Undertake a suitable critical environmental audit for a well known Essay - 2

Undertake a suitable critical environmental audit for a well known Western brand considering entering Saudi Arabia - Essay Example The macro environment refers to the factors in the nation within which the business seeks to operate. Henry (2008) states that macro environmental audit is mainly about the factors that affect entire population of the whole country within which the organisation operates. The main tool for this is PESTEL. Saudi Arabia is a monarchy ruled by a king. The current king, Abdullah bin Abdulaziz was enthroned in August 2005. Ever since he came into power, he has sought to make reforms to a nation that was mainly ran by the Royal family and the religious elite who ruled according to strict Islamic codes and systems (Ramady, 2010). There are reforms that are being made to enable people to take part in governance. Also, the reforms aim to cut down on government interference in the economy. However, due to the central and exemplary role that Saudi Arabia plays in the Arab and Muslim world, the reforms are being practiced at a very slow pace. Governance at all levels are controlled and affected by members of the Royal family (The House of Sauds) and their agents and representatives. Also, the religious elites are very powerful and they have a lot of say in the policies of the nation, which remains for strategic and international purposes, influenced mainly by Sharia. The Saudi economy is based on the export of crude oil. Saudi Arabia’s GDP stood at US$622.5 billion in 2010 (CIA World Factbook). The main authority in charge of the regulation of the financial sector is the Saudi Arabia Monetary Agency, which is the Central Bank. Taxes are collected by the Department of Zakat and Income Tax. Income tax is levied on non-Saudi individuals and entities. Saudi Arabian citizens and entities are normally exempt from taxation. Also, most non-Saudi individual salaries and employment benefits are tax-free (SaudiNet). It is only professional foreigners and foreign investment income that

Social Media for Business Essay Example for Free

Social Media for Business Essay Introduction. The area under discussion in the following assignment is to quantify the possibility of a deviation from accuracy in the fifty samples formed from a selection of data, following their questionnaire rejoinders. Questioning in which there is a relationship between the kinds of social media is and the type of business. Moreover, does this relationship exist for the reason that day by day more people use social media? (NielsenWire, 2010).This assignment’s first directional hypothesis, testing the first question is: The longer a company use the social media, the more improver’s its customer’s relation. This assignment’s second directional hypothesis, testing the second question is: The longer a company use social media, the helpful to raise companies’ profile. This assignment third hypothesis is: The more skilled companies’ employees are in using social media, the more customers attracts to the firm. Firstly this assignment will review the questionnaire follow by my personal critique. Secondly, present its ‘findings in a variety of tables and graphs followed by analyse and discussion relate on the literature review. This assignment will end with a personal suggestion for future research. Questionnaire. According to Sekaran and Bougie 2009, our data collecting method was questionnaire. A questionnaire is a pre-formulated question, in particular written set of questions to which the respondent records his/her answers. Students at Canterbury Christ Church University Worked under the guidance of Zoodikers Consulting Ltd were the general administered of the questionnaire research that had been considered for this assignment. In addition by choosing a questionnaire in the method of collecting data will increase the chance that more people will respond on our survey. Due to the fact that a ‘questionnaire’ can be complied in short period of time and that the exact questionnaire had been contain with close questions. In result, this questionnaire was not monotonous to its targets and it could achieve its aim of research. (Michaelidou, et al, 2011) For this assignment the questionnaires had been mail to the responders with a result of delayed he data analysis and some of them di dn’t return. In my personal opinion, the questionnaire is clear and easy to understand, particularly it include close questions at the beginning and slightly more complex questions later in order to be more clear and easy to the target group. Certain questions have nearly the same meaning such as, question seven with question nine, also the question ‘My company accepts and adapts to new technology’ displays two time on the questionnaire. Also if I were going to do this questioner again, I would situate more questions that can be specific on how the social media help companies raise their profits and also make specific questions on what social media platform companies use and for what main reason do they use each one. For example: Which social platform helps your company raise its relationships with customers, as feedback gathering. and which social media does your company use in advertising and promotion. As well as an issue arises in question three with the time that a company is using social media. Is been consider that is need more time to see the difference on using social media in many factors. It may be restored with longer time between the answers. Perhaps using: 6months, 12 months, 18 months, over than 24 months. In my personal view this information consider more useful. However, the questionnaire perform fair-minded part in not asking personal questions such as, responders name etc.(Fisher, 2010). It leads the respondent over the questionnaire and continues with general questions followed by more focused questions. According to the fact that our target was people who work in companies and by this I mean that people, who have general education level ensure that everyone could answer it easily. For the most part the frequently use of ‘strongly agree’ scale makes it relatively easy for there audience to select answers and become more comfortable with the questions format. An analysis and discussion of results. Primarily, you will note from the first pie chart below that approximately all companies are using social media platforms. In particular, over forty nine samples that filled in only one company do not use social media platform. Another research shows that firms use social media as a daily part of business (Carter, 2011). This authorise that social media proves to be very important for organisations (Shih, 2009), additionally evidence (e.g. Shih, 2009) recommend that social media is one of the most important tool on running a company. In the second pie chart you can see that manufacturing and transport companies do not use social media. According to manufacturing executive (Can Manufacturing use Social Media to improve its image?, 2012) manufacturing lives outside the world of social media se antithesi with transport companies (Social Media in Transportation in 2012, 2012). However, business services companies that have as most important implement the communicate, collaborate and share information (Enders, Hungenberg, Denker, Mauch, 2008) In order to test the first hypothesis we will test the variable: ‘How long has your company been using social media?’ against another variable: ‘Our relations with customers have improved since we started using social media. ’The table below shows the results of a cross tabulation to the question ‘How long has your company been using social media in addition to agreeing with the following statement Our relations with our customers have improved since we stared using social media. A Chi-squared distribution method will be used in this assignment in order to test its hypotheses. Through this test is going to make clear to whether the collected data are close to the results that been expected. The Chi-squared test for the above data is 3.620254 through a significance level of 10% and that means that there is 10/100 possibility that the results that had been gathered are by pure chance. In addition according to the Chi-squared test, the lowest level of confidence that is acceptable is 5%.In other words there is uncertain fact in the first hypothesis. Furthermore, the literature approve that social media is becoming a core element for businesses in the form of Customer Relation Management (CRM) (Beard, 2010).In particular, as well as known as ‘user-generated communication’, create a new source of information by changing the tools and strategies that companies use to communicate and interact with their customers. (Mangold Faulds, 2009). Another finding by Jacques et al (2011) is that internally networked firms share easier information and carriage them on decision making. The below area graph is displaying the results that had been found. From the below chart it is noticed that all companies start using social media more than 4 months. From the time of 4-6 months only 9% ‘strongly agree’ and 36% ‘agree’ to the statement. Companies that using more than a year the social media shows that there are more certain that social media improve their customer relations, which 24% ‘strongly agree’ and 44% ‘agree’ with the statement. To test the second hypothesis, this assignment took the variable ‘How long has your company been using social media?’ compare it with ‘Social media has helped the company to raise its profile’. In other words how do social media have impact on companies’ profit? The below table shows the results: According to the above table you can see that as the time past that a company use social media then the more raise the companies’ profile. The findings noted that of the forty nine individuals only four of them are ‘not sure’ or ‘disagree’ with the fact that social media is increasing a company’s profile. Correspondingly it’s has been note that on the companies that has been using social media for 4-6 months, only one company,9% ‘strongly agree’ and 9 companies 82% ‘agree’ that is effective on the company profit. However with finding, 38% ‘strongly agree’ and 53% ‘agree’ companies that using social media more than a year are further sure that it’s have excessive impact on companies’ profile. The Chi-squared test data is 8.395945 with significant level of 10% which with the intention of this there is 10/100 probability that the findings that had been collected are through pure chance. In other words, due to the fact that the lowest level of significance confidence is been acceptable is 5% this hypothesis is uncertain. Furthermore the fact that Small, Medium Enterprises (SME’s) have found that using social media is a low-cost, affective marketing tool (Fischer, et al 2011) confirm that it’s reduce firms expenses. Moreover, in 2009 Facebook, a social network site had 206.9 million unique visitors globally (NielsenWire, 2010).This information increase and in my way of thinking ensure that firms by using social media are raising their profiles. To test the third hypothesis, this assignment compare the following variables: First, We have become skilled in using social media. with the second, Social media attracts new customers to the company. additionally the following hypothesis will investigate whether there is a difference on how skilled are companies employees in using social media, with how can affect on attracting new customers to the company. On the below table you can see the results of the third hypothesis. Its been recognise that Chi-squared is analyse on how two variables related to each other. In particular by comparing samples we discover whether there is significantly difference from each other. Its ensure us that our scores are not relate on chance. On the third hypothesis, the Chi-squared test data is 36,161934 with significant level of 1% which with the intention of this there is 1/100 probability that the findings collected are by means of pure chance. In other words, the second hypothesis has been confirmed. These all support the literature argument on the strong connection and big influence social media allows firm to have with the customers (Berinato Clark, 2010 cited in Fischer et al 2011).As well as allows for the firm to converse with customers and creating effectively a fan base (Volpe, 2008 Fischer et al 2011). On the other hand others literature arguments show that staff may not be familiar with social networking sites (Michealidou et al 2011) and that some of them ignore social media because they don’t have the knowledge of how to use it to an advantage (Kietzmann et al, 2011). This assignment point to test the results of an open question, nonetheless the few amount of responders on ‘open question’ make it unreliable to compare the relationship between these responses by means of another variable as the information is pure. Conclusion Furthermore the analysed of the statistic data answer the research questions that had been set out in the introduction of this assignment. For the most part, this assignment shows that there is a relationship between the use of social media and their relation with customers. This is due to the good communication channels that contain in social networking sites. Finally, proving that there is a relationship between the skilled an employee is in using social media the more customers will attract to its company. This is the reason that university is making a lot of effort in making student be aware of social media and be able to use the ‘power’ of it. The future research that this assignment could look into is what social media platform companies use and for what main reason do they use each one. Reference Beard, D. (2010) Do it right: Social media for B2B firms, Marketing (00253650), pp. 19-19 Available at: http://search.ebscohost.com/login.aspx?direct=truedb=buhAN=52909723site=ehost-live (Accessed 25/10/11) Carter, M. (2011) ‘Small but nimble’, Computer Weekly, p. 19. (Accessed: 13 November 2011) Christodoulides, G. (2009). Branding in the post-Internet era. Marketing theory, Vol 9, Issue (1), PP141-144. Sage publications Ltd. Available at: http://mtq.sagepub.com/content/9/1/141.abstract. Date accessed 5/11/11. Constantnides, E. (2008) ‘The Web 2.0 as Marketing Tool: Opportunities for SMEs’ Mendeley,9,3,pp.231-244. [Online] DOI: 10.1057/palgrave.dddmp.4350098 (Accessed: 9 November 2011). Enders et al., 2008A. Enders, H. Hungenberg, H.-P. Denker, S. Mauch The long tail of social networking: Revenue models of social networking sites European Management Journal, 26 (2008), pp. 199–211 Article | PDF (395 K) | View Record in Scopus | Cited By in Scopus (16) Fischer, E, Reuber, R (2011) Social interaction via new social media: (How) can interactions on Twitter affect effectual thinking and behavior?, Journal of Business Venturing, Volume 26, Issue 1, January 2011, Pages 1-18, Available at http://www.sciencedirect.com/science/article/pii/S0883902610000856 (Accessed 1/11/11) Fisher, C (2010). Researching and Writing a Dissertation. 3rd ed. Harlow: Pearson Education Limited. pp.210 217. Fisher, T. (2009). ROI in social media: A look at the arguments. Journal of Database Marketing Customer Strategy Management, Vol. 16 Issue 3. PP189-195. Available at: http://www.mendeley.com/research/roi-social-media-look-arguments/ Date Accessed: 6/11/11 Jacques, B. and Chui, M. (2011) ‘How Web 2.0 pays off: The Growth Dividend Enjoyed by Networked Enterprises’ McKinsley Quarterly, 2, EBSCOHost [Online] Available at: http://web.ebscohost.com (Accessed: 13 November 2011). Kietzmann, J., Hermkens, K. and McCarthy, I. (2011) ‘Social media? Get Serious! Understanding the Functional Building Blocks of Social Media’, Science Direct, 54, pp. 241-251. [Online] DOI: 10.1016/j.bushor.2011.01.005 (Accessed: 26 November 2011). Mangold and Faulds, 2009W.G. Mangold, D.J. Faulds Social media: The new hybrid element of the promotion mix Business Horizons, 52 (2009), pp. 357–365 Article | PDF (207 K) | View Record in Scopus | Cited By in Scopus (33) NielsenWire, 2010NielsenWire Led by Facebook, Twitter, global time spent on social media sites up 82% year over year, January 22 2010 Available at: http://blog.nielsen.com/nielsenwire/global/led-by-facebook-twitter-global-time-spent-on-social-media-sites-up-82-year-over-year/ (2010) [Accessed 26 November 2010] Michaelidou, N., Siamagka, N. T. Christodoulides, G. (2011). Usage, barriers and measurement of social media marketing: An exploratory investigation of small and medium B2B brands, Industrial Marketing Management, (0), Available at: http://www.sciencedirect.com/science/article/pii/S0019850111001374 (Accessed 25/10/11) Russell, M.G. (2009) A call for creativity in new metrics for liquid media. Journal of interactive advertising, Vol 9. Issue 2. PP 44-61. Available at: http://www.warc.com/Content/ContentViewer.aspx?MasterContentRef=c78bc957-b78e-4f47-99f3-776b68c045d1q=+Social+Media-+Metrics. Date Accessed 11/11/11 Sekaran, U and Bougie, R (2009). Research Methods for Business. 5th ed. Chichester: John Wiley Sons. pp.197. Volpe, M. (2008, March 5). How to use Twitter for marketing and PR [Web log message]. Retrieved from http://blog.hubspot.com/blog/tabid/6307/bid/4034/How-to-Use-Twitter-for-Marketing-PR.aspx http://www.manufacturing-executive.com/thread/1013 http://blogdg.ctl.ca/2012/01/social_media_in_transportation.html

