Wednesday, July 31, 2019
Green tea is an essential part of peopleÃ¢â¬â¢s everyday life around the world; it is tasty and healthy but is that all there is to it? Most people in Europe and Asia prefer green tea over other beverages as it is light and energizing. China, where tea came from, is the center of green culture; Chinese people have much higher life expectancy due to living healthy and drinking green tea. As many people know Ã¢â¬Å"the history of green tea began in ChinaÃ¢â¬ (Learn all about the History of Green Tea). Some sources claim that there are references to green tea as far as 5000 year ago. It can be true because many ancient Chinese artists portrayed wealthy people drinking tea (Painting). Also tea in ancient China was a treat for the wealthy so it couldÃ¢â¬â¢ve taken some time to develop. There are two legends about where tea came from circulating the world. First one says Ã¢â¬Å"an old man accidently stepped on a fallen tea leaf and tasted its juices, he thought it tasted great and had some special propertiesÃ¢â¬ (Learn all about the History of Green Tea). Second one tells that an Ã¢â¬Å"Emperor Shen Nung discovered tea when a blossom fell in his cupÃ¢â¬ (Learn all about the History of Green Tea). With time tea became more than just a drink but a part of the Chinese culture. Drinking tea wasnÃ¢â¬â¢t just about the tea, a whole new Ã¢â¬Å"tea artÃ¢â¬ was developed. Ã¢â¬Å"Tea and tea wares should match surrounding elements such as breeze, pines, bamboo, plums and snow. All there show harmony of human and natureÃ¢â¬ (Tea Culture). It is easy to understand why tea is so important once you come across a tea ceremony or read one if the many books about it. In the painting you can see that wealthy people were drinking tea and the peasants were making it. The reason why only people of high class could afford tea is because the ceremony was a very complex practice which required pricy equipment and skilled laborers. A proper tea ceremony requires extensive training and spiritual discipline. Over time many people realized that pure green tea is a great far oxidizer, even too great, drinking pure green tea dangerously burned fat away, Chinese had to find a solution. Ã¢â¬Å"They switched to oolong tea which contained less fat oxidizing agentsÃ¢â¬ (Learn all about the History of Green Tea). Oolong tea was the reasonable solution and now it is the most popular tea in China. All around the world tea is tea but that same tea carries different meaning in each part of the world. For example Ã¢â¬Å"in Japan, the rigorous tea ceremony reflects the nationÃ¢â¬â¢s character; in the West tea is made with milk and sugar to create romantic atmosphere and in every different part of China different people all have appeal to their own kind of tea which makes them uniqueÃ¢â¬ (Tea Culture). Now we can rule out that people love tea but why? Tea is a worldwide beverage whether itÃ¢â¬â¢s green or black, hot or cold, itÃ¢â¬â¢s healthy and thirst quenching drink that people around the world consume in numerous amounts to refuel their Becky). Many people replace coffee with tea to avoid crashes and coffee addiction. Antioxidants and flavonoids found only in green tea has shown that tea is very effective in improving mental alertness, reducing cholesterol levels and preventing low blood pressure. To get the full benefit from green tea you have to make your own tea at home, bottled tea isnÃ¢â¬â¢t natural and does not come with all the nutrients. As you can see green tea is very good for your body but as with every beverage there are some minor side effects. Green tea contains caffeine, which in excess can cause restlessness, irritability and sleeping problems (Green Tea Side Effects Warnings). It is safe to drink no more than 5 cups of tea a day; furthermore, one should not drink it during mealtime because green tea can reduce absorption of iron and folic acid. With that said, green tea is a healthy drink that came from ancient China. It does have some bad things to it but the benefits shadows them. History of green tea continues on even now, being number two most popular drink after crystal clear water, even more popular than Coca Cola and beer. Works Cited Ancient Chinese drinking tea. Sldinter. 18 Jan 2013. http://sldinter.com/upload_news/tea%20hist.jpg. Ã¢â¬Å"Green Tea Side Effects Warnings!Ã¢â¬ Amazing-green-tea. 20 Jan 2013. http://www.amazing-green-tea.com/green-tea-side-effects.html. Hand, Becky. Ã¢â¬Å"The Truth About Green Tea.Ã¢â¬ Sparkpeople. 20 Jan 2013. http://www.sparkpeople.com/resource/nutrition_articles.asp?id=107. Ã¢â¬Å"Learn all about the History of Green TeaÃ¢â¬ Green-teas-guide. 20 Jan 2013. http://www.green-teas-guide.com/history-of-green-tea.html. Ã¢â¬Å"Tea Culture.Ã¢â¬ . Travel china guide. 20 Jan 2013 http://www.travelchinaguide.com/intro/cuisine_drink/tea/culture.htm.
Tuesday, July 30, 2019
Through the onset of industrialization, countries all over the world had experienced remarkable changes in its society. Sophisticated technologies, gadgets and facilities had been made available to man. These inventions, which are results of manÃ¢â¬â¢s work, pave the way to the societyÃ¢â¬â¢s advancements. One of the most remarkable artifacts that the new milieu brought into picture is the internet.The advent of the internet came into vision Ã¢â¬Å"when people in the early 1960s saw great potential value in allowing computers to share information on research and development in scientific and military fieldsÃ¢â¬ (Brief History of the Internet). J. C. R. Licklider was said to be the pioneering person of the internet. In 1962, he proposed a global network of computers and work to develop it (Brief History of the Internet). The initial efforts of Licklider had inspired other people to participate in designing and bringing internet into a complete picture.The theory of pocket switc hing developed by Leonard Kleinrock Ã¢â¬Ëforms the basis of internet connections. Ã¢â¬â¢ In the year 1969, ARPANET (initial name given to internet) was brought on line. It was first used to connect four Universities in the United States to provide a channel for research communication and exchange. Early times of internet use and connection were very complex. Furthermore, the used of the internet was only limited to education, government and research use.Commercial used of the internet was then prohibited. This prohibition was put to an end when the Ã¢â¬Ëdot-com boomÃ¢â¬â¢ in the second half of 1990Ã¢â¬â¢s hit the stock market and media (Gozzi Jr. 470). Investments for the commercialization of the internet were in demand during these years. It was also during these times when Microsoft had its Ã¢â¬Ëfull scale entry into browser, server and Internet Service Provider market completed the shift t a commercially based InternetÃ¢â¬â¢ (A Brief History of the Internet).As seen today, the internet industry or the Ã¢â¬Ëdot-comÃ¢â¬â¢ economy is continuously growing and taking an advance step everyday. The definition as well as the description of the internet was finalized and passed as a resolution on October 24, 1995. The following statement provides the definition and description of the internet: RESOLUTION: The Federal Networking Council (FNC) agrees that the following language reflects our definition of the term Ã¢â¬Å"InternetÃ¢â¬ .Ã¢â¬Å"InternetÃ¢â¬ refers to the global information system that Ã¢â¬â (i) is logically linked together by a globally unique address space based on the Internet Protocol (IP) or its subsequent extensions/follow-ons; (ii) is able to support communications using the Transmission Control Protocol/Internet Protocol (TCP/IP) suite or its subsequent extensions/follow-ons, and/or other IP-compatible protocols; and (iii) provides, uses or makes accessible, either publicly or privately, high level services layered on the communications and related infrastructure described herein (Leiner et al n. p).This technology grants mechanism to people throughout the globe to process and relay information without regard for geographic location. It has been a channel for communication, business, community operations and education. It opened the possibilities of on line learning and business negotiation and made the life of individuals to be modern and sophisticated. Through the onset of this technology, advancement in the society and manÃ¢â¬â¢s culture also took place. The benefits that this technology bring is said to be limitless and essential. However, at present times, people seem to abuse the used of the internet.Such abuse initiated the negative implications and harm of the said artifact to the society as a whole. The community had too much relied on the features of the internet. In an article written by Greenblatt, he argued that the rise of the internet had negatively affected traditional television (1 49). It is feared that the internet would eventually kill television as it does in the music industry and in the print media. Competition between traditional television and the internet arises. It was noted in the article of Greenblatt that people spend less time in viewing the television than they do in the net.Through on line streaming, watching sports, concert of artists, etc is now possible. It is showed that the traditional way of watching (i. e. with the use of television) had been altered due to internet boom. While it can be said that the presence of internet provides the benefit for individuals to watch programs in their most convenient time, it is still unfair because other industries suffer. Too much dependence of the public to the internet had brought the problem of unfair competition. PeopleÃ¢â¬â¢s way of socializing was also altered through the used of the internet.The usual way of meeting and knowing a particular person had been changed. Most people use the internet to meet and socialize with new people. This has been made possible through the used of chat rooms as well as other internet sites like friendster. The value of having friends is not the main question being posed. The threat for such sites and chat rooms is the opportunity for on line prostitution and other crimes to take place (Clemmitt 450). The internet had (in no doubt) expanded prostitution, bringing it available not only on the area where a certain prostitute lives but also in nearby cities or town.The invention of the internet has also given rise to a new kind of addiction, which is online porn addiction where Ã¢â¬Ëthere's no doubt that some people's porn consumption gets them in trouble Ã¢â¬â in the form of maxed-out credit cards, lost sleep, neglected responsibilities, or neglected loved onesÃ¢â¬â¢ (Martin F. Downs). Violent acts of children are also partly blamed on the internet. On line games which most children and youngsters play depict violence which eventually changes their psychological behavior.The increase in violent acts of these youngsters eventually contributes to an increase in crime. Early exposure of these youngsters to act of violence and other adult materials can bring unfavorable effect to their perception about the reality. Addiction to these on line games had also reduced their time for physical activities therefore bringing the problem of obesity. Ã¢â¬ËDr Robinson from the British Nutrition foundation said 40% of boys and 60% of girls were found to spend less than the recommended one hour per day in physical activityÃ¢â¬â¢ (BBC News).The most controversial and frightening contribution of the internet is the opportunity that it provides for act of terrorism. Terrorist are availing the opportunity to connect with the internet and used this artifact as a propaganda tool (Anderson 25). Since every machine that is connected to the internet is potentially a broad casting station, a printing press or a place of assembly, terro rists can now disseminate their information undiluted by the media and untouched by government censors. In the past, the al-Quaeda had benefited from the extensive use of the internet not until their network was intercepted.The following statement, which basically tackles on how terroristsÃ¢â¬â¢ actions were improved through the aid of the internet, was cited in AndersonÃ¢â¬â¢s work (2003). Ã¢â¬Å"Using the Internet for communication can increase speed of mobilization and allow more dialogue between members, which enhances the organizationÃ¢â¬â¢s flexibility, since tactics can be adjusted more frequently. Individuals with a common agenda and goals can form subgroups, meet at a target location, conduct terrorist operations, and then readily determine their relationships and re-disperseÃ¢â¬ (27).Documents accessed through internet connection also provided the Al-Queada to obtain details regarding the design lay out of the World Trade Center which contributed to the success of making their plans. The Al-Queada group had developed their action in using the internet as a tool for terrorism. It is alarming to think that future terrorists would follow the step taken by the mentioned group and may even develop more powerful and sophisticated programs that would aid in the threat of terrorism. The internet had initiated the risk of cyber terrorism.InternetÃ¢â¬â¢s role in shaping todayÃ¢â¬â¢s culture is indeed remarkable and at the same time threatening. Pioneers of this artifact may have the pure intention to bring the world in the state of modernization. However, it is sad to know that upon the onset of modernization comes the threat and harm that the internet posed. Overuse, misused and overdependence of people in this artifact will in no doubt bring several detrimental effects. As discussed from the examples above, actions of people as well as their cultural identity are negatively being altered by the mere presence of the internet.The internetÃ¢â¬â¢s original purpose of making information accessible, sharing this information in a fast pace and making long distance communication possible had been abusively used by some people therefore bringing a negative impact on the societyÃ¢â¬â¢s culture. Our world nowadays is continuously progressing and accompanying this progress is the innovation of new artifacts. Truly, these new artifacts had taken a vital role in shaping our societyÃ¢â¬â¢s culture as well as shaping the minds of people. These innovations would be more likely to be inevitable.Every new artifact is invented to somehow benefit and bring people a comfortable way of living, however, one should not overlook the harm that these new artifacts may bring. Every time that we take a step towards advancement comes the opportunity for societal and cultural change. These changes bring forth several issues and problems that are more likely to have negative outcomes. The internet has had its effects on society at present and it wil l have its effects in the future. The future of the internet is faced with the question on how management of change and evolution would be done.Let us not keep ourselves to be tongue tied and see how the negative outcomes abolish our cultural and societal identity. We should act on this matter. Work Cited Anderson, Alison. Ã¢â¬Å"Risk, Terrorism, and the Internet. Ã¢â¬ Knowledge, Technology & Policy 16 (2003): 24-33 BBC News, Ã¢â¬Å"Health Symptoms in Obese children. Ã¢â¬ 16 May 2008 . Ã¢â¬Å"Brief History of the Internet. Ã¢â¬ 28 May 2008 . Clemmitt, Marcia. Ã¢â¬Å"Prostitution debate. Ã¢â¬ CQ Researcher, May 23, 2008: CQ Researcher Online. Capella Lib. 29 May 2008 . Downs, Martin F. Ã¢â¬Å"Is pornography addictive. Ã¢â¬ 16 May 2008 . Greenblatt, Allan. Ã¢â¬Å"Television's future. Ã¢â¬ CQ Researcher, February 16, 2007: CQ Researcher Online. Capella Lib. 29 May 2008 . Leiner Barry M. , V. G. Cerf, D. D. Clark, R. E. Kahn, L. Kleinrock, D. C. Lynch, J. Postel, L. G. Roberts and S. Wolff. Ã¢â¬Å"Brief History of Internet. Ã¢â¬ 10 December 2003. Internet society. 