Sunday, October 6, 2019
Phonetics Lab work Assignment Example | Topics and Well Written Essays - 750 words
Phonetics Lab work - Assignment Example say it one time in this paragraph. She say [à °Ã‰â„¢] ‘the’ at the end of the paragraph. All other times she say either /d/ or /s/. She use /d/ instead of /à °/ at the beginning of word and /s/ instead of /à °/ at the end of word. She changes the voiced dental fricative /à °/ to a voiced alveolar stop /d/ at the beginning of word and she changes the voiced dental fricative /à °/ to a voiceless alveolar fricative /s/ at the end of word. The Mandarin phonetic chart show that there is not /à °/ in the language. This maybe why speaker cannot say it. The speaker has trouble saying the front, close-mid vowel /É ª/ and say /i/ instead. /i/ is a front high close vowel. So the speaker raising the front, close-mid vowel /É ª/ to a front high close vowel /i/. The vowel chart for Mandarin show that there is no /É ª/ in the language. This may be why speaker cannot say it. Although she did use /r/ in some words such as [frÊÅ'm] ‘from’ that should be [frÉ’m], [brÊÅ'zÉÅ"] ‘brother’ that should be [brÊÅ'à °Ã‰â„¢], [rÉ›z] ‘red’ that should be [rÉ›d], and [tren] ‘train’ that should be [trein], she left it out in the words above. So she has trouble pronouncing the alveolar trill /r/ and leaves it out many times. She has trouble using the alveolar, lateral approximant /l/ and leaves it out in these words. She can use it some places such as [slà ¦bs] ‘slabs’ that should be [slà ¦bz], in [smal] ‘small’, and in [wil] ‘will’ that should be [wÉ ªl]. Same as the Mandarin speaker, the Thai speaker has trouble saying the front, close-mid vowel /É ª/ and say /i/ instead. /i/ is a front high close vowel. So the speaker raising the front, close-mid vowel /É ª/ to a front high close vowel /i/. The vowel chart for Thai also show that there is no /É ª/ in the
Saturday, October 5, 2019
Celestial Tea SWOT Analysis Essay Example | Topics and Well Written Essays - 500 words
Celestial Tea SWOT Analysis - Essay Example Many online retailers of Celestial tea have given many positive reviews to the Company due to its high-quality and unique products. This has made the company receive even more customers. Given the fact that the company uses some herbs and natural ingredients to make some of its unique tastes of tea, some of these ingredients have been found to be pesticides. This issue has made some people afraid of using the Companys products, though, many customers dont mind about this as theyve been using the products for a long time without any bad experience. In as much as the company enjoys a huge market share in the Tea Industry in North America, its sales have always trailed those of its major competitors such as Lipton, Twinning and Private Label. There has been an increased opportunity in the tea sector for Celestial Company due to the various upcoming health benefits that have been proved to result from using tea products, especially natural tea. This has increased the popularity of tea that comes with increased consumption. As a result, many consumers begin using tea, and this translates into increased sales for the company. Tea has also been proved to be a very addictive beverage. This makes those who have begun using the product to continue using it for a very long time and increase its use. This translates into more market for tea. Due to increased popularity of tea, there is a vacuum in the market created by an inadequate supply. This gives room for more competitors to come up. Many competitors mean the industry will have many players and few benefits. Celestial Tea faces a very stiff competition from the major tea manufacturers in the U.S., the Unilever United States. According to 2014 statistics, Unilever made sales worth $418 million, which was estimated to be twice the size of its closest competitor, RC Bigelow (Euromonitor, 2015). This is the company where Lipton brand belongs to a top brand. Celestial Tea finds itself in the third to fourth
Friday, October 4, 2019
Divine Power and Divine Retribution in Jose Saramago’s Blindness Essay Example for Free
Divine Power and Divine Retribution in Jose Saramago’s Blindness Essay Divine Power and Divine Retribution in Jose Saramago’s Blindness Introduction            Often, writers in literature pilfer from the world of reality in their quest to present compelling characters and gripping plots. Nonetheless, others replicate the real world in an abstract sense to sensitize or communicate the malicious and malignant threats, epidemics and plagues prevalent in the world. Such episodes of these phenomena inflict mass threats and destructions, nefarious villains as well as innocent victims who apparel and enthrall novelists. In some instances, divine retribution follows the nefarious villains as well as grapples the ignorant innocent victims. This is well presented by Jose Saramago in his epic novel, Blindness. This paper explores divine power as well as divine retribution in the book Blindness by Jose Saramago arguing that divinity intervention follows in instituting justice. Besides, divinity intervenes to punish ignorance.            Indeed, the novel does not state explicitly that the onus of the swiftly hitting epidemic is resultant from the hands of a divine power such as God. However, the author does not resist writing on a divine power, God. This is because Jose Saramago introduces and trails the action of the churches in supplementing the government’s effort to contain the situation. Moreover, there are multiple references to church leaders all observable in the novel. Besides, Jose Saramago’s presentation in the novel suggests that divine retribution followed a nefariously villainous person. He or she was inflicted or struck with blindness. Additionally, it is interesting to note that literal authors cannot write a masterful work in a spiritual, religious or cultural vacuum. Deductively, it is evident that Saramago alludes to divine intervention and divine retribution.            