A Short Note On Constructivism And International Institutions

Constructivism and International Institutions As technology leapt forward, facilitating and promoting the rapid spread of both goods and ideas throughout the world, the twentieth century saw the beginnings of true globalization and with it the birth of many international institutions. From organizations and documented agreements to global norms for state interaction, these institutions have changed the face of global politics and drawn analysis from all over the theoretical spectrum. Liberal theorists tend to hail international institutions as paving the way towards a lasting international peace, while realists attest that they are irrelevant, incapable of affecting hegemony-oriented state behavior. However, neither liberalism nor realism can fully account for the effectiveness or lack thereof of international institutions. Rather, focusing primarily on transnational activist networks and their efforts in Argentina in the 1970s, I argue from a constructivist perspective that by causing and encouraging states to interact more and more publically, international institutions create norms of state behavior that promote peace and human rights throughout the world. In liberal theories, international institutions play important and often successful roles in promoting peace through state-to-state interaction. As realist scholar Mearsheimer wrote in 1994, liberals â€Å"argue that institutions can change a state’s calculations about how to maximize gains† by establishing rules that alterShow MoreRelatedHuman Rights And International Law1961 Words   |  8 Pages Human rights and international law are part of the global society. However, that was not the case in nineteen forty-five, these norms were to start to have to mean in the global society. 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Operations management as a source of competitive advantage

Contents Executive Summary2 Introduction3 Section A4 Section B17 Recommendations21 Conclusion22 Appendices23 Bibliography26 Executive Summary The following assignment looks at operations management as a source for gaining a competitive advantage, operations management and TQM are defined and discussed as to their importancy in the organisation. The differing ways of gaining a competitive advantage are explained as is the way organisational structures and the implementation of technologies aid the building of these advantages. The Cambrian Conservatory and window world is used as an example of efficient operations management. Introduction Operations management is based around the decision-making associated with the use of†¦show more content†¦These costs will be heavily outweighed by the increase of net income achieved by the implementation of TQM. Cost cutting is not the only reason for TQM, the philosophy behind it agrees with the basic marketing concept. It is a philosophy that puts the consumer at the centre of the organisation. TQM states that it is essential to satisfy consumers needs to encourage customer satisfaction and in turn loyalty. The simple reason for consumer satisfaction is: if a customer is not satisfied with the product, he or she will not repeat purchase. Even worse, the consumer will not recommend other potential consumers to purchase. And if the consumer is very dissatisfied he/she will almost certainly go out of their way to tell other potential consumers not to purchase a certain product. By building TQM, we are gaining a competitive advantage of quality, the effects of having a good reputation for quality is easily seen in the Japanese electronics industry. The improvement of quality has meant the gradual building of their reputations from cheap and nasty to high tech and desirable and of course meant a huge increase in sales. See appendix 2 for Demings Chain reaction model of TQM. Types of competitive advantage Strategies based around competitive advantage see three main areas as important levels to compete on: *Differentiation (being better) *Cost leadership (being cheaper) *ResponseShow MoreRelatedThe Relationship Between Unique Resources and Competitive Advantage for Mega-Retailers1773 Words   |  7 PagesResources and Competitive Advantage for Mega-Retailers Introduction In an increasingly globalized marketplace, some corporations are succeeding while others are failing by virtue of a valuable competitive advantage. Although competitive advantages can assume a wide range of forms, they are typically characterized by a combination of skills and technology that provide improved efficiencies and economies that facilitate firm performance and profitability. In some cases, competitive advantages are readilyRead MoreGe Talent1121 Words   |  5 Pagesbeen able to develop management talent as a sustainable source of competitive advantage. How has it managed to do so? 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Principles of Commercial Law

