Thursday, April 30, 2020

Strategic Management and Walmart free essay sample

Founded by Sam Walton in 1962, Walmart has grown tremendously, enabling it to become one of the largest companies in the world. With more than 8,416 stores in 15 countries, close to $401 billion in sales and over 2. 1 million employees; it is clear that has been extremely successful at expanding its operations and expansion plans for over 300 new stores in the U. S and approximately 150 international stores in pre-existing markets (Walmart, 2010). Despite this success, Walmart must take into consideration increasing competition. As the domestic market reaches saturation, the main issue facing Walmart is how to sustain its extraordinary growth. To ensure that it maintain its growth at a rate equal to or better that its sales, it will have to implement a strategic plan that address internal and external opportunities and threats. Lastly, I will perform a SWOT analysis of the company’s strengths and weaknesses opportunities and threats. History: Walmart is a general merchandise discount retailer, which was incorporated in 1962. We will write a custom essay sample on Strategic Management and Walmart or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Walmart’s history is based on Sam Walton, who changed the way retail business is conducted. Sam Walton first entered retailing when he was a management trainee at J. C. Penny Co. in 1940 in Des Moines, Iowa (Walmart, 2010). After serving in the Army in World War II, Walton acquired a Ben Franklin variety store franchise with his brother James Walton in Newport Arkansas, until they lost the lease to the store in 1950. By 1962, the first Walmart Discount City was opened in Rogers Arkansas. Limited pricing, low gross margins, and high inventory turnover characterized these stores (Walmart, 2010). Walton’s focus in 1976 changed on to the emerging Walmart stores and he came to the realization that successful discount retailing did not just involve getting the best price from suppliers, but also meant passing those savings onto customers. In 1978, the first distribution center was built, followed by the first Wal-Mart Supercenter in 1983 and a Sam’s Club in 1988 (Walmart, 2010). Strategic Planning: A vision statement presents the firm’s strategic intent that focuses their energy and resources of the company on achieving a desirable future. However, in practice, the mission and vision statements are frequently combined into a single statement. When they are separated, the vision statement is often a single sentence, designed to be memorable (Pearce, Robinson, 2009). Walmart does not have an official mission statement on their web page, but they do have a section that is titled about us. Saving people money to help them live better was the goal that Sam Walton envisioned when he opened the doors to the first Walmart more than 40 years ago. Today, this mission is more important than ever to our customers and members around the world. We work hard every day in all our markets to deliver on this promise. We operate with the same level of integrity and respect that Mr. Sam put in place. It is because of these values and culture that Walmart continues to make a difference in the lives of our customers, members and associates. Saving people money to help them live better was the goal that Sam Walton envisioned when he opened the doors to the first Walmart more than 40 years ago. Today, this mission is more important than ever to our customers and members around the world. We work hard every day in all our markets to deliver on this promise. We operate with the same level of integrity and respect that Mr. Sam put in place. It is because of these values and culture that Walmart continues to make a difference in the lives of our customers, members and associates (Walmart, 2010). Walmart has always been about low prices and saving the customer money every since Sam Walton started Walmart. Most companies have mission statements and like Pearce and Robinson (2009) state: â€Å"The company’s mission describes the company’s product, market, and technological areas of emphasis in a way that reflects the values and priorities of strategic decision makers†. Everything you read on their web page is all about low prices and customer satisfaction. A key element in Walmart’s long term objectives instilled by Sam Walton back when he started Walmart and still true to this date with Michael Duke CEO and President of Walmart Inc. Internal Analysis: A scan of the internal and external environment is an important part of the strategic planning process. Environment factors internal to Walmart are classified as strengths (S) or weaknesses (W), and the factors external are classified as opportunities (O) or threats (T), otherwise known as a SWOT analysis (Pearce, Robinson, 2009). The SWOT analysis provides information that is helpful in matching the company’s resources and capabilities to the competitive environment in which it operates. Walmart’s SWOT analysis is below. Strengths: 1. Buying power 2. Reputation for keeping prices low. 3. Wide geographic distribution coverage and effectively use of logistic management techniques. 4. Walmart production skills result in reliable yet affordable Walmart brand products. 5. Combining retail shopping with groceries and a pharmacy and a optometry all in the same store. 6. Wal-Mart has grown substantially over recent years, and has experienced global expansion. . A focused strategy is in place for human resource management and development. â€Å" People are key to Wal-Marts business and it invests time and money in training people, and retaining a developing them†. (Stewart Brown, 2009) 8. Customer service. Under the ten-foot rule, any member of staff within ten feet of a customer must offer them assistance (Walmart, 2010). 9. Its labor relations are exceptional. Workers are not plain employees but associates, eligible for a share of the profits and stock options in the company (Walmart, 2010). Weakness: 1. No formal mission statement 2. Anti-union 3. Weak reputation due to various unethical problems such as unfair benefit retirement, health care, insurance policy, underage labor, illegal immigrants, discrimination, glass ceiling, etc. (Kummer, 2005) 4. Unsatisfied employees due to lower salary (Kummer, 2005). 5. Decline in sales growth, higher turnover rate. (Pearce Robinson, 2010) 6. Reputation for being a â€Å"bully†. For example: putting smaller business out of business and treating supplier with dropping their product if they don’t get what they want.

