Ancient Maya Essays - Maya Classic Period, Maya Civilization

Ancient Maya Maya The ancient Maya were a group of American Indian peoples who lived in Southern Mexico. Their descendants, the modern Maya,live in the same regions today. Agriculture was the basis of the economy of the Mayan and corn was the principal food.(Voorhies 324) Other crops included avocados, tomatoes, and chili peppers. They cultivated an enormous variety of plants.(Foley 20) In hieroglyphic writing, astronomy, and mathematics, the Mayan Indians were far ahead of any other people in the New World.(Foley 20) The Mayan invented a solar ?civil? calendar including three hundred sixty- five days.(Ivanoff 86) The accuracy of the Mayan calculations is all the more extraordinary in view of the fact that they had no knowledge of glass or metals. They had no precision instruments available to them. Their tools were polished stones that very closely resembled tool from our Neolithic Age.(Ivanoff 86) Mayan cities served as centers for the surrounding countryside. The people gathered in the centers for important events such as markets and religious festivals. The Maya had no schools. The children learned by observing adults and helping them.(Voorhies 323) Maya farmers lived in rural homesteads for small villages near their fields. They built their houses from poles all tied together. The man could have two or even three wives. Each one would tend to her own fire and cook for her own children.(Price 91) Entire Maya families, including parents, children, and grandparents lived together. Everyone in the household helped with the work. Very little is known about the government of the Maya. Each Maya city governed itself and the area around it, and larger cities may have had control over several smaller cities. The rulers of the government probably consisted of both chiefs and priests. The Maya never united to form a central governmental unit(Voorhies 325). As population rose, the nobles of the independent city states both intermarried and made war on one another. Ultimately, the system of rule that had served the Maya for centuries had failed. Faced with famine, foreign invasion, chronic warfare, and perhaps disease, an era ended what is generally called the Classic Maya collapse. Although writing in the New World did not originate among the Maya, they gave writing its greatest refinements.(Miller) What Mayan writing seems to represent is a sacred language used only by the elite, initiated, and known only by them. The language of the Mayan was identical with that of the Yucatan Indians, given the fact that writing was identical. The Maya kept records on large stone monuments called stelae. They used the Steele to record important dates and to take note of great events in the lives of their rulers.(Price 91)They also used the stelae to recount the positions of the ?heavenly bodies?_ particularly the Moon, Venus, and Jupiter.(Miller) The men and the older boys did most of the farm work. They also did most of the hunting and fishing. The women and older girls made family clothes and prepare the meals. The Maya made small sculptures of clay and carved huge ones from stone. Some of the large sculptures stood over thirty feet high.( Voorhies 326) Early Classic stone sculpture usually features a single Maya ruler celebrating his reign.Many fine carvings on small jades, shells, and bones were warn and used by nobles. Maya artists decorated walls with brightly colored murals that featured life like figures. The Maya also built large, low buildings where chiefs and priests probably lived before important ceremonies. Maya architectural forms were derived from domestic architecture.The shrine and platform of the pyramid grew from the house form, and the Maya corbel arch, often called a ?false? arch, preserves the hip roof in the stone. Highly skilled architects built tall pyramids of limestone, with small temples on top... The Maya produced exceptional architecture,painting, pottery and sculpture. Most of what is known of Mayan art forms comes from archeological discoveries of ancient arti facts. Musical instruments included drums, pipes, and a high-pitched whistle.(Foley 92) The Maya worshiped many gods and goddesses. One Maya manuscript mentions more that one hundred and sixty of them.(Voorhies 326) Religion played a central part in the daily life of the Maya. Each day in the Maya year had a special religious importance and religious festivals in honor of particular

Best Presidential Memorial Day Quotes

Best Presidential Memorial Day Quotes Humanitarian, educator, and former tennis player Arthur Ashe once said, True heroism is remarkably sober, very undramatic. It is not the urge to surpass all others at whatever cost, but the urge to serve others at whatever cost. As Memorial Day approaches, spare a moment to think about the many soldiers who died fighting for liberty. American Presidents Speak on Memorial Day The 34th president of the United States, Dwight D. Eisenhower, expressed it beautifully, Only our individual faith in freedom can keep us free. As another American president, Abraham Lincoln, put it, Freedom is the last, best hope of earth. Lincoln steered the country through the Civil War, saved the Union and ended slavery. Who better to define freedom for us? These are some of the best Memorial Day quotes from American presidents. Read their words of inspiration, and understand the heart of an American patriot. John F. Kennedy Let every nation know, whether it wishes us well or ill, that we shall pay any price, bear any burden, meet any hardship, support any friend, oppose any foe to assure the survival and the success of liberty. Richard Nixon, 1974 What we do with this peace- whether we preserve it and defend it, or whether we lose it and let it slip away- will be the measure of our worthiness of the spirit and sacrifice of the hundreds of thousands who gave their lives in two World Wars, Korea, and in Vietnam. This Memorial Day should remind us of the greatness that past generations of Americans achieved from Valley Forge to Vietnam, and it should inspire us with the determination to keep America great and free by keeping America safe and strong in our own time, a time of unique destiny and opportunity for our Nation. Peace is the real and right memorial for those who have died in  war. Benjamin Harrison I have never quite been able to feel that half-masted flags were appropriate on Decoration Day. I have rather felt that the flag should be at the peak, because those whose dying we commemorate rejoiced in seeing it where their valor placed it. Woodrow Wilson, 1914 I believe that soldiers will bear me out in saying that both come in time of battle. I take it that the moral courage comes in going into the battle, and the physical courage in staying in. Therefore this peculiar thing comes about, that we can stand here and praise the memory of these soldiers in the interest of peace. They set us the example of self-sacrifice, which if followed in peace will make it unnecessary that men should follow war any more. They do not need our praise. They do not need that our admiration should sustain them. There is no immortality that is safer than theirs. We come not for their sakes but for our own, in order that we may drink at the same springs of inspiration from which they themselves selves drank. Lyndon Johnson, 1966 On this Memorial Day, it is right for us to remember the living and the dead for whom the call of their country has meant much pain and sacrifice. Peace does not come just because we wish for it. Peace must be fought for. It must be built stone by stone. Herbert Hoover, 1931 It was the transcendent fortitude and steadfastness of these men who in adversity and in suffering through the darkest hour of our history held faithful to an ideal. Here men endured that a nation might live. An ideal is an unselfish aspiration. Its purpose is the general welfare not only of this but of future generations. It is a thing of the spirit. It is a generous and humane desire that all men may share equally in a common good. Our ideals are the cement, which binds human society. Valley Forge has come indeed to be a symbol in American life. It is more than the name  for  a place, more than the scene of a military episode, more than just a critical event in history. Freedom was won here by fortitude  not  by the flash of the sword. Bill Clinton, 2000 You fought for freedom in foreign lands, knowing it would protect our freedom at home. Today, freedom advances all around the world, and for the first time in all human history, more than half the world’s people choose their own leaders. Yes, America has made your sacrifice matter. George Bush 1992 Whether we observe the occasion through public ceremony or through private prayer, Memorial Day leaves few hearts unmoved. Each of the patriots whom we remember on this day was first a beloved son or daughter, a brother or sister, or a spouse, friend, and neighbor.   2003 Their sacrifice was great, but not in vain. All Americans and every free nation on earth can trace their liberty to the white markers of places like Arlington National Cemetery. And may God keep us ever grateful. 2005 Looking across this field, we see the scale of heroism and sacrifice. All who are buried here understood their duty. All stood to protect America. And all carried with them memories of a family that they hoped to keep safe by their sacrifice. Barack Obama, 2009 They, and  we,  are the legacies of an unbroken chain of proud men and women who served their country with honor, who waged war so that we might know peace, who braved hardship so that we might know opportunity, who paid the ultimate price so that we might know freedom. If the fallen could speak to us, what would they say? Would they console us? Perhaps they might say that while they could not know they’d be called upon to storm a beach through a hail of gunfire, they were willing to give up everything for the defense of our freedom; that while they could not know they’d be called upon to jump into the mountains of Afghanistan and seek an elusive enemy, they were willing to sacrifice all for their country; that while they couldn’t possibly know they would be called to leave this world for another, they were willing to take that chance to save the lives of their brothers and  sisters  in arms.

