Renminbi Case

662, Case 3 1. Do you think the Renminbi is overvalued against the US Dollar? 2. Why does the Chinese government want to keep its currency at an artificially low level against the US Dollar? What is the risk for China? For the US? 3. What would be the consequences of a 20% revaluation (increase in the value of the Renminbi) for China, western countries, Japan, and developing countries? How would it impact workers, exporters, and importers in China? Various studies have suggested that the RMB is undervalued, with recent estimates ranging from 15-50 percent. The greatest beneficiary from a gradual RMB revaluation, accompanied by measures to stimulate demand, will be China itself. Its growth is likely to be more balanced and resilient, and that will have a positive spillover on the rest of the world, including by reducing currency and trade tensions. RMB revaluation causes a loss to consumers outside China since they will confront higher prices of goods imported from China. These losses have to be offset against those of producers who will gain competitiveness. Moreover, China’s trading partners are more likely to gain from RMB revaluation if it comes with measures that accelerate China’s domestic demand relative to its GDP. Indeed, without those measures, the effect of RMB revaluation on China’s current account surplus is likely to be marginal or even to widen it. In the very long run, a revaluation of the RMB could help commodity-exporters to diversify into basic manufacturers. However, over the next few years, RMB revaluation is unlikely to affect these countries’ exports significantly because the prices of their commodity exports are determined in global markets (and denominated in dollars). However, the dollar prices of China’s exports to those countries are likely to rise, reflecting small profit margins in those sectors and the fact that China, as the biggest exporter of those goods, is the price-setter. Some middle-income manufacturing exporters running a trade surplus with China will benefit, too. Other middle-income exporters that import a lot from China could be net losers from the hike in China’s export prices in the short term, but gain as their export volumes expand at China’s expense. Low-income commodity exporters will generally be net losers from RMB revaluation alone and will only benefit if China’s growth accelerates because of accompanying measures taken by the Chinese authorities. Some high-income countries, such as Germany and Japan, which have an initial small trade deficit with China, may lose or gain a little from RMB revaluation alone. However, countries such as Italy and the United States—whose initial trade deficits with China are large and whose exports are not competitive with China’s—will very likely lose, and their lower-income consumers will suffer most as the price of Chinese goods rises. This conclusion does not imply a judgment that a large bilateral trade deficit in Italy and the United States with China is good or bad. It only implies that RMB revaluation is not the way to fix the deficit problem. Instead, increasing national savings rates in Italy and the United States, and increasing consumption in China would be more effective. Given China’s high dependence on price-sensitive exports, a large one-time RMB revaluation may carry unacceptable risks to its growth and stability. In the event of a sharp slowdown in China, those countries that are likely to lose from RMB revaluation anyway, starting with the United States.

The Emperor’s Club

The Emperor's Club IQ . Do you think Professor William Hundred did the right thing? What are the ethical and moral dilemmas would he have experienced? Did his choice help or hinder Sedgwick? A. I believe Professor William Hundred did not do the right thing. Selecting Sedgwick Bell over Martin Blithe, not on the bases of merit, was not only unfair to Blithe but can also be perceived as favoritism. It is true that he wished to see Sedgwick Bell succeed and wished to motivate him to work harder. However, the means to that end were wrong. Motivating a person is very important.It helps increase confidence and builds up self-esteem. Professor Hundred did his very best to encourage Sedgwick to apply himself more in class and at the school. He was quite successful as well. However, Just when it seemed he had finally realized his potential and was on track to make to the final of the Julius Caesar competition, it turned out that he would lose out to Martin Blithe by 1 mark. Professor Hundred thought that this would De-motivate him and further hamper his development. In order to keep him focused towards his goal, Professor Hundred decided to grade him higher than what he deserved.He thought about what would happen if he didn't select Sedgwick Bell. He, however, did not think of the repercussions of his actions on selecting Sedgwick. The implications of his actions on Martin Blithe were not perceived by him at all. The ethical dilemmas are quite clear. Was selecting Sedgwick Bell over Martin Blithe, by changing his grade, the right thing? Did he deserve to be in the final? Selection by any other way other than merit, was it acceptable? When realizing that Sedgwick was cheating, expose his lie or adhere to the headmaster and keep mum about it? The moral areas are a little bit more than lack and white.What would be the effect on Sedgwick if he wasn't selected? Given his relation with his father, would he be able to recover after that? Would he give up trying all together po st failure? And what about himself? Was he doing the right thing by keeping quiet about the cheating Just because Sedgwick father was the Senator? And had he failed as a professor, a mentor? Professor William Hundred believed his decision would help Sedgwick Bell, to grow, build up his esteem and most importantly, help him have belief in himself. On the contrary, as we could see, it did not aid him in any way.By increasing Sedgwick grade, though with the view of motivating him, was unfair as he did not deserve it. During the competition, on realizing that Sedgwick was cheating, Professor Hundred, on instructions from the headmaster, kept quiet about it. This was his second mistake. This was the second time Sedgwick was given a free pass without any repercussions. This led him to believe that he could get through life, doing what he wanted, in any manner desirable without facing the consequences for his actions. He had no respects for rules, regulations or authority. He continued tha t throughout his life with absolute Gerard to principles.And this holds true, as we see, that even after 25 years, he cheats in the competition. After being caught, he doesn't have even the slightest concern about exposure or, for that matter, any remorse. Q. What would you do as a teacher? What would you do as a student? A. Contrary to what Sedgwick Bell's father mentioned in the movie, I believe it is the Job of the teacher to mould the student and create structure in their life. Coming to SST. Benedict School for Boys, which is an organization of sorts, Sedgwick was an outsider. Professor William Hundred did his very best to welcome him into the origination.After considerable effort and time, Sedgwick was motivated to work hard towards his education. As a teacher, everything Professor Hundred did till then was absolutely correct, not unlike what I would have done. In my opinion, motivating students to apply themselves, giving them guidance, encouraging them to work harder, basica lly, mentor them are some of the very essential qualities of an excellent educator and Professor Hundred, definitely, was one. However, when it came to the Julius Caesar Competition, I would not have done any of the things that the professor id.He seemed to be a very ethical man most of them times. However, when it came to Sedgwick, his ethics seemed to be on a shaky ground. To start off, I would not have changed his grade. It would not only be unfair to Martin Blithe, who rightfully belonged to the final, but to Sedgwick as well. It was true that he tried very hard, his progress was tremendous and he had a difficult relationship with his father. However, none of these factors change the fact that he did not deserve to be in the final on the very grounds of merit. Also, when realizing that Sedgwick was cheating,Professor Hundred immediately told the headmaster. The headmaster refused to let Professor Hundred expose Sedgwick only on the grounds that Sedgwick was the Senator's son. If I were in Professor Hunter's shoes at that time, I would first try and convince the headmaster that covering up Sedgwick deceit was wrong and that he must be exposed. If even then the headmaster were to refuse to comply, I would have to call Sedgwick out on his dishonesty. The implications of such an action on my Job would surely hinder me, but I would expose him, Just because it was the right thing to do.If not then, in front of the whole school, then surely later. I would make sure Sedgwick deception did not go unpunished. As a student, my only real Job is to try and absorb everything around me, the lessons; the knowledge gained from them, in and outside the classrooms and evolve. Basically, all one needs to be is a sponge. Some of the things that help a student evolve are his peers, his friends. Sedgwick did not think much about them when his mind was set on something, be it disrupting someone's studies or Just having fun, even if it gets them into trouble. I would never take ad vantage of my friends.I would treat them exactly the way I would want to be treated by them. Most importantly, I would try to learn from them. Temptation is a strong emotion which deters everyone's path sometime or another. However, if one's principles are sound, one does not need to worry about straying from the right path. Cheating, whatever be the circumstances is wrong. It is not only unethical but it also goes against my beliefs of Just. The guilt of taking somebody else's position especially when I did not deserve it would be very strong. I would also not be as callous about my education as Sedgwick.A famous and powerful father may get me in any prestigious universities but my learning would be compromised. Most importantly, the guilt of cheating and getting away with it would surely keep me up at night. There has to be a sense of Justice. The repercussions of my actions must be known to me. Rules and regulations are the building blocks for the development of individual struct ure. As a teacher, I would work towards helping students realize their potential but within the framework of what is ethically correct. As a student, I would try and embrace the principles, learn and evolve. Q.How would behavior like Sedgwick impact organization behavior? How would Sedgwick like attitude and behavior impact his life? A. Sedgwick Bell had a very strong assertive personality. He had absolute disregard for rules, regulations, principles and authority. In any organizational setting, such behavior would be very disruptive. His lack of respect for authority would make working in a hierarchical environment very difficult. Carrying out assigned tasks and duties received from the directly above echelon would not be done effectively or otherwise if there is no everyone from whosoever it has been delegated.He was also very self righteous. Such behavioral individualist traits would make it hard to work efficiently within the organizational framework. There would be lack of comm unication, vertically as well as horizontally. Sedgwick failed to think about others as he did not have much concern for others. Such behavior in an organization would not help him function well with his colleagues. Interaction with people will help one gain knowledge and grow. Lack of concern for others feelings will not only restrict his development, it will make him a Uriah within the organization.All in all, it will affect his functioning capabilities. Within an organization, one functions with a set of goals, short term as well as long term. Sedgwick did not have any planned objectives. He did not know, nor did he wish to gain from his time at SST. Benedicts. Such behavior can lead to stagnancy within any organization. There will be no scope for growth. Sedgwick, however, when motivated was ready to apply himself and work. Such a quality would be very useful in an organization setting. When motivated enough, an individual would be much more productive.The individual and company goals would be met more quickly and efficiently. What one learns in his early life are some lessons which will shape him for the rest of his life. Sedgwick Bell learned that he could always get ahead without really applying himself and without facing any repercussions for his actions. His disregard for anyone other than himself will make it very difficult for him to lead a happy and successful life. To an outsider he would seem happy and satisfied, but without the respect of others, especially his own family, he will not really have accomplished anything.The first time he cheated in the Julius Caesar competition, he did that as he lacked the confidence to believe that he could actually win. That doesn't take away from the fact that was wrong. However, his attitude that even on being caught he wouldn't be exposed due to the clout his father had is even more troublesome. Such a laid back attitude to rules and a belief that he could get out of any situation will not help him in his li fe at all. Would he pass on these values to his children, the same way he received them from his own father? In his professional life, he might become very successful, which he does, but at what expense?We see it yet again, that even after 25 years he cheats in the competition. He does so with no remorse and completely discounts the repercussions. The only time he feels any guilt over what he has done is when his son finds out. For a second we are lead to believe, that maybe, there is some hope. Alas, that isn't true. There are ways to get ahead in life, but having an indifferent attitude towards rules and regulations is not one of them. He might become a Senator, but to really make a difference, he needs to understand people, follow the rules and mostly importantly, learn to value principles.

