Monday, May 25, 2020
Monsters. TheyÃ¢â¬â¢re everywhere, from Sulley in Monsters Inc., to the iconic role of Dracula, to being key figures in literature and film.These creatures are recurring characters due to the reactions they invoke from the audience and other characters of the work. Despite (or due to) their gruesome nature and physical appearance, monsters are able to tap into the spiritual, social, and psychological aspect of people to capture their fascination. The placement of monsters in many stories and films fulfills two main purposes. The first purpose is to serve as the ultimate test of strength and bravery, allowing protagonists to prove their heroic worth and highlight othersÃ¢â¬â¢ inability to properly defend themselves. In Beowulf, there are threeÃ¢â¬ ¦show more contentÃ¢â¬ ¦To humans, monsters are captivating due to their place, or lack of a place, in the human world. These creatures donÃ¢â¬â¢t belong in human society, as they are noticeably different from other creatures and humans with their deformed features and malevolent nature. ThereÃ¢â¬â¢s often curiosity surrounding the unknown, which also explains the fascination with monsters. Monster is a loose term for the many different kinds of creatures that have the same characteristics of being large, ugly, and frightening. However, they vary in their destruction and difficulty, as some could be small-time offenders who rarely encroach on human territory. In Beowulf, Grendel and his mother prove to be quite a challenge to the Danes and the Geats compared to the dragon. This can be attributed to their mysterious origins and nature, as well as the nature of warriors at the time. Grendel and his mother have been isolated from human society for years before coming out to wreak havoc on the Danes. With little to no information on them, itÃ¢â¬â¢s difficult to fight them, especially with their supernatural strength and magic. Traditional methods donÃ¢â¬â¢t seem to work on these demons, as Ã¢â¬Å"the sharpest and hardest iron could not scratch at [Grendel]Ã¢â¬ (lines 801-802). Instead, Beowulf had to fight Grendel himself using his bare hands. Similarly, Beowulf was left to fight GrendelÃ¢â¬â¢s mother without any of his weapons, wrestling with her before fatallyShow MoreRelatedThe Theme Of Fight In Beowulf798 Words Ã |Ã 4 PagesRomane Cadot ELA 12 Theme of Beowulf Theme of fight: First of all I will to give you a definition of fight: Fight means limited engagement in space and time of enemy land, air or naval formations. Learn more about. In the book Beowulf we witness 3 fights, this theme is therefore the articulation of the book. Indeed, these fights that Beowulf delivers, the hero of history, intrigues the reader. Thats why I chose this theme. During the fighting the reader can feel suspense, will the heroRead MoreGood vs. Evil Found in Beowulf807 Words Ã |Ã 3 PagesGood vs. Evil Found in Beowulf In the story of Beowulf, there are many different themes found. Many people argue the main theme found in this story. This has been argued for a very long time and will go on for many more years to come. Although many themes in this story stick out and a main theme will never be accepted, one main theme is very noticeable in the story of Beowulf. The main theme found in Beowulf is good versus evil. Good versus evil is very easy to recognize. Ã¢â¬Å"Some peopleRead MoreTheme Of Heroism In Beowulf1139 Words Ã |Ã 5 PagesÃ¢â¬Å"BeowulfÃ¢â¬ is the oldest surviving poem in Old English Literature. It is an epic poem, which is a narrative poem typically revolving around heroism. The poem emphasizes repetitively on how Beowulf is a hero. He saves countless people from countless monsters, three of which are the main antagonists in the poem Ã¢â¬â a demon, the demonÃ¢â¬â¢s mother, and a dragon. But is saving innocent lives the only factor to justify and determine a personÃ¢â¬â¢s heroism? Throughout the story of Beowulf, the author makes appealsRead MoreThe Epic Of Beowulf By William Shakespeare935 Words Ã |Ã 4 Pageswho s willing to put down his life for the good of others , well Beowulf was both. In the novel Beowulf , to me, the main theme of the entire story is heroism. Beowulf is your knight in shining armor or your fire fighter who goes into a living hell to save a kitten. Heroism is scattered all over this epic poem. Sure paganism and christianity are in it as well as good vs evil but they are not as i would say the backbone of Beowulf. to prove my opinion I shall gather quotes from the epic novel wouldRead MoreBeowulf Movie Critic Essay709 Words Ã |Ã 3 PagesBeowulf Movie Critic Do you envision a strong female role or a male role as your hero? In my opinion the Beowulf movie was a thumbs up, due to Angelina JolieÃ¢â¬â¢s use of seduction and female wiles. Angelina is a critical character who drives the plot. In the movie, her character of GrendelÃ¢â¬â¢s mother overshadows BeowulfÃ¢â¬Ës character as a hero. This is in drastic contrast to the original poem Ã¢â¬ËBeowulfÃ¢â¬â¢ because in the original, women were not valued and they had no important role. GrendelÃ¢â¬â¢s mother differsRead MoreBeowulf As An English Poem1321 Words Ã |Ã 6 Pages1000, was Beowulf. The copy of Beowulf was actually dated to the years around 1000, in the time that was rich in Anglo-Saxon literature (pg. 107). During the ninth century, Beowulf was translated by Seamus Heaney, which is the one that it is mostly known now. Although Beowulf is seen as an English poem, its subject matter is not about English people. Its purpose was to express the idea of honor, good, and the be lief in God. Furthermore, its principles were about defeating the monsters with the powerRead More Essay Comparing Beowulf and The Saga of King Hrolf Kraki976 Words Ã |Ã 4 PagesBeowulf and The Saga of King Hrolf Kraki Ã Ã Ã There are so many similarities between the hero of the poem Beowulf and The Saga of King Hrolf Kraki, an Iceland saga representing 1000 years of oral traditions prior to the 1300Ã¢â¬â¢s when it was written, that these similarities cannot be attributed solely to coincidence. Ã The Cambridge History of English and American Literature states that the hero of the poem, Beowulf himself, may be the same person as Bodvar Biarki, the chief of HrolfrRead MoreEssay on Beowulf study guide1576 Words Ã |Ã 7 Pages1) Describe how we find King Hrothgar and his response to learning that Beowulf has come to his kingdom. A. The king is sad and depressed that his kingdom has fallen into such a state of disrepair. He is overjoyed to learn that Beowulf, whom he knows from stories and his father, Ecgtheow, has come to fight Grendel. Hrothgar promises Beowulf treasure if he can defeat the monster. 