Lessons Learned From the Epic of Gilgamesh Essay - 1448 Words

The Epic of Gilgamesh, a Mesopotamian epic poem with no known author, is the story of the brute King of Uruk, Gilgamesh, who was two-thirds divine and one-third human, which teaches readers the unstoppable force of death, the wrath of the gods, and also the power of friendship, which are illustrated to readers through the characters journeys, and those encountered along the way. The poem, which is divided into twelve tablets, starts off with Gilgamesh being a vicious tyrant, one who â€Å"would leave no son to his father†¦ no girl to her mother†(Gilgamesh 101), and as for newly married couples â€Å"was to join with the girl that night†(Gilgamesh 109) transitions to by the end of the story an entirely new man. One of the main†¦show more content†¦Gilgamesh then goes on a fifty-five line long rant, just absolutely trashing Ishtar for her advances. Ishtar then runs to her father, who just so happens to be Anu, to request the Bull of Heaven to kill Gilgamesh. At first, Anu says that she provoked the king to say such things, but when Ishtar says she will raise the dead, the god agrees to her request. Yet again, Anu must show his wrath. The Bull of Heaven is released onto Uruk, but together, Gilgamesh and Enkidu are able to defeat it and save the city. Enkidu throws part of the bull’s body at Ishtar, and Gilgamesh hangs its massive horns in his bedroom, which of course only further angered Ishtar. After a night of celebration, Enkidu has a dream in which the gods say that he must die. Another example of the wrath of the gods, Enkidu falls ill and dies after twelve days. Hoping to discover how he himself can avoid the fate of his comrade, Gilgamesh goes on a journey to find Utna pishtim, a man who survived a great flood and was granted eternal life by the gods. When Gilgamesh finds him, Utnapishtim tells him the story of the flood he experienced, which was sent from the gods for no other reason than they were angry. In The Epic of Gilgamesh, the wrath of the gods is provoked for many reasons, whether it is to teach a lesson, or the gods are simply angry. Either way, the wrath of the gods is present in this poem. Another theme that is also present in The Epic of Gilgamesh is theShow MoreRelatedThe Epic Of Gilgamesh : Gilgamesh1013 Words   |  5 Pages Gilgamesh in 2015 Even though the epic Gilgamesh is thousands of years old, it is still read today. Why would the era of technology read an epic this old? This is because the themes in Gilgamesh are still relevant. In addition, the themes are experiences that Gilgamesh went through in his life period, and serve as lessons for the current readers. Gilgamesh’s themes include journey, legacy, love, and death. These themes make Gilgamesh a vital reading for the 21st century citizens because peopleRead MoreThe Epic Of Gilgamesh And The Odyssey1636 Words   |  7 PagesThe Epic of Gilgamesh and the Odysseus both are poems that have since early times been viewed as stories that teach the reader valuable life lessons, almost like a self-help book in today’s society. They both teach a lot of the same general lessons but there are some key similarities and differences throughout both works. Such as perseverance, and the inevitability of death are both lessons that are taught in each poem but the y are presented to the reader through different interpretations. In theRead MoreSundiata Essay971 Words   |  4 Pages Epics Sundiata was written in Africa. Gilgamesh was the oldest one written. Other works include the Iliad and the Odyssey, which were written by the blind prophet Homer. What do all these works of literature have in common with each other? The similarity that all these works of literature have is that they are all epics. What does this mean? What is an epic? The definition of an epic is that an epic is a long, narrative poem with a hero that goes on a quest. What is the hero? Well, the characteristicsRead Moreâ€Å"by the Waters of Babylon† vs Epic of Gilgamesh. Essay632 Words   |  3 Pagesâ€Å"By the waters of Babylon† Vs Epic of Gilgamesh. A lot of stories concerning religions and cultures have lot of similarities and differences, despite the fact that they are not from the same era of time. Humans used these stories and writings to express their culture and religious views. â€Å"By the Waters of Babylon† is very similar to the writings of the Mesopotamian writings in The Epic of Gilgamesh more specificlay â€Å"The story of the flood† and â€Å"The Return†. These similarities include manyRead MoreEpic of Gilgamesh Essay915 Words   |  4 PagesThe Epic of Gilgamesh is one of earliest known pieces of literature. Through years of storytelling and translation, The Epic of Gilgamesh became a timeless classic. This story is believed to have originated from Sumerian poems and legends about the king of Uruk, Gilgamesh. Throughout the epic, many themes arose about women, love, and journeys and the one I would like to discuss is the theme of death. Also, I will discuss if Gilgamesh accepts moral ity at the end of the story and the development ofRead MoreThe Epic Of Gilgamesh : King Of Uruk1332 Words   |  6 PagesIn the verse narrative The Epic of Gilgamesh the principal character Gilgamesh, King of Uruk, is described as an entity that is two-thirds god and one-third man. Gilgamesh is a hero/protagonist who exhibits many more human features than divine features. This makes him a flawed hero because all humans are flawed. He is even described in human terms. â€Å"A perfect physical specimen, gifted athlete and sex machine† [Davis p.154]. His primary flaws are pride and arrogance with his pursuit for immortalityRead MoreAnalysis Of The Epic Of Gilgamesh 1596 Words   |  7 PagesChristina Moore July 23, 2015 In the verse narrative The Epic of Gilgamesh the principal character Gilgamesh, King of Uruk, is described as a being that is two-thirds god and one-third man. Gilgamesh is a hero/protagonist who exhibits many more human features than divine features. This makes him a flawed hero because all humans are flawed. The Epic of Gilgamesh is the same type of story that is seen in the Old Testament. The story itself was found on stone tablets, written in the same time periodRead MoreElements Of The Epic Of Gilgamesh918 Words   |  4 PagesThe epic hero has been part of world literature since time immemorial. Epic tales have contained within them, various elements that have helped define the genre. These tropes have existed at least since the writing of the ancient Mesopotamian text, The Epic of Gigamesh. These vital characteristics transcend region, as they have been employed in the literature of disparate parts of the world. These elements can be seen the Old English tale of Beowulf, a s well as in the ancient Indian epic The RamayanaRead MoreGilgamesh And The Epic Of Gilgamesh988 Words   |  4 PagesThe maturation of Gilgamesh and his desire to acquire wisdom throughout his journey is quite apparent. By overcoming difficulties such as upholding Uruk, becoming friends with Enkidu, and various other scenarios, Gilgamesh proves that he did in fact grow up throughout the epic. As the epic starts, Gilgamesh is portrayed as a self-centered, self-admiring leader who believes that he is the only individual that can lead the city of Uruk. Gilgamesh believes that he is a god-like figure and often refersRead MoreReview Of The Epic Of Gilgamesh 1301 Words   |  6 Pagesthe protagonist s separation from his or her daily life. The next stage is the , threshold stage. After threshold is initiation or loss and the final stages are, the ultimate boon and return. Within every quest, there is also some lesson to be learned by the protagonist. The Epic of Gilgamesh, a story written thousands of years ago by the ancient Sumerians, follows the same archetypes as any modern day quest story. Gilgamesh begins his quest when he is separated from his normal life in Uruk and meets

Comparing Henry David Thoreau and Herman Melvilles Writings

Comparing Henry David Thoreau and Herman Melvilles Writings Henry David Thoreau and Herman Melville focused their writings on how man was affected by nature. They translated their philosophies though both the portrayal of their protagonist and their own self exploration. In Moby Dick, Melville writes about Ahabs physical and metaphysical struggle over the great white whale, Moby Dick, symbolic of mans struggle against the overwhelming forces of nature. Ahabs quest is reported and experienced through the eyes of Ishmael. Melvilles use of the third persons biographical standpoint exposes conflicting viewpoints that were both in agreement and disagreement with Ahabs quest, creatively allowing Melville to transcend the story†¦show more content†¦This conflict becomes the warped and demonic idea of a man willing to take on the power s of Moby Dick which is the epitome of the greatest force in nature. Regardless of the onslaught, predestined for Ahab, he will be doomed to failure because of his monomaniacal spirited quest; As he shouted with a terrific, land, animal sob, like that of a heart stricken moose; Aye, aye! It was that accused white whale that raged me; made a pon pegging lumber of me forever and a day!Â… Aye, aye! And Ill chase him normal Good Hope, and round the Horn, and round the Norway Maelstrom, and round perditions flames before I give him up. Henry David Thoreau when writing about his experiences at Walden Pond indicated that mankind cannot be persuaded by the materialism of the world and must aspire to the highest goals of truth, virtue and independence for his existence. Thoreau would find this transcendental experience through the finest qualities existing in nature. He states that, most men, even in this comparatively free country through mere ignorance and mistake, are so occupied with the factitious cares and superfluously coarse labor of life that its finer fruits cannot be plucked by them (p. 790). Thoreau points out the weakening of mans original calling by the results of the industrial revolution, division of labor, the robotics of factory life and materialistic vision of life. The end result is self-destruction and depression of ones

