Monday, September 30, 2019
The Speaker’s Importance in Poetry
The speaker can be the most important aspect of a poem. The speaker allows for a more active voice in the poem, and can often serve as a mouthpiece to communicate the ideas of the poet to an audience. Much like an actor, the speaker can tell or act out a first-hand account of what occurs. The speaker is also a voice that can provide another perspective. With evidence from ââ¬Å"Dulce et Decorum Est,â⬠ââ¬Å"A Man Who Had Fallen Among Thieves,â⬠and ââ¬Å"The Man He Killed,â⬠this essay will highlight the similarities and differences of a speaker to help establish the definition of a speaker.It will be shown how speakers serve a variety of roles in poetry, and can help readers gain a better understanding of universal issues. The speaker in ââ¬Å"A Man Who Had Fallen Among Thieves,â⬠takes on the role as a Good Samaritan for a man in need of help and abandoned by others. The speaker acknowledges societyââ¬â¢s unjust acts against a man who ââ¬Å"lay by the ro adside on his back dressed in fifteenthrate ideasâ⬠(16). The speaker tells of citizens who ââ¬Å"graze at pause then fired by hypercivic zeal sought newer pastures,â⬠and left the weak man to go elsewhere (17).The speaker, the Good Samaritan, rescues the punished man while the other citizens deny assisting the helpless man. While the poem illustrates themes like the importance of doing the right thing despite oneââ¬â¢s own desires, the speaker serves as a voice to reiterate the point the poet wants to communicate to the audience. Because of the speaker, this poem offers a more of a realistic point of view and a different perspective from the citizens and the helpless man.Using powerful and graphic diction in such lines like ââ¬Å"of pinkest vomit out of eyes,â⬠to describe emotions throughout the poem, the speaker helps to stir up emotions within the reader by offering a vivid first-hand account of the situation (17). Like the speaker in ââ¬Å"A Man Who Had Fal len Among Thieves,â⬠the speaker in â⬠The Man He Killed,â⬠uses vivid imagery to illustrate his feelings, helps to communicate the writerââ¬â¢s ideas to an audience, and offers a first-hand account of what is occurring in the poem. The speaker talks about his own confusion.He is confused because he cannot understand why the person he has killed is dead. In his state of confusion, the speaker tells of the intimacy between himself and the person he has killed when he mentions the phrases ââ¬Å"staring face to faceâ⬠(34). In addition, the speaker tells of the hostility between the two men, for they are both firing guns at each other. The speaker says ââ¬Å"I shot at him as he at meâ⬠(34). The speaker knows that he wouldââ¬â¢ve been killed otherwise, and he goes on to say ââ¬Å"and I killed him in his place. I shot him dead because-because he was my foeâ⬠(34).Here, the speaker shows a conflict between his feelings and actions and he is questionin g it. Later in the poem, the speaker says â⬠Just so: my foe of course he was; that's clear enough; although,â⬠which shows that he understands that he had to kill his enemy because of the tradition of war (34). He begins to think about what he did when he says â⬠he thought he'd list, perhaps offhand-like-just as I- was out of workâ⬠(34). Here, the speaker offers additional insight into reasons why men enlist to fight in war. In this case, the speaker suggests that the man he kills was unemployed just like the speaker was.The reader gets to take another peak at the speakerââ¬â¢s inner turmoil as he mentions ââ¬Å"You shoot a fellow down You'd treat if met where any bar is,â⬠thus concluding that one kills another in war despite the possibility of knowing the person in the past or future (34). All in all, it is as if the reader gets a front row seat to experience the inner chaos the speaker suffers as he tries to fully grasp the concept and tradition of war. The speaker provides a realistic and familiar voice that could be any person during any war era.As a result, the speaker helps bring to life the atrocities of war to readers who may have never experienced it. The speaker in ââ¬Å"Dulce et Decorum Est,â⬠describes a gruesome war scene involving enemies using gas to kill victims. Here, the speaker watches someone die because he didn't wear a gas mask. The speaker offers readers first-hand vivid descriptions of the young men that have become filthy, weary, and helpless when he describes the men as ââ¬Å"bent double, like old beggars under sacks, knock-kneed, coughing like hags, we cursed though sludgeâ⬠(27).The speaker paints a picture with his words to illustrate what is happening. In one scene, the speaker shows the men heading towards lodging when he says ââ¬Å"and toward our distant rest began to trudgeâ⬠then in an instant, gas-shells are dropping and the men must put on their helmets (27). One of the men di d not put on his helmet. Through the poet, the speaker uses vivid imagery to describe the manââ¬â¢s death when he says ââ¬Å"as under a green sea, I saw him drowningâ⬠(27).The speaker tells an audience ââ¬Å"my friend, you would not tell with such high zest to children ardent for some desperate glory,â⬠meaning that he would not suggest children go to war to become heroes, or die honorably for oneââ¬â¢s country, because it is not ââ¬Å"sweetâ⬠or ââ¬Å"fittingâ⬠to suffocate in gas (27). Obviously he disagrees with the old saying ââ¬Å"Dulce ed decorum est Pro patria mori,â⬠because the speaker refers to dying honorably in war as the ââ¬Å"the Old Lie (27). Like the speakers in the previous poems mentioned, the speaker of ââ¬Å"Dulce et Decorum Est,â⬠illustrates a moving picture in order to help an audience understand the atrocities of war.Here, the speaker once again serves as a familiar mouthpiece that awakens emotions within the reader. Through the speaker, the writer tells this horrible memory because he is informing future generations not to fight in wars for a false feeling of accomplishment because being killed in war can be in no way heroic, but gruesome. The speakers all have certain aspects in common. One thing they all have in common is reacting under social pressure. In ââ¬Å"A Man Who Had Fallen Among Thieves,â⬠and ââ¬Å"Dulce et Decorum Est,â⬠the speakers both rebel against the social pressure and struggle with societyââ¬â¢s often inhumane teachings.In other words, the speakers question universal issues like whether or not to follow the prevailing social code. In ââ¬Å"The Man He Killed,â⬠the speaker struggles with the social pressure to kill, and while he questions what he did, he doesn't try to stop the war. Another similarity is the speakers are all first-hand participants in the action of the poems. For ââ¬Å"A Man Who Had Fallen Among Thieves,â⬠the Good Samaritan spea ker sees the citizens ignoring the man who had been robbed and opts to rescue the helpless man.In ââ¬Å"The Man He Killed,â⬠the speaker is ââ¬Å"face to faceâ⬠with another human being and kills him simply because their countries are at war (34). In ââ¬Å"Dulce et Decorum Est,â⬠the speaker informs future generations and the reader that war is not always heroic and valuable, but it can be cruel, and immoral. In addition to reacting under social pressure, another similarity of the three poems is all the speakers sense the injustices committed, and they all wish they could relive the situations and possibly change the outcomes.For instance, in ââ¬Å"The Man He Killed,â⬠the speaker accepts social pressure as a way of life, and he does this to escape the guilt he is feeling and by taking what some may feel is the easy way out. In ââ¬Å"Dulce et Decorum Est,â⬠and ââ¬Å"A Man Who Has Fallen Among Thieves,â⬠both speakers challenge the crowds to ackno wledge injustice and go against social pressures. The speakers throughout these three poems also convey differences. The main difference is how they respond to social pressure. In ââ¬Å"A Man Who Had Fallen Among Thieves,â⬠and in ââ¬Å"Dulce et Decorum Est,â⬠both speakers rebel loudly against the social code.In other words they are more opinionated, and while they aren't scared of social pressure, both speakers are aware of the often, brutal social code. In ââ¬Å"The Man He Killed,â⬠the speaker succumbs and accepts the ways of society. While he does question his error, he doesn't do anything rebellious like the other speakers. To conclude, the speaker is crucial in getting the point of the poem across. Although the speaker is often anonymous, the poet uses an insightful, familiar speaker as a tool to impart different points of view, wisdom, or whatever the writer is seeking to tell an audience.The speaker often offers a first-hand experience in order to help evo ke feelings within a reader. The speaker is also important because while he or she is not factual, nor omnipresent, the speaker offers a different perspective and helps readers get a better idea of why war is not ââ¬Å"sweet and fitting,â⬠or why it is better to do what is morally just for instance (27). The poet uses the speaker to created irony and tension in the poem. Overall, the speaker is valuable to both the poet and an audience in order to achieve a better understanding of an occurrence, universal issues or any ideas the poet seeks to illustrate to an audience.
