Raising Capital in the Financial Markets Essay Example | Topics and Well Written Essays - 1500 words

Raising Capital in the Financial Markets - Essay Example Total equity capital of a company is divided into equal units of small denominations, each called a share. The company and merchant banker are however required to give full disclosures of the parameters which they had considered while deciding the issue price. There are two types of issues one where company and Lead Merchant Banker fix a price (called fixed price) and other, where the company and the Lead Manager (LM) stipulate a floor price or a price band and leave it to market forces to determine the final price. (Thompson 27) Primarily, issues can be classified as a Public, Rights or Preferential issues (also known as private placements). While public and rights issues involve a detailed procedure, private placements or preferential issues are relatively simpler. The classification of issues is illustrated below: Initial Public Offering is when an unlisted company makes either a fresh issue of securities or an offer for sale of its existing securities or both for the first time to the public. This paves way for listing and trading of the issuer's securities. An Initial Public Offer (IPO) is the selling of securities to the public in the primary market. It is when an unlisted company makes either a fresh issue of securities or an offer for sale of its existing securities or both for the first time to the public. This paves way for listing and trading of the issuer's securities. An Initial Public Offer (IPO) is the selling of securities to the public in the primary market. It is when an unlisted company makes either a fresh issue of securities or an offer for sale of its existing securities or both for the first time to the public. This paves way for listing and trading of the issuer's securities. The sale of securities can be either through book building or through normal public issue. A follow on public offering (Further Issue) A follow on public offering is when an already listed company makes either a fresh issue of securities to the public or an offer for sale to the public, through an offer document. Rights Issue Rights Issue is when a listed company which proposes to issue fresh securities to its existing shareholders as on a record date. The rights are normally offered in a particular ratio to the number of securities held prior to the issue. This route is best suited for companies who would like to raise capital without diluting stake of its existing shareholders. A Preferential issue A Preferential issue is an issue of shares or of convertible securities by listed companies to a select group of persons which is neither a rights issue nor a public issue. This is a faster way for a company to raise equity capital. The issuer company has to comply with the all the regulations and the requirements laid down by the appropriate agencies pertaining to preferential allotment in Financial Market guidelines which inter-alia include pricing, disclosures in notice etc. Courtesy : Dyjan A "All About Money "page-52 Issue price The price at which a company's shares are offered initially in the primary market is called as the Issue price. When they begin to be traded, the market price may be above or below the issue price. Market Capitalization The market value of a quoted company, which is calculated by multiplying its current share price (market price) by the number of shares in issue is called as market capitalization. Listing of Securities Listing means admission of securities of an issuer to trading privileges on a stock exchange through a formal agreement. The prime objective of admission to dealings on the exchange is to provide liquidity and marketability

Child and health Essay Example | Topics and Well Written Essays - 1000 words

Child and health - Essay Example has to say on these matters it is also the case that this paper will also provide some personal insight into the effectiveness as well as the relevance of these issues in our modern society. According to an article published by Paediatrics (2009) one of the major issues facing Paediatric cancer survivors is long term follow care. According to the article it was the case that prior to the 1970’s most children dealing with cancer died as a result of the primary disease however as a result of improvements in medical technology the survival rates have increased dramatically. However as a result of this, what we can say is that long term care literature has only been developed in the last forty years. What was proposed by the article was a so called â€Å"Shared-care model† in which the duties of long term care is split between primary care providers as well as the cancer specialists postulating that routine health maintenance and meeting the emotional needs of survivors should be the responsibility of the primary care providers. Under this model the oncology specialist should be available as part of a routine to provide ongoing care in regards to any uncertain ties that should arise with the long term care. One of the most persistent issues of health promotion amongst juniors through teens is proper nutrition and exercise. On the Great Ormond Street Hospital (2010) there is a link to the healthy eating sections for each age classification for younger people (Juniors, kids and teens). Furthermore there are guidelines for these younger people and how they can adopt an exercise regime that can be best suited to their needs given a number of input variables (Current weight, current activity levels etc.) Lastly there is the promotion of an oft not quoted subsection of youth health which is mental health. There is little question that today’s youths face a unique set of challenges and fortunately it is the case that the Great Ormond Street Hospital offers a clear outline

Social Media as a tool for Surveillance and gaze How do people consume Essay