28 May 2008 . Cultural Critique on the Internet Through the onset of industrialization, countries all over the world had experienced remarkable changes in its society. Sophisticated technologies, gadgets and facilities had been made available to man. These inventions, which are results of manÃ¢â¬â¢s work, pave the way to the societyÃ¢â¬â¢s advancements. One of the most remarkable artifacts that the new milieu brought into picture is the internet.The advent of the internet came into vision Ã¢â¬Å"when people in the early 1960s saw great potential value in allowing computers to share information on research and development in scientific and military fieldsÃ¢â¬ (Brief History of the Internet). J. C. R. Licklider was said to be the pioneering person of the internet. In 1962, he proposed a global network of computers and work to develop it (Brief History of the Internet). The initial efforts of Licklider had inspired other people to participate in designing and bringing internet into a complete picture.The theory of pocket switc hing developed by Leonard Kleinrock Ã¢â¬Ëforms the basis of internet connections. Ã¢â¬â¢ In the year 1969, ARPANET (initial name given to internet) was brought on line. It was first used to connect four Universities in the United States to provide a channel for research communication and exchange. Early times of internet use and connection were very complex. Furthermore, the used of the internet was only limited to education, government and research use.Commercial used of the internet was then prohibited. This prohibition was put to an end when the Ã¢â¬Ëdot-com boomÃ¢â¬â¢ in the second half of 1990Ã¢â¬â¢s hit the stock market and media (Gozzi Jr. 470). Investments for the commercialization of the internet were in demand during these years. It was also during these times when Microsoft had its Ã¢â¬Ëfull scale entry into browser, server and Internet Service Provider market completed the shift t a commercially based InternetÃ¢â¬â¢ (A Brief History of the Internet).As seen today, the internet industry or the Ã¢â¬Ëdot-comÃ¢â¬â¢ economy is continuously growing and taking an advance step everyday. The definition as well as the description of the internet was finalized and passed as a resolution on October 24, 1995. The following statement provides the definition and description of the internet: RESOLUTION: The Federal Networking Council (FNC) agrees that the following language reflects our definition of the term Ã¢â¬Å"InternetÃ¢â¬ .Ã¢â¬Å"InternetÃ¢â¬ refers to the global information system that Ã¢â¬â (i) is logically linked together by a globally unique address space based on the Internet Protocol (IP) or its subsequent extensions/follow-ons; (ii) is able to support communications using the Transmission Control Protocol/Internet Protocol (TCP/IP) suite or its subsequent extensions/follow-ons, and/or other IP-compatible protocols; and (iii) provides, uses or makes accessible, either publicly or privately, high level services layered on the communications and related infrastructure described herein (Leiner et al n.p). This technology grants mechanism to people throughout the globe to process and relay information without regard for geographic location. It has been a channel for communication, business, community operations and education. It opened the possibilities of on line learning and business negotiation and made the life of individuals to be modern and sophisticated. Through the onset of this technology, advancement in the society and manÃ¢â¬â¢s culture also took place. The benefits that this technology bring is said to be limitless and essential.However, at present times, people seem to abuse the used of the internet. Such abuse initiated the negative implications and harm of the said artifact to the society as a whole. The internet has also brought succor to the lives of many people in economically less developed countries that have a somewhat substandard educational system. This is by way of accessing the on line learning materials of world-class universities around the world. They are able to access up-to-date information on almost all subjects and upgrade their knowledge.The community had too much relied on the features of the internet. In an article written by Greenblatt, he argued that the rise of the internet had negatively affected traditional television (149). It is feared that the internet would eventually kill television as it does in the music industry and in the print media. Competition between traditional television and the internet arises. It was noted in the article of Greenblatt that people spend less time in viewing the television than they do in the net. Through on line streaming, watching sports, concert of artists, etc is now possible.It is showed that the traditional way of watching (i. e. with the use of television) had been altered due to internet boom. While it can be said that the presence of internet provides the benefit for individuals to watch programs in thei r most convenient time, it is still unfair because other industries suffer. Too much dependence of the public to the internet had brought the problem of unfair competition. PeopleÃ¢â¬â¢s way of socializing was also altered through the use of the internet. The usual way of meeting and knowing a particular person had been changed.Most people use the internet to meet and socialize with new people. This has been made possible through the use of chat rooms as well as other internet sites like friendster. The value of having friends is not the main question being posed. The threat for such sites and chat rooms is the opportunity for on line prostitution and other crimes to take place (Clemmitt 450). The internet had (in no doubt) expanded prostitution, bringing it available not only on the area where a certain prostitute lives but also in nearby cities or town.The invention of the internet has also given rise to a new kind of addiction, which is online porn addiction where Ã¢â¬Ëthere' s no doubt that some people's porn consumption gets them in trouble Ã¢â¬â in the form of maxed-out credit cards, lost sleep, neglected responsibilities, or neglected loved onesÃ¢â¬â¢ (Martin F. Downs). Violent acts of children are also partly blamed on the internet. On line games which most children and youngsters play depict violence which eventually changes their psychological behavior.The increase in violent acts of these youngsters eventually contributes to an increase in crime. Early exposure of these youngsters to act of violence and other adult materials can bring unfavorable effect to their perception about the reality. Addiction to these on line games had also reduced their time for physical activities therefore bringing the problem of obesity. Ã¢â¬ËDr Robinson from the British Nutrition foundation said 40% of boys and 60% of girls were found to spend less than the recommended one hour per day in physical activityÃ¢â¬â¢ (BBC News).Moreover, child pornography on the internet is one of the bad practices that the internet has been able to cultivate. Aside from children being used as prostitutes, other young children also visit pornographic sites. This does untold psychological damage to these children as they do not know what is right and what is not. They are sometimes compelled to practice what they have seen, thereby contributing to the increasing level of moral decadence. Also the danger of teenage pregnancy, sexually transmitted diseases and other forms of bad deeds has been blown out of proportion by exposure to the internet.The most controversial and frightening contribution of the internet is the opportunity that it provides for act of terrorism. Terrorist are availing the opportunity to connect with the internet and used this artifact as a propaganda tool (Anderson 25). Acts of terrorism can now be perpetuated now, easier than before with the use of the internet. The most benign way of this act is the production of malicious softwares i n the form of computer viruses, worms, Trojans and crawlers. This causes instability of these computer machines, to the detriment of the user.every machine that is connected to the internet is potentially a broad casting station, a printing press or a place of assembly, terrorists can now disseminate their information undiluted by the media and untouched by government censors. In the past, the al-Quaeda had benefited from the extensive use of the internet not until their network was intercepted. The following statement, which basically tackles on how terroristsÃ¢â¬â¢ actions were improved through the aid of the internet, was cited in AndersonÃ¢â¬â¢s work (2003).Ã¢â¬Å"Using the Internet for communication can increase speed of mobilization and allow more dialogue between members, which enhances the organizationÃ¢â¬â¢s flexibility, since tactics can be adjusted more frequently. Individuals with a common agenda and goals can form subgroups, meet at a target location, conduct terr orist operations, and then readily determine their relationships and re-disperseÃ¢â¬ (27). Documents accessed through internet connection also provided the Al-Queada to obtain details regarding the design lay out of the World Trade Center which contributed to the success of making their plans.The Al-Queada group had developed their action in using the internet as a tool for terrorism. It is alarming to think that future terrorists would follow the step taken by the mentioned group and may even develop more powerful and sophisticated programs that would aid in the threat of terrorism. The internet had initiated the risk of cyber terrorism. InternetÃ¢â¬â¢s role in shaping todayÃ¢â¬â¢s culture is indeed remarkable and at the same time threatening. Pioneers of the internet may have the pure intention to bring the world in the state of modernization.However, it is sad to know that upon the onset of modernization comes the threat and harm that the internet posed. Overuse, misuse an d overdependence of people in this technology will in no doubt bring several detrimental effects. As discussed from the examples above, actions of people as well as their cultural identity are negatively being altered by the mere presence of the internet. The world is increasingly been described as being Ã¢â¬ËwesternisedÃ¢â¬â¢ since everyone, especially the youth, are increasingly turning to the way of life of the Americans and Europeans.The internetÃ¢â¬â¢s original purpose of making information accessible, sharing this information in a fast pace and making long distance communication possible had been abusively used by some people therefore bringing a negative impact on the societyÃ¢â¬â¢s culture. Our world nowadays is continuously progressing and accompanying this progress is the innovation of new artifacts. Truly, these new artifacts had taken a vital role in shaping our societyÃ¢â¬â¢s culture as well as shaping the minds of people. These innovations would be more likel y to be inevitable.Every new artifact is invented to somehow benefit and bring people a comfortable way of living, however, one should not overlook the harm that these new artifacts may bring. Every time that we take a step towards advancement comes the opportunity for societal and cultural change. These changes bring forth several issues and problems that are more likely to have negative outcomes. The internet has had its effects on society at present and it will have its effects in the future. The future of the internet is faced with the question on how management of change and evolution would be done.The internet has got the potential of turning the world to a single-culture, single language world. This would have far reaching effects as it would eliminate the numerous world cultures that have been built since the beginning of time. All the ancient civilizations are still visible today because they have been preserved in one way or the other. Because of this, people travel to the se locations as tourists. In this way, the memories are kept alive. The rate the internet craze is going, this trend is likely to be reversed since people can see these locations on the screens of their computers.Let us not keep ourselves to be tongue tied and see how the negative outcomes abolish our cultural and societal identity. We should act on this matter. Action, they say, is louder than voice. Work Cited Anderson, Alison. Ã¢â¬Å"Risk, Terrorism, and the Internet. Ã¢â¬ Knowledge, Technology & Policy 16 (2003): 24-33 BBC News, Ã¢â¬Å"Health Symptoms in Obese children. Ã¢â¬ 16 May 2008 . Ã¢â¬Å"Brief History of the Internet. Ã¢â¬ 28 May 2008 . Clemmitt, Marcia. Ã¢â¬Å"Prostitution debate. Ã¢â¬ CQ Researcher, May 23, 2008: CQ Researcher Online. Capella Lib.29 May 2008 . Downs, Martin F. Ã¢â¬Å"Is pornography addictive. Ã¢â¬ 16 May 2008 . Greenblatt, Allan. Ã¢â¬Å"Television's future. Ã¢â¬ CQ Researcher, February 16, 2007: CQ Researcher Online. Capella Lib. 29 M ay 2008 . Leiner Barry M. , V. G. Cerf, D. D. Clark, R. E. Kahn, L. Kleinrock, D. C. Lynch, J. Postel, L. G. Roberts and S. Wolff. Ã¢â¬Å"Brief History of Internet. Ã¢â¬ 10 December 2003. Internet society. 28 May 2008 .