2) In the beginning of Ã¢â¬Å"Beowulf,Ã¢â¬ King HrothgarÃ¢â¬â¢s hall has been deserted for twelve years. In a short essay, tell whyRead MoreBeowulf As A Modern Hero Essay794 Words Ã |Ã 4 Pagesremembered whereas today, things have shimmered down. BeowulfÃ¢â¬â¢s effectiveness as a modern-day hero has taught us something that will stick forever, loyalty, courage, and bravery. Beowulf has many characteristics that portray what is found in the Christian religion. What makes his personality so static is not only the want that Beowulf has for fame, but also the actions and responsibilities that he takes on along with that task. Doing this or the reputation that he also has the need to desire, he has a deeperRead MoreTheme Of Good And Evil In Beowulf882 Words Ã |Ã 4 PagesIn the epic poem, Beowulf, perhaps the most important theme seen throughout is the portrayal of good and evil, and how this portrayal impacts the story. The epic poem is about an epic hero, Beowulf, who is completely thought of as a good character and a strong warrior. The unknown author of this poem makes Beowulf out to be, ultimately, a glorified killer of the perceived monsters. However, the poem in and of itself is an opinionated story which gives the bare amount of opposition to show that perhaps
Thursday, May 14, 2020
The Argonauts, in Greek mythology,Ã are the fiftyÃ heroes, led by Jason,Ã whoÃ sailed on a ship called the ArgoÃ on a quest to bring back the Golden Fleece around 1300 BC, before the Trojan War.Ã Ã The Argonauts got their name by combining the name of the ship, Argo, named after its builder, Argus,Ã with the ancient Greek word, naut, meaning voyager.Ã The story of Jason and the Argonauts is one of the best-known tales of Greek mythology. Apollonius of Rhodes In the 3rd century B.C., at the multicultural center of learning at Alexandria, in Egypt, Apollonius of Rhodes, a well-known Greek author,Ã wrote a famous epic poem about theÃ Argonauts. Apollonius named his poemÃ The Argonautica. It begins: (ll. 1-4) Beginning with thee, O Phoebus, I will recount the famous deeds of men of old, who, at the behest of King Pelias, down through the mouth of Pontus and between the Cyanean rocks, sped well-benched Argo in quest of the golden fleece. According to the myth, King Pelias in Thessaly, who usurped the throne from his half-brother King Aeson, sent Jason, son of King Aeson and the rightful heir to the throne, on a dangerous quest to bring back the Golden Fleece,Ã which was held by Aeetes, king of Colchis, in an area located at the eastern end of theÃ Black SeaÃ (known in Greek as the Euxine Sea).Ã Pelias promised to give up the throne to Jason if he returned with the Golden Fleece, but didnt intend for Jason to return, since the journey was perilous and the Golden Fleece was very well-guarded.Ã Jason gathered together the noblest heroes and demigods of the time, packed them on board a special boat called the Argo, and the aptly-named Argonauts set sail. They engaged in many adventures on their way to Colchis, including storms; an adversarial king, Amycus, who challenged every passing traveler to a boxing match; Sirens, monstrousÃ sea-nymphs who lured sailors to death with their song; andÃ Symplegades, rocks that could crush the boat as it passed through them. Several of the men were tested in different ways, prevailed, and enhanced their heroic status during the journey.Ã Some of the creatures they encountered appear in other stories of the Greek heroes, making the story of the Argonauts a central myth. Apollonius of RhodesÃ gives us our most complete version of the Argonauts, but the Argonauts are mentioned throughout ancient classical literature. The list of the heroes varies somewhat depending on the author.Ã The list of Argonauts by Apollonius of RhodesÃ includes such luminaries as Hercules (Heracles), Hylas, the Dioscuri (Castor and Pollux), Orpheus, and Laocoon.Ã Gaius Valerius Flaccus Gaius Valerius Flaccus was a first century Roman poet who wrote an Argonautica in Latin. Had he lived to complete his twelve-book poem, it would have been the longest poem about Jason and the Argonauts. He drew on Apollonius epic poem and many other ancient sources for his own poem, of which he completed barely half before he died. Flaccus list includes some names that arent on Apollonius list and excludes others. Apollodorus Apollodorus wrote a different list, which includes the heroine Atalanta, whom Jason denied in Apollonius version, but who is included by Diodorus Siculus, the first century Greek historian who wrote the monumentalÃ universal history, Bibliotheca historica. ApollodorusÃ list also includesÃ Theseus, who was previously engaged in Apollonius version. Pindar According toÃ Timeless Myths,Ã the earliest version of the list of Argonauts comes from Pindar Pythian Ode IV. Pindar was a poet of the 5th-6th century BCE. His list of Argonauts consists of:Ã Jason,Ã Heracles, Castor, Polydeuces, Euphemus, Periclymenus,Ã Orpheus, Erytus, Echion, Calais, Zetes, Mopsus. Verification of Myth Recent discoveries by geologists from Georgia suggest that the myth of Jason and Argonauts was based on an actual event. The geologists researched geological data, archaeological artifacts, myths, and historical sources surrounding the ancient Georgian kingdom of Colchis and found that the myth of Jason and the Argonauts was based on an actual voyage that took place 3,300 to 3,500 years ago to obtain the secrets of the ancient gold extraction technique used in Colchis using sheepskin. It seems that ColchisÃ was rich with gold which the natives mined with special wooden vessels and sheepskins. A sheepskin embedded with golden gravel and dust would be the logical source of the mythical Golden Fleece.