The Legal and Ethical Principles in Healthcare Free-Samples

Question: Discuss about the Legal and Ethical Principles in Healthcare. Answer: Introduction Healthcare is one of the most important pillars of the government commissioned to enhance the welfare of the community. There are various activities experienced on a daily basis concerning the health and welfare of individuals. The constitution of every state takes into account the laws and policies that should be followed for maximum service provision for the society. The welfare of every individual in the community is equally important and the health institution should maximise their services to reduce the level of illness in the community. Some medical conditions are thought to be resistive to drugs among others being yet to be conquered; moreover, research institution is stretching their potentials to be able to invent the best appropriate drugs(Pozgar, 2014). Despite having health conditions that do not have confirmed medicines, others such as diabetes have drugs that are used in controlling the condition. However, these drugs need to be used consistently and failure to that, complications might be experienced. Every person is entitled to quality health care despite their medical condition. Before any medical intervention, the patient should read, understand and confirm its applications to ensure that all the implications are accounted. In cases where the patient is not able to perform all the requirements of the consent, a family member or guardian can make the informed decisions concerning the treatment. In this paper, legal and ethical issues will be explored concerning the case of Edward, who was in a comma for failing to manage Type 1 Diabetes(Lin, et al., 2013). Legal Issues Mr Edward has been living and fairly managing Type 1 Diabetes very well by the use of insulin and avoiding the meals that the doctor had warned. However, the body is prone to many health conditions that should be medicated if the signs and symptoms are experienced. It is also important to seek guidance from the medical practitioners if unusual changes in the body are pursued. Edward developed sore muscle pains but he did not think it could be much of a problem because there were no severe symptoms. His wife Genevieve advised him to visit the doctor to get a report on the same and if it is a worse condition, he would receive relevant medical support immediately. He did not embrace the advice from his wife, but he used paracetamol, lemon juice and warm honey. This was not according to the doctor's recommendations and this would conflict the management of diabetes conditions(Lin, et al., 2013). According to the Australian Health Act 2008, it states that the community should be kept healthy by providing the best medication available(Stirton, 2016). This act governs both the public and private health institutions in the country. It also states the nest of kin and guardians are responsible for providing decisional support for their patients. However, an individual has the right to make personal health decisions. Edward decided not to visit the doctor for the sore muscles and used the stated control measures. His wife Genevieve did not have the right to force him to seek the required medication because he is a grown up. The medical assumptions made by Edward led to worsening of the Type 1 Diabetes when he went to work out of town. Edward was taken to the hospital while in a comma and he could not make any decision concerning his medical support. Later, his family realised that he was in the hospital because his condition has worsened. The best of the health support that Edward could receive was appropriate diabetes type 1 and comma related first aid services and before the family member could show up to make the informed consent medical decisions. According to his case, either Genevieve or his mother Una could provide the required informed support because they are all legally attached to him(Faden, Beauchamp, Kass, 2014). Una is Edward's biological mother and she has the right to make informed decisions under the law. Genevieve has been provided with the right to make a decision about Edward's health because she is legally married to him. The importance of consulting and following the consent process is to avoid holding the doctors responsible for any misfortunes that might happen in the treatment process. Fo r instance, if a treatment intervention is implemented without signing the consent form by either the patient or the family and death occurs, the doctors could be answerable and they can be sued(Kerridge, Lowe, Stewart, 2013). Informed decisional support conflicts are one of the most dangerous occasions in cases where the patient is unable to contribute in the process of treatment. This situation is experienced when there are two or more potential individuals to provide the support(Lin, et al., 2013). The issue occurs when one or two of the individuals have differing opinions in how the medical intervention should be conducted. For instance, one might state that the intervention should be stopped and the other wishing to a continuity. In Edwards case, Una thought that more effort and time could be allowed to give him another chance of recovery. The medical support should not be withdrawn when there is a conflict because it might lead to blames, hence leading to a court case. For example, Una can sue the medical team if the support is withdrawn when she is able and willing to pay the bill in time. Also, she can sue Genevieve in occasions when her decision is followed and Edward dies because she is also a si gnificant decision make in Edwards treatment(Pozgar, 2014). Some of the factors that should be considered in solving the conflicts between the two would include the availability of resources to support the treatment and their willingness to take the medical risks. Una stated that she would do what it takes to pay for the extra medical care required to keep his son the life support machine. On the other side, Edward has told his wife Genevieve that he would not like to be in a helpless state in his life. Therefore, Genevieve was honouring the wishes of her husband, although it is against the law to let a person die when there is a way of controlling the case. Therefore, the best option would be adhering to Unas decision and maintain the medical support until he either recovers or otherwise(Kerridge, Lowe, Stewart, 2013). Ethical Issues There are ethical issues that are attached to any medical treatment interventions that need to be considered to avoid conflicts and legal cases that might arise. There are Universal Declaration and Bioethics that have been developed to govern the health sector and ensure that all the requirements connected to medical services are accounted. Benefit Harm and Persons without the Capacity to Consent are the two principles of the Universal Declaration and Bioethics principles that are most relevant in Edwards case(Petrini, 2014). Benefit and harm principle states that before implementing any scientific treatment method, all the process should be justified to be no harm to the patient. Therefore, the medical interventions should be focused on providing the best health support to the patients. In cases, where the treatment are perceived be of general benefit to the patient, it should be used reduce the discomforts experienced(Faunce, 2012). Edward was not in the capacity to adhere to the informed consent, hence involving the family in the decision-making process for the treatment. This principle states that before any form of medical practice is undertaken, an informed consent should be signed by one of the most appropriate family member or guardian. Consultations should be done consistently in the process to ensure that the patient receives the best services out of the medical care. In cases where there are trial drugs that can be tested, the research practice should be of the best support for the patients medical needs. Medical interventions and research proceedings that do not have direct medical importance and benefit to the patient should not be used in the treatment process. Therefore, the medical process should be imposed with minimal burden and risk to the patient(Mayes, Lipworth, Kerridge, 2016). Edward's treatment should be implemented after it is justified that the intervention bears the minimum risk in his health. Moreover, a treatment process that has the highest chance of making him recover should opt. Genevieve's option of withdrawing the life support treatment should not opt because it causes harm to Edward and his mother Una(Kaufmann Rhli, 2010). The two principles; patients without the capacity to sign the informed consent and benefit harm can possibly conflict in the case of Edward. The opinion of the patient is best followed to ensure that the treatment in peace with their wishes. Edward told his wife Genevieve that it would be his last wish to be in a helpless condition hence preferring to die. Therefore, the medical team have shown insufficient hope in his recovery and it can only take the life support machines to keep alive. Therefore, it would be his wish is the medical plan is stopped, which harms him and the family, hence conflicting both of the principles. It is the right of Genevieve to sign the informed consent and she wishes the withdrawal of the medical treatment plan. However, this is the human rights act 2004, that advocates for healthy community and respect for human dignity(Stirton, 2016). Life of a person is a gift offered by the supreme leader and there are no individuals with the right to take it away. It is very important to provide Edward with the best time possible for his recovery and not just to pull off the treatment procedures. Letting him die will be a loss to the family by making his two children be single parented. The human rights principles do not support the withdrawal of the treatment plan; however, it advocates for the implementation of best health care services that can lead to his recovery by managing the conditions. External advisors should be involved to provide the required support to the parties so that they can agree on one option. The medical team should therefore not rush them in the decision support to avoid influencing any form of an inappropriate option. After deciding on one of the options, the informed consent should be signed by both parties to avoid future problems(Taylor, 2015). The non-regrettable decision should be opted to keep eve ry individual party in peace in future even after the unexpected happen on Edwards health. Conclusion In conclusion, constitutional health and welfare acts should be fairly considered in imposing any decision towards Edwards treatment. Both Genevieve and Unas opinion should be considered in signing the informed consent and deciding whether to withdraw the services or not. External and family consultations should be conducted for the case of making the best decision towards the health of Edward(Lo, 2012). Finally, the medical team should do the best practice possible to try stabilising Edwards health condition to restore the familys happiness. References Cohen, I. (2013). Globalization of Health Care. Cary: Oxford University Press, USA. Faden, R., Beauchamp, L., Kass, E. (2014). Informed consent, comparative effectiveness, and learning health care . N Engl J Med, 370(6), 766-768. Faunce, T. (2012). Governing planetary nanomedicine: environmental sustainability and a UNESCO universal declaration on the bioethics and human rights of natural and artificial photosynthesis (global solar fuels and foods). Nanoethics, 6(1), 15-27. Furrow, B. R., Greaney, T. L., Johnson, S. H., Jost, T. S., Schwartz, R. L. (2013). Health Law: Materials and Problems. Minnesota: West Academic. Kaufmann, I. M., Rhli, F. J. (2010). Without informed consent? Ethics and ancient mummy Research. Journal of medical Ethics. Kerridge, I., Lowe, M., Stewart, C. (2013). Ethics and law for the health professions (4 ed.). Leichhardt: The Federation Press. Lin, M. Y., Lyles-Banks, R. D., Lolans, K., Hines, D. W., Spear, J. B., Petrak, R. (2013). The importance of long-term acute care hospitals in the regional epidemiology of diabetes type 1. Clinical infectious diseases, 500. Lo, B. (2012). Resolving ethical dilemmas: a guide for clinicians. Philadelphia: Lippincott Williams Wilkins. Matsubara, J., Sugiyama, S., Akiyama, E., Iwashita, S., Kurokawa, H., Ohba, K., Hokimoto. (n.d.). Dipeptidyl peptidase-4 inhibitor, sitagliptin, improves endothelial dysfunction in association with its anti-inflammatory effects in patients with coronary artery disease and uncontrolled diabetes. Circulation Journal, 77(5), 1337-1344. Mayes, C., Lipworth, W., Kerridge, I. (2016). Declarations, accusations and judgement: examining conflict of interest discourses as performative speech-acts. Medicine, Health Care and Philosophy, 19(3), 455-462. Petrini, C. (2014). Organ Allocation Policies 10 Years after UNESCO's Universal Declaration on Bioethics and Human Rights. Transplantation Proceedings, 48(2), 296-298. doi:https://dx.doi.org/10.1016/j.transproceed.2015.10.059 Pozgar, G. D. (2014). Legal and ethical issues for health professionals. Burlington: Jones Bartlett Publishers. Saul, P. (2013). Neat model for ethical problem solving. The Medical Journal of Australia, 199(7), 511. doi:https://dx.doi.org/10.5694/mja13.10868 Spofford, C., Easker, D. (2015). Unresponsive Patient in the Post Anesthesia Care Unit. Mededportal Publications. doi:https://dx.doi.org/10.15766/mep_2374-8265.10005 Stirton, R. (2016). The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014: A Litany of Fundamental Flaws? The Modern Law Review, 299-324. doi:https://dx.doi.org/10.1111/1468-2230.12255 Taylor, H. (2015). Legal and ethical issues in end of life care: implications for primary health care. Primary Health Care, 25(5), 34-41. doi:https://dx.doi.org/10.7748/phc.25.5.34.e1032

