What Is Love Essay Thesis Example For Students

What Is Love? Essay Thesis Presented to: Mrs. ConnellPresented by: Cory HawkeDate: March 26, 1998What is this thing called love? This simple question begs for an answer. The symptoms oflove are familiar enough. A drifting mooniness in ones behavior and thought, the fact that itseems as though the whole universe has rolled itself up into the person of the beloved, somethingso wonderful that no one on earth has ever felt about a fellow creature before. Love is ecstasyand torment, freedom and slavery. Love makes the world go round. Until recently, scientists wanted nothing to do with it. The reason being that love is lifesmost intense feeling and love is mushy. Science is hard. Anger and fear are emotions that havebeen researched in labs and can be quantified through measurements. Pulse and breathing rates,muscle contractions, etc. Love cannot be charted or measured. Anger and fear have a definiteroll in human survival: fighting or running. Love does not. And since it is possible for humans tomate and reproduce without love, all the swooning and sighing is beside the point. We will write a custom essay on What Is Love? Thesis specifically for you for only $16.38 $13.9/page Order now Up until the past decade, serious scientists assumed that love was all in the head. Now theresearch has become more intense. This may be because of the spreading of AIDS and that casualsex carries mortal risks. Others point to the growing number of female scientists and suggest thatthey may be more willing then their male colleagues to take love seriously. Whatever the reason,science has come around to a view that romance is real. That it is bred into our biology. We have always been influenced by love in our culture. It is a dominant theme in music,television, films, novels and magazines. It is a commercial bliss. People will do or buy anythingwith a promise of romance. Does this imply that love is just a false emotion that we picked up after years of it beingdrilled into our head again and again by society? If romance was purely a figment, unsupportedby any rational or sensible evidence, then surely most would be immune to it by now. But thathas not happened. Love is still in the air. In 1992 a study was conducted by anthropologists William Jankowiak and EdwardFischer. They found evidence of romantic love in at least 147 or the 166 cultures studied. Thisdiscovery should be enough to wipe out the idea that love is an invention of the mind rather than abiological fact. Among the things that anthropologists tended to do in the past was ask questions aboutthe courtship and marriage rituals. This turned out to be the wrong way of going about thin gs. Inmany cultures, love and marriage do not go together. Weddings can have all the romance ofcorporate mergers, signed and sealed for the family or territorial interests. More and more scientists are coming to believe that love is truly a biologicalpredisposition. That we are all scientifically fated to love by our genes and chemicals. A lot ofpeople would just as soon to not want to know. No one knows exactly how to place this mysterious emotion. It comes in many shapesand forms and different people and cultures celebrate it in different ways. But perhaps it is betterthat we dont know the scientifics and just enjoy it. Why pull at such a beautiful and wonderfulthing and try to pick it apart when to the beholder it is already virtually perfect? The more we try

How To Write A Concert Review

How To Write A Concert Review Amazing Concert Review: How to Start? Reviews are probably the most casual types of written assignments because they combine both: reporting on an issue and providing your own opinion. Its main goal is to evaluate and provide information on the regular events: shopping at the mall and judging the quality of items, watching a movie or reading a new book. Every time we do something we judge people, atmosphere or plot even without noticing it. Luckily, reviews are so different in shapes and topics that they don’t have a common structure. There are many genres that students may choose: evaluating musicals, movies, books, TV shows, places and much more! However, the main goal remains the same: to give an evaluation of the chosen topic. It may seem quite a simple task to provide your own ideas and judgments on the topic. Although there are still many rules that you should follow, all of the claims must be supported with evidence. It is not simply an interpretation of the topic but also arguments-based research on the chosen issue.   You need to make the reader believe your point of view. Concert review is not the most common assignment students may get. You should describe not only musicians but also evaluate location, time, atmosphere and even response of the audience. In addition, you need to compare the chosen concert with other concerts to give readers a broader picture of the topic. If you have troubles writing a concert review or it is actually your first review of such kind, go on reading, and we will give you all the tips you should know for a great result! Understanding Background Knowledge of Your Audience To write a catchy and interesting review, you should not only provide a chronology of events but also analyze the musical genre, have a solid understanding of the theory and various musical styles. Another important element before getting started is to know your audience. For example, if you are writing for teenagers, you need to concentrate on describing the performers: their outlook, behavior, dialogues and so on. However, if you write the review for your teachers, it is better to write about the composition, plot, engaged interests, and expression to show how well you have mastered the genre. What Does Your Audience Want to Know? In most cases, readers are interested in getting the general picture of the concert and its impact on the writer. However, if you are writing for people, who have a deep understanding and interest of musical genres, pedagogy, and instruments, don’t forget to include those details to your review. If you are writing for an audience that is interested in technical aspects, write about the scene, location, light, sound, and other important details. However, there are things which all of the readers not depending on their interests are willing to know: whether the instruments were appropriate for the piece, how the audience reacted and so on. Your Writing Style Information you provide is not the only thing that matters. You should be equally attentive to the way you express your ideas in order to engage the reader. When writing a concert review, you should be both formal and informal. Try to avoid personal pronouns, like ‘I,’ ‘you’ and ‘your’: they always show that you are subjective on the topic and the readers may doubt whether your opinion should be trusted. In addition, if you want to make your review professional and catchy, you need to avoid clichà ©s and general terms, like ‘interesting.’ Try to find synonyms instead, for example, ‘appealing’ or ‘outstanding.’ How to Write a Remarkable Concert Review? If you want to get a high grade and to engage the reader, understanding music and listening to various concerts is a must. Your ability to put impression into words is one of the key features you need to master if you expect a great result. Writing a concert review consists of two stages: on the first one you need to attend the event or listen to the audio, and on the second you need to write everything down.   Below we have collected all of the stages and elements you need to include to your concert review. Stages of Pre-writing Carefully Read Guidelines Concert review is quite a vivid assignment, so greatly depends on circumstances and requirements. For example, if you are writing for a teacher, you need to follow a particular formatting style and to make sure to include all of the required elements. However, if you are writing a paper article, it is important to know the audience. Get the Tickets Beforehand To make sure that you get the best seats, from where the scene and performers will be clearly seen, it is better to buy the tickets well in advance. Make Notes During the Concert This is one of the most challenging but yet important stages because the quality of your review greatly depends on how well you will write down all of the important details. Remember, you need to pay attention not only to the concert itself but also to the time and location, clothes of musicians, lighting, general atmosphere and much more. You can also make notes on the dialogues on stage and among visitors. Write Down Performed Compositions It is important to provide readers with information on what compositions made up the concert. If you miss any of the pieces, it is better to contact concert managers and to get a list of the compositions that were played. Later in your text, you can tell which of them you liked more and why. Tell About the Musicians You need to write down your impressions from performers. Where they good or bad? However, back your opinion with reasons why you consider performers good, average or bad. Make notes whether performers shared powerful energy with the audience. Don’t forget to notice gestures, mimics and other important details on stage. Additionally, concentrate on the leading singers: were they confident? How well did they interact with the audience? Did they use all space on stage? Examine the Audience It is a well-known fact that part of the performance depends on how well the audience responds. Of course, you need to focus on musicians, but there is also a need to notice the mood of the audience. Not depending on the goal of your concert review, your readers will be interested in the concert atmosphere, so make notes on the audience, its quantity, age and response to the concert. Writing Stage The second stage starts right after you leave the concert and must contain the following elements: Introduction In the first part of your review, you need to provide all of the important details considering the concert - for example, its title and date, venue, names of musicians and ensembles. You can also give details on the location to provide readers with a broader picture. This is especially important for readers, who are not familiar with the area. You also need to mention whether the concert took place in the evening or at night. Description Main paragraphs of your review must contain a description of various compositions that were played during the concert. Here is when your notes come in hand. Devote a separate paragraph to every composition or aspect you want to highlight. The format of your description greatly depends on the musical genre, but you should still mention composition’s title, name of the composer and information on the audience’s reaction on the discussed piece. Evaluation Evaluation section is the heart of your review because it contains your personal opinion based on the information you have provided in the previous body paragraphs. Here you should tell readers about the general experience of the concert. Tell the audience whether it was worth seeing or not. What made it different from other similar events? Here you can also include information about musicians, interesting facts, history and so on. In this part, you must provide both positive and negative thoughts on the performance. Was there anything that the concert lacked? What things could improve the show? In the evaluation section, you should also tell about the audience’s response. What songs or musicians got more applauds? Don’t forget to evaluate the organization of the event. It is also important to tell about the quality of music and sound, as well as of musical instruments. You can also compare the live and the studio versions: were they very different? Which one was better? Conclusion The closing paragraph of your review must be a summary of your experience and impression of the concert. In this section, you can mention whether the concert met your expectations. Remember that conclusion is for summarizing and not for providing any new information and details. Closing Thoughts Writing a concert review is quite different from other writing assignments, and it may take lots of time and preparation. Your main goal is to experience different emotions and then to render them to your target audience. If you want to create a great review, it is important to have a deep understanding of music and to understand format peculiarities. Hopefully, the tips above will be of great help!