Monday, July 29, 2019
Public good provision, punishment, cooperation, and defection - Essay Example Along with it, in case of public good consumption, no one has the right to exclude some other individual from consuming the good. In practice, it would be difficult to find out such goods which are non-rivaled as well as non-excluded in an absolute term. However, economists generally think that although absolute non-rivaled and non-excluded goods are non-existent, there exist some goods which have the feature that approximate the concept of public goods. The paper addresses both the problems and necessity of public goods, generation of negative emotions owing to free riders and the necessity of punishments. In case of understanding the problem relating to the public good provisioning, it is necessary to build up clear understanding regarding public good. Some examples can be used here to understand the features of public goods and why it efficient provisioning seems to be so problematic. For the purpose of easy understanding let us consider the case where a person is drinking one glass of milk. Once he finishes his drinking there will remain no milk in the glass for the other person to consume. Therefore, any other person is getting excluded from consumption of the milk in the glass. Therefore, this one glass of milk is a rivaled and excluded good. In contrast, let us assume the case of breathing air. It is a well known fact that breathing air can not be reduced significantly by the consumption of it by some person. Therefore other persons can easily get access to this breathing air, and non one can be excluded from breathing. So, breathing air can be regarded as non-rivaled and non-excluded good. But there is no such problem in the provision of breathing air since it is a natural resources. No cost goes into its production. These are known as free goods. But thing is not same for all the non-rivaled and non-exclude goods. All public goods are not free goods. For a large set of public goods, huge
Sunday, July 28, 2019
The Threat of Urban Cities of Policing - Essay Example The cities become bigger around the Anthropocene, as the world population engages in the biggest ever urban migration. The geological timescale, however, illustrate that the cities are most probably temporary, just like any other human constructs. Majority of the cities will not withstand the disastrous humanity effect, which is combined with the natural upheavals (Michael 401). Historically, the urban environments were developed within fertile river valleys, and strategically at the river mouths. The rich agricultural sediments, nutrients and moisture available in coastal deltas greatly enhanced the food production. The favorable maritime environment and also effective river connections supported the trade and transportation activities. Thus, people found this environment very ideal to reside in. Further increase in the population led to the tapping and the diversion of the rivers for the purposes of irrigation, canal transportation and also industry applications. The rivers were also trapped for usage as reservoirs and dam, with the aim of energy generation and also water storage. But the diversion of the rivers leads to negative environmental consequences such as droughts. The sediments are not moving downstream in appropriate quantities because of river diversion and also tapping. The sediments are also inadequate to maintain the deltas that are require d for erosion control at the ocean shores (Albert 78). Rapid industrialization during the last century enhanced these processes. This is the reason why presently, several urban centers experience threats of the storm surges, and thus a lot of the economically significant areas on the planet are likely to be lost. Major world cities like New York and Bangkok have been adversely affected by the flood conditions. The other cities that are at risk from flood disasters are; Mumbai, Shanghai, Miami, New Orleans, Calcutta and Alexandria. Approximately three billion individuals
Saturday, July 27, 2019
Theories Of International Relations Assignment Example | Topics and Well Written Essays - 1250 words
Theories Of International Relations - Assignment Example The theory says that all states are equal, and no state can purport to direct the affairs of another country (Slaughter, pp 2-7). Due to this independence from each other, the states are never interested in the happenings of another state. This theory can be seen as a classic case of self-preservation by the individual states. Therefore, one state can never subordinate its needs or interest, or jeopardize its interest be they economic or political in favor of another state's interest. Each state will, therefore, do all it can to put itself in a position where it can protect itself from extinction. The theory further shows that there is little trust between and among states to assist each other in the event of a crisis (Walts, P.27). Constructivism is a theory that is based on interest and objects of states in the world. Unlike neorealism of s. Constructivism to of is by of in of theirs. It is not; therefore, a case of utilitarianism but one for shared goals. The theory explains that there are many reasons why states will cooperate with each other. For instance where the security country in jeopardy the other countries likely assist in that state and evidence that and the supporting states acting self-preservation (Behrahesh, para 5-7). Ministry of defense (2014) show that as the times change, there will be more insecurity will as a result of state attaching a lot of importance to the ideologies on the two issues. The states will tend to be more independent and therefore engage in detrimental activities. The states will tend to be more defensive, and the role of the UN will be peripheral as states attempt to safeguard their position. This would be a manifestation of neorealism where each state formulates its ideologies regardless of the effect it may have on the states (Ministry of defense, 2014 pp, 16).Ã Ã
Egan's Justification for Recommending Health and Safety Improvements in Construction Industry - Research Paper Example This clearly shows that the service provided in this sector is poor. Improvements in the health and safety construction sector, guarantee clients the best services, and it is obvious that the profit made will be up the scale. Egan argued that for the health, and safety construction sector to achieve its full potential, there was need for only people who are qualified to be employed. If the new employees are not qualified, they should be trained. Egan came up with the idea of hiring more employees; there was the need for 370,000 new employees to be hired by the health and safety sector and each of the new employees was to be trained (Chinyio & Olomolaiye, 2010: 155). He also proposed for institutions to have a guide to assist employees and a code of ethical working practice for contractors, trade unions and clients. The employees need to be aware of whom they are dealing with; this helps them follow the right channel in case of an emergency. Main elements of EganÃ¢â¬â¢s proposals to achieve this improvement Pioneering projects are the ventures laid down by an establishment to improve the performance of the establishment. This can be internal contests laid down to motivate the performance of every employee. The establishment could come up with remuneration on the employee of the year award. This will guarantee quality services from the employees, because the employees will be contending for the coveted price. On the subject of profit gained in the sector, by improving the working environment of the employees, they certainly perk up how they offer services to clients. This boosts the amount of profit earned, because when clients get the best in terms of service they will definitely spread the word to the people around them; this also applies in poor service. The real concern that needs to be taken into deliberation is the issue of health and safety sector for the employees (Booth, 2012: 64). When the employeesÃ¢â¬â¢ health and safety is taken into account, eve rything else falls in place. When an establishment leases more employees, each employee feels the significance of his or her input in the company. Due to getting only qualified staff the best service is guaranteed for clients. This also applies in the argument of coming up with trade unions, these unions brace the relationship between the establishments and the clients. The employees need to know their input in an industry, and the clients should also be aware of the output of an industry they have an alliance with, trade unions help in achieving this goal. When all these issues are taken into consideration, the intended profit will be able to assist the industry develop other sectors. The health section should also focus on making the employees feel the urge to work. This can be done by introducing leisure activities, that will help them relax. The main principles of BREEAM system, and how the system operates in practice BREEAM system was formed to ensure environmental quality cons truction through accessible, un-hostile and unprejudiced measure of ecological impacts. The BREEAM system creates the possibility of covering all construction areas (Senaratne and Sexton, 2011: 209). This is because the system does not focus on the specified areas only, it weighÃ¢â¬â¢s its focus on all the areas that need to be developed, and works to achieve this target. BREEAM aims to use qualified measures to determine environmental qu
Friday, July 26, 2019
Healthcare Workers and Patient Expectations of Death - Essay Example Focus is on information gathered from a chaplain of the Sisters of Charity Hospice for the elderly and terminally ill. Interview with the Chaplain Fr. R.J. is a 30 year-old Roman Catholic priest, on study leave abroad from his chaplaincy with the Sisters of Charity Hospice for the Aged in Manila, Philippines. He explained that the Hospice was set up in the 1980s, and it provides healthcare services for sick and dying elders. The Sisters of Charity can be traced to the charismatic Mother Teresa of India, who spread her Christian humanitarian mission in peasant countries of the world. Asked about his perceptions of the work of the Sisters of Charity in Manila, Fr. R.J. said they provide medical and humanitarian care to elders who have been abandoned by their poverty-stricken families. As to his knowledge about the expectations of death among the patients, Fr. R.J. stressed his spiritual role in hearing confessions and counselling. He added to say that foremost among the apprehensions o f the elders were their fear of the unknown in passing awayfrom life, feeling of loss and isolation from their family, and the final pain of dying added to the continuing pain caused by terminal ailment.
Thursday, July 25, 2019
The Impact of the US Economy on the Events Industry - Research Paper Example To the customer or guest, as special event is an opportunity for a leisure, social or cultural experience outside the The definition was corroborated by Getz who traced the evolution of the events planning and management as a profession and disclosed that Ã¢â¬Å"events are an important motivator of tourism, and figure prominently in the development and marketing plans of most destinationsÃ¢â¬ (Getz 403).With more organizations pursuing endeavors that focus on a variety of events, it was, therefore, imminent that a categorization of events naturally occurred. From among the events categorization that emerged, the following were noted: local, major, hallmark and mega events (Skoultos and Tsimitakis); and the typology of planned events as presented by Getz who differentiated cultural celebrations, political and state events, arts and entertainment, business and trade, educational and scientific, sport competition and recreational events, and finally, private events (Getz 404). At this point, the definition of events tourism has been clearly established as Ã¢â¬Å"a systematic planning, development, and marketing of festivals and special events as tourist attractions, image-makers, catalysts for infrastructure and economic growth, and animators of built attractionÃ¢â¬ (Ghazali, Collins and Minnis qtd. in Skoultos and Tsimitakis 2). In different studies, it was clearly established that holding significant events generate marked impacts on the promoter of events, as well as in the location within which these events were organized and implemented. From a more traditional perspective, it was deduced that event tourism aims to spur economic growth and gain profound benefits in terms of money generated from the event (Ã¢â¬Å"expenditure on travel, entertainment, shopping, and pre- and post-conference toursÃ¢â¬ (Ã¢â¬Å"Labour Market Review of the Events IndustryÃ¢â¬ 29)). Getz, on the other
Wednesday, July 24, 2019
Theories of White Collar Crime - Essay Example Objectives of white-collar crime are considered as financial gain and organizational success. White-collar crime is committed by persons in high social positions who do so as part of their jobs. They do not involve violence and mostly are money related, and this may include embezzlement, business fraud, and bribery. The theory of conflict theory looks at the types of crime committed by two classesÃ¢â¬â¢ in the society. Members of the elite are more likely to commit such crimes as compared to the working class who are more likely o commit crimes like robbery, assault, and murder (Clinard, 2010). White-collar crimes are usually had to prosecute and catch and sometimes hard to identify. White-collar criminals use their power to avoid prosecution. People in power make rules and laws to benefit themselves. The conflict theory in relation to deviance when such people are accused of such crime they usually have the means and power to hire accountants ,lawyers, and people to help them avoid prosecution and may be referred to as deviant. The society itself believes that all laws are fair and are applied fairly, and, therefore, the society does not dwell on the fact that such laws can be unfairly applied, or it might be just. The differential association is a theory that deals with a white-collar crime that explains that behaviors are based on association and interaction with others. Edwin Sutherland proposed this theory (Friedrichs, 2009). This means that through interaction with other people learn values, motives and techniques that form criminal is behavior. It predicts that individuals can choose a criminal path when law abiding is lesser than law-breaking when it comes to rules. However, this theory fails to note that even with association and interaction people can be independent, individually motivated, and rational and, therefore, can avoid criminal behavior. The rational choice theory explains on both
Tuesday, July 23, 2019
Death is not an event in life, death is not lived through - Coursework Example When the subject turns to death, there is a gloom all around. How should we understand the relation between death and human life Is death meaningful or is it the representative of a meaningless destruction Does death in reality render life as absurd These are some of the frequently asked questions by people gathered to pay their respect for a departed1. In The Human Province by Elias Canetti (Winner of the Noble Prize for Literature in 1981), he confessed that he found more adversaries to the question of death: "'People always ask you what you mean when you rail against death. They want the cheap hopes from you that are droned about in religion and nauseam. But I know nothing. I have nothing to say about it. My character, my pride consists in my never having flattered death. Like everyone else, I have sometimes, very seldom, wished for it, but no man has ever heard me praising death, no one can say that I have bowed to it; I have acknowledged or whitewashed death. I find it as useless and as ever as ever, the basic ill of all existence the unresolved and the incomprehensible, the knot in which everything has always been tied and caught and that no one has ever dared to chop up"2 "When man is alive, he does not feel the pain of death because he is not experiencing death. When a man dies, he does not feel the pain of death because he is dead and, since death is annihilation, he feels nothing."3 In Antiquity the idea of death was contemplated by many philosophers whose opinion was widely diverging. The nihilist Epicurus thought that death was the ultimate end of all things. In contrary, Plato believed in life after death. Seneca, the stoics was of the opinion that death has to be practised by people still alive: Meditare mortem. With Christianity a fundamental change in the perception of death took part. The religion gave new answers to questions regarding death and life after death. People in the medieval times were confronted with death in many aspects of life: the average life expectancy was low (less than 30 years), the child death rate was high-only few children reached adult years. A large part of the populations was extinguished due to frequent epidemics. During the 14th century the European population was decimated by one third due to the plague (The Black Death). The cemeteries surrounding the churches were not only places for the dead, but also for the living. They were also used for celebrations, court agendas, and public congregations. In medieval times the body of the deceased was more or less sacrosanct. During the following 16th-17th centuries this changed dramatically. Due to anatomical autopsies the sacrosanct view of the corpse diminished. In the 18th century the state or the government had major influence on the rituals of burial and funerals. Burial within the church was prohibited and the cemeteries were dislocated from the central part of the cities to more peripheral locations. This led to a decrease of the "presence" of death in everyday life. During the 19th century the secularisation of death progressed further. The burial rites did not celebrate the deceased, but demonstrated the power and importance of the family of the dead. This is evident, also today, in many cemeteries with abundance of monuments from this time. At the same