Interestingly, the Blindness novel depicts a thrilling plot with an incessantly straying narrator from presentation of dialogues and facts to reflection on moral academic and ethical analysis at great lengths. Divine intervention and retribution features at the onset of the story in the first page. It is here that the author dexterously delineates in detail the expected features at an ordinary road intersection. These include flickering of lights and pedestrians crossing the road. Everything is a routine, and the events unfold as usual. However, a car at the intersection does not move or give way to the traffic behind, in spite of the flickering green light, creating an unusual situation.            The author is innate to this situation and goes on to consider rational motives behind the car’s stillness. He states, â€Å"there have to be some mechanical flaws, a loose accelerator, a stuck gear level, suspension problems†(1-2) and many other listings of things that could have gone wary. This situation does not go unnoticed because a bystander comes to the attention of the driver. He opens the door catching the attention of the driver as well as the reader. It then dawns to the reader that the driver was struck with blindness. This is rather bellowing and discomforting. It is not incidental that blindness just hit the driver cum blind. The cause of the blindness can only be explained in terms of divine retribution or intervention.            Saramago twists and turns the novel literally betwixt calamities. The â€Å"Good Samaritan†that came to the aid of the blind man later emerges that he is a thief. On driving the old man home, he steals his car. It is rather ironical that the good natured helper turns to be an immodest, insensitive and hands down thief. Indeed, it is immoral for an able person to take advantage of a handicapped person and exploit them taking advantage of their helplessness. The reader is appareled by the thief and only wishes for divine punishment. Therefore, the thief’s catching of blindness comes as a sigh of relief to the reader for what he or she considers as an immoral and ungracious act.            The scene of people being struck with blindness becomes an incessant phenomenon in the following pages. The narrator trails the lives of victims, and it emerges that they all had crossed paths one way or another. It is here that the narrator philosophizes divine retribution and intervention as calamity strikes the nation ravaging and resulting to outbursts among people with â€Å"I’m blind, I’m blind†uproars. In a series of skits between philosophical argument and conventional wisdom, the narrator presents a vivid account of the actions and motives of the escort and the car thief. Finally, blindness strikes these characters long before the narrator can conclude on the cause of the plague. Interestingly blindness strikes immediately without any bouts to announce its arrival. Divine retribution causes a fierily spread of the plague without a scientific explanation or physical symptoms. Blindness strikes swiftly, strange ly and impartially. For instance, the doctor realizes that he too is blind while watching television. The plague replicates in nature and strangeness to ancient floods and plagues that were acts of divine retribution such as in the bible.            A clout to divine retribution is protracted from the doctor’s wife. She is the only victim of blindness who separates human flaws and godly affairs thereby attributing the epidemic to divinity. According to her, â€Å"this is unbearable filth of the soul of a human. Of the human body†(279). According to the narrator, â€Å"she said, as if to correct this metaphysical thought, then she added, it is all the same†(Saramago 279). The reader is left the quarry of the thoughts of divine power and retribution. Arguably though, why does divine power not punish the malicious and nefarious villains, as well? Thomas Talbott in his article, â€Å"Punishment, Forgiveness and Divine Judgment†argues that retributivist punishment theory. He justifids punishment by questioning if the punishment befits the error or crime committed. Therefore, punishment is not a rehabilitation or crime deterrence tool but a justice and equalit y feature (Talbott, 154).            Just like other narrations, the Blindness narrator is obsessed with the behavior of people when put under extreme conditions. It is interesting to see the huge and expansive wary and panic among people following the blindness plague. Indeed, such a mega scale panic and social disarray contends the prevalence of a divine power with much stronger abilities than man can think. Different institutions in the society fall and crumble thanks to the plague for fear of the plague. The military cannot contain the massively and swiftly spreading plague create a heat of battle and confusion amidst the crisis. The government is also initiated into the crisis. It imposes a quarantine effort to control the contagion unsuccessfully resulting to collapse of the media, military and businesses.            Divinity fabling is also evident in the identity of the characters in the novel. For instance, the author does not give them real names but rather opts to identify them in generic form. For instance, there is the blind man, the Good Samaritan cum the car thief, the doctor, the doctor’s wife among many others. The book begins with the first blind man trailing him as his eyesight elopes while at an intersection, in his car. The first blind man is rescued by the Good Samaritan who takes him home. Later on, the good Samaritan steals his car and eventually loses sight. Indeed, divine retribution strikes and the thief is blinded just like other noble souls. The level of blindness infliction is as a resultant of divinity. It trails people who have crossed paths. For instance, the doctor was struck with blindness. Interestingly, he had attempted to treat the first blind man. People who had sat at the waiting room also got struck with blindn ess.            Saramago presents the proclamations of the churches and the church leaders, as well. They preached the end times claiming that the world was coming to an end. The narrator states, â€Å"they were proclaiming the end of the world†. He adds that they preached, â€Å"redemption through the visions of the seventh days, through penitence, †¦the purity and sanctity of the lymph, the black cat’s blood, the sleep of the shadow, the logic of anthropophagy, the rising of sea, painless castration and mainly divine tattoos..†(Saramago, 298). This presents the existence of divine power that claimed the people. References Cooper, Kate, and Thomas Talbot. Punishment, Forgiveness and Divine Judgment. Retribution, repentance, and reconciliation: papers read at the 2002 Summer Meeting and the 2003 Winter Meeting of the Ecclesiastical History Society. Woodbridge, Suffolk, UK: Published for the Ecclesiastical History Society by the Boydell Press, 2004. 154. Print. Saramago, JoseÃÅ' . Blindness: a novel. New York: Harcourt, 1998. Print. Source document