Father Son Conflict in Death of a Salesman and All My Sons

In the sass, French philosophers such as Roland Farther, Gilles Delude, Jacques Deride, Michel Faculty, and Jean- Franà §ois Leotard departed from conventional studies in the history of philosophy and Egan to address the epistemological crisis reinforcing Western philosophical thought. Their early scholarship focused on the structure of language and its role in forming world-views. The work of the Swiss linguist Ferdinand De Assures, especially his posthumous text entitled Course in General Linguistics, presented the Intellectual Insight Tanat was necessary In order to separate ten synchrony Ana diachronic elements of language.Dividing language and, in effect, freeing the sign from the signified, permitted obstructionists to redefine language as a system of differential signs. Jacques Dermis's early writings obfuscate Creature's linguistic turn. Deride could not stand the fact that the Western philosophical tradition privileges spoken (the sonic) over written language (the graphic). It is within this pyramid that the speaker is accepted to be self-authenticating and in control of meaning. The writer, within this representation, is displaced and, presumably, is not in control of meaning.Assures, according to Deride, continues the Western tradition by giving more importance to the spoken word over the written word. Deride describes this as phonetics's, a oppression of writing. His work seeks to invert the hierarchy and so present writing as a necessary displacement of meaning within language. Dermis's innovative variations on Creature's linguistic turn inaugurated postmodernism sustained dismantling of the metaphysics of presence in the Western philosophical tradition. Dermis's critique of language was followed by critiques of truth and meaning in philosophy.Drawing on the work of the German philosopher Frederica Nietzsche, Deride has disrupted the visualized belief that authors intend meaning and that there is a certain truth to be uncovered in texts. Deride, i n the Nietzsche tradition, views philosophy not as a search for truth, but as a rhetorical engagement with the world. Truth and meaning are not fixed: they are metaphorical. Others have extended Dermis's insights to the study of culture, literature, politics, and psychoanalysis, and, indeed, the displacement of meaning and truth characteristic of postmodernism has proved relevant to diverse academic disciplines.Cast in the best possible light, postmodernism challenges hierarchies and presents a multiplicity of interpretations with an optimism that is not shared by the majority of scholars. Postmodernism anti-foundations is often linked to, if not actually equated with, the logic of late capitalism (Frederic Jameson) and political conservatism. Emphasis on epistemological undesirability and the loss of the subject appears to have persuaded many scholars to view postmodernism as nihilistic and irrational.Nevertheless, postmodernism has come to be considered a significant endeavor in c ulture studies. The French philosopher Jean-Francis Leotard has articulated postmodernism within the aesthetic and political spheres. Leotard's postmodernism critiques the totaling tendency of modernity's monolithic world-views. Where there is completion and unity in modernism, one finds deferment and fragmentation in postmodernism. Leotard's major contribution toward a definition of postmodernism is his theory of intransitives.Modernity, according to Leotard, privileges all- encompassing narratives such as fascism, Marxism and capitalism. Leotard's postmodernism encourages little narratives that claim to avoid utilization and preserve heterogeneity. Leotard's challenge to the tendency to conceptualize history as events in a linear sequence means that, for him, postmodernism never can be represented in language or in history. Postmodernism for Leotard is neither a style nor an historical period. Instead, postmodernism is an unrepeatable deferment of conceptualization and totality.Th is is coming from us. And we have not come close to even confronting this thing† (CTD. In Abbots, 2007: 94). Miller by his drama conveys the necessity of a humanistic response to the contemporary world. Such a description closely resembles the objectified picture the postmodern critic, Jameson, creates of contemporary society, where he announces the death of individualism, â€Å"symbolized by the emergent Anoraks Hoot; Profaner Zipper/Studies in Literature and Language Volvo. L No. 8, 2010 primacy of mechanical production† (1991 5), by which all becomes identical and exists without individual identity, choice, or spirit.Miller carefully criticizes the consumer society and its capitalist logic. In fact Wily himself as salesman uses the language of advertisement to earn money. But this consumer world has harsh rules; it exploits everybody and as Wily affirms: â€Å"eat the orange and throw the peel away'(Miller: 61) although † a man is not a piece of Trust† ( 61 In Tact man must struggle Tort survival In a consumer collect, wanly Is Like a consumer industry produces not things, but dreams disguised as things. Wily by the harsh machinery of the contemporary consumer world is beaten down.He cannot get up back. Linda exhorts â€Å"But he's a human being, and a terrible thing is happening to him. So attention must be paid†(40). Wily is the victim of the American Dream and materialistic condition. Wily loan's condition is so close to everybody in the consumer world that develops a sense of kinship to each person. He makes the audience aware of a common fatality and vulnerability. The society that Wily belongs to, is the business world. His boss, Howard, is the representative of the business world, which rejects Wily.Unwilling to accommodate Will's inability to travel anymore, Howard says, â€Å"No, but it's a business, kid, and everybody's goat pull his own weight† (60). Indeed Wily is born as a salesman. Murphy defines this ide a: In the scene between Wily and Howard, he nearly sells Howard on the myth of Dave Signalman before he sabotages his sales pitch by losing his temper. Wily Leman is a very confused man, but his confusion about what it means to be a salesman and what it takes to succeed at the Job is as much cultural as personal (CTD In Abbots, 2007:108).Wily is fired, in the end, not because a hard-nosed employer wants to eat the fruit and throw away the peel but because Wily cannot even sell himself. Bigly(2005) describes Wily Leman â€Å"as agent of an intrusive commercialism victim ND martyr creature touchingly, tragically doomed by the business culture he represented but which also leaves him as solitary figure in the social landscape†(110). In the contemporary consumer world the problem of postmodern man is, he is not being himself. He becomes vehicle for participation in a cycle of production and consumption.He sells a commodity and becomes a commodity. When man thinks he can acquire e verything, material or immaterial by buying it, he regards his personal qualities and the result of his efforts as commodities that can be sold for money. Thus man misses the experience of the activity of the present moment and chases the illusory happiness called success. There are many like Wily, who put all their faith in personality, friendship, and personal loyalty-?†Be liked and you will never want† (Miller: 21), but by coming a new way of thinking about salesmanship everything has changed.Mass production and consumer culture have begun to alter his business economy, therefore, salesmanship has been treated as a profession to be learned. With mass production and increasing competition, buyers and merchants have begun to think more about profit. Murphy s idea about competition is interesting: With the stock market crash in 1929, and the Great Depression that followed it, the competition among salesmen became more and more cutthroat.As Wily tells Ben in one of the da ydream sequences that takes place in 1931, business is bad, it's murderous . Using all of the tricks that Wily has learned in a lifetime of selling, including seducing the buyer's secretary and bribing her with stockings, Wily is barely able to eke out a living for his family (CTD In Abbots, 2007:110). But during this period, the prevailing idea was still that, as Wily puts it, â€Å"the man who sakes an appearance in the business world, the man who creates personal interest, is the man who gets ahead† (21).According to Murphy: in the post-war period, there was a pent-up demand for things like new cars, tires, Dragon-name liquor, Ana nylon stockings, wanly Ana not Eden available ruling ten war. The enormous war industry was being retooled to produce consumer goods, and the advertising business was expanding rapidly as Americans were â€Å"educated† into desiring things like Anoraks Hoot; Profaner Zipper/Studies in Literature and Language Volvo. L No. 8, 2010 vacuum cle aners, television sets, and air conditioners, which had not been manufactured in large quantities before the war. CTD. In Abbots, 2007:111). Death of a Salesman does not simply show the predicaments of the modern man stuck in a postmodern world, but also displays the conflicting views of these two worlds. Bigly(2005), suggests: Wily Loan's American dream is drained of transcendence. It is a faith in the supremacy of the material over the spiritual. There is, though, another side to Wily, a side represented by the sense of insufficiency that sends him searching through his memories looking for the origin of failure, looking for expiation.It is a side, too, represented by his son Biff, who has inherited this aspect of his sensibility, as Happy has inherited the other. Biff is drawn to nature, to working with his hands. He has a sense of poetry, an awareness that life means more than the dollars he earns. Wily has that, too. The problem is that he thinks it is irrelevant to the imperat ives of his society and hence of his life which, to him, derives its meaning from that society (105). The Leman family is caught up in mindless consumerism, â€Å"whipped cheese† (6) and that these new products disrupt attempts at meaningful human interaction.Shockley states: Miller shows the power of advertising and consumerism, and the contradictions of attitudes toward products in the Leman family by having Wily call his Chevrolet both â€Å"the greatest car ever built† and â€Å"that goddamn Chevrolet† in the space of only a few minutes, and in Willis remark that â€Å"Once in my life I would like to own something outright before it's broken! † But while Wily utters these remarks, he still is completely caught up in the pursuit of the dream. (CTD. In bloom, 2007:86) I HAVE MONEY THEN I AM In Death of Salesman the Becoming of man is weighed through his bank balance.It is the strength of his bank account, which accordingly mirrors the importance of his existence as a being. The alienation that the industrial era brought upon men is witnessed in the character of Wily Leman. Through this alienation, Will's connectivity to society is severed and his tie to moral responsibility on behalf of mankind is weakened greatly. He brushes with the uglier side of capitalism, and yet seemed unable to recognize or condemn this brutal side. Shockley asserts: In competitive society the rewards of being successful for Wily is to be well liked and to be rich.To be rich also means to be â€Å"free† in the two senses above, with the added goldfinches of being admired, a model for others (CTD. In Bloom,2007: 84). Miller in Death of a Salesman gives the bitterest satire on human condition in contemporary century. He writes about demutualization result from Enlightenment. Miller criticizes the universal values of Enlightenment humanism. In the capitalism society, consumer culture shows the end of Grand narratives and western metaphysics, which brin g tremendous rifts and disintegration among people. Wily represents the reduction of