Monday, July 22, 2019
Legal Abortion Essay The topic of abortion is one of the most controversial of our times. It has caused countless deaths and several violent confrontations between the two separate parties of opinion. The fight between pro-life and pro-choice supporters has been long and brutal. This is because, despite what several people may believe, abortion is neither right nor wrong. It is a matter of personal opinion. In this way, each side can say with certainty that the other is wrong. However, the question still remains; should abortion be legal? Though some may disagree on this point, the fact is that legalized abortion is the only option that will protect the lives of American citizens. Therefore, present abortion laws according to Roe v. Wade should be upheld and maintained in the United States (Brown 2). Roe v. Wade was a landmark decision that legalized abortions in the United States. It was about a poor, pregnant woman who filed a lawsuit against the state law of Texas, which stated that abortions were illegal. The case went all the way to the U. S. Supreme Court, which meant that the decision made affected the nation as a whole. On January 22, 1973, the Supreme Court ruled in favor of Jane Roe and stated that the 14th amendment guarantees an adult woman the right to seek a termination of her pregnancy until viability (Guernsey 63). From this day on, abortions in the United States were legal. The definitions of the opinions taken on abortion are somewhat unclear to many people. Hopefully, the definitions stated below will be of some help in choosing an opinion. Pro-life supporters believe that a fetuss right to live comes first, before the rights of a pregnant woman. Pro-choice supporters believe that it is a womans fundamental human right to decide when and whether or not to have the child (Lowenstein19). Nevertheless, while the pro-choice side fights the right to have an abortion, they make a distinction between pro-choice and pro-abortion, These groups want women to be able to choose an abortion if it is right for them. However, they do not necessarily believe abortion is the solution for everyone (Lowenstein 52). There are many reasons why abortion should be legal. The single most important effect of legalization has been the substitution of safe, legal procedures for abortions that formerly were obtained illegally ( Jaffe, Lindheim, and Lee 147). One only needs to look into American history to see the results of prohibiting abortions to women. The violence which occurs today because of the pro-choice/pro-life conflicts is minimal in comparison to the thousands of hopeless women who turned to illegal abortions. Women, seeing no other solution to their problems, turned to back room clinics. These clinics were located in poverty-ridden sections of the city and their conditions were deplorable. The places themselves were layered in filth and disease. Inexperienced butchers using dirty and crude equipment treated the women. As if these backroom clinics were not bad enough, there was an even more appalling decision a woman might face. If she were unable to pay the exorbitant price for the illegal surgery, she would often perform the act herself. Knitting needles, coat hangers, antiseptic douches, and poisons were used most often (Welton123). It is better now that women have a place to go where abortions can be performed cleanly with minimal risk. Legalization of abortion is the only choice no matter what side on takes in the debate. Women will try to do what they think is necessary to live as they wish, no matter what the risk. Each year 84,000 women die worldwide from failed abortion attempts (Lunneborg67) . Because of anti-abortion legislation, women avoid going to the hospital, often until it is too late, to avoid prosecution from police. In the cases of rape and incest, the very idea of being forced to have the child of the womans abuser is repulsive. There are also cases when a womans health is put in jeopardy by having a child at all. Forcing a woman to bring the child to term would be no less than attempted murder (Steffen 49). If a woman is forced to give birth to a child she does not want, if left in that womans custody, the child could potentially face hatred and resentment from the mother for the rest of its life. In countries all over the world, children are found dead and abandoned in places as degrading as garbage dumps. The only effective method of preventing unwanted births is abstinence, and this is just not a realistic objective. There is no 100% effective form of birth control, and even men and women using birth control have unwanted pregnancies. Some women for financial, occupational, social, and maturity reasons, see pregnancy as cessation of their lives. There are no accurate statistics on how many women attempt or succeed in committing suicide each year rather than live with their pregnancies. Women will continue to gave abortions with or without government legislation, but with legislation, the conditions under which they have their abortions can be sanctioned and observed. If abortion is the right choice for a woman, she shouldnt have to worry about its safety. The procedure is perfectly safe. The earlier an abortion is done, the safer it is. Most abortions, about 95%, are done during the first trimester (Lowenstein 52). Less than one percent are done after the twentieth week, and usually only for medical reasons (Safety 1). According to the National Abortion Federation, having an abortion in the first three months of pregnancy is safer than giving birth to a child. Women hardly ever die from legal abortions-only one in two hundred thousand (Lowenstein 52). Women are seven times likely to die from childbirth than from a legal abortion (Maguire 1). Many pro-life supporters believe that abortion should be banned because life begins at conception and taking a life is unlawful. The individual sex cell consists of 23 chromosomes. It is only through combination, through merger, that the sex cells attain the full complement of heredity units that defines a human being (Shettles 17). The merger of the two sex cells is complete within twelve hours, at which time the egg is fertilized and becomes known technically as the zygote. The inherited characteristics of a unique human being has been established, and in no circumstances will it change (Shettles 17). At eighteen days, the heart is pumping through a closed circulatory system, with blood whose type is different from that of the mothers. The brain starts working at forty days. and all of the fetuss body systems are in place by the time it is two months old (Every child 1). Pro-lifers believe this evidence shows a fetus is alive. For these reasons, they feel the fetus has a soul and is a person worthy of respect. They conclude that aborting a fetus is the same as murdering a person (Abortion 3). Most pro-choice supporters agree that taking a human life is unlawful, however, they argue that unborn fetuses do not constitute fully developed human life. The possession of forty-six chromosomes does not make a cell a person. Most of the cells in a persons body contain these 46 chromosomes, but that does not make a white corpuscle a person. As for the significance of uniqueness, identical quintuplets are genetically identical, yet they have personal identities apart from their genetic endowment. Even though a fetus might have a heartbeat and brain waves, this does not make a fetus a person. To be a person, there must be evidence of a personality. Dogs, frogs, and earthworms have all characteristics listed, but that is insufficient to make them persons Zindler 25). Another major pro-life concern is the medical hazards of an abortion. Pro-lifers believe that abortions have many negative physical and psychological effects. They say that even though abortion has been legalized, it remains a complicated procedure that can potentially harm a womans ability to bear normal, healthy babies in the future (Hilgers 152). The most common early complications of legally induced abortion are infection, hemorrhage, perfor ation of the uterus, and laceration of the cervix (Hilgers 153). There is also a pelvic inflammatory disease which can follow abortion, and happens up to 30 percent of the time (Lowenstein 44). Although the complications are physical, many pro-lifers say that the psychological effects are far more dangerous. They believe abortion has a particularly harmful effects on teenagers (Everyones Biography 1). The Medical College of Ohio studied how teenagers were able to cope with abortions as compared to adult women. They studied thirty-five women who had abortions as teenagers and thirty-six women who had abortions after age twenty. They found there were two factors present in teenage abortions. First, people other than the teenager had control of the abortion decision. Second, teenagers are less knowledgeable about the procedure and may have false ideas about it. Also, teenagers were less likely to consult a professional before making their decision. The study showed teenagers experienced greater stress during the abortion (Lowenstein 45). Pro-choicers strongly disagree on this matter. It is a proven fact that legal abortions are now medically safe and simple. Teenagers, for example, are 24 times more likely to die from childbirth than from a first-trimester abortion (Carlson 25). Death resulting from legal abortion is a very rare occurrence and easy to measure. In the first trimester, less that half of one percent of all abortion patients experience major complications (Jaffe, Lindheim, and Lee 150). Of course abortion involves some risk, but so do all medical procedures. According to the American Psychiatric Association report published in Science magazine in 1990, there are no significant psychological aftereffects of legal abortion. Legal abortion requested by the woman does not cause emotional problems or depression. Some women may feel sad or guilty at first, but not any more or less than any other personal crisis (Lowenstein 53). In particular, teenagers who had abortions seem to behave more normally than others who gave birth to a baby. Teenagers who have abortions are more likely to graduate high school, go to college, and get good jobs (Lowenstein 54). The third most controversial topic on abortions involves so-called hard cases such as rape and incest. The first point pro-lifers make is that the law allowing raped women to get abortions would only affect a few women, less than 1 percent of all abortions each year (Guernsey 68). Pro-life supporters believe the damage has already happened-that of the rape. An abortion will simply cause more psychological and physical harm. Even though half of the fetus if part of the rapist, half of the fetus is part of the woman, too. They believe it is unfair to kill a being who was not responsible for the rape (Lowenstein 47). Their feeling is the same for incest. In cases where abortion is chosen, pro-life activists believe an innocent baby is killed for a crime its father commits. The father, instead, should suffer. Pro-lifers believe if abortion is chosen, it helps to hide the fact that incest took place and it might continue(Lowenstein 48). Should abortion be allowed in cases of rape and incest? Absolutely yes, say pro-choicers. There may be serious psychological effects from having a child that was a result of a horrible experience like incest or rape. Pro-choice supporters believe if the woman decides to raise the child, they say, she will have a constant reminder of the incident (Lowenstein 55). Surveys have shown many people would accept abortion in cases of rape or incest (Women 2). Medical research has not determined whether there are genetic tendencies toward sexual crimes. The child may carry some of those genes (Lowenstein55). In summary, abortion is a personal choice. No should be able to tell a women whether or not to have a child. Therefore, keeping abortion legal will ensure that situations that involve crisis or health risks to the mother or the fetus can be handled safely and legally.
Transfer of Property Law Essay 1.Marshall v Green (1875-76) L.R. 1 C.P.D. 35 In the case, the defendant purchased some growing trees, by word of mouth, on the terms that he would remove them as soon as possible. Later, when the defendant cut down some trees, the plaintiff countermanded the sale and prohibited the defendant from cutting the remaining. However, the defendant still cut them and carried them away. It was not denied by either party that there was a verbal contract. However, the question here was whether the contract was required to be in writing under the Statute of Frauds. The issue was whether there has been a transfer of interest in land (in which registration is compulsory) or whether it was a mere sale of timber. The Court held that it was a contract of sale and there had been acceptance of the agreement. It was not required to be in writing. Transfer of interest in land- when sale is of something which is to derive benefit from the land and to become altered by virtue of what it draws from the land. Ã¢â¬Å"The principle of these decisions appears to be this, that wherever at the time of the contract it is contemplated that the purchaser should derive a benefit from the further growth of the thing sold from further vegetation and from the nutriment to be afforded by the land, the contract is to be considered as for an interest in land; but where the process of vegetation is over, or the parties agree that the thing sold shall be immediately withdrawn from the land, the land is to be considered as a mere warehouse of the thing sold, and the contract is for goods.Ã¢â¬ 2.Shantabai v. State of Bombay Ã¢â¬â AIR 1958 SC 532 This case was a landmark case that laid down the test to determine when timber trees are standing timber and when they are immovable property. In this case, the petitioner filed a writ petition under Article 32 of the Constitution of India claiming that her fundamental right to cut and collect timber in the forest in question has been infringed. The petitionerÃ¢â¬â¢s husband, owner of the forests in question, had executed an unregistered deed, called a lease in her favour. According to the deed, she had the right to enter upon certain restricted areas in the forests and cut and take out bamboos, fuel wood and teak. There was a prohibition on the felling of certain trees and a few other restrictions are also put on the cutting. The question was whether any proprietary interests or rights were conferred on the petitioner. In this case, the court held that although the document repeatedly calls itself a lease, it confers no rights of enjoyment in the land. There is merely a right to enter the land and cut and carry away the wood. There was no transfer of a right to enjoy the land itself, it is conferment of right to enter the land and take away a part of the forest produce. In case of a lease, a person has a right to enjoy the land but not take it away. However, profit a prendre is in contrast to this. In the latter case, a person has the license to enter the lands only to take away a part of the produce of the soil and not for the purpose of enjoying it. If a tree draws sustenance from the soil it is immovable property. Bose J. further explains that, Ã¢â¬Å"a tree will continue to draw sustenance from the soil so long as it continues to stand and live and that physical fact of life cannot be altered by giving it another name and calling it standing timber . But the amount of nourishment it takes, if it is felled at a reasonably early date, is so negligible that it can be ignored for all practical purposes The test here was whether it draws nourishment from the soil. 3.State of Orissa v. Titaghur Paper Milss Co. Ltd. In this case, the Orissa government and its sales tax department tried to tax transactions of severed bamboo. The State contended that the subject matter was goods, so it had legislative competency. However, the respondentsÃ¢â¬â¢ contention was that the law tries to create a new class of goods not known to the law. This was beyond the legislative competence of the state and hence, unconstitutional. The court held that the right to fell, cut, obtain, remove bamboos from forest areas for the purpose of converting it into paper was profit a prendre taking into consideration the duration of the contracts and the ancillary rights granted (like right to collect timber, fuel other forest produce) . Also, the court held that it cannot be viewed as a composite agreement, one which relates to standing bamboos and is movable property and the other related to bamboos that will come into existence in future . The right is integral and indivisible.