Case study 3 Essay Example | Topics and Well Written Essays - 750 words

Case study 3 - Essay Example An organization that would have seen issues, past and present and because of such, Shapp would feel the need to seek the services of Peter Sneed. After analyzing what he felt to be the issues within his own company and considering the potential benefit of utilizing the services of Peter Sneed, he would seek to consult with another member of his company and initiate the discussion as the prospect of integrating the services of Mr. Sneed, with the inner structure of the company. As Julie Phillips, the co-worker in question of Shapp’s, would seek to become involved with the overall discussion, she would be seeking to do so, so that any difference in opinion could be addressed and that if integration were to in fact occur, the best possible outcome would be achieved. With the issues that would have come about in the past, her concerns would not be without merit. Out of all of the styles that are possible in terms of the OD system, the most likely candidate that Sneed should take on, would be the style involving interviewing those he would come in contact that would have to do with this new proposed task. It would enable him to have the opportunity to gather as much information as possible from the available stakeholders and in doing so, would be able to come with the best possible picture, as to where to begin in terms of aiding those involved with the company and the organization itself. With everything that is known about Peter Sneed, this situation alluded to that would involve Henry Shapp and his organization, would be something that Sneed should take on. He would have the necessary background from his previous experiences, to work with Julie Phillips and Mr. Shapp, as well as their other co-workers, with the shared goal of seeking the best possible outcome for the company and its workers. One of the first actions taken, in terms of strategy, should be the approach and engagement of all

Criminal Justice System Essay Example | Topics and Well Written Essays - 1000 words - 3

Criminal Justice System - Essay Example I can describe criminal justice, generally as a collapse and disappointment from what we expect of it. In areas of a majority of white ethnic groups, their black ethnic counterparts are faced with high levels of discrimination as far as criminal justice is concerned; which leaves them helpless and fearful. Individuals from black ethnic groups are often regarded suspects in crimes they haven’t committed. With the increase in civil rights protection, there has been hardly any feel of it among the black ethnic group. For instance, an individual from the black ethnic group is most likely to face a prison sentence as compared to one from the white ethnic group; when both are found guilty of using illegal drugs. There also are cases of lower police protection in black ethnic group neighborhoods as compared to their counterparts; which, therefore, is a clear indication of how much the criminal justice has failed. Despite the mentioned mistreatment of the black ethnic groups by some p olice, there are a number of policemen who make this career feel satisfying and worth pursuing. Being put in charge of people’s lives to offer protection and serve the nation is something to take pride in. Some special agents and others in the field of criminal justice are also responsible for the rehabilitation, protection of wildlife, the environment; which is a good feeling as they know that they are helping others.

Research current regulations concerning head injuries Essay

Research current regulations concerning head injuries - Essay Example The football associations are holding discussions to allow players to be putting on helmets during the game. The regulation concerning the helmet prohibits an opponent from holding a players helmet and pulling the head around. This rule is meant to protect the players from neck injuries and possible impairment. Another rule concerning the head injury is the rule that prohibits an opponent player blind block on a challenger’s head. The head is a delicate part of the body hence the rule that protects the receiver of the ball from being tackled by the head. The tackle to the head may be head to head, hand to head incident, or foot to head incident. All these tackles result in head injuries and sometimes lead to concussions. Head injuries may lead to concussions or damages to the brain and even deaths. The regulations governing head injuries in football are being developed because of the consequences of the injuries (Nelson, 354-401). Players who get head injuries suffer at a later date from dementia, short term memory, and brain diseases. Another rule governing the head injury requires a player who shows signs of concussion like dizziness to remain out of the field that day. After a concussion, there are regulations which are followed before a player is allowed to play again. A player who is unconscious must be evaluated by the doctor before he is allowed back to the field. The players are kept off the field until they show no symptoms of concussion. In addition to that the regulations require an independent neurologist to examine the player instead of the team doctor. The regulations also require that a player who has suffered concussion cannot return to the field until after one day. The rules also require all the players to have a full awareness of the severity of concussions. The rules do not prescribe the maximum number of concussions, but that depends on the coach and player. Every