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Taxation - Essay Example However, this can only be possible if the public participate in funding the state in order to purchase necessary weapons and also employ the disciplinary forces. The benefit enjoyed by the public in terms of services due to their tax contribution is immeasurable. It is; therefore, appropriate to suggest that Chancellor Osborne is right when he relays the state’s perceptive of tax evasion. The Shaban Mahamood of Shadow exchequer secretary, comments on the state of living being higher than the standard expectation. From his comments, it is clear that, Shaban expects the state to make the cost of living to that level where each of the citizens living United Kingdom can afford. He has held the state at ransom for not playing its role in reducing the cost of living to its general public. Shaban’s comments clearly indicate that the state then has all the rights to demand and even place criminal charges to people evading taxation. The reason behind the support of the state is that, it will only be in a position to provide the so said services if the public plays its rightful role of paying taxes (Davidson 2011). offshore has been compared to a criminal act. The state has even gone further to formulate policies that strengths the taxman. In addition, the people who willingly provide the state with information regarding the evasion of tax by others will be rewarded heftily. As though this is not enough, the UK state has promised to cooperate with the rest of countries that are fighting tax evasion. In the new criminal act targeting the tax evaders, the state has included harsher punishment, longer jail terms and double payment of the evaded taxes. Furthermore, the state continues to quote the amount of recovered taxes in the past two state budget years. As was of rubberstamping the essence of paying taxes, the politician has also used the issue in their campaigns. It is clear from

Research Essay Example | Topics and Well Written Essays - 750 words

Research - Essay Example Libya had been operating under a 1951 constitutional order, a document which was abolished by Gaddafi immediately he rose to power. Gaddafi then put into practice ideologies outlined in his own manifesto, The Green Book. He served until 1977 when he announced that he had officially stepped down from power and claimed that he would maintain a ceremonial position (Freedom House, 2010). With Gaddafi remaining a ceremonial leader, Libya was ruled by People’s Committees as local governments, and indirectly elected General People’s Congress as the legislature. There was also the General People’s Committee, which served as the executive branch. However, to ensure that Gaddafi maintains full control, he manipulated these structures to suit his political endeavors. US diplomats in Libya described his politics as â€Å"mastery of tactical maneuvering†. Gaddafi, together with his family and close friends controlled almost every aspect of business enterprises (Wyatt, 2011). Looking at the political landscape in Libya, one may think that it is one of the best democracies in the world, being one of the richest countries in Africa. However, behind the outwardly wealthy Arab country there is a lot of human suffering. Gaddafi initiated projects that would provide free medical care, free education, and free clean drinking water for all. However, it is claimed that the road network is only good in parts of the country with his support. The free medical care provided is also sub-standard (Freedom House, 2010). There are countries which from outside may seem to have democratic structures in place, but which scrutiny may reveal to be undemocratic. They just have these structures to deceive the international community. These regimes manipulate everything to ensure they stay in power and control virtually everything (Edwards, 1993). Talking of human rights violations, there are believable sources that cite the existence of a crisis. Gaddafi was not only a d e-facto leader, but he was also an autocratic one. Dissent to his regime was notoriously termed illegal under Law 75 of 1973. No one was allowed to form a political party, lest they were executed- ranging from public hangings and the images rebroadcasted on public television channels. There were also assassinations of Libyan dissents all over the world by the Libyan intelligence. Reports also cite rapes and indiscriminate jail terms for dissents (Freedom House, 2010). Our question then is; what is the best approach to promote democracy and protect human rights in Libya? Many countries have intervened but a lot more needs to be done. The Middle East and Northern Africa regions have actually seen involvement of foreign countries since time immemorial; an attempt to promote democracy. However, Islamic leaders have rejected some of them, especially the US, on allegations that they want to rule the Arab world (Ferguson, 2004). There are various interventions, which the international comm unity has made in an attempt to promote democracy in Libya. Countries have not only condemned attacks on civilians but also some of them have also abandoned diplomatic relations with Libya. The recent crisis saw arrest warrants imposed on Gaddafi and his allies by the International Criminal Court. Many countries went as far as supporting the anti-Gaddafi National Transitional Council as the legitimate government. People from other countries have also held

The Public Needs to Know Essay Example | Topics and Well Written Essays - 1000 words - 1

The Public Needs to Know - Essay Example Adams and Brantner (2006) reveal that cancer is the number one killer disease in the United States today. The research showed that over one million people in the U.S. are diagnosed with the cancer every year. This is a worrying statistics considering the fact that no drug has been developed that can cure the disease today. The only hope currently is for one to obtain regular screening to aid early detection, which research shows to increase survival chances if treated immediately with the available drugs. Despite this being the case, cancer treatment is very expensive and many American citizens lack the health insurance. Therefore, to arrest the situation, there is urgent need to develop drugs capable of treating this killer disease. The aim of this discourse is to explore the major issues that might arise due to the development of a cancer treatment drug. The issues to be discussed include economic issues and the special needs of the population being served. In addition, the paper w ill describe the processes that will be involved in the development of the program and its benefits to the population. Economic issues Cancer treatments are the most expensive medical treatment in the United States today. ... Analysts argue that this cost is not only worrying, but is also unrealistic in this day and age when the American economy is struggling to recover from recession. Furthermore, everyone involved in this problem is left wondering how we will be able to afford the cost of cancer in the next decade. It is believed that doctors will only recommend treatments depending on the out-of-pocket spending by patients. Currently almost everyone in the country is worried of how the cost of cancer treatment will be met in the future. As a result, the company’s intention to develop a new cancer treatment drug will be of immense benefit to economically. It will result in a reduction in the cost of healthcare, which would lead to a reduction in the government spending on cancer-related treatments (Jonsson and Wilking 2011). Special needs Currently physicians depend use mainly chemotherapy and radiography to treat cancer. However, patients are concerned that these treatment methods are not only e xpensive and not affordable to many, but are also painful. As a result, patients need a new treatment method that is not only cheap and affordable, but also safe and does not involve a painful experience. This special need can only be addressed through the development of a new treatment drug for cancer. Developing the drug will make the treatment of cancer easier and safer than the methods used today. Furthermore, it will enable the treatment of cancer possible even if cancer is diagnosed very late (Adams and Brantner, 2006). The image shows a patient diagnosed of cancer of the skin. Process involved in the development of the program The process involved in the development of a cancer treatment drug is normally cumbersome and takes from 7 to