Sport And Physical Education Sport Essay

Sport And Physical Education Sport Essay Discuss the impact of Sport and Physical Education on lifelong health-related physical activity in the UK. The Be active, be healthy plan (2009 p10) believes â€Å"Physical activity includes all forms of activity such as ‘everyday walking or cycling to get from A to B, active recreation not undertaken competitively, such as working out in the gym, dancing, gardening or families playing together, as well as organised and competitive sport†. Sport and physical education is stressed as being an essential part of life, which has a huge impact on both peoples fitness levels and health. It plays a big part in helping to prevent chronic diseases such as heart disease, hypertension and diabetes in adulthood, which is why its important for young people to understand the benefits now. Be active be healthy (2009 p11) also states â€Å"People who are physically active reduce their risk of developing stroke and type 2 diabetes by up to 50% and the risk of premature death by about 20-30%†. Not only does exercise have an effect on physical health but also improves physiological wellbeing as it can relieve stress and anxiety, help with personal development and also improve self esteem and confidence. In recent times there has been more of an emphasis on encouraging young people to take part in more physical activity due to the high rise in obesity levels. Chinn and Rona (1994) state â€Å"Childhood overweight and obesity is increasing in the UK† This rise of obesity has been strongly linked to the fact that young people are not participating in the recommended amount of physical exercise suggested. ThePolicy framework for young people (1998 p4) believesâ€Å"For all young people, participating in at least 30 minutes of physical activity per day should be seen as a minimum. One hour of activity per day represents a more favourable level and is particularly appropriate for children of a primary school age† Primary school children are likely to get the recommended amount of exercise due to their general play time and also through physical education lessons. For secondary school pupils they are more likely to get their recommended activity from specific sports and organised physical activity. Not only is it recommended that older children perform the 30 minutes physical activity but also dedicate time to do specific exercises Policy framework for young people (1998 p3) statesâ€Å"At least twice a week, some of these activities should help to enhance and maintain muscular strength and flexibility† These types of activities are especially important for children as they are not only helpful at that age but can also be beneficial in preventing health risks in later life. Such benefits include helping with bone mineral density and also osteoporosis. Although the rise in obesity level is strongly linked to lack of physical activity, there has been some research which contradicts this and does show that most young people are getting the recommended amount. Armstrong and Welsman (1997) believes â€Å"Objective measures have shown that most young people accumulate 20 minutes or more moderate intensity physical activity most days of the week† Although a lot of young people are getting their recommended amount there are still aims of trying to get more people involved in physical activity. A way in which the Youth Sport Trust is trying to do this is by introducing something called the 5 hour offer. This 5 hour offer gives primary school and secondary school pupils the opportunity to participate in not only school sport but also community based activities. The PE and sport strategy for young people defines the 5 hour offer as â€Å"The Youth Sport Trust and Sport England are working with the DCSF and the DCMS on ways to help local delivery partners increase provision, demand and take-up amongst all young people (5-16 year olds) of their five hours a week of high-quality PE and sport (three hours for 16 -19 year olds)†. The offer of sport for 5-16 year olds will be made up of 2 hours curriculum PE and 3 hours of sport beyond the curriculum through after school, community and club opportunities. The offer also is extended so that it reaches out to young people between the ages of 16-19. This is a significant age range to target as it is also known as the drop-off age from sport. This is because after young people have finished secondary school, PE is no longer a compulsory subject therefore a lot of pupils will probably lose their only chance of participating in physical activity. PE matters (2008 p10) believes â€Å"For some young people, physical education remains their only structured or organised, regular physical activity. It is therefore crucial that pupils receive their entitlement of at least two hours of physical education a week and that it is of the highest quality† This is why the youth sport trust are now offering this age range the opportunity to participate in at least 3 hours of other activity rather that the 5 that primary school and secondary school age pupils have the opportunity of getting. Even though there is a lot of encouragement in getting more people to participate in physical activity there are a lot of influences and barriers that are affecting participation levels. Influences that can have an effect on participation especially in young people are PE teachers. PE teachers can be seen as role models to younger people and therefore have an effect on the attitudes young people have on physical activity. If PE teachers support and encourage their pupils, then they are more likely to take up a more positive attitude to exercise and therefore be more willing to participate in not only school sport but also club or community sport. PE teachers could give society the help which is needed in order to increase the interest in sport which results in more people becoming active and helping to combat the health and obesity issues. Not only can PE teachers influence participation but it is also said that family and friends can have a big influence on participation levels. â€Å"There is substantial evidence that family and peer modeling and support , correlate with physical activity levels of young people(wold and Anderssen 1992) and that access to appropriate environments can enhance their participation† (Sallis et al, 1990; Sallis, 1993b) The reasoning for this is because children tend to look up to their parents and friends and are likely to take notice of their attitudes and actions. If their parents have a negative attitude towards physical activity and dont get the recommended amount that they should be doing, then their children might also take the same opinion. On the other hand if their parents enjoy exercise and took part in sports when they were younger, then their children are more likely to be supported and encouraged to also participate in sports. Friends can also have an effect on participation of others as if you mates are playing and enjoying sport, you are more likely to participate as well. This could not only be due to the health benefits and fun aspects of it but also to the social side associated with playing sport. There has been a lot of debate recently about alternative activities being classed as physical exercise. This is because the older population may not have the time or money to join a club but yet they can do activities such cleaning and gardening, which some people class as exercise but others dont. The Be active be healthy plan (2009)defines the role of exercise as â€Å"What unites all physical activity is its effect upon our bodies, raising our heart rate, brining about an immediate and often beneficial physiology response and improving our overall well-being.† So as long as simple activities such as cleaning and gardening are having that effect on the older population, who maybe cant do as much as younger people can, then it is still beneficial to that persons health. Overall in society sport and physical activity cant be ignored as it helps to improve both a persons physical health and mental wellbeing. Not only does it provide health benefits but it is also a fun leisure activity and even if it is doing something as simple as gardening then I think everyone should be getting their 30 minutes a day. References Department of Health in partnership with other Government Departments, (2009) Be active, be healthy: a plan for getting the nation moving, DH Publications BIDDLE, S. CAVILL, N. And SALLIS, J. (1998) Policy Framework for young people and health enhancing physical activity, In HEA (1998) Young and Active? HEA Publishing The PE Sport Strategy for Young People {Online}. Last accessed 15th April 2010 at http://www.youthsporttrust.org/page/pessyp/index.html Health position paper Physical Educations contribution to public health (2008) PE matters Sport Studies Programme Faculty of Health and Wellbeing Sheffield Hallam University