Sunday, September 29, 2019
An Essay on the Characteristics and Development of Ancient City-States Essay
A city-state is defined as an independent or autonomous entity whose territory consists of a city which is not administered as part of a local government. Through reading the articles of Larson, Westenholz, and Neihmer it becomes apparent that city-states differ depending on the region and time they are in, and the purpose they serve. The three specific examples that come to mind are the Phoenicians, Assyrians, and the Sumerians. All three of these had unique characteristics that define each society; however, all three societies displayed enough similarities to make them definable as ancient city-states. One of the defining characteristics of a city-state is the fact that it is a self-governing and self-sufficient entity. Ancient city-states provided the first clear evidence for social stratification and most city-states contained a ruling family or dynasty, which controlled the city-state and itââ¬â¢s surrounding hinterlands by managing the land, water, and other natural resources. Each city state also contained a council of elders which helped the ruling family serve as a controlling body of local policy. However in Assyrian city-states there also existed a year-eponymy, which was a person who was elected for a single year to serve as the head of the city hall. He acted as the head of the city and carried out the executive orders form the higher officials suchas the king and the elders. In Sumerian city states, kings were referred to as ââ¬Å"ensiâ⬠or ââ¬Å"lugalâ⬠which were names that were meant to display to citizens his power and importance, and made his rule indisputable within society. Kings were relied upon to build not only monumental structures and temples for their respective deities, but also to maintain a functional infrastructure. In Phoenician city states, The king was landlord of pretentious places and sacrificial buildings. This display exists in many city- states and not only in Phoenician culture. The king demonstrated his power through buildings such as tombs and temples, but however, he was also the leading figure in charge of maintenance of public places, and in most cities, the defensive wall. There is sufficient evidence of city-walls consistently across all ancient city-states, but the reason these walls existed remains unclear. There is no archaeological evidence of warfare, or conflict between city- states. One of the most logical reasons for these walls to exist was to serve a symbolic purpose because the interior area would be posses a more clear political identity. The Assyrians, in dealing with enemies, took a unique and strict political regime that limited trade and dealings with other city-states, and as evidenced by the archaeological record, in a letter. Their particular rule stated that if any merchant traded with a Akkadian Amorite or a Subariean, then the merchant would be put to death. Laws such as this one established a clear political stance that many cities held on many issues concerning interactions with outsiders. Though The city ruler acted as the city godââ¬â¢s human deputy and managed the assets of the city as a whole. there is also sufficient evidence for long- distance trade. City- states developed in Phoenician, Assyrian, and Sumerian society as important trade resources and had a significant impact on culture. Prominent city-states were key to cultural development because they were able to support local artisans and were key centers of trade, which enabled different cultures to influence one another. Sumerian city-states were located in key trade locations because their own agricultural opportunities were scarce, and they heavily relied on the trade of barley, beer and textiles to other places in order to obtain food resources form elsewhere in order to support their population. In Assyrian society, the economy was controlled by ruling families and therefore, trade was regulated depending on the ruling class. These city-states productivity was dependent upon the weather for that year, so trade would fluctuate depending on the success of the season. For Phoenician city- states, there is sufficient archaeological evidence for long- distance trade, shown in the influence and presence of foreign art and style. Furthermore, archeological evidence is supplied in the discovery of cylinder seals, which were used to ensure the authenticity of the item being traded or shipped, and ensure its condition, if the seal remained unbroken. Key developments in ancient city- states are displayed in the changes of city planââ¬â¢s and architecture, as well as further developments in trade. In some cases, cities were set up in tribute to a specific deity. These cities were mainly located on a hill, with a temple on the highest point, with the rest of the city built around the center temple. These temples not only served as places of religious worship and practice, but also served as cultural and economic centers. A distinguishing characteristic of many ancient city- states is, dominant palaces, templesâ⬠¦of sometimes monumental size and formâ⬠¦lie next to tightly knit living quarters traversed by an irregular network of streets, and in most cases these cities had irregular and unique city plans from one another. The proximity of the households to the temple showed the importance and the involvement of the temple in the daily life of the citizens. Furthermore, the layout of the city also demonstrates social stratification.
Saturday, September 28, 2019
Hotel Industry in Songdo in South Korea Essay Example | Topics and Well Written Essays - 2000 words
Hotel Industry in Songdo in South Korea - Essay Example So in today's world of business amidst red ocean strategy, it is necessary to adopt appropriate marketing method to promote your business through various tools and techniques in order to attract more and more customers. (Kim and Renee, 2005)1 Singapore which is renowned international business hub known for its world class infrastructure facilities is also a growing tourist destination. In a study, it is identified that hotels of Singapore have adopted and integrated information technology into their marketing strategy which was successfully incorporated the technology into their marketing campaign. (Choon - Chiang Leong, 2001)2 Similarly Songdo International City which is touted as the next Asian business hub is attracting numerous international ventures to start their businesses of all types as the city provides best infrastructure, facilities along with diverse customer base. Songdo International City is planned in such a way that good portion of the place is given for the establishment of hotels only. (http://www.songdo.com) So the industries trying to open their hotel in Songdo city can ask nothing better than this. In order to support the decision of opening a new hotel at Song do and to decide on which strategic ma rketing method to use for the promotion of the hotel, two reputed hotels were selected for the purpose of interview. The present chapter consists of analysis of the interview through comparison of both the hotels strategy of approach towards marketing and how do they manage to attract customers. Data Analysis Rutherford and O'Fallon (2007) states that as strategic marketing is umbrella to lot many marketing methods, but strategic marketing for the hotel industry should be limited to its realms and genesis only. Further the argument of Fetch Waller was also highlighted by Rutherford and O'Fallon stating that definition of marketing should be broadened in order to include all the operational aspects of the hotel. Moreover Waller reiterates illustrated the relationship between marketing and operations as a continuing process without which the hotels cannot remain competitive. As hotels are 24/7 business, it is necessary to evolve , innovate and adopt new marketing strategy each and every time in order to stay in and above the competition. 3 The interviews were conducted in the marketing and sales department of two hotels situated in Songdo City namely 'Ramada' and 'Best Western Premier Songdo Park Hotel'. When asked about the motive behind establishing a hotel in Songdo city, both the personnel representing their respective hotels replied that the place is hub of business and will turn into Asia's next business hub that will attract lots of businesses, which means many more conglomerations, seminars, and other business related activities. (Interviewee Jang and Jang, 2009) So it is clear from the above details that it is a place where most of the business happens and target customers are the business organizations for the present and in near future as well. Regarding difficulties in establishing the business in Song-do, the Ramada hotel representative stated that the hotel is actually a takeover of the already established hotel with little bit of renovation but representative of the Best Western Hotel stated that they had to struggle to get the license for the casinos and other gambling games which limited their targeted customers to only business and tourists as casinos and gambling are not the integral part of the Korean culture. This statement