Thursday, October 3, 2019
The Function Organization And Structure Of The International Court Of Justice Law Essay
The Function Organization And Structure Of The International Court Of Justice Law Essay Introduction In this essay the author wants to explain the International Court of Justice (ICJ). Important in that context is the history and former organizations, which were the pathfinder of the contemporary institution. It should be explained how the ICJ is working and who is working. The duties, functions and the international importance of the Court, plus the reasons why world politics need that kind of international Court. Further will be explained the most important Conventions, rules and Conferences, which build up the ICJ in its present- day. There are some important research questions, which are the main issues of the essay: What is the importance or the meaning of International Court of Justice? Most of the time the organization is mentioned as an institution with judicial arbitration in case of national disputes. It is standing over all states and has a very strong arbitration. The states are not able to appeal against the ICJs decisions or convictions, what caused the second research question: How the International Court of Justice does achieve these convictions? Who is the judge or who are the judges of the International Court of Justice? This is the question of the formation of the Court. Questions b) and c) have their focus on the inner- organizations of the Court and the author wants to find out, why the Court acts in certain cases in disputes and what are their concerns and requests to mediate a dispute. Hopefully all the questions will be answered in the end of the essay, in the conclusion there will be a comprehensive review of the topic and the important research questions. There is enough literature to use and with some examples of cases between national states, the process and interfering of the International Court of Justice, it should be well explained. History All began with the Jay Treaty of 1794, also called the Treaty of Amity, Commerce and Navigation, between the United States of America and Great Britain. It was made out of three mixed commissions with American and British nationals and they had to work as tribunals. [1] The second more important phase was marked by the Alabama Claims arbitration in 1872 again between the United States and Great Britain. In the Treaty of Washington the same parties arranged a sort of neutrality and fixed some important conditions for arbitration. They tried to avoid with the treaties conflicts between the states and they created a proposal of a permanent international arbitral tribunal. [2] The third phase was marked by The Hague Peace Conference in 1899 which got initiated by the Russians (Czar Nicholas II). The phase was part of modern international arbitration. The main concern of the conference was discussing peace and disarmament. It got finished with the Convention on the Pacific Settlement of International Disputes (between Asian, American and Europe countries). Out of the Convention the Permanent Court of Arbitration got formed. A panel of jurists (from each country) administered the Permanent Court and also a leading office, located at The Hague, got set up. The Court got institutionalized and was generally accepted. The official establishment was in 1900 and the operating began in 1902. [3] In 1907 the second Hague Peace Conference started and also States of Central and South America participated. At this conference some participants (United States, Germany and Great Britain) tried to form a Permanent Court of Justice, but not all participants agreed with that. The problem was how and who had to choose the judges. [4] The Conference confined itself to recommending that States should adopt a draft convention for the creation of a court of arbitral justice as soon as agreement was reached respecting the selection of the judges and the constitution of the court. Although this court was never in fact to see the light of day, the draft convention that was to have given birth to it enshrined certain fundamental ideas that some years later were to serve as a source of inspiration for the drafting of the Statute of the Permanent Court of International Justice (PCIJ). [5] The Permanent Court worked with cases like the territorial and marine dispute and delimitation between Eritrea and Yemen in 1898 and 1899 and in case which concerned Great Britain and Ireland and caused the Convention for the Protection of the Marine Environment of the North- East Atlantic in 1992 (OSPAR). [6] The Permanent Court of International Justice (PCIJ) Article 14 of the Covenant of the League of Nations gave the Council of the League responsibility for formulating plans for the establishment of a Permanent Court of International Justice (PCIJ), such a court to be competent not only to hear and determine any dispute of an international character submitted to it by the parties to the dispute, but also to give an advisory opinion upon any dispute or question referred to it by the Council or by the Assembly. [7] In 1920 the Council engaged an Advisory Committee of Jurists to present a report if the establishment of the PCIJ, they sat in The Hague under Baron Decamps (Belgium). After the report, the First Assembly of the League of Nations opened in Geneva in the end of 1920. In this case the legal frame of the PCIJ got fixed and realized. Every member country had a vote in