Social Media as a tool for Surveillance and gaze How do people consume and watch each other on SM platforms and what are the consequences of such activities - Essay Example Hence given the exceptional participant figures, programs such as MySpace and Twitter represent key targets for security personnel in search of crime-related intelligence (Andrejivic 2005, pp.479-497). However, for the public, the possibility of accessing civic services and funds resourcefully serves as a justification of the SNS and the collective surveillance incentives. Moreover, the progressive advancement of social media has increasingly served as a basis of human empowerment in various ways. The Internet categorically enhances involvement in political activities, permits individuals to cost-effectively share their ideologies, as well as to instantly, store data. Social media can be termed as empowering in contrast to the exploitation of web conferencing, TV shows, and cellular phones by its consumers. Basing on this perception, transforming the user’s responsibility from inert to dynamic; surveillance creates prospects for communication and seeking information as noted by Albrechtslund (2008, pp.1-1). Furthermore, the Central Intelligent Agency (CIA) often relies on the SNS to offer surveillance services given its conservatory and interactive potential. Studies also indicate that most people often rely on the social media to make new friends. As reported by Andrejivic (2005, pp.479-497), participatory surveillance has the potentiality to act as a tool for monitoring companionship by reviewing the data shared by different users online. Social media also entails the idea of exchanging personal details with others. Consequently, the idea of sharing ought not to be despised, since the private data that individual’s share reveals a stage of communication that does not predominantly need

Trend Analysis for Myer Assignment Example | Topics and Well Written Essays - 750 words

Trend Analysis for Myer - Assignment Example A new building was built and completed in 1914. From this base, Myer build the largest departmental stores in Australia (Harold, 2010). The death of Sydney in 1934 saw the management passed to Elcon Myer. In 1938, Elcon Myer passed on, and the management was passed to their cousin, Norman Myer, who led the company till his death in 1956. Myer then grew by promoting growth in its own stores and acquiring other stores (Harold, 2010). Taking the 2009 sales to be the base of analysis, the recorded sales in 2011 and 2012 fairly decreased. However, the sales for 2010 recorded a higher score than 2009’s. This can be attributed to many factors. In this breakdown, the 2009 sales assume a 100% mark, using it as a benchmark to calculate the deviations in percentages for the various years. The performance of sales in the respective years affects the realized profits. In 2010, profits went up as compared to 2009. This exclusive performance as compared to 2011 and 2012 respectively, can be attributed to the increase in sales, cost of goods sold, operating income and expenses directly linked to sales. On 2010, the concession sale recorded an 8% increase from 2009 and remained persistent to the year 2011. In 2012, it gained another 4 % increase. This means that Myer increased its sales by allowing their goods and services to be sold under contract or license by other businesses, not related to the chain of stores, in the geographical area (Bell, 1990). It is astonishing that 2010, which recorded higher sales revenue in 2010 as compared to 2011 and 2012, realized the lowest profits. This performance can be attributed to the following factors; in the same year, the sale revenue realized under customer loyalty program was an increases figure of 12% from 2009. This figure does not contribute in determining the profitability of the business as it was deferred to the next financial year. The operating revenues in 2010 are much lower as compared to 2011

Death is Definitely Not Justified With Physician-Assisted Suicide Essay Example for Free

Death is Definitely Not Justified With Physician-Assisted Suicide Essay Doctors dedicate their blood, sweat and tears to achieve the ultimate goal of their profession – to preserve the health and well-being of their patients. Doctors positively intervene with life processes in order to maintain and preserve the lives of many people. However, when doctors negatively intervene with a natural process like death, problems can arise because they are caught in a dilemma of whether to forego life and help end the suffering or to preserve it and torment the patients suffering with terminal illnesses. This is why, physician-assisted suicide is not just perceived solely as a medical problem because it also involves legal, ethical, social, personal, and financial considerations. Physician-assisted suicide remained as one of the most controversial types of euthanasia because it violates the Hippocratic Oath. Physician-assisted suicide literally means that the physician provides the medication for suicide to a competent patient who is capable of carrying it out. It is not just morally reprehensible for a physician, or any medical practitioner, to assist the patient to conduct this procedure because it negates their responsibility to preserve life, physician-assisted suicide also devalues the life of the patient as their fate is put entirely in the hands of a human being. Indeed, there exists an unprecedented debate over physician-assisted suicide (also called euthanasia) because involves medical professionals, as well as the patients and their families. The arguments range from determining the dignity of the patients, the quality of their lives, their mental state, and sometimes their usefulness to society. For example, the patient who is in a vegetative state is considered dead by some but not by others, and this case presents substantial moral and ethical problems. The Oxford Dictionary of English (2005) defines euthanasia as â€Å"the painless killing of a patient suffering from an incurable and painful disease or in an irreversible coma†. However, euthanasia means much more than a â€Å"painless death†, or the means of procuring it, or the action of inducing it. The definition specifies only the manner of death, and if this were all that was needed to achieve it a murderer, who is careful to drug his victim to death, could claim that he or she did an act of euthanasia. We find this ridiculous because we take it for granted that euthanasia is â€Å"death† itself, not just the manner of death. How can someone administer a â€Å"medical procedure† to the one who dies in the end? The spate of recent public and philosophical controversy has been over voluntary active euthanasia (VAE), especially physician-assisted suicide. Supporters of VAE argue that there are cases in which relief from suffering supersedes all other consequences and that respect for autonomy obligates society to respect the decisions of those who elect euthanasia. If competent patients have a legal and moral right to refuse treatment that brings about their deaths, there is a similar right to enlist