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€š ¬Ã…“trade by barterà ¢Ã¢â€š ¬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€š ¬Ã…“gate-way to the global economyà ¢Ã¢â€š ¬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€š ¬Ã¢â€ž ¢ 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€š ¬Ã…“Rotterdam ruleà ¢Ã¢â€š ¬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€š ¬Ã…“documentationà ¢Ã¢â€š ¬Ã‚  à ¢Ã¢â€š ¬Ã…“long roomà ¢Ã¢â€š ¬Ã‚  à ¢Ã¢â€š ¬Ã…“port congestionà ¢Ã¢â€š ¬Ã‚  and à ¢Ã¢â€š ¬Ã…“port surchargeà ¢Ã¢â€š ¬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€š ¬Ã…“nautical fault defenseà ¢Ã¢â€š ¬Ã‚  is it in the interest of cargo or the carrier, what is à ¢Ã¢â€š ¬Ã…“physicalà ¢Ã¢â€š ¬Ã‚  à ¢Ã¢â€š ¬Ã…“fortuitousà ¢Ã¢â€š ¬Ã‚  and à ¢Ã¢â€š ¬Ã…“externalà ¢Ã¢â€š ¬Ã‚  loss or damage in marine policies, does the application of à ¢Ã¢â€š ¬Ã…“utmost good faithà ¢Ã¢â€š ¬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€š ¬Ã…“carriersà ¢Ã¢â€š ¬Ã¢â€ž ¢ limitation of liabilityà ¢Ã¢â€š ¬Ã‚  and à ¢Ã¢â€š ¬Ã…“package limitationà ¢Ã¢â€š ¬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€š ¬Ã…“exclusive jurisdiction clauseà ¢Ã¢â€š ¬Ã‚  and à ¢Ã¢â€š ¬Ã…“choice of location for Arbitration sole determination by the carrier,à ¢Ã¢â€š ¬Ã‚  does the right of access to court of choice by cargo interest or Arbitration hampered by à ¢Ã¢â€š ¬Ã…“exclusive jurisdiction clauseà ¢Ã¢â€š ¬Ã‚  and à ¢Ã¢â€š ¬Ã…“unilateral choice of location for Arbitration by the carrierà ¢Ã¢â€š ¬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€š ¬Ã¢â€ž ¢ acts Chapter 3 : Obstacles attributable to port authorities, warehouses, cargo custodians etc Chapter 4 : Obstacles posed by insurance companies for shippersà ¢Ã¢â€š ¬Ã¢â€ž ¢ and consigneesà ¢Ã¢â€š ¬Ã¢â€ž ¢ 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€š ¬Ã¢â€ž ¢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€š ¬Ã¢â€ž ¢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€š ¬Ã¢â€ž ¢ 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€š ¬Ã¢â€ž ¢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€š ¬Ã¢â€ž ¢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€š ¬Ã¢â€ž ¢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€š ¬Ã¢â€ž ¢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€š ¬Ã¢â€ž ¢s of London Press, 1995 E. R. Hardy Ivamy: General Principles of Insurance Law, 5th Ed. London: Butterworth Co 1986 Halsburyà ¢Ã¢â€š ¬Ã¢â€ž ¢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 Don’t waste time! Our writers will create an original "Legal and institutional obstacles" essay for you Create order

Essay on Jay Gatsby’s Dangerous Illusions in The Great Gatsby

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Like most controversial issues the majority of people haveRead MoreIs Death Penalty Justified?995 Words   |  4 PagesBaral 1 Prayash, Baral Menchaca 12:30 T-TH Final Draft W.C. = 995 Is Death Penalty Justified? Death penalty is the capital punishment given to the person where a person is put to death who has done crime or involved in a crime. It is for those people who is doing the crime intentionally. It is given by the government to the traitors, murderer and so on. The sentence is vindicated by the type of offense committed. There are certainRead MorePros And Cons Of Capital Punishment1237 Words   |  5 PagesCapital Punishment INTRODUCTION Each year there are around 250 people added to death row and 35 executed. The death penalty is the most severe method of penalty enforced in the United Sates today. Once a jury has condemned a criminal of a crime they go to the following part of the trial, the punishment phase. If the jury recommends the death penalty and the judge coincides, then the criminal will face some form of execution. Lethal injection is the most common process of execution used today. ThereRead MoreThe New Style Of Lecturing Now1243 Words   |  5 Pagesopportunities and extreme goals have lead to a high percentage of 75% test takers, including graduate students and high schools students that have agreed amongst this crime which surprisingly has being evolving as technology and higher requirements in society grows. The result of heavy workloads, Intense GPAs and risky temptations has resulted in an increase, 20% during the 1940s vs. 80% during the 2000s, which has shocked both many others and me. Such inc lined numbers have led to increases in academicRead MoreThe Death Penalty Is Justified1143 Words   |  5 PagesObjective paper on the death penalty Capital punishment is legally authorized killing