdiction is asserted on the basis of Universality, jurisdiction could also be asserted on other bases. Where more than one state decides to assert jurisdiction, whether on the basis of Universality or other principles, it might pose a problem, especially when extradition is requested by the competing states. To reduce the conflict that this situation may create, it is usually best that in the prosecution of International crimes, exercise of jurisdiction on the basis of Universal Jurisdiction should be the last resort, states with stronger connections to the crime should first be given opportunity to prosecute the crime, where they fail to or where they are unable to do so, then a state with no connection or a weaker connection can then prosecute on the basis of Universal Jurisdiction. COST One of the problems associated with the exercise of Universal jurisdiction is cost. A state expends its resources in prosecuting crimes, when the prosecution of crimes serves the states interests, there would be no problem with it but where it serves no practical purpose that is when the difficulty arises. The argument and view held in some quarters, that a nation that prosecutes a crime that does not threaten it in any way and which it has no interest in prosecuting stands to gain nothing from it, rather, it expends its resources and the benefits of prosecuting the crime is enjoyed by other states is one problem that militates against the exercise of Universal Jurisdiction. Kontorovich stated that ÂÂ  A nation exercising Universal Jurisdiction expends scarce resources to punish crimes that have not injured it; thus it bears all the costs of enforcement while the benefits are enjoyed primarily by other nations. Rational choice models of state behaviour suggest that nations will generally not undertake such activities.[40] David Stewart also opined that Depending on the facts, prosecutors and ministries of justice may have little enthusiasm for devoting time, money, and resources to prosecutions having little enough to do with their own countries, citizens, and direct national interests.[41] Kontorovichs position is actually a true reflection of what is currently going on at the international scene, nations decline to prosecute or even investigate where their interests are not affected, and this runs contrary to the principle of Universal Jurisdiction. One of the underlying principles governing Universal Jurisdiction is that crimes such as torture, genocide, crimes against humanity and war crimes are so serious that they harm not just a particular state but the international community and should therefore be prosecuted by all states.[42] Kontorovich opines more articulately that many of the crimes subject to the universality principle are so heinous in scope and degree that they offend the interest of all humanity, and any state may, as humanitys agent, punish the offender. . . [43] DOMESTIC LEGISLATION AND STATE POLICIES It is not sufficient that International Law establishes an obligation to prosecute on the basis of Universal Jurisdiction. There must exist national legislation which authorises the courts of a state to assert jurisdiction, where this is absent, a court might not be able to assert Universal Jurisdiction. Senegal had to enact a law vesting jurisdiction in its courts before it could prosecute Hissene Habre, former Chad president. State practice is limiting the scope and use of Universal Jurisdiction. [44] Universal Jurisdiction can only be used to the extent that a states mun

Wednesday, November 13, 2019

How the Continuity of Experience Could Disprove Materialism :: Philosophy Philosophical Papers

There seem to be three distinct questions about continuity. (1) "Is experience continuous?" (2) "Is the physical world continuous?" And (3) "Are the physical events of the brain which give rise to experience continuous?" Finding answers to these questions that can be integrated without contradiction is a challenge in itself. But before we ask whether our answers contradict, we must respond to the questions. The most ambitious and unwieldy of these questions is without a doubt the second, regarding the continuity of the physical world. This question is the realm of philosophers alone, and it has been debated since the beginning of thought. Heraclitus thought the world was in a constant state of continuous change, while Parmenides thought time an illusion, laid out eternally and unchangingly. Today this debate has become known as that between the "conventional theory of time" and the "block theory of time." (1) New names for the two camps, however, have provided no new answers, and the debate seems interminable. If the question of whether time in the physical world flows at all cannot be answered, it is certainly impossible to determine whether it flows continuously. Philosophy must here bow out to some degree and let psychology have its turn at bat. Aristotle writes: "Whether, if soul (mind) did not exist, time would exist or not, is a question that may fairly be asked; for if there cannot be some one to count there cannot be anything that can be counted..." Aristotle is wise enough not to attempt to answer this question, but instead simply states that the answer depends on whether time exists countably in the absence of a perceiver. (2) Thus the ball is thrown very early in the game into the hands of psychologists and neurobiologists, and the question thus is transformed into the first of the three, regarding experience. William James advocated a model of experience with continual mental states, the "stream of consciousness." He writes: "Consciousness, then, does not appear to itself chopped up in bits. Such words as 'chain' or 'train' do not describe it fitly as it presents itself in the first instance. It is nothing jointed; if flows. A 'river' or a 'stream' are the metaphors by which it is most naturally described." He explains that even when gaps seem to appear in the moments when we are aware of our awareness, such as when a loud noise surprises us, even there exists some sort of mental state and thus a continuity of experience.