Sunday, July 21, 2019
Education in Emergencies This chapter will discuss several existing organisations dedicated to education in emergencies and the programmes that they have developed. Discussing the effectiveness of these programmes would be beyond the scope of this paper. It is however, relevant to the topic to discuss how the right to education is protected in times of crises. Education in emergencies Emergency education has been defined as a set of linked project activities that enable structured learning to continue in times of acute crisis or long-term instability. Emergency education was introduced in the mid-1990s to find a solution for fulfilling childrens rights to education in times of emergency. It was more so important due to crises lasting for long periods of time. The aim was to find ways of ensuring that childrens rights to education and their rights to protection are maintained in practice during conflicts or disasters so that they can be prepared for a better future and can contribute to the rebuilding of their society when the crisis is over. Midttun stated Emergencies include the acute, the chronically unstable as well as the return and early rehabilitation phases. The mid-decade meeting on Education for All Amman 1996 emphasised basic education in emergency situations and recommended the classification of schools as safety zones to be preserved in times of conflict, highlighting the importance of education even in times of war. In 1993, the United Nations presented a resolution with a request for a study into ways of improving the protection of children affected by armed conflicts. The 1996 Report of the Expert on the Impact of Armed Conflict on Children (the Machel Report) referred several times to schooling as a vital tool for promoting psychological well-being after trauma and for conveying messages relating to health, mine awareness, human rights and peace and tolerance. These reports and international discussions illustrates that the international community is aware that the right to education in conflict lacks a proper mechanism to ensure that children receive the education that has been guaranteed as a right. International bodies of emergency education This section will briefly introduce several international bodies dedicating their work to emergency education and will further add in the following section how the work of these organisations illustrates the importance of education as part of humanitarian response. The Interagency Network for Education in Emergencies (INEE) was established in 2000 to co-ordinate the work of local, national and international groups, to exchange data and to develop guidelines for education during and after emergencies. INEE developed the Minimum Standards for Education: Preparedness, Response, Recovery which provides a framework for a good quality education response in emergencies. The INEE Minimum Standards are a companion to the Sphere Project, in relation to standards for integrating good quality education within humanitarian response and achieve greater accountability in the humanitarian sector. The Inter-Agency Standing Committee (IASC) Education Cluster serves to fortify the capacity and preparedness of humanitarian personnel and government authorities to plan, coordinate and manage good quality educational programmes in emergencies. The Education Cluster brings education actors together to assess needs, identify priorities, coordinate responses and to promote education as a key first response in humanitarian crises. International Rescue Committee (IRC) combines direct service delivery with State building efforts via community governance initiatives, recognising that education is a vital empowerment tool for children and their families. Efforts are characterised by excellent integration of education into different sectors such as governance, emergency response and child protection. Their approach is rights-based combined with advocacy and the key aims of the program is to consistently meet basic needs, strengthening institutions and promoting social cohesion in each sector. Education as part of a humanitarian response The 2010 UN General Assembly Resolution on the right to education in emergency situations established an important implementation framework for all States, humanitarian actors and UN agencies. Part of the issue to protecting education in times of crises is whether education can be seen as part of a humanitarian response to crisis or whether it is a development issue. The debate on this issue has practical implications on funding during emergency situations. Those who hold the view that education is a development issue would prefer emergency funding to be spent on life-saving matters like food, shelter and clean water. On the other hand, the governments of Norway and Canada, along with many experts, consider education to be the fourth pillar of any humanitarian response, alongside food, shelter and health. The cluster approach is part of the ongoing Humanitarian Reform Agenda for improving ways in which the international community responds to crises. The Humanitarian Response Review identified the need for more timely, predictable and effective humanitarian action and launched a process of humanitarian reform.ÃâÃ In 2006, the Inter-Agency Standing Committee (IASC) endorsed the Education Cluster. The cluster approach is one of the key pillar for achieving more timely, predictable and effective humanitarian action. It refers to the official coordination mechanism for humanitarian response thus making education part of humanitarian response in times of crises. This is aptly necessary as educational institutions tend to be collateral damage if not the target of parties. In Palestine, the Ministry of Education and Higher Education (MoEHE) was established in the year 1994. They developed an education plan for Palestine that had to be converted into an emergency education plan in the year 2000 after the second intifada, to stop any further deterioration in the quality of education and to minimise the impact of the Israeli occupation on childrens schooling. There has been many incidences where instead of protecting educational institutions (as required by humanitarian law), Israeli forces has contributed or initiated an attack. A group of settlers shielded by the Israeli security forces reportedly attacked a Secondary School which resulted in the injury of 12 children. In Gaza in 2015, at least 262 schools were damaged in Israeli air strikes. Three public schools were completely destroyed and at least 23 were severely damaged. Schools were also used as shelters and 83 school buildings of the UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) were damaged owing to Israeli airstrikes. The right to education in Palestine has been disputed by Israel on the grounds that Palestine has never been a state. The right to education is guaranteed for all persons and is not limited by their circumstances or the nature of the hostilities and is the right of every human being. Even after the transfer of education responsibility to the Palestinian National Authority, Israel as occupier of the territory, continues to bear the responsibility to facilitate childrens rights to education under obligations of international humanitarian law. The construction of the Wall on Occupied Palestinian Territory has become a further hindrance to the education of Palestinians. The view is that a comprehensive and unified Palestinian educational vision and strategy is essential for the progress of Palestinia n education, but is rendered more difficult to achieve by the barrier, which in some instances, separates neighbouring villages. In practice, most emergency education programs concentrate on primary education. International agencies has developed educational packages for emergency situations. UNICEF and UNESCO developed the School in a Box which support teachers in providing basic literacy, numeracy and life skills. This package serves as an instant classroom for children in crisis. The container is stuffed with over 1,500 school instruments and supplies that enable 80 children and a teacher to create an instant classroom. These packages can be distributed to teachers and children very quickly. They, however, may lack cultural sensitivity and may not meet the needs of children in particular situations and may have priorities which are not shared by the local communities. A way to mitigate the issue of cultural sensitivity may be to ensure that emergency schools are run by the community itself. They would then be free to accommodate the needs and priorities of the local community in the education of their children. Schools that are run by the community itself has higher chances of being accepted by the community as a whole and thus providing a more effective solution to education in emergencies. The right to education has been defined as the rights to free and compulsory primary or elementary education. In the context of an armed conflict, the provisions under humanitarian law and human rights law should be read together, complementing each others provisions. Especially in accordance with the right of education, no apparent contradiction exists. Humanitarian law acts as a lex specialis rule while human rights law acts as the les generalis rule. Situations of armed conflict do not provide an escape for the duty bearers on the responsibilities of affording education. The right to education is to be protected in both international and non-international armed conflicts. The protection of education goes beyond the scope of the territory of conflict parties and extends the responsibility to receiving States where persons from conflict area cross international borders. The scope of protection in an internal armed conflict is smaller than an international armed conflict, in that, the obligation of the duty bearers are limited to the protection of educational institutions. International institutions have been mandated with prosecuting crimes within the Geneva Conventions, in particular, the protection of educational institutions. The international community has increasingly recognise the importance of education in crises situations for the progress of the society. This is evidenced by the growing inclusion of emergency education as part of humanitarian response. Education systems are one of the most sustainable and durable solutions available in conflict affected States. As discussed, humanitarian actors have stepped in to meet the basic right of education of civilians. A long-term solution would also be to build the capacity of local communities and organisations to do so to ensure that they would be self-sustainable. An investment in good gover nance, which in essence is an investment in people, may be the best way to provide education in emergency situations, because it asserts and invests in a future for children and their communities. Imposing State responsibility would force States to observe rules of humanitarian law and therefore, ensure that their armed forces observe humanitarian law. It is the duty of the State to implement humanitarian law and to provide criminal sanctions for its violations within its own legal system as the ICC acts as a supplement to national systems. The mere existence of the ICC has put pressure on States to ratify the crimes under the Rome Statute and to prosecute international crimes within their domestic jurisdiction to avoid the ICCs intervention. The prosecution by the ICC would incur individual criminal responsibility. Implementation through international bodies as illustrated in chapter 6, is a positive aspect of education in emergencies. It would however, become more effective when it is implemented together with criminal justice. It is the responsibility of international community as a whole to enforce the accountability and responsibility of parties to the conflict, be it State or non-state actors, to ensure that the right to education is protected in the context of armed conflicts. The prosecution of crimes acts as a reminder that parties to a conflict are answerable to the entire international community, even if, justice takes years to present itself. The ICC has jurisdiction over the crimes against educational institutions, perhaps more prosecutions of perpetrators who destroy education institutions or by holding States accountable for their lack of initiative and protection of education, would act as a deterrent to future parties to conflicts. It is important that both aspects of protecting education is engaged. The legal aspect where parties are held accountable and the social aspect in an effective education regime as a humanitarian response. References  S. Nicolai C. Triplehorn (2003) The Role of Education in Protecting Children in Conflict (London, Humanitarian Practice Network) 11.  UNESCO, International Consultative Forum on Education for All. (1996). Education for all: Achieving the goal: final report of the Mid Decade Meeting of the International Consultative Forum on Education for All, Amman, Jordan, 16 19 June 1996. Paris: UNESCO 40.  J. M. Halstead S. J. Affouneh, Educating the Human Spirit in the Times of Conflict: The Case of Emergency Education in Palestine (2006) 12:2 International Journal of Childrens Spirituality 199, 200.  E. K. Midttun, Education and Emergencies (2006) 2:1 Journal of Education for International Development, 1.  Education for all: Achieving the goal: final report of the Mid Decade Meeting (n 120) 41.  UNGA, Protection of children affected by armed conflicts: resolution / adopted by the General Assembly A/RES/48/157 (20 December 1993).  UNGA, Impact of armed conflict on children: note / by the Secretary-General A/51/306 (26 August 1996).  Ibid para 54, 185 and 193.  Ineesiteorg, How We Work (Ineesiteorg, 2015) accessed 1 January 2017.  The Sphere Project: Humanitarian Charter and Minimum Standards in Humanitarian Response (3rd edition, 2011), page 12 .  Uniceforg, The Inter-Agency Standing Committee (IASC) (UNICEF, 10 December 2008) accessed 1 January 2017.  N. A. Papadopoulos, Achievements and challenges of the Education Cluster in the Palestinian Autonomous Territories, Somalia and Sri Lanka (EFA Global Monitoring Report 2011, 2010).  Rescueorg, Where We Focus: Education (International Rescue Committee (IRC), 2015) accessed 1 January 2017.  L. Bender, Innovations in Emergency Education: The IRC in the Democratic Republic of Congo (A Commissioned Background Report Prepared for the Global Monitoring Report 2011, 2009).  UN Resolution A/64/L.58.  Halstead Affouneh, Educating the Human Spirit in the Times of Conflict (n 121).  M.Sommers, Children, Education and War: Reaching Education for All (EFA) Objectives in Countries Affected by Conflict, (Washington DC, World Bank) (2002)  E. M. Johannessen, Guidelines for Evaluation of Education Projects in Emergency Situations (Oslo, Norwegian Refugee Council) (2001); See Also, M. Sinclair, Planning Education in and After Emergency (2002) (Paris, UNESCO International Institute for Educational Planning) (2002)  C. Adinolfi, D. S. Bassiouni, H. F. Lauritzsen H. Roy Williams, Humanitarian Response Review, Commissioned by the UN Emergency Relief Coordinator and Under-Secretary-General for Humanitarian Affairs (2005).  N. A. Papadopoulos, Achievements and challenges of the Education Cluster in the Palestinian Autonomous Territories, Somalia and Sri Lanka (EFA Global Monitoring Report 2011, 2010)  H. Ramahi, Education in Palestine: Current Challenges and Emancipatory Alternatives (2015) The American School of Palestine and University of Cambridge, 5.  UNGA, UNSC, Children and Armed Conflict Report of the Secretary General, 69th Session, A/69/926*-S/2015/409*  UNGA, UNSC, Children and Armed Conflict Report of the Secretary General, 69th Session, A/69/926*-S/2015/409* para 99  Save the Children, Living Behind Barriers Palestinian Children Speak Out (London, Save the Children UK and Save the Children Sweden) (2004).  Ramahi, Education in Palestine: Current Challenges and Emancipatory Alternatives (n 139)  Sommers, Children, Education and War: Reaching Education for All (n 135); See also, L. Davis, Education and Conflict: Complexity and Chaos (London, RoutledgeFalmer) (2004). ÃâÃ UNICEF, UNESCO, School-in-a-box: An Instant Classroom for Children in Crisis (2008) 4 Every Child.  Halstead Affouneh, Educating the Human Spirit in the Times of Conflict (n 121).  Bender, Innovations in Emergency Education (n 132).  Bender, Innovations in Emergency Education (n 132).