Globe Theatre Essay Example for Free

Globe Theatre Essay William Shakespeare was born on April 26, 1564. William Shakespeare was the son of John Shakespeare, an alderman and a successful glover originally from Snitterfield, and Mary Arden, the daughter of an affluent landowning farmer. He was born in Stratford-upon-Avon. He was the third child of eight and the eldest surviving son. Scholars have surmised that he most likely attended the Kings New School, in Stratford, which taught reading, writing and the classics. THEATRICAL CAREER Some of Shakespeares plays were published in quarto editions from 1594. By 1598, his name had become a selling point and began to appear on the title pages. Shakespeare continued to act in his own and other plays after his success as a playwright. EARLY WORKS With the exception of Romeo and Juliet, William Shakespeares first plays were mostly histories written in the early 1590s. Richard II, Henry VI (parts 1, 2 and 3) and Henry V dramatize the destructive results of weak or corrupt rulers, and have been interpreted by drama historians as Shakespeares way of justifying the origins of the Tudor Dynasty. Shakespeare also wrote several comedies during his early period: the witty romance A Midsummer Nights Dream, the romantic Merchant of Venice, the wit and wordplay of Much Ado about Nothing, the charming As You Like It and Twelfth Night. Other plays, possibly written before 1600, include Titus Andronicus, The Comedy of Errors, The Taming of the Shrew and The Two Gentlemen of Verona. LATER WORKS It was in William Shakespeares later period, after 1600, that he wrote the tragedies Hamlet, King Lear, Othello and Macbeth. In these, Shakespeares characters present vivid impressions of human temperament that are timeless and universal. Possibly the best known of these plays is Hamlet, which explores betrayal, retribution, incest and moral failure. These moral failures often drive the twists and turns of Shakespeares plots, destroying the hero and those he loves. In William Shakespeares final period, he wrote several tragicomedies. Among these are Cymbeline, The Winters Tale and The Tempest. Though graver in tone than the comedies, they are not the dark tragedies of King Lear or Macbeth because they end with reconciliation and forgiveness. JULIUS CAESAR The Tragedy of Julius Caesar is a tragedy by William Shakespeare, believed to have been written in 1599. It portrays the 44 BC conspiracy against the Roman dictator Julius Caesar, his assassination, and the defeat of the conspirators at the Battle of Philippi. It is one of several plays written by Shakespeare based on true events from Roman history, which also include Coriolanus and Antony and Cleopatra. THE TEMPEST The Tempest is a play by William Shakespeare, believed to have been written in 1610–11, and thought by many critics to be the last play that Shakespeare wrote alone. It is set on a remote island, where Prospero, the rightful Duke of Milan, plots to restore his daughter Miranda to her rightful place using illusion and skilful manipulation. He conjures up a storm, the eponymous tempest, to lure his usurping brother Antonio and the complicit King Alonso of Naples to the island. There, his machinations bring about the revelation of Antonios lowly nature, the redemption of the King, and the marriage of Miranda to Alonsos son, Ferdinand. THE TAMING OF THE SHREW The Taming of the Shrew is a comedy by William Shakespeare, believed to have been written between 1590 and 1592. The play begins with a framing device, often referred to as the Induction,[1] in which a mischievous nobleman tricks a drunkentinker named Christopher Sly into believing he is actually a nobleman himself. The nobleman then has the play performed for Slys diversion. The main plot depicts the courtship of Petruchio, a gentleman of Verona, and Katherina, the headstrong, obdurate shrew. Initially, Katherina is an unwilling participant in the relationship, but Petruchio tempers her with various psychological torments—the taming—until she becomes a compliant and obedient bride. The subplot features a competition between the suitors of Katherinas more desirable sister, Bianca. HAMLET The Tragedy of Hamlet, Prince of Denmark is a tragedy by William Shakespeare. Set in the Kingdom of Denmark, the play dramatizes the revenge. Prince Hamlet exacts on his uncle Claudius for murdering King Hamlet, Claudiuss brother and Prince Hamlets father, and then succeeding to the throne and taking as his wife Gertrude, the old kings widow and Prince Hamlets mother. The play vividly portrays both true and feigned madness—from overwhelming grief to seething rage and explores themes of treachery, revenge, incest, and moral corruption. Hamlet is Shakespeares longest play and among the most powerful and influential tragedies in English literature, with a story capable of seemingly endless retelling and adaptation by others. [1] The play was one of Shakespeares most popular works during his lifetime and still ranks among his most-performed, topping the Royal Shakespeare Companys performance list since 1879. TWELFTH NIGHT Twelfth Night; or, What You Will is a comedy by William Shakespeare, believed to have been written around 1601–02 as aTwelfth Nights entertainment for the close of the Christmas season. The play expanded on the musical interludes and riotous disorder expected of the occasion,[1] with plot elements drawn from the short story Of Apollonius and Silla by Barnabe Rich, based on a story by Matteo Bandello. The first recorded performance was on 2 February 1602, at Candlemas, the formal end of Christmastide in the years calendar. The play was not published until its inclusion in the 1623 First Folio. MACBETH Macbeth was written by William Shakespeare. It is considered one of his darkest and most powerful tragedies. Set in Scotland, the play dramatizes the corrosive psychological and political effects produced when evil is chosen as a way to fulfil the ambition for power. The play is believed to have been written between 1603 and 1607, and is most commonly dated 1606. The earliest account of a performance of what was probably Shakespeares play is April 1611, when Simon Forman recorded seeing such a play at the Globe Theatre. It was first published in the Folio of 1623, possibly from a prompt book. It was most likely written during the reign of James I, who had been James VI of Scotland before he succeeded to the English throne in 1603. James was a patron of Shakespeare’s acting company, and of all the plays Shakespeare wrote during James’s reign, Macbeth most clearly reflects the playwright’s relationship with the sovereign. MERCHANT OF VENICE The Merchant of Venice is a play by William Shakespeare, believed to have been written between 1596 and 1598. Though classified as a comedyin the First Folio and sharing certain aspects with Shakespeares other romantic comedies, the play is perhaps most remembered for its dramatic scenes, and is best known for Shylock and the famous Hath not a Jew eyes? speech. Also notable is Portias speech about the quality of mercy. The title character is the merchant Antonio, not the Jewish moneylender Shylock, who is the plays most prominent and most famous character. THE COMEDY OF ERRORS The Comedy of Errors is one of William Shakespeares early plays. It is his shortest and one of his most farcical comedies, with a major part of the humour coming from slapstick and mistaken identity, in addition to puns and word play. The Comedy of Errors (along with The Tempest) is one of only two of Shakespeares plays to observe the classical unities. It has been adapted for opera, stage, screen and musical theatre. The Comedy of Errors tells the story of two sets of identical twins that were accidentally separated at birth. Antipholus of Syracuse and his servant, Dromio of Syracuse, arrive in Ephesus, which turns out to be the home of their twin brothers, Antipholus of Ephesus and his servant, Dromio of Ephesus. When the Syracusans encounter the friends and families of their twins, a series of wild mishaps based on mistaken identitieslead to wrongful beatings, a near-seduction, the arrest of Antipholus of Ephesus, and false accusations of infidelity, theft, madness, and demonic possession. POEMS In 1593 and 1594, when the theatres were closed because of plague, Shakespeare published two narrative poems on erotic themes, Venus and Adonis and The Rape of Lucrece. He dedicated them to Henry Wriothesley, Earl of Southampton. In Venus and Adonis, an innocent Adonis rejects the sexual advances of Venus; while in The Rape of Lucrece, the virtuous wife Lucrece is raped by the lustful Tarquin. Influenced by Ovids Metamorphoses, the poems show the guilt and moral confusion that result from uncontrolled lust. [124] Both proved popular and were often reprinted during Shakespeares lifetime. A third narrative poem, A Lovers Complaint, in which a young woman laments her seduction by a persuasive suitor, was printed in the first edition of the Sonnets in 1609. Most scholars now accept that Shakespeare wrote A Lovers Complaint. Critics consider that its fine qualities are marred by leaden effects. The Phoenix and the Turtle, printed in Robert Chesters 1601 Loves Martyr, mourns the deaths of the legendary phoenix and his lover, the faithful turtle dove. SONNETS Published in 1609, the Sonnets were the last of Shakespeares non-dramatic works to be printed. Scholars are not certain when each of the 154 sonnets was composed, but evidence suggests that Shakespeare wrote sonnets throughout his career for a private readership. Even before the two unauthorised sonnets appeared in The Passionate Pilgrim in 1599, Francis Meres had referred in 1598 to Shakespeares sugred Sonnets among his private friends. Few analysts believe that the published collection follows Shakespeares intended sequence. He seems to have planned two contrasting series: one about uncontrollable lust for a married woman of dark complexion (the dark lady), and one about conflicted love for a fair young man (the fair youth). It remains unclear if these figures represent real individuals, or if the authorial I who addresses them represents Shakespeare himself, though Wordsworth believed that with the sonnets Shakespeare unlocked his heart. The 1609 edition was dedicated to a Mr. W. H. , credited as the only begetter of the poems. It is not known whether this was written by Shakespeare himself or by the publisher, Thomas Thorpe, whose initials appear at the foot of the dedication page; nor is it known who Mr. W. H. was, despite numerous theories, or whether Shakespeare even authorised the publication. Critics praise the Sonnets as a profound meditation on the nature of love, sexual passion, procreation, death, and time. ESTABLISHING HIMSELF By 1597, 15 of the 37 plays written by William Shakespeare were published. Civil records show that at this time he purchased the second largest house in Stratford, called New House, for his family. It was a four-day ride by horse from Stratford to London, so it is believed that Shakespeare spent most of his time in the city writing and acting and came home once a year during the 40-day Lenten period, when the theatres were closed. By 1599, William Shakespeare and his business partners built their own theater on the south bank of the Thames River, which they called the Globe. In 1605, Shakespeare purchased leases of real estate near Stratford for 440 pounds, which doubled in value and earned him 60 pounds a year. THE MERMAID TAVERN GROUP About this time Shakespeare became one of the group of now-famous writers who gathered at the Mermaid Tavern located on Bread Street in Cheapside. The Friday Street Club (also called the Mermaid Clu was formed by Sir Walter Raleigh. Ben Jonson was its leading spirit. Shakespeare was a popular member. He was admired for his talent and loved for his kindliness. Thomas