as punishment for a crime. The death penalty questions the morality of killing a person as justification for their crime. It also brings to question whether the death penalty actually serves as a deterrent for crime, and that some of the people executed are found innocent afterwards. The debates over the constitutionality of the death penalty and whether capital punishment should be used for retribution are also addedRead MoreShould The Death Penalty Be Legal?1638 Words   |  7 Pagesdebatable topic than ever. Although some people think capital punishment, just like death penalty, is a inhuman act which against human s rights for life and it is too cruel to give the criminals another chance to live a new life. I suppose capital punishment is still an effective way to deter violent criminals, because it can give comfort to the victims and their families. Also, death penalty gives citizens the right message, that is, punishment is pro portionate to crimes. 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Dowry, an Investment System Free Essays

Dowry system is when the bride’s family gives goods, money, or estate to her husband and his family during marriage (E. Pauls Prine (Ed. ), 2008). We will write a custom essay sample on Dowry, an Investment System or any similar topic only for you Order Now This practice is mostly common in South Asia, specifically the Indian culture (E. Pauls Prine (Ed. ), 2008). On the other hand is the practice of bride price system which is where the husband gives cattle, land or goods in exchange for a woman’s hand in marriage (Schwimmer, 2002). This is mostly practiced in Africa among traditional households, where it is a price for the economic services and children a woman adds to another family (Schwimmer, 2002). Dowry and bride price are mostly practiced in exchange for the bride’s well being (E. Pauls Prine (Ed. ), 2008). There is a strong possibility that a wife might be mistreated if the dowry was not enough or satisfying for the groom’s family (E. Pauls Prine (Ed. ), 2008). Most times if the husband leaves or mistreats his wife the dowry is to be returned to her (E. Pauls Prine (Ed. ), 2008). It is also used as a means to discharge a husband of his duties to provide well for his wife, this is most common in marriages where two young people are wedded (E. Pauls Prine (Ed. ), 2008). Although the practice of dowry from the bride’s family to the groom’s is a norm in the Indian culture it the opposite for the African culture. Where as in Africa a groom’s family gives bride price to the bride’s family. These practices seen in the context of their culture are completely normal, but seen from a modern perspective are primitive and inhumane since they resemble a system of slave exchange (Schwimmer, 2002). This is due to the over turn in the practice in the twentieth century. In South Asian culture dowries have been demanded and paid to the groom’s family conjugating the term â€Å"groom price† (Maitra, 2007). In India it is evident that there is a great inflation in dowry practice (Maitra, 2007). There was also an evident increase in violence against brides who were unable to fulfill the dowry payment demanded (Maitra, 2007) . This was against the fact that in 1961 there was a Dowry Prohibition Act which made it illegal to give dowries (Maitra, 2007). This has flamed many women’s rights issues due to many cases of mistreatment of brides in India (Dowry system in, 2010). It is also criticized because it is not to provide for the bride in unforeseen circumstances but to appease the groom’s family’s greed (Dowry system in, 2010). For example, it was reported by the Vancouver Sun that a bride had died and her 13-month old daughter had suffered severe burns after the bride’s family started a fire after being dissatisfied with the dowry (Nelson, 2012). The article also highlighted that such dowry dissatisfaction causes for deaths of up to 8, 000 women in India each year (Nelson, 2012). Therefore, even though there is awareness of the cause of such mistreatment against women in India it is still a norm to practice dowry which can possibly put a daughter’s life in danger. Where as in the African culture the system of bride price is most practiced. Here bride payments are mostly interpreted as the wealth received by the bride’s family which compensates for the daughter that will be of economic use and will bare children for another family (Schwimmer, 2002). Among the Dani of New Guinea there are 3 occasions where a groom must give a bride’s family