Ã Ã Resources and Further Reading Jason and the Argonauts Through the Ages, Jason Colavito,Ã http://www.argonauts-book.com/ List of the Argos Crew, Timeless Myths,Ã https://www.timelessmyths.com/classical/argocrew.html Evidence Suggests Jason and the Golden Fleece Was Based on True Events,Ã http://www.sciencealert.com/new-evidence-suggests-jason-and-the-golden-fleece-was-based-on-true-eventshttp://www.sciencealert.com/new-evidence-suggests-jason-and-the-golden-fleece-was-based-on-true-events
Wednesday, May 6, 2020
[pic] Strategic Marketing Plan for Water Mart Systems (Pvt.) Ltd [pic] Index Page |1.0 INTRODUCTION |3 | | 1.1 - Definitions for marketing |3 | | 1.2 Ã¢â¬â The role and the importance of marketing in strategic planning |3 | | 1.3 - Introduction to the company Ã¢â¬â Water Mart Systems (Pvt.) Ltd |5 | |Ã¢â¬ ¦show more contentÃ¢â¬ ¦CONCLUTION |20 | | | | |7. REFERENCES |21 | 1. INTRODUCTION 1.1 - Definitions for marketing American Marketing Association (AMA) defines marketing as Ã¢â¬Å"Marketing is an organizational function and a set of processes for Creating, communicating and delivering value to customers and for managing customer relationships in ways that benefit the organization and its stake holdersÃ¢â¬ (Source: Kotler, Philip Keller, Kevin Lane Ã¢â¬Å"Marketing ManagementÃ¢â¬ , 12th Edition, Prentice-Hall Inc, 2006, p 6) The Chartered Institute of Marketing (CIM), which is the worlds largest marketing body, defines marketing as The management process responsible for identifying, anticipating and satisfying customer requirements. (Source: http://en.wikipedia.org/wiki/Marketing) 1.3 Ã¢â¬â The role and the importance of marketing in strategic planning Planning at the corporate level (Strategic planning) sets the stage for the rest of the planning of the firm. StrategicShow MoreRelatedMarketing Mix Of The Waters Bottling Company1434 Words Ã |Ã 6 PagesMarketing is the process of communicating and presenting products and services to the consumers. The main function of a company is to make sure that there is a concentrated marketing plan. Establishing a well-functioning marketing plan will go a long way into implementing viable competitive strategies for an organization (Walker, 2003). If the marketing department is properly in place, the company will be able to get a better positioning within the market and this will help satisfying customers andRead MoreCoca Col A Non Alcoholic Innovation Of The Famous Vin1396 Words Ã |Ã 6 Pagesdyspepsia. A couple years later, Coca Cola was being sold by three separate companies and a verbal partnership was formed. Now, It also has licensed agreements to produce and sell DPSG (Dr Peppe r Snapple Group) products in North America. They have a joint venture with Nestle that sells Nestea products in Europe, Canada and Australia and a strategic partnership (owning 50%) with the company Aujan Ã¢â¬â which is the largest beverage company in the Middle East. During the first year, nine coca cola bottles wouldRead MoreMarketing Plan For Coca Cola Essay912 Words Ã |Ã 4 Pages Coca Cola has a diverse mixture of products in their portfolio, which includes carbonated soft drinks, juice drinks, water beverages, liquid flavor enhances, sports drinks, teas, coffee drinks, low and no calorie drinks, caffeine free drinks, gluten free drinks, and low sodium drinks (Coca-Cola, 2015). Moreover, their product list consists of 20 different brands, which include: Coke, Fanta, Sprite, Vitaminwater, Powerade, Minute Maid, Simply, and Fuze to name a few. (Schaefer, 2016). UniquelyRead MoreCoca Cola Comprehensive Marketing Plan930 Words Ã |Ã 4 PagesRunning head: COCA-COLA COMPREHENSIVE MARKETING PLAN 1 COCA-COLA COMPREHENSIVE MARKETING PLAN 2 Coca-Cola Comprehensive Marketing Plan Hieu Le Columbia Southern University Coca-Cola Comprehensive Marketing Plan Industry Analysis Coca- Cola is a world largest soft drinks company, which holds approximate 62 percent of the market share. The firm owns most popular brands like Coke, Sprite, Dr. Pepper, and Fants. Additionally, Coca-Cola has added other exotic brands include Powerade and DasaniRead MoreCoca-Cola on Operations Management1463 Words Ã |Ã 6 Pagesup to $50 annual revenue. Today products of The Coca-Cola Company are consumed at the rate of 1.6 billion drinks per day and more. The Coca-Cola Company itself not only is a beverage company for one drink but also engages in the manufacturing, marketing and sales of nonalcoholic beverages worldwide. They own and market more than 500 nonalcoholic beverage brands, mostly concentrating on sparkling beverages but also drinks such as water, juice, ready to drink coffee and tea, energy drinks, sportsRead MoreStrategic Analysis Of Coca Cola Company Essay2184 Words Ã |Ã 9 PagesThis paper is a strategic analysis of The Coca-Cola Company (Coca-Cola), who along with its global partner operations is widely considered as a leader in the non-alcoholic beverage industry. Coca-Cola is the worldÃ¢â¬â¢s leading soft drink maker and operates in more than 200 countries and owns or licenses more than 500 brands of soft drink beverages globally. The