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Tuesday, August 25, 2020
Relatioship with smart phones; Mass communication Essay
Relatioship with advanced cells; Mass correspondence - Essay Example Moreover, it can do a large portion of the things a PC can do, for example, perusing the web; one can get to long range interpersonal communication destinations like Facebook and Tweeter, download music and even sit in front of the TV (Kroski 2008, p.18). They are likewise used to decide to what social class an individual has a place â⬠the better and the later oneââ¬â¢s iPhone is, the higher this personââ¬â¢s social class is, in peopleââ¬â¢s judgment. In spite of their favorable circumstances, iPhones have contrarily added to physical social cooperation and made reliance and undesirable enslavement in clients, which seems to predict the decrease of some of humanitiesââ¬â¢ fundamental abilities, for example, hand printing. On account of iPhones, individuals can speak with others without being truly present, and this has prompted them consigning the significance of eye to eye discussion in relational correspondence. This regularly happens when somebody has awful news to convey and may pick to abstain from sharing it up close and personal, so he/she doesn't need to manage another personââ¬â¢s responses. Thusly, individuals with correspondence fears and the individuals who are anxious during discussions will discover comfort in the utilization of iPhones, may never conquer them, and might be effectively falling into web compulsion (Shepherd and Edelmann 2001, p. 520). Henceforth, correspondence is hindered in that except if one is utilizing video conferencing, which isn't normal, one can't get prompt nonverbal input, and this makes correspondence deficient. Tragically, this likewise makes lying simpler since the beneficiary of the data isn't aware of the signals that will permit him/her to recognize tr ickery. Thinking about the utilization of messages and messages in correspondence, our composing abilities will continue crumbling, particularly with innovation, for example, iPads being acquainted with small kids in school. Most of young people, particularly in created nations, once in a while utilize a pen since they can send a book or email, which one can type on their iPhones. Furthermore, there is
Saturday, August 22, 2020
Monkey and Banana free essay sample
Monkey And Banana Google Search Results : 34,900,000 Monkey Want Banana Shopping Cart HeroMany have attempted. Many have fizzled. Do you have the stuff to be a saint? Accessible on the web, and now for your iPhone and iPod contact! | Yahoo Search Results : 37,900,000 Monkey and banana issue From Wikipedia, the free reference book Jump to: route, search The monkey and banana issue is a celebrated toy issue in man-made brainpower, especially in rationale programming and arranging. Contentsâ [hide]â * 1 Formulation of the issue * 2 Purpose of the issue * 3 References * 4 See also| [edit] Formulation of the issue A monkey is in a room. Suspended from the roof is a lot of bananas, past the monkeys reach. Nonetheless, in the room there are additionally a seat and a stick. The roof is the perfect stature so a monkey remaining on a seat could wreck the bananas with the stick. The monkey realizes how to move around, heft different things around, go after the bananas, and wave a stick noticeable all around. We will compose a custom paper test on Monkey and Banana or on the other hand any comparative theme explicitly for you Don't WasteYour Time Recruit WRITER Just 13.90/page What is the best grouping of activities for the monkey to take to obtain lunch? In different variations, the bananas are in a chest and the monkey must open the chest with a key. [edit] Purpose of the issue There are numerous utilizations of this issue. One is as a toy issue for software engineering. Another conceivable motivation behind the issue is to bring up the issue: Are monkeys smart? The two people and monkeys can utilize mental maps to recall things like where to go to discover safe house, or how to dodge risk. They can likewise recall where to go to assemble food and water, just as how to speak with one another. Monkeys have the capacity not exclusively to recollect how to chase and accumulate yet to learn new things, similar to the case with the monkey and the bananas: in spite of the way that the monkey may never have been in an indistinguishable circumstance, with the equivalent rtifacts within reach, a monkey is equipped for reasoning that it needs to make a stepping stool, position it beneath the bananas, and move up to go after them. How much such capacities ought to be attributed to intuition or learning involves banter. In December 2007, a pigeon was seen as having the ability to tackle the issue. [1] References 1. ^ A Pigeon Solves the Classic Box-and-Banana Problem. YouTube. 2007-12-24. The roof is the perfect stature so a monkey remaining on a seat could wreck the bananas with the stick. The monkey realizes how to move around, heft different things around, go after the bananas, and wave a stick noticeable all around. What is the best arrangement of activities for the monkey to take to secure lunch? In different variations, the bananas are in a chest and the monkey must open the chest with a key. [edit] Purpose of the issue There are numerous utilizations of this issue. One is as a toy issue for software engineering. Another conceivable motivation behind the issue is to bring up the issue: Are monkeys canny? The two people and monkeys can utilize mental maps to recall things like where to go to discover safe house, or how to maintain a strategic distance from threat. They can likewise recollect where to go to assemble food and water, just as how to speak with one another. Monkeys have the capacity not exclusively to recollect how to chase and accumulate however to learn new things, similar to the case with the monkey and the bananas: notwithstanding the way that the monkey may never have been in an indistinguishable circumstance, with similar curios nearby, a monkey is fit for inferring that it needs to make a stepping stool, position it underneath the bananas, and move up to go after them.