Distinctions Between International Law And Municipal Law

Distinctions Between International Law And Municipal Law George, the Chief Justice of Ruretania, has been invited to sit on the ICJ as an ad hoc judge in a case now before the Court. After many years dealing with domestic law issues, he is now experiencing some difficulty in assessing the material submitted to the Court by the parties. These materials include: a. An article in the American Journal of International Law written by an eminent jurist; b. Draft articles prepared by the International Law Commission; c. A decision of the Supreme Court of one of the parties to the dispute; d. A United Nations General Assembly Resolution; e. A Treaty to which only one of the parties to the dispute is a party; f. A statement by the foreign minister of one of the parties; and g. A previous decision of the ICJ. Draw up a detailed memorandum for George explaining the sources of modern international law and advising him in particular as to the weight he should attach to the above-mentioned materials as sources and evidence of international law, drawing upon doctrinal aspects, relevant court judgments and opinions of authors. Introduction One of the primary points of distinction between international law and municipal law may be drawn from the nature of their sources. International law has been described by authors as a decentralized system which arguably lacks a predefined and concrete structure which discriminates between potential sources as to their importance and value in the resolution of issues  [1]  . The international judge does not have reference to a constitution, codes of law or statutes as in the municipal scenario. This is due to the fact that in international law there is no compulsory jurisdiction and any rules which a state must abide to are the same rules which it has expressly consented to, either by way of its consistent practice in the formation of custom or else expressly in the formation of treaties. Technically speaking, such contractual arrangement usually creating mutual obligations by way of treaty are the only source of international which is by its very nature objectively binding upon states, a reflection of the pacta sunt servanda principle in domestic Civil Law. It is for this reason that the law of treaties has been held to be a primary principle for centuries. Custom, on the other hand is primarily a matter of evidence. Brownlie  [2]  speaks of a categorization between the formal and the material sources of law. The formal sources are the legal procedures and methods for the creation of rules of general application which are legally binding on the addressee such as international custom created by constant state practice and the law contained in treaties. The material sources, on the other hand, provide evidence of the existence of rules which, when proved, have the status of legally binding rules of general application, here one can include decisions of international courts or tribunals, resolutions of the General Assembly of the United Nations and possibly Doctrinal sources. Brownlie continues to argue that in reality, save the usefulness in academia, th e so-called elevation of formal sources do not really exist in international law  [3]  as this would create a hierarchy which is not actually present. The Statute of the ICJ  [4]  constitutes a generally accepted list of the sources of international law ascribed to by the court  [5]  : 38 (1)The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; b. international custom, as evidence of a general practice accepted as law; c. the general principles of law recognized by civilized nations; d. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law. An article in the American Journal of International Law written by an eminent jurist In order to help the Chief Justice of Ruretania in the performance of the new role of ad hoc judge in a case before the International Court of Justice, we need to give guidance on how to assess and use the contents of an article published in the American Journal of International Law written by an eminent jurist, that was submitted by the parties as part of the materials to be used as part of the deliberations of the judges. Article 38 of the Statute of the International Court of Justice lists the traditional sources of International Law, which include the international conventions of a general or a particular nature that are recognised by the parties to the case, international custom that is evidenced by general use and acceptance at law, general principles of law as accepted by civilised nations and as subsidiary means to establish these rules of law, the judicial decisions and the teachings of the most highly qualified jurists of the various nations. At the time of drafting, the term convention was used to mean any sort of agreement, however with the passage of time this term was redefined to make a specific reference to multilateral treaties. Without any doubt these written, accepted and published agreements are the primary source of law-making at the international law level. The only situation where any other rule takes precedence over a treaty is where the rules forms part of the jus cogens doctrine. Jus cogens is a normative rule that is generally accepted by the majority of states and from which no other state can expect to be given a derogation. It is also argued that the international custom as evidence of a general practice that is accepted by law is of equal validity and importance to the contents of treaties as new customs may replace previously agreed treaties and new treaties replace older customs. Article 38(d) of the ICJ statute specifically states that judicial decisions and the teachings of the most highly qualified publicists of the various nations may be used as subsidiary sources and the court is entitled to refer to these publications. This is subject to the provisions of Article 59 of the same statute. Article 59 states that the decision of the International Court of Justice shall have no other bearing or binding force except on the parties of the case in question. However as part of the courts decision, reference to other judicial decisions and to previously published works of eminent writers may be made. The works of prominent jurists and scholars are accepted only as secondary or subsidiary sources of international law but can be considered to be an essential element in the development of the rules that are included treaties, custom and the general principles of the law. More recently, the acts or resolutions of the various international organizations are also being considered as secondary sources of international law. Draft articles prepared by the International Law Commission In 1946, the UN General Assembly passed a resolution to set up a committee of legal experts to pass on recommendations to the UN Secretary General on the ways the General Assembly could proceed in the development of codification of international law. This Commission recommended that the UN sets up a permanent Commission with the same task. Thus in 1947 the UN set up the International Law Commission which has as its objectives the codification of international law as well as solving international legal problems  [6]  . The International Law Commission prepares drafts, according to Section 20 of its Statute  [7]  , which are requested by the General Assembly or by government, by an inter-governmental organization or by a UN agency or on its own initiative. When the matter is brought to its attention by the General Assembly, one of its members sits with the Commission as a Special Rapporteur. In order to finalise a draft the Commission prepares a plan of work, receives written opinions and suggestions from the governments and then puts these together into a final draft. This final draft is submitted to the General Assembly for its final approval. B.G. Ramcharan  [8]  describes the International Law Commission as the vehicle for systematizing consolidating, up-dating, adapting, and expanding the law, and for giving an opportunity to the States [] to participate in this process. In The Work of the International Law Commission  [9]  any draft is given a dual aspect. On the one hand there is the codification of existing law as well as the formulation of what the Commission considered to be desirable developments in the field. How effective are draft articles for George? Although draft articles prepared by the International law Commission are a good indication of the general opinion on an issue in the international sphere (due to the opinions submitted by the States), these provisions are not binding. Therefore a provision in a Convention or a decision by the ICJ has more binding effect. In fact the 1952 draft convention on arbitral procedure, although it was described as unexceptionable and as perfect from a technical point of view, it still was not accepted as the basis of a convention as the members of the General