valuables, such a cattle or shells (Schwimmer, 2002). First, when the groom marries the bride and she starts working on his farm; second, when the groom has sexual rights to the bride and consummates the marriage; third, when his wife bears a child (Schwimmer, 2002). In the Igbo culture of South Africa, bride price is considered as the payment to have fertile woman and if the bride is not fertile or chooses to leave the marriage before producing children she must return the wealth given to her family by the groom (Schwimmer, 2002). With such cases of bride price many men choose marry many women and it is usually the older man that marry before the young (Schwimmer, 2002). This is due to the fact that older men have had the time to accumulate more wealth and necessary resources to pay for a bride (Schwimmer, 2002). Such practices have also raised cases where the brides have been divorced or are infertility so the families of the bride have to return the price paid to the groom (Schwimmer, 2002). For example, in the Zulu culture in South Africa there is an exchange of cattle among the groom and the bride’s father or brother (Schwimmer, 2002). This exchange is called lobola and has to be returned if the bride is divorced or cannot bare children (Schwimmer, 2002). Also, in such cultures when a son receives his first lobola from his daughter’s marriage he must give it to his father as repayment for his marriage (Schwimmer, 2002). These practices observed by outsides would resemble much to slave exchange; morally this is wrong yet it is normally practiced in South Africa because of its wide acceptance in the culture (Schwimmer, 2002). In conclusion, from an anthropological point of view there is a cultural norm set by traditions and human greed which causes for such immoral practices of dowry and bride price. Although, these practices are considered a norm in these cultures, an outsider observing would be very shocked to see such inhumane treatment of women. This is a type of degradation which is still to this day present even with government laws which prohibit against it (Dowry system in, 2010). In order for such practices to become a rarity and not a norm a strong education system for women is important this is a suggestion and an observation an anthropologist would make with a moral leniency. Bibliography: Nelson, D. (2012, 10 16). Woman dies in dowry spat. The Vancouver Sun. Retrieved from http://www. vancouversun. com/Woman+dies+dowry+spat/7395783/story. html Woman in coma after suicide attempt dies in sardarnagar. (2012, 10 30). Times Of India. Retrieved from http://timesofindia. indiatimes. com/city/ahmedabad/Woman-in-coma-after-suicide-attempt-dies-in-Sardarnagar/articleshow/17012521. cms Dowry system in india. In (2010). Country Facts Information. Kwintessential Ltd. Retrieved from http://www. kwintessential. co. uk/articles/india/Dowry-System-in-India/3024 Dowry. In (2008). E. Pauls Prine (Ed. , Encyclopedia Britannica. Retrieved from http://www. britannica. com/EBchecked/topic/170540/dowry Maitra, S. (2007). Dowry and bride price. In (2nd ed. ). International Encyclopedia of the Social Sciences. Retrieved from http://dept. econ. yorku. ca/~smaitra/SMaitra_IESS. pdf Schwimmer, B. (2002, 05). Bride wealth. Retrieved from http://www. umanitoba. ca/faculties/arts/anthropology/tutor/marriage/bride_wealth. html (Schwimmer, 2002) Brid ewealth. In (2012). Encyclopedia Britannica. Retrieved from http://www. britannica. com/EBchecked/topic/79255/bridewealth How to cite Dowry, an Investment System, Essay examples

Individualism or Collectivism - Click to Get Sample Solution

Question: Write an essay on Cultural Distance and Integration in International Management? Answer: Introduction In this assignment the chosen company on which the cultural distance and integration of international market will be discussed is TESCO. To analyze the cultural difference, the two best models is Hofstede and Trompenaars. These two models help in understanding the cultural differences of the employees of that company when they are working in two different countries. Both Hofstede and Trompenaars models mainly look into the matter that how people try to adopt them in a totally new environment that is totally different from their culture. They mix the culture of an organization with the culture of the nation and proceed to see that how the employees are adjusting them to the new culture and environment (Hofstede, 2011). Hofstede culture dimension of Tesco This culture dimension is segregated into six