Tesco case study free essay sample

This case considers the emergence of Tesco plc as one of the world’s leading multinational retailers. In a remarkable 10-year period, Tesco has transformed itself from a purely domestic operator to a multinational giant – with subsidiaries in Europe, Asia and North America – and in 2009 had 64 per cent of its operating space outside the UK. Examining market entry into Asia in more detail, the case compares ‘success’ in Thailand and South Korea with ‘failure’ in Taiwan. It also considers ‘a high risk gamble’ in Tesco’s entry into the US market, long considered to be a graveyard of overambitious expansion by UK retailers. G G Introduction In April 2009, Tesco, the UK’s largest retailer and private sector employer of labour, announced annual sales for 2008/09 of almost ? 60 billion (x66bn or $90. 2bn) together with pro? ts of ? 3 billion (x3. 3bn or $4. 5bn). After a dramatic decade-long transformation from purely domestic operator to multinational giant, Tesco now had a remarkable 64 per Source: Getty Images. We will write a custom essay sample on Tesco case study or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page cent of its operating space outside the UK, was developing increasingly strong businesses across 11 Asian and European markets, had a rapidly expanding ‘start-up’ subsidiary operating in the western USA, and had announced its entry into the Indian market. Moreover, as signalled in both the title of its Annual Report (Value Travels) and the prominence given in that report to its international pro? le, the ? rm was publicly expressing its con? dence that it had mastered the art of international expansion, so long a weakness of UK retailing. Tesco’s emergence as the world’s third largest retailer, operating 2025 stores and employing 183,600 staff outside the UK by 2008/09, represents one of the most successful examples of strategic diversi? cation by any UK company and offers insight into the role of the ‘corporate strategist’, the CEO. International expansion – from the UK to Central Europe, Asia and North America In the early 1990s Tesco was the UK’s second largest food retailer, lagging behind the market leader Sainsbury’s in G terms of sales density, turnover growth and pro? tability. Over the next decade it managed a remarkable transformation – repositioning itself from its discount roots into a mass market customer-focused retailer serving all segments of the UK market. By judicious acquisition of some smaller rivals, and by innovative and ?exible store development programmes which by the mid-2000s had transformed it into a genuine multi-format operator with 72 per cent of its UK stores in smaller convenience/ supermarket formats of less than 15,000 square feet, it ? rst captured market leadership in the UK then progressively accelerated its lead over closest rivals Sainsbury’s and Asda/ Wal-Mart. By 2007, on a conservative de? nition of the UK grocery market, its share was 27. 6 per cent – almost twice as large as Asda/Wal-Mart and Sainsbury’s with 14. 1 per cent and 13. 8 per cent respectively. Simultaneously, as that gap ? rst emerged in the late 1990s and then widened, Tesco, as the increasingly dominant market leader, faced growing regulatory pressure relating to both marketcompetition conditions and land-use planning restrictions. It also experienced increasingly adverse media scrutiny and orchestrated campaigns to ‘rein in’ its visibly growing power. In response to the latter it moved quickly to embrace agendas of community responsiveness, urban regeneration, sustainable development, and ethical/responsible sourcing to address what the UK Government’s Department for Environment, Food and Rural Affairs described as ‘rising consumer expectations regarding the social responsibilities This case was prepared by Michelle Lowe, Professor of Retail Management, University of Survey and Lead Innovation Fellow AIM and Neil Wrigley, Professor of Geography, University of Southampton and Editor of Journal of Economic Geography. It is intended as a basis for class discussion and not as an illustration of good or bad practice. Â © Michelle Lowe and Neil Wrigley. Not to be reproduced or quoted without permission. Z01_JOHN2020_09_SE_EM18. QXD 10/13/10 9:09 Page 659 TESCO 659 Table 1 Tesco’s international operations Year of entry Store numbers 2008/9 Employees 2008/9 Hungary Poland Czech Rep Slovakia Rep Ireland Turkey 1994 1995 1996 1996 1997* 2003 149 319 113 70 116 96 21,356 23,569 12,677 8,286 13,764 7,025 Thailand S. Korea Taiwan Malaysia Japan China India 1998 1999 2000 2002 2003 2004 571 242 38,166 20,626 Exited market 2005 29 9,872 135 4,007 70 19,452 Announced entry 2008 USA 2007 115 Region Country Europe Asia North America 2,581 Regional % of operating space 2008/9 30 33 1 * Re-entry in 1997 following unsuccessful entry in 1980s. Source: Figures derived from Tesco Annual Report, 2009. of supermarkets’. In response to regulatory pressures, Tesco progressively refocused its operations and capital investment in an attempt to secure long-term growth – diversifying into non-food products and retail services (personal ? nance, telecoms, online shopping channels) and, most signi? cantly, expanding out of its home market via one of the most comprehensive and sustained international diversi? cations ever attempted by a UK company. After commencing the ? rst stage of international expansion in Europe – entering the emerging post-Soviet consumer markets of Central Europe in the mid-1990s (see Table 1) – Tesco launched the next stage of its strategy in 1998. Following Terry Leahy’s appointment as CEO in 1997, it committed to an Asian expansion programme, initially entering Thailand and South Korea. The growth potential of the Asian markets had been extensively researched by the ? rm for a number of years. However, the immediate catalysts for entry were the rapid liberalisation of previous restrictions on retail FDI across East Asia, and opportunities to make strategic majority-share acquisitions of ? edgling but potentially market leading retail businesses at discounted prices, which resulted from the Asian economic crisis of 1997/98. Tesco’s subsequent expansion in Asia was dramatic. Just 10 years later it had 1047 stores, accounting for 33 per cent of the ? rm’s global operating space, in the region (see Table 1). South Korea now provided Tesco with its second largest market by sales after the UK. Signi? cantly, Tesco had signalled its commitment to develop businesses in two of the world’s key twenty-? rst century economies, China and India. In China it was rapidly building the scale of its operation following entry in 2004, and in India it had successfully negotiated a partnership arrangement for entering a market in which ownership of retail businesses by international operators was still strictly regulated. On the other side of the world, Tesco had taken the potentially transformational, but high risk decision to enter the USA – the world’s largest consumer market. Building on Leahy’s strategic vision of the market opportunity to develop dense networks of a new breed of convenienceoriented, smaller-format stores served by a short-lead-time integrated food preparation/distribution system, Tesco had announced entry into the western USA in 2006. By the end of 2008, a year after opening its ? rst store, it had already rolled out a chain of 115 stores together with a 675,000 square feet distribution centre with capacity to serve over 500 stores in Southern California, Arizona and Nevada. As a result of this international expansion, by the mid-2000s Tesco had moved into the elite group of multinational retailers. As Table 2 shows, by 2006/07 there were 15 retailers generating sales outside their home markets of over $11 billion per annum (see Appendix for summaries of the key ? rms). For a variety of reasons – including the higher development costs (and associated sales densities) required in the tightly regulated UK market, and the relative ‘immaturity’ of a higher proportion of its international space – Tesco’s international sales growth inevitably lagged behind the increase in its international operating space. Nevertheless, at more than $20 billion those sales were suf? cient to rank the ? rm within the top 10 multinational retailers (Table 2). By 2008/09 Tesco’s international sales had increased by a further 60 per cent, propelling it into a top ? ve position in the ranking. Additionally, those international sales and also operating pro? ts (if US start-up losses are excluded) were slowly but progressively moving into closer alignment with the proportion of international operating space (Table 3). In turn, that re? ected rates of growth in the international Z01_JOHN2020_09_SE_EM18. QXD 660 10/13/10 9:09 Page 660 TESCO Table 2 Leading multinational retailers ranked by sales outside home market 2006/7 Rank Name of company Country of origin 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Wal-Mart Carrefour Ahold Metro Auchan Aldi Lidl Schwarz IKEA Tesco Delhaize Rewe Tengelmann Seven I Pinault Costco International sales 2006/7 (US$m) International sales % of total, 2006/7 No. of countries of operation 77,100 54,758 49,562 45,125 24,204 23,476 23,103 21,882 21,678 19,914 17,445 15,989 14,144 13,283 11,793 22 52 82 56 50 47 46 92 26 77 32 46 34 55 20 14 20 5 30 11 14 22 34 12 8 14 15 4 30 8 US France Netherlands Germany France Germany Germany Sweden UK Belgium Germany Germany Japan France US Source: N. M. Coe and N. Wrigley (2009) ‘The Globalisation of Retailing’, volume 1, p. xviii. Cheltenham: Edward Elgar. Table 3 Tesco’s international operating space, sales and operating profits as a percentage of the firm’s global totals 2001/2 International operating space (%) International sales* (%) International operating profit (%) excluding US start-up losses (including US start-up losses) 2003/4 2005/6 2007/8 2008/9 2010/12 Est 42. 1 15. 3 49. 7 19. 6 55. 9 24. 0 61. 3 26. 3 64. 6 29. 7 – 35. 2** 8. 1 – 16. 4 – 21. 4 – 24. 9 (22. 5) 25. 6 (20. 3) – – * ex-VAT. Source: Figures calculated by authors from statistics available in Tesco Annual Reports and Financial Statements, except **Bank of America/Merrill Lynch estimate 8 December 2009. subsidiaries which continued to exceed those achievable in Tesco’s ‘mature’ and highly regulated home market. Success in Asia – Thailand and South Korea At the point of market entry into Thailand and South Korea in 1998/99, Tesco acquired majority stakes in two retail chains (Lotus in Thailand and Homeplus in South Korea) together having fewer than 20 stores or development sites and operating in markets still dominated by traditional forms of retailing. Whilst the growth potential for ‘modern’ retail across Asia was considerable, that potential was simultaneously attracting many of Tesco’s major European and North American competitors – including Wal-Mart, Carrefour, Ahold, Casino and Delhaize. Nevertheless, a decade later Tesco had successfully turned foothold acquisitions into positions of market leadership (Thailand) or potential market leadership (South Korea), had developed extensive multi-format store networks (exceeding 800 stores), and had outperformed its multinational rivals to the extent that Wal-Mart and Carrefour had been forced to exit South Korea leaving Tesco as the dominant international retailer in both countries. Some of the key dimensions of Tesco’s success in those markets related to its mode of market entry, its determined efforts to build market scale, and its adaptive responses to growing pressures across East Asia for tighter regulation of the expansion of multinational retailers. The Asian economic crisis of 1997/98 left major domestic conglomerates urgently seeking cash injections. As a result, Tesco was able to enter both markets via majority-share partnerships in the non-core retail businesses of the leading conglomerates: the CP Group in Thailand and Samsung in South Korea. Initially Tesco’s share of the partnerships was 75 per cent in Thailand and 81 per cent in South Korea. However, subsequent capital injections by Tesco into the expansion of the chains rapidly reduced CP Group’s share to zero, and Samsung’s share ? rst to 11 per cent and then in two subsequent stages to 1 per cent. Despite this rapid dilution of the local partners’ share of the businesses, the partnerships offered Tesco knowledge of local business/regulatory conditions and consumer culture, plus the ability to build upon the ‘local’ appeal and customer image of the acquired chain – particularly in South Korea where retention of the Samsung name (Samsung-Tesco) proved to be essential. Z01_JOHN2020_09_SE_EM18. QXD 10/13/10 9:09 Page 661 TESCO In both countries, Tesco has made substantial and continuous post-entry capital investment to build scale and accrue market leadership advantages. In Thailand the investment has been pumped entirely into organic expansion and has required store development programmes of considerable ? exibility. In South Korea, ‘within market’ acquisitions – 36 ex-Carrefour ‘Homever’ hypermarkets for ? 