Friday, September 27, 2019
Institution Environment of Finance Essay Example | Topics and Well Written Essays - 1000 words
Institution Environment of Finance - Essay Example The channeling of funds between the two groups mentioned can only happen accurately in the presence of particular participants and via main routes such as financial intermediaries or through the use of organized financial markets. - Mishkin and Eakins (2006) discuss that financial intermediaries can substantially reduce transaction costs that can be defined as the time and money spent in performing financial transactions for instance the exchange of assets, goods or services. One major difference between 'deposit-taking institutions' (DTIs) and 'non-deposit-taking institutions' (NDTIs) is that deposit-taking institutions are organizations such as banks and building societies, whose liabilities (assets to lenders) are primarily deposits. These can be withdrawn at short (sometimes zero) notice and usually form part of the national money supply. Non-deposit-taking institutions are organizations such as life assurance companies whose liabilities are promises to pay funds to savers only in response to a specified event. Unless the specified event occurs, it is very difficult to withdraw these funds and there is usually a considerable financial penalty for savers who do so. Similarly, contributions to a pension fund cannot be easily withdrawn until the pension falls due for payment. While the difference between Discretionary financial saving and Contractual financial saving is that discretionary is a day-to-day decision to acquire financial assets of varying kinds and in varying quantities. While contractual is the regular acquisition of a financial asset of a kind, of an amount and on a date specified in a contract. Question 3 How do money markets differ from capital markets Who are the main users of money markets Basically the difference between the capital markets and money markets is that - Capital markets are for long term investments, - Companies are selling stocks and bonds in order to borrow money from their investors to improve their company or to purchase assets. Whereas money markets are more of a short term borrowing or lending market where - Banks borrow and lend between each other, as well as finance companies and - Everything that is borrowed is usually paid back within thirteen months. Another difference between the two markets is what is being used to do the borrowing or lending. In the capital markets the most common thing used is stocks and bonds, whereas with the money markets the most common things used are commercial paper and certificates of deposits. Traditionally, differences of maturity have been used, as in Table, to create a distinction
Thursday, September 26, 2019
Membership makeup of this unions Essay Example | Topics and Well Written Essays - 750 words
Membership makeup of this unions - Essay Example Firstly, with regards to the demographic makeup of these unions, it must be understood that the German unions are almost exclusively made up of individuals that it been within the workforce for a period of time. As such, the average age group that is demonstrated by these individuals is necessarily higher than would be for entry-level employees; represented within the German system as an average age of 43. Comparatively, did the fact that unionization is requirement within the Chinese system, the average age is much lower at 37.5 years of age. It is of course necessary to note the key differential is economies is the fact that the German unionization system is voluntary; although heavily impacted by the extent to which government oversight integrates with economic development (Fitzenberger et al 148). Moreover, with respect to the Chinese system, the Communist party insists that any and all enterprise must necessarily be overseen by and ultimately managed by the state. Although a gre at degree of liberalization is taken place in recent years, the level and extent to which unionization has dropped in China is not indicative of a fully capitalist system. Similarly, with regards to the overall level of minority composition that is represented within these two systems, Germany has a minority representation within the unions of approximately 14%. This is somewhat interesting due to the fact that the minority population Germany only registers around 8%. With respect to the Chinese system, the dynamic is considerably different. Due to the fact that minorities make up only around 8% of the Chinese population, the reality of union representation is surprising. As a result of the fact that the Western regions of China represent the lionââ¬â¢s share of the minorities and due to the fact that these regions are on the whole un-industrialized, the level of union participation among minorities is approximately 2% (Wang 680). Likewise, with regards to the sexes and their ove rall representation within the unions, Germany represents a gender representation of males to females that is nearly 3:1. However, as has been previously discussed, the nature of government involvement within the unions of China means that a much larger precentage of participation by females is realized. Due to this fact, the level of participation among the female population within China is much higher and represents an overall dynamic around 1.5:1. Although it may be assumed that the ratio would be closer to 1:1, the fact of the matter is that no matter how industrialized the economy or the region, there continues to be a differential with regards to the total integration of the workforce based upon males and females. Moreover, with regards to the relatively lower level of female participation within the unions of Germany, this of course can be understood as a dynamic that is the result of the overall percentages of industrial workers that make up the broad majority of union membe rs. Due to the fact that these are traditionally male dominated jobs, the level of female participation within the unions of Germany are necessarily constrained. Work Cited Fitzenberger, Bernd, Karsten Kohn, and Wang Qingwei. "The Erosion Of Union Membership
Wednesday, September 25, 2019
Constitutionality of RFID Technology within the Las Vegas Gaming Essay
Constitutionality of RFID Technology within the Las Vegas Gaming Surveillance System - Essay Example asino and how much they are wagering in hopes of generating more revenue out of high rollers by using RFID systems to analyze game activity against statistical models of a suspicious winning streak. In the zero latency of Vegas where cameras track your profile from the moment you step inside a casino, the paper will intend to focus first on the relevancy and invasion of privacy that RFID tags cause. Activists fear thieves using RFID readers to track potential victims and overall identity theft, and thus the paper will examine historical uses of the RFID tags currently in book tracking, electronic toll collection, location sensing in tires, smart cards, etc. and compare the arguments against RFID tags between historical usage and the proposed in Vegas. The paper also intends to analyze the modes of privacy invasion already current and accepted in Vegas and analyze the increased burden that RFID may cause to the gambling community and whether this warrants a cause of concern. I intend on cross-examining the current RFID technology and the current Vegas standard of privacy invasion by researching numerous past cases for and against the invasion of privacy on both ends. I then hope to determine the benefits and the disadvantages of implementing the RFID technology into the Vegas gaming market. The U.S. gaming industry has witnessed a surge of activity in recent years and the gross domestic gaming revenue has recently peaked over $70 billion. Home to gaming centers Las Vegas and Atlantic City, Nevada and New Jersey respectively alone generates $15 billion of gaming revenue. The industry attracts approximately a quarter of the U.S. adult population into making nearly 300 million trips to gaming venues a year. Over the last thirty years, the industry has transitioned from a once low-tech and labor- intensive mom-and-pop operation to a technology-centered, large corporation-based entertainment empire. With an estimated 3 million Americans putting over $6 billion
Tuesday, September 24, 2019
The Morality, Humanity, and Legality Essay Example | Topics and Well Written Essays - 1500 words