computing through the ages :: essays research papers fc

~Computing Through the Ages~ â€Å"That's what's cool about working with computers. They don't argue, they remember everything and they don't drink all your beer,† (Paul Leary). From the Abacus (16th century counting devise) to the laptop, auto computing has always been a desire for us humans. We are lazy, and we like to take the easy way out of problem solving. This is why we pay so much for someone, or something to do the work for us. Hence the computer. We’re going to start with the use of electricity in computing, before then many non electric devises were used, but none capable of what we started using in the 1940’s. But we must remember that no computer ever is better at problem solving then the human brain. The human brain is up to one million times better than our most capable of computers. Ok, back to when the modern computer was taking shape. It was during the war and we needed a place to store information, and a way to do it. Tests were being made on a way to â€Å"keep data†. In 1945 punched paper rolls took the lead. Take a look at image 1-1 and 1-2. This was the most common type of data storage until magnified drums started becoming popular in the early 1950’s. These were large metal cylinders that were magnified in certain spots; this was the first â€Å"digital data† Devise. If it was magnified it was a â€Å"1† and if not, it was a â€Å"0†. This is the computer code (binary code), and it is still used on today’s computers. A. ` 01000001.  Ã‚  Ã‚  Ã‚  Ã‚  B. 01000010.  Ã‚  Ã‚  Ã‚  Ã‚  C. 01000011.   Ã‚  Ã‚  Ã‚  Ã‚  D. 01000100.   Ã‚  Ã‚  Ã‚  Ã‚  E. 01000101.   Ã‚  Ã‚  Ã‚  Ã‚  F. 01000110.   Ã‚  Ã‚  Ã‚  Ã‚  G. 01000111.  Ã‚  Ã‚  Ã‚  Ã‚  H. 01001000. But letters were not used in the common computers until the first â€Å"word processor† which came out in the early 1970’s, this was called –WordStar-.   Ã‚  Ã‚  Ã‚  Ã‚  Earlier in the 60’s computers were reduced in size to where only four people were needed to run it, this was a major breakthrough. Sounds impressive? Not really. But keep in mind; now-a-days computers are one million times faster and more versatile than they were in the early 60’s, literally. When the first computer came out that could add, subtract, multiply and divide. People thought that we had reached the end of inventions; there is nothing more that can be invented. But we say â€Å"wow, it’s just a common calculator† but actually it wasn’t, it was much worse than our common calculators that we can buy at the local dollar store.

Digging Up The Facts: Searching For Truth

The search for historical truth is a complex endeavor. It requires collaboration, interrogation, and imagination. Historical archaeologists study modern and post-modern communities and events through the excavation of material artifacts in order to explain and contextualize the past. While the methodology of archaeology employs excavation as well as social and forensic science, the theoretical premise is based the notion that one can â€Å"know† a particular culture by means of an exhaustive collection and analysis of its material documents.According to James Deetz in In Small Things Forgotten, historical archaeologists look at â€Å"material objects from the past† in order to â€Å"decode† the messages that these buried voices might tell (Deetz 4). They supplement and expand the work conducted by folklorists, sociologists, and anthropologists so as to reveal the manner in which earlier individuals lived, loved, and died (Deetz 5).On rare occasions and under favo rable cultural conditions, the findings of historical archaeologists serve as a corrective in that their work uncovers the â€Å"buried truths. † William M. Kelso, one of the most important historical archaeologists of our time, recently led a major project in Jamestown, Virginia. This endeavor centered on the â€Å"unearthing† of the James Fort and other material artifacts. In 2006, Kelso’s groundbreaking work resulted in a published narrative of his archeological dig: Jamestown: The Buried Truth.Subsequent to the book’s publication, in 2007, the Smithsonian Institution’s Museum of Natural History in partnership with the Association for the Preservation of Virginia Antiquities and the National Park Service sponsored an exhibit, Written in Bone, in commemoration of the 400th anniversary of the founding of Jamestown. An archeological team, led by Kelso, began their journey by identifying a twenty-two and one-half acre site. Through the use of quilt methods and excavation, they collected and examined the soil composition uncovering numerous seventeenth-century artifacts.Perhaps his greatest find was the remaining portion of the James Fort wall believed to have been destroyed by the James River. Kelso’s work â€Å"proved† that this could not have occurred for he unearthed the walls, interior structures, pits, and nearly one half million objects. Although his fascination with the James Fort reaches back four decades, Kelso’s diligence and skills as both archeologist and historian led him â€Å"literally to the soil† and, in so doing, he established a basis for a major revision of the colonial history of Virginia. Through the use of blueprints, CT scans, Ground Penetrating Radar (GPR),Mitochondrial DNA testing, and skeletal analyses, Kelso confirmed, and in 2002, uncovered a â€Å"gable-lidded coffin† believed to have been that of Captain Bartholomew Gosnold previously buried under a pit on the w est wall of the Fort. Although unable to confirm that the skeleton in the coffin was Gosnold’s remains through calcium traces and dental analysis, a captain’s leading staff was buried with him. The staff along with â€Å"wood stains in the soil and the patterns of nails† suggests that he was a significant leader in the founding of Jamestown (Kelso 142).Kelso’s discovery of the remains of the James Fort, constructed in the early seventeenth-century, raised new and important questions about extant historical interpretations regarding the people of Jamestown scholarship that, for the most part, has been based solely on the written documentary record. Gosnold’s buried but â€Å"well preserved pelvis† allowed forensic anthropologist, Douglas Owsley, to recently conclude that the â€Å"five- foot, three-inch European man died in his mid-to late thirties† (Kelso 142). Kelso’s work provides evidence of how Gosnold lived and died.In add ition, Kelso and the National Geographic Society received permission from the Church of England to examine the buried remains of Gosnold’s sister, Elizabeth Gosnold Tinley, buried in All Saint’s Church in Shelly and whose remains, after DNA testing, was determined to be inconclusive as to her biological relationship to the Captain (Kelso 155-56). Kelso’s uncovering of what remains of the James Fort contradicts assertions that the colony of Jamestown had failed because transplanted Englishmen simply refused to work or lacked the wisdom and ingenuity to be successful.In addition, Kelso, through his own â€Å"dig† for the truth, proved them false. The early settlers had been constant laborers and the James Fort had not been completely lost to the river. Kelso employed forensic science and anthropological data to determine erosion and unusual indentations in the soil. Kelso’s methods showed the limitations of utilizing written documents exclusively as a way of interpreting the past. According to Kelso, â€Å"the soil yielded a new understanding of the early years of Jamestown; a new picture of its settlers †¦ a new story of the interdependence between the Virginia settlers and the Virginia Indians† (Kelso 7).Kelso is not alone in utilizing an interdisciplinary approach. If we consider the founding and establishment of Virginia and Maryland, colonies that were constantly engaged in a border dispute, we can see certain patterns of development which the documentary record supports. But the documents do not show us the material items early colonists used such as the houses, tools, and weapons. While the archaeologist needs history to contextualize and identify patterns for the purpose of accuracy, the historian makes a more compelling case by incorporating material artifacts as a significant element of his or her analyses and interpretation.One might agree with Deetz who argues that the â€Å"documentary record and archa eological record complement each other† (Deetz 11). His examinations of the manner in which colonial people, black, white, and brown, in the Chesapeake lived and died provide a telling example of the interrelationship between historical methods and archaeological interpretation. In 1609 the London Company loaded the colonists in three ships and, in 1607, they arrived at the entrance to the Chesapeake Bay.Ordered by the Crown to seek a more inland region so as to better protect themselves from attacks by sea, the colonists settled farther up the James River near what would later become Richmond and Manchester. Jamestown, founded in 1607, provided protection from foreign attacks but was an unsuitable location due to poor drinking water, poor hunting ground, and farming. In addition, Native American attacks were frequent and unpredictable. Ill prepared and unable to sustain themselves, many of the colonists died from disease, starvation, and from warfare with the indigenous popul ation.With the arrival of Captain John Smith, as the story goes, the colony had its first chance at success. As a result of his leadership, historians argue, the colony sustained itself during the early years. In 1609, after Smith had returned to England, a drought severely limited colonial trade with England. In addition, unfavorable weather from 1609-1610 led to what has been described as â€Å"the starving time. † By 1610 over half of the population had died or was gravely ill. John Rolfe, who arrived in 1612, introduced two types of tobacco seeds to the colony: Orinoco and Sweet Scented.The success of these seed varieties provided a cash crop and a lucrative import item for the mother country. In addition, Rolfe’s marriage to Pocahontas, daughter of Chief Powhattan, in 1614, offered a relative measure of peace allowing for the use of more land to cultivate the soil depleting tobacco crop. In 1619 nearly one hundred women were brought to the colony as well as twenty Africans, initially as indentured servants and ultimately perpetual slaves. By 1632 Jamestown would be linked to the York River, the Middle Plantation, and later Williamsburg.It would become a thriving colony of landed gentry, small farmers, landless whites, displaced Natives, and enslaved Africans. Deetz offers a provocative discussion about African American dwellings, particularly the shotgun house which he considers the â€Å"most explicitly African vernacular architectural form to be found in America†¦ (Deetz 215). For Deetz, this structure shows clear signs of West African dwellings for â€Å"wherever Archaeologists find the shotgun house they find â€Å"evidence† of the viability of the African tradition in African American material culture† (Deetz 217). At the same time, Barbara J.Heath in her Hidden Lives: the Archaeology of Slave Life at Poplar Forest tells how excavators were able to determine soils connected with cellars, layers under buildings, as we ll as small objects buried adjacent to Thomas Jefferson’s retreat home southwest of his Monticello plantation. From the Poplar Forest slave quarters site, Heath and her crew obtained artifacts by â€Å"[screening] all soil from the site through one-quarter-inch hardware cloth† (Heath 32). They also found root cellars believed to have been the location where slaves stored or hid personal and contraband items (Heath 37).After three periods of controlled excavating, Heath was convinced that they had â€Å"uncovered the remains of a slave settlement† (Heath 31). Soil stains, seeds, tools, and bone fragments recovered from one site revealed the extent to which Africans lived under the restrictions and limitations of slavery in colonial America (Heath 67). Virginia and Maryland were the first colonies to utilize African slave labor on American soil. Unlike Virginia, however, Maryland established slavery at the time of its founding settlement at St. Mary in 1634.But mu ch like Virginia, Maryland transitioned from the indentured servitude to slavery by exploiting Native Americans and then Africans who cultivated tobacco and rice while others labored as skilled carpenters or blacksmiths. By 1664 slavery was perpetual in Maryland, meaning that the children assumed the status of the mother from cradle to grave. Although a colony established for Catholics, Maryland was also a place for Puritans to worship where the primary incentive for settlement was not the acquisition of wealth and status but for the purpose of religious freedom.Still, the increased numbers of Africans forced into the ‘New World† via the transatlantic trade allowed for the development of a distinct African culture on the American landscape. Once in the Chesapeake, colonists altered their views about what was possible in light of the large amounts of available land. Many became small self sufficient or large landowners within a community that was widely dispersed with few urban centers. They were dependent on agriculture and the export of tobacco that required slave labor for its long-term success.Maryland and Virginia used the head-right system, and during the initial landing in Maryland colonists traveled with their wives unlike Virginians who were, for the most part, single men. Marylanders also brought their indentured servants and as a result, the Chesapeake region evolved into an area defined by tobacco and slaves. The condition of enslaved and free blacks contributed to a distinct culture as Africans in America adapted to and transformed their environment. Well into the eighteenth-century Africans were exported directly from the African coast.The process of Americanization was not fully possible during this period because the colonists themselves did not have a clear sense of what it meant to be an American. Their colonial identity was seen through the prism of Great Britain. The mercantile system tied the colonists economically, politically, and culturally and many of the landed gentry saw themselves as part of a colonial aristocracy or as transplanted Englishmen. The ideology of Americanization must include resistance and assimilation.For example, the presence of cellars, according to Heath’s description, allowed for storage of items that may have been private or forbidden by the master. The existence of cellars represent material evidence of personal freedom within the confines of slavery. The process of Americanization is one that has been discussed by many scholars. Some historians argue that when African Americans were brought by ship and, later, in chains they acculturated and assimilated and, in so doing, became something totally different and uniquely American. Kelso, Deetz, and David A.Price in Love and Hate in Jamestown argue that Africans in America created something new but not something unrecognizable. Blacks created something that was at once African and American. The ground was both common and unc ommon situated on a shared landscape. Leland Ferguson’s Uncommon Ground: Archaeology and Early African America 1650-1800 shows that the South Carolina low country, a region defined by gang labor and rice cultivation, received a constant supply of blacks from West Africa and that through language and custom they were able to sustain a clear cultural connection to Africa even as they created their own Africa in America.Whether it be the shotgun house of Virginia, Jope’s arrival in Virginia with twenty slaves, or the pottery found at Jefferson’s Poplar Forest, â€Å"American democracy and American slavery put down their roots within weeks of each other,† processes that developed and changed over time (Price 194). Accuracy in the interpretation and management of written documents and material objects is a complicated task.A primary document, an item, written, visual, or material, from the period, may provide important details about a person or event as well a s context but it cannot provide empirical evidence. An artifact that has been excavated can show how an object was used, how it was made, and the possible status of its maker or user. The quality of the object can speak volumes about the values of the culture or community.When both types of documents are used, material and written, the participant observer walks away with a rich, more detailed and contextualized historical experience which, in most instances, brings the curious historian and the diligent archaeologist closer to that elusive thing called truth. Kelso and Heath used archaeology and history to get at the facts. Price, on the other hand, relied on the letters of John Rolfe, census, and government records. All of the previously mentioned scholars were trying to find out what â€Å"really† happened.They were excavating for the facts in order to arrive at the truth. Heath’s story was â€Å"woven,† Kelso performed an â€Å"autopsy of America† (Ke lso back cover blurb), Leland found commonality on â€Å"uncommon ground, Deetz listened to the soil, and Price combed the records. Heath is correct in her assertion that â€Å"human experience cannot be recovered from the detritus of everyday life. Yet even a partial story opens a fascinating window into the past, creating new questions and raising fresh questions† (Heath 3). Clearly all of the scholars were successful in digging up the facts for truth’s sake.