criterias. In case of Power distance dimension, there is no individualism in the society. The employees of Indian culture express their attitude within the organization and also towards the inequalities among them. The UK people do not involve themselves in among all types of classes where Indian people involve them in everything (Akanni and Ahammad, 2015). Individualism or Collectivism When it comes for individualism India ranks less than the rank of UK. Indian people believe in collectivism while UK mainly believes in individualism. The work culture of UK is very private while for the Indian culture they like to work with many people as they like to work with the group of people. The index of UK is more because they mainly believe in working alone but for the score for India is less as they believe in societies and collectivism (Alkailani, Azzam and Athamneh, 2012). Masculinity or Feminity UK scores high when the employees are measured, and it indicates the competition among the employees. The UK people are very competitive, but the Indian employees are not that competitive as the UK people. When the country is scoring high, then it can be said that the dominance side of an organization of that country is very high whereas when the core is less the dominance side of that country is low. The dominance side of Tesco India is much less than the dominance side of UK. Uncertainty Avoidance In Country like India and also the people of this country always tries to avoid the uncertainty that is coming their way. UK people are happy go lucky people they try to avoid tension but for the case of India they take tension easily. So, the score for this dimension is more for India in case of UK. Long term or Short term investment Both the countries believe in long term investment. The score is almost same for this country. They always think of their long term investment that will benefit them in their future. Indulgance In case of Indulgence the UK people believes in humanity and they involve themselves in many social responsibilities, and they believes in positivism whereas for India they are much behind UK as the economic strength of India is not that good so before involving themselves they have to think a lot (Kragh, 2012). Fons Trompenaars Model of TESCO: Trompenaars is further disturbed by the idea of culturally relations import at the individual stage of the study, afterward. This model carries a seven dimension of culture, which communicate well with a nationwide difference. The seven dimensions are the following: Universalism v particularism: Universalism focused on their rules, values, codes, etc. On the other hand, particularism thinks that human relations are much more important than the rules, ethics. For Tesco UK people are focused more toward rules, moral, ethics but Indian people think that maintain a relation is more important than following rules (Parente, Baack and Hahn, 2011). Individualism v Collectivism: In Tesco, UK people believe more toward individualism because their working culture is totally different. They think employees can work individually better than the group. On the other hand Tesco India, people think that working in a group is the best option to survive in the communitarian (Singh, Joshi and Mandhan, 2014). Neutral v affective: Tesco UK people are not emotionally attached with everybody because they think that showing emotion is not a good option while working in the organization. They think that employee should behave formally. On the other hand Tesco India, Indian people are more attach toward think so, they get affected due to some critical situation. People in India are formal, but they are more emotionally attached to the particular situation (Tang, 2012). Specific vs diffuse: Tesco UK analysis the whole situation after that they start working on those particular areas so that they can build their organization well. On the other hand Tesco India thinks that specific or small information are also important while building the organization. Achievement v ascription: In Tesco UK, people feel achievement when their colleagues appreciate on their working culture as well as reveal their knowledge accomplishment. On the other hand, Tesco India people feel proud when they achieve a single title related to their job. Time Orientation: Tesco UK, People, are very punctual in the working environment, they think that being in time is the good habit, and every individual should follow the every rules and regulation of the environment. On the other hand Tesco