The Morality, Humanity, and Legality - Essay Example Pain management is, simply, no longer working and, as hard as it is to admit, she is clearly slowly dying. You stop and ask yourself, ââ¬Å" Would she want her suffering to end? You ask yourself, ââ¬Å"Would it be wrong to want her suffering to end?â⬠The answer to these questions are comntroversial ones. If Susie were a pet then we would not question the honorable decision of ending her pain and suffering. We would consider it a humane thing to do. Yet, if Susie is a person then, for many people, the logic is the exact opposite. Even, if Susie, herself, desires that option, it may be considered in-humane to support such an option. To be humane is a part of being human, yet the same ââ¬Å"humaneâ⬠compassion that we would show our beloved pets, we do not feel compelled to show the same to our fellow human beings. Euthanasia, in its different forms, is not immoral, if it suits the morality of the person whose life, and death, is in question. In order to truly understand t he contraversial issue that breeds so much ethical and moral debte it is impotant to review the full scope of the topic, from both sides, eliminate misconceptions, and, ideally, represent the morality of allowing individuals to choose not why they die, but the quality of that death, when death is inevitable. Firstly, euthanasia is not simply another word for suicide; it is, also, not another word for murder. The word means the intentional ending of a life, not out of malice or ciriminal intent, but to end suffering when death is imminent and saving of that life is no longer an option. For those who are in excruciating pain, suffering unbearable illness, and will inevitably die as a result, euthanasia is an opportunity to have an option, when all other options have, essentially,been taken away. There are different forms of euthanasia that are relevant in understanding the practice. Passive Euthanasia involves the allowing of a person by not providing medical procedures and removing o f life support; this considered to be allowing nature to take its course. Involuntary Euthanasia is used to refer to the ending of the life of someone who is in a persistent vegetative state; in those cases where there is no realistic medical hope of any form of recovery. Active Euthanasia is, accordingly, when someone ends the life of another through a direct act at the request of the person that whose life is to be ended. This is, most commonly seen, when a spouse or relative of a loved one assists in the request to end their life. The last, and most focused upon, is Physician Assisted Suicide, or PAS, which refers to lives that are ended under the supervision and administration of a physician.(Goel 225) However, this extreme and final measure is intended to end the pain and suffering of those with no other options and have requested and chosen this end. The opportunity to die with dignity is a valid consideration. It is PAS that does get the greatest attention, because legislatio n is, always, being presented to, legalize the practice, but it is the ethical and moral elements that keep the issue, in many instances, at a stale mate. So what is the morality of euthanasia? As stated before, the morality is unique to the individual considering the option. If someone clear of mind makes the decision to end their life themselves then morally they have made peace with it. It is, of course, logical to question the morality when the potential actions of a person will directly, unfairly, or negatively impact anotherââ¬â¢s life, rights, or personal being. However, by ignoring these requests for right to die by the competent, but tragically ill, is, in fact, are directly and wrongly interfering in their rights and personal being. Supporters of PAS, and the implementation of legislation to legalize the act, explain that there
Monday, September 23, 2019
Medicine. Chemistry Essay Example | Topics and Well Written Essays - 1000 words
Medicine. Chemistry - Essay Example The hits come from natural sources, such as plants, animals, or fungi. They can also form synthetic sources, such as historical compound collections and combinatorial chemistry. Combinatorial chemistry involves the rapid synthesis or the computer simulation of a large number of different but structurally related molecules. Synthesis of molecules in a combinatorial fashion can quickly lead to large numbers of molecules. Combinatorial chemistry has been used up in industries since the 1990s. But, combinatorial chemistry was there in 1960s when a researcher at Rockefeller University, Bruce Merrifield, started investigating the solid-phase synthesis of peptides. In the 1980s researcher H. Mario Geysen developed this technique further, creating arrays of different peptides on separate supports. Combinatorial chemistry is nowadays used by almost all the pharmaceutical industry. Some researchers have been attempting to optimize the activity profile of a compound by collecting many different but related compounds. On the other hand, advances in robotics have led to an industrial approach to combinatorial synthesis, enabling companies to routinely produce over 100,000 new and unique compounds per year. (Nelapa, Rolfle and Harper, 2006) According to Nelapa, Rolfle and Harper (2006), they say that researchers are creating a virtual library (a computational enumeration of all possible structures of a given pharmacophore with all available reactants), in order to handle the vast number of structural possibilities. This kind of a library, consist of thousands of virtual compounds. The researchers select a subset of the virtual library for actual synthesis that is based upon various calculations and criteria. In the context of luminescent materials obtained by co-deposition of elements on a silicon substrate, work has been continued by several academic groups as well as companies with large research and development programs. In order to improve the biological properties of the compound pharmacophore, the next of drug discovery undergoes synthetic modification of the hits. The quantitative structure-activity relationship of the pharmacophore play an important part in finding lead compounds, which exhibit the most potency, most selectivity, and least toxicity. Pharmacophore is a set of structural features in a molecule that is recognized at a receptor site and is responsible for that molecule's biological activity. (Nelapa, Rolfle and Harper, 2006) Pharmacophores in modern computational chemistry are used to define the essential features of one or more molecules with the same biological activity. Then, a database of diverse chemical compounds is searched for more molecules which share the same features and where these features are a similar distance apart from each other. There are several reasons to find compounds with similar biological activity to known compounds: new compounds may have beneficial effects at different doses, they may be taken up more readily by different tissues, they may have fewer deleterious effects, they may have a different biological half life, and they may be produced more efficiently. In addition, new compounds may not covered by existing patents. (Nelapa, Rolfle
Sunday, September 22, 2019
No namecan the writer make a name for me Essay Example | Topics and Well Written Essays - 2750 words
Marks and Spencer as One of the Biggest Retail Companies - Essay Example In April 2004, the prospect of the company seemed blurred. The brand of the Marks and Spencer got a great push back and lost its confidence due to the consecutive decline in sales and continual negative PR. The company has started to lose public faith and love and the fear has taken over by Philip Green of Arcadia Group was on the threshold. Rejecting the offer of Mr. Green, Mr. Stuart Rose has restructured the company through promoting its brand and has formulated a method of treatment, which worked in a significant way for the M & S to get back its health. (Thompson, Neal, Threadgould and Trillo, June 30, 2006: 3-4) There were different thoughts on the vulnerability of the company. Analysts told that decline of sales of the company in a continuous basis and lack of enthusiasm for change was mainly responsible behind such weakness whereas the journalist reported that the company listed itself in one of the worst performers among the 100 companies. Besides the customers were also not satisfied with the product of the company. The garments of the company were believed to be old-fashioned. People thought the company might have fallen in the vicious circle of loss. Fall in sales of the M & S in one way led to falling in share price and in another way led to negative captions producing the negative impression in the market. These movements caused to loss of confidence over the company by the customers for the purchase and also by the investors to invest. In this situation when Mr. Green came with his proposal to acquire M & S, the senior team of the company including the new Chief Executive of the company, Mr. Stuart Rose and the Executive Director for Marketing, Store design and Development, Mr. Steven Sharp has formed a new plan regarding the business of the company and successfully crush the proposal of Mr. Green.