Arbitration in the Philippines

The alternative means for dispute resolution that these laws offer tip the scales with major strengths such as cost efficiency, impartiality and technical expertise of engaging arbitrators of your own choice, speed and flexibility in adaptation of laws and procedures, and confidentiality of extrajudicial hearings and awards, as mentioned in Parlade (2005). This paper explores the potential of ADR, focusing on the pitfalls of litigation in the Philippines and the burgeoning advantages arbitration provides. Keywords: arbitration, alternative dispute resolution Definition of Terms For the purposes of this paper, and as defined in the Philippine Alternative Dispute Resolution Act of 2004, the term: A. â€Å"Alternative Dispute Resolution (ADR)† means a process or procedure employed to settle a dispute extra-judicially. Instead of being adjudicated by a presiding judge, a neutral third party is employed to assist in resolving the issues in question through arbitration, mediation, conciliation, early neutral evaluation, mini-trial, or any combination thereof; B. Arbitration† means that a dispute is voluntarily submitted for resolution where one or more arbitrators, duly appointed and agreed upon by the parties beforehand, resolve a dispute by rendering an award; C. â€Å"Arbitrator† means appointed person or persons in a dispute who sits to resolve the issue by rendering an award. The arbitrator is a neutral third party especially chosen to perform such task; D. â€Å"Award† means any partial or final decision rendered by an arbitrator that resolves the issue in a dispute; E. â€Å"International Party† shall mean a juridical person or entity whose place of business is outside the Philippines. A domestic subsidiary of such or a co-venturer which holds office in the Philippines shall not be included. A foreign arbitrator shall mean a person who is not a Filipino national; F. â€Å"Litigation† means legal action brought between two private parties in a court of law; G. â€Å"Model Law† means the International Commercial Arbitration Model Law which was implemented on 21 June 1985 by the United Nations Commission on International Trade (UNCITRAL); H. â€Å"New York Convention† means the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards in 1958 which was ratified under Senate Resolution No. 1 by the Philippine Senate; I. â€Å"Proceeding† means such processes of judicial, administrative, or other adjudicative means which include pre-hearing or post-hearing motions, conferences and discovery; J. â€Å"Record† means an information written in a way that can be reproduced or is kept electronically or in such s imilar medium, which can be retrieved and used. Historical Evolution Domestic Arbitration The Spanish had brought with them their arbitration laws which were sophisticated enough to warrant its inclusion in the old Spanish Law of Civil Procedure, the Ley Enjuicinamente de Civil (Lim, 2001). Unfortunately, this was repealed at the turn of the century. Applying common law, the Philippine Supreme Court in 1921 noted in Chan Linte v. Law Union and Rock Insurance Co. , et al. (1921) that: [t]he settlement of controversies by arbitration is an ancient practice at common law. In its broad sense, it is a substitution, by consent of the parties, of another tribunal for the tribunals provided by the ordinary processes of law. †¦ Its object is the final disposition, in a speedy and inexpensive way, of the matters involved, so that they may not become the subject of future litigation between the parties. However, this attitude was scarce as courts jealously guarded their jurisdiction and parties skirted arbitration due to doubts on the enforceability of arbitration resolutions (Laygo, 2010). The New Civil Code was passed in 1949. Three new provisions were added by Congress, the most important of which was, to wit, Article 2043 which stated that any stipulation that the arbitrators’ award or decision shall be final, is valid, without prejudice to Articles 2038, 2039, and 2040 of the same code (Ibid. ). This had breathed new life into arbitration as involved parties now have basis for claims that awards rendered during arbitration were final and binding, though, not in the sense that they were beyond judicial review but, in that, reasons for such review would now be limited (Ibid. ). The Supreme Court never had the chance to promulgate the rules of procedure in the 1949 Civil Code (Ibid. ). Republic Act No. 876, otherwise known as the Philippine Arbitration Law of 1953, provided for a structured and definite statutory framework for arbitration in the Philippines. This was a very important piece of legislation enacted by Congress as it would govern arbitration in the Philippines for the next fifty years, despite the fact that it made no reference to whether it was purely domestic or if it would recognize foreign awards. Fifty-odd years after the enactment of the Philippine Arbitration Law in 1953, Republic Act No. 9285 or the Alternative Dispute Resolution Act of 2004, was passed by Congress. This was the Philippines’ move to address the untenable questions arising from the mid-century arbitration law which, with the surge of globalization, the