Saturday, March 21, 2020

About Vipers, Family Viperidae

About Vipers, Family Viperidae Vipers (Viperidae) are a group of snakes known for their long fangs and venomous bite. Vipers include true vipers, bush vipers, rattlesnakes, pit vipers, adders and night adders. Venomous Fangs The fangs of vipers are long and hollow and enable the snake to inject venom into animals that it bites. Venom is produced by and stored in glands located at the back of the snakes upper jaw. When the snakes mouth is closed, the fangs recede into a thin membrane and fold against the roof of the snakes mouth. When a viper bites its victim, the bones of the jaw rotate and flex so that the mouth opens at a wide gape angle and the fangs unfold at the last moment. When the snake bites down, muscles that encase the venom glands contract, squeezing venom out through ducts in the fangs and into their prey. Types of Venom Several different types of venom are produced by the various species of vipers. Proteases consist of enzymes that break down proteins. These enzymes cause a variety of effects in bite victims including pain, swelling, bleeding, necrosis, and disruption of the clotting system. Elapid venoms contain neurotoxins. These substances disable prey by disabling muscle control and causing paralysis. Proteolytic venoms contain neurotoxins to immobilize prey as well as enzymes that break down molecules in the victims body. Head Shape Vipers have a triangular-shaped head. This shape accommodates the venom glands at the back of the jaw. Most vipers are slender to stout-bodied snakes with a short tail. Most species have eyes with elliptical pupils that can open wide or close down very narrowly. This enables the snakes to see in a wide range of light conditions. Some vipers have keeled scales- scales with a ridge in their center- while others have smooth scales. 26 Types There are currently about 26 species of vipers that are considered vulnerable, endangered or critically endangered. Some of the rarest vipers include the golden lancehead and the Mt. Bulgar viper. Like most snakes, vipers appear not to care for young after hatching. Most species of vipers give birth to live young but there are a few species that lay eggs. Vipers occur in terrestrial habitats throughout North, Central and South America as well as in Africa, Europe, and Asia. There are no vipers native to Madagascar or Australia. They prefer terrestrial and arboreal habitats. The range of vipers extends further north and further south than any other group of snakes. Vipers feed on a variety of small animal prey including small mammals and birds. Classification Vipers belong to the snake family. Snakes are among the most recently evolved of the main reptile lineages alive today. Their evolutionary history remains somewhat murky, though- their delicate skeletons do not preserve well and as a result, few fossil remains of ancient snakes have been recovered. The earliest known snake is Lapparentophis defense which is estimated to have lived about 130 million years ago, during the early Cretaceous. The viper family includes about 265 species. Vipers are classified into one of four groups: Azemiopinae: Feas viperCausinae: night addersCrotalinae: pit vipersViperinae: true vipers The Viperinae, also known as the Old World vipers, are short and stocky snakes. They have a wide, triangular head and rough, keeled scales. Their coloration is dull or cryptic providing them with good camouflage. Most members of this group give birth to live young. Pit vipers are distinct from other vipers due to a pair of heat-sensitive pits located on either side their face between the eyes and nostrils. Pit vipers include the worlds largest viper, the bushmaster, a snake native to Central and South American rainforests. The bushmaster can grow as long as 10 feet. Of all vipers, the rattlesnakes are among the most easily recognized. Rattlesnakes have a rattle-like structure at the end of their tail formed out of old layers of the terminal scale that do not fall off when the snake molts. When shaken, the rattle serves as a warning signal to other animals.