Fuller, writing about 50 years later, gave an amusing account of the conversational duels between Shakespeare and Jonson: Many were the wit-combats betwixt him and Ben Jonson; which two I behold like a Spanish great galleon and an English man-of-war; Master Jonson (like the former) was built far higher in learning; solid, but slow, in his performances. Shakespeare, with the English man-of-war, lesser in bulk, but lighter in sailing, could turn with all tides, tack about, and take advantage of all winds, by the quickness of his wit and invention. Jonson sometimes criticized Shakespeare harshly. Nevertheless he later wrote a eulogy of Shakespeare that is remarkable for its feeling and acuteness. In it he said: Leave thee alone, for the comparison Of all that insolent Greece or haughty Rome Sent forth, or since did from their ashes come. Triumph, my Britain, thou hast one to show To whom all scenes of Europe homage owe. He was not of an age, but for all time! Sweet Swan of Avon! what a sight it were To see thee in our waters yet appear, And make those flights upon the banks of Thames, That so did take Eliza, and our James! WRITING STYLE William Shakespeares early plays were written in the conventional style of the day, with elaborate metaphors and rhetorical phrases that didnt always align naturally with the storys plot or characters. However, Shakespeare was very innovative, adapting the traditional style to his own purposes and creating a freer flow of words. With only small degrees of variation, Shakespeare primarily used a metrical pattern consisting of lines of unrhymed iambic pentameter, or blank verse, to compose his plays. At the same time, there are passages in all the plays that deviate from this and use forms of poetry or simple prose. Shakespeare combined poetic genius with a practical sense of the theatre. Like all playwrights of the time, he dramatised stories from sources such as Plutarch and Holinshed. He reshaped each plot to create several centres of interest and to show as many sides of a narrative to the audience as possible. This strength of design ensures that a Shakespeare play can survive translation, cutting and wide interpretation without loss to its core drama. As Shakespeare’s mastery grew, he gave his characters clearer and more varied motivations and distinctive patterns of speech. MARRIAGE AND LIFE IN LONDON In 1582, when he was 18, he married Anne Hathaway. She was from Shottery, a village a mile (1. 6 kilometers) from Stratford. Anne was seven or eight years older than Shakespeare. From this difference in their ages, a story arose that they were unhappy together. Their first daughter, Susanna, was born in 1583. In 1585 a twin boy and girl, Hamnet and Judith, were born. What Shakespeare did between 1583 and 1592 is not known. Various stories are told. He may have taught school, worked in a lawyers office, served on a rich mans estate, or traveled with a company of actors. One famous story says that about 1584 he and some friends were caught poaching on the estate of Sir Thomas Lucy of Carlecote, near Warwick, and were forced to leave town. A less likely story is that he was in London in 1588. There he was supposed to have held horses for theater patrons and later to have worked in the theaters as a page. By 1592, however, Shakespeare was definitely in London and was already recognized as an actor and playwright. He was then 28 years old. In that year Robert Greene, a playwright, accused him of borrowing from the plays of others. Between 1592 and 1594, plague kept the London theaters closed most of the time. During these years Shakespeare wrote his earliest sonnets and two long narrative poems, Venus and Adonis and The Rape of Lucrece. Both were printed by Richard Field, a boyhood friend from Stratford. They were well received and helped establish him as a poet. RELIGION Some scholars claim that members of Shakespeares family were Catholics, at a time when Catholic practice was against the law. Shakespeares mother, Mary Arden, certainly came from a pious Catholic family. The strongest evidence might be a Catholic statement of faith signed by John Shakespeare, found in 1757 in the rafters of his former house in Henley Street. The document is now lost, however, and scholars differ as to its authenticity. In 1591 the authorities reported that John Shakespeare had missed church for fear of process for debt, a common Catholic excuse. In 1606 the name of Williams daughter Susanna appears on a list of those who failed to attend Easter communion in Stratford. Scholars find evidence both for and against Shakespeares Catholicism in his plays, but the truth may be impossible to prove either way. SHAKESPEARE PROSPERS Until 1598 Shakespeares theater work was confined to a district northeast of London. This was outside the city walls, in the parish of Shoreditch. Located there were two playhouses, the Theatre and the Curtain. Both were managed by James Burbage, whose son Richard Burbage was Shakespeares friend and the greatest tragic actor of his day. Up to 1596 Shakespeare lived near these theaters in Bishopsgate, where the North Road entered the city. Sometime between 1596 and 1599, he moved across the Thames River to a district called Bankside. There, two theaters, the Rose and the Swan, had been built by Philip Henslowe. He was James Burbages chief competitor in London as a theater manager. The Burbages also moved to this district in 1598 and built the famous Globe Theatre. Its sign showed Atlas supporting the world. Shakespeare was associated with the Globe Theatre for the rest of his active life. He owned shares in it, which brought him much money. Meanwhile, in 1597, Shakespeare had bought New Place, the largest house in Stratford. During the next three years he bought other property in Stratford and in London. The year before, his father, probably at Shakespeares suggestion, applied for and was granted a coat of arms. It bore the motto Non sanz droictNot without right. From this time on, Shakespeare could write Gentleman after his name. This meant much to him, for in his day actors were classed legally with criminals and vagrants. Shakespeares name first appeared on the title pages of his printed plays in 1598. In the same year Francis Meres, in Palladis Tamia: Wits Treasury, praised him as a poet and dramatist. Meress comments on 12 of Shakespeares plays showed that Shakespeares genius was recognized in his own time. HONORED AS ACTOR AND PLAYWRIGHT Queen Elizabeth I died in 1603. King James I followed her to the throne. Shakespeares theatrical company was taken under the kings patronage and called the Kings Company. Shakespeare and the other actors were made officers of the royal household. The theatrical company was the most successful of its time. Before it was the Kings Company, it had been known as the Earl of Derbys and the Lord Chamberlains. In 1608 the company acquired the Blackfriars Theatre. This was a smaller and more aristocratic theater than the Globe. Thereafter the company alternated between the two playhouses. Plays by Shakespeare were also performed at the royal court and in the castles of the nobles. After 1603 Shakespeare probably acted little, although he was still a good actor. His favorite roles seem to have been old Adam in As You Like It and the Ghost in Hamlet. In 1607, when he was 43, he may have suffered a serious physical breakdown. In the same year his older daughter Susanna married John Hall, a doctor. The next year Shakespeares first grandchild, Elizabeth, was born. Also in 1607 his brother Edmund, also a London actor, died at the age of 27. GLOBE THEATRE The Globe Theatre was a theatre in London associated with William Shakespeare. It was built in 1599 by Shakespeares playing company, the Lord Chamberlains Men, on land owned by Thomas Brend and inherited by his son, Nicholas Brend and grandson Sir Matthew Brend, and was destroyed by fire on 29 June 1613. A second Globe Theatre was built on the same site by June 1614 and closed in 1642. A modern reconstruction of the Globe, named Shakespeares Globe, opened in 1997 approximately 750 feet (230 m) from the site of the original theatre. The Globe was owned by actors who were also shareholders in Lord Chamberlains Men. Two of the six Globe shareholders, Richard Burbage and his brother Cuthbert Burbage, owned double shares of the whole, or 25% each; the other four men, Shakespeare, John Heminges, Augustine Phillips, andThomas Pope, owned a single share FAMOUS QUOTES All the worlds a stage, and all the men and women merely players: they have their exits and their entrances; and one man in his time plays many parts, his acts being seven ages. Some are born great, some achieve greatness, and some have greatness thrust upon them. Lifes but a walking shadow, a poor player, that struts and frets his hour upon the stage, and then is heard no more; it is a tale told by an idiot, full of sound and fury, signifying nothing. Listen to many, speak to a few. CRITICAL REPUTATION Shakespeare was not revered in his lifetime, but he received a large amount of praise. In 1598, the cleric and author Francis Meres singled him out from a group of English writers as the most excellent in both comedy and tragedy. And the authors of the Parnassus plays at St Johns College, Cambridge, numbered him with Chaucer, Gower and Spenser. In the First Folio, Ben Jonson called Shakespeare the Soul of the age, the applause, delight, the wonder of our stage, though he had remarked elsewhere that Shakespeare wanted art. FIRST FOLIO Mr. William Shakespeares’ Comedies, Histories, Tragedies is the 1623 published collection of William Shakespeares plays. Modern scholars commonly refer to it as the First Folio. Printed in folio format and containing 36 plays (see list of Shakespeares plays), it was prepared by Shakespeares colleagues John Heminges and Henry Condell. It was dedicated to the incomparable pair of brethren William Herbert, 3rd Earl of Pembroke and his brother Philip Herbert, Earl of Montgomery (later 4th Earl of Pembroke). Although eighteen of Shakespeares plays had been published in quarto prior to 1623, the First Folio is the only reliable text for about twenty of the plays, and a valuable source text even for many of those previously published. The Folio includes all of the plays generally accepted to be Shakespeares, with the exception of Pericles, Prince of Tyre and The Two Noble Kinsmen, and the two lost plays, Cardenio and Loves Labours Won. W. W. Greg has argued that Edward Knight, the book-keeper or book-holder (prompter) of the Kings Men, did the actual proofreading of the manuscript sources for the First Folio. Knight is known to have been responsible for maintaining and annotating the companys scripts, and making sure that the cuts and changes ordered by the Master of the Revels were complied with. DEATH Shakespeare died on 23 April 1616 and was survived by his wife and two daughters. Susanna had married a physician, John Hall, in 1607, and Judith had married Thomas Quiney, a vintner, two months before Shakespeare’s death. In his will, Shakespeare left the bulk of his large estate to his elder daughter Susanna. The terms instructed that she pass it down intact to the first son of her body. Shakespeares will scarcely mentions his wife, Anne, who was probably entitled to one third of his estate automatically. He did make a point, however, of leaving her my second best bed, a bequest that has led to much speculation. Some scholars see the bequest as an insult to Anne, whereas others believe that the second-best bed would have been the matrimonial bed and therefore rich in significance. Shakespeare was buried in the chancel of the Holy Trinity Church two days after his death. The epitaph carved into the stone slab covering his grave includes a curse against moving his bones, which was carefully avoided during restoration of the church in 2008.