case of decisions and elections. The first elections took place in September 1921. After the first Assembly, more of them took place in 1921, 1929 and finally in 1936 the Statute and legal frame of the PCIJ became effective and operative. [8] The PCIJ had after the long road of formation and development some differences to the former Court of Arbitration. First it got a permanently governed body and had an own Statute and Rules of Procedure. Second it had a permanent Registry which stayed always in touch with governments and international organizations. Third the proceeding was public and got documented for evidence. It also had a permanent tribunal; what offered a constant practice with international law and bodies. It also influenced the development in that case. Further all member states had to accept the principles and rules of the PCIJ. The PCIJ had also advisory function in case if the League of Nations Council or Assembly and a member state of the PCIJ were not normally a member state of the League of Nations. Last, it got more and more representive in the international context. [9] The International Court of Justice (ICJ) Case of the Second World War the PCIJ had less space for activities. The last conference was in December 1939, after that the PCIJ advanced backward and did not act in cases of disputes between countries. In 1942 the United States and Great Britain tried to establish a new international Court and the Inter- American Juridical Committee started to construct a new way of the PCIJ. In connection with this development, some informal Committees got held and published in February 1944 a report, which contained that the Statute has to be an international law and had to be based on the Permanent Court of International Justice. It should have advisory character and acceptance in jurisdiction. [10] Meanwhile, on 30 October 1943, following a conference between China, the USSR, the United Kingdom and the United States, a joint declaration was issued recognizing the necessity of establishing at the earliest practicable date a general international organization, based on the principle of the sovereign equality of all peace-loving States, and open to membership by all such States, large and small, for the maintenance of international peace and security. [11] The result of the meeting (October 1944) was a proposal for the International Court of Justice and represented in the beginning at one of the first meetings in Washington 1945, 44 states with a Committee of lawyers. The preparations of the Statute of the ICJ happened at the San Francisco Conference in 1945 with 50 participants and were based on the Statute of the PCIJ. That conference was one of the most important in the history of the ICJ. [12] The Conference decided against compulsory jurisdiction and in favour of the creation of an entirely new court, which would be a principal organ of the United Nations, on the same footing as the General Assembly, the Security Council, the Economic and Social Council, the Trusteeship Council and the Secretariat, and with the Statute annexed to and forming part of the Charter. [13] The Court was the judicial part of the United Nations and was linked to the League of Nations. All member states of the United Nations are member states of the ICJ. In the beginning of the ICJ the European countries dominated national, political and judicial affairs and case, that was the reason why the ICJ and the United Nation added some countries as members and they increased from 51 (1945) to 192 (2006). [14] Functions and structure The official formation date is the 26. June 1945. The official seat is like the former organization in The Hague. The ICJ consists out of fifteen judges, who have to be from the member states of the United Nations. These are independent and have a diplomat status. They get voted from the General Assembly and the Security Council of the United Nations. The main duties of the ICJ are to communicate between two or more disputing parties, but they have to be states, because the ICJ is not working with cases of individuals or organizations. Decisions are based on international law. [15] Current Judges ad hoc The following judges ad hoc have been chosen in the cases currently pending before the Court: Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo) Guinea: Mr. Ahmed Mahiou Democratic Republic of the Congo: Mr. Auguste Mampuya Kanunka Tshiabo Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda) Democratic Republic of the Congo: Mr. Joe Verhoeven Uganda: Mr. James L. Kateka Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. Serbia) Croatia: Mr. Budislav Vukas Serbia: Mr. Milenko KreĆ¡a Territorial and Maritime Dispute (Nicaragua v. Colombia) Nicaragua: Mr. Giorgio Gaja Colombia: Mr. Jean-Pierre Cot Certain Criminal Proceedings in France (Republic of the Congo v. France) Republic of the Congo: Mr. Jean-Yves de Cara France: Mr. Gilbert Guillaume Maritime Dispute (Peru v. Chile) Peru: Mr. Gilbert Guillaume Chile: Mr. Francisco Orrego Vicuà ±a Aerial Herbicide Spraying (Ecuador v. Colombia) Ecuador : Mr. Raà ºl Emilio Vinuesa Colombie : Mr. Jean-Pierre Cot Case concerning Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Georgia v. Russian Federation) Georgia: Mr. Giorgio Gaja Application of the Interim Accord of 13 September 1995 (the former Yugoslav Republic of Macedonia v. Greece) Greece: Mr. Emmanuel Roucounas The former Yugoslav Republic of Macedonia: Mr. Budislav Vukas Jurisdictional Immunities of the State (Germany v. Italy) Italy: Mr. Giorgio Gaja Questions relating to the Obligation to Prosecute or Extradite (Belgium v. Senegal) Belgium: Philippe Kirsch Senegal: Serge Sur Certain Activities carried out by Nicaragua in the Border Area (Costa Rica v. Nicaragua) Costa Rica : Mr. John Dugard Nicaragua : Mr. Gilbert Guillaume [16] The ICJ is the only institution of the United Nations which has its head quarter not in the main quarter in New York, like mentioned is it in The Hague, Netherlands. In the graphic presentation below is explained how the ICJ works. The General Assembly and the Security Council vote the judges all three years for nine years. These judges represent different