Philippines had outmoded. The Philippines had no laws which covered proceedings of international arbitration before the enactment of Republic Act No. 9285 (Lazatin Prodigalidad, 2006). Prior to this, when issues had to be settled with regard to international contracts, Philippines parties are often mandated by contracts to settle disputes in the foreign country under the rules of the foreign arbitral institutions (Ibid. ). Worse, no domestic legislation had been passed providing a specific procedure for the enforcement of foreign arbitral awards. Thus, there have been instances in which international arbitral awards have been treated by Philippine courts as akin to foreign judgments for lack of specific invocation of the New York Convention (Ibid. ). As a consequence, foreign arbitral awards have sometimes been deemed only presumptively valid, rather than conclusively valid (â€Å"Each contracting state shall recognize arbitral awards as binding†¦Ã¢â‚¬ ), as required by Article III of the New York Convention. Under Republic Act No. 9285, Section 2, the Philippines unequivocally declared that it is its policy â€Å"to actively promote party autonomy in the resolution of disputes or the freedom of the parties to make their own arrangements to resolve their disputes† and â€Å"encourage and actively promote the use of Alternative Dispute Resolution (ADR) as an important means to achieve speedy and impartial justice and de-clog court dockets. † International Developments Shortly after the first half of the 20th century, as the Philippines already had existing arbitration laws governing domestic disputes, a welcome and reinforcing international development was the New York Convention. The Philippines acceded to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (â€Å"New York Convention†) in 1967. The New York Convention is a landmark international instrument (Lazatin Prodigalidad, 2006). Parties to the New York Convention recognize the validity and binding effect of foreign arbitral awards as stated in Article III of the New York Convention. In addition, the New York Convention seeks to put international arbitration on equal footing with domestic arbitration by providing that the parties to the convention should not impose more onerous conditions on the enforcement of foreign arbitral awards than on the enforcement of domestic awards. To date, there are 142 signatories to the New York Convention (UNCITRAL, 1985); a testament to the near universal recognition of the validity and binding nature of foreign arbitral awards. On June 21, 1985, a Model Law on International Arbitration was adopted, and governed, by the United Nations Commission in International Trade (UNCITRAL). The law was designed to serve as basis for States to reform and modernize their own laws on arbitral procedure, taking account the salient features and addressing the needs of international commercial arbitration. The Model Law is comprehensive in that it covers all stages of the arbitral process from the arbitration agreement, the composition and jurisdiction of the arbitral tribunal and the extent of court intervention through to the recognition and enforcement of the arbitral award (Laygo, 2010). The Model Law has obtained consensus in the international community having been accepted and used as basis by States of different legal and economic systems of the world (Ibid. ). Arbitration is an alternative to, or a substitute for, traditional litigation in court, as observed in PHIVIDEC v. Hon. Alejandro M. Velez (1991). With the preceding laws forming the foundation of sound arbitral guidelines, the Philippines can now freely adapt and implement such. Republic Act No. 9285 is now the primary statute used in domestic arbitration. It is used in conjunction with Republic Act No. 876 and Articles 8, 10, 11, 12, 13, 14, 18 and 19 of the Model Law, which was especially designed to provide for domestic instances. Republic Act No. 9285 is also the current ruling statute for international commercial arbitration. Secondary statues to supplement the primary law include Articles 2028 to 2046 of the Civil Code of the Philippines, the New York Convention and the Model Law, and Supreme Court decisions forming the jurisprudence that applies or interprets these laws. Legal Processes: Litigation v. Arbitration in the Philippine Context Litigation As defined in the Alternative Dispute Resolution Act of 2004, litigation means legal action brought between two private parties in a court of law. There are four levels of organization with regard to the regular Courts. The first consists of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts (SyCip Salazar Hernandez Gatmaitan, n. d. ). These are trial Courts that decide only particular types or classes of cases. The second level consists of Regional Trial Courts, which are trial Courts, but also have general jurisdiction over cases not within the jurisdiction of Courts of the first level or any other tribunal, and particular classes of cases (Ibid. ). The third level is Court of Appeals which reviews cases from the Regional Trial Courts and quasi-judicial agencies (Ibid. ). At the highest level is the Supreme Court, which exercises appellate and review jurisdiction