Evo:Case Study Essay

Do you think Evo’s decision not to set up any physical operation overseas is a good one? Why or why not? I have a mixed opinion on this question. I feel that there is a lot of potential missed business by not going international. The cost of setting up a business internationally is highly expensive, but the revenue made would make that up in a short amount of time. With being based in the United States, they can still reach a large market of the international business. They need to focus on what it is they are trying to achieve. If they are really looking to dive into the international mark, they need to concentrate on being able to be accessible when the customers need them. This means hiring more staff to be available longer hours for customer service. Once the sales start going up they will need to hire more employees in other department’s to fill orders and ship them, along with the many other needs of the company. What political and economic challenges could Evotrip encounter in other countries? Some challenges for Evotrip will be the true market for the service, the means for this type of service, and finding willing participants. The type of vacations that they are marketing is very expensive and can only be affordable if you are among the upper class. They aren’t for everyday Joe’s that want a ski vacation. Politically this might hurt them in the long run; however, by customers wanting revenge. If not everyone can afford these luxury vacations then someone is going to get upset over it any make an issue. Would you recommend that Evo expand the international side of it business? If so, how, and if not, why not? I feel that if they concentrated on their U.S. based business right now, and with continued support geared towards customer service, then international business will get stronger in the next few years, intern giving the opportunity for international growth to happen.

Government and Insurance Case Study Essay Example

Government and Insurance Case Study Essay Example Government and Insurance Case Study Essay Government and Insurance Case Study Essay The claims that the government insurance are receiving tend to be much higher than what those who cash and carry are required to pay. The government is having to pay significantly higher claims for members of medicare and Medicaid than those who do not use government insurance and pay with cash. The government feels they are being taken advantage of in this system and have imposed laws that now forbid that a companys’ claims be in excess of 120% of what the ordinary, or usual, charges would be without good cause. Potentially, government programs reimbursement amounts exceed the retail sales price for products because customers are more restricted and requires an extensive number of internal processes and procedure. The reimbursement amounts are set by the program entity. The process of selling goods involves additional mandated by law consideration beyond the normal cash and carry process, including the processing of insurance claims and substantiation of product delivery. Another potential could be because of the nondurable medical supplies, and how the process is cumbersome as the products are supplied to customers on a monthly basis. We do not think that the reimbursement rate for this company is substantially in excess. In order to comply with all of the governments requirements, there are significant operating expenses that must be incurred to get the products to where they need to be. Looking at TABLE 6, you can see that the product cost per unit is significantly higher for the product s sold to the government than the products sold to the cash and carry customers because of these extra operating expenses that are incurred. For this reason, this company should have good cause to charge a higher percentage for reimbursement rate in order the allow the business to operate at a profit and make it worth while to continue providing products for these customers. Although the numbers are not given to see what the company charges for :

Discuss the Relationship between money and Ideals in Howard essays

Discuss the Relationship between money and Ideals in Howard essays The attempt to connect the two different worlds of money and ideals is a central theme in E.M Forsters Howards End. The concept of money is most strongly represented by the Wilcox family. Idealism and intellectualism are the driving forces of the Schlegels especially the younger sister Helen. Establishing the rainbow bridge (page 187) between these two is Margaret Schlegel, the novels protagonist. The central relationship in the novel is between Henry Wilcox, who has made his fortune through the rubber industry, and the elder Schlegel sister, Margaret. The novel follows their courtship and consequent marriage through a journey of obstacles and revelations. Henry Wilcox is driven by money and power with little time for culture and intellectual thought. He is obtuse but also kindly. Margaret is an intellectual who cares for the troubles of the world but cares most for the welfare of her siblings and her husband. The other characters in the novel represent more extreme types. Helen, Margarets much loved younger sister, is a bohemian idealist who responds passionately to situations. Charles Wilcox is the most prosaic character. The clerk, Leonard Bast, is tormented by a glimpse of societys privileged he is at the extreme verge of gentility and though not in the abyss (page 58) he is aware of it. His gaudy wife, Jacky, represents the seedier side of society. She is in the abyss but does not seem aware of it. Mrs Munt (Aunt Juley) is awfully English, with little genuine understanding of Art and Literature but a great understanding of its importance in cultured society. Mrs Wilcox represents an ideal wife, a gentle diplomat who is not passionate about anything that might be controversial but is passionate that people should have a home. The upbringing of the Schlegel sisters is one of liberal idealism from their German fa...