Saturday, September 21, 2019
Children Obesity Essay Example for Free
Children Obesity Essay The problem of childhood obesity in the United States has grown considerably in recent years. Between 16 and 33 percent of children and adolescents are obese.From Environmental Health Perspectives website, the recent data from the National Health and Nutrition Examination Survey estimate 17% of youths ages 2-19 years old to be overweight compare to just 5% a few decades ago(ââ¬Å"Child obesityâ⬠). This data shows we should act urgently to rescue children because the percentage of child obesity is increasing rapidly.According to Answer. com website, using the BMI (Body Mass Index) calculation, overweight is between 25-30, obese is 30-40 and extremely obese is 40 and up. This calculation is a height and weight comparison (BMI = weight in pounds X 705 / height in inches squared). By usingbody fat analysis, for a womanââ¬â¢s obesity starts about 33% body fat, for a man, it is about 24%(ââ¬Å"How do you knowâ⬠).Weight and shape of children are affected by hereditary factors from their parents. However, most of unhealthy weight gain is due to poor diet. Children who have obesity have bad habits; for example, they prefer to eat fast food such as hamburgers with french fries and coke than healthy food such as vegetable and multi-grains. Fast food is very tempting to children and theirparents because of its cheap price, taste, and convenience. The reason children like hamburgers is high levels of salt and sugar content found in most fast food items. So far, unhealthy food leads children to become obese which causes various health problems. Overweight children, when compared to healthy weight children, are more likely to develop many health problems such as depression, diabetes, high cholesterol and high blood pressure, which are associated with heart disease in adults. Thepurpose of this paper is to reviewhow children obesity effects on physical and mental health. First, children obesity and overweight have been found to be at an increased risk of depression. Obese children get stress from change of their body shape, perspectives from other peopleââ¬â¢s awareness that leads to poor self-esteem or social phobia which are related to the cause of depression. [ì ¶Å"ì ²Ë][ë ¹âë §Å'ìš °Ã¬Å¡ ¸Ã¬ ¦ ] ë ¹âë §Å'ê ³ ¼Ã¬Å¡ °Ã¬Å¡ ¸Ã¬ ¦ , ë ¹âë §Å'ê ³ ¼Ã¬Å¡ °Ã¬Å¡ ¸Ã¬ ¦ ì Ëê ´â¬Ãª ³â ìž ì⹠¤Ã¬Å ¤Ã ¬Ã¬ ¸ ì ¢â¦Ã⢠©Ã¬Æ' ê °â¬Ã¬Å ¤Ã ¼|ìžâì⠱ìž spom4237236The following article, ââ¬Å"Childhood Obesity and Depression: Connection Between These Growing Problems in Growing Children,â⬠shows how depression is diagnosed in youths. Youthbecome depress if they gain weight more than they expected. Also, obesity and overweight are connected to sleep problem which is associated with increased risk of depression. In study of 400 adolescents with a primary diagnosis of major depressive disorder, change i n sleep was most common symptom remaining depression in youths. Relationship between sleep and obesity is intervened at least in part by insulin resistance. In a study of obese children, insulin was connected with shorter sleep duration according to thepolysomnography (Reeves M. G., Postolache T. T., Snitker S.).In addition, that child obesity cause depression is obesity makes children a target for bullying. According to Medscape Medical News, ââ¬Å"Obese children are more likely to be bullied than their non-obese peers regardless of sex, race, socioeconomic status, social skills, or academic achievementâ⬠(Harrison).Because childhood and adolescent are a sensitive period, and they focus on otherââ¬â¢s appearance, obese children can be targeted of bullying that makes them get hurt and depress. To prevent the depression, children need to eat health food and exercise. In addition to obesity causes depression, the second health problem is obesity causes diabetes. The dietary habits of obese children are eating a lot of sugar and salt which are excessive caloric intake. Being obese means you have more fatty tissue, having more fatty tissue causes the body to become insulin resistant and becoming insulin resistant causes the body to put on more weight. Becoming more insulin resistant and at a certain level of resistance, it becomes known as diabetes. Obese children also are twice as likely to have diabetes than children who are of normal weight, according to a new study from the University of Michigan Health System. The study, published in the February issue of Diabetes Care, is the most recent national study to estimate the prevalence of children with diabetes. It found that more than 229,000 children, approximately 3.2 cases for every 1,000 American children under the age of 18, currently have diabetes. And one-third of those children are obese(ââ¬Å"Obese Children Twiceâ⬠). Obesity causes the build-up of fats around cell walls. The liver loses the ability for the metabolism of glucose. Glucose is supplied with the help of the insulin hormone. In essence, obesity reduces the bodyââ¬â¢s ability to use insulin properly. A glucose build up is deposited in the urine.In addition, diabetes is explained from Washington University in St. Louis website. Diabetes mellitus is a group of disorders that have in common high blood sugar and the risk of damage to tissues and organs. There are two major types: Type1, juvenile diabetes and Type 2, adult-onset diabetes. In Type 1 diabetes, the cells of the pancreas that make insulin are destroyed. Often, the bodyââ¬â¢s immune system destroys these cells, sort of like friendly fire. Without insulin, blood sugar rises and complications occur. Lifelong insulin treatment is required. In Type 2 diabetes, organs and tissues are resistant to insulin; that is, more insulin is needed to have the same effect. When the insulin-making cells can no longer keep up with the extra insulin needed, blood sugar becomes high and diabetes occurs (ââ¬Å"Obesity, Type 2 diabetesâ⬠). Overall, children should avoid eatingso muchunhealthy food that contain of high sugar, salt and fat that causes diabetesto continue into adulthood. In addition to obesity causes diabetes, the third health problem is obese puts children at risk for high cholesterol levels and high blood pressure that cause heart disease. Childrens diets have changed dramaticallybecause it is influenced by television commercials and the convenience of fast foods that have too much sugar and salt that leads high cholesterol level. In ââ¬Å"Cholesterol in Childhoodâ⬠by Vincent Iannelli, M.D., the author reported ââ¬Å"The effects of cardiovascular disease is something that will especially be a problem once an overweight child grows up, when he will be at risk for a heart attack or stroke.â⬠Also, the article exposes children who have heart disease with high cholesterol was 2.3 times as likely to have died early. These factsgive a warning to how obesity is related to serious health problem to children. The connection between high cholesterol and high blood pressure was explained on Livestrong.com website, ââ¬Å"Cholesterol is a soft waxy material in the blood that mixes with lipids. It shapes membranes and some hormones but does not dissolve in the blood. Since it does not dissolve, lipoproteins carry it to and from cells. Blood pressure is the force that pushes blood through blood vessels, then to all body organs. When these two functions of the body are not working correctly, it can be devastating to overall health.â⬠(ââ¬Å"Connections Betweenâ⬠).According to Webmd.com website, when there is too much cholesterol in blood, it builds up in the walls of arteries, causing a process called atherosclerosis, a form of heart disease. The arteries become narrowed and blood flow to the heart muscle is slowed down or blocked. The blood carries oxygen to the heart, and if enough blood and oxygen cannot reach the heart, it may cause chest pain (ââ¬Å"Heart diseaseâ⬠).Because ofhigh cholesterol, high blood pressure that are related to the heart disease, obese children need dietary changes and weight loss to help lower their cholesterol. In conclusion, children obesity is an increasingly prevalent health disorder and is of particularly concern because children who are obese are more likely to continue to become obese through adolescence and into adulthood with various health problems. Eating unhealthy food and lack of exercise lead to most of child obesity and overweight. Obesity can cause mental and physical problemsinchildren. According to ââ¬Å"Child obesity ââ¬Ëtime bombââ¬â¢ a threat to life expectancyâ⬠, Food Standards Agency chairman, John Krebs, told: ââ¬Å"We already know that many childrenââ¬â¢s diets contain more fat, sugar and salt than is recommended. We know that the level of obesity in children is rising and, in the words of the chief medical officer, is a health time bomb that could explode.