mathew shepard :: essays research papers
I imagine that Mathew Shepard was a decent individual. That inept church fellow that said gays are abhorrent, Mattââ¬â¢s in heck, and stuff like that are the ââ¬Å"evil individuals. Itââ¬â¢s not shrewd to be gay. All that stuff strict individuals state about gays is nothing that truly is valid. The strict individuals take in everything that the holy book says about everything so hard. The holy book wasnââ¬â¢t even composed by god. The individuals that beat Matthew up were simply raised to loathe gays. Itââ¬â¢s not option to slaughter a gay individual for hitting on you, and thatââ¬â¢s not even what it seemed like. Sounds like there were simply being dumb. They seemed like they were simply doing it for quick money or something. Realizing that somebody would do something like this isnââ¬â¢t that extraordinary. It feels like this world is loaded with despise. Receptacle Ladin, the Matthew Shepard thing, and the rundown goes on. The genuine explanation I think stuff like this goes on is on the grounds that individuals arenââ¬â¢t raised right and the guardians uncover the awful stuff, and thatââ¬â¢s why many individuals slaughter. Thatââ¬â¢s what I think caused Matthew Shepardââ¬â¢s demise. The guardians were not generally excellent if the children consumed medications and slaughtered and beat individuals up. The guides thing didnââ¬â¢t shock me. For my entire life Iââ¬â¢ve been told from different spots that 1 out of 5 gay men have helps. First I caught wind of it in school in 6th graduate I think. At that point I hear it on the radio. At that point I hear it on the TV. Matthew Shepard appeared to be a decent individual. Doesnââ¬â¢t have unfortunate propensities to the extent I saw. The occurrence made me consider how individuals utilize the word gay or fag. I have utilized those words a great deal. I utilized them in the feeling of idiotic and ahole. At the point when I was frantic thatââ¬â¢s what I would state. You canââ¬â¢t help saying it. You hear it constantly. I never utilized it to affront a gay individual. I heard at my old fashioned a large number of times. I donââ¬â¢t think Iââ¬â¢ll utilize that word any more.
Friday, August 21, 2020
The role of humor in conveying a spiritual message Free Essays
Amusingness shows up as a significant part of writing, since it gives pressure adapting techniques and derides crime, passing on hypertextual otherworldly or moral messages and speaking to human cognizance just as to feeling. The paper is intended to talk about the job of cleverness in delineating certifiable otherworldliness and uprightness, specifically, in Boccaccioââ¬â¢s ââ¬ËThe Decameronââ¬â¢. The Decameron presents an integrative viewpoint of social ethos, principally â⬠through scrutinizing the current qualities and looking for choices. We will compose a custom paper test on The job of funniness in passing on an otherworldly message or on the other hand any comparative point just for you Request Now Ethical quality and otherworldliness are not really depicted as authoritative opinions, yet rather as the fundamental method of taking care of troublesome circumstances and freeing from troubling conditions. Boccaccio finds that the most helpful and dependable strategy for demonstrating the need of observational utilization of general human qualities is drawing nearer to social pathology from inverse. The storytellers, step by step, exhibit that duplicity and deceit either bring extra issues legitimately to an individual or just transform into foolish or strange story. For example, the fourth story, described on the main day, delineates the dissimilarity between the ââ¬Ëholinessââ¬â¢ of priests and their authentic conduct, which is a long way from perfect (Boccaccio, 2004). The priest is found erring, in other words, his transgression merits the most extreme discipline, however the hero figures out how to dispose of any duty, putting the fault upon the abbot. From one perspective, the peruser is truly stunned by the characterââ¬â¢s creativity, yet seeing the circumstance all the more comprehensively, it is conceivable to assume that the circumstance itself is amazingly ungainly, so it would be progressively sensible to maintain a strategic distance from it through after moral standards, built up for the specific social gathering. In mental terms, this strategy is known as conduct learning â⬠for example the peruser, rather than learning the genuine examples of esteemed conduct, gets the information about devaluated activities, which merit cultural rebuke. Another conspicuous case of passing on otherworldly message through utilizing humor is the third circumstance, introduced on the third day. In this story the young lady, fascinated of a man, makes the conditions, wherein she can satisfy her inclination through abusing the standards of heavenly admission (Boccaccio, 2004). In this sense, the hero normally manhandles the strict fundamentalism, however this intense activities is by all accounts supported by the storyteller and the creator, since disregarding the comic and somewhat upsetting conditions, where she tosses her darling, her craftiness plan at long last permits her to uncover her actual sentiments, which shows that the principles and social securities are