company is facing many challenges in todayÃ¢â¬â¢s market because of forces such as the availability of natural resources, socio-economic trends andRead MoreSwot Analysis Of Co ca Cola Company1249 Words Ã |Ã 5 PagesEsteban D. Romero PHL/320 March 23, 2016 Dr. David Aiken Company Overview The Coca-Cola Company is a leading giant in the soft drink manufacturing industry. The company creates, produces, distributes and markets non-alcoholic beverage syrups and concentrates to bottlers worldwide to produce soft drinks, and artificially carbonated beverages. The Coca-Cola Company boasts more than 500 brands, including waters, juice drinks, and ready-to-drink coffees, teas, and energy and sports drinksRead MoreCoca Cola And The Carbonated Soft Drink1674 Words Ã |Ã 7 PagesIntroduction Coca-Cola Company and PepsiCo are two industry leaders in the carbonated soft drink (CSD) industry and are strong rivals of each other in the worldÃ¢â¬â¢s beverage market. From 1975 to the mid-1990s, both companies achieved a steady growth rate of 10% in terms of revenue. Between 1970 and 2000, CSD consumption grew by an average of 3% due to the fact that there were more varieties of carbonated drinks along with many flavored drinks. There were also many substitutes widely available in portableRead MoreWhat Is the Role of Strategic Marketing in an Organization? Discuss the Role of Strategic Marketing at Coke After 2000.1927 Words Ã |Ã 8 PagesWhat is the role of strategic marketing in an organization? Discuss the role of strategic marketing at Coke after 2000. Strategic Marketing can help you make sure you choose the right products and services that your consumers need. A marketing strategy looks at all aspects of selling activities, helps each strategy support the next and makes sure all departments involved are aware of what the others are doing. Strategic Marketing is a way in which the firm capitalizes its current and potentialRead MoreProduct Development and Marketing Mix2212 Words Ã |Ã 9 PagesProduct Development And Marketing Mix. * Mountain Dew Product in Nigeria. . . . . . . . . . . . . . . BY: Peter Isimhanze, Tuesday, June 26, 2011. Table of Content IntroductionÃ¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦. 1 Brief on Seven-up Bottling Company PlcÃ¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦... 3 * CompanyÃ¢â¬â¢s Product MixÃ¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.. 5 * CompanyÃ¢â¬â¢s Marketing StrategiesÃ¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦... 6 The Product Ã¢â¬â Ã¢â¬Å"Mountain DewÃ¢â¬ Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦ 7 Product MixÃ¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦
Tuesday, May 5, 2020
Question: Despite recent developments in the field of Litigation, parties embroiled in an oil and gas dispute still prefer to choose International Commercial Arbitration as a preferred method of resolving their disputes. Answer: When it comes to the oil and gas industry the operations may be classified as intricate, unsafe and costly operations and they generally keep going on for quite an extended period of time. Given the nature of the work undertaken by this industry, special contracts are utilized in overseeing connections among different parties occupied with these operations. Inferable from the intricacy of operations and relations between different elements, the oil and gas industry is inclined to different sorts of disputes (Bowman, 2001). Disputes might emerge in territories, for example, worldwide maritime boundary claims; equipment-related claims; claims over jurisdiction; master determination; claims identifying with amount and nature of merchandise; insurance issues and sometimes hedging (Connerty, 2002). Thus, to ensure that none of the above reasons or more hampers the progress of oil and gas operations it is essentially important to remember that proper methods for determining such disputes a re concurred by the involved parties. It may be stated that the parties involved in oil and gas industry decide to go for agreed dispute determination (ADR) instead of alluding those disputes to national courts. ADR in some jurisdiction is known as alternate dispute resolution. ADR generally alludes to all methods for dispute settlement other than litigation which incorporates mediation, arbitration, expert determination, negotiation arrangements as well as conciliations This article is separated into three principle segments. In the principal segment the researcher talks about the two important types of arbitration. In the second segment, the components and contrasts of the significant international arbitral foundations are highlighted. The basis of the paper is the third segment which centers the discourses on the variables which make international arbitration more desirable over litigation, especially in the context of oil and gas industry disputes. The exposition infers that, the international arbitration is preferred to litigation in the oil and gas industry due its nonpartisanship, economy, simplicity in terms of implementation and time. Arbitration is likewise supported in light of the fact that it is viewed as non adversarial and it maintains all forms of confidentiality. Additionally it provides the parties the much necessary aspect of self autonomy when it comes to the determination of their dispute. Arbitration is a type of ADR which permits differences between two parties to be determined outside of the traditional court framework. In an arbitration case the parties to a dispute will allude it to one or more persons -more commonly known as the "judges" or an 'arbitral tribunal'. it is by the choice of these judges or arbitral tribunals that that parties in question involved in the dispute consent to be bound. International business arbitration can either be institutional or