Wednesday, March 4, 2020

Sally Hemings Her Relationship With Thomas Jefferson

Sally Hemings Her Relationship With Thomas Jefferson An important note on terms: the term mistress refers to a woman who lived with and was sexually involved with a married man. It does not always imply that the woman did so voluntarily or was completely free to make the choice; women through the ages have been pressured or forced into being mistresses of powerful men. If it was true and examine the evidence outlined below that Sally Hemings had children by Thomas Jefferson, it is also undoubtedly true that she was enslaved by Jefferson (for all but a brief time in France) and that she had no legal ability to choose whether or not to have a sexual relationship with him. Thus, the often-used meaning of mistress in which the woman chooses to have a relationship with a married man would not apply. In the Richmond Recorder in 1802, James Thomson Callendar first began to publicly allege that Thomas Jefferson kept one of his slaves as his concubine and fathered children with her. The name of SALLY will walk down to posterity alongside Mr. Jeffersons own name, Callendar wrote in one of his articles on the scandal. Who Was Sally Hemings? What is known of Sally Hemings? She was a slave owned by Thomas Jefferson, inherited through his wife Martha Wayles Skelton Jefferson (October 19/30, 1748 - September 6, 1782) when her father died. Sallys mother Betsy or Betty was said to be the daughter of a black slave woman and a white ship captain; Betsys children were said to have been fathered by her owner, John Wayles, making Sally a half-sister of Jeffersons wife. From 1784, Sally apparently served as a maid and companion of Mary Jefferson, Jeffersons youngest daughter. In 1787, Jefferson, serving the new United States government as a diplomat in Paris, sent for his younger daughter to join him, and Sally was sent with Mary. After a brief stop in London to stay with John and Abigail Adams, Sally and Mary arrived in Paris. Why Do People Think Sally Hemings Was Jefferson's Mistress? Whether Sally (and Mary) lived at the Jefferson apartments or the convent school is uncertain. What is fairly certain is that Sally took French lessons and may also have trained as a laundress. What is certain is that in France, Sally was free according to French law. What is alleged, and not known except by implication, is that Thomas Jefferson and Sally Hemings began an intimate relationship in Paris, Sally returning to the United States pregnant, Jefferson promising to free any of her (their) children when they reached the age of 21. What little evidence there is of a child born to Sally after her return from France is mixed: some sources say the child died quite young (the Hemings family tradition). What is more certain is that Sally had six other children. Their birth dates are recorded in Jeffersons Farm Book or in letters he wrote. DNA tests in 1998, and a careful rendering of the birth dates and Jeffersons well-documented travels puts Jefferson at Monticello during a conception window for each of the children born to Sally. The very light skin and the resemblance of several of Sallys children to Thomas Jefferson were remarked upon by a good number of those who were present at Monticello. Other possible fathers were either eliminated by the 1998 DNA tests on male-line descendants (the Carr brothers) or dismissed because of internal inconsistencies in the evidence. For example, an overseer reported seeing a man (not Jefferson) coming from Sallys room regularly but the overseer did not start working at Monticello until five years after the time of those visits. Sally served, probably, as a chambermaid at Monticello, also doing light sewing. The affair was revealed publicly by James Callender after Jefferson refused him a job. There is no reason to believe she left Monticello until after Jeffersons death when she went to live with her son Eston. When Eston moved away, she spent her last two years living on her own. There is some evidence that he asked his daughter, Martha, to give Sally her time, an informal way to free a slave in Virginia which would prevent the imposition of the 1805 Virginia law requiring freed slaves to move out of the state. Sally Hemings is recorded in the 1833 census as a free woman. Bibliography Sally Hemings: Redefining History. A video from AE/Biography: Here is the complete story of the woman at the center of the first presidential sex scandal. (DVD or VHS)Jeffersons Secrets: Death and Desire in Monticello.  Andrew Burstein, 2005.  (compare prices)Thomas Jefferson and Sally Hemings: An American Controversy: Annette Gordon-Reed and Midori Takagi, reprint 1998.  (compare prices)Sally Hemings and Thomas Jefferson: History, Memory, and Civic Culture: Jan Lewis, Peter S. Onuf, and Jane E. Lewis, editors, 1999.  (compare prices)Thomas Jefferson: An Intimate History: Fawn M. Brodie, trade paperback, reprint 1998.A President in the Family: Thomas Jefferson, Sally Hemings, and Thomas Woodson: Byron W. Woodson, 2001.(compare prices)Sally Hemings: An American Scandal: The Struggle to Tell the Controversial True Story.  Tina Andrews, 2002.Anatomy of a Scandal: Thomas Jefferson and the Sally Story.  Ã‚  Rebecca L. McMurry, 2002.The Jefferson-Hemings Myth: An American Trave sty.  Ã‚  The Thomas Jefferson Heritage Society, Eyler Robert Coates Sr., 2001 The Jefferson Scandals: A Rebuttal.  Ã‚  Virginus Dabs, Reprint, 1991.Jeffersons Children: The Story of an American Family.  Shannon Lanier, Jane Feldman, 2000.   For young adults.Sally Hemings: Barbara Chase-Riboud, reprint 2000. Historical fiction.

Monday, February 17, 2020

IS AN ABORTION EVER JUSTIFIABLE Essay Example | Topics and Well Written Essays - 250 words

IS AN ABORTION EVER JUSTIFIABLE - Essay Example According to medical experts, in many critical cases of pregnancy, abortion is necessary for saving the life of mother. Various medical complications like, heart failure, infections, very high blood pressure, and cases of preeclampsia lead to the only option of abortion to save the life of mother (Painter). Besides, in the critical situations, where women is raped, or mother is incapable to raise the child, or fetus is diagnosed with abnormal development and unlikely to survive, abortion is always justifiable. Various studies have proved that when the right for abortion is denied and women are forced to carry the pregnancy against their will, it has led to drastic negative impacts on both, child and mother (Newitz). Children born from unintended pregnancy often suffer from physical and physiological abuse and social neglect. It has also found that such children are more prone to crimes, aggrieves nature, depression, suicidal behavior, substance abuse, and various addictions, creating violent and unstable society (Hardin; Hoffman and Maynard 321-370). Each woman has right to freedom and to choose whether she wants to bear a child or not. Denial of right to freedom is violation of human rights and morally unacceptable (â€Å"Ethics Statement†). If a child is not guaranteed healthy environment, basic needs, and essential affection and care, abortion is morally justifiable to prevent him from sufferings of physiological disorders, physical abuse, poverty, addiction and getting expose to violence and crimes. Despite a lot of criticism and oppose of anti-abortionists, one can’t deny a fact that abortion is justifiable in various medical cases. It is also acceptable in cases where mother is not ready to carry the pregnancy, in rape cases, and in cases where child is likely suffer from physical or mental disability and mother is not willing to carry the