Monday, November 11, 2019

A Difficult Task Force: Organizational Behavior Essay

The concept of groups, teams and teamwork is a very important factor for good performance of the whole company. I read the case about the group of professionals who had to control and serve the new joint venture between companies from Japan, United States, and South America. This new company had to make, sell, and service pet caskets for the burial of beloved pets, mostly dogs and cats. During the first month of work, each company had assigned personnel to the task force. The members from every company were chosen to participate in the joint venture. As chair of the task force, Jose initiated a meeting of all the members of the new company. He gave historical information, and then he reviewed the market for the innovations of their prospective product. The task force was to develop the initial design parameters for the new product to meet increasing demand around the world. Next part of the meeting was opened to comments and suggestions. Mariana Preus, representative from Argentina, the head of product design, said that the current designs that they had in production in Argentina plant were just fine, and he didn’t see any reasons to innovate the design of their product. All other members of the meeting agreed not to make any changes in the design of the product. Jose reminded to all of the participants of the meeting that their task force’s purpose is to redesign the product and its manufacturing systems. Finally, Jose had to agree with members of the meeting and to write a memo to the council of presidents with the recommendation to use existing designs and to begin immediately to design the plant and the manufacturing system. The meeting adjourned,d and Jose returned to his computer and started to write the memo that, he knew, would anger the presidents. He wondered what had he done wrong and what he could have done to prevent such result of the meeting. I think that in this case study we see an example of the formal group that is formed by a manager to help the organization to accomplish its goals. The group development process wasn’t finished and ended on the second stage–storming. Analyzing the group member roles, in our situation Jose is the initiator of the meeting, information giver, opinion seeker, and orienter. Mariana Preus has a role of initiator and information giver, because he insisted on the not redesigning of the product. The other members seem to serve just as a passive audience–followers, because they all agreed  to the Mariana’s suggestion, and didn’t give any other opinions. Also, there was no group cohesiveness; a â€Å"we feeling† binding group members together to accomplish their goal. The diverse nature of the group affected the committee’s action by not understanding and participating of all members in the meeting. If I was in Jose’s position, I would try to keep the group headed toward the stated goal better, and not to agree with the suggestion of one member, but to count the opinions of every member of the group. Also, it wasn’t right to adjourn the meeting before getting the result that would approach to the goal of the whole meeting.

Friday, November 8, 2019

Compare & Contrast of North, South, and Mid Atlantic States essays

Compare & Contrast of North, South, and Mid Atlantic States essays Statement: The Northern, Mid Atlantic, and Southern regions evolved into three distinct societies, although they came from similar backgrounds. Assess the validity of this statement. In our early history, the Northern, Mid Atlantic, and Southern regions all had both become distinct from each other while at the same time shared similar views on religious, political, and economic ideas. All of these regions originated from people coming over from Europe. It seemed that the regions were both distinct and similar and that this statement is a mixed bag. The first factor that played a major role in the early society of the new world was Religion. In the North you had to be either a Puritan or Christian to be accepted in society. If you were against the beliefs of the Northern people, you were kicked out and sent away. This is what brought about the forming of Connecticut by Thomas Hooker and Rhode Island by Roger Williams, both who had been kicked out of Massachusetts due to their not believing in the Puritan lifestyle. These states were mainly inhabited by religious outcasts of Massachusetts. However, in the Mid Atlantic region, one was given more religious freedom. One could practice any Christian religion they wanted. The same was basically true in the South. The one thing all three regions shared was being against non-Christian religions. So it is obvious that religion in the North was distinct from the Mid Atlantic and South with its beliefs even though they all originated from similar backgrounds. This makes the statement pa rtially valid in that there was some distinction but not all three were distinct. Besides religion, political ideas also played a role in the evolution of the three regions. The North was a more politically structured region. It had the Mayflower Compact and the Fundamental Orders of Connecticut. This shows that it had an early set of rules that everyone had to abide by. The South was also coming along ...