India, people are punctual but sometimes they are lazy toward their work. They are irregular at some point. Internal v external control: Tesco UK, they have an internal culture because employee believes that what occurs to them is their responsibility. On the other hand, Tesco India people have an external culture in which the surroundings outline their providence (Vidal-Suarez and Lopez-Duarte, 2013). Conclusion: While concluding, as per describe the researcher describe the two model of cultural dimension i.e. Hofstede and Trompenaars model. On the other hand, both these technique is fairly controversial and perceptibly defective. Consequently they should learn to utilize the survey and the database correctly. References Akanni, M. and Ahammad, M. (2015). National Cultural Distance and International Acquisition Performance. JOEBM, 3(2), pp.183-187. Alkailani, M., Azzam, I. and Athamneh, A. (2012). Replicating Hofstede in Jordan: Ungeneralized, Reevaluating the Jordanian Culture. IBR, 5(4). Hofstede, G. (2011). Dimensionalizing Cultures: The Hofstede Model in Context. Online Readings in Psychology and Culture, 2(1). Kragh, S. (2012). The anthropology of nepotism: Social distance and reciprocity in organizations in developing countries. International Journal of Cross Cultural Management, 12(2), pp.247-265. Parente, R., Baack, D. and Hahn, E. (2011). The effect of supply chain integration, modular production, and cultural distance on new product development: A dynamic capabilities approach. Journal of International Management, 17(4), pp.278-290. Singh, V., Joshi, P. and Mandhan, S. (2014). Concept Integration using Edit Distance and N-Gram Match. IJDMS, 6(6), pp.01-11. Tang, L. (2012). The direction of cultural distance on FDI: attractiveness or incongruity?. Cross Cultural Management, 19(2), pp.233-256. Vidal-Suarez, M. and Lopez-Duarte, C. (2013). Language distance and international acquisitions: A transaction cost approach. International Journal of Cross Cultural Management, 13(1), pp.47-63. Yildiz, H. (2014). Not All Differences Are the Same: Dual Roles of Status and Cultural Distance in Sociocultural Integration in Cross-border MAs. Journal of International Management, 20(1), pp.25-37.

Childbirth in the Australian Context

Question: Discuss about the Childbirth in the Australian Context ? Answer : Introducation It is important for a pregnant woman to understand the nutritional requirements for the proper development of the fetus and in order to maintain maternal health. Several changes to the diet are required so that all the nutritional needs of the developing fetus are met and food deficiencies do not compromise the health of the mother and the fetus. But just as undernourishment is harmful, overweight and obesity during pregnancy have to be avoided. Consumption of foods from all the five groups has to be ensured. Intake of Calcium, Iron and Folate and Zinc are important to meet the developmental needs of the fetus. Weight gain through the duration of the pregnancy should be gradual and consistent. Undue increase in weight can occur if high calorie foods containing saturated fats and sugar are consumed. Junk foods that are high in added salt have to be avoided too. Counselling of pregnant mothers through short lessons on nutrition is an effective method for disseminating information and a nswering questions about nutrition that expectant mothers might have. The aim of the lesson is to educate expectant mothers in Australia about the importance of taking a balanced diet and ensuring that their own nutritional needs and the nutritional requirements of the fetus are met. As a result of attending the lesson the participants will be able to - explain the importance of consumption of fruits and vegetables - describe how important it is to consume dairy and proteins - enlist the foods that contain grains - express the importance of drinking water - identify foods that may contain excess salt, sugar or saturated fats or bacterial pathogens. It is important for expectant mothers to take a balanced diet for the proper development of the fetus. On the one hand food must be rich in nutrients like folate, iron and vitamins and on the other consumption of excess calorie rich foods can cause gestational weight gain (Bookari, Yeatman, Williamson, 2016). An assessment of the knowledge and adherence to guidelines on diet yielded results that were not satisfactory. Although pregnant women were highly motivated and understood the importance of nutrition, their adherence to proper nutrition