over cases decided by the Court of Appeals or Regional Trial Courts (Bernas, 1996). As a rule, only questions of law may be raised before the Supreme Court (Ibid. . The Philippine Court System provides for no juries. As arbiters, Courts have judges who are neutral and impartial who rule on questions of fact and law. Past judicial decisions of the Supreme Court are authoritative and precedent-setting, while those of the lower Courts and the Court of Appeals are merely persuasive (Ibid. ). A civil action is commenced by filing an or iginal complaint in Court (SyCip Salazar Hernandez Gatmaitan, n. d. ). A summons and a copy or copies of the complaint are then served on the defendant or defendants in accordance with the Rules of Court (ROC) (Ibid. . Then an exchange of pleadings between petitioner and respondent commences and issues to be tried are identified (Ibid. ). The petitioner is obliged to set the case for pre-trial after the last pleading has been filed (Ibid. ). This is usually the time that the possibility of an amicable settlement is considered and expedient ways of resolving the matter are explored (Ibid. ). If this is unsuccessful, it proceeds to trial. Once the trial ends, closing written memoranda may be submitted by the parties and the case is then deferred for the judge’s ruling (Ibid. ). Recent data from the Supreme Court Annual Report of 2005 shows that, for the period January to November 2005, the cases filed continue to outnumber the cases resolved at the Regional Trial Court (RTC), Metropolitan Trial Court (MeTC), Municipal Trial Court in Cities (MTCC), Municipal Trial Court (MTC), Municipal Circuit Trial Court (MCTC) levels. As of 30 November 2005, the total number of pending cases was 785,670, with the trial courts bearing the brunt of the caseload as follows: RTC 349,085; MeTC 144,408; MTCC 115,391; MTC 85,452; MCTC 65,692 (Ibid. ). Clearly, the caseloads remain formidable and unwieldy insofar as the trial courts are concerned. Not surprisingly, the data likewise shows that the problem of the shortage in judges has persisted through the years. Calculations based on the data have shown that the vacancy rate has hovered at around 30% on average. This shortage in judges is largely due to the relatively low pay of judges. Based on Supreme Court figures of January 2005, an RTC judge receives P44,416. 33 monthly in salary and allowances. An MeTC judge receives slightly less. MCTC and MTC judges receive P36,501 monthly in salary and allowances. The obvious solution to the problem is to increase the number of judges. However, this is easier said than done. The salaries of the judges are not determined by market forces but are subject to budget constraints and the priorities of our lawmakers (Bernas, 1996). The result is that our courts have not been able to function efficiently. While there is no ready data on the average number of years that it takes the courts to resolve disputes, anecdotal evidence shows that it usually takes 3-5 years for a case to be resolved at the trial court level, and another 2-4 years for a case to be resolved on appeal. Under the circumstances, the need to promote arbitration becomes pressing. Arbitration directly benefits the parties and indirectly benefits the courts since it diverts cases away from them and into the hands of arbitrators with much lesser caseloads. This indirect benefit has been recognized both by Congress (Section 2 of R. A. No. 9285 states that: The State shall encourage and actively promote the use of Alternative Dispute Resolution (ADR) as an important means to achieve speedy and impartial justice and de-clog court dockets) and the Supreme Court through its acknowledgment, in Charles Bernard H. Reyes v. Antonio Yulo Balde II, that it is the â€Å"wave of the future. † Arbitration Arbitration means that a dispute is voluntarily submitted for resolution where one or more arbitrators, duly appointed and agreed upon by the parties beforehand, resolve a dispute by rendering an award (ADR Act, 2004). Domestic and international commercial arbitration is governed primarily by the ADR Act of 2004, supplemented by the Arbitration Law of 1953, the Civil Code, the New York Convention and the Model Law framework. In the Philippines, arbitration of construction disputes continues to be governed primarily by the Construction Industry Arbitration Law (SyCip Salazar Hernandez Gatmaitan, n. d. ). The Construction Industry Arbitration Commission has original and exclusive jurisdiction over disputes arising from, or connected with, contracts entered into by parties involved in construction in the Philippines (Ibid. ). The Philippine Dispute Resolution Center, Inc. , and the arbitration arm of the Philippine Chamber of Commerce, provide commercial arbitration services (Ibid. ). Under the ADR Act, a party may be represented by any person of their choice in international commercial arbitrations and domestic arbitrations in the Philippines. Under the same Act, only those admitted to the Integrated Bar of the Philippines may appear as counsel in any Philippine Court, or any other quasi-judicial body, whether or not such appearance is in relation to an arbitration in which they appear. In domestic