950 million in 2008 and 12 Aram Market hypermarkets in 2005 – have been used to enhance its market position and to keep pace (as the country’s second ranked operator) with the domestic market leader E-Mart. Tesco’s ability to ? nance those acquisitions (outbidding its rivals when necessary) and to sustain a substantial annual capital expenditure programme has rested on the ? rm’s steadily growing pro? tability. That is to say, on the ‘free cash ? ow’ for investment generated from both its domestic and international operations and the ability to raise capital at advantageous rates which that pro? tability ensures. Capital investment in both countries has occurred against a background of pressures (felt across many parts of East Asia) to tighten regulation and rein in expansion of the multinational retailers. Those pressures have ranged from attempts to re-impose restrictions on ownership and control, through efforts to protect existing retail structures via land-use zoning, to regulation of store-opening hours, retail formats, and ‘below cost’ selling. In Thailand, as development of large-format hypermarkets became more dif? cult, Tesco transferred its UK-developed smallstore operating skills and began in? lling its hypermarket framework with dense networks of small-format (Express) convenience stores, ? rst in metropolitan Bangkok, subsequently in other leading cities. Those stores also had the additional bene? t of being unrestricted by opening hours’ regulation introduced to limit trading hours of larger-format stores. Additionally, it developed a novel low-build-cost ‘Value’ store format – essentially a strippeddown small hypermarket embedded within a local vendor market – to provide an entry vehicle for development in low-income rural ‘up country’ towns where expansion using conventional large-format hypermarkets was politically unfeasible. Finally, it invested considerable effort in working with local communities to counter mounting regulatory pressures – explaining the value of the bene? ts (employment, supply chain modernisation, infrastructure investment, skills training, export gateway opportunities) it offered to the Thai economy, and stressing the potential coexistence of ‘traditional’ and ‘modern’ components of the retail system. Failure in Asia – Taiwan Tesco entered Taiwan in 2000, developed six stores, and exited the market in 2005. In simple terms, several of the elements which had been key drivers of Tesco’s success 661 in Thailand and South Korea were absent in Taiwan. In particular, Tesco entered the market in which one of its major multinational retail competitors, Carrefour, had been operating for more than a decade and had built a strong and, in practice, unassailable market dominance. Moreover, unlike Thailand and South Korea and Tesco’s subsequent Asian market entries into Malaysia and China, Tesco was unable to ? nd a suitable local partner and was therefore obliged to attempt an entry based on de nuovo expansion. However, not only had many of the potentially most attractive sites for expansion already been developed by Carrefour, or were held under future development option, but also the highly complex Chinese land ownership system proved to be a dif? cult arena in which to transfer Tesco’s skills in market/site location analysis and property acquisition/development. As a result, despite determined efforts, Tesco was never able to develop the market scale necessary to support the substantial infrastructure investment required for the type of central distribution systems which so vitally underpinned its operations in Thailand and South Korea, With a market share of barely 3 per cent it became increasing clear both to the ? rm and to industry analysts that there was little realistic opportunity of achieving a market penetration level in Taiwan where the subsidiary would become self-reinforcing in terms of pro? ts. The asset swap market exit solution In late 2005 Tesco announced an innovative strategic divestment solution to its problems in Taiwan. The solution involved a cross-region swap of retail assets with its rival Carrefour, whereby each ? rm would simultaneously secure scale and bene? t from strengthened market positions in different countries. It was agreed that in Taiwan Tesco’s six stores and two development sites would be transferred to Carrefour whilst, in exchange, in Central Europe Carrefour would transfer 11 stores in the Czech Republic and four stores in Slovakia to Tesco. The deal clearly had competition and consumer welfare implications as it enhanced the dominance of the market leader in each country. Ultimately it was approved in Taiwan and the Czech Republic but in Slovakia was blocked by the AntiMonopoly Of? ce. Nevertheless, the Slovakian element of the swap was relatively small, and Tesco was able to exit its only unsuccessful Asian operation, learn valuable lessons for other Asian market entries, and simultaneously to strengthen its market position in Central Europe. Relative failure had been transformed into modest success by an agile and innovative strategic divestment. A high risk gamble in the USA In February 2006, after a year of intensive but closely guarded market research by a CEO-selected team of Z01_JOHN2020_09_SE_EM18. QXD 662 10/13/10 9:09 Page 662 TESCO managers despatched to Los Angeles, and building on more than a decade of in-depth investigation of the potential and characteristics of the market, Tesco announced its intention to commit ? 1. 25 billion over ? ve years to enter the western USA. The entry vehicle was to be a chain of ‘convenience’ focused neighbourhood stores, later to be called Fresh Easy Neighborhood Markets. The decision represented a signi? cant shift in Tesco’s previous ‘emerging market’-focused internationalisation strategy. As the CEO of Fresh Easy was to stress, the US represented: ‘the ? rst mature, well-served market, that we have opened into, so actually [Fresh Easy] is not ? lling a vacuum and has to earn its place’. i It was also, very clearly, a high risk decision as the US market had a long record of proving to be the ‘graveyard’ of overambitious expansion by UK retailers. As a result, the entry announcement generated widespread scepticism of Tesco’s ability to succeed where so many others had failed. Indeed, even sympathetic analysts questioned Tesco’s ability to achieve the targets (e. g. store productivity) implicitly set for the US venture. The consensus view in Credit Suisse’s (2007) terms was: ‘it may be fresh, but it won’t be easy’. ii Tesco’s decision to enter the US also represented an important reversal of its previous view of the likelihood of success in the market. Indeed, it had consistently resisted many opportunities to enter the USA via acquisition of regional food retailer chains of conventional large-format supermarkets – not least because of their track record of low pro? tability and the threat posed to them by the decade-long supercentre-driven transformation of Wal-Mart from purely general merchandise to US food retail market leader. The change in Tesco’s assessment related to its growing skills in small format store operation, its belief in the competitive potential of dense networks of ‘convenience’focused neighbourhood stores providing an innovative retail offer, and evidence that the Wal-Mart threat could be countered in the type of urban markets Tesco had targeted for its US expansion. Tesco’s small format retail skills had developed in the UK as a competitive response to tightening regulation – both planning regulation which made large format out-ofcentre stores become increasingly dif? cult to develop and competition regulation which blocked large-scale acquisitions but offered an opportunity for growth by acquisition in the convenience store market. In part, however, those skills had been developed proactively to gain competitive advantage in a rapidly expanding ‘convenience culture’ market. By the mid-2000s, the result was that Tesco had 700 Express convenience stores in the UK, supplemented by a range of other smaller format stores, e. g. 15,000-squarefeet urban ‘Metro’ stores and, additionally, had begun to export the Express format to its international subsidiaries. Growing con? dence in its ability to operate small formats pro? tably offered Tesco the opportunity to explore a US market entry focused around ‘convenience’. Additionally, it recognised that the model of dense networks of 10,000 square feet of high visibility corner-location stores successfully used by US drug retailers (chemists) such as Walgreens could be used to structure a chain of smaller format food stores on a mutually reinforcing network logic. In terms of retail offer, Tesco recognised that opportunities existed to exploit the extensive experience of UK food retailers in chilled prepared-meals development and operation of the cool-chain distribution/logistics systems required by those products. US food retailers, and in turn the US food manufacturing industry, had traditionally offered few of these products to customers and the specialist distribution/logistics and quality control/traceability systems necessary to support extensive retail offers of that type were underdeveloped. As a result opportunities existed to develop a chain focused on offering high quality but affordable fresh and chilled prepared meal products, served by a short lead time responsive distribution system, supplying higher levels of own label products than typical amongst US food retailers. In respect of the threat posed by Wal-Mart, Tesco recognised that impact to have been particularly strong on the weaker US regional supermarket chains – driving signi? cant consolidation of those chains. Additionally, it recognised the traditional supermarket sector was essentially being squeezed between the Wal-Mart-led supercentre operators and a new group of discount retailers operating smaller format stores and achieving much higher levels of pro? tability than the supermarket chains. In particular the stores of the Albrecht family – Aldi on the east coast and Trader Joe’s in the west – provided Tesco with evidence that the threat of Wal-Mart could be accommodated. The innovative Trader Joe’s in particular offered a model of what was possible in the metro markets of the western USA, operating with exceptionally high sales densities and pro? tability. Moreover, it was exactly those urban markets which, as a result of escalating community resistance, Wal-Mart was ? nding it most dif? cult to enter with its huge supercentres. Dimensions of Tesco’s market entry and expansion In November 2007, Tesco opened its ? rst Fresh Easy stores in Southern California. They averaged 10,000 square feet and carried a tightly edited range of 3500 SKUs1 with a focus on fresh and chilled prepared-meal products. Served by a ‘short lead time’ integrated food preparation/ distribution system, they were based around entirely 1 SKU = Stock Keeping Unit, i. e. a unique identi? er for each distinct product. Z01_JOHN2020_09_SE_EM18. QXD 10/13/10 9:09 Page 663 TESCO self-scanning checkouts. Described by Fresh Easy’s CEO as ‘designed to be as fresh as Whole Foods, with the value of Wal-Mart, the convenience of Walgreens, and a product range of Trader Joe’s’,iii the stores were rapidly rolled out in Southern California, Phoenix and Las Vegas, and a year later exactly 100 had opened. Signi? cant features of Tesco’s US experience include: 1 Attempts to engage with an online consumer culture. In contrast to its previous international market entries, Tesco has proactively adopted digital/viral marketing techniques to address the challenge of de? ning, launching and embedding the Fresh Easy brand. Determined efforts have been made by the ? rm to use blog and textmessaging based communication with online communities of customers and potential customers. Although occasionally these efforts have rebounded on the ? rm, Tesco has continued to explore these methods and to transfer learning into its wider international operations. 2 Establishing brand visibility and maximising development opportunities via investment in underserved communities. An important component of Tesco’s entry into Los Angeles has been its commitment to develop stores in low income/deprived and ethnically segregated communities – visibly underserved by its major US competitors. Transferring the development-coalition and communityspeci? c retail operating skills gained since the late 1990s in opening ‘urban regeneration partnership’ stores in deprived areas of many UK cities, Tesco quickly developed stores in Compton, South Central and similar areas of Los Angeles. Its continuing commitment to investment in underserved communities has, on the one hand, gained strong local community support and increasing national recognition, leading to a more rapid establishment of brand identity than might otherwise have been expected. On the other hand it has provided a rallying point for a variety of groups (notably retail labour unions strongly opposed to Tesco’s decision to operate its US stores on a non-unionised basis) antagonistic to its market entry. 3 Integrated food production/distribution supported by follower-suppliers. To ensure reliable availability of high quality prepared food products critical to its vision of the Fresh Easy brand in a context where it had concerns about prevailing quality/traceability standards of local third-party production, Tesco has been obliged to take the unusual step of managing its own food preparation. It has developed an 80,000 square feet ‘food preparation’ facility alongside its distribution centre (DC) in Riverside, and has been supported by the simultaneous move to California of two of its leading UK suppliers – Nature’s Way Foods and 2 Sisters Food Group. These companies 663 have jointly invested $170 million in processing plants adjacent to Tesco’s DC and feed into the DC both shelfready packaged produce and also 40 per cent of the prepared meat, poultry, fruit and vegetable ingredients used in the food preparation facility. 4 A surprisingly muted initial competitive response. Entry of one of the world’s largest retailers into the home market of the global leader (Wal-Mart), and into cities highly contested by leading US domestic operators, could be predicted to produce a ? erce competitive response. Given the inability to protect the ‘front region’ innovations underlying its US chain, Tesco essentially had to attempt to lay down store networks as rapidly as possible before drawing that anticipated response. Within a year of Fresh Easy’s launch Wal-Mart had begun to trial a chain of small format stores closely modelled in terms of size, SKUs and neighbourhood orientation on the Tesco stores. However, by late 2009 those ‘Marketside’ stores remained con? ned to just four locations in Phoenix. Although scaling up of the trial was anticipated, Tesco had been given unexpected time to continue developing its store network density and to respond to ‘front region’ innovations (ranging, signage, store atmospherics) in the prototype Marketside stores. 5 The reputational gamble of the CEO. One of the de? ning characteristics of Leahy’s strategic realignment of Tesco as a multinational operator had been his ability to engineer that transformation largely under the radar of hostile public scrutiny and retain ? nancial market support for the strategy. That was never likely to be possible with an entry into the USA. Despite the relatively modest scale of the ? 1. 25 billion ? ve-year US investment (compared to annual international capital expenditure in 2008/09 of ? 2. 1 billion) the ? rm, and its CEO in particular, was acutely aware of both the reputational risks and potentially transformational consequences of the US venture in the case of either success or failure. We’ve carefully balanced the risks. If it fails it’s embarrassing. It might show up in my career [but] it’ll cost an amount of money that is easily affordable by Tesco – call it ? 1 billion if you like. If it succeeds then it’s transformational. iv Leahy has, in effect, been required to publicly place his considerable ‘reputational equity’ on the line and has found it necessary to repeatedly signal strategic ‘commitment’ to the US venture. Success or failure in the USA – the jury remains out By late 2009 Tesco had opened more than 130 stores in the USA. In the face of a global economic crisis with origins in the sub-prime US housing market, the growth of some