ad-hoc arbitration. While under the institutional arbitration process, the parties forming the dispute consent to present a dispute for the process of determination by a specific arbitral organization, the ad-hoc arbitration procedure is not administered by an establishment (Shuman-Powell, Esq., 2010). There are several advantages of institutional arbitration. First, it incorporates the accessibility of pre-built up standards and procedures which guarantee the arbitration procedures start in an opportune way. Further advantages incorporates administrative help from the foundation, which as a rule gives a secretariat or court of arbitration; a rundown of qualified mediators to browse; help with urging hesitant parties to continue with arbitration; and a set up arrangement with a demonstrated record (Martin and Anshan, 2001). Regardless of its advantages, institutional arbitration has a few negetive sides which incorporate administrative charges for governance and utilization of the offices, which can be significant if there is a substantial sum in dispute which often becomes more than the real sum in dispute. In these conditions, the organization from inside of the foundation, can lead to defers and additional expenses. Moreover the required time for the process is often considered to be unrealistic (Al-Barashdi, 2015). In ad hoc arbitration, parties to the disputes choose authorities and standards outside the built up arbitrations. One of the advantages of ad hoc arbitration is the fact that it is very cost effective (Blanke, 2008). In ad hoc arbitration there are no charges payable to arbitral establishment and charges payable to mediators are arranged specifically between the parties and judges. Likewise, ad hoc arbitration is thought to be adaptable as it permits parties to decide a few angles, for example, decision or surrounding of tenets, decision of venue and referees. Practically speaking, ad hoc arbitration is proper for settlement of disputes identifying with small claims or poor parties (Stanley, 2012). The major disadvantages of the Ad hoc form of arbitration is the it has a tendency to depend on the parties willingness to agree upon the arbitration procedures foregoing the fact that they are already in a dispute. Moreover, if the parties previously have had disagreed to the terms of arbitration before the onset of the dispute, it remains very unlikely that they would agree to the same after the onset of the dispute. Thus in such cases, the dispute resolution gets halted and the parties have no other option left but to go for litigation processes (Stanley, 2012). International arbitration is considered to be a popular method of dispute resolution especially in the oil and gas industry. Here onwards the researcher would describe the different reasons that make this procedure a more preferable method as compared to litigation. Oil and gas contracts as often as possible include parties from various national jurisdictions. In practice, it is often noticed that the contracting parties remain unwilling to be subject to the national jurisdiction of another country or party which is likely to happen if the parties were to present a dispute to the courts of the host country (Ewing, 2014). With a specific end goal to stay away from a 'nation of origin point of interest' of the other party, it is normal for parties to choose arbitration as a means of dispute resolution for the lack of bias of the forum18. Under arbitration, parties concur in the agreement or after the dispute has emerged for nonpartisan arbitrators (McArthur, 2014), unbiased arbitral institution (Bergsten and KroÃÅ'Ãâ ll, 2011), impartial tenets and nonpartisan seat of arbitration (Lew et al., 2003). So as to guarantee the lack of bias of arbitrators, the ICC Rules requires that "in affirming or naming authorities, the Court might consider the planned mediator's nationality, home and different associations with the nations of which the parties or alternate judges are nationals." (Moses, 2008). This necessity is started on the regular law rule of nemo debet esse judex in propria causa, that is, nobody can be a judge in his own particular case (Schwarzenberger, 2012). The fundamental objective is to guarantee that the chosen arbitrators are fair-minded and autonomous in their choice. The International Bar Association (IBA) Rules of Ethics for International Arbitrators obliges judges to be free from bias (Kurkela and Snellman, 2005). These Rules go further to give components of predisposition in particular favoritism and dependence (Kyungbae, 2008). Impartiality or absence of autonomy with respect to a mediator is a ground for testing the arbitrator on the basis of public policies ( Kumar, 2014). Like all other ADR processes, Arbitration provides the involved parties with a level of autonomy. When it comes to the principle, the autonomy related to parties is considered to be the fundamental principle. International commercial Arbitration values their fundamental principle related to the party autonomy. However, in both international and national laws regarding arbitration has included the principle of party attorney in it. As per Article 19 of UNICITRAL Model law, subject to the provision of this Law, the Parties are free to agree on the procedure to be followed by arbitral tribunal in conducting the proceedings (UNCITRAL, 2007). The arbitration act of United Kingdom has recognized the issue of the freedom of parties regarding the solution through which they can easily solved their dispute. Parties have the right to choose their own arbitrators. But these rights to the parties are limited only in ad hoc arbitration and in institutional arbitration. Not only that, but the part ies are also free to choose the seat of their arbitrators and also the law of arbitration which will govern the