cultures, communities and legal frameworks. They are responsible for right decisions between state litigations and preconditions for the states who deposit their requests at the ICJ. Important is that they subordinate themselves under the jurisdiction of the ICJ. They are also responsible for the legal options in case and questions of the international law for the United Nations. [17] The authorities of the ICJ are provided in the fourteenth chapter of the UN- Charta, decided in 1945 in San Francisco. One the one hand the ICJ has his one statute and one the other it is based on the UN- Charta. That means that a member of the ICJ is also a member of the United Nations. The ICJ in connection with international law The ICJ has to base its decisions on the international law, mentioned above. Because of the international law, the ICJ is a legal person which is allowed to make his own decisions on a juristically structure on which it is based. In Act 38 Paragraph 1 it is mentioned that the Court has a statute based on international law, but it can also decided with the acceptance of the parties which are the main characters in a dispute. [18] The UN- Charta and the ICJ The chapter XIV of the UN- Charta says in Act 92 that the ICJ is the main adjustication of the United Nations and has a permanent statute and its duties, responsibilities and arrangements are based on the Charta and the statute. The first point of Act 93 means that all members of the United Nations are members of the Court. Second, a state who is not a member of the United Nations can get a member of the Court, but under different circumstances. There has to be held a conference at the General Assembly of the United Nations and the state has to have a reference of the United Nations Security Council. The first part of Act 94 says that every member of the United Nations is committed, in case of disputes to follow the interventions of the ICJ. If one of the parties of the dispute does not follow the rules of the ICJ, the other party is allowed to bring their case to the United Nations Security Council. The Security Council is the last institution who can finish the dispute and is able to make harder arrangements for the dispute parties. In Act 95 is written that the states can also ask other Courts to interfere in the dispute. The last Act, Act 96, says that United Nations Security Council can make requests for information of dispute cases and other institutions of the United Nations can with the allowance of the General Assembly ask for information of cases. [19] These conditions of work and service did not help very much at peace- keeping and with international security, which is one of the main duties and responsibilities. The former idea of the ICJ was to interfere between disputes and the result should be no war and military access, but this was and is impossible, because many states do not want to make compromises. [20] In official demonstrations, the ICJ most of the time interpreted and based their judgments and actions in international contexts on the UN-Charta. Every time they fell a judgment, they add, that they worked with the conventions of the Charta and the international law. The reason why they are so careful with their information is because of the international context and the cases with which they are working and the worrying about making problems between countries worse. [21] Types of Proceeding There are existing two different types of proceeding. First is the disputable proceeding based on Act 92 of the UN- Charta and second is the procedure of advisory opinion or expert assessment based on Act 96 of the UN- Charta and the IJC- Statue. [22] Disputable Procedure The disputable procedure should be a procedure which is based on peaceful resolutions for all contributing parties, in case of ICJ. The countries which are acting like parties, when they have a litigation at ICJ they have to be members, to be able to ask for help at the ICJ. If they are no members of the ICJ or the United Nations, they have to get a recommendation of the Security Council and afterwards the General Assembly is deciding if they are allowed to access the process and if they get a party for that time of the United Nations and the Court. If not, they cannot work with the ICJ together. International organizations are not allowed to get parties of the ICJ. These decisions were made on the Conference of San Francisco. The only way they can participate, is the way of listening. [23] Also important for the ICJ is the responsibility of an international tribunal. The Court can only work with a dispute between countries, when all parties agree to the litigation at the ICJ. This is based on a general principle of international law. At the Conference of San Francisco in 1945 it got discussed to base the Court on an obligatory jurisdiction, but in the end the Court got the statute of the traditional system with the former sovereignty principle. The countries have the possibilities to form an agreement, before the case comes official to the Court, who shows the responsibilities of the ICJ, but both parties have to agree. They can make a sort of compromise to abbreviate the proceeding. The states have also the possibility to arrange agreements for the time after the trial. Such a compromise should control the disputes and the acting. This should work like diplomacy or mediation- to prevent wars and conflicts. These agreements could be for example multi- or bilateral cont racts. Additional the countries can arrange the responsibilities of the ICJ also for the future, like they can work out compromises. This way of acting is called facultative obligatory. These compromises and obligatories can have time- limits or there could be instructions which they have to follow with or without a time- limit. That depends on the case and if there is the necessity from the Court to interfere. If there is a case, where the parties are not able to define the responsibilities of the Court together, then the Court is deciding the circumstances of the trial. [24] In the text above is written that the ICJ only interferes if there is a conflict between countries and there is no other possibility to