Enrons Cooperation Essay Example

Enrons Cooperation Essay Example Enrons Cooperation Essay Enrons Cooperation Essay Enron The affect of the unethical behavior of the profitability of Enron was that the third party â€Å"outside† independent auditors was not able to backup and have accounting financial statements, some of those auditors and financial institutions may have been misled by the corporation’s net income. If I was an accountant for this company I would have followed regulated federal security laws, and if failed to provide prove of documents or financial statements, I would admit to my mistakes but also come with a plan stating ok I failed to follow policy rules but I have a way of turning things around and finding out exact detail of what went wrong and how to accumulate profits amp; revenue. One thing you learn when in any career of any business always keep track of everything you do, have copies whether it’s via email or hard copy so that when you are audit you are prepared. There are several accounting practices involved, one concern was whether or not Special purpose entities by a corporation should or should not be consolidated with the corporation’s financial statements. Another concern would be the latitude allowing an agreement of non-exchange trade agreement between two parties for energy contracts. And the third concern would be giving out information to be compliance with legal regulations or workplace rules particularly to financial statements or management discussions and analysis. I would believe Derivative could have prevented this because even with all the sub contracts that were taken place little information was available for the profitability between the businesses with no reporting requirements, no supervision of unregulated derivatives markets. The nature of the controversy regarding Enron’s practices was that the auditing firm that was private a partnership with the corporation; both parties arranged financial transactions with banks to keep back a cut of unprofitable investments from the corporation’s financial statements.

The Siege of Veracruz

The Siege of Veracruz The Siege of Veracruz: The siege of Veracruz was an important event during the Mexican-American War (1846-1848). The Americans, determined to take the city, landed their forces and began a bombardment of the city and its forts. The American artillery did great damage, and the city surrendered on March 27, 1847 after a 20-day siege. Capturing Veracruz allowed the Americans to support their army with supplies and reinforcements, and led to the capture of Mexico City and Mexicos surrender. The Mexican-American War: After years of tension, war had broken out between Mexico and the USA in 1846. Mexico was still angry about the loss of Texas, and the USA coveted Mexicos northwestern lands, such as California and New Mexico. At first, General Zachary Taylor invaded Mexico from the north, hoping Mexico would surrender or sue for peace after a few battles. When Mexico kept fighting, the USA decided to open another front and sent an invasion force led by General Winfield Scott to take Mexico City from the east. Veracruz would be an important first step. Landing at Veracruz: Veracruz was guarded by four forts: San Juan de Ulà ºa, which covered the harbor, Concepcià ³n, which guarded the northern approach of the city, and San Fernando and Santa Barbara, which guarded the city from the land. The fort at San Juan was particularly formidable. Scott decided to leave it alone: he instead landed his forces a few miles south of the city at Collada beach. Scott had thousands of men on dozens of warships and transports: the landing was complicated but began on March 9, 1847. The amphibious landing was barely contested by the Mexicans, who preferred to remain in their fortresses and behind the high walls of Veracruz. The Siege of Veracruz: Scotts first aim was to cut off the city. He did so by keeping the fleet near the harbor but out of reach of the guns of San Juan. Then he spread his men out in a rough semi-circle around the city: within a few days of the landing the city was basically cut off. Using his own artillery and some massive borrowed cannons from the warships, Scott began pounding the city walls and fortifications on March 22. He had selected a fine position for his guns, where he could hit the city but the city’s guns were ineffective. The warships in the harbor also opened fire. The Surrender of Veracruz: Late in the day on March 26, the people of Veracruz (including the consuls of Great Britain, Spain, France and Prussia, who had not been allowed to leave the city) convinced the ranking military officer, General Morales, to surrender (Morales escaped and had a subordinate surrender in his stead). After some haggling (and the threat of renewed bombardment) the two sides signed an agreement on March 27. It was fairly generous to the Mexicans: the soldiers were disarmed and set free although made to promise not to take up arms again against the Americans. The property and religion of civilians was to be respected. The Occupation of Veracruz: Scott made a great effort to win the hearts and minds of the citizens of Veracruz: he even dressed up in his best uniform to attend mass at the cathedral. The port was re-opened with American customs officers, attempting to re-coup some of the costs of war. Those soldiers who stepped out of line were punished harshly: one man was hanged for rape. Still, it was an uneasy occupation. Scott was in a hurry to get inland before Yellow Fever season could begin. He left a garrison at each of the forts and began his march: before long, he would meet General Santa Anna at the Battle of Cerro Gordo. Results of the Siege of Veracruz: At the time, the assault on Veracruz was the largest amphibious attack in history. It is a credit to Scotts planning that it went as smoothly as it did. In the end, he took the city with fewer than 70 casualties, killed and injured. Mexican figures are unknown, but estimated to be 400 soldiers and 400 civilians killed, with countless more injured. For the invasion of Mexico, Veracruz was a crucial first step. It was an auspicious beginning to an invasion and had many positive effects on the American war effort. It gave Scott the prestige and confidence he would need to march to Mexico City and made the soldiers believe that winning was possible. For the Mexicans, the loss of Veracruz was a disaster. It was probably a foregone conclusion - the Mexican defenders were outgunned - but to have any hopes of successfully defending their homeland they needed to make the landing and capture of Veracruz costly for the invaders. This they failed to do, giving the invaders control of an important port. Sources: Eisenhower, John S.D. So Far from God: the U.S. War with Mexico, 1846-1848. Norman: the University of Oklahoma Press, 1989 Scheina, Robert L. Latin Americas Wars, Volume 1: The Age of the Caudillo 1791-1899 Washington, D.C.: Brasseys Inc., 2003. Wheelan, Joseph. Invading Mexico: Americas Continental Dream and the Mexican War, 1846-1848. New York: Carroll and Graf, 2007.

Kellogg strategy Essay Example | Topics and Well Written Essays - 3000 words

Kellogg strategy - Essay Example Kellogg’s Yogos, cookies and crackers like Kebbler Cookies, natural organic and frozen like Eggo and Loma Linda, and also specialty channels like Kebbler Graham Crackers Crumbs and Kellogg’s Stuffing Mix. It can be said that the company is currently successful in its marketing and production strategies since it was reported in its 2009 annual report that the company has exceeded the targets they have set. Shown in the following table is the summary of the net sales and net sales growth from 2006 to 2008. This shows that from 2006 to 2008 the net sales of the company are increasing significantly despite the reported economic problems worldwide. This goes to show also that people still rely on the food products of the company despite all the identified problems that affect the world and each and every household. The company operates in different countries worldwide and is highly visible and represented in the United States, United Kingdom, Asia-Pacific (including South Africa), and Latin America. The following table shows the net sales of the company in these geographic areas. The report shows that the United States is still the biggest market of the company while the Asia-Pacific is yielding the smallest net sales. It should be noted though that from 2006 to 2007 the net sales of the company across all these geographic areas is increasing significantly which shows that their promotion strategies are effective. They should however increase promotions and marketing in the Asia-Pacific since this is a potentially large market. The company continues to strive to better its products by improving each and every item that they market by providing support to its research and development department. There was an increase in financial support from 2007 ($179M) to 2008 ($181M) that shows the important role of the R&D for the company. As part of their strategy for growth, they continue to improve on their products and quoting their 2008 annual report â€Å"Our

Managing Diversity Essay Example | Topics and Well Written Essays - 3000 words - 1

Managing Diversity - Essay Example (2008) Managing Diversity; the business case; London; CIPD] In this age of globalization, there is much controversy on the coming together of all kinds of people for a common purpose. Diversity is slowly becoming a common feature in schools, workplaces and communities. Due to this development, a lot of issues crop up such as acceptance of different races and cultures, sexual preferences, educational qualifications and changes in practices previously viewed as established norms. In the workplace, it takes various strategies to facilitate people from various backgrounds to work together towards the same goals. Motivation of people must be one strong quality of a great manager. The concept of diversity has been broadened to include all â€Å"individuals who bring unique perspectives or outlooks to the organization† (Schakelford, 2004, p.53). That means, it not only includes the traditional categories of race and gender, but also people with disabilities, various sexual orientations, and other non-traditional categories considered having â€Å"diversity of thought† or those from different disciplines, college degrees, socio-economic backgrounds, etc. It was Rev. Martin Luther King Jr. who inspired the concept of diversity when he advocated that people should be judged by their character, not by the color of their skin. This propelled lawmakers to come up with laws that provide equal opportunity to all (Mor Barak, 2000). These laws have been designed protect anyone from being discriminated against by reason of sex, marital status, ethnic or national origin, color, race, nationality, age, disability, religion, and differing terms of employment, including pay for jobs of equal value. â€Å"Equal opportunity† is a means by which a person receives equal access in society. â€Å"Equal opportunities approach† is premised on the principle that all people can avail of