â⬠(Carey). Also, children obesity can be targeted of bullying and give rise to diabetes, high cholesterol, high blood pressure, and heart diseases. Also, child obesity has high probability to become an obese adult. Therefore, we need to accept the children obesity as a serious problem in current society in the United States and seek the solutionsto make children free from obesity and being overweight. Works Cited Brown, Joni.ââ¬Å"Connections Between High Blood Pressure Cholesterolâ⬠. livestrong.com, 17 Dec. 2010 Web. 22 May 2012 Carey, Dorothy. Child Obesity Time Bomb A Threat To Life Expectancy. Nutridate 15.1 (2004): 8. Web. 22 May 2012. Harrison, Pam. ââ¬Å"Obesity Makes Children a Target for Bullying.â⬠Medscape Medical News. 4 May 2010. Web. 22May 2012. ââ¬Å"Heart Disease and Lowering cholesterolâ⬠.Webmd.com,Web. 22 May 2012 Iannelli,Vincent. ââ¬Å"Cholesterol in Childhoodâ⬠.About.com, 13November 2011 Web. 22 May 2012 ââ¬Å"Obese Children Twice as likely to have Diabetesâ⬠. University of Michigan, 2 Feb. 2006. Web. 22 May 2012 ââ¬Å"Obesity, Type 2 Diabetes Growing rapidly among Childrenâ⬠. Washington University in St. Louis., 11 March 2005. Web. 22 May 2012 Reeves, Gloria M., Teodor T.Postolache., and Soren Snitker. ââ¬Å"Childhood Obesity and Depression: Connection between these Growing Problems in Growing Children.â⬠NIH Public Access. Aug. 2008. Web. 22 May 2012
Friday, September 20, 2019
Harmonization of International Commercial Law
Harmonization of International Commercial Law SUMMATIVE ASSESSMENT Introduction The international commercial law has grown and modified in twentieth century. Technological advances made international transactions easy and more efficient for the merchants to buy and sale across state borders. The move towards globalization comes with it several problems both for lawyers and legal systems. Outdated legal rules are obstacle to economic growth and technological development. Due to the economic demands there has always been a heavy tendency in international commercial law to uniform and harmonise. This assessment focuses on discussing the methods to achieve harmonization of international commercial law and the reasons of many areas of commercial law remain unharmonised. Harmonisation Harmonisation, is a process which may result in unification of law subject to a number of (often utopian) conditions being fulfilled, such as, for example, wide or universal geographical acceptance of harmonising instruments, and with wide scope of harmonising instruments which effectively substitute all pre-existing law. Harmonising instruments have two objectives. The first purpose is unification of law and the second purpose is creating a law reform when the current law unable to deal with developing commercial practices. The harmonisation of commercial law is considered a key factor in reducing the cost of doing business as it provides the certainty and predictability for the parties of a contract in international transactions.[1] Methods of Harmonisation A considerable number of methods came out to achieve these goals. These methods are; legislative (conventions, model laws and model legislative or treaty provisions), explanatory (legislative guides and legal guides for use in legal practice), and contractual (standard contract clauses and rules)[2] International Treaties or Convention International treaties or conventions are binding forces and will be applied directly but they are not effective unless it ratified by the nations. Treaties or conventions which represents hard law methods of harmonisation are the primary instruments. They usually embody a uniform law. Due to the international treaty reservations the degree of the uniformity decrease. Interpretation differences or mistakes may be dangerous for the uniformity of international conventions. The rules of international convention would classify the law applicable to the controversy, and the judge would make the selection of the applicable law of the jurisdiction which is highly foreseeable, fair and adequate. Conventions provide certainty of law, flexibility and adaptability however, there are some arguments against conventions. Individual nations do not intent to negotiate conventions as an equal partners. Because of this sovereignty problem may arise in the context of international commercial regulations. The negotiation and drafting process of international conventions are slowly and expensive process. Worldwide impact of conventions on domestic law reform appears to be less important impact than model laws or other soft law instruments. It is assumed that conventions decrease the competition between legal systems and regulatory arrangements. Conventions are specific and fragmentary in character. They lack coherence and consistency. Delays in ratification of the convention means it may take for a long time before the convention comes into force. They still dont have ability to react changing circumstances. They may create issues about their scope. The subject of the courts are interpretation of the statutory law and there is no guarantee that harmonised law will be interpreted in harmonised manner. International conventions are hard to amend in instances requiring a place to economic change or progress of technology or practice. Rigidity of the conventions during the treaty making process and their lack of flexibility discourages nations from implementing to international conventions. They announce uncertainty that no uncertainty existed before. Some examples of harmonising conventions are Vienna Convention on Contracts for the International Sale of Goods , the Geneva Convention on Agency in the International Sale of Goods, UN Convention on International Bills of Exchange and International Promissory Notes, the Cape Town Convention on International Interests in Mobile Equipment. Model Laws Model laws are more flexible than treaties and have no legal force, so they have soft law character. Soft law, policy declarations, guidelines or codes of conduct that set standard of conduct and not directly enforceable. Therefore, they are advisory. Domestic legislation changed for international trade to provide solutions for the international transactions. The model laws are facultative harmonising instrument which are not legally operative. With or without amendment individual nations may adopt model laws entirely or partly. However, with respect to unification their use is limited as adopting countries are under no obligation either to apply the law or accept it without variation. Furthermore, model laws mainly benefit t those countries whose law is underdeveloped in the area covered by the model law.