Question: Discuss about the Principles of Commercial Law. Answer: Introduction Negligence has been regarded as a common law tort, which has been established by way of a case law. In Spite of being a modern tort it has been the most common law principle (The Law Handbook 2016, 2015). Under the Law of Tort, the concept of Negligence has been meant to be as a failure to take rational care to evade causing damage or harm to other individual. If a person i.e. the plaintiff alleges against another individual an act of negligence then he must show four essential elements which were present (Legal Aid, 2015). The plaintiff must prove that: There was a obligation on the individual to take reasonable care in that situation i.e. Obligation of Care; The act of the defendant in the situation did not meet the standard of care which a sensible individual would have met in the situations i.e Contravention of Duty; The applicant has suffered some harm or injury which a prudent individual in the situations could have been expected to foresee; The damage was caused by the violation of such duty (Hobart Community Legal Service Inc., 2013). The above mentioned elements which gave a right to a plaintiff to claim for damages from a defendant as established years ago in the precedent case of Donoghue v Stevenson [1932] UKHL 100. In this matter it was clearly stated that the applicant could claim from the defendant against an act if: The respondent owed a obligation of care against the plaintiff; The respondent contravened that duty; The applicant has suffered injury or loss as a result (Bugg, 2006). Duty A duty of care has been regarded as a lawful duty which was owed to evade causing harm and occur where injury was rationally foreseeable if care was not taken. There must also be a adequate association of proximity among the two individuals in order for a obligation of care to subsist (Legal Aid, 2015). The effect of certain matters relating to negligence relies upon the fact that whether the defendant owed to the plaintiff a obligation of care or not. Such a duty takes place when the law establishes that there has been an association among the respondent and the plaintiff. And as a result of this affiliation, the defendant must have obligated to act in a particular way towards the plaintiff. An adjudicator usually agrees on whether a respondent owed towards a plaintiff a duty of care. Where a prudent individual would find that a duty subsisted under a specific set of situations then the tribunal would usually find that such a duty subsisted. As per the Civil Liability Act 1936 there have been certain credentials on the obligation of care such as good Samaritans' and food donors. Therefore, individuals who were acting in an disaster circumstance without anticipation of imbursement or granting food for a generous aim were usually free from any type of civil liability. Such liability states that an individual did not act carelessly against another individual (Association of Chartered Certified Accountants, 2016). The Duty of care has been defined as a lawful responsibility not to cause injury against other individual. In Caparo Industries Plc v Dickman (1990) 2 AC 605 it was clearly stated that in order to determine whether an obligation of care susisted or not a three part test must be recognized. The first was insight, which means that there was a sensible consideration of impairment; the next was closeness, which means a close association existed among the applicant and the respondent. Lastly, it must be fair just and reasonable to entail an obligation and the tribunals must believe whether in all the situations it would be reasonable, fair and sensible that the law should inflict an obligation (Legal Services Commission of South Australia, 2013). In the present case Trevor owed a duty of care against Anna as she was one of the people who were to be protected as she was one among the individuals who were the team for the track. Breach In order to determine whether a obligation of care has been violated or not, the tribunal would look that there was a standard of care that was predictable in the situations was present or not. The standard of care could be resoluted by looking at what a prudent individual would have done (or not done) in the similar situations. Where a respondent has acted in an irrational manner or their proceedings fell well below the standard which was expected as they would be found to have violated their obligation of care (Australian Government, 2002). While shaping whether an obligation care has been contravened, deliberation must so be granted to the standard of care which was obligatory. Reasonable care must be taken to avert any predictable injury. As it was clearly specified in the matter of Bolam v