Wednesday, November 6, 2019

Transistors essays

Transistors essays Semiconductors have an electrical resistivity that is in between those of good conductors and those of good insulators. Both silicon and germanium, which are the two basic semiconductors, have four electrons in the outermost electron subshell. In formation of the lattice structure of the silicon or germanium, all the valence electrons are involved in the bonding, so the material should be an insulator. However, an unusually small amount of energy is needed to break one of the bonds and set an electron free to roam around the lattice. This energy is approximately 1ev. This energy corresponds to the energy gap between the valence and conduction bands. In an insulator, this energy gap is very high to approximately 5ev. No electron can naturally attain 5ev. At room temperature, a substantial number of electrons are dislocated from their parent atom in a semiconductor. This number increases with increasing temperature so we can say that semiconductors have higher conductivity at higher temperatures. When an electron is removed from a covalent bond, it leaves a hole and this hole can travel through the lattice and serve as an additional current carrier. The current mostly comes from the electrons that are out of the lattice structure. A hole behaves like a positively charged particle. In a pure semiconductor, holes and electrons are always present in equal numbers. Devices such as transistors and diodes are fabricated using impurity semiconductors prepared by adding small quantities of foreign atoms, such as arsenic or gallium, to an intrinsic semiconductor. The added foreign atom only accounts for a few part per million. The process of this is known as doping. This process produces two distinct kinds of systems. When silicon is doped with a five valence electron atom as arsenic, the fifth electron is not locked in place so it does not fit and can move around freely within the crystal. These electrons stay in an e...

Monday, November 4, 2019

Boeing Innovation article Essay Example | Topics and Well Written Essays - 250 words

Boeing Innovation article - Essay Example The Boeings decision to seek an alternative strategy was significantly based on the changes that the industry is undergoing. The current airline market is not willing to pay more for new and more advanced technologies. Because of this, the company’s strategy of saving up a number of advanced technologies for one project became disruptive and too expensive. Boeing previously adopted an incremental strategy. The approach proved costly as the company lost its market share to rival company Airbus Group NV (Ostrower 2015). A new approach was needed. The changes made on its approach extend to all Boeing’s operations. Suppliers’ contracts that represent approximately sixty-five percent of the total cost of its planes are being renegotiated. In the process of aiming for better, faster and cheaper production, the company hired Walter Odisho as head of manufacturing. Mr. Odisha was previously the head of Toyota Corp.’s. Boeing also looked for inspiration from the Toyota Company on how to automate its production. The company says these efforts have helped it save up to one billion last year (Ostrower

Saturday, November 2, 2019

Theories of the Atonement Thesis Example | Topics and Well Written Essays - 3000 words

Theories of the Atonement - Thesis Example Secondly, man is sinful because Adam and Eve sinned. This unique position as federal head brought offspring where that sin was imputed. And, thirdly, no sinful person can atone for another person's sins; but only a sinless person can do it. The subjective assumption of the punishment of God in the New Testament seemingly under stresses the fact that there is room for clemency or forgiveness. However, if we look at both the Old and the New Testaments, God's justice and His forgiveness would seem two contradicting aspects of His person. In other words, it is quite inconceivable that God's justice and forgiveness can be reconciled or can exist hand in hand. This was depicted in the Old Testament where people saw the justice of God every time they fell into sin and were punished severely for it even at the very act of performing the blood sacrifice to appease God's anger. Part of God's creation, which, although perfect at one time, was yet disposed to be developed by man, for Adam was to care and till the garden. Here, too, the man Adam was to commence his own spiritual development which is why God endowed him with a free will. This unique position as the federal head, however, made it possible for Adam to make his preference. One choice to reach spiritual maturity was to train or develop his spirit through the exercise of obedience to the word of God, while his other choice was to lead man to reach spiritual maturity through the knowledge of good and evil. Adam would have still developed his spirit by recognizing the fact that all that is opposed to the will of God is an evil to be avoided and through voluntary resistance to such evil, to the full spiritual development or a godlike knowledge of good and evil. But by his eating of the forbidden fruit, Adam had to learn the difference between good and evil from his own guilty experience.