[3] Modern Laws are more appropriate for the unification and modernization of national laws. Flexibility of the modern laws makes them easier to negotiate than a text containing obligations can not be changed. UNCITRAL Model Law on International Commercial Arbitration is a good example for model law. Large amount of jurisdiction have adopted it. In the modern global environment it is very powerful motivation for harmonization. Especially, for the developing countries which are moving from mixed or planned economies to a free market economy. Another successful instance in the area of international commercial law is the Model Law on Cross-Border Insolvency. Legislative Guides or Legal Guides They have soft law character. They can be very detailed but their effect is limited because of their non-binding nature. Governments and legislators are the users of legislative guides. Legislative guides are ideally suited to an organization like UNIDROIT. When it is not achievable or essential to develop set of rules, legislative guides may be an alternative for giving explanations in respect of contract drafting. International Business Practice Guides International business practice guides are addressed at professional and trade associations. Generally, guides are educational practices that discusses technical, economic and real background of legal problems. Also they explain and find available solutions for the legal concepts and concludes by making recommendations. International Trade Terms International trade terms promulgated by non-governmental organization. If they incorporated into a contract they can have the force of law. INCOTERMS rules codifying custom and usage such as the ICCs Uniform Custom and Practice for Documentary Credits. This is, obviously, a reference to codifications and restatements by international scholars and practitioners such as UPICC and PECL.[4] Restatements Its addresses and potential users are not only contract drafters, but national and international legislators, arbitral tribunals and courts as well. Restatements of contract law promulgated by scholars and experts. They are advisory and they have soft law character. Principle of European Contract Law (PECL) Principles of European Contract Law (PECL) was published by the Lando Commission in 1995. This commission consisted on European contract law academics. It aimsà toà produceà Europeanà Commercialà Code.à Principlesà areà moreà limitedà inà scopeà andà they dontà haveà legalà force.à However,à contractingà partiesà mayà agreeà toà giveà theirà contractsà bindingà effectà aboutà theirà contractà subject.à Manyà countriesà followedà theirà instructionsà asà aà modelà lawà reformà projectà andà partiesà toà a contractà choseà themà toà governà theirà contract.à Theyà contributedà aà keyà roleà toà theà developmentà ofà Europeanà Contractà Law. Unidroità Principlesà ofà Internationalà Commercialà Contractsà (UPICC) UPICCà representsà theà legislativeà codificationà ofà restatementà ofà aà lawà ofà internationalà commercialà contract,à butà doà notà haveà theà forceà ofà law.à Theyà offerà aà setà ofà rulesà producedà byà scholars,à whichà coverà allà importantà areasà ofà generalà contractà lawà andà appearà toà beà aà resourceà forà thoseà courtsà andà arbitralà tribunalsà whoà findà themà helpful.[5] Althoughà theseà principlesà areà notà binding,à theyà haveà managedà toà earnà recognitionà aroundà theà world,à inà academicà circlesà andà practice.à UPICCà canà responseà theà questionsà thatà notà coveredà byà theà CISG.à Theseà areà wouldà beà fraud,à authorityà ofà agents,à thirdà partyà rightsà andà others.à UPICCà isà moreà comprehensiveà instrumentà thanà CISG.à UPICCà oftenà appliedà asà aà gapà fillerà toà interpretà andà supplementà lawà instrumentsà andà specificallyà theà CISG. Institutions Intergovernmentalà andà non-governmentalà agenciesà haveà beenà involvedà inà theà harmonisationà process. Internationalà Instituteà forà theà Unificationà ofà Privateà Lawà (UNIDROIT) UNIDROITà isà anà intergovernmentalà agencyà thatà interestedà withà notà onlyà commercialà lawà butà alsoà wholeà privateà law.à Managementà ofà researchesà andà draftingà conventionsà areà theà purposesà ofà UNIDROIT.à UNIDROITà hasà producedà conventionsà whichà designedà toà operateà besidesà theà Viennaà Conventionà onà Contractsà forà theà Internationalà Saleà ofà Goodsà andà coveringà internationalà factoring,à internationalà financeà leasingà andà agency.à UNIDROITà consistsà ofà Generalà Assembly,à theà Governingà Councilà andà theà Secretariat.à UNIDROITà putà intoà useà toà enforcementà ofà internationalà agreementà orà conventionà thatà requiresà theà approvalà ofà itsà memberà countries. Theà problemà isà tha tà tradeà lawà rulesà differentà fromà oneà stateà to another.à Ità producedà à aà Hagueà Conventionà whichà uniformà lawà onà internationalà sales. Unitedà Nationsà Commissionà ofà Internationalà Tradeà Lawà (UNCITRAL) UNCITRALà isà anà intergovernmentalà agencyà thatà promulgatesà conventions,à modelà lawsà andà otherà instruments.à Especially,à ità shapesà aà modelà lawà whichà implementsà toà internationalà commercialà arbitrationà whenà eachà partyà toà theà arbitrationà hasà à itsà placeà ofà businessà inà aà differentà country.à UNCITRALà alsoà organizesà theà activitiesà ofà theà differentà agenciesà involvedà inà à internationalà tradeà law.à UNCITRALà aimsà toà helpà removeà barriersà toà internationalà trade.à Theà mostà importantà productà whichà isà constitutedà byà UNCITRALà isà theà Viennaà Conventionà Onà Contractsà forà theà Internationalà Saleà ofà Goods.à Ità aimsà toà harmoniseà theà rulesà governingà theà designà ofà à rightsà andà dutiesà underà internationalà salesà contract. Theà differenceà betweenà UNCITRALà andà UNIDROITà isà UNIDROITà wasà setà upà toà promoteà theà dynamicà harmonisationà ofà privateà lawà andà alsoà includingà commercialà lawà whereasà UNCITRALà isà aà specialistà bodyà ofà Unitedà Nationsà devotedà toà theà harmonisationà ofà internationalà tradeà law. Internationalà Chamberà ofà Commerce (ICC) ICCà whichà hasà anà non-governmentalà bodyà promotesà tradeà byà openingà marketsà andà encouragingà theà flowà ofà capital.à Havingà aà nonà lawà producingà body,à ICCà dealsà withà unifyingà andà harmonisingà commercial lawà usingà softà lawà methods.à Therefore,à ICCà doesà notà focusà onà theà preparationà ofà internationalà conventionsà or modelà laws.à ICCà promotesà uniformà tradeà terms,à uniformà rulesà andà modelà formsà whichà areà adoptedà byà contractingà parties.à Asà aà resultà ofà thisà ICCà wouldà notà convenientà forà theà developmentà ofà uniformà rules, preference ofà competingà propertyà rightsà orà theà jurisdictionà ofà courts.à Ità accomplishesà legalà studiesà onà topicà andà provides à andà arbitrationà serviceà forà disputes. Ità representsà twoà importantà internationalà tradingà instruments.à Inà theà areaà ofà internationalà disputeà resolutionà theà ICCà Courtà ofà Internationalà Arbitrationà isà aà leadingà institutions.à Theseà areà INCOTERMSà andà Theà Uniformà Customs andà Practiceà forà Documentaryà Credits.à Theyà doà notà haveà anyà legalà à statusà andà reachà theirà legalà effectà throughà contract..à INCOTERMSà setsà outà rightsà andà dutiesà forà theà partiesà ofà internationalà contract.à ICCà rulesà hasà aà fairlyà highà influence. Newà Lexà Mercatoria Newà lexà mercatoriaà isà veryà differentà fromà medievalà lexà mercatoria.à Newà lexà mercatoriaà canà beà derivedà fromà variousà sources.à Theà growthà ofà internationalà tradeà andà theà influenceà ofà mercantileà usageà haveà ledà severalà influentialà scholarsà toà concludeà thatà thereà existà aà bodyà ofà uncodifiedà internationalà commercial law,à theà newà lexà mercatoria,à whichà hasà normativeà forceà inà itsà ownà rightà andà isà dependentà neitherà onà incorporationà byà contractà norà onà adoptionà byà legislationà orà judicialà receptionà inà aà nationalà legalà system.[6] Nowà bothà professionalà associationsà andà legalà scholars areà workingà forà theà codificationà ofà newà lexà mercatoria. Ità isà suggestedà thatà newà lexà mercatoriaà mightà consistà ofà internationalà tradeà usages.à Ità hasà beenà suggestedà thatà theyà mightà includeà conceptsà suchà asà UNIDROITà Principlesà ofà Internationalà Commercialà Contractsà andà theà ICCsà Uniformà Customà andà Practiceà forà Documentaryà Credits.[7] Reasonsà ofà Unharmonised Thereà mayà beà someà obstaclesà aboutà harmonisationà processà thatà ità causesà internationalà commercialà lawà toà remainà unharmonised.à Theseà obstaclesà areà wouldà beà differencesà inà politicalà view,à languageà difficulties,à personalityà clashesà andà oneà sidesà concernà aboutà anotherà sideà thatà takingà tooà muchà dominantà role. Harmonisationà isà lengthy,à slowà andà expensiveà process.à Preparationà ofà instrumentsà ofà harmonizationà requiresà experienceà ofà theà timeà andà hardà work.à Thisà isà alsoà correctà forà allà amendmentsà andà updates.à Ità isà claimedà thatà owingà toà theà trendà ofà budgetaryà constraintsà causeà thatà legalà harmonisationà mayà leadà toà legalà fragmentation.