Arbitration in the Philippines

The alternative means for dispute resolution that these laws offer tip the scales with major strengths such as cost efficiency, impartiality and technical expertise of engaging arbitrators of your own choice, speed and flexibility in adaptation of laws and procedures, and confidentiality of extrajudicial hearings and awards, as mentioned in Parlade (2005). This paper explores the potential of ADR, focusing on the pitfalls of litigation in the Philippines and the burgeoning advantages arbitration provides. Keywords: arbitration, alternative dispute resolution Definition of Terms For the purposes of this paper, and as defined in the Philippine Alternative Dispute Resolution Act of 2004, the term: A. â€Å"Alternative Dispute Resolution (ADR)† means a process or procedure employed to settle a dispute extra-judicially. Instead of being adjudicated by a presiding judge, a neutral third party is employed to assist in resolving the issues in question through arbitration, mediation, conciliation, early neutral evaluation, mini-trial, or any combination thereof; B. Arbitration† means that a dispute is voluntarily submitted for resolution where one or more arbitrators, duly appointed and agreed upon by the parties beforehand, resolve a dispute by rendering an award; C. â€Å"Arbitrator† means appointed person or persons in a dispute who sits to resolve the issue by rendering an award. The arbitrator is a neutral third party especially chosen to perform such task; D. â€Å"Award† means any partial or final decision rendered by an arbitrator that resolves the issue in a dispute; E. â€Å"International Party† shall mean a juridical person or entity whose place of business is outside the Philippines. A domestic subsidiary of such or a co-venturer which holds office in the Philippines shall not be included. A foreign arbitrator shall mean a person who is not a Filipino national; F. â€Å"Litigation† means legal action brought between two private parties in a court of law; G. â€Å"Model Law† means the International Commercial Arbitration Model Law which was implemented on 21 June 1985 by the United Nations Commission on International Trade (UNCITRAL); H. â€Å"New York Convention† means the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards in 1958 which was ratified under Senate Resolution No. 1 by the Philippine Senate; I. â€Å"Proceeding† means such processes of judicial, administrative, or other adjudicative means which include pre-hearing or post-hearing motions, conferences and discovery; J. â€Å"Record† means an information written in a way that can be reproduced or is kept electronically or in such s imilar medium, which can be retrieved and used. Historical Evolution Domestic Arbitration The Spanish had brought with them their arbitration laws which were sophisticated enough to warrant its inclusion in the old Spanish Law of Civil Procedure, the Ley Enjuicinamente de Civil (Lim, 2001). Unfortunately, this was repealed at the turn of the century. Applying common law, the Philippine Supreme Court in 1921 noted in Chan Linte v. Law Union and Rock Insurance Co. , et al. (1921) that: [t]he settlement of controversies by arbitration is an ancient practice at common law. In its broad sense, it is a substitution, by consent of the parties, of another tribunal for the tribunals provided by the ordinary processes of law. †¦ Its object is the final disposition, in a speedy and inexpensive way, of the matters involved, so that they may not become the subject of future litigation between the parties. However, this attitude was scarce as courts jealously guarded their jurisdiction and parties skirted arbitration due to doubts on the enforceability of arbitration resolutions (Laygo, 2010). The New Civil Code was passed in 1949. Three new provisions were added by Congress, the most important of which was, to wit, Article 2043 which stated that any stipulation that the arbitrators’ award or decision shall be final, is valid, without prejudice to Articles 2038, 2039, and 2040 of the same code (Ibid. ). This had breathed new life into arbitration as involved parties now have basis for claims that awards rendered during arbitration were final and binding, though, not in the sense that they were beyond judicial review but, in that, reasons for such review would now be limited (Ibid. ). The Supreme Court never had the chance to promulgate the rules of procedure in the 1949 Civil Code (Ibid. ). Republic Act No. 876, otherwise known as the Philippine Arbitration Law of 1953, provided for a structured and definite statutory framework for arbitration in the Philippines. This was a very important piece of legislation enacted by Congress as it would govern arbitration in the Philippines for the next fifty years, despite the fact that it made no reference to whether it was purely domestic or if it would recognize foreign awards. Fifty-odd years after the enactment of the Philippine Arbitration Law in 1953, Republic Act No. 9285 or the Alternative Dispute Resolution Act of 2004, was passed by Congress. This was the Philippines’ move to address the untenable questions arising from the mid-century arbitration law which, with the surge of globalization, the Philippines had outmoded. The Philippines had no laws which covered proceedings of international arbitration before the enactment of Republic Act No. 9285 (Lazatin Prodigalidad, 2006). Prior to this, when issues had to be settled with regard to international contracts, Philippines parties are often mandated by contracts to settle disputes in the foreign country under the rules of the foreign arbitral institutions (Ibid. ). Worse, no domestic legislation had been passed providing a specific procedure for the enforcement of foreign arbitral awards. Thus, there have been instances in which international arbitral awards have been treated by Philippine courts as akin to foreign judgments for lack of specific invocation of the New York Convention (Ibid. ). As a consequence, foreign arbitral awards have sometimes been deemed only presumptively valid, rather than conclusively valid (â€Å"Each contracting state shall recognize arbitral awards as binding†¦Ã¢â‚¬ ), as required by Article III of the New York Convention. Under Republic Act No. 9285, Section 2, the Philippines unequivocally declared that it is its policy â€Å"to actively promote party autonomy in the resolution of disputes or the freedom of the parties to make their own arrangements to resolve their disputes† and â€Å"encourage and actively promote the use of Alternative Dispute Resolution (ADR) as an important means to achieve speedy and impartial justice and de-clog court dockets. † International Developments Shortly after the first half of the 20th century, as the Philippines already had existing arbitration laws governing domestic disputes, a welcome and reinforcing international development was the New York Convention. The Philippines acceded to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (â€Å"New York Convention†) in 1967. The New York Convention is a landmark international instrument (Lazatin Prodigalidad, 2006). Parties to the New York Convention recognize the validity and binding effect of foreign arbitral awards as stated in Article III of the New York Convention. In addition, the New York Convention seeks to put international arbitration on equal footing with domestic arbitration by providing that the parties to the convention should not impose more onerous conditions on the enforcement of foreign arbitral awards than on the enforcement of domestic awards. To date, there are 142 signatories to the New York Convention (UNCITRAL, 1985); a testament to the near universal recognition of the validity and binding nature of foreign arbitral awards. On June 21, 1985, a Model Law on International Arbitration was adopted, and governed, by the United Nations Commission in International Trade (UNCITRAL). The law was designed to serve as basis for States to reform and modernize their own laws on arbitral procedure, taking account the salient features and addressing the needs of international commercial arbitration. The Model Law is comprehensive in that it covers all stages of the arbitral process from the arbitration agreement, the composition and jurisdiction of the arbitral tribunal and the extent of court intervention through to the recognition and enforcement of the arbitral award (Laygo, 2010). The Model Law has obtained consensus in the international community having been accepted and used as basis by States of different legal and economic systems of the world (Ibid. ). Arbitration is an alternative to, or a substitute for, traditional litigation in court, as observed in PHIVIDEC v. Hon. Alejandro M. Velez (1991). With the preceding laws forming the foundation of sound arbitral guidelines, the Philippines can now freely adapt and implement such. Republic Act No. 9285 is now the primary statute used in domestic arbitration. It is used in conjunction with Republic Act No. 876 and Articles 8, 10, 11, 12, 13, 14, 18 and 19 of the Model Law, which was especially designed to provide for domestic instances. Republic Act No. 9285 is also the current ruling statute for international commercial arbitration. Secondary statues to supplement the primary law include Articles 2028 to 2046 of the Civil Code of the Philippines, the New York Convention and the Model Law, and Supreme Court decisions forming the jurisprudence that applies or interprets these laws. Legal Processes: Litigation v. Arbitration in the Philippine Context Litigation As defined in the Alternative Dispute Resolution Act of 2004, litigation means legal action brought between two private parties in a court of law. There are four levels of organization with regard to the regular Courts. The first consists of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts (SyCip Salazar Hernandez Gatmaitan, n. d. ). These are trial Courts that decide only particular types or classes of cases. The second level consists of Regional Trial Courts, which are trial Courts, but also have general jurisdiction over cases not within the jurisdiction of Courts of the first level or any other tribunal, and particular classes of cases (Ibid. ). The third level is Court of Appeals which reviews cases from the Regional Trial Courts and quasi-judicial agencies (Ibid. ). At the highest level is the Supreme Court, which exercises appellate and review jurisdiction over cases decided by the Court of Appeals or Regional Trial Courts (Bernas, 1996). As a rule, only questions of law may be raised before the Supreme Court (Ibid. . The Philippine Court System provides for no juries. As arbiters, Courts have judges who are neutral and impartial who rule on questions of fact and law. Past judicial decisions of the Supreme Court are authoritative and precedent-setting, while those of the lower Courts and the Court of Appeals are merely persuasive (Ibid. ). A civil action is commenced by filing an or iginal complaint in Court (SyCip Salazar Hernandez Gatmaitan, n. d. ). A summons and a copy or copies of the complaint are then served on the defendant or defendants in accordance with the Rules of Court (ROC) (Ibid. . Then an exchange of pleadings between petitioner and respondent commences and issues to be tried are identified (Ibid. ). The petitioner is obliged to set the case for pre-trial after the last pleading has been filed (Ibid. ). This is usually the time that the possibility of an amicable settlement is considered and expedient ways of resolving the matter are explored (Ibid. ). If this is unsuccessful, it proceeds to trial. Once the trial ends, closing written memoranda may be submitted by the parties and the case is then deferred for the judge’s ruling (Ibid. ). Recent data from the Supreme Court Annual Report of 2005 shows that, for the period January to November 2005, the cases filed continue to outnumber the cases resolved at the Regional Trial Court (RTC), Metropolitan Trial Court (MeTC), Municipal Trial Court in Cities (MTCC), Municipal Trial Court (MTC), Municipal Circuit Trial Court (MCTC) levels. As of 30 November 2005, the total number of pending cases was 785,670, with the trial courts bearing the brunt of the caseload as follows: RTC 349,085; MeTC 144,408; MTCC 115,391; MTC 85,452; MCTC 65,692 (Ibid. ). Clearly, the caseloads remain formidable and unwieldy insofar as the trial courts are concerned. Not surprisingly, the data likewise shows that the problem of the shortage in judges has persisted through the years. Calculations based on the data have shown that the vacancy rate has hovered at around 30% on average. This shortage in judges is largely due to the relatively low pay of judges. Based on Supreme Court figures of January 2005, an RTC judge receives P44,416. 33 monthly in salary and allowances. An MeTC judge receives slightly less. MCTC and MTC judges receive P36,501 monthly in salary and allowances. The obvious solution to the problem is to increase the number of judges. However, this is easier said than done. The salaries of the judges are not determined by market forces but are subject to budget constraints and the priorities of our lawmakers (Bernas, 1996). The result is that our courts have not been able to function efficiently. While there is no ready data on the average number of years that it takes the courts to resolve disputes, anecdotal evidence shows that it usually takes 3-5 years for a case to be resolved at the trial court level, and another 2-4 years for a case to be resolved on appeal. Under the circumstances, the need to promote arbitration becomes pressing. Arbitration directly benefits the parties and indirectly benefits the courts since it diverts cases away from them and into the hands of arbitrators with much lesser caseloads. This indirect benefit has been recognized both by Congress (Section 2 of R. A. No. 9285 states that: The State shall encourage and actively promote the use of Alternative Dispute Resolution (ADR) as an important means to achieve speedy and impartial justice and de-clog court dockets) and the Supreme Court through its acknowledgment, in Charles Bernard H. Reyes v. Antonio Yulo Balde II, that it is the â€Å"wave of the future. † Arbitration Arbitration means that a dispute is voluntarily submitted for resolution where one or more arbitrators, duly appointed and agreed upon by the parties beforehand, resolve a dispute by rendering an award (ADR Act, 2004). Domestic and international commercial arbitration is governed primarily by the ADR Act of 2004, supplemented by the Arbitration Law of 1953, the Civil Code, the New York Convention and the Model Law framework. In the Philippines, arbitration of construction disputes continues to be governed primarily by the Construction Industry Arbitration Law (SyCip Salazar Hernandez Gatmaitan, n. d. ). The Construction Industry Arbitration Commission has original and exclusive jurisdiction over disputes arising from, or connected with, contracts entered into by parties involved in construction in the Philippines (Ibid. ). The Philippine Dispute Resolution Center, Inc. , and the arbitration arm of the Philippine Chamber of Commerce, provide commercial arbitration services (Ibid. ). Under the ADR Act, a party may be represented by any person of their choice in international commercial arbitrations and domestic arbitrations in the Philippines. Under the same Act, only those admitted to the Integrated Bar of the Philippines may appear as counsel in any Philippine Court, or any other quasi-judicial body, whether or not such appearance is in relation to an arbitration in which they appear. In domestic arbitration, an agreement to arbitrate a current or future controversy between the parties must be in writing and subscribed by the party sought to be charged, or by their lawful agent (SyCip Salazar Hernandez Gatmaitan, n. . ). For international commercial arbitration, an arbitration agreement may be an arbitration clause in a contract or a separate agreement (Ibid. ). It must be in writing; in a document signed by the parties or in an exchange of letters, telex, telegrams or other