Monday, February 3, 2020

Health Economics Essay Example | Topics and Well Written Essays - 500 words - 2

Health Economics - Essay Example However, as an industrial segment, this submarket appears to be shrinking the countries like the United States. Hence, increased competition appears to be the major problem of this submarket. Even some professional websites such as CompleteLongTermCare.com (2012) do not consider the present situation has arisen due to increased competition. Rather, shrinking submarket is giving way to malpractices. According to Yahoo! Inc. (2012), the long term care facilities have a composite value of 1148.9 as of 7th November, 2012. On this specific day, the amount of change was -0.26%, which means that the submarket is shrinking. If the data of past few years are analyzed, then we find that this submarket is shrinking since the global economic recession. Reduction of service costs coupled with deterioration of service quality is a prominent problem given that in absence of competent healthcare services, public are suffering from chronic shortcomings to the system as a whole. â€Å"There are nursing homes that are surprisingly cheaper than the others. They even offer great deals and promos which can sound too good to be true. No matter how good their deals may be, always remember that they are cheap for a reason. Some nursing homes cost less because they offer less.† (CompleteLongTermCare.com, 2012) Furthermore, a recent study by the US Department of Health and Human Services (n.d.) indicates that at least 10% of the patients (who get admitted to a nursing home annually) are possibly going to stay there for at least the next five years and more. Like Europe, America may also be soon suffering from the problem of a vast population of senior citizens and old age groups. Strangely enough, although demands for TLC are thus poised to increase, quality of services are being preponderantly compromised (Saltman et al, 2006) The proposals enumerated above will