arbitration, an agreement to arbitrate a current or future controversy between the parties must be in writing and subscribed by the party sought to be charged, or by their lawful agent (SyCip Salazar Hernandez Gatmaitan, n. . ). For international commercial arbitration, an arbitration agreement may be an arbitration clause in a contract or a separate agreement (Ibid. ). It must be in writing; in a document signed by the parties or in an exchange of letters, telex, telegrams or other means of telecommunication which provide a record of the agreement. It may also be in an exchange of statements of claim and defense in which the existence of an agreement is alleged by one party and not denied by the other (Ibid. ). Subject to the provisions of the ADR Act, the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings. If the parties fail to agree, the arbitral tribunal may generally conduct the arbitration, including determining the admissibility, relevance, materiality and weight of any evidence, in such manner as it considers appropriate (Ibid. ). In domestic arbitration, with reference to the ADR Act, arbitrators are mandated to set a time and place for the hearing of the matters submitted to them, and must cause notice to be given to each of the parties within a specified period. Before hearing any testimony, arbitrators must be sworn, by any officer authorized by law to administer an oath, faithfully and fairly to hear and examine the matters in controversy and to make a just award according to the best of their ability and understanding. Witnesses must also take an oath before the arbitrator. Arbitrators are required to attend every hearing in that matter and hear all allegations and proofs of the parties. Arbitrators shall receive as exhibits in evidence any document that the parties may wish to submit. At the close of the hearings, the arbitrators shall specifically inquire from all parties whether they have any further proof or witnesses to present. In international commercial arbitration, the arbitral tribunal holds oral hearings for the presentation of evidence or for oral argument at an appropriate stage of the proceedings, if so requested by a party, unless the parties have agreed that no hearings shall be held (SyCip Salazar Hernandez Gatmaitan, n. d. ). The parties shall be given sufficient advance notice of any hearing and meeting of the rbitral tribunal to inspect goods, other property, or documents (ADR Act, 2004). A party aggrieved by the failure, neglect or refusal of another to perform under a written arbitration agreement may petition the proper Regional Trial Court for an order directing that such arbitration proceed in the manner provided for in the agreement (Ibid. ). The Court also has the authority to appoint arbitrators when the parties to the contract or submi ssion are unable to agree upon a single arbitrator, or when either party to the contract fails or refuses to name his arbitrator within 15 days of receipt of the demand for arbitration (Ibid. . A party may ask the Court to decide on a challenge against an arbitrator if the arbitral tribunal rejects the challenge (Ibid. ). A party may also ask the Court to decide on the termination of the mandate of an arbitrator who is unable to perform their functions, or for other reasons fails to act without undue delay, if the arbitrator does not withdraw from office and the parties do not agree on the termination of the mandate (Ibid. . [In international commercial arbitration, a party may apply to the proper Court regarding the appointment of an arbitrator, the challenge against an arbitrator, and the termination of the mandate of an arbitrator, only when the â€Å"appointing authority† under the ADR Act, who is supposed to decide on these, fails or refuses to act within 30 days from re ceipt of the request (SyCip Salazar Hernandez Gatmaitan, n. d. ). A party may request the proper Court to grant an interim measure of protection before the constitution of the arbitral tribunal (ADR Act, 2004). A party may also apply to the proper Court for assistance in implementing or enforcing an interim measure ordered by an arbitral tribunal (ADR Act, 2004). In domestic arbitration, unless the parties stipulated otherwise in writing, the arbitrators must render the award within 30 days of the closing of the hearings (Ibid. ). This period may be extended by mutual consent (Ibid. ). There is no express rule on when an award must be delivered in international commercial arbitration. The award must be in writing, signed and acknowledged by a majority of the arbitrators, and should there be an instance, reason for any omitted signature must also be stated (Ibid. ). The award shall outline the reasons upon which it is based, unless the parties have agreed otherwise or the award is on agreed terms. The award shall also state the date and place of arbitration. Each party shall receive a copy of the award. The ADR Act provides specific grounds for the Court to set aside an arbitral award in a domestic arbitration. They include cases of corruption, fraud, partiality, misconduct, and disqualification of arbitrators. The ADR Act also provides specific grounds for the Court to modify or correct an arbitral