means of telecommunication which provide a record of the agreement. It may also be in an exchange of statements of claim and defense in which the existence of an agreement is alleged by one party and not denied by the other (Ibid. ). Subject to the provisions of the ADR Act, the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings. If the parties fail to agree, the arbitral tribunal may generally conduct the arbitration, including determining the admissibility, relevance, materiality and weight of any evidence, in such manner as it considers appropriate (Ibid. ). In domestic arbitration, with reference to the ADR Act, arbitrators are mandated to set a time and place for the hearing of the matters submitted to them, and must cause notice to be given to each of the parties within a specified period. Before hearing any testimony, arbitrators must be sworn, by any officer authorized by law to administer an oath, faithfully and fairly to hear and examine the matters in controversy and to make a just award according to the best of their ability and understanding. Witnesses must also take an oath before the arbitrator. Arbitrators are required to attend every hearing in that matter and hear all allegations and proofs of the parties. Arbitrators shall receive as exhibits in evidence any document that the parties may wish to submit. At the close of the hearings, the arbitrators shall specifically inquire from all parties whether they have any further proof or witnesses to present. In international commercial arbitration, the arbitral tribunal holds oral hearings for the presentation of evidence or for oral argument at an appropriate stage of the proceedings, if so requested by a party, unless the parties have agreed that no hearings shall be held (SyCip Salazar Hernandez Gatmaitan, n. d. ). The parties shall be given sufficient advance notice of any hearing and meeting of the rbitral tribunal to inspect goods, other property, or documents (ADR Act, 2004). A party aggrieved by the failure, neglect or refusal of another to perform under a written arbitration agreement may petition the proper Regional Trial Court for an order directing that such arbitration proceed in the manner provided for in the agreement (Ibid. ). The Court also has the authority to appoint arbitrators when the parties to the contract or submi ssion are unable to agree upon a single arbitrator, or when either party to the contract fails or refuses to name his arbitrator within 15 days of receipt of the demand for arbitration (Ibid. . A party may ask the Court to decide on a challenge against an arbitrator if the arbitral tribunal rejects the challenge (Ibid. ). A party may also ask the Court to decide on the termination of the mandate of an arbitrator who is unable to perform their functions, or for other reasons fails to act without undue delay, if the arbitrator does not withdraw from office and the parties do not agree on the termination of the mandate (Ibid. . [In international commercial arbitration, a party may apply to the proper Court regarding the appointment of an arbitrator, the challenge against an arbitrator, and the termination of the mandate of an arbitrator, only when the â€Å"appointing authority† under the ADR Act, who is supposed to decide on these, fails or refuses to act within 30 days from re ceipt of the request (SyCip Salazar Hernandez Gatmaitan, n. d. ). A party may request the proper Court to grant an interim measure of protection before the constitution of the arbitral tribunal (ADR Act, 2004). A party may also apply to the proper Court for assistance in implementing or enforcing an interim measure ordered by an arbitral tribunal (ADR Act, 2004). In domestic arbitration, unless the parties stipulated otherwise in writing, the arbitrators must render the award within 30 days of the closing of the hearings (Ibid. ). This period may be extended by mutual consent (Ibid. ). There is no express rule on when an award must be delivered in international commercial arbitration. The award must be in writing, signed and acknowledged by a majority of the arbitrators, and should there be an instance, reason for any omitted signature must also be stated (Ibid. ). The award shall outline the reasons upon which it is based, unless the parties have agreed otherwise or the award is on agreed terms. The award shall also state the date and place of arbitration. Each party shall receive a copy of the award. The ADR Act provides specific grounds for the Court to set aside an arbitral award in a domestic arbitration. They include cases of corruption, fraud, partiality, misconduct, and disqualification of arbitrators. The ADR Act also provides specific grounds for the Court to modify or correct an arbitral award— including miscalculation of figures, mistake in the description of a person, thing or property referred to in the award, an award upon a matter not submitted for arbitration, and imperfect form of the award. The Courts shall disregard any other ground raised against an arbitral award in a domestic arbitration (Ibid. ). In the case of international commercial arbitration, a Court may set aside an arbitral award when the arbitration agreement is invalid; when a party was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case (SyCip Salazar Hernandez Gatmaitan, n. d. ). Other reasons include situations where an award deals with a dispute which is not arbitrable or contains decisions on matters beyond the scope of the submission to arbitration; the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the parties’ agreement or the law; the subject matter of the dispute is incapable of settlement by arbitration under the law, or when the award is in conflict with the public policy of the Philippines (Ibid. ). At any time within one month after an arbitral award is issued in a domestic arbitration, any party to the arbitration may apply to the appropriate Regional Trial Court for an order confirming the award. The Court must grant the order unless the award is vacated, modified or corrected. Upon the granting of an order that confirms, modifies or corrects an award, judgment may be entered. The judgment may then be enforced as an ordinary judgment of that Court. For foreign arbitral awards, the New York Convention applies, subject to the commercial and reciprocity reservations (Ibid. . The basic procedure for recognition and enforcement is as laid down by the Convention. Despite the many attractive draws of arbitration, it is best to note the instances when alternative dispute resolution proves inappropriate, and practice judgment accordingly. It would be more judicious to resort to litigation when: (1) there is a significant imbalance in the parties’ bargaining power, as the strong er party may cow down the weaker one; (2) the party who has the use of the money at issue may benefit from a delay in itigation; (3) substantial legal issues are involved and must be dealt with accordingly, mindful of national and international repercussions; (4) there are multiple parties involved as it may be more difficult to implement alternative dispute, particularly where a class action is desired; (5) one of the parties wishes to establish a judicial precedent; (6) adversary is irrational and unreasonable, thus barring resolution; and (7) extensive discovery is needed or desired, as the Courts have a more thorough and encompassing framework, arbitration being relatively vogue and young in experience as compared to Courts (Grenig, 2005). Supporting Jurisprudence There have been two decisions in the field of arbitration that have set the tone of the Supreme Court and advanced the cause of arbitration in the Philippines. The first one is Transfield Philippines, Inc. vs. Luzon Hydro Corporation, G. R. No. 146717, 19 May 2006. There, the Supreme Court affirmed the enforceability of foreign arbitral awards and the right of the parties to an arbitration proceeding to obtain provisional relief from the courts. In Transfield, the Supreme Court had occasion – for the first time – to refer to Republic Act No. 285. What is significant in Transfield is the Supreme Court’s recognition that court-ordered provisional/interim relief extends to international arbitration. Such ruling sends a positive signal to future litigants that the Philippines is an arbitration-friendly jurisdiction. The second part of the ruling in Transfield affirms the right of a party to an international arbitration to enforce a final awar d in the Philippines, pursuant to the UNCITRAL Model Law and the New York Convention. The other, more recent case is Gonzales vs. Climax Mining Ltd. , G. R. Nos. 61957 and 167994, 22 January 2007, where the Supreme Court resolved petitioner Jorge Gonzales’s motion for reconsideration and respondents Climax Mining Ltd. , et al. ’s motion for partial reconsideration of the earlier Decision of 28 February 2005. The ruling in Gonzales is significant for several reasons. First, the ruling in Gonzales re-affirmed the summary nature of and the RTC’s limited and special jurisdiction over petitions to compel arbitration under Section 6 of R. A. No. 876. The jurisdiction of courts in a petition to compel arbitration is limited to determining the existence of an arbitration agreement. Trial courts should not allow themselves to be drawn into the fatal pitfall of prolonging the proceedings or touching on the merits. Second, modifying its earlier ruling, the Supreme Court in Gonzales introduced the widely-accepted doctrine of separability, which states that the validity of the contract containing the agreement to submit to arbitration does not affect the applicability of the arbitration clause itself. This doctrine of separability is, as pointed out by the Supreme Court, found in Article 16(1) of the UNCITRAL Model Law, which governs international commercial arbitration. Conclusion The efforts of Congress and the judiciary at improving the system of arbitration are welcome and timely. Today, two contemporary circumstances, one a local problem, the other an international phenomenon, acutely highlight the need to further promote and develop arbitration: hopelessly clogged court dockets and growing globalization. An inefficient court system impels aggrieved parties to look elsewhere for swift and impartial justice. On the other hand, international trade and transactions unavoidably give rise to disputes between nationals who come from different jurisdictions. The foreign businessman will understandably be wary of or uncomfortable with the local courts. Thus, he will seek to bring his dispute before the more neutral forum of arbitration. Parties wishing to have their conflicts resolved expeditiously will be looking increasingly to alternative means of settling their disputes, especially business, which abhors indefinite uncertainty. Under the circumstances, arbitration is truly worth cultivating. It possesses many attractive features. First, unlike judges, arbitrators are not burdened by heavy caseloads. The data hows that, as of November 2005, there are 349,085 pending cases before the RTC. Yet, there are only 804 RTC judges, or an average of 434 cases per judge. Hearing cases, sifting through evidence, and writing decisions is not an easy task. It becomes almost unmanageable if a judge has to contend with 434 cases. In contrast, before appointing an arbitrator(s), litigants can first verify from a potential nominee whether he or she can devote time to the case. Second, there is a large pool of arbitrators to draw from. Unlike the traditional judges, arbitrators do not have to be lawyers. They can be architects, engineers, investment bankers, stock brokers, or even laymen, depending on the subject matter or nature of the dispute. Third, the fees of arbitrators are not fixed by law. They are flexible and adjust according to the complexities of the case and the reputation of the arbitrator. Hence, litigants will be assured of an adequate supply of arbitrators. There is also reason for arbitrators to resist the temptation of corruption. The more competent, honest, and prominent the arbitrator, the higher the price he or she can command. Fourth, arbitration has the indirect benefit of de-clogging the court dockets by diverting cases away from them. The data shows that the number of cases filed outpace the number of cases decided. Judges can dispose of only so many cases at a time, especially given the restrictions that are imposed upon them. While the courts can only do so much in terms of the outflow of cases, arbitration has the potential of controlling the inflow of cases into the judicial system, especially at the RTC level where the number of cases filed annually have been more or less steady through the years. The court ystem can begin to work more efficiently only if the number of cases decided exceeds the number of cases filed. Until then, the courts find themselves trapped in a cycle of inefficiency. Thus, the courts also have a high stake in the success of arbitration. Fifth, arbitration addresses the concern of partiality. One of the appealing features of arbitration is that the parties get to choose their own arbitrators. Sixth, the costs of arbitration are borne by the parties. Arbitration pays for itself. Litigants who are dissatisfied with the judicial system can opt out of the judicial system. The potentially higher fees can be offset be a speedier resolution of the case and more satisfactory judgment. The Supreme Court first touted arbitration to be the â€Å"wave of the future† in BF Corporation v. Court of Appeals (1998). Eight years later, the Supreme Court repeated the same observation in Charles Bernard H. Reyes v. Antonio Yulo Balde II, G. R. No. 168384, 7 August 2006, that: It bears to stress that being an inexpensive, speedy and amicable method of settling disputes, arbitration — along with mediation, conciliation and negotiation – is encouraged by the Supreme Court. Aside from unclogging judicial dockets, arbitration also hastens the resolution of disputes, especially of the commercial kind. It is thus regarded as the â€Å"wave of the future† in international civil and commercial disputes. Brushing aside a contractual agreement calling for arbitration between the parties would be a step backward. † References Books and Journals Bernas, J. , S. J. (1996). The 1987 Constitution of the Republic of the Philippines: A commentary 2009 Ed. ). Manila, Philippines: Rex Book Store. Grenig, J. E. (2005). Alternative dispute resolution (2nd Ed. . Minnesota: West Publishing Co. Laygo, J. (2010). Arbitration: A brief. Makati: Intellectual Property Office of the Philippines. Lim, F. E. (2001). Commercial arbitration in the Philippines. The Ateneo Law Journal, 46(2). Cases BF Corporation v. Court of Appeals, G. R. No. 120105 (1998). Chan Linte v. Law Union and Rock Insurance Co. , et al. , 42 Phil. 548 (1921). Charles Bernard H. Reyes v. Antonio Y ulo Balde II, G. R. No. 168384 (2006). Gonzales v. Climax Mining Ltd. , G. R. Nos. 161957 and 167994 (2007). Philippine Veterans Investment Development Corp. PHIVIDEC) v. Hon. Alejandro M. Velez, G. R. No. 84295 (1991). Transfield Philippines, Inc. v. Luzon Hydro Corporation, G. R. No. 146717 (2006). Laws New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958. Republic Act No. 876, Philippine Arbitration Law of 1953. Republic Act No. 9285, Philippine Alternative Dispute Resolution Act of 2004. UNCITRAL Model Law on International Commercial Arbitration of 1985. Online Resources Lazatin, V. P. Prodigalidad, P. A. (2006). Arbitration in the Philippines. Retrieved from http://www. seanlawassociation. org/9GAdocs/w4_Philipines. pdf Parlade, C. O. (2005). Why litigate? Arbitrate! Retrieved from http://www. pdrci. org/web1/art001. html Supreme Court of the Philippines Annual Report. (2005). Adjudication: Caseload and disposition [Data file]. Retrieved fr om http://sc. judiciary. gov. ph/announce/sc_annual_report_2005. pdf SyCip Salazar Hernandez Gatmaitan Law. (n. d. ). A Guide to Dispute Resolution in Asia. Retrieved from http://www. herbertsmith. com/uploads/HSpdfs/Asia-guides-006/dispute resolution/12_Philippines. PDF