Assembly saw it as over-ambitious  [10]  . Conventions concluded by the UN on the basis of drafts prepared by the ILC include the Vienna Convention on the Law of Treaties, Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations, Vienna Convention on Succession of States in respect of State Property, Archives and Debts and others. Drawing a comparison between the draft articles of one of the above and the actual Convention, one can easily see that most of the draft articles are adopted into the Convention word by word. I have carried out this exercise for the first twenty articles of the Vienna Convention on the Law of Treaties. In this comparison I have found that the substance of the articles has to a large extent been carried on into the Convention. Moreover the General Assembly introduced four other articles but removed only one whole article and two sub-articles. From this exercise I can conclude that the draft articles, before the Convention was enforced, were a very good indication of the opinio juris on the matter especially due to the fact that states give their opinion prior to the drawing up of a draft. Therefore my advice to George would be that when he has to decide on a specific matter, first he should look into written legal provisions especially Conventions which have the most binding effect. If his findings are lacking he ought to see if the ILC has drawn up draft articles on the matter (since these are a codification of the unwritten customary law). Otherwise George has to look at the other sources of international law such as court decisions and the opinion of publicists on the matter as laid down in Article 38 of the Statute of the International Court of Justice. A decision of the Supreme Court of one of the parties to the dispute As the name indicates, the Supreme Court is the most important organ of the judiciary of the nation. However, within the international sphere, this position is taken up by the International Court of Justice. This does not reduce the importance of the Supreme Court, but its authority is merely superseded by a more senior court, which regulates conduct between states. Nevertheless, there is a theoretical issue which divides this are into two schools of thought: dualism and monism. Dualist doctrine points to essential differences between international law and municipal law. This consists primarily in the fact that local legislation differs from international law in a fundamental way as international law regulates law between sovereign states whilst municipal law applies solely within a state and regulates the relationship between the citizens of a state and its executive.  [11]  This theory was espoused particularly by the German jurist Heinrich Triepel, who argued that in case of conflict between municipal and international law, a court would apply municipal law.  [12]   On the other hand, monism was espoused by jurists who believed in the supremacy of international law even within the municipal sphere. International law is seen as the best available moderator of human affairs, and a logical condition of the legal existence of states.  [13]   However, these theories were criticized on the basis that they hold conflicting views with the way that international courts ought to behave. Nevertheless, a state cannot refrain from its international obligations citing municipal law, as provided in Article 27 of the Vienna Convention which states that A party may not invoke the provisions of its internal law as justification for its failure to perform a treaty.  [14]   Municipal law is also relevant in international law as has been demonstrated in numerous cases. In fact, many instances in international law require concordance with municipal law to function correctly, such as in cases related to extradition and protection of human rights, as well as treaties. Municipal law is important to such an extent that it can be used to determine cases in international tribunals. In the Serbian Loans Case  [15]  , the Permanent Court considered whether it had jurisdiction under its statute in a case where the point at issue was a question which had to be decided by the application of municipal law. It concluded that the duty of the Court was to exercise jurisdiction when two states agree to have recourse to the Court. The Court weighted the case and decided to apply Serbian law in this case. The role of municipal law in international law was closely examined in the case concerning Certain German Interests in Polish Upper Silesia.  [16]  In this case, the Court observed that it was not called upon to interpret Polish law, but there was nothing to prevent the Court from judging whether Poland was acting in conformity with the Geneva Convention. Brownlie states that this statement indicates that municipal law can be considered as something which can create international responsibility. The general proposition is that international tribunals can take account of municipal laws only as facts to further discussion.  [17]   Brownlie also states that in the practice of the International Court and other international tribunals the concept of municipal law as mere facts had six distinct aspects  [18]  . These aspects are: Municipal law may be evidence of a violation of a rule of treaty or a customary law Judicial notice does not apply to matters of municipal law, as the international tribunal will require proof of the existence of municipal law In accordance with the Serbian Loans case, interpretation of municipal law by national courts is binding on an international tribunal Municipal law must be applicable to an extent within international tribunals International tribunals cannot declare the invalidity of municipal law and respect domestic jurisdiction International law may designate a system of domestic law as the applicable law  [19]   Thus, given that in some cases international courts may apply municipal law, George must not discard totally the decisions of the Supreme Court, but must use it in order to help him with the case he is assigned to. Nevertheless, international law still supersedes municipal law, as provided in Article 27 of the Vienna Convention. The United Nations General Assembly Resolution Hon. Chief Justice, in order to understand better what is a United Nations General Assembly resolution, it would be ideal to start by providing you with a short and background information on the General Assembly itself. The United Nations General Assembly is one of the five principal organs  [20]  of the United Nations and the only one in which all member nations have equal representation. This means, that since there are 192 member states in the United Nations, each and one of them is a member of the General Assembly. Each member of the General Assembly has one vote and important matters such as the elections of members, peace and security, budgets, and the suspension/discharging of members, is done by a two-thirds majority of those present and voting. Other recommendations which are considered to contain less weight, are decided by a majority voting. As stated in the official website of the UN, the General Assembly meets under its president or secretary general in regular yearly sessions, the main part of which lasts from September to December and resumed part from January until all issues are addressed (which often is just before the next sessions start). It can also meet for special and emergency issues. The Presidency rotates annually and the President is voted for by the same members of the United Nations. It is customary that the largest and most powerful countries, such as China, do not hold the presidency. On the other hand, countries such as Luxemburg and Switzerland, although small, had the presidency in the 1970s. It is therefore important to point out that even Malta held the Presidency back in the 1990, when the general assembly elected Dr. Guido De Marco as president of its forty-fifth session. Although the power of the President is limited, he may accomplish much through his personal influence and political adeptness.  [21]   The UN General Assembly Resolution The General Assembly votes on many resolutions brought forward by member states. It is interesting to appreciate that since 1945, at least 9229 resolutions spanning a vast and varied range of international issues have been adopted by the General Assembly.  [22]   Whilst this record of the General assemblys formal concern, considerations and expression of views is indeed impressive, the fact remains that, except for budget and membership questions, General Assembly resolutions are not legally binding on member states.  [23]   The legal competence of the General Assembly to consider legal matters flows from the UN Charter. Article 10 gives the General Assembly the authority to discuss and make recommendations on any matter within the scope of the Charter, either to the United Nations membership generally or to the Security Council in particular.  [24]   In addition, the charter imposes two major restrictions on the General Assemblys powers to discuss and make recommendations. The first is embodied in the principle set out in Article 2, paragraph 7 of the charter, which prohibits the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state and the second restriction is found in Article 12 of the Charter, which states that the General Assembly shall not make any recommendation while the Security Council is exercising its functions in respect to any international dispute. However, although this might suggest that the General Assembly has no powers at all, resolutions have frequently been the origin of multilateral treaties drafted and promulgated under UN auspices.  [25]  General Assembly declarations had sometimes evolved into conventions adopted by the international community. Prominent among these declarations are those dealing with the use of forces back in the 1960s.  [26]   Hon. Chief Justice, it is therefore important for you to know that back in the 1970s Malta was also involved in a very important resolution, embedding principles related to the seabed and its resources. In fact, it was Arvid Pardo, a Maltese diplomat, who initiated a fifteen year process which led to a near-unanimous passage of General Assembly Resolution 2749  [27]  . The principles brought forward in the resolution were later incorporated in the Law of the Sea Convention. This eventually proves that although resolutions are not binding, they may influence the nature and substance of international law in many ways and may also have legal force if they are regarded as statements of customary international law. The General Assembly thus is not a World legislature. It does not codify laws or norms even though they are adopted unanimously and without any formal opposition. General Assembly resolutions are merely recommendations however the General Assembly can function as an instrument to collect and shape up into tangible form the international communitys customary norms. State practice then becomes the main factor determining whether General Assembly resolutions give rise to new norms of international law or remain merely recommendations. Such new norms subsequently are codified into recognized principles of International Law through the promulgation of special conventions adopted by the General Assembly and approved by the required number of parties. A Treaty to Which only one of the parties to the dispute is a party A treaty is an international agreement concluded between states in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation  [28]  . They are generally held to be an ever-increasingly important source of international law and are a key towards the ends of developing a system of peaceful cooperation amongst states irrespective of their domestic legal particularities  [29]  . Since 1945, over 33,000 treaties have been deposited with the UN  [30]  . In Art.38(1)(a), the Statute of the International Court of Justice makes reference to international conventions establishing rules which are expressly recognised by the contesting states which may either be general or particular in their application. This article gives a very wide definition which seems to include not only bilateral and multilateral treaties but also any form of international agreement in any form. It often happens that the language of a treaty which is presented before the court as a document containing rules recognised by the states in dispute is not always manifestly clear and precise as to make it clear whether such treaty is actually applicable to the circumstances of the case. The court will proceed to interpret the instrument, therefore determining its scope and effect and applicability to the dispute in question. According to Art.36(2)(a) of the Statute of the ICJ, states may at any time and by common accord, recognise as compulsory the jurisdiction of the court in the resolution of several legal disputes which might arise between them, amongst these, the Statute mentions the interpretation of a treaty. In any case, the Vienna convention lays down that treaties must always be interpreted in good faith and in accordance with the ordinary meaning of the words contained within, given their context within the treaty  [31]  . The norm in public international law is that a treaty creates rights and obligations only between its parties, therefore third party states are not bound by any treaty which they have not individually entered into. This notion is best expressed by the maxim pacta tertiis nec nocent nec prosunt  [32]  . Art.34 of the Vienna Convention states that a treaty does not create either obligations or rights for a third state without its consent. This reasoning had already been confirmed in the earlier case dealing with the German Interests in Polish Upper Silesia  [33]  back in 1925. In this case, the PCIJ stated that a treaty only creates law as between states which are parties to it; in case of doubt, no rights can be deduced from it in favour of third states. There are however some slight exceptions to this otherwise general principle. A norm which was originally confined to a treaty between a limited number of states may eventually become part of international custom through state practice and therefore achieve general application  [34]  . The position at international laws appears to be clear enough in regard to cases where obligations are imposed on states which are merely third parties two treaties entered into by other states. The situation may tend to differ in cases which concern the granting of rights to third parties. The question is over when, if at all, such a right becomes complete and enforceable by the third party state. According to Brownlie and McNair amongst others, the general rule is that the third state only benefits in this sense if it expressly or implicitly assent to the creation of the right.  [35]  The corollary is that the third state may refuse the right either explicitly or else simply by failing to exercise the alleged right. On the other hand, if a third state has accepted a right, the right cannot be revoked by the actual parties to the treaty if it can be established that the right conferred was not originally intended to be revocable, save the third states freedom to consent to such revocation or limitation  [36]  . Strictly speaking, in the case brought before Judge George the matter of there being a treaty to which only litigant (A) is a party does not have a bearing on the relationship between states A and B in litigation since B is clearly a third party to the treaty and is therefore outside the scope of any rights or obligations created or conferred by the treaty provided that B had not consented to any obligations created by the treaty or else accepted any rights arising from the same. A statement by the foreign minister of one of the parties Parliamentary statements are one of the modes to detect a state practice and the position a state takes in the international plane. The foreign minister on a number of occasions may be asked to elucidate the states position on a particular issue of an international concern, thus parliamentary statements, can evoke a particular state practice. A state practice is a general practice which is normally accepted as law. The other limb is that this state practice must be accepted as law and this is what we call opinio juris sive necessitatis. This opinio juris sive necessitatis is what authors refer to as the psychological element of states, this is because the state practice has to be accompanied by the intent which represent why the state acts in that particular manner. This means that parliamentary statements and therefore ministers statements in the international court of justice reflects and determine the state practice and what its position is. The Position of the Minister in the ICJ Another important thing that we must notice is that the International Court of Justice deems the position of foreign Ministers to be of a very important nature. This is illustrated in Belgium VS Congo delivered by the International Court of Justice on 14th Febuary 2002 where it implied that customary international law grants to foreign ministers as long as they hold their office the advantage of absolute jurisdiction and inviolability. The reason behind this is for the international court of justice to ascertain performance of the very importatnt functions that foreign ministers excercise when they represent their states. This clearly points out that the international court of justice gives a lot of importance to the position of the foreign minister in the international court of justice but the question that arises is Does it give the same importance to their statements? One must begin by saying that for a statement of foreign minister to be accepted and taken into consideration it must be in accordance with international law. In fact a point that was revealed in Military and Paramilitary Activi