award— including miscalculation of figures, mistake in the description of a person, thing or property referred to in the award, an award upon a matter not submitted for arbitration, and imperfect form of the award. The Courts shall disregard any other ground raised against an arbitral award in a domestic arbitration (Ibid. ). In the case of international commercial arbitration, a Court may set aside an arbitral award when the arbitration agreement is invalid; when a party was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case (SyCip Salazar Hernandez Gatmaitan, n. d. ). Other reasons include situations where an award deals with a dispute which is not arbitrable or contains decisions on matters beyond the scope of the submission to arbitration; the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the parties’ agreement or the law; the subject matter of the dispute is incapable of settlement by arbitration under the law, or when the award is in conflict with the public policy of the Philippines (Ibid. ). At any time within one month after an arbitral award is issued in a domestic arbitration, any party to the arbitration may apply to the appropriate Regional Trial Court for an order confirming the award. The Court must grant the order unless the award is vacated, modified or corrected. Upon the granting of an order that confirms, modifies or corrects an award, judgment may be entered. The judgment may then be enforced as an ordinary judgment of that Court. For foreign arbitral awards, the New York Convention applies, subject to the commercial and reciprocity reservations (Ibid. . The basic procedure for recognition and enforcement is as laid down by the Convention. Despite the many attractive draws of arbitration, it is best to note the instances when alternative dispute resolution proves inappropriate, and practice judgment accordingly. It would be more judicious to resort to litigation when: (1) there is a significant imbalance in the parties’ bargaining power, as the strong er party may cow down the weaker one; (2) the party who has the use of the money at issue may benefit from a delay in itigation; (3) substantial legal issues are involved and must be dealt with accordingly, mindful of national and international repercussions; (4) there are multiple parties involved as it may be more difficult to implement alternative dispute, particularly where a class action is desired; (5) one of the parties wishes to establish a judicial precedent; (6) adversary is irrational and unreasonable, thus barring resolution; and (7) extensive discovery is needed or desired, as the Courts have a more thorough and encompassing framework, arbitration being relatively vogue and young in experience as compared to Courts (Grenig, 2005). Supporting Jurisprudence There have been two decisions in the field of arbitration that have set the tone of the Supreme Court and advanced the cause of arbitration in the Philippines. The first one is Transfield Philippines, Inc. vs. Luzon Hydro Corporation, G. R. No. 146717, 19 May 2006. There, the Supreme Court affirmed the enforceability of foreign arbitral awards and the right of the parties to an arbitration proceeding to obtain provisional relief from the courts. In Transfield, the Supreme Court had occasion – for the first time – to refer to Republic Act No. 285. What is significant in Transfield is the Supreme Court’s recognition that court-ordered provisional/interim relief extends to international arbitration. Such ruling sends a positive signal to future litigants that the Philippines is an arbitration-friendly jurisdiction. The second part of the ruling in Transfield affirms the right of a party to an international arbitration to enforce a final awar d in the Philippines, pursuant to the UNCITRAL Model Law and the New York Convention. The other, more recent case is Gonzales vs. Climax Mining Ltd. , G. R. Nos. 61957 and 167994, 22 January 2007, where the Supreme Court resolved petitioner Jorge Gonzales’s motion for reconsideration and respondents Climax Mining Ltd. , et al. ’s motion for partial reconsideration of the earlier Decision of 28 February 2005. The ruling in Gonzales is significant for several reasons. First, the ruling in Gonzales re-affirmed the summary nature of and the RTC’s limited and special jurisdiction over petitions to compel arbitration under Section 6 of R. A. No. 876. The jurisdiction of courts in a petition to compel arbitration is limited to determining the existence of an arbitration agreement. Trial courts should not allow themselves to be drawn into the fatal pitfall of prolonging the proceedings or touching on the merits. Second, modifying its earlier ruling, the Supreme Court in Gonzales introduced the widely-accepted doctrine of separability, which states that the validity of the contract containing the agreement to submit to arbitration does not affect the applicability of the arbitration clause itself. This doctrine of separability is, as pointed out by the Supreme Court, found in Article 16(1) of the UNCITRAL Model Law, which governs international commercial arbitration. Conclusion The efforts of Congress and the judiciary at improving the system of arbitration are welcome and