Friern HMC (1957) 2 All ER 118, it was concluded that a doctor would not be guilty of carelessness if he has as per the requirement of the practice which was accepted as appropriate by a body of medical men who were accomplished in that specific art. Also, there must be a straight connection among the carelessness on the part of the respondent and the injury suffered by the applicant. This was defined as the injury must be as a result of the contravention of duty on the part of the respondent (Find Law, 2017). In the case of Baron Alderson in Blyth v Birmingham Waterworks (1856) it was established essentially that it could be impartially calculated by the test of a reasonable person that Negligence has been established as the act of error to do something which a prudent individual, directed upon those deliberations which customarily standardize the behavior of human relationships. As it states that what a person would have done, or do which a rational and sensible person would not have done (Legal Services Commission of South Australia, 2016). But as per the situation which prevails in the present case, there was a clear contravention of duty of care which was violated as Trevor left all the walkers alone. And he was lost in his work and got busy as a result of which he did not paid full attention towards all of the walkers. Also, after the time when the team returned after sunset when the forest was dark when Trevor clearly observed that there was a rare Marbled Frogmouth perched in a tree i.e. there was a foreseeable harm so, he should have warned the walkers regarding that harm. This was a clear breach of his duty which he owed towards all of the walkers. As duty to his negligent act Annas heal was caught on a tree root as a result of which she endured knee harm. Damage The plaintiff has been regarded as the individual who could claim damages. He may be the actual party who was injured, or may be a dependant who was claiming damages on behalf of the individual who was dead. The defendant on the other hand, was the individual who was suspected to have been neglectful or to have been accountable for such negligence (The Law Handbook 2016, 2015). There have been two aspects to all the assertions which were made by a person for damages for a negligent act such as: A plaintiff must establish that there was a fault of defendant as he acted in a negligent way; Once such liability has been established then the tribunal must then assess the sum of proper damages which has to be paid off. As they were usually be assessed as a lump sum amount on a once and for all basis. The lump sum amount could be assessed by adding mutually a number of amounts which were assessed under the heading of damages. It has been the tribunal which makes a division among special damages and general damages. Special damages: These were the damages which were paid off out-of-pocket expenses. It includes medical and ambulance cost, loss of salary to the date of examination, and other subsidiary costs such as home assistance. General damages: It includes loss of earning capacity in the future, soreness and pain, slaughter of pleasure of life and defacement. They were of their very character which was incompetent of accurate mathematical computations. It has been the tribunals who looks at these person features of universal costs and charge the appropriate sum of money that would be just and sensible to both the individuals to recompense the applicant (Find Law,2017). Similarly, in this case Anna could have claimed damage but it could not claim as there was a contributory negligence which was present. Defence In order to effectively defend oneself against a negligence claim, the respondent would make an attempt to contradict one of the constituents of the cause of action of the applicant (Find Law, 2017). In adding up, a respondent may depend on one of a few policies that may eradicate or restrict a responsibility which was founded on the basis of suspected carelessness (Hobart Community Legal Service Inc, 2013). There have been majorly three doctrines which could be used as a defense by the defendant against the assertion of the applicant for the act of negligence. The doctrines include contributory negligence, comparative liability, and supposition of danger. With the help of any of these doctrines an individual may not be found completely answerable as the other party also was also found neglectful. In this case there was a clear act of contributory negligence on the part of both the parties as the injured party was also found to have made a contribution to the injury which was caused. And such an act was defined as the act of Contributory negligence under tort which could be used by the defendant to protect himself against the allegation which was made by the plaintiff (Find Law,2017). As per this concept it was