the assistance of physicians or others to help patients cause their deaths by an active means. Usually, supporters of VAE primarily look to circumstances in which (1) a condition has become overwhelmingly burdensome for a patient, (2) pain management for the patient is inadequate, and (3) only a physician seems capable of bringing relief (Dworkin, Frey Bok, 1998). A much publicized case of physician-assisted suicide came into the headlines when it shocked people with the bizarre activities of Dr. Jack Kevorkian in early 1990s (or â€Å"Dr Death† as the media have dubbed him) in the USA. Dr. Kevorkian, a retired pathologist, assisted over forty people to commit suicide in recent years in circumstances, which were somewhat beyond normal from regular medical practice. These people travelled to Kevorkian from all over the USA to seek his assistance in suicide. Kevorkian assisted their death by ending their suffering. He even attached his patients at the back of a dilapidated Volkswagen van, where a â€Å"suicide machine† can be found. This machine automatically injects patients with lethal doses of drugs, as patients themselves activate it. Despite being prosecuted for assisted suicide on several occasions, Kevorkian escaped conviction and continued his personal campaign for relaxation of the law in his peculiar way. It was only when he moved from assistance in suicide to euthanasia that he was finally convicted. He filmed himself administering a lethal injection, and the film helped secure his conviction for murder (Keown 2002, p. 31). Of course, his actions provoked discussion of the thin line separating passive euthanasia, which is legal in this country, and active euthanasia. Opponents of Kevorkian’s actions state that he is practicing physician-assisted suicide, which is illegal. Proponents of Kevorkian’s actions argue that the patient’s right to control his or her medical treatment is sufficient justification for assisted suicide. Unfortunately, most Americans seem to agree with physician-assisted suicide. A nationwide survey by the Gallup poll in 2004 showed that 69% of Americans believed that physicians should be allowed to help terminally ill patients in severe pain commit suicide. These results were consistent with those of Gallup polls over the past two years, where â€Å"Americans have shown slightly higher levels of support for doctors ending patients’ lives by painless means than for assisting patients to commit suicide† (Lyons, 2004). Allen et al. (2006) suggest about the reasons for these statistics. They said that â€Å"one explanation could be the increase in education and awareness of advances in both medical technology and research on various chronic diseases†. As more Americans are becoming more aware of the devastating psychological effects of disease on a person’s well being; â€Å"they may be more willing to make informed decisions on end-of-life care†. Armed with knowledge of how painful and grueling pains that patients suffer, Americans think that sometimes the best option for a terminally ill patient is physician-assisted suicide or some other form of euthanasia. Strangely enough, a group of doctors also support physician-assisted suicide. Known as the Hemlock Society, these doctors advocate the legalization of euthanasia (Snyder, 2001). This organization believes that the final decision to terminate life ultimately is one’s own, although it does not encourage suicide for emotional, traumatic, or financial reasons, or in the absence of terminal illness. Conversely, the National Hospice Organization supports a patient’s right to choose, but believes that hospice care is a better choice than euthanasia or assisted suicide (Snyder, 2001). Despite the salient points made by the supporters of physician-assisted suicide, we should not forget that this process essentially negates the purpose of a doctor’s profession. The Hippocratic Oath, which dates back in the 400 B. C. E. states that â€Å"I will give no deadly medicine to anyone if asked, nor suggest any such counsel†. Not only that it is in clear opposition to the oath of their profession, it is also morally and ethically reprehensible. According to Somerville (2006), there are two major reasons why people should not allow euthanasia to be legalized. First reason is purely relying on principle that it is not right for one human to intentionally kill another (with the exception of justified self-defense cases, or in the defense of others). Somerville (2006) stated that the second reason is utilitarian, as legalizing physician-assisted death has harmful effects and risks to people and society. In fact, the harms and risks far outweigh any benefits of physician-assisted suicide. While Mak, Elwyn Finlay (2006) reasoned that â€Å"most studies of euthanasia have been quantitative, focusing primarily on attitudes of healthcare professionals, relatives, and the public†. Most people perceive pain as the major reason for requesting euthanasia, while other factors that convince people to choose it are impairment of functions, dependency, being a big burden, being isolated to people, depression, losing hope, and losing autonomy or control. This is why, Mak, Elwyn Finlay (2006) thought that legalizing euthanasia is a â€Å"premature† move when research evidence from the perspectives of those who desire euthanasia is not yet proven to be necessary. The researchers suggested that there needs to be additional qualitative patient-based studies in order to broaden the physician’s understanding of patients. They deemed that there should be the â€Å"inclusion of medical humanities, experiential learning, and reflective practice into medical education should help ensure doctors have better communication skills and attitudes†. Thus, doctors and healthcare professionals should focus in examining ways to improve cure and care at all levels so that they can trash out the â€Å"side effects of poor end of life care†. In this way, physician-assisted suicide would not be necessity anymore. In 1997, the U. S. Supreme Court ruled that the Constitution does not guarantee Americans a right to physician-assisted suicide and returned the issue to the state legislatures for continued debate. In its decision, the Court placed emphasis on the American tradition of condemning suicide and valuing human life. In its ruling, the Court made it clear that the states have a legitimate interest in banning physician-assisted suicide, but it also left it open to them to legalize the practice. As a result, the practice has been legalized in