Saturday, July 20, 2019
Organization-environment relations depict certain areas of UCSB in their entirety in which two of those theories include population ecology and neoinstitutional theory. Population ecology and neoinstitutional theory looks at UCSB in divergent perspectives: population ecology studies organizations if they are a living or dying species whereas neoinstitutional theory highlights the organizationÃ¢â¬â¢s importance as an establishment to its field of expertise. With this, I am going to compare both, population ecology and neoinstitutional theory, in relation to the University of California Ã¢â¬â Santa Barbara. I will further discuss each of their strengths and weaknesses in accordance to the behavior and environment of institution, faculty, staff, and its students within this organization. Within nature, any form of species focus on selection and adaptation towards their environment to better themselves; organizations exert this idea as a metaphor to personify the organization-environment theory of population ecology underlining any organization functions as a living or dying species. Primarily, population ecology reflects both a rationalist and naturalist perspectives. Population ecology echoes rationalist theory since power is frequently controlled by those in superior positions inside the organization (Taylor 25). Also, population ecology is natural because it denies specificity and predictability due to the organizationÃ¢â¬â¢s dependence of the fluctuation of environmental resources (Sutton 1/20/11). Ultimately for any organization to adapt and change the future of the establishment, it is compulsory for workers in a dominant position to ruminate any strategies and environmental opportunities and threats (Hannan 930). Henry Yang, as UCSBÃ¢â¬â¢s ... ...rsity. Conformity limits the organization values and appearance to which they cannot change unless the organization wishes to achieve any backlash. Overall, population ecology and neoinstitutional theory are part of organization-environment relations and are applied throughout UCSB. Population ecology and neoinstitutional theory are two theories describing and affecting the organizational environment at UCSB from two perspectives: the population and institutions as a whole. With population ecology, UCSB faces competition dilemmas to keep their organization from Ã¢â¬Å"dyingÃ¢â¬ ; and additionally, neoinstitutional theory shows UCSB how to appear legitimate through conforming to societyÃ¢â¬â¢s beliefs and expectations. Although both concepts are vastly differently, they aid UCSB, as well as other organizations, to understanding the lifespan and appearance of its establishment.
Friday, July 19, 2019
When analyzing the Greek work the Iliad, Homer procures an idealistic hero with an internal conflict, which questions the values of his society and the Greek Heroic Code. The Greek Heroic Code includes respect, honor, and requirements to procure an exorbitant image. To be considered a Greek hero you must meet the perquisites and fulfill all of the aspects of the code. Achilleus was deemed a hero, he was the strongest and swiftest of the Achieans. Achilleus lived up to all of these aspects until his internal conflict began in the Iliad. Homers purpose in the ending of book XXIV is to restore Achilleus after his reconciliation with the Greek Heroic Code. Ã Ã Ã Ã Ã Achilleus was the most honorable Greek warrior of his time. No one questions Achilleus, nor challenged him, because if they do they would be smite. Achilleus is honorable, he pays respect that is due, and gratefully thanks those who respect him. Up until his outrage in Book XXII all of Achilleus rituals have been consistent. When his temper overcame his natural inveterate intuition Achilleus immediately invoked all ordain and involvement in the Greek Heroic Code. One of Achilleus' major omissions can be found where he defies the corpse of Hektor. This motion surprised and befuddled the Greek Gods, and had them viewing a plan on a sleuth method of manipulation of the body of Hektor. This probationary period of time that the Gods created gave Achilleus enough time to debate and redirect his ritual...
A Separate Peace: Three Symbols The three dichotomous symbols in A Separate Peace by John Knowles reinforce the innocence and evil of the main characters, Finny and Gene. Beside the Devon School flow two rivers on opposite sides of the school, the Naguamsett and the Devon. The Devon provides entertainment and happiness for Gene and Finny as they jump from the tree into the river and hold initiations into the Super Suicide Society of the Summer Session. Finny, Gene, and their friends use the Devon's warm water to play in during the carefree summer session. The Devon brings out Finny's carefree character and personality when he jumps from the limbs of the tree. Not one Upper Middler in Devon has ever jumped from the tree; Finny becomes the first. After surfacing, Finny says that jumping from the tree causes the most fun he has had in weeks. However, the Naguamsett and the Devon completely contrast. When Gene and Finny emerge from the Devon, they feel clean and refreshed. However, Gene describes the Naguamsett as "ugly, saline, fringed with marsh, mud and seaweed" (68). When Gene starts a fight with Quackenbush and falls into the Naguamsett because Quackenbush calls Gene "a maimed son-of-a-bitch," Gene surfaces from the Naguamsett feeling grimy, dirty and in desperate need of a bath (71). Much like the clean, refreshing water of the Devon and the ugly saline water of the Naguamsett, Gene's carefree attitude of the summer session vastly differs from the angry, confused attitude of the winter session. Likewise, the two sessions, the summer and winter, give a different sense of feeling toward school and life at Devon School. The summer session allows Finny to use his creativity. Finny invents blitzball and founds the Super Suicide Society of the Summer Session. The students let their carefree attitudes flow during the summer. Finny and Gene willingly break the rules to have fun during the summer by skipping class and going to the beach. Finny also wears the school tie as a belt to the traditional term tea. Gene feels that Finny cannot leave the room without being disciplined, but Finny manages to talk his way out of the mess. However, the winter session causes a sense of strictness. The sermons now exhort the thought of "what we owe Devon," but in the summer the students think of "what Devon owes us" (65). The masters and class leaders try to enforce continuity, but Gene realizes that resurrecting the summer session becomes impossible. Finny is not in school, no longer shall the students have their carefree attitudes, and the class officials and masters now
Thursday, July 18, 2019
Ã¢â¬Å"The Company of WolvesÃ¢â¬ by Angela Carter follows the story line of the classic childrenÃ¢â¬â¢s fairytale Ã¢â¬Å"Little Red Riding HoodÃ¢â¬ which is known universally in the western world. Despite the relationship between the two stories, Ã¢â¬Å"The Company of WolvesÃ¢â¬ has cunningly been written with an eerie atmosphere and plot twists to engage the reader. Reinvented into a gothic fantasy, the story highlights Red Riding HoodÃ¢â¬â¢s innocence and uses the Wolf as a metaphor for men to position the reader to react differently than the classic fairytale.It becomes obvious to the reader that the story is based upon the well known fairy tale Ã¢â¬ËLittle Red Riding HoodÃ¢â¬â¢ but Carter has twisted the innocent childrenÃ¢â¬â¢s story into a extravagant gothic fantasy which positions the reader to grasp a greater understanding of the events leading up to the climax and the background in general. The stylist choices of magic realism differ from the classic denot ation of fantasy because realistic frameworks of the real world are twisted with the supernatural resulting in murderous, sadistic or brutal situations; in this instance Red Riding Hood engaging in sexual acts with the Wolf.From the beginning the reader is fully aware of the stylistic choice of gothic fantasy, Ã¢â¬Å"One beast and only one beast howls in the woods by nightÃ¢â¬ is typical of gothic tales as woods are usually portrayed as a dangerous and a forbidding setting, but also provides emphasis through repetition of Ã¢â¬Ëone beastÃ¢â¬â¢ and Ã¢â¬Ëonly oneÃ¢â¬â¢ to draw the readerÃ¢â¬â¢s attention onto the fact that the Wolf is important and plays a significant role in the story.A common aspect of gothic tales is winter which is the setting of the story, as shown through distribution of the words Ã¢â¬ËsnowÃ¢â¬â¢, Ã¢â¬ËChristmasÃ¢â¬â¢, Ã¢â¬ËRobinÃ¢â¬â¢, Ã¢â¬ËblizzardÃ¢â¬â¢ and Ã¢â¬ËcoldÃ¢â¬â¢ throughout the story which are classic connotations rel ative to the season. The stylistic choice made by Carter in relation to the classic fairy style creates an eerie atmosphere and positions the reader to question if they really know the plot of the story.Little Red Riding Hood is portrayed as an innocent little girl in the classic fairy tale which is carried through into Carters version with a few twists. Initially Little RedÃ¢â¬â¢s innocence is clearly defined as her virginal status is described using metaphors as Ã¢â¬ËShe is an unbroken egg; she is a sealed vesselÃ¢â¬â¢ and her physical appearance resembles that of a young girl Ã¢â¬Ëhair like lint, pale forehead, scarlet cheeksÃ¢â¬â¢. Since she has Ã¢â¬Ëstarted her womanÃ¢â¬â¢s bleedingÃ¢â¬â¢ it is safe to assume that her shawl is symbolic to represents just that or her innocence as she nters this period of her life. As the story progresses Little Red does not hesitate to hand over her basket when Ã¢â¬Ëhe [the Wolf] offered to carry her basketÃ¢â¬â¢, assuming th e basket is a symbol used to represents her virginity this scene illustrates how uneducated girls in this era were about sex and the risk it posed to them. Little Red is not hesitant about handing over her basket because she has no clue about what the Wolf is doing, although she does not know what was about to happen to her he certainly does.At this specific point in the story the reader is positioned to re-evaluate the innocence of the girl, questioning whether the wolf is taking advantage of her or whether she knows what she wants. Regarding Little RedÃ¢â¬â¢s shawl representing her innocence, nearing the end of the story the Wolf exclaims in reply to her asking what to do with it choice of diction, Ã¢â¬Å"Throw it into the fire, dear one.You wonÃ¢â¬â¢t need it again,Ã¢â¬ clearly distinguishes that he has taken her innocence and virginity and that there is no way for it to be reversed; Ã¢â¬ËfireÃ¢â¬â¢ representing an irreversible doing. The innocence of Little Red has in evitably been taken away and no long exists to the reader, the reader will no longer be able to read the original version without the constant reminder of Little RedÃ¢â¬â¢s deterioration of innocence in Carters version. Carter, being a classic feminist, has shaped the Wolf into a metaphor of the negative side to men.To begin Ã¢â¬ËOne beast and only one beast howls in the woodsÃ¢â¬â¢, in particularly the repetition of Ã¢â¬ËoneÃ¢â¬â¢ and Ã¢â¬Ëonly oneÃ¢â¬â¢ provides emphasis upon the fact that there is only one wolf and that he is an important asset to the story, perhaps the fact that the story could not function without this male character which makes him very important and dominant. Carter has used this to mirror her opinion that men, or some men, have a mindset that a womenÃ¢â¬â¢s life could not function without them. The wolf is quick to Ã¢â¬Ëoffer[ered] to carry her basketÃ¢â¬â¢, which is a symbol of her virginity.These actions demonstrate Carters opinion on m en thinking they can dominate women especially since the Wolf knew exactly what he was doing relative to Little Red who was oblivious to his actions because she is uneducated on sex. The Wolf is conveyed by the reader as a vicious sexual predator out to claim young girlÃ¢â¬â¢s virginity, which positions them to feel sympathetic for Little Red who represents women. The dominancy of the Wolf taking the girls virginity is pursued near the end of the story as the Wolf orders her to, Ã¢â¬Å"Throw it [shawl] on the fire, dear one.You wonÃ¢â¬â¢t need it again,Ã¢â¬ which is significant because the shawl represents her virginity which has now been burnt. The diction of the phrase Ã¢â¬Ëdear oneÃ¢â¬â¢ is effective because it demonstrates how a man can pretend to care about a girls feelings and be sweet in order to manipulate her into doing something to his advantage. By this point in the story the reader has been positioned to view the Wolf differently from the one that gets killed in the traditional story to a dominant male character who has no respect for Little Red.Once the reader has read Ã¢â¬Å"The Company of WolvesÃ¢â¬ they definitely wonÃ¢â¬â¢t be able to see the classic Ã¢â¬Å"Little Red Riding HoodÃ¢â¬ in the same light again. Reinvented into a gothic fantasy, the story highlights Red Riding HoodÃ¢â¬â¢s innocence and uses the Wolf as a metaphor for men to position the reader to react differently than the classic fairytale. The story however does not necessarily have only negative outcomes because it could make the reader to think deeper about how other characters in different fairytales have been portrayed and how they can challenge the expectations they have been placed in.