frail against the extremely solid inclination and that otherworldliness can some of the time disregard exacting and inflexible cultural standards. The tenth novel of the third day (in the same place) proceeds with the counter Catholic epopee, as it describes about the maltreatment of chastity. Its amusing tone, be that as it may, is focused on strict authoritative opinions can't cover up or hinder the genuine human instinct â⬠in this sense, the story shows the brokenness of administrative foundation and along these lines offers social standards concerning marriage as an option in contrast to strict creeds, which show up as dramatic execution (ââ¬Ëputting the Devil into the hellââ¬â¢). All the more strangely, the second novel of the fourth day gives the intelligent continuation of the theme, as it exhibits the reasonable interrelation between the monkââ¬â¢s wrongdoing and the subsequent discipline. This story consistently supplements the way that certified ethical quality and otherworldliness are compensated through delineating the execution of discipline, merited by real and supreme ââ¬Ëwickednessââ¬â¢. Once more, its diverting mentality towards the circumstance permits the peruser to assess the protagonistââ¬â¢s activity as far as recognizing ââ¬Ërightââ¬â¢ and ââ¬Ëwrongââ¬â¢. To summarize, Boccaccioââ¬â¢s stories are especially significant as far as passing on good and otherworldly messages, since they permits the peruser to make suitable inferences by him/herself through examining human encounters, without forcing fake or abstractive ethical quality. Works refered to Boccaccio, G. Decameron, 2004. The most effective method to refer to The job of cleverness in passing on a profound message, Essay models
Thursday, August 6, 2020
Dysthymia in Children as a Depressive Disorder
Dysthymia in Children as a Depressive Disorder GAD Treatment Print Dysthymia in Children as a Depressive Disorder By Lauren DiMaria linkedin Lauren DiMaria is a member of the Society of Clinical Research Associates and childhood psychology expert. Learn about our editorial policy Lauren DiMaria Medically reviewed by Medically reviewed by Steven Gans, MD on August 05, 2016 Steven Gans, MD is board-certified in psychiatry and is an active supervisor, teacher, and mentor at Massachusetts General Hospital. Learn about our Medical Review Board Steven Gans, MD Updated on February 24, 2020 Depression Overview Types Symptoms Causes & Risk Factors Diagnosis Treatment Coping ADA & Your Rights Depression in Kids JPCreative / Getty Images Dysthymia, also known as dysthymic disorder or DD, is a milder but chronic depressive disorder that is sometimes seen in children. The Course of Dysthymia Like other depressive disorders, the course of dysthymia varies in children. While the DSM-IV criteria require a child to experience symptoms for at least one year to be diagnosed with dysthymia, the median dysthymic episode for children is 3.9 years. Approximately 3 percent of children meet the criteria for dysthymia. However, some researchers argue that an even higher percentage of children have DD. The chronic nature of dysthymia makes it easy for parents to mistakenly attribute the symptoms to a childs personality. Children with DD may not complain of feeling depressed or sad because they do not recognize their mood as being different from what they normally feel. Symptoms Symptoms of DD are similar to those of major depressive disorder, but are less severe and are less likely to impair daily functioning. Symptoms of Dysthymic Disorder in Children Depressed moodSadnessFeelings of hopelessness and/or worthlessnessWithdrawal from friends and familyLow self-esteemEating or sleeping pattern changesUnexplained physical ailmentsLack of concentrationThoughts or action of self-harm or suicideInability to experience pleasure or joyIrritabilityRestlessness or fatigue Despite the milder symptoms of dysthymia, it is still thought that its chronic nature may interfere with a childs development of interpersonal relationships, positive self-esteem, and problem-solving skills. Signs Your Child Is Depressed Recovery and Double Depression Recovery for children with dysthymia is likely. However, the majority of children will have another dysthymic episode in the future. Approximately 75 percent of children who experience a dysthymic episode will also experience a major depressive episode, a shorter but more severe depressive disorder. When a child who has dysthymia experiences a major depressive episode, the combination is called double depression. Factors that may increase a childs likelihood of developing double depression were identified by Dr. Daniel Klein and colleagues in a 10-year follow-up of children with dysthymia. Identified risk factors were: First dysthymic episode at a young ageCo-existing anxiety disorderStrong family history of major depressive disorderPoor early relationship with motherHistory of sexual abuseUnderlying personality disorder It has been noted that children with double depression may have shorter episodes of major depressive disorder. According to Dr. Kovacs and colleagues, this is because it is easier for a child to return to a baseline mood of dysthymia, or mild depressive symptoms, than a baseline with no presence of depressive