proceedings. The governing law of arbitration is also known as lex causae (Landolt, 2006). There are cases in institutional arbitration, where the parties also failed to choose not only their arbitrator but also the seat of arbitration. However, in such instances, the arbitral institution is liable to choose the arbitrator and the seat of arbitration on behalf of their parties. The important part of this act is that the arbitrators who are being chosen are the expertise from the oil and gas industry. On the other hand, it is also not necessary that the magistrates and the judge need to be expert in the industry. Various laws are provided under national law. One of them is important where the law states that the judge will be appointed by the state and the rules which will be applicable are also be promulgated by the state. Moreover, the venue will be decided by the jurisdi ction (Weiler, 2005). Thus, where the argument arises regarding any proceedings in court litigation is considered to be formal in nature and it is also adhere to the chosen procedure of the law. However, the parties do not have any control over the litigation procedure. The case can only be controlled by some of the specific individual namely: judge, representative of the parties in oil and gas disputes. Various factors are prevailed for which the preference of arbitration is much more compare to litigation. This is because litigation is more expensive that the arbitration. Apart from the cost effectiveness, litigation also has another important disadvantage that it is very time consuming. Fees payable to the appointed advocates or may be appointed barriers are the reason of increasing the cost in case of litigation. The court process gets lengthy as there prevail various appeal proceeding. However, there is also some controversy regarding this topic. Some of the people believe and also stated that arbitration is not at all cost effective in nature compare to litigation in cases of international arbitration. Parties who are related to the gas or oil dispute always consider the time that is being taken for their legal proceedings (McArthur, 2014). This is because within the consumed time the dispute will get resolved. The time of consumption of an arbitral proceeding is less because t he discovery level is low. Moreover, all the awards are non-appealable in nature but there are also some exceptional cases for it. It is also stated by many researcher that arbitration is more advantages compare to litigation. One of the main features of ADR processes is that the proceeding related to ADR processes are kept confidential. Parties who are under the arbitration agreement always agree to keep the documents related to the proceeding including the evidences and also the orders as confidential (Mourre, 2008). Thus, this act as an advantage on the part of the arbitration compare to litigation. In case of Litigation, the documents, evidences and every other thing related to the proceeding are open to public save in most of the cases. The power is being given upon the third party regarding the privacy of the arbitration process and they has ability to access the proceedings and also the ability to disclose the facts of the arbitration proceeding (Alqurashi, 2005). However, they are not liable to take the consent of the parties before disclosing the facts to the public. The controversy arises regarding the confidentiality of the arbitration proceeding from various factors which are being already disc ussed above. But it is also true that the arbitration proceedings are not confidential because information resulted from the proceedings may become public in future. Thus from the above discussion it may be inferred that there are several different reasons because of which individuals who are party to oil and gas contracts would prefer arbitration as a means to dispute resolution as compared to opting for litigation. in a nutshell, it may be stated that arbitration helps by choosing a neutral venue for the dispute resolution process and the arbitrators are also individuals who have no connection with the host country or the disputed country. In short, neutrality is strictly maintained even in the case of the arbitrators (Martin and Anshan, 2001). Most importantly, arbitration is considered to be a non-adversarial method that helps in dispute resolution and is premised upon the need for the two parties to come to a situation that takes into account both their benefits. This helps the parties involved to maintain a good relationship with one another even after the dispute resolution process has ended. This is considered to be the most crucial issue since it ensures that the continuity in oil and gas operations is successfully maintained. References Al-Barashdi, S. (2015). The efficiency of alternative dispute resolutions in the Oil and Gas Industry. International Journal of Administrative and Business Studies, 1(2), pp.41-44. Alqurashi, Z. (2005). International oil and gas arbitration. [Place of publication not identified]: Alexander's Gas Oil Connections. Bergsten, E. and KroÃÅ'Ãâ ll, S. (2011). International arbitration and international commercial law. Alphen aan den Rijn, The Netherlands: Kluwer Law International. Blanke, G. (2008). Institutional versus Ad Hoc Arbitration: A European Perspective. ERA Forum, 9(2), pp.275-282. Bowman, J. (2001). Dispute Resolution Planning for the Oil and Gas Industry. ICSID Review, 16(2), pp.332-407. Connerty, A. (2002). Dispute Resolution in the Oil and Gas Industries. Journal of Energy Natural Resources Law, 20(2), pp.144-171. Ewing, S. (2014). Best of the oil gas law colloquium. Mechanicsburg, Pa.: Pennsylvania Bar Institute. Kumar, L. (2014). The Independence and Impartiality of Arbitrators in International Commercial Arbitration. SSRN Electronic Journal. Kurkela, M. and