Moot Problem in the Court of Appeal Essay Example | Topics and Well Written Essays - 1500 words

Moot Problem in the Court of Appeal - Essay Example The judge argued on the art 10 of the HRA and overlooked the domestic law; the press regulation act 2012, while deciding the above case. The Daily Grind had been fined after the press regulation commission accused the paper for violating section 2 of the press regulation act 2012 which states â€Å"publication by the press of article relating to the private lives of individuals is hereby prohibited†. This was after my client had published an article citing the prime minister as a â€Å"sexual maniac† who is not legible to lead this country and should even quit politics for good. Though the press regulation act of 2012 bars the publication of articles relating to people’s private lives, section 2b gives some provisions where the above restrictions does not hold. This if: â€Å"it is strictly necessary to publish the material relating to the individual’s live in order for criticism of their performance in public office to be made good.† Judge Templeto n-Smythe J was right to give more weight to the HRA, than to our domestic legislation in this issue. For instance, if we allowed local authorities to impose regulations that to some extend limit the international laws on human rights we would just be declaring our country a non-partisan in international treaties at large. In the above stated publication, the Daily Grind was merely expressing its freedom of expression as stated in the article 10 of the convention rights which states: Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and receive and impact information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent states from requiring the licensing of broadcasting, television or cinema enterprises. 1 Application of the relevant Strasbourg jurisprudence in the domestic law Though there seems some contradiction of the domestic law and the Human Rights art 10, there has been cases in the past where the two has been harmonized to apply the art 10 in the domestic law. For example, in Manchester city v. Pinnock the Supreme Court came up with a formula to deal with relevant Strasbourg jurisprudences as Karinne and Fiona writes: Where, however, there is a clear and constant line of decisions whose effect is not inconsistent with some fundamental substantive or procedural aspect of our law and whose reasoning does not appear to overlook a point of principle, we consider that it would be wrong for this court not to take that line (p.26)2. Judge Templeton-Smythe in delivering his verdict argued that the Daily Grind has a right to express its opinion as the provisions of the art 10 of the human rights act. Although in another perspective the Daily Grind the may appear to have invoked the premier’s privacy, there was much logic in the publication. For instance, the publications were based on substantial truth as some of the prime minister’s Lovers a t the university are cited to have regular contacts with him up-to-date. The Daily Grind in this case is also entitled to a qualified privilege as per the British law. In a much similar case, in1999, Britain’s highest court defended a news paper against a former prime minister of Ireland as Perry Keller states: The courts have extended this principle to develop a new form of qualified privileg