symptoms. Nonetheless, all depressive disorders require treatment in children. What Parents Should Know About Childhood Depression Seeking Help Like other depressive disorders, dysthymic disorder is associated with serious short- and long-term consequences, such as poor academic and social performance, substance abuse, and increased risk of suicide. Of course, not all children with dysthymia will experience negative outcomes, but given the association, treatment is recommended. Treatment options for children with dysthymia are typically psychotherapy, medication, or a combination approach. Be sure to talk to your childs pediatrician or other mental health providers if she has symptoms of dysthymia or another depressive disorder. Depressive disorders should never be left untreated in children. The Consequences of Untreated Childhood Depression
Sunday, June 28, 2020
Racial Discrimination Within the Welfare System - Free Essay Example
When Franklin D. Roosevelt was nominated president in 1933, he acted fast to provide relief to those who were in need. On June 8, 1934, Roosevelt sent a message to congress that guaranteed a plan for social insurance as a safety net ââ¬Å"against the hazards and vicissitudes of life.â⬠Then, only fourteen months later, on August 14, 1935, President Franklin Roosevelt signed the Social security Bill in into law (Martin and Weaver). The Social Security Bill enabled several states to make more adequate arrangements for people over sixty-five, blind people, crippled adults and children, public health, and unemployment compensation. The act also included programs that promoted the health and welfare of children. Under this, Welfare was created. Welfare is a government program that gives financial aid to people who canââ¬â¢t support themselves. Welfare is paid by tax payersââ¬â¢ money, and because of this, many people find the welfare system susceptible to be being taken advantage of. Although many people think this, many facts prove that to be untrue or hypocritical. The welfare system has been discriminatory since it has been created, which in return has led to discrimination for minorities in everyday life. During the 1930ââ¬â¢s and 40ââ¬â¢s racial discrimination made it almost unimaginable for blacks to get involved in programs such as Aid to Dependent Children (ADC), which would allow low income families to get financial aid to support their children. In fact, at this time the majority of single mothers using ADC were Caucasian. Due to the extreme hatred of minorities at this time in history, it was unimaginably hard for especially blacks to earn and income. So, they were taking any job they could get. Because of this, many were paid in cash, which made them unqualified for social programs such as ADC. These issues continued, and even got worse through the 50ââ¬â¢s and 60ââ¬â¢s (Carten). The 50ââ¬â¢s and 60ââ¬â¢s was known as the time of prosperity. The economy grew by about 37% during this time. By the end of the decade, the average American family had about 30% more purchasing power than ever before (Shmoop). While life improved for whites, it was quite the opposite for blacks. Black women were particularly discriminated against in the welfare system at this time. There were different requirements and rules such as the ââ¬Å"man in the house rule,â⬠where workers would check to see if a man was in the house at any time of the night, and if he was, welfare benefits would be taken away. This was quite unconstitutional but allowed and accepted in the southern states. There were also requirements that the welfare recipient had to have an exceptionally clean house. If this was not followed through, welfare workers could take welfare away from the recipients (Ackerman). Because of these strict laws in the south, many single-parent black families tried to move to the north hoping for a better life, with better welfare, but that was proved to be difficult. Housing was hard to come by because of residency requirements. Many ââ¬Å"desirable neighborhoodsâ⬠were too expensive or didnââ¬â¢t accept blacks at all. This resulted in pushing blacks into the slums of the north (Library of Congress). As previously stated, if the welfare recipientsââ¬â¢ housing was not a good environment, they would not be able to continue to receive welfare benefits, and because the blacks were being pushed into the slums, some could not receive welfare checks, leaving them extremely poor and having no where to turn. Eventually, presidents retreated from the safety net philosophy that was enforced in earlier decades. Specifically, Ronald Reagan enforced New Federalism. New Federalism is the transfer of certain powers from the federal government to the states government. As shown above, when the welfare system was in the states hands, it did not go well. Regan had a philosophy that poor people were poor because of their own misfortune, they didnââ¬â¢t need assistance, and that they could only help themselves if they wanted to get better. Because he believed this, he made plenty of budget cuts under New Federalism. The 1982 cuts exceeded 20% in many of the programs introduced since the 1960ââ¬â¢s that were designed to help the unprivileged. These programs included AFDC, Food Stamps, Medicaid, education aid, Low-income Energy