Oregon. Although the law is rather unequivocal in regard to the practice of active euthanasia, the court decisions have been quite ambiguous. This may be a proper stance for the law in that its adamant negative position provides a deterrent to all considerations of the practice and forces deliberation of the merits on a case-by-case basis. But under what circumstances is euthanasia justifiable? Is it permissible to kill the terminally ill? How about those who are not terminally ill but have only lost their appetite for life? Even if society decides that citizens have a right not only to life, liberty, and property but also to death, what part do health care practitioners play in this right? Would the role of physician who conducts euthanasia have a chilling effect on the medical profession? What law cannot answer, ethics and morality could provide the answers of what needs to be done by health professionals when faced with a difficult dilemma, such as physician-assisted suicide. As medical practitioners, medical code of ethics should not just become theoretical concepts, because ethics are important references in the application of one’s moral and value system to a career in health care. Ethics involves more than just â€Å"common sense†, which is an approach for making decisions that most people in society use. Ethics goes way beyond this: It requires a critical thinking approach that examines important considerations such as fairness for all consumers, the impact of the decision on society, and the future implications of the decision. In the end, as doctors, the central issue remains caring for the dignity of the patient, which involves respecting the patient’s wishes, protecting the integrity of the profession, and sparing the life of a person under all conditions which are generally understood to be extremely burdensome. Thus, all forms of physician-assisted suicide are ethically and morally reprehensible because it promotes intentional killing. This principle does not require the preservation of life at all costs, which is essentially the role of all physicians.

Ethnic Cleansing And Genocide Criminology Essay

Ethnic Cleansing And Genocide Criminology Essay As long as I have any choice, I will stay only in a country where political liberty, toleration, and equality of all citizens before the law are the rule. -Albert Einstein. For centuries, man has been fighting with his brother, over man-made issues of differences in their status, nationality, race, colour, religion to name a few. In India itself, this differentiation has taken shape in the form of differences in class, differences between Muslims and Hindus, Sikhs and Christians, recent incidents taking place in Orissa and Kerala are gory examples of the same. In fact, this in essence has also taken place in Maharashtra in 2008 wherein almost 20,000 North Indians fled Pune and other such cities, the same revealed by an article in the Indian Express. Statistics in fact have shown that man is being a threat himself to another man causing his mass exodus. Despite the advancement in technology man doesnt seem to want to co-exist with another, a deficiency which will lead to its self-destruction sooner or later. This is essentially the concept of ethnic cleansing, an international crime progressively taking more antagonistic forms as time passes. In principle, an ethnic group  [1]  would be defined as a community whose heritage offers important characteristics in common between its members and which makes them distinct from other communities. There is a boundary, which separates us from them, and the distinction would probably be recognized on both sides of that boundary. Ethnicity is a multi-faceted phenomenon based on physical appearance, subjective identification, cultural and religious affiliation, stereotyping, and social exclusion.  [2]   The phrase ethnic cleansing was originally introduced by reporters covering the Yugoslav wars of disintegration between 1991 and 1995, but as a course of action it is much older than that.  [3]  By definition, it has been defined as a phenomenon wherein one ethnic group expels members of other ethnic groups from a geographic area in order to create ethnically pure enclaves for members of their ethnic group.  [4]   However, the complexities involved when it comes to ethnic cleansing, is that till date despite the number of occurrences there exists a blur when it comes to differences between genocide and ethnic cleansing.  [5]  Also, the number of incidents wherein ethnic cleansing has taken place makes one question the effectiveness and the authority of the UN and the several other peace keeping bodies.  [6]   It is also pertinent to note that while in theory, the purpose of ethnic cleansing is to drive all members of the victimized group out of a territory. In practice, ethnic cleansing is nearly synonymous with genocide because mass murder is a common characteristic of both. Though, therefore, there is a thin line between the two crimes, it is the need of the hour to differentiate between the two crimes and do away with the pervasive ambiguities. analysis: genocide and its incidents: In order, to be able to differentiate between the concepts of genocide and ethnic cleansing it is first important to understand each of these concepts individually. Ergo, this part will basically focus on the definition of genocide as arrived at in several landmark judgments and also its main essentials, with the natural corollary of looking at the definition of ethnic cleansing. The term genocide was coined by Raphael Lemkin using the combination of the Greek word genos (race or tribe) and the Latin word cide (killing).  [7]  Article II of the Convention on the Prevention and Punishment of the Crime of Genocide, 1948 defines the term genocide to include killing, causing serious bodily or mental harm, amongst several other things  [8]  , which was accepted as being part and parcel of the customary international law or jus cogens in the case of Prosecutor v. Goran Jelisic.  [9]   The case of Advisory Opinon of the International Court of Justice (ICJ) in Reservations to the Convention on the Prevention and Punishment of the Crime of Genocide, defines genocide as follows: a crime under international law involving a denial of the right of existence of entire human groups, a denial which shocks the conscience of mankind and results in great losses to humanity, which is contrary to moral law and to the spirit and aims of the United Nations.  [10]   Genocide without exceptions made is considered to the most despicable crime when it comes to crimes against humanity, which is why Courts are reluctant in arriving at a conclusion which affirms the existence of genocide. It essentially requires two components for the said crime to take the form of genocide, viz. Actus Reus and Mens Rea. These go hand in hand wherein if any of the acts mentioned above have been committed with the necessary specific intent (dolus specialis).  [11]   In the Jelisic  [12]  case it was held that the special nature of this intent supposes the discriminatory nature of the act wherein a group is targeted discriminatorily as such and in this context genocide is closely related to the crime against humanity.  [13]  The Court again found the existence of this specific intent in the case of Akeysu  [14]  wherein the Trial Chamber I held that the rape of Tutsi women in Rwanda in 1994 constituted the crime of genocide.  [15]  In the case of Bosnia-Herzegovina v. Yugoslavia it was held that genocide could be committed both at time of peace as well as of armed conflict.  [16]   Therefore, a perusal of the aforementioned cases clearly shows there is a need of specific intent in case of indictments for the crime of genocide.  [17]   Ethnic Cleansing and its incidents: The 1990s has had the most number of instances wherein the crime of ethnic cleansing has been recorded. This has been attributed by the UN to various political parties which indulge in the same by ruling various States. This power was clearly wielded by the Shiv Sena party in Maharashtra with their jingoistic tactics in expelling Non-Maharashtrians. Blacks Law Dictionary defines ethnic cleansing as: The officially sanctioned forcible and systematic diminution or elimination of targeted ethnic minorities from a geographic area by confiscating real and personal property, ordering or condoning mass murders and mass rapes and expelling the survivors. Few authors are of the opinion that the crime of ethnic cleansing is a 20th Century phenomenon while most others disagree.  [18]  A prototype of ethnic cleansing can be taken from the experience of the Jews during the Nazi Regime, where in order to create Lebensraum, or living space, Hitler, the dictator started an expansionist drive to create a pure Germany. The term ethnic cleansing, a literal translation of the Serbo-Croatian phrase etnicko ciscenje, has resulted in a lot of atrocities like mass killings as well as rape as a means of creating supremacy over the minorities.  [19]   In many of these campaigns, women were targeted for particularly brutal treatment-including systematic rape and enslavement-in part because they were viewed by perpetrators as the carriers, biologically and culturally, of the next generation of their nations. Because many men in victimized populations left their families and communities to join resistance groups once violence began, women and children were often defenseless.  [20]  Statistics shows that the Bosnia-Herzegovina war envisaged a shocking estimate of 20,000 women who endured sexual assaults in the form of either torture or rape. Serbian political and military leaders systematically planned and strategically executed this policy of ethnic cleansing or genocide with the support of the Serbian and Bosnian Serb armies and paramilitary groups to create a Greater Serbia: a religiously, culturally, and linguistically homogenous Serbian nation.5  [21]  The promulgation of the concept of ethnic cleansing and the practices it represents are a grim, contemporary reminder of the global nature of interethnic and interracial inequality and strife.  [22]   The following passage taken from an article is proof of the mass destruction and depraved justice that took place during the Bosnia-Herzegovina War: More than two million people-almost half the population- are still dispossessed of their homes. Some 600,000 of these are refugees abroad who have not yet found durable solutions, many of whom face the prospect of compulsory return into displacement within Bosnia and Herzegovina in the near future. Another 800,000 have been internally displaced to areas in the control of their own ethnic group, living in multiple occupancy situations, in collective centres or in property vacated by the displacement of others, often in situations of acute humanitarian concern. The fundamental issue for the future of the post-war society of Bosnia and Herzegovina is whether these people can or will return to their homes.  [23]   A case study shows that the challenges of post 1980 former Yugoslavia were exacerbated by the countrys demographic and socio-cultural make-up, comprising several ethnonationalities with different religions, mentalities, histories and levels of development. In the Federal Republic of Yugoslavia, Croatia, and Bosnia and Herzegovina the authoritarian regimes and their leaders were the main sources of human rights violations. Nationalism and hatred of other peoples and religions were probably the reasons for the brutal break up of the former Yugoslavia. Ethnonationalism was, and has largely remained, widely and deeply entrenched among the constituent groups.  [24]   Various authorities indicate that the notion of ethnic cleansing takes place when there is a deportation of mass population on the basis of their ethnic differences in order to create a homogenous ethnic State. While a crime like genocide inevitably results in imposing criminal liability, it has been stated by several authors that since the term ethnic cleansing does not appear in any of the laws the same is not punishable as long as genocide, rape or other crimes against humanity have not been used, which have been banned by several legal instrument.  [25]   This argument however is to be rendered untenable  [26]  as though, ethnic cleansing per se doesnt feature under the Rome Statute of the International Criminal Court, it can be included under crimes against humanity under Article 7 which speaks of Deportation or forcible transfer of population  [27]  equivalent to ethnic cleansing. Moreover, a perusal of the Statute of the International Tribunal for the Former Yugoslavia under Article 4  [28]  also makes the crime of ethnic cleansing punishable. The Trial Chamber  [29]  in a particular case was satisfied beyond reasonable doubt that the crimes that were committed in the Bosnian Krajina from April 1992 until the end of December 1992, the period relevant to the Indictment, occurred as a direct result of the over-arching Strategic Plan. The ethnic cleansing was not a by-product of the criminal activity; it was its very aim and thus an integral part of the Strategic Plan.  [30]   Therefore, a perusal of the aforementioned authorities helps one understand essentially the concept of ethnic cleansing and the essentials thereof. differences between the two: Andrew Bell-Fialkoff in his book, has remarked thatà ¢Ã¢â€š ¬Ã‚ ¦ the crime of ethnic cleansing defies easy definition. At one end it is virtually indistinguishable from forced emigration and population exchange while at the other it merges with deportation and genocide. At the most general level, however, ethnic cleansing can be understood as the expulsion of a population from a given territory.  [31]   Different authors have different opinions regarding the differences between these two, while some state such a difference exists only in theory while other claim it to exist practically as well. From a perusal of the above, genocide and ethnic cleansing can be differentiated in three ways: (1) Need of intent: Genocide could be a means to commit ethnic cleansing, but the purpose of such a crime then would not be murder but would be otherwise. Furthermore, in contrast to genocide, there is no need for special intent under the crime of ethnic cleansing, making it easier for parties to establish a crime of ethnic cleansing in comparison to a charge of genocide leveled against a particular party to the dispute.  [32]  It has been found under various texts that the requirement of specific intent is not found under ethnic cleansing, making it easier to prove before the International Courts in comparison to the crime of genocide.  [33]   (2) The purpose: The purpose under genocide is the physical destruction of an ethnical, racial or a religious group, while that of ethnic cleansing is the founding of ethnically homogeneous lands. The means used for the latter could also be genocide.  [34]   (3) Ends achieved: While genocide results in physical destruction of a particular minority groups, ethnic cleansing results in the flight of a community not necessarily mass killing.  [35]   As found in the previously, it may not always be feasible to point out differences between the two. In fact, this clear cut distinction has been reduced by various subsequent measures taken by the authoritative bodies. In 1992 concerning the hostilities in Yugoslavia, the UN General Assembly  [36]  clearly stated that ethnic cleansing is a form of genocide.  [37]   To worsen the situation, in the case of Prosecutor v. Krstic,  [38]  , the Trial Chamber of the International Criminal Tribunal for the Former Yugoslavia (ICTY), expressly diverging from the wider interpretation of the notion of intent to destroy by the United Nations made a difference between ethnic cleansing and genocide. an enterprise attacking only the cultural or sociological characteristics of a human group in order to annihilate these elements which give to that group its own identity distinct from the rest of the community would not fall under the definition of genocide. Similarly, in the case of Bosnia and Herzegovina v. Serbia and Montenegro (Case concerning the application of the Convention on the Prevention and Punishment of the Crime of Genocide) the International Court of Justice  [39]  have also upheld the above judgment based on the same reasoning.  [40]  Various scholars also have given views similar to that found in the above cases wherein a distinction has been made between the two offences.  [41]   Therefore, there remains doubt in this unchattered territory, but courts generally refrain from holding a state or an official responsible for the offence of genocide in comparison to that of ethnic cleansing. Conclusion: From an analysis of the above judgments, we find that there exists a very thin line between the concepts of genocide and that of ethnic cleansing. There is a need to attain consistency with regard to the various opinions on the same, consistency being an essential or cannon of any law. The basic bone of contention is in fact this lack of uniformity in interpreting the law by the courts. That apart, a need is felt that stricter international norms be laid down in order to ensure that a crime like ethnic cleansing taking the form of international crimes like rape, genocide does not take place at the ferocity that it has been since the 1990s.  [42]   It should be realized by the UN and various other monitoring bodies that it is imperative that a clear cut distinction be made between the two, agreed, a strait-jacket formula cannot be applied, but it should lay down certain parameters for determining when ethnic cleansing takes place. As of now, the definition of the said terms remains uncertain in international law. States should realize that even the magna carta Universal Declaration of Human Rights  [43]  ordains equality on each and every human being, which would immediately render the offence of ethnic cleansing purposeless.  [44]   It is to be necessarily understood that, As long as the criminals are divided into ours and theirs; as long as ethnic discrimination is not replaced with moral and professional criteria; as long as already initiated democratic processes do not take roots; there will be little chance of reconciliation, economic development and respect for the human rights and freedoms.  [45]   Therefore, an attempt has been made by virtue of this project to understand the basic differences between these two types of crimes which are basically instigated against other human beings and the same conclusion has been arrived at with the help of leadings judgments and opinions of various authors on the same. Ethnic cleansing results in the division of a particular country into several fragments, there more the disputes the more these fragments will break and finally there shall be nothing for one to offer. This has been aptly illustrated in the following paragraph: In Germany they first came for the communists; and I didnt speak up because I wasnt a communist. Then they came for the Jews; and I didnt speak up because I wasnt a Jew. Then they came for the trade unionists; and I didnt speak up because I wasnt a trade unionist. Then they came for the Catholics; and I didnt speak up because I wasnt a Catholic. Then they came for me and by that time there was nobody left to speak up. Martin Niemoller

The Development Of Technology In Travel Industry Tourism Essay