à Economicà efficiencyà needsà toà takeà intoà account. Sometimesà choosingà wrongà typeà ofà harmonisingà instrumentsà isà alsoà anotherà reasonà forà harmonisationà failure. Harmonisingà effortsà haveà limitedà scope.à Theseà effortsà toà legislateà forà specificà topics ,à suchà aspectsà ofà theà lawà ofà saleà orà unfairà contractà terms,à takeà noà accountà ofà theà factà thatà theà treatmentà ofà suchà topicsà inà domesticà lawà mayà beà rootedà inà theà particularà legalà traditionsà ofà individual legalà systems.[8] Disparitiesà betweenà commonà lawà andà civilà lawà traditions,à socialistà andà capitalistà systemsà andà developedà andà developingà countriesà createsà problem.à Differencesà betweenà nationalà legalà systemsà alsoà causedà internationalà commercialà lawà toà remainà unharmonised.à Domesticà legalà systemsà whichà needà toà implementà theà harmonisedà lawà shouldà take intoà account.à Althoughà theà approachesà toà contractualà interpretationà areà theà same,à theà exerciseà inà practiceà couldà beà quiteà contrary,à dueà toà theà differencesà à betweenà civilà lawà andà commonà lawà systems.à Theà problemà isà distilliationà ofà theà bestà legalà rulesà fromà differentà legalà systemsà regardlessà ofà beingà testedà inà theà laboratoryà ofà anà actualà system. Internationalà contractsà thatà considersà theà interestsà ofà bothà parties,à needsà toà contributeà aà fairà balanceà betweenà civilà lawà andà commonà lawà systemsà toà whichà bothà partiesà belongà to.à Therefore,à ità isà difficultà toà provideà internationalà consensus. Inà contractà law areaà thereà isà aà lackà politicalà supportà ofà harmonisingà instrumentsà inà nationalà law. Someà scholarsà haveà arguedà thatà theà mereà existenceà ofà differentà nationalà lawsà isà aà reasonà toà engageà inà harmonizationà process.à Professor Stephan points out that divergences in national laws may cause legalà risk. Inà hisà view,à suchà legalà riskà canà encourageà opportunismà byà commercialà partiesà whoà may,à forà instance,à raceà toà litigate,à inà aà forumà thatà willà suità theirà interestsà inà caseà somethingà goesà wrongà withà theà transaction.à One of theà pitfallsà ofà theà existenceà ofà à legal riskà isà thatà atà theà dividingà lineà betweenà risky andà non-riskyà transactionsà manyà partiesà mayà desistà fromà commercial.à Accordingly,à thereà mayà beà merità inà reducingà legal riskà toà f oster.à commerce[9] However,à harmonisationà doesà notà aimà toà bringà aà mechanicalà loweringà ofà risk.à Ità mayà optimizeà theà risk,à ratherà thanà itsà elimination. Domesticà lawà isà capableà ofà easyà amendment,à onceà aà harmonisedà à instrumentà hasà beenà accomplished,à signatoriesà areà lockedà intoà ità untilà aà newà instrumentà comesà intoà force.à Unlessà wholeà individualà nationsà adoptà theà newà instrument,à thereà mayà beà moreà divergenceà thenà thereà wasà previously.à Harmonisingà institutionsà needsà toà dealà withà thisà problem.à Theyà needà toà preventà theà crystallizationà ofà harmonisation.à Thereà areà twoà aspectsà about thisà problem.à Firstà ofà all,à excessiveà timeà takenà toà createà internationalà legalà instruments.à Secondly,à ità isà excessivelyà takesà longà timeà forà nationsà toà ratifyà theà harmonizedà law. Manyà lawyersà remainà doubtfulà andà hostileà toà theà harmonisationà attempts.à Lawyersà andà legalà systemsà areà unwillingà toà giveà upà theirà ownà laws.à Ità isà consideredà byà themà thatà theirà ownà lawsà areà superior.à Ità isà probablyà theyà alsoà scareà thatà theirà nationalà lawsà wouldà loseà theirà dominantà position. Dueà toà theà differencesà in nationalà lawsà cross-borderà transactionsà areà limited.à Alsoà nationsà whichà haveà aà strongà senseà ofà superiorityà ofà theirà ownà lawsà mightà unwillingà toà changesà whereà theseà areà limitedà toà transactionsà betweenà businessesà inà differentà à states. Issuesà ofà sovereigntyà mayà ariseà inà theà contextà ofà internationalà tradeà regulation.à Alsoà someà languageà difficultiesà createsà obstaclesà forà harmonisationà process.à Accurateà andà clearà draftingà isà veryà importantà toà preventà misunderstandings.à Planningà andà managementà projectà ofà harmonisationà processà isà à notà easy.à Meetingsà mayà notà beà successfulà toà makeà essentialà progress. Problemsà withà Institutions Thereà areà someà argumentsà aboutà harmonizationà interestsà theà veryà natureà ofà theà bodiesà thatà playà aà roleà inà thisà area.à Theseà institutionsà areà bodiesà ofà expertsà andà canà notà pleaseà withà traditionalà democraticà standardsà imposedà onà nationalà legislatures.à Theyà areà notà accountableà likeà nationalà bodies.à Thisà isà theà weaknessà ofà institutions.à Lobbiesà andà interestà groupsà mayà influenceà theà lawà inà favour ofà themselves.à Theà lessà powerfulà onesà wouldà notà beà ableà toà sayà anyà thingsà inà theà draftingà processà so,à internationalà conventionsà andà legislaturesà areà saddledà withà aà takeà ità orà leaveà ità options.à Duplicationà ofà efforts,à co-o rdinationà ofà work,à inconsistencyà ofà policyà andà wasteà ofà resourcesà areà theà à otherà problemsà thatà institutionsà needà toà dealà withà duringà theà legalà harmonisationà process. Conclusion Theà harmonisationà ofà internationalà commercialà lawà doesà notà completelyà eliminateà conflictsà butà ità helpsà toà reduceà them. Aà properà reformà ofà ourà commercialà lawà requiresà aà carefulà studyà ofà developmentsà inà otherà jurisdictionsà inà bothà civilà lawà andà commonà law.à Ità isà assumedà thatà perfectà harmonisationà isà notà anà achievableà target.à Allà statesà haveà differentà nationalà strategicà interestsà therefore,à fullà harmonisationà isà politicallyà impossibleà à inà certainà areasà ofà law. Bibliography Books Goode, R. , Kronke, H. , McKendrick, E. , Transnationalà Commercialà Law;à Text,à Casesà andà Materials,à 1stà edn. , Oxford,à Oxfordà Universityà Press,à 2007 -Goode, R. , McKendrick, E. , Goodeà Onà Commercialà Law; Editedà Andà Fullyà Revisedà Byà Ewanà McKendrick,à 4thà Edition,à Penguinà Books,à 2010 -Bradgate, R. , Commercialà Law, Oxford,Oxfordà Universityà Press,à 2005 Journals -Mistelis, L. , Is Harmonisation a Necessary Evil? The Future of Harmonisation and New Sources of International Trade Law,à 2001 Faria, J.A.E. ,à Future Directions of Legal Harmonisation and Law Reform : Stormy Seas or Prosperous Voyage? Unif.à Lawà Rev,à 2009 -Osborne, P.J. ,à Unification or Harmonisation: A Critical Analysis of the United Nations Convention on Contracts for the International Sale of Goods,à à August 2006 Korzhevskaya, A. Do We Still Need a Convention In The Field Of Harmonisation Of The International Commercial Law ,à FESCO Transportation Group, (Moscow, Russia) 2014 Gopalan, S. , From Capeà Townà toà theà Hague: Harmonizationà Hasà Takenà Wing, Augustà 2015 [1] L. Mistelis,à Is Harmonisation a Necessary Evil? The Future of Harmonisation and New Sources of International Trade Law,à 2001,à p.4 [2] J.A.E Faria, Futureà Directionsà ofà Legalà Harmonisationà andà Lawà Reform : Stormyà Seasà or Prosperousà Voyage , 2009, p.8 [3] P.J. Osborne, Aà Criticalà Analysisà ofà theà Unitedà Nationsà Conventionà onà Contractsà forà theà Internationalà Saleà ofà Goodsà 1980,à Augustà 2006,à p.6 [4] R.à Goode,à H. Kronke,à E. McKendrick,à Transnationalà Commercialà Law; Text,à Casesà andà Materials, 1stà edn. , Oxfordà Universityà Press,à 2007,à p. 169 [5] A.Korzhevskaya, Doà Weà Stillà Needà aà Conventionà Inà Theà Fieldà Ofà Harmonisationà Ofà The Internationalà Commercialà Law,à FESCOà Transportationà Groupà (Moscow, Russia) , 2014,à p.89 [6] Goodeà andà E. McKendrick,à Goodeà onà Commercialà Law,à Editedà andà Fullyà Revisedà byà Ewanà McKendrick,à 4thà edn. , Penguinà Books,à p.20 [7] R. Bradgate,à Commercialà Law,à 3rdà Edition,à Oxfordà Universityà Press,à 2005,à p.17 [8] R. Bradgate,à Commercialà Law,à 3rdà Edition,à Oxfordà Universityà Press,à 2005,à p.17 [9] S. Gopalan,à Fromà Capeà Townà toà theà Hague: Harmonizationà Hasà Takenà Wing,à Augustà 2015,à p.12
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