was poor (Bookari, Yeatman, Williamson, 2017). The information about the necessity to meet the dietary recommendations of micronutrients like iodine was found to be inadequate. The health professionals require more training in how to to counsel pregnant women about meeting dietary recommendations (Lucas, Charlton, Brown, Brock, Cummins, 2014). The importance of nutrition education programs has been felt across population subgroups and expectan t mothers form an important subgroup (Hendrie, Coveney, Cox, 2008). The unmet need of balance between nutrition and physical activity during pregnancy can cause overweight and obesity. It has been found that only 50% of pregnant women receive counselling on nutrition causing low consumption of fruit and higher consumption of sugar containing soft drinks and unhealthy take-away meals (de Jersey, Nicholson, Callaway, Daniels, 2013). It is important that when a brochure on nutrition is given to the client, instructions about how to refer to the information should be a part of the counselling by the midwife. If the brochure is handed over and not referred to during the counselling it is very unlikely that the client will follow the instructions printed in the brochure (Geraghty, Lindsay, Alberdi, McAuliffe, Gibney, 2015). Among pregnant adolescents the knowledge about healthy eating is there but they find it difficult to give up unhealthy foods. If they are trained in the company of other adolescents as their peers to choose better foods, given lessons in cooking and choosing affordble and healthy foods, they are more likely to adhere to advice about nutrition (Wise, 2015). The major nutritional requirements during pregnancy can be met by consumption of vegetables and legumes. A variety of vegetables of different colours should form part of the diet. More than 7 servings of fruit a day should be part of the dietary intake. Grain (preferably whole) is a source of energy and can be obtained from cereals, polenta, pasta, rice, pasta or noodles. Lean meat, such as, poultry or tofu and beans/legumes are good sources of nutritional protein. An adequate intake of dairy products that include milk, yoghurt or cheese also ensures optimal health of pregnant mothers and the fetus. Drinking plenty of water is necessary. It is recommended that expectant mothers should reduce the intake of saturated fats, added sugar and salt. Foods that can contain these ingredients are chips, biscuits, processed meats, cakes, pies and pastries. It is a healthy practice to avoid popular junk food, such as, pizzas and burgers crisps, potato chips and fried and savoury packaged snacks. Rather than consuming saturated fats it is better to consume mono- and poly-unsaturated fats that can be obtained from nuts, sedds, nut butters, avocados and olives. It is important to red food labels carefully and avoid buying and consuming foods that have higher salt content. With careful selection it is possible to buy foods that have lower concentration of salt. Several categories of drinks contain high amounts of added sugar. These include soft drinks, fruit juices, energy and sports drinks, confectionary and compotes - these drinks are best avoided because they provide hardly any nutritional benefits but add a lot of calorie count to one's intake. It is important for pregnant women to avoid alcohol altogether. Important guidelines also address the issue of food safety, since pregnant women are at a higher risk of food poisoning, they should avoid consumption of food that is likely to contain pathogens. Bean sprouts should be consumed only after thorough cooking, sandwich meats and soft cheeses like feta and camembert are best not consumed. Raw eggs or half-cooked eggs may be contaminated with Salmonella. Several varieties of fish may be contaminated with mercury and may be consumed in small quantities once a week or once a fortnight only. Hard cheeses can be safely consumed. It is important to ensure intake of fibre through the consumption of fruits and vegetables to prevent constipation, a common occurrence during pregnancy (/n55h_healthy_eating_during_pregnancy.pdf, 2013). The use of various kinds of teaching aids that may be visual or audio-visual are necessary because these form concrete experiences that accelerate learning and are likely to be retained by the learner for a longer period. The use of audio-visual aids in the dissemintion of nutrition information to pregnant women can be effective. Rather than using abstarct imagination concrete perceptual images deliver the