Forever 21 & Bebe stores Essay Example | Topics and Well Written Essays - 500 words

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To what extent does Karl von Clausewitz explain the changing nature of Essay

To what extent does Karl von Clausewitz explain the changing nature of warfare after 1798 - Essay Example Clausewitz’s main claim in his book ‘On War’ published in 1831 revolves around the fact that in order to understand warfare, it must be considered as a social phenomenon. War comes from deliberate circumstances and these circumstances make wars easier to understand. This statement was considered in the light of two conceptions of war at that time, first, that war is capable of linear solutions, and secondly, that war is basically chaotic and cannot be rationally evaluated (Gat, 1989). This view of war led to the perception that it is merely an offshoot of politics, mixed is with violence. This perception hid a more complex phenomenon. First and foremost, war has changed over time. Since social organizations have changed over the years, the nature of parties competing has also changed. Secondly, in seeking a better understanding of what is happening in conflicts, there is no longer a need to consider the military events in a political setting. Third, there is a nor mative element in the formula. Clausewitz was of the belief that force was more acceptable when it was considered as a tool for state policy. Considering the suffering caused by war, this was the justifiable reason utilized in the use of violence; however a normative failure would not negate the analytical process. (Clausewitz, eds, Howard and Paret, 1979, p. 586). In order to establish a practical understanding of war, there was a need to evaluate the relationship between military activities and the political climate of these events. On the outset, there was a direct linear link between the scale of the goal sought and the extent of force required to fulfill it. In a conflict which was carried out to conquer an opponent who aimed to totally conquer and annex a country, one is almost always certain to expect significant efforts to defeat the aggressor. On the other hand, where a smaller objective was sought, a smaller consequent action would be seen. Clausewitz was of the understand ing that events on the battlefield and in the political arena are very much related to each other. A battlefield victory might prevent other nations from being embroiled in any conflict, it may also convince them of the fact that a victor has become a threat to them (Szabo, 2008). A victory may also convince a nation that its competitor is weak and that it needs to improve its objectives. The consideration of a country deciding to intervene or step away from a conflict would

Encryption Exploitation Technologies Research Paper

Encryption Exploitation Technologies - Research Paper Example It is in this regard that organizations have come up with security policies which define how data should be secured for confidentiality, authenticity, privacy, integrity, access control and nonrepudiation (Knott & Steube, 2011). The process of encryption employs different methods with a view of ensuring that information in its original and natural format is altered or converted into formats which cannot be read by systems attackers. Hence encryption is basically viewed at ascertaining that it is only the intended receivers who are able to read the message. This research paper gives a critical discussion of the nature and approaches of execution of the common methods that are used in the exploitation of encryption technologies. Symmetric Encryption Symmetric encryption is one of the major methods that are used in computer security in the exploitation of encryption technologies. In symmetric encryption, both the receiver and the sender of data or information have the same key or encryp tion key (Ackerman, 2008). In this regard, symmetric encryption is also known as shared secret encryption or shared key encryption (Lian, Liu, Ren & Wang, 2007). The encryption key in symmetric encryption method is applied both when encrypting and decrypting data. The security behind symmetric encryption lies in the fact that it is only the individuals with the same key who are able access and read data, information or messages which have been encrypted by the use of the symmetric key (Knott & Steube, 2011). Symmetric encryption has existed as the oldest methods on utilizing encryption technologies. It is essentially used for secure transmission of data. As a result, data that has been transmitted through the symmetric encryption is said to be confidential (Bhargava, Shi & Wang, 2007). In this sense confidentiality means that the understanding of meaning which is carried within the data can only be achieved by systems or individuals that share the same key. In this regard, it is evi dent that symmetric encryption is aimed at preventing unauthorized entities from understanding data rather than preventing them from accessing it (Dent, 2008). Therefore even if attackers access data, they are not able to understand its meaning since it is encrypted (Ackerman, 2008). Figure 1: Symmetric Encryption (PacketLife.net, 2010) It is important to note that encrypted data remains to be data. What changes is the inability for unauthorized entities to have and understanding or acquires the meaning that is contained therein (Moore, 2007). Due to encryption, the purpose of messages serves only the intended recipients (Al-Riyami, Malone-Lee & Smart, 2009). Symmetric encryption makes use of various algorithms. An encryption algorithm the word used to describe the mathematical formula which is employed in both the encryption and decryption of data files during the process of electronic data transfer or communication (Toubba, 2008). It is therefore the function of the encryption alg orithm to convert electronic formats of data into formats that are difficult to understand by the unintended audience. Since the intended receivers have the same key as the sender, symmetric methods in encryption allows them to read and comprehend the encrypted data. This is made possible by the use of the key and the symmetric algorithm to

Business analysis of Oklahoma National Bank Case Study

Business analysis of Oklahoma National Bank - Case Study Example During these years, the bank had competed very well hence leading to its success. Its loan outstanding was also doubled yearly and its core deposit growth was on a straight incline (Townsend, Busenitz, & Arthurs, 2001). Factors that led to Oklahoma national bank success Quality management Total quality management is one of the management approaches applied by Oklahoma bank in seeking to establish zero defects when running its business. It comprises of team leadership, worker empowerment, and creative problem solving in order to achieve its set goals. These programs are now available in marketing, production, customer support and finance (Schjoedt, 2009). A TQM program includes all aspects of organizations operations that include; the structure of the company, the culture the company has developed, and its hiring and promotional practices. TQM evolved from the quality assurance methods that were first developed during the First World War. It was due to the poor banking systems in the First World War that led to the adoption of the quality management practices by this bank (Rodriguez, 2008) Defining and measuring quality in Oklahoma bank Quality in its final analysis, is the capacity to meet diverse requirements which are economical, productive, social and of course with measurable actions. The quality of performance is one of the basic elements in trying to differentiate an organization within any market. This bank has applied the quality management in the following areas of its operation: 1) Customer relationships - involves establishing strong relationships with the customer’s through partnership arrangements and having direct customer contacts. 2) Customer involvement in the new product designs - this involves the involvement of the potential customers in the... Business analysis of Oklahoma National Bank It was founded in early 2000 and grew at such an alarming rate that within a couple of years, it multiplied more than eleven times the original assets and capital. It provides personal banking, commercial banking, business banking, and wealth management services in the United States. Its success was fueled by strong organizational culture, the bank’s ability to maintain high asset quality, quality management and use of En Act to zero in on customer relationship. Since then, it has merged with a larger banking organization, but it retains its decision making at a local level. It does this in order to remain committed to the fundamental values and beliefs that have seen this bank go far. As a result, the bank prides itself in having a unique laic culture of a strong relationship among the employees, directors and the founders of the bank. The bank is also God driven as they open all meetings with a prayer hence see this particular adventure as a blessing from God and seek to be good stewards indeed. Another key strategy which the bank has applied is that, they promote open discussion and honesty among their employees in order to have an honest dialogue in â€Å"an effort to effort† to meet the customers long term banking needs. This paper presents a model of strategic approach and entrepreneurial behavior and activities in either individual or cooperate entrepreneurship that eventually leads to a positive leap forward relative to present position.

To what extent does Karl von Clausewitz explain the changing nature of Essay

To what extent does Karl von Clausewitz explain the changing nature of warfare after 1798 - Essay Example Clausewitz’s main claim in his book ‘On War’ published in 1831 revolves around the fact that in order to understand warfare, it must be considered as a social phenomenon. War comes from deliberate circumstances and these circumstances make wars easier to understand. This statement was considered in the light of two conceptions of war at that time, first, that war is capable of linear solutions, and secondly, that war is basically chaotic and cannot be rationally evaluated (Gat, 1989). This view of war led to the perception that it is merely an offshoot of politics, mixed is with violence. This perception hid a more complex phenomenon. First and foremost, war has changed over time. Since social organizations have changed over the years, the nature of parties competing has also changed. Secondly, in seeking a better understanding of what is happening in conflicts, there is no longer a need to consider the military events in a political setting. Third, there is a nor mative element in the formula. Clausewitz was of the belief that force was more acceptable when it was considered as a tool for state policy. Considering the suffering caused by war, this was the justifiable reason utilized in the use of violence; however a normative failure would not negate the analytical process. (Clausewitz, eds, Howard and Paret, 1979, p. 586). In order to establish a practical understanding of war, there was a need to evaluate the relationship between military activities and the political climate of these events. On the outset, there was a direct linear link between the scale of the goal sought and the extent of force required to fulfill it. In a conflict which was carried out to conquer an opponent who aimed to totally conquer and annex a country, one is almost always certain to expect significant efforts to defeat the aggressor. On the other hand, where a smaller objective was sought, a smaller consequent action would be seen. Clausewitz was of the understand ing that events on the battlefield and in the political arena are very much related to each other. A battlefield victory might prevent other nations from being embroiled in any conflict, it may also convince them of the fact that a victor has become a threat to them (Szabo, 2008). A victory may also convince a nation that its competitor is weak and that it needs to improve its objectives. The consideration of a country deciding to intervene or step away from a conflict would