Assistance, and training and employment programs. Itââ¬â¢s estimated that the typical mother on welfare who worked had a 20 to 30 percent decline in their monthly income (Danziger and Haveman). ââ¬Å"Blacks will suffer disproportionately from the Reagan programs because a higher proportion of blacks are poorer than whites, a greater proportion will be affected by the reductions,â⬠(Danziger and Haveman). Then, Reagan went onto expose a woman who allegedly took advantage of the welfare system. Reagan said, ââ¬Å"Thereââ¬â¢s a woman in Chicago. She has 80 names, 30 addressees, 12 Social Security cards and is collecting veteransââ¬â¢ benefits on four nonexistent deceased husbands. Sheââ¬â¢s got Medicaid, is getting food stamps and welfare under each of her names. Her tax-free cash income alone is over $150,000.â⬠Although some people believed that Reagan was using this as campaign strategy, since it wasnââ¬â¢t actually proven, this still reinforced black stereotypes among white people. Which then lead to discrimination, and problems within the system throughout the 90s. During the 90s, welfare was no longer about the people. It turned into politics. In 1996, the Republican-controlled Congress passed the Temporary Assistance for Needy Families Block Grant of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. This was known as the ââ¬Å"welfare reform.â⬠ââ¬Å"Welfare reform in 1996 had little to do with poverty; it had a lot to do with racialized politics of poverty. Conservatives declared that anything was better than the old welfare system for poor women and that their plans for tough work requirements and time-limited benefits was a policy of hope. What they were really interested in was politically exploiting the issue and painting the Democrats as defenders of ââ¬Ëamoralââ¬â¢ black women in ghettos. Liberals rationalized welfare reform as necessary, but they also understood it to be a way of banishing race, and racialized poverty, from the political lexiconâ⬠(Brown 47). In fact, Jared Bernstein of The Washington Post claims, ââ¬Å"It was and is about convincing a group of voters that, while youââ¬â¢re working hard to make ends meet, somebodyââ¬â¢s making a bundle ripping off the system. And that somebody is an ââ¬Å"other,â⬠a minority or an immigrant.â⬠So, since the welfare debate was now politically fueled, poor families, which was now mainly made up of minorities, were harshly treated and punished. With the new welfare reform bill in place, there were new requirements in the system. Single mothers were required to get a job two years after they started getting benefits. Then, they could only receive the benefits for up to five years for the rest of their lives. Also, teenage mothers were no longer allowed to receive benefits. To add to that, ââ¬Å"States were banned from using federally funded TANF for certain groups of immigrants and restrictions were placed on their eligibility to Medicaid, food stamps and Supplementary Social Security Incomeâ⬠(Carten). Because of these requirements, many people were left without the help they needed. This has caused issues within the system today. Evidently, welfare has been a struggle for minorities since 1935. Despite the longevity, there are still issues within the system today. There is an over-representation of children of minorities within the welfare system. ââ¬Å"In 2017, the State of California had 11,301 Black children in dependency care which was 23.8% of the total number of children in care (California Child Welfare Indicators Project, (2018). This becomes the true definition of disproportionality, when Black children only make up about 592,333 (7%) of the entire state of Californiaââ¬â¢s population but make up 23.8% of the total number of children in careâ⬠(Long 1). Many believe that minority families face more disadvantages in the welfare system compared Caucasians. Disadvantages such as systematic circumstances that minorities canââ¬â¢t necessarily change, and this causes the disproportionate representation in the welfare system. This disproportionality is also due to the lack of cultural comp etency within the welfare system (Font qt. In Long 2). For example, although a major portion of welfare recipients are of minority groups, the adults who provided social services to these children are predominantly white. The welfare system claims that for over a decade, they have been trying to raise ââ¬Å"awareness and sensitivity.â⬠ââ¬Å"Additional efforts have sought to increase knowledge and understanding about the unique aspects of the history and culture of specific groups, primarily African Americans and Latino Americans. These efforts however, have not addressed culturally effective practice in a comprehensive and sustained manner, and have been inadequateâ⬠(Jackson and Brissett-Chapman 252). Furthermore, a substantial amount of minority families who live in undesirable communities are prone to constant surveillance by police or other reporters that make child welfare reports more often. This also causes social worker bias, and harsh treatment from welfare workers (Long 2). Although the issues today are slightly different than those in the twentieth century, they still need to be solved. Ideally, cultural competence needs to be instilled into every welfare worker.