Sunday, January 26, 2020

International Law and International Organization

International Law and International Organization Introduction Generally public international law primarily is the laws of states, in all its forms. This includes the many international dealings of states with each other. The purview of international law includes the institutions which operate under its broad coverage.[1] International law is presupposed on the concept of equality of states, which are subject to international laws, subject to their recognition of any rule of law as binding upon them, with the same principle applying to the courts. Hence for the system of international law to be further recognizable, there comes the need for international organizations or institutions. Thus, if there is no identifiable institution either to establish rules, or to clarify them or see that those who break them are punished, how what can is called international law be law.[2] The role of force in international law has been largely misinterpreted to favor powerful states, hence the equality of states in international law, but without a unified system of sanction in international law, the use of indiscriminate force by nation-states would be almost inevitable.[3] The inability of the structure of international law to properly deter any aggressor country would continually breed new levels of aggression amongst states, hence the need for international organization.[4] History of Relationship between International Law and International Organization. International law has been developing steadily since the Second World War, and forces have been consistently playing a critical role in the international scene, as this include international organizations. As the complexities of life has multiplied so has the response of international law. International organizations are product of the ingenuity of corporate international to spread its globalization and promote international law. Meanwhile, among many international organizations, the United Nations facilitates international diplomacy, the World Health Organization coordinates international public health and protection, and the International Labor Organization monitors and fosters workers rights around the world.[5] Historically, international law addressed only relations between states, and war was the major reason for international diplomacy between countries, but today international organization have a major part to play in the executing of international goals. Treaties are the foundation for the establishment for international organization, and usually the establishment treaty or agreement is what determines the limit and extent of the powers of the organization. International organizations have a limited degree of international personality, especially vis-à  -vis member States. They can enter into international agreements and their representatives have certain privileges and immunities. The United Nations gets its power from the charter of the United Nations 1945, and in the dispensing of its functions it is divided into different arms. History of international organization in world politics today The idea of nations-states having and establishing bodies to secure its interest in another country or promote a certain cause around the world is not new to international legal system. Without going back into medieval Europe where countries had consuls which represented the interest of their mother nation. The private International associations sprang from the realization by non-governmental bodies, whether private individuals or corporate associations, that their interests had an international character which demanded the furtherance of those interests via a permanent international association with like bodies in other countries. In those fields where co-operation between governments became imperative, there developed the public international unions; these were, in fact, an essay into international organization in the administrative sphere. There developed a gradual transition from the private corporate unions to international organization.[6] Thus, in 1840, the world Anti-Slavery Convention was established, and in 1863 a Swiss philanthropist, Henry Dunant, Created the Red Cross.[7] Modern international organizations The need for increased international participations and cooperation fostered the need to developed more stable organizations to checkmate the politics of the nation-states hence acting independent of the states i.e. subject only to the agreement creating them. The powerful nature of states and sovereignty of these states led to the private international charter companies becoming an extension of their home countries, hence a need to bring more independent organization. In 1903 the International Office of Public Health was created, and in the field of economics the establishment of the Metric Union (1875), the International Copyright Union (1886), the International Sugar Union (1902) and the International Institute for Agriculture (1905) may be mentioned as early forerunners of present-day international organization. A major breakthrough for modern international organization was in the year 1919 and the Versailles peace Settlement which followed the First World War, American president advocated for a general association of nations.[8] The League of Nations was the first international organization which was designed just to organization operation between states as a result of the war, its specific aims was to guarantee peace and the establishment of a system of collective security, following which an attack against one of the member-states of the League would give the rest the right to come to the attacked states rescue, but sadly the league of nations failed in preventing war, which was its major objective. In 1945, the United Nations was established as a successor to the League of Nations. Since the creation of the UN, much of international law and diplomacy has been developed, shaped, implemented, and enforced through U.N. bodies and related international organizations. International organizations both make international law and are governed by it.[9] Functions and Structures of International Law and Organizations In an attempt to discuss the structure of international law and international organizations, to highlight the sources of international law and its enforcement mechanisms. It is of general knowledge that the main function of international law is to promote peace and cooperation among nations-states, any other function would be specific to an arm or organization operating in the international sphere. A vast network of international laws and dozens of international organizations make globalization possible, the scope and authority of international law have thus expanded dramatically during the era of globalization. Historically, international law addressed only relations between states, but globalization has changed international law in numerous ways. For example, as globalization has accelerated, international law has become a vehicle for states to cooperate regarding new areas of international relations (such as the environment and human rights).[10] Because of the need for enhanced international cooperation, age hold topics of sovereignty are becoming malleable.[11] The structure of international law involves, Public International Law (The relationship between sovereign states and international entities such as International Criminal Court and international criminal courts), Private international law, this involves jurisdictional conflict in resolving transnational issues. Since there is no parliament to make international law the way domestic Legislatures create laws for one country, the major source of international is treaties between states, also the customary state practice, general principles of law common to many countries, domestic judicial decisions, and the legal scholarship.