clearly stated that if a applicant has unsuccessful to take sensible care for their own protection or injury then they would be found contributorily neglectful. The sum of costs they could assert would be abridged as per the extent to which they were found to have contributed to the failure. In the matter of Badger v Ministry of Defence [2005] QBD D it was held that as the plaintiff did not take reasonable care for his own safety so it was observed that there was a contributory negligence against a defendant. Although, it was the duty of Trevor to take care of all the walkers as when Anna changed her shoes and wore her shoes he was observing the rare Marbled Frogmouth perched in a tree. But as Trevor specified clearly that all the walkers must wear the shoes which she neglected to follow so there was a clear act of contributory negligence. Remedies The principal remedy in all the cases of negligence would be a grant of damages. The damage caused to the applicant must be of a kind that was 'reasonably foreseeable'. In the matter of Overseas Tankship (UK) v Morts Dock and Engineering Co (The Wagon Mound) (1961) it was concluded that the defendants were not held liable since, the damage was foreseeable. It was observed that if the damage was reasonably foreseeable than the defendant would be liable. Under law, there have been three kinds of remedies such as damages, injunctions and restitution of property (A. Williams Co., 2017). Apart from some special or general damages there has been some punitive damages which could be offered to the claimant. In certain situations, if it was predominantly difficult to assess the damages that should be awarded to a applicant, in monetary terms, then the tribunals could can impose exemplary or punitive damages. Conclusion Therefore, it could be concluded at the end that in the present case as the harm was foreseeable and it was the plaintiff who did not take care of her own safety, so there was a mutual mistake on the part of both the parties. There was a breach of duty of care on the part of Trevor who left the walkers alone to a new location. But at the same time it could be stated that as it was clearly stated by Trevor to all the walkers that they must wear shoes as it was dangerous and it was Anna who carelessly disregarded his instructions. So, she could not held Trevor entirely liable for the injury. As being a rational individual she would also have taken immense care to follow and wear the shoes as it was told by Trevor to all the walkers. So, now Anna could not held Trevor entirely liable to sue in Negligence and claim 12 months in lost income and punitive damages to punish him. References Williams Co. (2017). Negligence Breach of Duty of Care. Retrieved on 16th January 2017 from: https://www.hg.org/article.asp?id=20316 Association of Chartered Certified Accountants. (2016).The Tort Of Negligence. Retrieved on 16th January 2017 from: https://www.accaglobal.com/in/en/student/exam-support-resources/fundamentals-exams-study-resources/f4/technical-articles/tort-negligence.html Australian Government. (2002). Foreseeability, Standard of Care, Causation and Remoteness of Damage. Retrieved on 16th January 2017 from: https://www.treasury.gov.au/ConsultationsandReviews/Reviews/2002/~/media/Treasury/Consultations%20and%20Reviews/Reviews%20and%20Inquiries/2002/Review%20of%20the%20Law%20of%20Negligence/Key%20Documents/PDF/Foreseeability.ashx Bugg, T. (2006). Negligence and damages personal injury, property damage and pure economic loss. Retrieved on 16th January 2017 from: https://www.lawcouncil.asn.au/lawcouncil/images/LCAPDF/speeches/20060526Negligenceanddamages.pdf Find Law. (2017). Contributory and Comparative Negligence. Retrieved on 16th January 2017 from: https://injury.findlaw.com/accident-injury-law/contributory-and-comparative-negligence.html Find Law. (2017). Defenses to Negligence Claims. Retrieved on 16th January 2017 from: https://injury.findlaw.com/accident-injury-law/defenses-to-negligence-claims.html Find Law. (2017). Elements of a Negligence Case. Retrieved on 16th January 2017 from: https://injury.findlaw.com/accident-injury-law/elements-of-a-negligence-case.html Find Law. (2017). Proving Fault: What is Negligence?. Retrieved on 16th January 2017 from: https://injury.findlaw.com/accident-injury-law/proving-fault-what-is-negligence.html Hobart Community Legal Service Inc. (2013). Defences to the Tort of Negligence. Retrieved on 16th January 2017 from: https://www.hobartlegal.org.au/tasmanian-law-handbook/accidents-and-insurance/negligence/defences-tort-negligence Hobart Community Legal Service Inc. (2013). Negligence and the Duty of Care. Retrieved on 16th January 2017 from: https://www.hobartlegal.org.au/tasmanian-law-handbook/accidents-and-insurance/negligence/negligence-and-duty-care Legal Aid. (2015). Negligence, duty of care and