Exercise of Universal Jurisdiction Critique

Exercise of Universal Jurisdiction Critique This Research will critically discuss the problems associated with the exercise of Universal Jurisdiction with regard to Internal Crimes by National courts The bases upon which Jurisdiction can be assumed under International Law are: 1. Territorial Principle 2. Protective or Security Principle 3. Nationality Principle 4. Passive Personality Principle 5. Universality Principle. UNIVERSAL JURISDICTION Unlike the territorial principle where jurisdiction is assumed based on the place where the crime is committed, the protective principle which permits jurisdiction to be assumed when the interest of the state is threatened, Nationality principle which looks to the nationality of the offender and the passive personality principle which looks to the nationality of the victim of the crime, Universal jurisdiction looks solely to the crime and jurisdiction is assumed on this basis. King-Irani stated that Universal jurisdiction is based on customary law as well as an international consensus, that some crimes are so heinous that they threaten the entire human race.[1] Perpetrators of such crimes are considered to be enemies of all mankind and in that lies the right and authority of all states to prosecute perpetrators of such crimes. This really is the foundation of the Universal Jurisdiction principle. The International Council on Human Rights Policy in its booklet on Universal Jurisdiction explained Universal Jurisdiction to mean a system of international justice that gives the courts of any country jurisdiction over crimes against humanity, genocide and war crimes, regardless of where or when the crime was committed, and the nationality of the victims or perpetrators. It allows the prosecution of certain crimes before the courts of any country even if the accused, the victim, or the crime, has no link to that country.[2] Universal Jurisdiction is usually invoked over International Crimes. Problems associated with the exercise of Universal Jurisdiction frustrate prosecution of international crimes on the basis of Universal jurisdiction; they threaten the continued prosecution of international crimes by states and can undermine the effective administration of justice at the international level. Some of these problems are: UNCERTAINTY AS TO THE SCOPE OF UNIVERSAL JURISIDCTION Uncertainty of the scope of Universal Jurisdiction takes different forms; uncertainty as to its true meaning, mode of its application and the crimes over which it applies are issues that have made the scope of Universal Jurisdiction uncertain. Luc Reydams in a paper written for the European Parliaments Subcommittee on Human Rights (DROI) stated that Most..agree that Universal Jurisdiction exists but everyone has a different understanding of what it means[3] Reydams further states that the problem with Universal Jurisdiction starts with its definition; its definition is too broad, and it leaves so much undefined thus failing to satisfy the legal requirement of certainty. There is no consensus on the offences in respect of which Universal Jurisdiction can be exercised and there also exists differing views on the true meaning of Universal Jurisdiction. Universal jurisdiction arose in the context of piracy, and it remains the most longstanding and uncontroversial Universal Jurisdiction crime.[4] David Stewart in identifying one of the challenges of Universal Jurisdiction stated that Difficulty lies in knowing exactly which crimes qualify for unilateral prosecution by any and all states. Even if one accepts that, as a matter of international law, jurisdiction must be limited to crimes of universal concern, there is no means for determining exactly which offenses fall into that category.[5] The Princeton Principles on Universal Jurisdiction states the fundamentals of Universal Jurisdiction as its first principle; under this it states that Universal Jurisdiction should be asserted with reference to the crime only; such crimes should be serious crimes.ÂÂ   In its second principle, it states that the serious crimes over which Universal Jurisdiction should be asserted are piracy, slavery, war crimes, crimes against peace, crimes against humanity genocide and torture. The Princeton principles further states that the exercise of jurisdiction in respect to the above listed crimes is without prejudice to other International Crimes under International Law. This raises a fundamental question; what are the parameters for determining the crimes over which Universal Jurisdiction may be asserted? It is generally agreed that while Universal Jurisdiction may be asserted over International crimes, it is not every International crime that can be subject to Universal Jurisdiction? Dr. Oner states that some International crimes are subject to Universal Jurisdiction as a matter of Customary International Law and some others as a result of treaty.[6] He opines that those are the two ways of ascertaining what crimes are subject to Universal Jurisdiction.[7] He traces the history of how different crimes came to be recognised as International crimes over which Universal jurisdiction could be asserted, his work would be relied on in tracing the history of those crimes. Piracy is the oldest recognised crimes over which Universal Jurisdiction can be assumed, the basis of asserting Universal Jurisdiction over this crime lies in the fact that it is committed in a place which cannot be categorised as the territory of any state; the High Seas. It was an offence that affected every state; hence all states had the authority to combat it. This is the only crime over which it is generally accepted that Universal Jurisdiction can be asserted over. Jurisdiction over this crime arose under customary law and it was later recognised by treaties. Jurisdiction was later extended to Hijacking by virtue of Article 4 of 1970 Hague Convention for the Suppression of Unlawful Seizure of Aircraft and the 1982 Convention of the Law of the Sea. After the Second World War and the application of Universal Jurisdiction to the prosecution of War crimes, Genocide and Crimes against Humanity, they gained acceptance as International Crimes over which Universal Jurisdiction could be asserted both under Customary International Law and treaties which created an obligation on states to either prosecute or extradite.[8] With time more Conventions on certain other offences also placed an obligation on states to either prosecute or extradite persons who have committed certain crimes; Universal Jurisdiction was therefore extended to certain other offences such as Torture.[9] Another arm of this problem is national legislation of states on Universal Jurisdiction. The scope of such legislation determines the extent of Jurisdiction that can be assumed over International Crimes, and crimes over which Universal jurisdiction may be asserted. Some states have expanded the scope of crimes over which Universal Jurisdiction may be assumed under their laws, some others have tried to maintain the scope asÂÂ   has been ascertained by them Under International Law, while some others have conferred jurisdiction on their national courts in a very limited manner. States have delimited the scope of Universal Jurisdiction in their respective jurisdictions by their respective laws. Mark Ellis stated that As much of the international community promotes universal jurisdiction, state practice is limiting the scope and use of it. AND this is being done without much notice. [10] Ellis further opined that The propensity of states retaining a more expansive view of jurisdictional reach is ending. The discernible trend is moving towards a more restrictive interpretation and application of universal jurisdiction.[11] The absence of uniformity in the legislation of states conferring jurisdiction on their respective courts to assert Universal Jurisdiction poses a problem to the exercise of Universal Jurisdiction because the exercise of jurisdiction by one state may be opposed by another, especially when its nationals are involved. One factor which is closely related to the uncertain scope of Universal Jurisdiction is uncertainty as to the factors which must exist before a state can assume jurisdiction. One of such factors is whether the Accused or the person over whom jurisdiction is sought to be asserted is within the territory of the prosecuting state; this is referred to as Jurisdiction in Absentia. Zemach in defining Jurisdiction in Absentia adopted the definition of Colangelo thus: Universal jurisdiction in absentia can be roughly defined as the conducting of an investigation, the issuing of an arrest warrant, and/or the bringing of criminal charges based on the principle of universal jurisdiction when the defendant is not present in the territory of the acting state. This definition does not include adjudication of the case.[12] Many states are reluctant to assert Jurisdiction unless the accused is within their territory. This is consistent with the extradite or prosecute obligation imposed on states by quite a number of Conventions which permit the exercise of Universal Jurisdiction; the obligation to prosecute or extradite only arises when the offender is within the territory of the state. It could therefore be argued that the implication of this is that the Conventions which place an obligation on states to prosecute or extradite do not envisage the exercise of Jurisdiction in absentia. This problem is further compounded by the absence of consensus on whether Jurisdiction in absentia is permitted under International Law.ÂÂ   Judges Higgins, Kooijmans, and Buergenthal observed, in their Joint Separate Opinion as follows: is it a precondition of the assertion of universal jurisdiction that the accused be within the territory?ÂÂ   Considerable confusion surrounds this topic, not helped by the fact that legislators, courts and writers alike frequently fail to specify the precise temporal moment at which any such requirement is said to be in play. Is the presence of the accused within the jurisdiction said to be required at the time the offence was committed? At the time the arrest warrant is issued? Or at the time of the trial itself? .. This incoherent practice cannot be said to evidence a precondition to any exercise of universal criminal jurisdiction. [13] Rabinovitch, echoes the position of proponents of Universal Jurisdiction in Absentia when he stated that State practice in recent years has increasingly supported the view that States may exercise universal jurisdiction in absentia if they so desire,[14] provided there are safeguards to prevent an abuse of the accused rights. Judge Ranjeva in his Declaration held a contrary view; he stated that developments in International Law did not result in the recognition of Jurisdiction in absentia.[15] All of these uncertainties surrounding the principle and practice of Universal Jurisdiction pose a problem to the exercise of Universal Jurisdiction. THE CONFLICT BETWEEN UNIVERSAL JURISDICTION AND THE SOVEREIGNTY OF STATES One major problem which affects the exercise of Universal Jurisdiction is the perceived and actual breach of the sovereignty of a state. I use the word perceived to mean this; most times the exercise of Universal Jurisdiction by a state may be looked upon by the state whose national or official is tried as an affront or threat to its sovereignty. This might not necessarily be the case. While in a case of actual breach of a nations sovereignty, it is the case that exercise of jurisdiction may actually amount to a breach of a nations sovereignty. The Democratic Republic of the Congo V. Belgium[16] popularly known as the Arrest Warrant case illustrates this. In this case, Belgium issued an International Arrest warrant on 11 April 2000, for the arrest of Congos Minister for Foreign Affairs, Mr. Abdulaye Yerodia Ndombasi. The Democratic Republic of Congo was highly displeased with the issue of the warrant for the arrest of its minister, and accordingly instituted an action at the International Court of Justice praying the court that Belgium recalls and cancels the Arrest warrant. Belgium had issued the warrant on the grounds that Mr. Yerodia had breached the Geneva Conventions of 1949 and protocols I and II; such breach Belgium claimed was punishable under its laws. Congo prayed the International Criminal Court to order Belgium to cancel the warrant on the ground (amongst other grounds) that [t]he universal jurisdiction that the Belgian State attributes to itself under Article 7 of the Law in question constituted a [v]iolation o f the principle that a State may not exercise its authority on the territory of another State and of the principle of sovereign equality among all Members of the United Nations[17]. In essence, Congos contention was that Belgiums exercise of Its Universal Jurisdiction amounted to a violation of its sovereignty. The Court found that the issue of the Warrant of Arrest for Congos Minister for Foreign Affairs amounted to a breach of Congos Sovereignty. Kontorovich has stated that the New Universal Jurisdiction[18] is perhaps the most controversial development in contemporary international law, precisely because it encroaches on or qualifies nations jurisdictional sovereignty[19] whileÂÂ   Kings-Irani opines that Universal jurisdiction casesusually raise troubling questions about state sovereignty. Hawkins opines that when states established universal jurisdiction, they created a decentralized mechanism for the erosion of sovereignty[20] It is not likely that the constant clash between the exercise of Universal Jurisdiction and the violation or the alleged violation of the sovereignty of a state would come to an end in the nearest future. This is attributable to the political element in the definition of the crimes over which Universal Jurisdiction can be assumed; that is the fact that most crimes against humanity and war crimes are most times not committed independent of the state and its agencies, rather they are sometimes committed by state officials with the aid of state agencies. The principle of Universal Jurisdiction has no inherent principles which can tackle the clash between assumption of jurisdiction on this basis and the sovereignty of a state. CLASH BETWEEN THE EXERCISE OF JURISDICTION AND IMMUNITY It is a principle of Customary International Law that State officials are immune from the jurisdiction of foreign courts in certain instances.