[12] Enforcement of International Law and Structure of Organisation Within International Law In an international system where there is no overarching authoritative enforcer, punishment for non-compliance with the rules of public international law rules, hence the deriding insinuations that it is not law. Some of the enforcement mechanism in the international legal system include Reciprocity is a type of enforcement by which states are assured that if they offend another state, where the other state is primed to respond in the same measure. There is mutuality of response, as was witnessed in the cold war, between geopolitical powers of the era. The fear of reprisal or reciprocal action act as a form of deterrence, to prevent a state from committing acts against another state which it may not itself be able to withstand. The killing of prisoners of war or the imposition of heavy tariffs on products from a certain country to limit the imports. Guarantees of reciprocal reactions encourage states to think twice about which of their actions they would like imposed upon them. Collective action: several states act together against one state to produce what is usually a punitive result, in a bid to force such state from refraining from an act or from continuing with an action. Example is the commonwealth sanction of South Africa during the apartheid regime. Similarly, the United Nations imposed joint economic sanctions, such as restrictions on trade, on South Africa in the 1980s to force that country to end the practice of racial segregation known as apartheid. Name and shame:[13]Most states dislike negative publicity and will actively try to avoid it, so the threat of shaming a state with public statements regarding their offending behavior is often an effective enforcement mechanism. This method is particularly effective in the field of human rights where states, not wanting to intervene directly into the domestic affairs of another state, may use media attention to highlight violations of international law. In turn, negative public attention may serve as a catalyst o having an international organization address the issue; it may align international grassroots movements on an issue; or it may give a state the political will needed from its populace to authorize further action. A recent example of this strategic tactic was seen in May 2010, when the U.N. named the groups most persistently associated with using child soldiers in Asia, Africa, and Latin America[14] However since international organizations are established under international law, law serves two important purposes in relation to international organizations. On the one hand international organizations rely upon law and legal technique as the primary means of their protection[15]. On the other hand one of the major claims to legitimacy of international organizations is their rational-legal foundation. It is therefore important to provide a legally coherent account of the relations between international organizations and national legal systems, particularly where the rights of individuals are concerned.[16] The constituent instrument establishing the organization will set out the functions and goals of the organization and the structures and powers through which these are to be achieved. In particular international organizations are usually endowed with organs of their own, including an assembly or council, at which the membership is represented in plenary, to determine the direction and policy of the organization, and a permanent staff employed by the organisation which will at very least service the representative organ, but also will often carry out the policies of the organization or assist, supervise or coordinate their execution by others. Some organizations, or course, have more sophisticated organic structures requiring more clearly defined separation of powers. Political and Economic Interdependency Within The Organisation and The States International organizations, otherwise known as intergovernmental organizations, or IGOs, are formed between two or more state governments. Some IGOs operate by making decisions on the basis of one vote for each member-state, some make decisions on a consensus or unanimity basis, while still others have weighted voting structures based on security interests or monetary donations. In the General Assembly of UN, each state has one vote, while in the Security Council, five states are permanent members and have a veto over any action. The World Bank arranges its voting according to the Member States shareholding status, which is roughly based on the size of the states economy. This is often thought of as the one dollar = one vote approach to representation. There are nearly 2,000 international organizations that deal with a wide variety of topics requiring international cooperation, such as the International Civil Aviation Organization, the Universal Postal Union, the International Organ ization for Standardization, and the International Organization for Migration (United Nations, 2003). The relationship of an organisation to its member States is complex and multi ­faceted, On the one hand the organisation is the servant of the member States, in that the member States as a collectivity establish the organisation, fund it and determine its direction and policy.[17] However once the organisation is established individual members owe numerous duties to the collectivity, including not only the specific duties contained in the constituent instrument such as to contribute to the funding of the organisation, but also duties of good faith and cooperation[18] It follows that where the membership has collectively empowered an organisation to act, each member States must respect the rights of an organisation to act accordingly, and must eschew any interference which would amount to an undue unilateral attempt to modify the collective will. The United Nations Charter 1945 Article 100 provides: In the performance of their duties the Secretary General and the staff shall not seek or receive instructions from any Government or from any other authority external to the Organisation. They shall refrain from action which might reflect upon their position as international officials responsible only to the Organisation. The implication of the above is that the United Nations in the charter was trying to forged an isolated relationship and freedom from interference from states and hence the United Nations is not an extension of any country and the principle of equality of states is enshrined in Articles 2 of the charter 1945, and this was departure from the position under the league of nations where governments were responsible for their national in the league civil service, hence one of the many factors that contributed to the failure of the league of nation was the inability to secure freedom from the nation states. Article 105(2) of the charter provides for independence and immunities to necessarily exercise independent functions. A key feature of the united nation which highlights the interdependence between the organization and the states is the Charter also provides that, in the territory of each of its members, the Organisation shall have such legal capacity as may be necessary for the exercise of its functions and the fulfilment of its purposes (Art. 104). This has been interpreted to confer on the United Nations organisation legal personality subject to the laws of the nation states, i.e. to enable it to contract, hold and dispose of property and to be party to legal proceedings.[19] In the reparations case that the Organisation had the capacity to bring an international claim against both a government (de jure or de facto) of a Member State and of a non-Member State, responsible for injuries to an agent of the Organisation in the performance of his duties, with a view to obtaining reparation in respect of damage caused to the Organisation[20] Finally the interdependence of the UN, for its enforcing of international obligations on members states is the bane on the organisation. In the quest not to create a super state superior to all states which a members of it are. The fear by the states was not surrender their sovereignty to the UN, and hence the UN is more of a cajoling organisation. Until the UN, can enforce international obligations without the help of the strong state, the UN may not be said to be fairly balanced to handle international aggression. International Law and the Need for Multilateral Intervention State sovereignty is the concept that states are in complete and exclusive control of all the people and property within their territory. State sovereignty also includes the idea that all states are equal as states, since all states are equal in this sense, one State does not have the right to interfere with the internal affairs of another state. Practically, sovereignty means that one state cannot demand that another state take any particular internal action. Under the concept of state sovereignty, no state has the authority to tell another state how to control its internal affairs. Sovereignty both grants and limits power: it gives states complete control over their own territory while restricting the influence that states have on one another. Globalization is changing this view of sovereignty Similarly, states no longer view the treatment of citizens of one state as only the exclusive concern of that state. International human rights law is based on the idea that the entire global community is responsible for the rights of every individuals.[21] Multilateral intervention by a 3rd party state maybe views as any form of external force which attempt to limit the external sovereignty of a state. This may be the imposition of sanctions by the UN, acting as a front for the powerful member states to secure their own national interest. Otherwise multilateral intervention may be the intervention of a state in another to protect the former national interest through war. The law of armed conflict (also called the law of war) can be divided into two categories. The first concerns the legitimate reasons for starting a war, known by its Latin terminology, jus ad bellum (Right to Wage War). The laws during war, jus in bello (Justice in War), are also called international humanitarian law. Article 2(4) UN Charter All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.