Wednesday, July 17, 2019
under(a)standing place Laws of India James Thanickan When India became a country in 1950, India had capable airscrew rules on rock-steadys, procures, excogitates and shell out jell. These were mostly adaptations of the jurisprudences of Great Britain in each ara and were of general supranational norms. afterwards, India modified the Intellectual topographic point legislations to puddle them acquire national needs and requirements.pursuant(predicate) to the countrys joining the globe mint Organisation, India both modified the living legislations or enacted modern legislations in entirely told the intellectual properties identified in the pact on backup link Aspects of Intellectual Property Rights (TRIPS Agreement), as per the obligations it committed. in that respect ar straight off specific legislations on procures and Related Rights, letters overts, take attach, approach patterns, geographic propertys of Goods, graft Varieties and Fa rmers Rights, and semiconductor combine Circuits Layout-Designs.In addition, India to a fault has legislations on encourageion of biological assortment and competition. The Indian Intellectual Property legislations be now full TRIPS congenial. A brief everywhereview of these legislations is puted in the following paragraphs. procures India has a long tarradiddle of remunerate of archetypical frequentation faithfulness enactment. As wee as 1857, India passed a right to protect secures. Later, an separate dish was passed in 1862. however the strike which became a milest 1 was the secure spell, 1914. This was based on the Copyright exertion, 1911 of the united Kingdom with sui tabularise modifications for India.This mask remained in superpower until replaced by the present Copyright of 1957 on 21 January 1958. The present legislation was amended boundically in 1983, 1984, 1992, 1994 and 1999 to meet requirements of the sequences. Presently, a set of amendm ents is under status of the Parliament. Regulations regarding procedures and early(a) runs ar prescribed in the Copyright Rules, 1958 as amended from sen goce to clock time. The Copyright meet slip aways copyright security to the following classes of makeings (a) Original literary, dramatic, tuneful and chaste kit and boodle (b) Cinematograph scenes, and c) Sound enter. The description of literary work in the deport is an inclusive comment stating specifically that figurer courses, tables and compilations including data moveor databases be literary works. esthetic works imply architecture simply the copyright subsists nonwithstanding in the elegant character and introduction and non in the influence or method actings of construction. Copyright bequeath non subsist in either be after registered under the Designs doing or an article to which the aspiration has been applied is reproduced much than litre times by an industrial process.There shall be no copyright in a cinematograph film if a substantial get off the ground of the film is an ravishment of copyright in each work. akinly, if a dear transcription contains infringing work, then it testament non cook all copyright. The im plane sectioniality makes it similarly pass by that that the separate copyright in whatever work corporate in a cinematograph film or bottom preserve is non touched by the copyright in the cinematograph film or the sound recording. The following rights settle to the owners of copyright education, issuing of copies, communication to the world, translation, and adaptation.Similar rights atomic number 18 in like manner purchasable for translations and adaptations. For computer political programs, sale and mer scum bagtile rental rights thrust besides been admitd. In the human face of fender artistic works, the author is qualified for a sh be of the resale proceeds similarly. The Indian law in addition provides for spe cial rights to get composing of the work and to restrain or affirm damages in respect of whatever distortion, mutilation, modification or such(prenominal)(prenominal) opposite acts on the work. The duration of copyright in India is life plus cardinalty social classs.However, in typeface of cinematograph films, sound recordings, photographs, government works, works of public under takings and external cheeks, the term of copyright is sixty years. The strike permits authorized acts without specific consent of the copyright owner. These include a sightly sexual relations with a literary ( non being a computer programme), dramatic, musical theater or artistic work for the purposes of private fall in including look for, and critical review or review and excessively for in take a hop of current events. much(prenominal) works plunder likewise be reproduced for judicial transactions and by legislature secretariats for wasting disease by members of a legislature.Re production of literary, dramatic, musical and artistic works is also permitted by a teacher or pupil in the course of instruction and scrutiny. In the causal agent of a computer programme, making of funding copies by the lawful possessor is permitted. Decompilation and call on engineering argon also permitted under trustworthy spate. Performance of a literary dramatic, or musical work or the communication to the public of such work or a sound recording in the course of each bona fide sacred rite or an official ceremony held by the government is also permitted.darn copyright accrues without either formality, facility for voluntary fitting is for sale. The readjustment is do by the fipple flute of Copyrights. The enrollment certificate is star(predicate) facie evidence of copyright. There is a copyright tabular array to appeal against the decisions of the recording equipment of Copyrights. A person behind also disown his copyright with the recorder of Copyrights. All acts which atomic number 18 the max rights of the owner when make without his allowance atomic number 18 irreverences. Similarly, tradeing into India, exhibiting for sale, etc. f infringing copies of a work ar also infringements. courteous and sorry procedures argon available to the owners in cased of infringement of copyrights. well-behaved suits underside be filed in the partition courts of the place where the owner is ordinarily occupant or where his moving in is. Damages and accounts bath be claimed in civil suits. Indian courts seduce now started imposing retri thoory damages also. All acts of infringement atomic number 18 pitiful criminal offenses. Mandatory minimum punishments of six months imprisonment and Rs. 0,000 fine for the first criminal offense and double that which provide go upto tether years imprisonment and Rs. 200,000 fine be prescribed in the influence. Knowing use of an infringing copy of a computer programme is an offence. Polic e have powers to seize infringing copies of copyrighted works and the machinery and equipment used for such infringement without a warrant. The Indian spell also provides for compulsory licences in certain circumstances such as non-republication and non-permission for translation afterwardwards certain number of years. For administering the copyrights, the ferment provides for copyright societies.There are separate societies for do rights, sound recordings, cinematograph films and reprography rights. The Copyright make believe has also provisions for extending copyright to foreign works. This is d iodin through with(predicate) a special nonification. At present citizens of all countries who are members of the capital of Switzerland Union or the World get by Organisation get copyright for their works in India. Related Rights Related Rights are also governed by the Copyright Act. The two categories of related rights provided are for broadcasters and performers. Broadcaster s et the broadcast reproduction right which entails that no person shall re-broadcast or cause the broadcast to be perceive or seen by the public on payment of whatever charges, make any sound or visual recording of the broadcast, or sells or rents to the public any recording without licence from the broadcaster concerned. These rights utmost(a) for twenty-five years. Performers get performers right over their performance which means no one provide make a sound or visual recording of his performance, or reproduce any such recording or broadcast such recording without the performers permission. This right lasts for fifty years.Both broadcasters and performers rights extend to the importee of copies of sound or visual recordings make without permission. There are exceptions to the enjoyment of the related rights on the lines of exceptions for copyright. Civil and criminal remedies are available for infringement of the related rights, again on similar lines as for copyright infrin gement. observables record of patent shelter in India also goes tail to the late nineteenth century. The first Patent Act was that of the year 1856. This law gave certain exclusive privileges to craftsmans for a period of 14 years. The Act was replaced by opposite Act in 1859.This was patterned after the British Act of 1852. Later, the testimonial of Inventions Act was passed in the year 1883. The Inventions and Designs Act of 1888 replaced all the existing Acts in these two gist fields. Subsequently the Patents and Designs Act of 1911 replaced all the previous Acts. This Act really ceremonious a formation for proper administration of the Act by appointing ascendance of Patents. Later the Patents Act 1970 was enacted on 20th April 1972. This Act was amended in 1999, 2002 and 2005 with a view to making it compatible with the provisions of the TRIPS Agreement and is now fully TRIPS compatible.Prior to 2005 amendment, products in the field of pharmaceuticals and aliment i tems were non patentable. cutting Patent Rules were nonified in 2003. Patents are available for all new initiations, both products and processes in all field of technology which satisfy the patentability criteria, that is, novelty, inventiveness and industrial industriousness. The Act defines invention as a new product or process involving an inventive step and capable of industrial coating and further defines new invention as any invention or technology which has not been anticipated by publication in any account or sed in the country or elsewhere in the world earlier the visualise of register of patent diligence with complete specification, i. e. , the subject matter has not fallen in public scene of action or that it does not form part of the state of the art. The Indian Act provides an inflate list of what are not patentable inventions. These, forget alia, include frivolous inventions or inventions which claim anything obviously contrary to wholesome establishe d natural laws or which are meant mainly for use which could be contrary to public order or morality or which cause prejudice to human, animal or plant life or health or to the environment.Mathematical or business methods or a computer programme per se is also not patentable. Methods of handling of humans, animals or of agriculture or horticulture are also not patentable. Traditional knowledge, literary, dramatic, musical or artistic works, topographies of integrated rotarys, intro of information, a upright scheme or rule or method of do mental act or method of playing games and plants and animals in whole or in any part at that placeof are certain other non-patentable items. However, microorganisms are patentable.While submitting an natural covering for patent, the appli crumbt has to intelligibly indicate the source from which the biological natural from India has been haveed and also that the necessary permission from the workmanlike authority leave be submitted. Su ch permission is to be obtained from the case Biodiversity chest of drawers. A patent grants the exclusive right to the patentee to prohibit third parties, who do not have his consent, from the act of making, using, offering for sale, selling or importing the patented product or process.The Indian Patent Act makes it clear that patents are granted to encourage inventions and to secure that the inventions are worked in India on a commercial scale and not alone to enable the patentee to enjoy a monopoly for the importation of the patented article. With a view to forbid a balance of the rights of owners and public interest, the Act also provides for compulsory licences in certain circumstances such as an pestiferous or for government use. Provisions also exist for granting compulsory licence in cases of operation from countries that do not have adequate manufacturing capacity.However, so far no compulsory licence has been granted in India. Patent is granted on application to and after examination by the Patent part. The application squeeze out be do by the truthful and first inventor of the invention or by any assignee or by the legal phonation of any deceased person who was the true and first inventor or his assignee. As per the Act, the first person to give way gets the patent, if other conditions are satisfied. Provisional application laughingstock be make. However, in such case the complete application should be made in spite of appearance one year of the examine of the provisional application.Ordinarily, patent applications are create in the Patent Journal 18 months after receipt of the application. However, in case the applicant applies for early publication, it allow for be done. After publication, the applicant or any third party can take for examination of the same. Decisions of the Controller of Patents are appealable to the Intellectual Property Appellate Board. Pre-grant authority against grant of a patent can be made upto six mon ths from the date of publication. Opposition can also be made after grant of a patent. The grounds for opposing a patent clearly enunciated in the Patents Act.These mostly denote to the patentability criteria and the non-patentable subject matter specified in the Act itself. The term of a patent is 20 years from the date of application or precedentity date, whichever is earlier, subject to yearbook renewal. In case of infringement of a patent right, civil action can be initiated by the patentee. Designs industrial number surety in India can be traced back to the Patterns and Designs protection Act, 1872. This was later structured in the Patents and Designs Act, 1888 which was later replaced by the Patents and Designs Act, 1911.So far as conceptions were concerned, this law remained in force till 11th whitethorn 2001, when the Designs Act 2000, along with the Designs Rules 2001, was brought into force. As per the Design Act, security is extended to all registered designs. Th e definition of design makes it clear that only the features of convention, configuration, pattern, aggrandize or composition of lines or colors applied to any article by an industrial process or means, which in the finished article appeal to and are solely judged by eye are registrable. It does not include any personal manner or principle of construction or anything which is in substance a mere mechanical device.Nor does it include divvy up attach or artistic works which are protected under copyright. Both two dimensional and collar dimensional articles are protectable. In order to get adaption, the design must be original or novel. Original includes designs which though old in themselves yet are new in their application. A design which has been disclosed to the public anywhere in India or in any other country by publication in tangible form or by use or in any other substance prior to the date of filing date or the priority date are not eligible for modification.Similarly designs which is not significantly discriminable from known designs or combination of known designs or which comprises or contains scandalous or obscene matter are also not eligible registration. A design whitethorn be registered in more than one class. adaptation of design is to be done in the Design Office at Kolkata, only application can be submitted in any one of the Patent top executives at Chennai, Delhi or Mumbai. Appeals against the decisions of the Controller of Designs are to be made in a towering Court.When a design is registered, the registered owner of the design gets copyright on that design for a period of ten years. The registration can be renewed once only for five years. accommodation of a design makes it illegal for any person to apply or use the design on any article for sale or import of an article on which the design has been applied, without the licence of the registered proprietor. The penalty for piracy of design is payment of a sum not exceeding Rs . 