Compare and Contrast Dr Bledsoe and Mary Rambo :: essays papers

Compare and Contrast Dr Bledsoe and Mary Rambo In the novel Invisible Man, the main character undergoes several drastic changes, which greatly alter his view of life, and how he lives. Some of those changes were for the good, others for worse, but other people and their actions influenced him in different ways. Dr. Bledsoe and Mary Rambo were the two characters who probably influenced him the most, yet they were radically different. Dr. Bledsoe was the Black administrator president of the college the invisible man had once attended. The invisible man had the utmost respect for him, thought of him as a mentor and always hoped to be as successful as he was. Dr. Bledsoe’s success had been achieve thanks to his â€Å"kissing up and humility toward whites. While Dr. Bledsoe was famous, wealthy and powerful, he wasn’t really the great man he appeared to be. He was many things, but not a great person, he was a lying, power-hungry hypocrite, who would do anything to obtain what he wants. His hypocrisy is unbelievable, the most blatant example of this occurred in chapter four when he told Mr. Norton that he wouldn’t do anything to the narrator, yet in chapter six, he â€Å"suspended† him for a semester. As far as his lying he did plenty of it, to Mr. Norton, to the narrator, and to basically all the white people. In the beginning of chapter four, he tells the narrator, â€Å"we take these white folks were we want them to go, we show them what we want them to see.†, in this statement he reveals how he has earned the power and fame. The white people think everything’s fine because the only things they are only taken to places (in and around the school) where Dr. Bledsoe knows they will like what they will see. And obviously the lie that affects the main character the most is when he wrote letters that stated how the narrator was had gone â€Å"astray† and that he had been kicked out because he â€Å"upset certain delicate rela tionships between certain interested individuals and the school. (pg. 191) Mary Rambo on the other hand is a kind and devoted woman who helps anyone who needs aid. Whenever she saw someone in need, she would dedicate most of her time to helping that person, and never expected any reward for her efforts.