(United Nations, 1945). Some regard this as the prohibition of the use of force outside of UN-approved actions. On the other hand, others consider this clause only non-binding rhetoric, especially considering the history of armed conflict since the UNs birth in 1945. In my opinion the UN Charter and CIL do recognize that a state is entitled to use force without international approval when it is acting in self-defense. However, the events that trigger this right to self-defense are subject to debate. Most international lawyers agree that self-defense actions must be immediately necessary and proportional to the attack the state is trying to repel. Russian aggression against Georgia in 2005. The applicability of Art. 2.4 In this era of terrorism and weapons of mass destruction, some contend that legal self-defense also extends to pre-emptive attacks to prevent the development of a military threat. Geneva Conventions of 1949 (ICRC,1949 Some of the most important principles of jus in bello are that there must be a valid military purpose to every attack (military necessity), that attackers must try to avoid killing non-combatants (the principle of distinction between military and non-military targets), and that if non-combatants are killed, their deaths must be in proportion to the military necessity of the attack (proportionality). Once armed conflict has begun, international humanitarian laws begin to apply.[22] New directions in international law and organization interdependency This is the new world order, to create a more central world, as certain challenges are global in nature and there may be need to act swiftly irrespective of territorial sovereignty. International Human Rights Law International human rights law is different from most areas of international law because, rather than governing relations between states, human rights law governs a states relations with its own citizens. The modern human rights law movement has its roots in the post-WWII trials of Nazi leaders at Nuremburg. The world community recognized that the mass atrocities committed during WWII were too serious to be handled under domestic laws because the crimes committed were crimes against all of humanity. Subsequently, the creators of the UN recognized the reaffirmation of fundamental human rights as one of its most important purposes, and in the first year of its existence, set out to ensure that goal. The first step took place when The Human Rights Commission-at the time the lead UN body of human rightsproduced the International Bill of Human Rights, which is composed of the Universal Declaration of Human Rights and two binding treaties, the International Convention on Civil and Politica l Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). On March 15, 2006, recognizing the need to update its human rights organizations, the General Assembly of the UN created the Human Rights Council. The Human Rights Council was created with the specific intention to address the heavy criticism that The Human Rights Commission had received for allowing far too many states with poor human rights records into the delegation (BBC, 2006). This new body is responsible for further strengthening and promoting human rights around the world. One of the Councils many tools for protecting human rights is the innovative Universal Periodic Review, which allows for the examination of the status of human rights within all member states. Less than two weeks after the formation of the Human Rights Council, on March 27, 2006, the Commission on Human Rights met for its sixty-second and final session A sophisticated system of agreements and monitoring organizations exists to promote respect for the rights enshrined in these documents, both on international and regional levels, as with the European Convention on Human Rights and its Court of Human Rights, and the American Declaration and American Convention on Human Rights and their Inter-American Commission and Inter-American Court on Human Rights International Environmental Law Environmental law revolves around a core theory that the earth has limited resources that must be jointly enjoyed and cared for, regardless of their physical presence in the territory of one state as opposed to another. Environmental law attempts to bring states into agreement on issues such as desertification, sustainable development, biodiversity, endangered species, hazardous materials, climate change, and trans-boundary pollution, all of which have been the subject of major international treaties, such as the United Nations Convention on Biological Diversity (CBD), the United Nations Convention to Combat Desertification, and the Convention on International Trade in Endangered Species. Conclusion As noted earlier, there are nearly 2,000 international organizations that deal with a wide variety of topics requiring international cooperation, including diplomacy, trade, aviation, migration, development, and many, many others. As with international law in general, these organizations are crucial to managing globalization, but are controversial because of their impact on state sovereignty. The United Nations is a complex network of organizations. Just as any government may be divided into branches, such as the judiciary, legislative, and executive, the UN also has various bodies with different functions. The overarching framework of the United Nations incorporates five principal organs, but a vast array of underlying specialized agencies, programs, funds, and related organizations maintain ties with the UN while operating under differing levels of independence. Article 24 of the UN Charter confers upon the Security Council the primary responsibility for the maintenance of international peace and security. As such, the Security Council is the only UN body that can pass resolution that the member states are legally committed to obey. The Security Council is also the only part of the UN that can authorize the use of force and there by physically enforce its resolutions, hence it is the arm twister of the organisation. The Security Council has 15 members, including five permanent members, China, France, Russia, the U.K., and the U.S., and ten non-permanent members selected on a regional basis by the GA. The five permanent members have the authority to veto any substantive issue. The Security Council can meet at any time and has previously established peacekeeping operations, international tribunals, and sanctions [1] J. Bentham, Introduction to the Principles of Morals and Legislation, London, 1780. [2] H. L. A .Hart, The Concept of Law, Oxford, 1961. [3] L. Henkin, International Law: Politics and Values, Dordrecht, 1995 [4] Security Council resolution 221 (1966). Note also Security Council resolution 418 (1977) imposing a mandatory arms embargo on South Africa but couldnt deter the continuation of the Rhodesia killings, and even after the aggression by south Africa, there was insufficient response by the international law structure. [5] A. Nussbaum, A Concise History of the Law of Nations, revised edition, New York, 1954 [6] Rhine Commission, in order to deal with issues of navigation, or issues of pollution, on a regular basis. Following the establishment of the Rhine Commission in 1915, a number of other river commissions were established -managing the Elbe (1821), the Douro (1835) the Po (1849) and, after the end of the Crimean War, the European Commission for the Danube in 1856 [7] C. Cheshire and P. North, Private International Law, 13th edn, London, 1999. [8] L. Henkin, International Law: Politics and Values, Dordrecht, 1995 [9] Fr. Robert J. Araujo, S.J., Implementation of the ICJ Advisory Opinion Legal Consequences of a Wall in the Occupied Palestinian Territory: Fences [Do Not]Make Good Neighbors?, 22 B.U. Intl L.J. 349 (2004 [10] Newman and Weisbrodt ,International Human Rights(1st ed. 1994), pp.182-213, 13-19, 91-97, 130-141 [11] United Nations. (1969, May). Vienna Convention on the Law of Treaties, Vienna. Retrieved from: http://untreaty.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf [12] Dinstein, Y. (2004). The conduct of hostilities under law of international armed conflict. Cambridge: Cambridge University Press [13] United Nations. (2010, May 21). UN identifies most persistent users of child soldiers in armed conflicts. Retrieved from: http://www.un.org/apps/news/story.asp?NewsID=34778Cr=coomaraswamyCr1 [14] Greenhill, S. (2011, October 29). Gaddafis killers will be puton trial over mob execution, vow Libyas new rulers. Daily MailRetrieved from: http://www.dailymail.co.uk/news/article-2054344/Gaddafi-dead-Mob-killers-trial-vow-Libyas-new-rulers.html [15] Bekker, The Legal Position of Intergovernmental Organizations. A functional necessity analysis of their Legal Status and Immunities (Kulwer, The Hague, 1994) pp.39- 42 [16] Reinisch International Organizations before National Courts(CUP, Cambridge,2000) at pp.5-10; [17] Nicholas Rostow, Before and After: The Changed UN Response to Terrorism Since September 11th.35 Cornell Intl L.J. 475 [18] ICJ Advisory Opinion on the Interpretation of the Agreement of 25 March1951 between the WHO and Egypt -1980 ICJ Rep. 73 esp. pp.94-96