The Development Of Technology In Travel Industry Tourism Essay According to unknown, 2012 in the hospitality industry, it is absolutely vital that companies stay on top of consumer demand in an attempt to maintain their competitive advantage. In the current technologically driven business industry, it has become increasingly important for businesses to utilize every bit of information and data collected from current and potential customers when examining ways of remaining competitive in the hospitality industry. Pertaining to (William et` al, 1999) delivering quality service in the hospitality industry can be a major challenge facing hospitality managers in the opening years of the next millennium. It will be an essential condition for success in the emerging, keenly competitive, global hospitality markets. While the future importance of delivering quality hospitality service is easy to discern and to agree on, doing so presents some difficult and intriguing management issues. Since the delivery of hospitality service always involves people, these issues center on the management of people, and in particular on the interactions between guests and staff, interactions that are called service encounters. In the eyes of our guests, our hospitality businesses will succeed or fail depending on the cumulative impact of the service encounters in which they have participated. Hospitality industry would include hotels, restaurant and other related tourism organizations. This means that the tourists have to encounter with staffs, therefore the industries have to have good customer representative that can communicate with their guest and help them resolve their issues. There are three elements in the hospitality which motels. Includes restaurant that provide beverages and food entertainment by the theatre and accommodation provide by the industrial service. In the service delivery in the hospitality industry and service delivery in other businesses there are little are no differences because they both have good customer service which is very important in both industries, they both provide quality service to increase their revenue and to ensure that they satisfy their customer needs and want in the industry. The significant impact on the development of technology in travel and tourism industry Technology in travel and tourism industry in today world control and deliver swiftness and power your need to achieve your business ambitions. It is also delivers effective solution to meet their customers precise business needs increasing profit and work rate improving customer relation and decreasing cost. However you can depend on technology with the travel and tourism industry to improve the communication process. When communicating with technology you save time and money wisely and disengage from computer frequently to communication in person and help people to keep in touch with co-workers and traders in need of information. therefore technology in the industry improve the communication process, poorly design are in appropriately use technology can inner communication with workers more than it helps and it can be used in the industry to find explore analysis to exchange and present information responsively without discrimination, it also increase internationally and has speed u p the process of globalization. According to Rosendo (cuyasen, 2012), New Technology and media has changed the way of tourism. Travelers turn to the internet to research on potential destinations and do bookings online. They even include sharing their experiences of the trips they go to. The executive director of Ctrip.com said that consumers know more about the industry and travel businesses cannot make money from the information gap anymore. The past ten years has empowered consumers greatly. A great majority of travelers do their search online for bookings, travel guides and visas. According to John Liu, the executive vice-president and head of Greater China at Google, 85% of travelers do their research on the net and the average traveler does 55 online searches before a booking. Comparing and looking for information is very easy now and all kinds of information are available on the internet. Pertaining to Keith Evans, (Evans, 1999-2012) with the explosion of technological advancements in the mid and late 20th century, tourists discovered increasing access to a growing array of destinations. From promoting destinations and attracting traveler attention to enabling instant reservations and payment collection, communication technology continues to exhibit a significant impact on the tourism industry and travel in general. Communication technology plays a considerable role in travel and tourism, as much of modern tourism revolves around the ability of tourist destinations to communicate their benefits to potential visitors and the ability of those visitors to reach out to points of interest at the destination. Advantages and disadvantages of technology in the travel and tourism industry According to leelingz, (leelingz, 2011) nowadays, technology has advanced in tremendous leaps and bounds. We cannot imagine the world without technological advances such as computer, televisions, and machines and so on. However there are some advantages and disadvantages of technology. First of all, technologies play a very important role in society because it makes life easier to live on and less time consuming. Technology has the ability to create shortcuts in working. People do not have to do all the hard labor anymore. People use technology to plan their trip which makes it more convenient and easy. They can research destination to their own pace, shop around for the best fares and hotel deals, and make reservations right from your computer. On the contrary, technology also brings harm to our society. The booming of industrialization and development causes pollutions to our world. For example, the smoke from the vehicles and machines affects the quality of air and destroy the ozo ne layer. In addition, technologies also create financial problems in families because most of the technologies are expensive like computers. People that cannot afford to buy this kind of technology will live in a stressful life. On my views the important of technology in the travel and tourism industry is to get information through research, help to increase the organization revenue, to get information across to their customers and other related organizations, delivers great speed, reach audience that is physically separated from the sender and increase access ability and openness in an organization and bad part about technology is that it can create tension and conflict, easy to be over