solve the problem or conflict without a Court. The ICJ defines a conflict and its rule: disagreement on a point of law or fact, a conflict of legal view or if interests between two persons [25] That definition defines conflicts, but it does no show if it has to be juristically or non- juristically. The interpretation of the definition could also factor in political and social disputes. If it also includes social problems, then there is duty- problem with the International Criminal Court (ICC). Because of this defining problem the cases has to be totally clear and they have to be cases which do not have effects on political and social positive working structures. If they have such effects, then it would not be any more a case of the ICJ, but of the ICC (International Criminal Court). [26] The trial of the dispute has to be separated in two parts, the written and the spoken part (Act 43). Very important in this context is the preliminary objections [27] which could be used before the trial and during the trial from the parties against the Court. The law which is used from the ICJ for decisions is the mentioned international law. The international law gets split in three parts: first the under international law contracts, second general legal principles and third customary international law. Facilities for the ICJ can be already given verdicts or scientific consensus. The second mentioned form was in the past mostly used at national courts and in international law. Nowadays the general legal principles are disappearing and are not used very often. Today the ICJ is using the international law contracts and the customary international law most of the time. [28] The decisions of the ICJ can be obligation or declaratory judgments. The judgment concerns only the disputing parties and the judgment has to be accepted. There is nothing existing which could change that, but under conceivable explanations the trial can be scheduled. If a stated does not follow the guidelines of the judgment, the Security Council can threat and order penalties. [29] The Procedure of Advisory Opinion or Expert Assessment In this procedure the General Assembly and the Security Council of the United Nations can get an advisory opinion from the ICJ. In this context an advisory opinion or assessment means a juristically statement of a case of disputing countries. In the procedure no parties exist and an advisory opinion is in that context essential. The Court has more power over the case and more ways to interfere. This power results out of the advisory opinion, which gets verbalized by the Court for the UN- institutions. A reason why the procedure get used, results out if the not given capacity to sue and be sued of the United Nations. It should be a sort of compensation. The Court is not only checking the advisory opinion, because it has to involve the statements of the requisitioning institution and the statement of the states which are not the main characters of the trial, but they get mentioned. There are some other institutions who are also allowed to ask for an expert assessment, for example the I nternational Labor Organization, the International Atomic Energy Agency or the United Nations Educational, Scientific and Cultural Organization and more. The General Secretary is not allowed to request for an advisory opinion, but different organizations and institutions tried to get the ability to receive that. Up to the present day the ICJ and the people who are responsible for the UN- Charta did not react for this request. The General Secretary has just the possibility to summon the Security Council or the General Assembly to get an advisory opinion. These institutions of the United Nations can request for every question of law, but that is not the common treatment nowadays. [30] To get an expert assessment an institution or another different applicant has to have a question of law for the ICJ. Here is again the problem to separate political and juristically questions, but in this case until today the Court did not find a working consensus. The most of the time the Court decides when it gets the request. The questions do not need any form or structure; they just have to show the problem. [31] When the advisory opinion includes states, then the ICJ do not need the acceptance of these countries for such a request. The Court can make that and there is no different statement in the UN- Charta which would forbid that. But the ICJ cannot make a trial without the agreement of the states that means when the ICJ would make a verdict because of an advisory opinion, the states do not have to agree. If that would happen the ICJ has to refuse the request of an advisory opinion. The procedure of expert assessment belongs like the disputable procedure to the international law. [32] Differences between the ICJ and the Security Council of the United Nations A comparison between the ICJ and the Security Council is important, because they are both main parts of the UN-Charta (Act 7 para. 1). They are on the same level and have the same possibilities, but also their own functions and skills. The main subject of differentiating between the two important institutions is the independence or dependence of the members. A second important point is the difference between the types of procedure, because the ICJ should only work with juristical questions and the Security Council is responsible for political differences. The trials in the ICJ are stricter and more formal. The way to the Court, during and after the Court, has exact guidelines and they have to be accepted from the requesting states. In the Security Council there are more liberties for the involved parties. The states do not have to take care of many responsibilities or formal conventions in comparison to the ICJ. One of the most important differences is the handling with a verdict aft er the trial. If states request at the ICJ they have to accept the verdict and they cannot do anything again. The Security Council gives advice, so the countries do not need to feel compelled it do any action they dislike. The decisions of the Security Council are for the protection of the global peace and the international