Constitutional Recognition of Indigenous Australians Essay Example for Free

Constitutional Recognition of Indigenous Australians Essay Introduction During the 2010 Federal election, both major political parties campaigned on indigenous affairs. Following the ALP’s victory, Prime Minister Gillard established an independent Expert Panel to â€Å"to investigate how to give effect to constitutional recognition of Aboriginal and Torres Strait Islander peoples. † Two schools of thought have dominated the national conversation of how this should be achieved. One view is that an amendment to the preamble of the constitution will provide safe and symbolic recognition. The alternative view is that more substantive reform is required to secure equality before the law. On January 16 2012, the Panel presented the Prime Minister their report and proposed five amendments to the Commonwealth Constitution. This paper will evaluate the five proposals and the reasons offered by the Panel. Each amendment will be analysed on its symbolic significance and potential legal ramifications. Finally this paper will conclude on how to best give Indigenous Australians recognition within the constitution. Constitutional Recognition For the panel, constitutional recognition of Indigenous Australians means removing provisions in the Constitution that contemplate racial discrimination. Whether intended or not, the five proposals address the broader issues of racial discrimination and equality before the law within the Commonwealth Constitution. Repealing section 25 In its report, the Panel indicates that 97. 5% of all submissions approve of repealing section 25. Section 25 reads: For the purposes of the last section, if by the law of any State all persons of any race are disqualified from voting at elections for the more numerous House of the Parliament of the State, then, in reckoning the number of the people of the State or of the Commonwealth, persons of that race resident in that State shall not be counted. On face value, section 25 appears racist as it contemplates States excluding voters on the grounds of race. This interpretation has been affirmed by Chief Justice Gibbs in McKinlayss case (1975). Section 25 must be read with section 24 to ascertain the real intention of the framers. Section 24 specifies that the number of lower house representatives is determined by dividing the total number of people of the Commonwealth by twice the number of senators and then dividing the population of each state by that quota. Therefore, by racially excluding voters the numerical input of the State’s population is reduced; the State’s federal representation decreases and discriminatory states forgo greater federal representation. Although section 25 was intended to penalise racially discriminatory states, a State was able to enact discriminatory legislation by drafting laws that did not disenfranchise all members of a racial group. For instance, New South Wales denied certain classes of indigenous people the right to vote. The panel states that this proposal is technically and legally sound. Many constitutional commentators agree but there is a small minority who have identified possible legal consequences. In 1980, Justice Dean included section 25 as a provision guaranteeing the right to vote. The right to vote is not constitutionally entrenched. Parliament has authority to determine the electoral process pursuant to section 30. It is unclear whether the High Court would find legislation that disqualified people of certain races from voting invalid because of the section 7 words directly chosen by the people and section 24. Theoretically, it may be argued that section 25 should not be removed until the right to vote is constitutionally entrenched. However, this view is highly unorthodox and section 25 should be repealed. Repealing section 51 (XXIV) Section 51(xxvi) authorises the Commonwealth to make laws with respect to â€Å"the people of any race for whom it is deemed necessary to make special laws†. The Panel recommends removing section 51(xxvi) as it contemplates discrimination against Aboriginal and Torres Strait Islander peoples. In Koowarta v Bjelke-Petersen, the Aboriginal Land Fund Commission was denied purchasing Pastoral property from the Crown. The Queensland Minister for Lands reasoned that the government did not view favourable proposals to acquire large areas of land for development by Aborigines in isolation. Koowarta argued that the Minister was in breach of sections 9 and 12 of the Racial Discrimination Act 1975 (Cth). Joh Bjelke-Petersen challenged the constitutional validity of the Racial Discrimination Act 1975 (Cth). The Premier argued that s51(xxvi) does not confer power to make laws which apply to all races. A majority of the High Court found that sections 9 and 12 of the Racial Discrimination Act 1975 were invalid pursuant to s 51 (xxvi). The Hindmarsh Island Bridge case illustrates parliament’s ability to enact adversely discriminatory laws in relation to race. The case concerned whether the Hindmarsh Island Bridge Act 1997 (Cth) could remove rights which the plaintiffs enjoyed under the Aboriginal and Torres Strait Islander Heritage Protection Act 1986 (Cth). The Ngarrindjeri women argued that the races power only allowed parliament to pass laws that are for the benefit of a particular race. The Commonwealth argued that there were no limits to the power. The High Court found that as the Heritage Protection Act was validly enacted under s 51(xxvi), the same head of power could support a whole or partial repeal. The High Court was divided on whether S 51(xxvi) could only be used for the advancement or benefit of a racial group. In his judgement, Justice Kirby found that section 51 (xxvi) does not extend to the enactment of laws detrimental to or discriminatory against, the people of any race (including the Aboriginal race) by reference to their race. Justices Gummow and Hayne said that there was no basis for reading s51(xxvi) as not permitting adverse discrimination. In summary, Kartinyeri v The Commonwealth did not confirm that laws enacted under section 51 (xxvi) must be beneficial. Since then, it has generally been accepted that s 51 (xxvi) gives the Commonwealth power to discriminate either in favour or against members of a particular race. The removal of S51 (xxvi) would be a significant symbolic gesture to Indigenous Australians as they are the only group to whom section 51(xxvi) laws have been enacted. Not all laws passed under s 51 (xxvi) have been adversely discriminatory. In Commonwealth v Tasmania (The Tasmanian Dam Case), sections 8 and 11 of The World Heritage Properties Conservation Act 1983 (Cth) were held to be constitutionally valid pursuant to s 51 (xxvi). As a result, the Franklin River Hydroelectric Dam could not be constructed in a place considered spiritually significant by Aboriginal people. A repeal of section 51 (xxvi) might not invalidate the World Heritage Properties Conservation Act. Other powers, specifically the external affairs power in s51 (xxix), would support this legislation under the principle of dual characterisation. Other beneficial legislation may not be supported under the same principle. In Western Australia v The Commonwealth, the court found The Native Title Act 1993 (Cth) constitutionally valid pursuant to section 51 (xxvi). The court did not find it necessary to consider any other heads of power. Australias endorsement of the UN Deceleration on the Rights of Indigenous People may provide scope to support the Native Title Act 1993 (Cth) under the external affairs power. However, it seems reckless to gamble with legislation that establishes a framework for the protection and recognition of native title. Repealing section 51 (xxvi) will also limit the Commonwealths ability to pass new laws for the advancement of Indigenous Australians. For these reasons, the Panel proposes that the repeal of section 51 (xxvi) must be accompanied by a new head of power with respect to Indigenous Australians. Inserting section 51A The preamble to S51A is the first recommendation which actually addresses the important contributions of Indigenous Australians. Section 51A also allows the Commonwealth to makes laws with respect to Aboriginal and Torres Strait Islanders. Similar to section 51(xxvi), the power contained within section 51A is not subject to any conditions. This is somewhat of a double edged sword. All laws currently passed under section 51 (xxvi) have only been enacted with respect to Indigenous Australians. As the power is not subject to any restriction, all legislation pursuant to section 51 (xxvi) would most likely be supported by section 51A. Alternatively, section 51A could be used to enact legislation that is adversely discriminatory. The Panel states that the preamble which acknowledges ‘the need to secure the advancement of Aboriginal and Torres Strait Islander peoples will mitigate this risk. However, a preamble is only used to resolve an ambiguity within a text. The power to make laws with respect to Aboriginal and Torres Strait Islander peoples is not particularly ambiguous. The Panels predicts laws passed pursuant to s 51A would be assessed on whether they broadly benefit the group concerned. The actual word used is advancement which would be interpreted differently to benefit. Furthermore, the High Court is not always ready to embrace a value judgement such as one based benefit’. Credit should be given to the Panel for this proposal. The preamble to Section 51A constitutionally recognises the history, culture and contributions of Indigenous Australians. The new head of power will likely ensure that current legislation pursuant to section 51 (xxvi) will continue to operate. Section 51A also removes parliament’s power to enact laws with regards to a person’s race. This proposal addresses the apartheid nature of our constitution. However, Section 51A is not the white knight which was hoped for. It will be the courts who decide whether this new power is ambiguous. If Section 51A is found to be ambiguous, the courts will have significant discretion in interpreting the meaning of â€Å"advancement†. To overcome these issues, the panel has recommended that a racial non-discrimination provision (S116A) be added to the constitution. Inserting section 116A There are both policy and legal issues concerning section 116A. Firstly, Australia has a history of avoiding constitutional entrenchments of rights. The proposed anti-discrimination provision only protects racial groups. Section 116A may be viewed as privileging anti-racial discrimination over anti-sex discrimination or anti-homophobic discrimination. The first legal consideration is which groups will be protected by section 116A. Jewish people are recognized as an ethnic group but Muslims are not. It is uncertain whether Muslims would receive the same protection as Jews. Furthermore, would a person who converted to Judaism receive identical protection as a person who was born Jewish? The second legal issue is how Section 116A will affect existing state and commonwealth anti-discrimination legislation. For example, Anti-discrimination state law authorise discrimination in the employment of actors for reasons of authenticity. In addition, sections 12 and 15 of the Racial Discrimination Act 1975 (Cth) permits people to discriminate when they are searching for someone to share or work with in their home. Once again, it will be for the court to decide if these provisions are constitutionally invalid. The panel has affirmed that S116A (2) will support laws enacted under s 51 (xxvi) and section 51A. Like section 51A, section 116A could be interpreted by the courts in ways that were not intended. The courts will have significant discretion in determining what â€Å"is for the purpose of overcoming disadvantage†. An important issue for the Indigenous community is the Northern Territory Intervention. In Wurridjal v Commonwealth, the high court upheld the government’s partial repeal of the Racial Discrimination Act under the race powers. The court also upheld the Northern Territory National Emergency Response Act pursuant to section 51 (xxix). Due to the principle of dual characterisation, it is unlikely that S116A will provide an avenue for Indigenous people to contest the intervention. S116A is probably the most controversial recommendation as it concerns equality before the law. This issue is probably better dealt with by an expert panel assessing a Bill of Rights. To achieve a similar result, the panel could propose that section 51A has an accompanying provision similar to 116A(2). Insert section 127A. Section 127A is a provision which recognises Indigenous languages as the original language of Australia. A separate language provision is necessary to capture the importance of traditional languages within Indigenous culture. Section 127A also acknowledges that English is the national language of Australia. The Panel rejected a submission suggesting all Australian citizens shall have the freedom to speak, maintain and transmit the language of their choice’. The Panel did not want to give rise to legal challenges regarding the right to deal with government in languages other than English. It is unclear what practical consequence would flow from s127A. Section 127A could be used to secure funding for Indigenous languages on the grounds of national heritage’. Nonetheless, the Panel does not intend for this provision to give rise to new legal rights. S127A is symbolically important and is an appropriate way of constitutionally recognising Indigenous Australians. Summary of analysis This analysis concludes that the five proposals put forward by the panel appropriately balance substantive reform and symbolic significance. As a result, the Panel should be congratulated. If the Panel’s goal was to remove overtly racist tones within