Saturday, May 23, 2020
Legal and institutional obstacles - Free Essay Example
Sample details Pages: 7 Words: 2160 Downloads: 8 Date added: 2017/06/26 Category Law Essay Type Review Did you like this example? Research Proposal EFG Ajayi Abstract It is settled that of all the modes of transportation, viz., air, land and sea, carriage of goods by sea is the most economical way to take sizeable quantities of cargo over long distances. The development of special vessels of immense sizes and propulsion to carry various cargoes has continued to make transportation by sea more attractive. The economic principle of comparative advantage and globalization has given impetus to international trade and commerce and carriage of goods by sea is the means towards the actualization of international trade which of course, is indispensable to mankind; despite the advantages attributable to sea carriage, there are international concerns regarding the multiplicity of legal and institutional hurdles faced by cargo interests with respect cargo loss or damage; the myriad of rules that are impediments to equitable cargo claims is the issue which this study shall critically examine as well as proffer recommendations to frontally reverse the extant inequality between cargo interests, carriers and other stake holders in the global contract of ocean carriage. 1. Title: Legal and institutional obstacles to marine cargo claims against shippers, consignees and parties claiming under their title. 2. Background and outline of the research problem: The fact that the exchange of goods and services is an important aspect of human life is beyond controversy; that activity dates back to history as attested by à ¢Ã¢â ¬Ã
âtrade by barterà ¢Ã¢â ¬Ã during the stone ages; in modern times, countries of the world are not equally endowed with human and natural resources, more importantly, the economic principle espoused by comparative advantage on one hand, the free market economy and globalization on the other, has made international trade and inter-governmental commercial transactions, an indispensable aspect of human life. The maritime industry could apt ly be described as the à ¢Ã¢â ¬Ã
âgate-way to the global economyà ¢Ã¢â ¬Ã due to volume of goods carried by sea which accounts for the bulk of trade and commerce between nations of the world. To lend credence to the above assertion, it is necessary to emphasize the fact that Trade and Commerce have become internationalized which of course makes carriage of goods by sea, indispensable. The sea transport industry plays a major role in world economy; the industry is an engine for growth and a generator of quality human life, a fundamental element to maintain the vitality of sea transportation in order to reap the immense benefits thereof, is to ensure equitable and a balanced terms of contract to the parties and stake holders involved in the global transaction. The extant inequality amongst the parties in ocean transportation transaction is the principal issue which this research sets out to critically examine. 3. Literature review and reasons for choosing the topic As highlighted above to the effect that comparative advantage and globalization has internationalized trade and commerce, carriage of goods by sea is the veritable vehicle or conduit pipe towards the actualization of international trade, however, there are concerns across the globe regarding the almost insurmountable legal and institutional hurdles faced by cargo interests when cargo loss or damage arises; the multiplicity of the rules militating against successful cargo claims either by litigation or through Alternative Dispute Resolution methods are diverse, nay, various jurisdictions apply various rules embodied in the contract of ocean carriage. More importantly, though it is an unassailable fact that international trade is facilitated through shipping but there is no uniform rule regulating the global contract of sea carriage, in effect, rather than have one rule applicable internationally, three carriage regimes namely the Hague, Hague-Visby and Hamburg are in operation de pending on whichever of the rule a cargo carrier chooses; cargo interests thus have no choice than abide with the carriersà ¢Ã¢â ¬Ã¢â ¢ choice, be that as it may, the practical application of the three rules concurrently had fettered and continue to do incalculable damages to free trade, it engenders uncertainty and prompts avoidable litigations worldwide. It is on this note that this research intends to embark on a beneath-the-surface analysis of marine cargo claims so as to bring to the fore the anomalous state of affairs, ipso facto, fill the knowledge interstitial and proceed to make recommendations which hopefully, would redress the shortcomings of the current global maritime law and practice. It is necessary to earmark at this juncture that the à ¢Ã¢â ¬Ã