security. [33] Decisions of the ICJ in the past and its handling The activity of the International Court of Justice is not too rich. In its twenty four years of existence, the I.C.J. has received about fifty cases, rendered judgments in twenty one, and has issued thirteen advisory opinions. [34] In this topic the handling of the ICJ in different cases with disputes should be described. There will be some examples from the past to explain difficult backgrounds and the view of the ICJ. In its judicial activity, as well as in the advisory one, besides the decisions and the advisory opinions delivered, the Court has recorded, every time a decision was rendered or it issued an advisory opinion, numerous individual or separate opinions. Some of these opinions, real juridical masterpieces, are often of particular significance, due to the fact that they insist on some principles and arguments of international law, dissimilar to those which led to the solution rendered by the Court. These individual and separate opinions are regularly presented in extenso [emphasis added] in Recueil des arrest, avis consultatifs et ordonnances [emphasid added]. [35] The decisions of the ICJ did not only help to find solutions in the international context. They also are an expression for the structure of the international law, where it comes from and how it gets handled. International justice, international law and international relations are very young from a historical perspective. The ICJ got established around eighty years ago and the former international tribunals maybe existed twenty years longer. This has many reasons; the world how we know it today, did not exist that way in the nineteenth century. The civilizations changed with the medial facilities for example or the First and Second World War, the forces in the international context changed in that case rapidly. The ICJ had started small and big revolutions in law perspectives, because law was not longer a part of one or two countries, law got global and international. [36] The author of the essay will take the first three cases as examples for the working processes in the ICJ. The Corfu Channel Case [37] The first case of the ICJ handled about the Corfu Channel Case in April 1949. The parties of the trial were the United Kingdom of Great Britain including Northern Ireland and the Republic of Albania. [38] The judges: Acting President GUERRERO; President BASDEVANT; Judges ALVAREZ, FABELA, HACKWORTH, WINIARSKI, ZORIĈIĆ, DE VISSCHER, Sir Arnold MCNAIR, KLAESTAD, BADAWI PASHA, K RYLOV, R EAD, HSU MO, AZEVEDO; M. EĈER, Judge ad hoc. [39] The case started in October 1946 when British ships drove into the Albanian water territories for mine- sweeping without any allowance of the Albanian government. The Albanians left after the Second World
Wednesday, October 2, 2019
Mineko Iwasakis Geisha, A Life :: Mineko Iwasaki Geisha, A Life
Mineko Iwasaki's Geisha, A Life Geisha is a wonderful book for people who want to learn about Japanese culture and the geisha arts. Iwasaki explains the intricacies and politics of the business while telling of her life as a geisha in post-World War II Japan. Reviewer Alyssa Kolsky writes â€Å"there’s something alluring about a book that details the day-to-day minutes of one of the world’s most fascinating, secretive and oldest professions†(74). Mineko Iwasaki is a strong willed woman who becomes the Number One geisha of Kyoto’s top geisha house, the Iwasaki oikya. Starting her career at age five, Mineko quickly gains notoriety and overcomes the hurdles that come with being a geisha. She retires at age 29 after fourteen years as Japan’s most famous geisha. People experienced with Japanese culture might find the narration too simple and straight-forward, but beginners will gain a wealth of knowledge. As Mineko describes her life in the oikya, she also includes the histories of the Gion Kobu district where she lived, and the women in the oikya, along with the details of the social-political structure between geishas, their clients, and the businesses that support the geisha arts. Some readers might also find Geisha a little dispassionate for their tastes. â€Å"Her lack of reflection and tendency toward mechanical description make the work more of a manual than a memoir,†(56) writes Sarah Gold and Mark Rotella. An anonymous reviewer for Kirkus Reviews describes a number of passages as â€Å"quite a mouthful for the uninitiated†(1198). Despite Iwasaki’s writing style, Geisha is a wonderful book for fans of the geisha arts and women rising above obstacles that stand in their way. Resources â€Å"Geisha, A Life (Book)†Kirkus Reviews.
The Market Orientation of Coca-Cola Essay -- Business Management Studi
The Market Orientation of Coca-Cola I had researched the information by contacting the Coca-Cola's customer service help-line for an information pack and by contacting The Coca-Cola Company's Industry and Consumer Affair's officer (Alneka Warren) by email. I have also visited the Business library for further information relating to Coca-Cola and used various textbooks and various web sites from the internet. The two marketing orientations are: 1. Product orientation 2. Market orientation Product orientation This can be defined as "An approach to business which places the main focus of attention upon the production process and the product itself" (Needham & Dransfield 1995). Market orientation Market orientation is defined by Ian Chambers as "A market orientated business is one which continually identifies, reviews and analyses consumer's needs." Market orientation is reflected on the Coca-Cola Company's mission statement: "Consumer demand drives everything we do." Another brief from their mission statement includes "We will serve consumers a broad selection of the nonalcoholic ready-to-drink beverages they want to drink throughout the day." Coca-Coca has an "action orientation", instead of waiting for change to happen it is at the leading edge, driving action forward. Findings A market orientated organisation like Coca-Cola would: ? Know what its customers, consumer, client needs. As they know people like Coca-Cola and want it available to them. ? Understand ...