Business operational Essay

To provide learners with an understanding of the role and importance of operations management (OM) in the efficient and effective production of goods and services. Scenario: WH Smith is a major, well-known and publically-quoted book retailer and newsagent in the UK. Recently it was reported how Kate Swann, the former CEO for the last 10 years, has turned the company around from ? 135m losses to ? 106m profit in a decade. (source: www. theguardian. com/business/blog/2013/jan/23/wh-smith-kate-swann-profit, accessed 1 October 2013) (Also see copy attached) This is an example of how the principles of operations management can be used to reactivate a firm. How did she do it? Using the above as a starting point, together with other information sources, which you should research yourself, on WH Smith, you are asked to address the Tasks below regarding operations management. Task 1 (this meets LO 1, ACs 1. 1, 1. 2 and 1. 3) Based on the Scenario, produce a document explaining the nature and importance of Operation Management and its key elements. Your document for this Task must include the following elements (among others as you wish): I. A definition of OM and an explanation of its importance; II. The key elements of OM; III. The need to produce goods or services on time and to cost, with the right quality and within the law; IV. The role of OM in achieving strategic objectives; and V. Produce systems and sub-systems diagrams for any WH Smith operations processes, including a brief explanation of your diagrams. Task 2 (this meets LO 2 ACs 2. 1, 2. 2 and 2. 3) Based on the Scenario, produce a document explaining the relationship between OM and strategic planning. Your document for this Task must include the following elements (among others as you wish): I. II. III. Explain the implementation of the â€Å"3Es† in WH Smith; Critically review the tension between cost minimisation and quality maximisation in the context of WH Smith; and Assess the importance of the five performance objectives that underpin operations management. Task 3 (this meets LOs 3 and 4 in full) Base on the Scenario, produce a document explaining how to organise and apply relevant techniques in a typical production process. Your document for this Task must include the following elements (among others as you wish): I. II. III. IV. Comment briefly on the importance of operational planning and control. Explain what linear programming is, and give an example in relation to any part of the operations of WH Smith; Produce a network plan and indicate the resultant critical path for any operation in WH Smith. (for this task, you should include a set of operational outcomes, which are clearly defined). Explain how quality can be defined and maintained. Learning Outcomes and Assessment Criteria In order to Pass this unit, the evidence that the learner presents for assessment needs to demonstrate that they can meet all the Learning Outcomes for the unit. The Assessment Criteria determine the standard required to Pass this unit. The Assessment Criteria will act as a guide to help you put into context your answers to fulfill the Learning Outcomes. Learning Outcome Assessment Criteria 1. 1 explain the importance of operational management 1. 2 explain the need to produce safely; on time; to cost; to LO 1Understand the quality and within the law nature and importance 1. 3 explain the link between operations management and of operational strategic planning management 1. 4 produce a systems diagram to illustrate a typical business 2. 1 explain the ‘Three Es’ (economy, efficiency and effectiveness) LO2 Understand the link between operations 2. 2 explain the tension between cost minimisation and management and quality maximisation strategic planning 2. 3 evaluate the significance of the five performance objectives that underpin operations management 3. 1 explain linear programming LO3 Understand how 3. 2 evaluate critical path analysis and network planning to organise a typical 3. 3 explain the need for operational planning and control production process LO4 Be able to apply relevant techniques to the production of an operational plan for a typical business 4. 1 produce a set of clearly defined operational outcomes 4. 2 produce a network plan and indicate the resultant critical path 4. 3 explain how quality could be defined and maintained. INSTRUCTIONS AND INFORMATION FOR LEARNERS This assessment and the Tasks above are designed to assess your achievement of all four of the Learning Outcomes and associated Assessment Criteria for a Pass in the ‘Employability Skills’ unit of the qualification you are undertaking. Your tutor/ deliverer will advise you when you should start work on the assignment, the date when you must hand in your completed work and when you can expect to get your mark and feedback on your work. Guidance on this subject is provided on page 1 of this assignment brief. You should make sure that you plan your work carefully, to ensure that you cover all four learning outcomes of the assignment, and complete it within the time limit specified. There is no official guideline wordcount or percentage marking (other than Pass/ Merit/ Distinction/ Refer). By way of guidance only for this particular assignment, it is recommended that you write a minimum of 2000-2500 words total and match the weighting of your efforts to the wordcount indicated. Your statements in answer to the Learning Outcomes need to be prefixed with the specific Learning Outcome title or at least the Learning Outcome number. This will help you keep on track and should ensure you address the details. You must make sure that you acknowledge any sources you have used to complete this assignment, listing reference material and web sites used. The assignment result will be published on BITE’s Moodle online education materials platform, normally within 6 weeks of the submission date. If your assignment is assessed as referred, you will be notified with an indication of the areas to be addressed. You may resubmit an assignment, or submit a new assignment, on a further two occasions during your period of registration as an Institute learner with Edexcel. If there is anything in these instructions or in the assignment itself which you do not understand, please seek guidance from your tutor/ deliverer. Merit grade Descriptors For learners to achieve a Merit they must: Identify and apply strategies to find appropriate solutions Indicative characteristics Learners must demonstrate that: An effective approach to assignment planning, study and research is in evidence Evaluations and judgements, using evidence, have been made Problems with a number of variables have been considered Select/design and apply appropriate methods/techniques A range of relevant theories have been included Relevant theories and techniques have been applied to the case study A range of different sources of information have been used The selection of methods/techniques of analysis and use of source material have been justified Information/ data has been synthesised and processed Present and communicate appropriate findings The written assessment is coherent, shows logical development and a sound understanding of theories, concepts and research evidence The written assessment demonstrates that an appropriate structure and approach has been used The written assignment demonstrates a writing style appropriate for audiences both familiar and unfamiliar with the subject. The written work is clearly written and technical language has been accurately used Distinction grade Distinction descriptors For learners to achieve a Distinction they must: Indicative characteristics Learners must demonstrate that: Use critical reflection to evaluate own work and justify valid conclusions. Conclusions have been arrived at through synthesis of ideas and evaluation of research evidence and have been justified The validity of results has been evaluated using defined criteria Realistic and informed recommendations have been proposed against defined characteristics for success Take responsibility for managing and organising activities. The written assignment shows excellent planning, is organised coherently and is clearly expressed Independence of thought and gathering of research material has been demonstrated Material used has been clearly understood and well organised The importance of individual and group behaviour in organisations and its management has been recognised and addressed Demonstrate convergent/lateral/creative thinking. There is evidence of self-generated ideas with evaluation Convergent and lateral thinking are evident in the written assignment Creative thinking is evidenced with unfamiliar material. Problem-solving is in evidence Innovation and creative thought are in evidence Receptiveness to new ideas is evident Ideas have been generated, evaluated and informed decisions/ recommendations are made. Case Study: WHSmith †¢ WH Smith: Kate Swann turns ? 135m losses into ? 106m profit in a decade One of the UK’s most highly regarded – and highly paid – retailers achieved success by going against the grain WH Smith chief executive Kate Swann favours the old retail adage: sales are vanity, profits are sanity. Photograph: PA When Kate Swann arrived at WH Smith in 2003, there was a widely held view that the chain’s days were numbered. A decade on, she has turned losses of ? 135m into a profit of probably ? 106m this year, and shares that were languishing at 250p are now changing hands at 650p. Swann is now one of the UK’s most highly regarded – and highly paid – retailers. Yet she has achieved this remarkable feat by breaking many of the â€Å"rules† of running a successful high street retail business. When Swann announced she was pulling out of selling music and DVDs because the profit margins were thin and getting thinner, rivals thought she had taken leave of her senses – she was instantly kissing goodbye to about 30% of Smith’s turnover. On a same-store basis on the high street, WHS now sells roughly ? 65 of goods for every ? 100 of custom seven years ago. The demise of Zavvi and HMV in the face of online competition shows it was a brave – and correct – decision. Swann favours the old retail adage: sales are vanity, profits are sanity. By focusing on profitable sales and cutting costs relentlessly, she has boosted profit margins – according to analyst Nick Bubb by an almost incredible 15 percentage points. While other retailers have been pouring resources into the digital world, Smith’s big online strategy is its Funky Pigeon card site. Instead, Swann plans to open more shops, even though they are, to be frank, deeply unpleasant places to shop, stuffed with stock and screaming promotional banners. While the supermarkets have to tread carefully in the products they offer and have been targeted for displaying sweets at the checkout, Smith’s has sold stationery aimed at teenagers and young women adorned with the Playboy bunny motif and Swann’s checkout assistants attempt to force-feed the nation giant bars of Galaxy and chocolate oranges. Her secret? Maybe it’s the low profile. While many rivals enjoy the limelight, holding forth on the woes of the economy, the lack of women in the boardroom and political issues such as the in-out debate, Swann says nothing. She doesn’t give interviews. On Wednesday, at Smith’s AGM, a shareholder stood to offer thanks for her transformation. Asked to respond, she merely said: â€Å"Thank you, let’s move on. † No doubt she will. There will be a queue for her services.

Achilles Vs. Gilgamesh essays

Achilles Vs. Gilgamesh essays Achilles and Gilgamesh are two epic heroes who share many similarities. Both men are kings of their respective places, their subjects look up to them and expect a proper relationship between them and society. Both Achilles and Gilgamesh possess superhuman strength and are closely tied to the Gods, Gilgamesh because he is 2/3 god and Achilles because he is the son of Zeus. The Greeks and Mesopotamians consider them heroes and look up to them for understanding of how the gods relate to man. Achilles and Gilgamesh are prideful and both yearn to live long lives and have their names be remembered. The yearning for their needs to live long renowned lives shows that the Greeks and Mesopotamians cherished life and legends. Among the similarities there are also some differences. Gilgamesh over the course of the epic develops as a character thanks to his friend Endiku and his quests for renown and immortality. Unlike Gilgamesh Achilles does not develop significantly over the course of the epic. Although the death of Patroclus prompts him to seek reconciliation with Agamemnon, he still continues to be angry until King Priam begs for Hectors body and Achilles is reminded of his father. After Endikus death Gilgamesh is pushed to search for immortality because of Endiku which shows that Mesopotamians culturally emphasized ties with your fellow comrades and the importance of friends. After Patroclus death Achilles is fuelled by his anger and goes on fighting for him showing that Greeks culturally emphasized ties with your family and the importance of love. ...