Snellman, H. (2005). Due process in international commercial arbitration. Dobbs Ferry, NY: Oceana Publications, Inc. Kyungbae, K. (2008). A Study on the Impartiality and Independence of Arbitrators. journalofarbitrationstudies, 18(1), pp.31-47. Landolt, P. (2006). Modernised EC competition law in international arbitration. The Hague: Kluwer Law International. Lew, J., Mistelis, L. and KroÃÅ'Ãâ ll, S. (2003). Comparative international commercial arbitration. The Hague: Kluwer Law International. Martin, J. and Anshan, M. (2001). Alternative dispute resolution for oil and gas practitioners. Chicago, IL: Section of Environment, Energy, and Resources. McArthur, J. (2014). Oil and gas implied covenants for the twenty-first century. New York: Juris. Moses, M. (2008). The principles and practice of international commercial arbitration. Cambridge: Cambridge University Press. Mourre, A. (2008). The Set-off Paradox in International Arbitration. Arbitration International, 24(3), pp.387-404. Newman, L. and Hill, R. (2008). The leading arbitrators' guide to international arbitration. Huntington, N.Y.: Juris Pub. Schwarzenberger, G. (2012). International law as applied by international courts and tribunals. 10th ed. London: Stevens. Shuman-Powell, Esq., R. (2010). Hamilton v. Burr: An Alternative Dispute Resolution Perspective. SSRN Electronic Journal. Stanley, C. (2012). Traps for the unwary: the pitfalls of ad hoc arbitration. Trusts Trustees, 18(4), pp.332-340. Weiler, T. (2005). International investment law and arbitration. London: Cameron May. Won-Suk Oh, and Yongil Kim, (2009). A Comparative Study on the Institutional Arbitration and Ad Hoc Arbitration. journalofarbitrationstudies, 19(1), pp.25-44. www.uncitral.org. (2007). UNITED NATIONS UNCITRAL Model Law on International Commercial Arbitration. [online] Available at: https://www.uncitral.org/pdf/english/texts/arbitration/ml-arb/07-86998_Ebook.pdf [Accessed 26 Mar. 2016].
Friday, April 10, 2020
Constitutional Republic Between 1787 and 1791 the Framers of the US Constitution established a system of government upon principles that had been discussed and partially implemented in many countries over the course of several centuries, but never before in such a pure and complete design, which we call a constitutional republic. Since then, the design has often been imitated, but important principles have often been ignored in those imitations, with the result that their governments fall short of being true republics or truly constitutional. The Framers of the Constitution tried very hard to design a system that would not allow any one person or group within the government to gain too much power. Personally, I think they succeeded. In order to guard against what one of the Founding Fathers called an excess of democracy, the Constitution was built with many ways to limit the government's power. Among these methods were separating the three branches, splitting the legislature so laws are carefully considered , and requiring members of Congress to meet certain criteria to qualify for office. The Founders did leave a few problems along with their system. Separation of power was very effective. The three branches of government (executive, legislative, and judicial) are kept separate, and each has different powers. Congress has legislative, or law making, powers. Legislative powers are further divided between two legislative bodies. The President has the power to carry out, or execute, the laws. Lastly, the Judicial branch had the judging power, used to interpret the laws. Some powers were delegated to the central national government, while others are reserved to the component states or the people. In addition, each branch is able to restrain or balance the powers of the other two branches upon abuse of their power. If the President is suspected of unlawful acts, he can be impeached, or tried by the Senate for misusing his power. The Senate has the sole power to try all impeachments. If he is found guilty, he can be punished but his sentence can be no more than being thrown out of office and being forbidden to hold any government office. Furthermore, if the President wants to spend money, his request must pass through Congress, since it has control over spending. Lastly, Congress can re-pass a bill that was vetoed by the President. Congress also has checks and balances against itself. The President can veto a bill from Congress, and although Congress can override a veto, obtaining a two-thirds vote to do so is very difficult. Public speeches by the President may also concern the public with an issue, putting pressure on Congress to act upon it. The Judicial branch exerts control over the other two by deciding whether or not actions made by the President or Congress, i.e., laws are constitutional . The limitations on and difficulties of passing laws are very, very important. The split legislature creates a more complicated maze through which laws must find their way before being passed. First, a law must be introduced in either the House of Representatives or the Senate, the former having sole power to introduce laws concerning revenue. After the law is introduced, it must be approved by the other house, who may agree with, amend, or discard the law. Once both houses have agreed on the law, however, the President must approve it. If he does not, he may also amend it and return it to its originating house for reconsideration. If both houses then agree on the amended bill by a two third majority vote, it can be passed. The bill also becomes a law if the President does not return it to Congress within ten days (except Sundays) of his receiving of it. The labyrinth of Clerks, which is not even mentioned in the Constitution, makes law passing far more difficult, resulting in only th e passing of laws that have been extremely carefully considered. The reason that Congress is careful is because they are responsible for deciding matters that will have a great impact on the country. The President is able to make decisions quickly in order to react to urgent matters in a timely fashion, for example, not too long ago, Bill Clinton ordered an attack on Afghanistan, it