the Australian Constitution then they have succeeded. If the panels objective was to definitively correct the wrongs of Kartinyeri v Commonwealth and the Northern Territory Intervention then they have failed. The amendments proposed do not sufficiently address racial discriminatory acts passed under other heads of power. Section 116A(2) has been perceived as a tasteful reformulation of the races power. Furthermore, the proposals provides the courts substantial discretion in interpreting terms such as â€Å"overcoming disadvantage†, â€Å"advancement† and â€Å"group†. In essence, the most important issue does not concern symbolic change or substantive reform. It is simply a question of which proposals will gain bipartisan support. Conclusion The panels proposals could succeed at referendum. Firstly, Australians are more likely to support something substantive than purely symbolic. Secondly, this is not an issue which would be perceived as a politicians proposal. Australians are hesitant to support proposals perceived as self-serving. Thirdly, the Panel indicates that its proposals are capable of being supported by an overwhelming majority of Australians. Nonetheless, to succeed at referendum, the support from the Federal opposition government and all State governments is essential. It is very easy, and sometimes attractive, for the federal Opposition to oppose a referendum. It can be a useful way of generating a negative public reaction to the government and its agenda. Since 2010, the Coalition has fought the government on nearly every political issue. Even when the parties agree in principle, they have different ways of solving the issue. For example, both parties are for off-shore processing of illegal immigrants but disagree on where and how it should be done. Both parties are committed to recognising Indigenous Australians within the constitution. So far, the LNP has said it will consider substantive reform but has only committed to preambular recognition. The Panel not only recommends substantive reform but also addresses racial equality before the law. It is very uncertain whether the LNP will support a policy so different to their 2010 election promise. The next federal election is only 18 months away. If the referendum and election are held concurrently, there is more incentive for the Coalition to oppose the Panels recommendation. It would be disastrous for the nation if the referendum fails. The ‘gap’ will swell and the international community will view Australia as a nation of racists. It could be argued that the Government should have appointed a bipartisan panel rather than an independent panel. A bipartisan panel may not have produced ‘better’ recommendations to those of the Panel. They would, however, have generated proposals that both parties would stand behind. Bibliography * ABC Television, ‘Asylum seeker stand-off intensifies’, The Midday Report, 20 December 2011. http://www.abc. net. au/news/2011-12-20/bowen-seeks-bipartisan-meeting-on-offshore-processing/3739984 at 29 April 2012. * Aboriginal and Torres Strait Islander Social Justice Commissioner, ‘Declaration on the Rights of Indigenous Peoples, Australian Human Rights Commission’, http://www. hreoc. gov. au/social_justice/international_docs/2011_EMRIP * Agreement between the Australian Greens and the Australian Labor Party, 1 September 2010. * Attwood, Bain and Markus, Andrew, The 1967 Referendum: Race, Power and the Australian Constitution, (Aboriginal Studies Press, 2007). * Behrendt, Larissa, ‘Mind, body and spirit: pathways forward for reconciliation’ (2001) 5 Newcastle Law Review 1. * Brennan, Sean, ‘Constitutional reform and its relationship to land justice’ (2011) 5 Land, Rights, Laws: Issues of Native Title 2. * Castan, Melissa, Submission to Panel on Indigenous Constitutional Recognition (Monash University Castan Centre for Human Rights Law, September 2011). * Castan, Melissa, ‘Constitutional deficiencies in the protection of Indigenous rights: reforming the ‘races power’. ’ (2011) 7 Indigenous Law Bulletin 25. * Convention Debates, Melbourne, 1898, pages 665-714. * Costar, Brian, ‘Odious and outmoded? ’ Race and Section 25 of the Constitution, in John Chesterman and David Philips (eds), Selective Democracy: Race, Gender and the Australian Vote (Melbourne Publishing Group, 2003). * Davis, Megan, ‘A culture of disrespect: Indigenous peoples and Australian public institutions’ (2006) UTS Law Review 8. * Davis, Megan, ‘Constitutional Reform and Aboriginal and Torres Strait Islanders People: Why do we want it now? ’ (2011) 7 Indigenous Law Bulletin 25. * Davis, Megan and Lino, Dylan, ‘Constitutional Reform and Indigenous Peoples’ (2010) 7 Indigenous Law Bulletin 19. * D’Cruz,Raylen, ‘ Assessing the Need for a Constitutionally Entrenched Bill of Rights in Australia’ (2007) Student Law Review, Bond University http://epublications. bond. edu. au/cgi/viewcontent. cgi? article=1002context=buslr page 2 at 27 April 2012. * Expert Panel on Constitutional Recognition of Indigenous Australians, Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution, (January, 2012): http://www. youmeunity. org. au/finalreport. * Griffith, Gareth, ‘The Constitutional Recognition of Aboriginal People’ (2010) 12 Constitutional Law and Policy Review 4. * Jonas, William, ‘’Unfinished business’: the recognition of Aboriginal and Torres Strait Islander rights’ (2001) 5 Newcastle Law Review 1. * Karvelas,Patricia, ‘Referendum’s timing fluid’, The Australian, 18 April 2012 http://www. theaustralian. com. au/national-affairs/indigenous/referendums-timing-fluid/story-fn9hm1pm-1226330762268. * Kerr, Christian, ‘Libs baulk on referendum support’, The Australian, 30 January 2012 http://www. theaustralian. com. au/national-affairs/indigenous/libs-baulk-on-referendum-support/story-fn9hm1pm-1226256684571. * Keyzer, Patrick, Principles of Australian Constitutional Law (LexisNexis Butterworths, Australia: 3rd ed, 2010). * Kildea, Paul, ‘More than mere symbolism’, Australian Financial Review, 10 February 2012. * Kirby, Michael, Constitutional Law and Indigenous Australians: Challenge for a Parched Continent, Law Council of Australia, Old Parliament House, Canberra, Friday 22 July 2011 Discussion Forum ‘Constitutional Change: Recognition or Substantive Rights? ’. * Law Council of Australia, Constitutional Recognition of Indigenous Australians Discussion Paper, 19 March 2011. * LexisNexis AU, Halsbury’s Laws of Australia, (at April 2012), ’90 Constitutional Law’ [90. 1620]. * McHugh, Michael, Australian Constitutional Landmarks (Cambridge University Press, Cambridge, 2003). * McQuire, Amy, ‘Constitutional reform report sparks mixed reviews’, Tracker, 19 January 2012. * Morris, Shireen, ‘Agreement-making: the need for democratic principles, individual rights and equal opportunities in Indigenous Australia’ (2011) 36 Alternative Law Journal 3. * Morris, Shireen, ‘Indigenous constitutional recognition, non-discrimination and equality before the law: why reform is necessary’ (2011) 7 Indigenous Law Bulletin 26. * Morse, Bradford, â€Å"Indigenous Provisions in Constitutions Around the World† 2011 Paper located at http://www. youmeunity. org. * Pengelley, Nicholas, ‘Hindmarsh Island Bridge Act – Must Laws Based on the Race Power be for the Benefit of Aboriginal and Torres Strait Islanders- and What has Bridge Building got to do with the Race Power Anyway’ (1998) 20 Sydney Law Review 144. * Prior, Flip, ‘Recognition poll unlikely, days Dodson’, The West Australian, 11 April 2012. * Rintoul, Stuart, ‘Race power opens Pandora’s box’, The Australian, 22 December 2011 * Rowse, Tim, ‘The practice and symbolism of the ‘race power’: rethinking the 1967 referendum’ (2008) 19 Australian Journal of Anthropology 1. * Sawer, G, ‘The Australian Constitution and the Australian Aborigine’ (1966) 2 FL Rev 17. * Thomson Reuters, The Laws of Australia, (at April 2012), ’1. 1 Constitutional Status’ [1. 1. 280]. * Thomson Reuters, The Laws of Australia, (at April 2012), ’1. 1 Constitutional Status’ [1. 1. 300]. * Thomson Reuters, The Laws of Australia, (at April 2012), ’1. 1 Constitutional Status’ [1. 1. 430]. * Thomson Reuters, The Laws of Australia, (at April 2012), ’1. 1 Constitutional Status’ [1. 1. 450]. * Thomson Reuters, The Laws of Australia, (at April 2012), ’1. 1 Constitutional Status’ [1. 1. 460]. * Thomson Reuters, The Laws of Australia, (at April 2012), ’1. 1 Constitutional Status’ [1. 1. 480]. * Thomson Reuters, The Laws of Australia, (at April 2012), ’1. 6 Civil Justice Issues’ [1. 6. 190]. * Thomson Reuters, The Laws of Australia, (at April 2012), ’1. 6 Civil Justice Issues’ [1. 6. 240]. * Thomson Reuters, The Laws of Australia, (at April 2012), ’1. 7 International Law’ [1. 7. 180]. * Thomson Reuters, The Laws of Australia, (at April 2012), ’19. 1 Constitutional Law’ [19. 1. 230]. * Thomson Reuters, The Laws of Australia, (at April 2012), ’19. 5 Federal constitutional system’ [19. 5. 157. 1]. * Thomson Reuters, The Laws of Australia, (at April 2012), ’21. 10 Equality and the Rule of Law’ [21. 10. 160] * Thomson Reuters, The Laws of Australia, (at April 2012), ’21. 10 Equality and the Rule of Law’ [21. 10. 350]. * Twomey, Ann, Indigenous Constitutional Recognition Explained (University of Sydney Law School Constitutional Reform Unit, 26 January 2012). * Ward, Alexander, ‘At the Risk of Rights: Does true recognition require substantive reform? ’ (2011) 7 Indigenous Law Review 25. * Watson, Nicole, ‘The Northern Territory Emergency Response – Has It Really Improved the Lives of Aboriginal Women and Children? ’ (2011) 35 Australian Feminist Law Journal 147. * Williams, George, ‘Recognising Indigenous peoples in the Australian Constitution: what the Constitution should say and how the referendum can be won’ (2011) 5 Land, Rights, Laws: Issues of Native Title 1. * Winckel, Anne, ‘Recognising Indigenous Peoples in the Preamble: Implications, Issues and Interpretation’ (2011) 7 Indigenous Law Bulletin 22. Case List * Attorney-General (Cth); Ex Rel Mckinlay v Commonwealth (1975) 135 CLR 1 * Commonwealth v Tasmania (Tasmanian Dams Case) (1983) 158 CLR 1 * Jones v Toben [2002] FCA 1150 [69]. * Kartinyeri v Commonwealth (1988) 195 CLR 337 * Koowarta v Bjelke-Petersen (1982) 153 CLR 168 * Kruger v Commonwealth (1997) 190 CLR 1 * Leak v Commonwealth (1997) 187 CLR 579. * Miller v Wertheim [2002] FCAFC 156 [14]; * Western Australia v Commonwealth (Native Title Act Case) (1995) 183 CLR 373 * Wurridjal v The Cth (2009) 237 CLR 309 Legislation List. * Aboriginal and Torres Strait Islander Heritage Protection Act 1986 (Cth) * Australian Constitution Act 1975 (Cth) * Constitution Act 1867 (Qld) * Heritage Properties Conservation Act 1983 (Cth) * Hindmarsh Island Bridge Act 1997 (Cth) * Native Title Act 1993 (Cth) * Native Title (Queensland) Act 1993 (Qld) * Northern Territory National Emergency Response Act 2007 (Cth) * Racial Discrimination Act 1975 (Cth) * Anti-Discrimination Act 1977 (Nsw) [ 1 ]. Law Council of Australia, Constitutional Recognition of Indigenous Australians: Discussion Paper March 2011 part 1. 1 at 23 April 2012. [ 2 ]. Australia, Expert Panel on Constitutional Recognition of Aboriginal and Torres Strait Islander peoples, Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution page 1 at 23 April 2012. [ 3 ]. Alexander Ward, At the Risk of Rights: Does True Recognition Require Substantive Reform (2011) 7 Indigenous Law Bulletin 3, 3. [ 4 ]. Ibid. [ 5 ]. Ibid. [ 6 ]. Australia, Expert Panel on Constitutional Recognition of Aboriginal and Torres Strait Islander peoples, Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution page 1 at 23 April 2012. [ 7 ]. Ibid [4]. [ 8 ]. Ibid [5. 3]. [ 9 ]. Commonwealth of Australia Constitution Act (Cth) s 25. [ 10 ]. B Costa, Odious and Outmoded? Race and Section 25 of the Constitution (2011) The Swinburne Institute for Social Research page 1 at 25 April 2012. [ 11 ]. Attorney-General (Cth); Ex Rel Mckinlay v Commonwealth (1975) 135 CLR 1, [36], [44]. [ 12 ]. B Costa, Odious and Outmoded? Race and Section 25 of the Constitution (2011) The Swinburne Institute for Social Research page 1 at 25 April 2012. [ 13 ]. Commonwealth of Australia Constitution Act (Cth) s 24. [ 14 ]. Ibid. [ 15 ]. Convention Debates, Melbourne, 1898, pages 665-714. [ 16 ]. B Costa, Odious and Outmoded? Race and Section 25 of the Constitution (2011) The Swinburne Institute for Social Research page 4 at 25 April 2012. [ 17 ]. Australia, Expert Panel on Constitutional Recognition of Aboriginal and Torres Strait Islander peoples, Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution page 5. 3 at 23 April 2012. [ 18 ]. B Costa, Odious and Outmoded? Race and Section 25 of the Constitution (2011) The Swinburne Institute for Social Research page 6 at 25 April 2012. [ 19 ]. Ibid [5]. [ 20 ]. Ibid [6]. [ 21 ]. Ibid [5]. [ 22 ]. Commonwealth of Australia Constitution Act (Cth) s 51 (xxvi). [ 23 ]. Australia, Expert Panel on Constitutional Recognition of Aboriginal and Torres Strait Islander peoples, Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution page 5. 4 at 23 April 2012. [ 24 ]. Koowarta v Bjelke-Petersen (1982) 153 CLR 168. [ 25 ]. Ibid [169-170]. [ 26 ]. Ibid. [ 27 ]. Ibid. [ 28 ]. Ibid [174]. [ 29 ]. Kartinyeri v Commonwealth (the Hindmarsh Island Bridge case) (1998) 195 CLR 337. [ 30 ]. Hindmarsh Island Bridge Act 1997 (Cth). [ 31 ]. Aboriginal and Torres Strait Islander Heritage Protection Act 1986 (Cth). [ 32 ]. Ibid. [ 33 ]. Ibid [416-7]. [ 34 ]. Ibid [379-381]. [ 35 ]. Thomson Reuters Legal Online, Halsburys Laws of Australia (at 15 January 1998) 19 Government, 19. 5 Federal Constitutional System [19. 5 – 157. 1] [ 36 ]. Heritage Properties Conservation Act 1983 (Cth). [ 37 ]. (1983) 158 CLR 1. [ 38 ]. Ibid. [ 39 ]. Ibid [5 – 8]. [ 40 ]. Native Title Act 1993 (Cth) [ 41 ]. Western Australia v The Commonwealth (1995) 183 CLR 373. [ 42 ]. Ibid.