âRotterdam ruleà ¢Ã¢â ¬Ã which is the latest international effort targeted at uniformity and in consonance with modernity and which to a large extent, addresses some of the apparent shortcomings of the outda ted but extant international carriage regimes, that is the Hague, Hague-Visby and Hamburg rules is underway, but not yet in force. 4. Research questions In order to gain insight into the lopsided state of international carriage laws, the following questions shall be investigated in the course of this research: What is marine cargo claims, what warrants them, what is their nature, source, scope and complexities; why is the onerous burden of proof placed on cargo owners when most often, cargo is not in their custody but in the custody of carrier or port authorities; what is à ¢Ã¢â ¬Ã
âdocumentationà ¢Ã¢â ¬Ã à ¢Ã¢â ¬Ã
âlong roomà ¢Ã¢â ¬Ã à ¢Ã¢â ¬Ã
âport congestionà ¢Ã¢â ¬Ã and à ¢Ã¢â ¬Ã
âport surchargeà ¢Ã¢â ¬Ã in maritime transactions, does the foregoing concepts delay cargo shipping and delivery and do they add to the cost of shipping which are ultimately on-passed to hapless consumers and end users of shipped goods, what is à ¢Ã ¢â ¬Ã
ânautical fault defenseà ¢Ã¢â ¬Ã is it in the interest of cargo or the carrier, what is à ¢Ã¢â ¬Ã
âphysicalà ¢Ã¢â ¬Ã à ¢Ã¢â ¬Ã
âfortuitousà ¢Ã¢â ¬Ã and à ¢Ã¢â ¬Ã
âexternalà ¢Ã¢â ¬Ã loss or damage in marine policies, does the application of à ¢Ã¢â ¬Ã
âutmost good faithà ¢Ã¢â ¬Ã principle in marine insurance contracts engender a balanced relationship between the insurer and insured; it is settled law, that where there is a loss there is a claim, but does the practical application of restitio in integrum concept in marine insurance really effective and in the best interest of cargo owners? What are obstacles to marine cargo claims, does obstacles to marine cargo claims inhibits trade between persons, organizations and nation-states and if the answer is in the affirmative, what efforts are being made internationally to achieve a uniform rule with respect to mitigating the negative effect of obstacles to marine cargo claims o n international trade and commerce, what is à ¢Ã¢â ¬Ã
âcarriersà ¢Ã¢â ¬Ã¢â ¢ limitation of liabilityà ¢Ã¢â ¬Ã and à ¢Ã¢â ¬Ã
âpackage limitationà ¢Ã¢â ¬Ã in whose interest were they inserted into contract of sea carriage and what is their effect on cargo interest, why is it that the carriers and insurers are not held liable for leakage and breakage or for any loss caused by rats or vermin and what is forum non convenience? What is the length of time allowed to initiate cargo claims; is there uniformity in the time frame allowed internationally, is the said time length equitable or justified in all circumstances warranting their continued imposition, and have they improved or worsen the economic and socio well-being of cargo interests; what is the meaning of pre-action notice, what is their purpose or utility in maritime transactions, do they frustrate genuine cargo claims and do they deny litigants of their constitutional right of access to courts, why i s the economic loss occasioned by delay of ocean going vessels foreclosed to claims, is this the law or custom and practice and for whose benefit is this clause inserted into ocean carriage contracts? Are there other dispute resolution mechanisms aside from litigation to resolve marine cargo claims; if so, are the said mechanisms equitable and justifiable in all circumstances, are there situations where judgment debtors default in complying with court judgments and outcomes of arbitral awards especially when the offending party is out of jurisdiction, what is the meaning of à ¢Ã¢â ¬Ã
âexclusive jurisdiction clauseà ¢Ã¢â ¬Ã and à ¢Ã¢â ¬Ã
âchoice of location for Arbitration sole determination by the carrier,à ¢Ã¢â ¬Ã does the right of access to court of choice by cargo interest or Arbitration hampered by à ¢Ã¢â ¬Ã
âexclusive jurisdiction clauseà ¢Ã¢â ¬Ã and à ¢Ã¢â ¬Ã
âunilateral choice of location for Arbitration by the carrierà ¢Ã¢â ¬Ã , does enforcement of arbitration clauses in support of bill of lading go against third parties claiming under the title of shippers and consignees especially where there are sub-bailment to which the concerned shipper or consignee is not a party ab initio, and does the time tested doctrine of law: verba fortius acci piuntur contra proferentem apply to maritime cases? 5. Research design The research is non-empirical; it shall be based on conceptual analysis and the review of relevant literature; and maritime trade by its nature being a cross jurisdictional transaction, the study shall majorly be premised on comparative and critical analysis of established legal principles, rules and doctrines. 6. Research methodology Qualitative research approach shall be used the research being a non-empirical one; for the requisite data and information, Conventions, Treaties, Case Law Reports, Journals, Internet, Articles, Historical records, and Textbooks on Maritime Law and global trad e shall be used. The contents of the above materials shall be subjected to critical analysis. 