loss. Retrieved on 16th January 2017 from: https://www.legalaid.qld.gov.au/Find-legal-information/Personal-rights-and-safety/Injury-loss-and-compensation/Negligence-duty-of-care-and-loss Legal Aid. (2015). Negligence. Retrieved on 16th January 2017 from: https://www.legalaid.wa.gov.au/InformationAboutTheLaw/BirthLifeandDeath/Personalinjury/Pages/Negligence.aspx Legal Services Commission of South Australia. (2013).What is negligence?. Retrieved on 16th January 2017 from: https://www.lawhandbook.sa.gov.au/ch29s05s01.php Legal Services Commission of South Australia. (2016). Negligence. Retrieved on 16th January 2017 from: https://www.lawhandbook.sa.gov.au/ch01s05.php The Law Handbook 2016. (2015). Negligence and injury. Retrieved on 16th January 2017 from: https://www.lawhandbook.org.au/10_01_00_negligence_and_injury/ The Law Handbook 2016. (2015). Negligence, liability and damages. Retrieved on 16th January 2017 from: https://www.lawhandbook.org.au/10_01_01_negligence_liability_and_damages/

Toss A Pebble In A Pond -see The Ripples Now Drop Two Pebbles Close T

Toss a pebble in a pond -see the ripples? Now drop two pebbles close together. Look at what happens when the two sets of waves combine -you get a new wave! When a crest and a trough meet, they cancel out and the water goes flat. When two crests meet, they produce one, bigger crest. When two troughs collide, they make a single, deeper trough. Believe it or not, you've just found a key to understanding how a hologram works. But what do waves in a pond have to do with those amazing three- dimensional pictures? How do waves make a hologram look like the real thing? It all starts with light. Without it, you can't see. And much like the ripples in a pond, light travels in waves. When you look at, say, an apple, what you really see are the waves of light reflected from it. Your two eyes each see a slightly different view of the apple. These different views tell you about the apple's depth -its form and where it sits in relation to other objects. Your brain processes this information so that you see the apple, and the rest of the world, in 3-D. You can look around objects, too -if the apple is blocking the view of an orange behind it, you can just move your head to one side. The apple seems to "move" out of the way so you can see the orange or even the back of the apple. If that seems a bit obvious, just try looking behind something in a regular photograph! You can't, because the photograph can't reproduce the infinitely complicated waves of light reflected by objects; the lens of a camera can only focus those waves into a flat, 2-D image. But a hologram can capture a 3-D image so lifelike that you can look around the image of the apple to an orange in the background -and it's all thanks to the special kind of light waves produced by a laser. "Normal" white light from the sun or a lightbulb is a combination of every colour of light in the spectrum -a mush of different waves that's useless for holograms. But a laser shines light in a thin, intense beam that's just one c olour. That means laser light waves are uniform and in step. When two laser beams intersect, like two sets of ripples meeting in a pond, they produce a single new wave pattern: the hologram. Here's how it happens: Light coming from a laser is split into two beams, called the object beam and the reference beam. Spread by lenses and bounced off a mirror, the object beam hits the apple. Light waves reflect from the apple towards a photographic film. The reference beam heads straight to the film without hitting the apple. The two sets of waves meet and create a new wave pattern that hits the film and exposes it. On the film all you can see is a mass of dark and light swirls -it doesn't look like an apple at all! But shine the laser reference beam through the film once more and the pattern of swirls bends the light to re- create the original reflection waves from the apple -exactly. Not all holograms work this way -some use plastics instead of photographic film, others are visible in nor mal light. But all holograms are created with lasers -and new waves. All Thought Up and No Place to Go Holograms were invented in 1947 by Hungarian scientist Dennis Gabor, but they were ignored for years. Why? Like many great ideas, Gabor's theory about light waves was ahead of its time. The lasers needed to produce clean waves -and thus clean 3-D images -weren't invented until 1960. Gabor coined the name for his photographic technique from holos and gramma, Greek for "the whole message. " But for more than a decade, Gabor had only half the words. Gabor's contribution to science was recognized at last in 1971 with a Nobel Prize. He's got a chance for a last laugh, too. A perfect holographic portrait of the late scientist looking up from his desk with a smile could go on fooling viewers into saying