25,000 to the registered proprietor and damages. Civil proceedings are to be instituted in a court not below that of a District Court.Design copyrights can be assigned or licensed. foxiness smilers The history of trade crossbreeding protection in India can be traced back to the Indian Merchandise object, Act 1889. identical similar legislations in the field of intellectual property rights, this was based on a British statute, in this case, the U. K. Merchandise attach Act, 1887. A proper trade degree law was introduced with the enactment of the commerce tag Act, 1940. This was later repealed when the get by and Merchandise Marks Act, 1958 was brought into force on 25th November 1959.This Act consolidated the provisions of the 1889 Merchandise Marks Act and the 1940 Trade Marks Act. The present Act is the Trade tag Act 1999 which was enacted keeping in view the obligations under the TRIPS Agreement. This Act, along with the Trade Marks Rules, 2002, was brought into force from 15 September 2003. As per the Trade Marks Act, for registration, a trade mark should be capable of being represented graphically and also of distinguishing the goods and dish outs of one person from those of others and may include mildew of goods, their packaging and ombination of colours. The Act provides for registration of evidence trade marks and collective trade marks. registration can be made in any one or more classes prescribed in the Rules. India follows the proficient classification of goods and run. India also recognises the concept of well known trade marks. A Trade Marks registry with plate at Mumbai with branches at Kolkata, Delhi, Chennai and Ahmedabad exists for registration of trade marks. lotion is to be submitted at the appropriate authorization depending on which part of the country the registered office of the applicant is situated. Marks which are innocuous of any distinctive character or which may serve to designate the kind, quality, quantity , think purpose, taxs, geographic origin or the time of production of the goods or rendering of the service or other characteristics of the goods or services, or which have become customary in the current language or in the bona fide and established practices of the trade pass on be refused registration.Further, marks which are of such personality as to deceive the public or cause confusion, or which contains or comprises of any matter likely to hurt the ghostlike susceptibilities of any class or deal of the citizens of India, or which comprises or contains scandalous or obscene matter or which are national emblems or names will also not be registered. In addition a mark consisting only of shape of goods which results from the nature of the goods themselves or the shape of goods which is necessary to obtain technical result or the shape which gives substantial value to the goods will also be refused registration.The registration is done after due examination and comparison w ith existing registered trade marks and after publication. Aggrieved persons can represent to the recording machine of Trade Marks before registration. The decisions of the Registrar of Trade Marks are appealable to the Intellectual Property appellate Board. Registration of a trade mark is reasonable for ten years, but it can be renewed from time to time. Registration gives the exclusive right to use that trade mark on the specific classes of goods or services to the registered proprietor.Use of a registered trade mark by an un classical person is infringement of the rights in that trade mark. Civil and criminal remedies akin to those of copyrights are available to the owners of the trade mark. In the case of trade mark, prior use claim is recognised by the Indian law. However, in the case of an unregistered trade mark, the court action will be for passing off the bless(prenominal)ing under the common law of torts. geographic Indications India enacted a sui generis legislation fo r the protection of geographic qualitys through a registration process in fulfilment of its obligations under the TRIPS Agreement.The geographic Indications of Goods (Registration and tax shelter) Act, 1999, along with the Geographical Indications of Goods (Registration and testimonial) Rules, 2002, was brought into force on 15th September 2003. The Act provides for registration of geographic quality of agricultural, natural or manufactured goods which identifies such goods as originating or manufactured in the territory of a country or a neighbourhood or topical anestheticity in that territory, where a given quality, reputation or other characteristic of such goods is essentially due to its geographical origin.Through an explanation, the Act clarifies that any name which is not the name of country, parting or locality of that country shall also be considered as the geographical indication if it relates to a specific geographical area and is used upon or in relation to par ticular goods originating from that country region or locality , as the case may be. The application for registration of a geographical indication is to be made to the Registrar of Geographical Indication.Any association or persons or producers or any organisation or authority established by or under any law for the time being in force representing the interests of the producers of the goods concerned, can apply for registration. The application will be examined, if necessary in character with a consultation group consisting of experts, and the pass judgment applications are advertised in the Geographical Indications Journal inviting objections if any. Opposition has to be filed within three months. The objections will be examined through a similar judicial process and depending on the outcome, a geographical indication is registered or not.Decisions of the Registrar of Geographical Indication are appealable to the Intellectual Property Appellate Board. The registration of a geo graphical indication is for a period of ten years but is renewable from to time without any limit. The Act also provides for registration of the authorised substance abusers of the goods in question. These registrations are also for ten year periods. Registration confers on the authorised user the exclusive right to the use of the geographical indication in relation to the goods in respect of which the geographical indication is registered.Any unauthorised use is an infringement. No infringement action can be taken against an unregistered geographical indication. The registered proprietor and authorised user can initiate the action for getting relaxation against infringement . The Government can propound the goods which are entitled for higher take aim of protection as per the TRIPS Agreement. Civil and criminal remedies, on the lines of such remedies for trade mark infringement are available for geographical indication infringements. Geographical Indication rights are not assign able.However, legal heirs, who produce or manufacture the goods in question as per the requirements, can inherit the rights. semiconductor structured Circuits Layout-Designs The Semiconductor combine Circuits Layout-Design Act, 2000 was enacted by India in quest of its obligations under the TRIPS Agreement. The Act, along with, the Semiconductor Integrated Circuits Layout-Design Rules 2001 was brought into force partially on initiatory May 2004. The Act provides for registration of layout designs of semiconductor integrated circuits.A layout-design which is not original or which has been commercially put-upon anywhere in India or in a convention country, or which is not inherently distinctive or which is not inherently capable of being distinguishable from any other registered layout-design will not be registered. Any person claiming to be the creator of a layout-design can apply to the Registrar of Layout-Designs for registration. Accepted applications will be advertised and an y person can file opposition to the registration within three months of the advertisement.Thereafter, after due quasi judicial proceedings only the application is registered. Decisions of the Registrar of LayoutDesign are appealable to the Layout-Design Appellate Board. Registration of a layout-design is sound for ten years from the date of filing or from the date of first commercial exploitation anywhere in any country whichever is earlier. The Act also provides for registration of authorised users. However, the authorised users do not have the right of assignment but only of use of the layout=design.Registration grants to the registered proprietor the exclusive right to the use of the layout-design and to obtain relief in respect of infringement. infringement of layout-design occurs when any person not being the registered proprietor or a registered user thereof, does any act of reproducing, whether by incorporating in a semiconductor integrated circuit or otherwise, a registere d design in its entirety or any part thereof. Infringements of the rights of a registered proprietor or authorised user are infringements which are penal offences.The quantum of penalties and punishments are similar to those of trade marks. safeguard of Plant Varieties In order to provide for the establishment of an effective system for protection of plant varieties, the rights of farmers and plant stock breeders and to encourage the outgrowth of new varieties of plants, the rampart of Plant Varieties and Farmers Rights Act,2001 was enacted. The Act provides for registration of any new mixture of plant which is novel, distinctive, uniform and stable. Extant varieties can also be registered subject to certain conditions.Applications for registration can be made by plant breeders or their assignees. Registration confers an exclusive right on the breeder or his successor, his agent or licensee, to produce, sell, market, distribute, import or export the commixture. However, resear chers are complete to use the mannikin for conducting experiment or research. Any person is also guiltless to use the variety as an sign source of variety for the purpose of creating other varieties. A farmer who has bred or authentic a new variety is also entitled for registration and other protection in like manner as a breeder of a variety under the Act.Registration of a new plant variety is valid for cardinal years from the date of registration in case of trees and vines and for fifteen years in other cases. Registration of an extant variety is valid for fifteen years only. Civil suit can be filed against infringers of the rights conferred by registration in district courts. Courts can grant relief such as injunction and at the option of the plaintiff, either damages or a share of the profits. False application of the denomination of a registered variety is an offence.First time such offences are punishable with imprisonment for a term which shall not be less than three m onths but which may extend to two years, or with fine which shall not be less than Rs. 50,000 but which may extend to Rs. 500,000. A person who has already been convicted of an offence under the Act is punishable for second and for every subsequent offence with imprisonment for a term which shall not be less than one year but which may extend to three years or with fine which shall not be less than Rs. 00,000 but which may extend to Rs. 2,000,000. Protection of biologic diverseness and Associated Traditional Knowledge In pursuance to the United Nations Convention on biologic renewing, 1992, India enacted the biological Diversity Act, 2002 with the objective of saving of biological diversity, sustainable use of its components and fair and equitable overlap of the benefits arising out of the custom of genetic mental imagerys. The Act, along with the Biological Diversity Rules, 2004, was brought into force fully on 1st July 2004.The Act contains detailed procedures and guideli nes for accessing biological diversity and associated traditional knowledge occurring in India, including near Prior Informed Consent for nettle and Fair and Equitable Benefit sacramental manduction Agreements. The Act provides for prior approval of the theme Biodiversity role for making any application for any intellectual property right, in or outside India, for any invention based on any research or information on a biological resource obtained from India.The National Biodiversity authority may, while granting the approval, impose benefit sharing fee or royalty or both or impose conditions including the sharing of financial benefits arising out of the commercial consumption of such rights. Further, all foreign nationals, non-resident Indians and firms, associations and organisations with non-Indian partnership require approval of the National Biological Diversity Board for accessing biological resources or knowledge associated thereto for research or for commercial utilis ation.For transfer of biological resource and associated knowledge also prior permission of the National Biodiversity Authority is required. The benefit sharing arrangements, inter alia, include grant of sum ownership of the intellectual property rights to the National Biodiversity Authority, or where benefit claimers are identified, to such benefit claimers. Intellectual Property memorial tablet In India, the intellectual property laws are administered by contrary Departments of the Central Government. The table below presents the departments which handle various intellectual property laws. Law DepartmentCopyright Act Higher Education Patents Act Industrial form _or_ system of government & Promotion Designs Act Industrial Policy & Promotion Trade Marks Act Industrial Policy & Promotion Geographical Indications of Goods (Registration and Protection) Act Industrial Policy & Promotion Semiconductor Integrated circuits Layout-Design Act Information Technology Protection of Plant Va rieties and Farmers Rights Act Agriculture and Cooperation Biological Diversity Act Environment and Forests Consequently, the administrative set ups for the different Intellectual Property laws are also different.The Copyright Act is administered by the Copyright registry at impudent Delhi. It is headed by the Registrar of Copyrights who is support by Deputy Registrars of Copyrights. A copyright Board exists for hearing appeals against the decisions of the Registrar of Copyright. The Patents Act, Designs Act, Trade Marks Act and the Geographical Indications of Goods (Registration and Protection) Act are administered by the Controller full general of Patents, Designs and Trade Marks (CGPDTM), Mumbai. Under the Controller customary are the Patents Office, the Design Wing, the Trade Marks Registry and the Geographical Indications Registry.The headquarters of the Patent Office is at Kolkata and there are branch offices at Chennai, New Delhi and Mumbai. The headquarters of the Trade Marks Registry is at Mumbai. It has branch offices at Ahmedabad, Chennai, Kolkata and New Delhi. The Design Wing of the Patent Office is at Kolkata. The Geographical Indications Registry is at Chennai. The Controller General is assisted by different levels of Controllers of Patents and Designs and Examiners in the patents and designs office and different levels of Registrars and Examiners in the trade mark and geographical indications registries.The Intellectual Property Appellate Board hears the appeals against the decisions of the Controller General of Patents, Designs and Trade Marks. The Protection of Plant Varieties and Farmers Rights Act is administered by the Plant Varieties and Farmers Rights Authority headed by a chairperson and consisting of fifteen Members. A Plant Varieties Registry headed by a Registrar General of Plant Varieties has been set up under the Authority to register the plant varieties. Decisions of the Authority or the Registrar can be appealed to the Plant Varieties Protection Appellate Tribunal.The Registrar of Semiconductor Integrated Circuits layout-Design administers the Semiconductor Integrated Circuits Layout-Design Act. Appeals against the decisions of the Registrar can be favored at the Layout-Design Appellate Board. The National Biodiversity Authority in Chennai administers the Biological Diversity Act and Rules. Under the Authority, State Biodiversity Boards and at local body level Biodiversity Management Committees exist. social rank of International Treaties and Conventions on Intellectual Property India is a member of all major(ip) international treaties and Conventions on Intellectual Property.These include the Berne Convention for the Protection of literary and Artistic Works, the Paris Convention for the Protection of Industrial Property, Agreement on Trade Related Aspects of Intellectual Property, Convention on Biological Diversity, Budapest Treaty on the International Recognition of the Deposit of Microorganisms f or the Purposes of Patent Procedure, Nairobi Treaty on the Protection of the Olympic Symbol, Patent Cooperation Treaty, Phonograms Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms, WIPO Convention and usual Copyright Convention. - 2 . Section 3(l) of the Patents Act, 1970.