Monday, March 9, 2020
Animal rights essays Many humans use animals for testing each year. Animal testing is when the animals are put through something or injected to see how they react to what medical research they have been used for. There are three very important reasons why animals should not be used for testing harmful or dangerous materials. One of these is that testing and its use is trivial in the cosmetic industry. The second reason is that animals have rights and animals can feel pleasure and pain just as humans do. The third reason is that testing is cruel and unusual. Another reason is that animal testing and its use is trivial in the cosmetic industry. Testing on animals for the cosmetic industry is not necessary because they have many other ways to find out if it harms the human race. The testing that goes on is harmful to the animals and can cause serious side effects. The cosmetic companies hold down bunnies in vices and spray the cosmetics into their eyes to see if it causes them redness, stinging, or even blindness. They also have baboons strapped down with their heads in vices to do certain tests on them. Animals are also used by pharmaceutical companies to produce drugs and health supplements. They estimate that 17 to 22 million animals are used each year for medical research, and these estimates do not include rats, mice, fish, and farm animals. That means that 90% of all research animals are not included in the statistics. Too many animals are being tested and they do not even need to use the animals for these tests. They ca n use computer software materials and get the same results. One more point is that animals do have rights. The activists of the animal rights movements do not claim that animals are the moral equivalent of humans, just that their feelings deserve some consideration. Animals are just as alive as we are and they follow the course as we do, they find food, they produce offspring, they overcome challenges, theref ...
Saturday, February 22, 2020
Questions from School Law and the Public School Book - Assignment Example A state that promotes liberty and free will knows when not to mix state affairs with religion. Separation of church and state is paramount in bringing up a society that respects freedom of religion, and which enables people to tolerate othersÃ¢â¬â¢ religions. The state therefore must not side with one religion over another, or promote the creeds of one religion over another. Although all religions should be taught in schools, the government should not foster the spread of certain religions over others. Students should be given the freedom to choose which religion to belong to, without their schools indicating support of any religion. In the first situation, allowing the Local Church Association to donate a copy of the Ten Commands to be placed in the hallway would be a plus for students who profess that religion. However, it is discriminatory because it highlights the basic teachings of that religion over other religions. It indicates a preference of that religion, which would not be taken very kindly by students whom it does not represent. Placing the Ten Commands in the hallway of the school symbolizes an endorsement of that religion by the school administration. Additionally, the act may influence students to follow the commands and profess the beliefs of that religion. Therefore, the act violates Establishment Clause of the First Amendment to the United States Constitution. It fails the three prongs of the Lemon test in that it does not have a secular legislative purpose. Secondly, it has a primary effect of advancing that particular religion. Thirdly, it results in Ã¢â¬Å"excessive government entanglementÃ¢â¬ in that it displays direct contact with church authorities (Essex, 2011). In the second situation, applying the lemon test would render starting a Bible club in School a violation of the Establishment Clause. This stipulates that the school is not allowed to establish any religious group including a church. Since the religious group in the school would promote particular religious precepts, this implies that the wellbeing of other religions would be compromised. Furthermore, it is worth appreciating that the school program is already established. Arguably, fixing the religious club as one of the options that students have during the clubÃ¢â¬â¢s period implies that the school administration considers it equally important and would actually give it an opportunity when given a chance. This contravenes the provisions of the lemon principles that prohibit the government from advancing or inhibiting religion. In the third situation, I would give the non denominational a chance to conduct prayers on a rotational issue, just like the previous principal. From the outlook, the school community is appreciative of religion and does not force its members to participate in the prayers. Furthermore, the prayers do not unfairly promote the beliefs, values and practices of a single region. This is consistent with the provisions of the Est ablishment clause that seeks to uphold the respective state of affairs (Essex, 2011). Question 2 Although the school is responsible for providing religious education, it should not promote the religious precepts of any particular religion. In addition, the students should be at liberty to choose which religious principles to support and promote. Relative decisions need to be personal and should not be influenced by the school admini