Tuesday, October 1, 2019
Police Report
Police Report Tomas Gonzalez, University of Phoenix CJA/304 February 26, 2013 Oscar N. Ruiz Police Report There are various types of communication used through the criminal justice process, considering the witness, prosecution, judge, and defense they all have their own element of communication to get their message across effectively and to prove their point. Communication for Prosecution and Defense The type of communication used by the prosecution or defense is typically more formal than informal and consists mainly of verbal communication.Non-verbal communication becomes more prevalent when arguing points in front of a jury. The prosecution may offer a deal or plea bargain to the defense in an effort to avoid the expense and time involved with a trial. If a deal is not offered or reached, it is likely that the case will go to trial. At trial, the judge governs the communication by either the prosecution or the defense. Each party may object to something said by the other and the j udge will rule on if the information is acceptable. The two parties will argue their case to the jury and in doing say may make use of non-verbal communication to try and sway the jury.I like to view it as the difference between an actor acting as though they have tripped (verbal communication) and someone such as Jerry Lewis or Jim Carey using their physical humor to exaggerate or enhance the trip (non-verbal communication). Communication for the Witness and Judge The Judge uses both oral and written forms of communication, written forms usually go to the juries which include instructional sheets on how to be a proper juror and written paper work between both prosecution and defense attorney which can be anything from a warrant to a bail amount.A judge also listens to the oral statements during the case to ensure the case is handled proper and asks questions or controls the prosecution or defense when needed. A judge may also give instructions to the jury during the case, such as a cknowledging a piece of evidence or dismissing one, or dismissing a statement that may contaminate the case and jury. The judge may also hold a person in contempt for acting out in a courtroom or delaying the case, the judge will also make opening and closing statements addressing all those in the courtroom.The Witness will be using oral forms of communication. A witness is a person that has knowledge of the case they are involved in. Their testimony can either help or hurt a defendant. Both the prosecution and defense have witnesses. Written and oral communications are used within the courtroom in the Minnesota v. Riff case. In this case the prosecution has many witnesses that have information implementing Riff for the crime. Once the prosecution asks their questions the defense then has their turn.The defense attorney asks the witnesses questions in regards to what they said when the prosecution asked them questions and they also ask the witnesses their own questions. The defense attorney tries to pick apart the witnesses stories to help his client. The witnesses for the defense team usually tell a different story from the prosecution witnesses. The prosecution then has their time to cross examine. The written communications that are usually presented are the statements that are gathered at the time of the incident.When witnesses are first questioned at the scene they give information such as; the time of the incident, exact details of what happened, and where it happened. Police Report S-3839410 BURGLARY ASSIGNMENT/ARRIVAL At 00:30, Officer Terry Schield was dispatched to investigate a burglary call at Marquette’s Market, which is on the corner of Main Street and First Street in Midtown, Minnesota. INVESTIGATION Officer Terry Schield began his investigation of the burglary and discovered the following: The rear door lock of Marquette’s Market had been smashed open with a heavy blunt object.The cash register drawer had been similarly smashed op en and was empty except for $7. 83 in coin and two checks (one for $10. 00 and the second for $5. 80) In the alley next to the store, Officer Terry Schield found a heavy hammer with fingerprints wiped clean. COMPLAINTANT’S STATEMENT Speedy Marquette the storeowner said that $910. 00 had allegedly been taken from the cash drawer of the register. The money had been placed in a tan cash bag labeled â€Å"Midtown State Bank†. The alleged burglary would have had to occur between 00:00 and 00:25. In the $910. 0 was a Canadian five-dollar bill. WITNESS’S STATEMENT Outside of the Marquette Market Officer Terry Schield found Soapy Waters, the janitor at Mickey’s Diner and Otis Ripple, the baker at Midtown Bakery. Mr. Waters stated that he had seen Ronnie Riff in the area at about 00:20. That Riff had been carrying a tan moneybag and had dropped two dollars from the bag. Riff was wearing blue jeans and a blue band jacket. Mr. Ripple the nightshift baker at Midtown Bakery stated that around 00:15 he had seen someone exit the market by the rear door.The person threw something into the side alley east of the store. Officer Terry Schield took Mr. Ripple to the location and Mr. Ripple found the hammer. When Officer Terry Schield asked to identify who was at the rear door of Marquette Market Mr. Ripple refused to identify the person he saw. Rusty Fender owner of Rusty’s Auto Body had to close his shop at 00:30 because he misplaced his hammer. He stated that at 00:00 he had seen Riff behind the Fenders Body Shop. Mr. Fender identified the hammer found in the side alley east of market as his.Melvin Strongarm stated he played poker with Riff the night of the alleged burglary and stated that Riff won $200. 00 that night. At 00:25, Betty Biddy nurse at Midtown Memorial Hospital and neighbor of Ronnie Riff stated she saw Riff toss away a tan bag. She stated the bag was labeled â€Å"Midtown State Bank. †The bag has not yet been found. C. S harp owner of Sharp’s Music Store stated Ronnie had purchased a guitar for $875. 00 from Sharp’s Music city. Riff paid cash and tried to include a Canadian five-dollar bill in the payment.Guido Concertino owner of the Midtown Dance Magic stated Riff practiced on the guitar worth $900. 00 at the â€Å"Midtown Dance Magic†. References: Rights of the Accused Minnesota v. Ronald Rif: A Criminal Mock Trial. (n. d. ). Retrieved from http://sharepdf. net/view/59954/minnesota-v-ronald-riff-a-criminal-mock-trial Wallace, H. & Roberson, C. (2009). Written and interpersonal communication: Methods for law enforcement (4th ed. ). Upper Saddle River, NJ: Pearson Prentice Hall.
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