Overpopulation of the Earth Essay -- Environment Environmental Polluti

Overpopulation of the Earth The little animatronic children at Disney World were right, it is â€Å"a small world after all†; maybe even too small. At the beginning of the present century there were approximately 1.7 billion people in the world(Southwick pg.159). Today, there are nearly 6 billion people in the world. The world’s population has more than tripled in the span of a hundred years. Given that the earth’s population is constantly on the rise and seeing as how our natural resources are gradually being depleted, we must ask ourselves: what is to become of us and what is to become of our environment? In order to understand this question we must first have a thorough understanding of whether or not there is a population crisis. Having understood this, we must then look at the consequences, if any, of the aforementioned population dilemma. Finally, it is imperative to see whether the governments of the world have appreciated this situation as a crisis and whether or not they have acte d. I) Population Crisis? Population concerns began in 1798 when Thomas Robert Malthus, an Anglican clergyman, wrote an essay entitled An Essay on The Principle of Population (Malthus). The essay focused on the relationship that he believed existed between population growth and human subsistence levels (by ‘subsistence’, Malthus meant anything from food to jobs to land). Malthus argued that the earth’s population expanded ‘geometrically’ while â€Å"’subsistence increases only at an arithmetic ration’†(Malthus). This meant that at some point human beings would experience a scarcity of land, food and jobs, leading to â€Å"human misery and catastrophe† (Southwick pg. 159). This time of misery is described as a time where the poorest classes in societ... ...ally emphasize sexual education and contraceptive distribution), other governments have offered economic incentives to limit family size, governments like China have tried to coerce their people to limit family size and so on. Some of these responses have been more effective than others. Personally, I would argue that the emphasis should be on sexual education and distribution of contraceptives. Sources: Dolan, Edwin G., Ch. 5 from "TANSTAAFL: The Economic Strategy for Environmental Crisis" 1974, pp. 55-72. Hern, Dr. Warren. "Why Are There So Many of Us?" http://www.drhern.com/fulltext/why/paper.html Malthus, Thomas Robert. An Essay on The Principle of Population http://arts-sciences.cua.edu/econ/faculty/aguirre/resenv.htm#1.%20MalthTheory Southwick, Charles H., Ch. 15 from "Global Ecology in Human Perspective" Oxford Univ. Press, 1996, pp. 159-182.

Malaria in Cuban Children and how it differs from children in US

Malaria is a disease cause by a parasite that is transmitted from one person to another by the bite of an Anopheles mosquito. These are female mosquitoes that are most persistent in the tropics and sub-tropic parts of the world Such as Africa Asia and USA Symptoms of malaria may include headache, chills, muscle ache, fever, and malaise. Malaria’s early development stages resemble those of flue which only develop between 6-8 days after being bitten by an infected mosquito. It is estimated that 40% of the world population is at risk of malaria and that it claims an estimated one million lives annually (World Health Organization 1989). Malaria can e prevented through the use of anti-malaria drugs, use of treated mosquitoes nets, oiling others (http://www.cigna.com/healthinfo/hw119119.html). Malarial cases are rare in the US as compared to Cuba. This is because Cuba is a tropic country whose majority population lives below the poverty line. Hence cannot afford basic medication or preventive measures such as the use of mosquito’s nets. On the other had malaria infection in the US is detected mostly among travelers and hence rare. Malaria affects all segments of the population but most severely children, women, and people living with emergency cases such as HIV/ AIDS. Malaria in children causes complications such as paralysis, recurrent fewer, Anemia, blindness, epilepsy and cerebral malaria. If not well treated malaria can affect the subsequent health and development of child; For instance it is estimated that 7% of Cuban children who survive cerebral malaria are left with permanent neurological problems such as spastics, blindness, speech problem and low concentration which affects their performance in school. This has been adverse due to inadequate treatment brought about by poverty; forces people to prescribe their own medication, lack of drugs and expertise in hospitals. (http://lib.store.yahoo.net/lib/elitedeals/disease.htm). Malaria effects on pregnant women are higher in Cuba than the US. For instance only 35 cases were reported in the US in 2000 while more than 10, 000 cases were reported in Cuba. Malarial medications are limited for pregnant women and also children. These infections can lead to death of a woman and her fetus – unborn fetus may get the disease from the mother; thus for this reason pregnant women should not travel to areas where they can get the disease. Some of the adverse effects of malaria during pregnancy include increased chances of still birth, intrauterine growth, retardation and low birth weight of less than 2500 grammes.( http://www.traveldoctor.info/diseases/1.html ) A malarial infection varies depending on someone’s body immunity. For this reason the elderly and those with emergency diseases such as HIV/AIDS are severely affected as their levels of immunity are low, hence increases their chances of infection. Malaria prevalence in Cuban children is high than in the US. This is because of the weak health infrastructure of the country, civil unrests and the widespread resistance to malarial drugs among other causes. However, Malaria infection reduced by 9.0% in 2000 in the US due to change in disease transmission and increased / effective use of anti-malarial chemoprophylaxis. Poverty in Cuba has increase child infection as majority cannot afford basic prevention measures such as mosquito nets, clearing of bushes, and oiling of stagnant water. In addition houses in the rural areas are built of mud unlike the US, which allows mosquitoes to freely enter and leave the houses. In conclusion malaria effects are more severe in Cuban children than in America children as America children have access to free medication and can afford basic preventive measures. On the other hands Poverty of most households and inadequacy of drugs inhibits complete treatment of malaria in Cuban children which affect these development. REFERENCES http://www.traveldoctor.info/diseases/1.html http://lib.store.yahoo.net/lib/elitedeals/disease.htm Maria, G.(2007) Malaria. Retrieved February 25, 2008 from http://www.cigna.com/healthinfo/hw119119.html