7. Structure of Thesis Chapters Chapter 1 : Introduction Chapter 2 : Obstacles arising from carriersà ¢Ã¢â ¬Ã¢â ¢ acts Chapter 3 : Obstacles attributable to port authorities, warehouses, cargo custodians etc Chapter 4 : Obstacles posed by insurance companies for shippersà ¢Ã¢â ¬Ã¢â ¢ and consigneesà ¢Ã¢â ¬Ã¢â ¢ Chapter 5 : Obstacles for third parties claiming under shippers and consignees titles Chapter 6 : International trade and Maritime Law Chapter 7 : Steps towards unification of International Maritime Law Chapter 8 : Conclusion Delineations and limitations This research shall only consider cargo claims carried via the sea in containers and covered by the carrierà ¢Ã¢â ¬Ã¢â ¢s Bill of Lading, in other words, the contribution will not consider cargoes carried in bulk or in any other form(s) even if such cargoes are covered by Bill o f Lading. 8. References 8.1: Legislation Admiralty Jurisdiction Procedure Act, 1991 Laws of the Federation of Nigeria Admiralty Jurisdiction Procedure Rules, 1993 Laws of the Federation of Nigeria Athens Convention on the carriage of passengers and their luggage by sea 1974 and 1976 Protocol Convention on Limitation of Liability for Maritime Claims, 1976 Instituteà ¢Ã¢â ¬Ã¢â ¢s Cargo Clause (All Risks) International Convention for Safe Containers, 1972, as amended International Convention on Limitation of Liability 1957 Marine Insurance Act, 1906 Laws of United Kingdom Merchant Shipping (Liability of Ship-ownersà ¢Ã¢â ¬Ã¢â ¢ and others) Act 1958, Laws of UK New York Convention Protocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims, 1976 The Carriage of Goods by Sea Act Cap 44 of the 1990 Laws of the Federation of Nigeria The Nigeria Ports Act, 1999 The Hague Rules (1924) The Hague-Visby Rul es (1968) The Hamburg Rules (1978) The Rotterdam Rules (2009) 8.2: Case Law Air-cool Metal Industries (Nig.) Ltd V. Nigerian Ports Authority (1974) NSC Vol. 1. Alluvials Mining Machinery V SStowe (1922) 10 L Rep. 265 Asia Trading Co. Ltd V Nigeria Ports Authority (1983) NSC Vol. II Bandrett V Hentigg (1816) Holt N. P. 149 British South Africa V. Compagnia De Mozambique (1893) A. C. 602- p. 17 Broadline Enterprises Ltd. V. Monterey Maritime Corp. (1995) 9 NWLR 1 Castellain V. Preston (1883) 11 Q B D 380 Commercial Union V. Lister (1874) 9 Cg. App 483 Container Trans Intl V. Oceanus Mutual Underwriting (CTI) (1984) I Lloyds Rep. 476 Demetraides Co. V. Northern Assurance Co. (1926) 21 LL.L Rep. 265 Firemanà ¢Ã¢â ¬Ã¢â ¢s Fund Insurance V Tropical Shipping (2001) CA Gulfstream Cargo Ltd. V. Reliance Insurance Co., The Papoose (1997) I Lloyds Rep.178 Mareva Compania Naveria S. A, International Bulk Carriers Ltd (1975) 2 Lloydà ¢Ã¢â ¬Ã¢â ¢s Rep. 509 Midland Railway Company V Local Board District of Withington (1882) Q.B.D.788 at 794 Nigeria Cement Ltd V. Nigeria Railway Corporation Anor (1992) 1 NWLR Pt. 220) 747 Nigeria Ports Authority V Construzioni (1974) 12 SC 81 Pan Atlantic Insurance Co. Ltd. V. Pine Top Insurance Co. Ltd (1994) 3 All ER Provincial Ins. Co. V Morgan (1933) AC 240, contra proferentem per Lord Russel at p. 250 Sonnar (Nig) Ltd. Anor. V. Patemereederi M.S. Norwind Ors (1987) 9 11 S.C. 121 Spliethoffà ¢Ã¢â ¬Ã¢â ¢s Bevrachtingskantoor B. V. V A.G of the Federation and Ors (1988) FHC Thames and Mersey Marine Ins. V. Gunford Ship Ltd (1911) A. C. 529 The Bold Buccleugh (1851) 13 ER 884 P. 890 The Fehman (1958) 1 W. L. R. 159 The River Rima (1988) 2 Lloydà ¢Ã¢â ¬Ã¢â ¢s Rep 193 The Tolten (1964) 2 All E. R. 370 West minister Bank Ltd. V. Edwards(1942) A. C. 529 Yorkshire Insurance Co. Ltd V Nisbet Shipping Co. Ltd. (1961) 2 All ER 408 8.3 : Literature Books Brown, Robert H.: Marine Insurance Volume 2. Cargo Practice 5th Ed. ISBN 13: 978-1-85609-132-9 January 1996 Bernstein (1977): Handbook of Arbitration Dispute Resolution Practice, 4th Edition, Sweet Maxwell, 2003 Christopher Hill: Maritime Law, 4th Ed. Lloydà ¢Ã¢â ¬Ã¢â ¢s of London Press, 1995 E. R. Hardy Ivamy: General Principles of Insurance Law, 5th Ed. London: Butterworth Co 1986 Halsburyà ¢Ã¢â ¬Ã¢â ¢s Law of England 4th 5th Edition, edited by Rt. Hon Lord Mackay, LexisNexis Butterworth, UK, 1991 Hare, J: Shipping Law and Admiralty Jurisdiction in South Africa. 2nd Edition 2009 ISBN 9780702179464 B. Harnett, The Doctrine of Concealment: A Remnant in the Law of Insurance, 15 Law Contemporary Problems. 391-414 (1950) Prof C. M. Schmitthoff: The Export Trade 7th Edition, The Law and Practice of International Trade, London, 1980 Prof. Oyerokun: Insurance Law in Nigeria, IQRA Books, Nigeria 2001 Roberty Matthews Paul Ol iver: Marine and Aviation Insurance London, 1988 Shipping Law: Robert Grime Sweet Maxwell (1995) William Tetley, Maritime Liens Claims, 2nd Edition 1998 William Tetley: International Maritime Admiralty Law January 2003 Editions Yvon Blais ISBN 9782894516126 Journals Admiralty and Maritime Law Guide: Circuit Court Admiralty Cases All English Report Australian and New Zealand Maritime Law Journal International Journal of Insurance Law Journal of Maritime Law and Commerce Lloyds Law Report Internet www.imo.org 1 Donââ¬â¢t waste time! Our writers will create an original "Legal and institutional obstacles" essay for you Create order
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