Saturday, January 18, 2020

Ordinary People

Ordinary people 1. What is dialectic? Dialectic is like treat people with  borderline personality disorder. It explains relational life as full of pus-pull tensions resulting from the desire for polar opposites. Autonomy and Connection It desire to be independent or dependence while simultaneously wanting to feel connection with the partner EX: Beth and Calvin have the connection dialectic when they decide to go on a vacation together. Conrad has autonomy dialectic after he argued with his mom down stair and went to his room, he want to be alone.Novelty and Predictability They manifest in our simultaneous desires for excitement or stability in our relationship,—- Novelty is excitement, new. Predictability is stable, same routine. EX: in the film, Conrad has Novelty dialectic when he met his friend, Jen. The mother, Beth, has Predictability dialectic because she always keeps thinking about Buck’s dead was not happened; she always thought nothing was happened. Public an d Private It is the tension between how much of a friendship is demonstrated in public and private.EX: in the movie, when Conrad when to the restaurant with Jen, he has the public dialectic, he is openness at the beginning at the restaurant. But when Jeannie’s friends came in the restaurant, Conrad changed his dialectic into Private and does not like to talk at all. 2. System theory Wholeness: a principle that states that we can not understand a system by simply picking it apart. An undivided or unbroken completeness or totality with nothing wanting Interdependence: dependence  between  two  or  more  people,  groups,  or  thingsEX: Conrad’s dependence between his parents, friends. Hierarchy: the organization of people at different ranks in an administrative body * In the film, it does not show any rank in the family, every one look like in the same rank. Boundaries or Openness: a line determining the limits of an area, creating a boundary around each s eparate system. EX: in the movie, Conrad tell Dr. Berger how he feel about his family and his sadness. Calibration or feedback: the process of system setting their parameters, checking on themselves and self-correcting. Conrad quit his swimming team because he can not handle his stress while swimming. Equifinality: the ability to achieve the same goals by variety of means. 3. Mark knapp’s model of relationship. a). Conrad and Jeannie Pratts’ relationship in the Initiating Stage, they notice each other when they just meet in school. They are also in Experimenting Stage, Conrad called her and want to date her, she accepted it. This mean they understand what they want. b) Ordinary People Family cooperation is one of the most important things that keep the family running smooth and keeping the family happy. In the novel Ordinary People written by Judith Guest, she showed that a family cannot function properly without communications and caring of each other. Lack of these things would usually results in family separation. In the novel’s case, it didn’t turn out to be a disaster but it turn out to be another happy thing for this family. At some point of the novel, the relationship between Beth and Calvin began to fall apart because of their different personalities. This situation happen after Conrad committed suicide. This problem seems to hinder Beth because she doesn’t want to be reminded of the incident and Calvin always wants to talk about this problem. Whenever Calvin asks Beth to talk about their problems, Beth always asks Calvin to forget about it. Beth is a person who always wants things turn out the way she wanted and if things doesn’t turn out the way she wanted she will get mad. On the other hand, Calvin is a person that tries to do his best for his kids because he doesn’t have a father when he was little and the most he could do is ask Conrad â€Å"how are your day? † Conrad is Beth and Calvin’s son. They had another son but he got killed accidently on a boat. Conrad thinks Beth hates him because he committed suicide. In the book, Beth and Conrad rarely talks and their mother and son relationship doesn’t seem to exist. When Conrad once tried to tell Beth about his swimming meets, Beth just slammed the door and this made Conrad feels sad. Conrad and Calvin’s relationship wasn’t in terms of son and father wasn’t that bad. At least Calvin cares about Conrad more than Beth does. I have a problem similar to Conrad where whenever I want to tell something to my parents, they listen but they don’t understand the things that I’m talking about then when I ask for their opinions they always say do whatever things that you think its right. The reason that I tell my parents something is because I don’t understand what do to and they seem to not care and want me to figure out my self. Then I ask my parents individually, I talked to my father first, he seems interested enough to listen to what I was talking about then when I was done and ask him for his opinion he started to tell me about his childhood and that he always have to make decisions on his own without anyone’s help. After that I talked to my mother, she is a careful person and she seems to know what do to on everything. I told her my problem and she listened carefully then when I was done talking and ask her for opinions, she gave me her opinions and advices to my problem. It seems to me that not everyone in the family will know what to do but there always will be at least one person that tries to help you like Calvin helps Conrad and my mother helps me. Communication is the key in family. When family communicate, they don’t hide things, they let people know what they feel and how someone could help them. It also makes the family closer. If people don’t communicate, they can’t get things over like Beth does.