Clueless and Emma essays

Clueless and Emma essays The film Clueless, written and directed by Amy Heckerling, is an adaptation of Jane Austen's novel Emma and closely parallels the story in terms of character development and action. Although Emma was written in 1816 and developed ideas and issues of that period in time, 180 years later we can still recognize and identify with the exact same issues. This just proves that despite all the social changes that have taken place since Jane Austen's time, people and life haven't really changed all that much. The general life issues of money, relationships, upbringing, and love are raised in both texts. First of all, from the very beginning of both the novel and movie, we can see the similarities between the two main characters. Emma Woodhouse, the protagonist in Emma, is part of the rich, upscale society of a large and populous village called Highbury, in nineteenth century England; while Cher Horowitz lives in rich, upscale Beverly Hills. In both Emma and Clueless, both of the main characters, Emma and Cher, are spoiled, high-class snobs who are looked upon with admiration and popularity by all. Emma and Cher are among the cultural elite and because of their wealth and class they are spoiled and tend to think too highly of themselves. Secondly, relationships are one of the key issues raised and explored in both texts. One of the relationships explored is that between the daughter and her father. Both Emma and Cher have a close yet out of the ordinary relationship with their father, as each girl is the apple of their fathers eye and can do no wrong. And both Emmas and Chers fathers are very generous with not only their love but also their money and constant compliments. But with these compliments and cash comes snobbery and I believe that it is the fathers that cause this in their daughters. It is here that the real problems of both Emmas and Chers situations come together. Both girls have ...

Vocational research paper on a career - lawyer Example | Topics and Well Written Essays - 500 words

Vocational on a career - lawyer - Research Paper Example The certificate is called pre-law degree. The training is available at universities or law schools. An individual practicing to be a lawyer must pass through the Bar examination, ethics examination and graduate from a law school (The Lawyers Almanac 2011: The Leading Reference of Vital Facts and Figures about the Legal Profession 301). Education requirement for practicing lawyers is set by each school and normally the fees charged for the training ranges from & $150,000 to over $200, 000. In addition, the entry in the bar examination depends on each state’s bar association. The duration taken to study law differ in countries and law schools. An example is that, in the UK, it is: The LLB is 3 years, and the LLM is one year course. Conversely, in the US: A J.D. will take three years to complete after you have spent four years completing a bachelors degree (Walton 95). There are different kinds of lawyers amongst them judicial clerks being paid an average of $54,000, Prosecutors $35,000 to $90,000, public defender $35,000 to $57,000, and federal government lawyer $ 62, 467 as of 2012(The Authoritative Guide Careers for the Year 2000 and Beyond: Everything You Need to Know to Find the Right Career 118). Law as a profession also has various prominent personalities who act as a role model to aspiring lawyers to be. They are Nelson Mandela, Gandhi, Fidel Castro, Dick Button and Jeffrey Chodorow (Basu 192). Demand of people in the profession of law is rather disturbing since most law schools are producing an excess of graduates lawyers. These lawyers are not proportionated with the available employment opportunities available in the nation and the result is unemployment for most graduates lawyers and decreased pay as there are many lawyers available in the market (Occupational Outlook Handbook 256). In conclusion, law is a extremely essential profession since it is

Medication error Essay Example | Topics and Well Written Essays - 1250 words

Medication error - Essay Example Quality management philosophies and systems are highlighted because they emphasize a learning organization culture that critically determines and resolves medication errors in the long run. Hence, medication errors are not the responsibility of prescribers alone, but a responsibility of the healthcare team and the healthcare organization, as well as the government. Introduction On September 14, 2010, 50-year-old Kimberly Hiatt, a longtime critical care nurse at Seattle Children’s Hospital, administered the wrong dosage of calcium to a fragile baby, Kaia Zautner (Aleccia, 2011). Zautner died five days later, although it was not clear whether the medication error killed her. Nevertheless, Hiatt, who was fired and underwent a state nursing commission investigation, committed suicide seven months after Zautner died. Aleccia (2011) reported that around 1 in 7 Medicare patients are harmed because of medication errors. Andel et al. (2012) estimated the economic costs of medication er rors using quality-adjusted life years (QALYs) and the Institute of Medicine’s report of 98,000 deaths every year. They discovered that the conservative cost of these deaths is â€Å"$73.5 billion to $98 billion in QALYs† (Andel et al., 2012, p.41). ... Causes of Medication Errors: Providers and Environment Tully et al. (2009) examined the causes of and factors connected to medication errors that concern prescriptions for hospital inpatients. They grouped the causes according to Reason’s model of accident causation, which will also be used in this essay: active failures, error-provoking conditions and latent conditions. Active Failures Active failures pertain to hazardous acts that prescribers make, which means that all medication errors consist of at least one active failure (Tully et al., 2009, p.826). One of the most common sources of active failure is knowledge-based. Prescribers committed mistakes either because they did not know enough about the drug or about the patient (Grissinger & Kelly, 2005, p.62; Tully et al., 2009, p.826). Some of the examples are giving the wrong dose or not being aware that a patient’s co-morbidity was a contraindication for the provided medicine. Another kind of active failure is skill -based or based on memory lapses (Tully et al., 2009, p.826). A couple of instances are interruption of the prescriber, who then makes a mistake, and when prescribers were too busy that they made an error. Aside from skill-based faults, policy violations are also problematic. Violations refer to active choices wherein prescribers ignore formal or informal policies that they were expected to follow (Tully et al., 2009, p.826). One example is medication error that comes from a medical student because his supervisor did not check his prescription. These active failures contribute to numerous medication errors. Error-provoking Conditions Error-provoking conditions are different from active