[21] The immunity enjoyed could be as a result of the position occupied; this is Immunity ratione personae or it could be enjoyed as a result of the official acts carried out in furtherance of the office occupied; this is immunity ratione materiae.[22] The challenge that the issue of sovereign immunity poses is a multi-faceted one. This challenge raises quite a number of questions. What exactly is the law on the immunity of sovereigns of states, both current and past and what is the extent of the immunity in relation to the acts of the sovereign? What acts of the sovereign are covered by immunity? This difficulty arises primarily because the position of International law on the immunity of Sovereigns of States or Heads of States remains unclear.[23] Indeed the authors of the article The Future of Former Head of State Immunity after ex parte Pinochet[24] borrowed the words of other authors to describe the position of International Law on the immunity of Heads of States as lacking coherence[25], problematic and ambiguous[26] and in Re Doe[27] the United States Court of Appeal described it as been in an amorphous and Undeveloped state. This issue came up for consideration In the Arrest Warrant Case[28]; Congos contention was that ÂÂ  the non-recognition, on the basis of Article 5 of the Belgian Law, of the immunity of a Minister for Foreign Affairs in office constituted a [v]iolation of the diplomatic immunity of the Minister for Foreign Affairs of a sovereign State, as recognized by the jurisprudence of the Court and following from Article 41, paragraph 2, of the Vienna Convention of 18 April 1961 on Diplomatic Relations[29] The court came to the decision that a Minister of Foreign Affairs enjoyed Immunity which was inviolable for as long he remained in office. I will reproduce a portion of the Courts decision as this sheds some light on the position of International Law on the Immunity of Sovereigns; The Court has carefully examined State practice, including national legislation and those few decisions of national higher courts such as the House of Lords or the French Court of Cassation. It has been unable to deduce from this practice that there exists under Customary International law any form of exception to the rule according immunity from criminal Jurisdiction and inviolability to incumbent Ministers for Foreign Affairs, where they are suspected of havingÂÂ   committed war crimes or crimes against humanity. Jurisdictional immunity may well bar prosecution for a certain period or for certain offences; it cannot exonerate the person to whom it applies from all criminal responsibility[30] What this translates to is the fact that there may be times when a National Court could have jurisdiction to try a person subject to immunity, however, it might be impossible to exercise jurisdiction because of the immunity that such a person enjoys; the risk in this is that it could lead to impunity, even though this is a situation the Law seems to want to avoid or it could just lead to a situation of delayed justice. In senator Pinochets case,[31] the House of Lords held that Pinochet, a former Head of State of Chile was not entitled to immunity for torture, as torture was not an official act carried out in furtherance of his official duties. The position of International Law on the Immunity of High level officials of states remains uncertain, and there is no uniformity in state practice in recent years which can help in ascertaining the position of International law in this regard. In November 2007, France dismissed a complaint filed against Former secretary of Defence of the United States and the reason for the dismissal wasÂÂ   given by the prosecutor, Jean Claude Marin, he stated in an open letter that according to rules of customary international law established by the International Court of Justice, immunity from criminal jurisdiction for Heads of State and Government and Ministers of Foreign Affairs continues to apply after termination of their functions, for acts carried out during their time of office and hence, as former Secretary of Defense, Mr. Rumsfeld, by extension should benefit from this same immunity for acts carried out in the exercise of his functions.[32] There was an outcry against the position of France, particularly because the Prosecutor, Jean Claude Marin had some years earlier personally signed an order calling for General Pinochet to appear before the Paris Court of Appeal. Human Rights organisations felt he should have known better. The Human Rights Organisation also felt greatly disappointed that the dismissal of the complaint was largely due to the position taken by the French Foreign Ministry which is headed by Bernard Kouchner, a fellow who had distinguished himself in the fields of Human Rights. This goes to illustrate the inconsistency in state practices when it comes to the issue of exercising Universal Jurisdiction and the Immunity of State officials. Perhaps one logical explanation for this inconsistency might not be unrelated to the need to preserve good relations between states. THE ALLEGATION OF BIAS Selective approach in the prosecution of International Crimes on the basis of Universal Jurisdiction has posed a great challenge to the Universal Jurisdiction regime. The outcry against the selective approach of some states in the prosecution of crimes using Universal Jurisdiction has been loudest in Africa, where African leaders allege that they have been the primary target of Western Countries. This allegation of bias is not without any merit, neither is it entirely true. Ian Brownlie has been quoted by Zemach as stating that [p]olitical considerations, power, and patronage will continue to determine who is to be tried for international crimes and who not.[33] Dr. Oner captured an aspect of this problem aptly when he stated that: Universal jurisdiction gives powerful nations a means of politically influencing less powerful ones. Indeed, thus far, weak countries with little to no political leverage have not exercised universal jurisdiction over powerful people from powerful countries through their courts.[34] It is important that states have faith in the exercise of Universal Jurisdiction by any state that chooses to prosecute using Universal Jurisdiction. There should be transparency and good faith when arriving at the decision to prosecute; and this should as clearly as possible be seen by all to be fair. POLITICAL PRESSURE AND INTERNATIONAL RELATIONS IMPLICATIONS Nations usually want to maintain good relations with their allies; however, the exercise of Universal Jurisdiction could pose a threat to this. In order to maintain good relations with other states, a state may give in to political pressure which would in turn affect its exercise of Universal Jurisdiction. The case of Belgium and Spain illustrate this. Belgiums Universal Jurisdiction laws were so broad that anybody could be tried by Belgium courts without having any link at all to Belgium The American society of International Law Commenting on the Belgian law stated that: The Belgian law was widely recognized as the most far-reaching example of a state exercising universal jurisdiction. During the first decade of the laws existence, some thirty legal complaints were filed against a variety of government officials worldwide, including against Rwandans for genocide, General Augusto Pinochet of Chile, Cuban President Fidel Castro, Iraqi President Saddam Hussein, Palestinian leader Yasser Arafat, and Israeli Prime Minister Ariel Sharon[35] The United States uncomfortable with the possibility that its officials could be victims of Belgiums law threatened and coerced Belgium until Belgium finally amended its laws in August 2003, thus finally removing the Absoluteness from the Universal Jurisdiction law of Belgium. ÂÂ  U.S. Secretary of Defence Donald Rumsfeld stated authoritatively at the time: Belgium needs to realize that there are consequences to its actions. This law calls into serious question whether NATO can continue to hold meetings in Belgium and whether senior U.S. officials, military and civilian, will be able to continue to visit international organizations in Belgium Certainly until this matter is resolved we will have to oppose any further spending for construction for a new NATO headquarters here in Brussels until we know with certainty that Belgium intends to be a hospitable place for NATO to conduct its business.[36] The new Belgian Law now requires a link with Belgium for the Belgian courts to be able to exercise jurisdiction. All pending cases in Belgium against U.S Officials were dismissed in September 2003 because of Belgiums new law. When Belgium ruled that Israels Prime Minister Ariel Sharon could stand trial for War crimes under its Universal Jurisdiction laws, but only after he leaves office, Israeli public television quoted an unnamed official as calling the court decision scandalous and warning that it threatened to open a serious crisis between the two countries.[37] And Israel in protest was reported to have recalled its Ambassador to Belgium for consultation The case of Spain is quite similar to the Belgium experience. After Spain gave in to pressure from Israel, the United States and China, Spain amended its Universal Jurisdiction law; the new law now requires a link to Spain before Spanish Courts can assume jurisdiction.[38] Clearly political considerations and interactions between states pose a problem to the exercise of Universal jurisdiction. DIFFCULTY OF OBTAINING EVIDENCE AND WITNESSES Stewart is also of the opinion that In some measure, the lack of actual prosecutions based on universality must result from practical difficulties in obtaining evidence and witnesses regarding crimes committed in other countries.[39] Most International Crimes are usually prosecuted many years after the offences have been committed. The chances of gathering quality evidence with the passage of time reduces, when that is added to the long distance and legal difficulties that it might entail, it becomes even more difficult to obtain evidence. Language barrier could also further compound this problem. Where it is difficult or impossible to obtain evidence it might be difficult to proceed with prosecution on the basis of Universal Jurisdiction. COMPETING JURSIDCITION It is always the case most times, if not always that where jurisdiction is asserted on the basis of Universality, jurisdiction could also be asserted on other bases. Where more than one state decides to assert jurisdiction, whether on the basis of Universality or other principles, it might pose a problem, especially when extradition is requested by the competing states. To reduce the conflict that this situation may create, it is usually best that in the prosecution of International crimes, exercise of jurisdiction on the basis of Universal Jurisdiction should be the last resort, states with stronger connections to the crime should first be given opportunity to prosecute the crime, where they fail to or where they are unable to do so, then a state with no connection or a weaker connection can then prosecute on the basis of Universal Jurisdiction. COST One of the problems associated with the exercise of Universal jurisdiction is cost. A state expends its resources in prosecuting crimes, when the prosecution of crimes serves the states interests, there would be no problem with it but where it serves no practical purpose that is when the difficulty arises. The argument and view held in some quarters, that a nation that prosecutes a crime that does not threaten it in any way and which it has no interest in prosecuting stands to gain nothing from it, rather, it expends its resources and the benefits of prosecuting the crime is enjoyed by other states is one problem that militates against the exercise of Universal Jurisdiction. Kontorovich stated that ÂÂ  A nation exercising Universal Jurisdiction expends scarce resources to punish crimes that have not injured it; thus it bears all the costs of enforcement while the benefits are enjoyed primarily by other nations. Rational choice models of state behaviour suggest that nations will generally not undertake such activities.[40] David Stewart also opined that Depending on the facts, prosecutors and ministries of justice may have little enthusiasm for devoting time, money, and resources to prosecutions having little enough to do with their own countries, citizens, and direct national interests.[41] Kontorovichs position is actually a true reflection of what is currently going on at the international scene, nations decline to prosecute or even investigate where their interests are not affected, and this runs contrary to the principle of Universal Jurisdiction. One of the underlying principles governing Universal Jurisdiction is that crimes such as torture, genocide, crimes against humanity and war crimes are so serious that they harm not just a particular state but the international community and should therefore be prosecuted by all states.[42] Kontorovich opines more articulately that many of the crimes subject to the universality principle are so heinous in scope and degree that they offend the interest of all humanity, and any state may, as humanitys agent, punish the offender. . . [43] DOMESTIC LEGISLATION AND STATE POLICIES It is not sufficient that International Law establishes an obligation to prosecute on the basis of Universal Jurisdiction. There must exist national legislation which authorises the courts of a state to assert jurisdiction, where this is absent, a court might not be able to assert Universal Jurisdiction. Senegal had to enact a law vesting jurisdiction in its courts before it could prosecute Hissene Habre, former Chad president. State practice is limiting the scope and use of Universal Jurisdiction. [44] Universal Jurisdiction can only be used to the extent that a states mun