message more effectively. Teaching aids can include power point presentations with pictures. Videos can be embedded in the presentation or shown separately. Flip charts, black boards, white boards, flash cards, posters and bulletin boards can be used as visual teaching aids. Paper handouts, brochures, pamphlets and flash cards can be used to disseminate information. Projector slides or transparencies can also be used effectively as visual aids (Weiss, et al., 2016). Title of lesson: Nutrition in pregnancy The lesson will last for 15 minutes and shall consist of the following: -welcoming the participants of the program followed by an overview of the nutrition information session. - the participants will introduce each other and name one healthy favourite food - a video titiled 'healthy pregnancy diet' will be played for the participants - participants will be encouraged to ask questions about diet and nutrition -participants will be engaged in a role play where a conversation between the doctor and the mother will be enacted on why calcium, iron and folate are important in the diet of a pregnant woman. -comments will be invited - after a discussion on the comments handouts of the Australian Guidelines on healthy eating during pregnancy will be distributed -participants will be asked for a verbal and written feedback on the session and any questions about the nutrition of pregnant women will be answered. - Participants will be thanked for attending the session. -Improvements if suggested by the participants will be incorporated in future sessions. In conclusion, the dissemination of important information through a guided lesson in a group can answer the questions that expectant mothers may have. A group lesson promotes the exchange of ideas amongst the prticipants. Adherence to nutritional guidelines is more likely once the various aspects of the five food groups are discussed. Dissipation of information through an audio visual aid such as a video lasts longer in the memory of the participants of the program. The five important groups of food- vegetables, beans, fruits, protein, eggs, fatty fish, whole grains and water ensure that the bioavilability of vitamins and minerals is maintained in the diet. Aspects of food safety, such as, staying away from mercury containing sea-food, identifying foods like raw eggs and sprouts that may harbour bacteria are importnt precautions to be kept in mind by the pregnant women. A diet rich in fibre can prevent constipation. A lesson plan and a discussion are effective means of counselling pr egnant women about dietary precautions to be followed. References /n55h_healthy_eating_during_pregnancy.pdf. (2013). Retrieved from https://www.eatforhealth.gov.au: https://www.eatforhealth.gov.au/sites/default/files/files/the_guidelines/n55h_healthy_eating_during_pregnancy.pdf Bookari, K., Yeatman, H., Williamson, M. (2016). Exploring Australian womens level of nutrition knowledge during pregnancy: a cross-sectional study. International Journal of Women's Health, 8: 405419. Bookari, K., Yeatman, H., Williamson, M. (2017). Falling short of dietary guidelines - What do Australian pregnant women really know? A cross sectional study. Women Birth, 30(1):9-17. de Jersey, S., Nicholson, J., Callaway, L., Daniels, L. (2013). An observational study of nutrition and physical activity behaviours, knowledge, and advice in pregnancy. BMC Pregnancy and Child Birth, 13:115. Geraghty, A., Lindsay, K., Alberdi, G., McAuliffe, F., Gibney, E. (2015). Written nutrition communication in midwifery practice: what purpose does it serve? Nutrition and Metabolic Insights, 8(Suppl 1): 4147. Hendrie, G., Coveney, J., Cox, D. (2008). Exploring nutrition knowledge and the demographic variation in knowledge levels in an Australian community sample. Public Health Nutrition, 11(12):1365-71. Lucas, C., Charlton, K., Brown, L., Brock, E., Cummins, L. (2014). Antenatal shared care: are pregnant women being adequately informed about iodine and nutritional supplementation? The Australian and New Zealand Journal of Obstetrics and Gynaecology, 54(6):515-21. . Weiss, I., Stepanovic, S., Chinyemba, U., Bateman, J., Hemminger, C., Burrows, E. (2016). Use of a Nutrition Behavior Change Counseling Tool: Lessons from a Rapid Qualitative Assessment in Eastern Zambia. Frontiers in Public Health, 4:179. Wise, N. (2015). Pregnant Adolescents, Beliefs About Healthy Eating, Factors that Influence Food Choices, and Nutrition Education Preferences. Journal of Midwifery aand Women's Health, 60(4):410-8.