used, often lack privacy and can seriously drain employment productivity. But in my case without technology the industry could not keep up their infrastructure to keep attracting the visitor and keep the place in order. Community base tourism According to (oikos, 2009) Community based tourism is tourism in which local residents (often rural, poor and economically marginalized) invite tourists to visit their communities with the provision of overnight accommodation. Community based tourism enables tourists to discover local habitats and wildlife, and celebrates and Respects traditional cultures, rituals and wisdom. The community will be aware of the commercial and social value placed on their natural and cultural heritage through tourism, and this will foster community based conservation of these resources. Community-based tourism affords travelers with rare opportunities to experience local communities first hand. Its distinctive in that it provides an alternative to development thats not sustainable, giving rural and poor communities an additional source of income. In supporting community-based tourism, you can immerse yourself in the day-to-day lives of local and indigenous people while helping them to preserve their environment and cultural heritage. The residents earn income as land managers, entrepreneurs, service and produce providers, and employees. At least part of the tourist income is set aside for projects which provide benefits to the community as a whole. Tourists will spend time near areas that are rich in culture and biodiversity, and, at the same time, will get to know the locals at the grassroots level. Many successful experiences in development countries prove that tourism can become a leading sector for the people who conserve natural resources and live on it. Local people of these countries jointly cooperate in Community Based Tourism and this gives not only economic benefits for them but also becomes an example of community involved decision making. A community by definition implies individuals with some kind of collective responsibility, and the ability to make decisions by representative bodies. Localsà ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â‚¬Å¾Ã‚ ¢ participation, traditional culture, cross-cultural issues and raise of local income are basic principles of tourism and it is fundamental to get more in depth for development countries where tourism is dominantly operate by great foreign companies. Usually familiesà ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â‚¬Å¾Ã‚ ¢ interviews make obvious that locals are interested to take part in tourism activities but they donà ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â‚¬Å¾Ã‚ ¢t know how. Often the creation of Community Based Tourism is the best solution for local people or at least a great help for them for example in these countries where the main income is from livestock and the desertification, the spread of unproductive land deprived of vegetation, is one of the main concerns. Community Based Tourism is the jointly planned and managed tourism activities of local group: this new business never can be the main or only income source of the communities and cooperatives but can be additional income possibility. Issues like generating additional incomes for locals and reducing impacts on environment are included in the government policy about tourism, but there has been little implementation and no integrated policy at the national level. The pros and cons of community base tourism Base on the information of (mozer, 1995-2012)Advantage -depending upon implementation some of these can turn into disadvantages. Employment- (1 emp/1000 tourist) labor intensive, few administrative positions, little upward mobility. Infrastructure development -roads, water, electricity, telecom and cybercom, but not necessarily local priorities. Cultural preservation- economic incentives to preserve food, fashion, festivals and physical history, but these tend to be superficial elements of a culture. Environmental protection- econ incentives to preserve nature, wildlife and urban cleanliness. Foreign exchange .generates resources to import food, pharmaceuticals, technology, consumer goods. Development of health care services -those these arent always available to local people. Disadvantages -depending upon implementation some of these can turn into advantages. Cultural destruction-(modernization world mono-culture), freezes culture as performers, loss: language, religion, rituals, material culture. primary products- sun, sand, surf, safari, suds, ski, sex (little value added, neo-colonialism) Environmental destruction -game drives, resorts: golf, ski, beach, desert, world as playground, SUV. Marginal employment -low skill, low wage, menial services, prostitution, drug trade, gambling, hustlers. Low benefits -no job security, no health care, no organizing, and no work safety rules or environ standards. Development of illegal and/or destructive economic activities- markets for drugs, endangered species, etc. Outside hiring- skilled middle and senior management recruited out of the area and transferred in. Concentration employment -walled resort enclaves. seasonal employment Outside decision making-decisions made outside of the area, corporate dollars corrupt government. Unrealistic expectations-divert young people from school and brighter futures. anti-democratic collusion- industry support of repressive governments Land controlled by the elite -people relocated, agriculture eliminated, prohibited from N.P. negative lifestyles (STDs- substance abuse, begging, hustling diverted and concentrated development -airport, roads, water, electricity to tourist destinations, development not accessible to locals little forex stays in country -airplanes, vehicles, booze, hot air balloons, generally have foreign owners package programs Cruises -eat and sleep on board so the economic benefit to the ports-of-call is very thin and limited. Unstable market -fickle, affected by local and world events, generally highly elastic. Health tourism -traveling to get medical procedure at lower cost has its own set of unique challenges, which include: Determining the credential, skills and quality of the facility and personnel. Language communication challenges on topics requiring a lot of details, sometimes even when both parties seemingly speak the same language. Different cultural issues and expectations around health care and the body. Post-treatment complications, after the tourist has left the facility.