Purchasing And Procurement In The Construction Industry Construction Essay

Purchasing And Procurement In The Construction Industry Construction Essay In this ever changing world that has become so competitive that the expectations in the construction industry regarding deliverables, cost, time and quality have made companies shift to more robust and competitive operational strategies. Other industries have successfully implemented new and improved strategy but the construction industry still has to follow suit. One of the major factors that are identified in the construction industry is the rather slow changing procurement chain management system. The current strategies used for procurement do not live up to the market requirements and rather is stifling the growth of this particular industry. Understanding these various models are being implemented throughout the industry which will have a significant impact on the growth as well as improve productivity to help this industry sustain the drastic economic changes. Historically, the sourcing of subcontracting services was the most neglected element in the construction process. Only when the cost of materials and the subcontracting increased did management investigate alternative methods to planning and control. Labor was the focus since this industry is labor intense and more emphasis was given to the cost of labor. Firms also started investing heavily into technology and technology related products. The traditional view of purchasing and sourcing management as a clerical function has been negated and emerged as a viable and profitable function more than any other functions in the construction industry. The lifecycle of a typical construction project consists of the following stages, The construction life cycle stages are mutually exclusive or independent of each other. Many of these stages occur concurrently. Depending on the size of the organization the supply sourcing maybe implemented in varying degree of ownership. Regardless of the size of the company ownership in the supply souring function must be well defined. The supply sourcing must be carried out according to the specification of the projects, budgetary and scheduling constraints. Supply sourcing function involves working with upstream and downstream relationships, inside and outside each organization. The supply sourcing process involves assisting the project manager with subcontracting services, bulk material and equipment requirements. The construction manager or contractor coordinates the transformational process based on three basic criteria which is completing the project on time, making sure he/she sticks to the budget and delivered with an accepted level of quality. Review of Existing Purchasing Options In the construction sector, procurement has become difficult due to the different methods for acquisition of buildings and infrastructure. The main features of current procurement options are listed below. The section is divided into the various methods of contracting / funding, methods of selection and methods of payment. Methods of contracting General Contracting: design is done by independent consultants who are in direct contact with the client or designers who are part of the client organization. There is a separate contract for the construction of the project which is placed with a building contractor who sub-lets the elements of the work. Payment is done monthly based on the amount of work done. Design and Build (pure): Design and Build (DB) is the procurement system in which a single organization takes the responsibility and risks for both the design and construction phases. The client engages a building contractor who is responsible for the design and the construction. The method of payment is lump sum, payable in monthly installments. Novated Design and Build: This is a variation of the pure DB and is used when the client employs a design team for the early stages and once a building contractor is selected by tender the team is shifted to this builder. The advantage of such a system is that the original design is kept intact from the early stages and ultimately is passed on to the contractor. Management Contracting: This type of system came into existence with the needs of developers to take more commercial risk on construction projects as compared to general contracting. The trend of building contractors to sub-let all the work resulted in the need to procure a project management and co-ordination input and also harness close relationship between client and contractor. Construction Management: Effectively the same as management contracting, the only difference being that there is no general contractor, instead a series of direct contractual links between the client and the trade contractors. This makes the role of CM more like a consultant than a contractor. Package Deals: This is a way of increasing the scope of the contractor. For large engineering projects like oil rigs, harbors and docks they are structures as Engineer, Procure and Construction. Under such an arrangement the EPC contractor takes the responsibility for carrying out all the design, construction and commissioning work so that the client only has to pay. Systems Involving Service Agreements: sometimes organizations maybe contracted to provide other inputs. These include commissioning, operation and maintenance. Collaborative working: Sometimes in projects various organizations come together to have a collaborative relationships. There is a lot that can be gained from such alliances and have success for both the project and the organization in the long run. The continual relationship building plays a crucial role in such circumstances. The trend towards long term arrangements is clear with strategies like framework agreements and serial or strategic partnering. Such alliances prove effective with the savings in costs of re-bidding, the prospects of continuous improvement and a predictable workflow. Methods of selection Long term or short term relations need to be formed to accomplish where there is a greater need on competition or cooperation. Levels of competition arise from open tendering to single negotiation. Open and selective tendering relies on price as their main criterion. Some clients adopt a more cooperative approach and favor negotiations where non-price plays a significant part. Two stage tendering is a hybrid approach that seeks to exploit the advantage of negotiations and competition. The appointment of a contractor takes two stages. Stage 1 is competitive and based on costs. Stage 2 is made after the completion of open book negotiations for the final price. Methods of payment Price-based systems: these include lump-sum arrangements that range from Guaranteed Maximum Price (GMP) to remeasurable contracts. GMP is used when contractors control the design and remeasurable contracts are characterized by the contract bill of quantities. In such contracts the amount of work is measured after it is finished with reference to the rates in the bills of quantities. Cost-based systems: cost-based payment methods include cost-plus and target cost. Cost plus contracts removes the risk of variable production costs from the contractor, who is paid on the time spent and the materials used rather than sticking to the tendered price. Target cost contracts are used as an incentive to increase efficiency from the contractor. The costs are shared between the contractor and the employer. Even if the cost exceed the agreed target cost or in a situation where the costs are less than the target cost, it is shared between both parties. Todayà ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â‚¬Å¾Ã‚ ¢s Construction industry uses this particular model (Fig. 1) because the specialty contractor has been responsible for material procurement. In this model, the owner and the general contractor rely on the specialty contractor to procure all the equipment and material for the project. Owners use the SCPM over 80% of the time to procure build-to-order equipment and to procure commodity material over 90% of the time. Majority of the material is transferred between manufacturers, manufacturing reps, distributors and specialty contractors. With this model the SC has reviews the design specifications and notifies the owner or GC of equipment or material incompatibility issues, design change recommendations or lower cost equipment and material substitutions. Once the design is confirmed the material orders flow from the SC to both distributor and manufacturer. The material and equipment then flow back to the SC at the jobsite. Knowledge and service transfer in the SCPM model are between manufacturers, distributors and specialty contractors. The figure below illustrates the knowledge transfer between the parties involved. This model is less common than SCPM in the construction industry. In this model the owners procure the material and equipment directly from the manufacturer or from a distr4ibutor. This is mainly used to remove transactional costs from the supply chain. This model is typically used about 10% of the time for the entirety of their equipment and material purchases. This model is particularly used for procurement of build-to-order materials than it is for commodity materials. The transfers are directly between the owner and manufacturer. The owner has his own design team to procure the correct material and equipment. The input from a specialty contractor varies. The owner has a strong standing relation with individual specialty contractors and such cases the SC gives input about material to the owner. In this model the material is directly shipped to the jobsite and stored until installation. The knowledge and service transfers in this model are very limited. Knowledge is primarily obtained from the ownerà ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â‚¬Å¾Ã‚ ¢s past experience and through design specifications that were developed for previous projects. This is the least commonly used purchasing model in the construction industry. In this model the owners commission the GC to procure material and equipment. In most cases the GC seeks to purchase all the material and equipment from the manufacturers directly. Most manufacturers are not set up to sell their products directly to customers and hence the GC has to go through the normal distribution channels. Only 2% of the time is this model used in the construction industry. The transfers in this model occur between the GC, distributor and manufacturer or directly between the GC and manufacturer. The flow is such that once the order is given to the GC the GC purchases the material without the consultation of the SC. In this model the GC procures the material and equipment according to the specifications of the project. The knowledge and service transfers in the GCPM are similar to the OPM model. The GC must depend on his own experience as well as details from the manufacturer and/or distributor in order to purchase the proper material. Knowledge from installation experience does not exist because the SC is not involved in the procurement process and the GC is not involved in the installation process. Summary The procurement process of the construction industry is complex and involves various amount and degree of procurement. Several untouched and untrained areas exist in the procurement process of construction. It stands that it is an important cog in the entire process of construction. Various avenues still exist and with careful study of internal process and finding a suitable fit so as to be effective and competitive is essential for the success of an organization in this industry. A huge potential exists in having a cost effective process that can make achieve acceptable levels of quality and on time delivery are the key elements to have a procurement process model.