timely. Today, two contemporary circumstances, one a local problem, the other an international phenomenon, acutely highlight the need to further promote and develop arbitration: hopelessly clogged court dockets and growing globalization. An inefficient court system impels aggrieved parties to look elsewhere for swift and impartial justice. On the other hand, international trade and transactions unavoidably give rise to disputes between nationals who come from different jurisdictions. The foreign businessman will understandably be wary of or uncomfortable with the local courts. Thus, he will seek to bring his dispute before the more neutral forum of arbitration. Parties wishing to have their conflicts resolved expeditiously will be looking increasingly to alternative means of settling their disputes, especially business, which abhors indefinite uncertainty. Under the circumstances, arbitration is truly worth cultivating. It possesses many attractive features. First, unlike judges, arbitrators are not burdened by heavy caseloads. The data hows that, as of November 2005, there are 349,085 pending cases before the RTC. Yet, there are only 804 RTC judges, or an average of 434 cases per judge. Hearing cases, sifting through evidence, and writing decisions is not an easy task. It becomes almost unmanageable if a judge has to contend with 434 cases. In contrast, before appointing an arbitrator(s), litigants can first verify from a potential nominee whether he or she can devote time to the case. Second, there is a large pool of arbitrators to draw from. Unlike the traditional judges, arbitrators do not have to be lawyers. They can be architects, engineers, investment bankers, stock brokers, or even laymen, depending on the subject matter or nature of the dispute. Third, the fees of arbitrators are not fixed by law. They are flexible and adjust according to the complexities of the case and the reputation of the arbitrator. Hence, litigants will be assured of an adequate supply of arbitrators. There is also reason for arbitrators to resist the temptation of corruption. The more competent, honest, and prominent the arbitrator, the higher the price he or she can command. Fourth, arbitration has the indirect benefit of de-clogging the court dockets by diverting cases away from them. The data shows that the number of cases filed outpace the number of cases decided. Judges can dispose of only so many cases at a time, especially given the restrictions that are imposed upon them. While the courts can only do so much in terms of the outflow of cases, arbitration has the potential of controlling the inflow of cases into the judicial system, especially at the RTC level where the number of cases filed annually have been more or less steady through the years. The court ystem can begin to work more efficiently only if the number of cases decided exceeds the number of cases filed. Until then, the courts find themselves trapped in a cycle of inefficiency. Thus, the courts also have a high stake in the success of arbitration. Fifth, arbitration addresses the concern of partiality. One of the appealing features of arbitration is that the parties get to choose their own arbitrators. Sixth, the costs of arbitration are borne by the parties. Arbitration pays for itself. Litigants who are dissatisfied with the judicial system can opt out of the judicial system. The potentially higher fees can be offset be a speedier resolution of the case and more satisfactory judgment. The Supreme Court first touted arbitration to be the â€Å"wave of the future† in BF Corporation v. Court of Appeals (1998). Eight years later, the Supreme Court repeated the same observation in Charles Bernard H. Reyes v. Antonio Yulo Balde II, G. R. No. 168384, 7 August 2006, that: It bears to stress that being an inexpensive, speedy and amicable method of settling disputes, arbitration — along with mediation, conciliation and negotiation – is encouraged by the Supreme Court. Aside from unclogging judicial dockets, arbitration also hastens the resolution of disputes, especially of the commercial kind. It is thus regarded as the â€Å"wave of the future† in international civil and commercial disputes. Brushing aside a contractual agreement calling for arbitration between the parties would be a step backward. † References Books and Journals Bernas, J. , S. J. (1996). The 1987 Constitution of the Republic of the Philippines: A commentary 2009 Ed. ). Manila, Philippines: Rex Book Store. Grenig, J. E. (2005). Alternative dispute resolution (2nd Ed. . Minnesota: West Publishing Co. Laygo, J. (2010). Arbitration: A brief. Makati: Intellectual Property Office of the Philippines. Lim, F. E. (2001). Commercial arbitration in the Philippines. The Ateneo Law Journal, 46(2). Cases BF Corporation v. Court of Appeals, G. R. No. 120105 (1998). Chan Linte v. Law Union and Rock Insurance Co. , et al. , 42 Phil. 548 (1921). Charles Bernard H. Reyes v. Antonio Y ulo Balde II, G. R. No. 168384 (2006). Gonzales v. Climax Mining Ltd. , G. R. Nos. 161957 and 167994 (2007). Philippine Veterans Investment Development Corp. PHIVIDEC) v. Hon. Alejandro M. Velez, G. R. No. 84295 (1991). Transfield Philippines, Inc. v. Luzon Hydro Corporation, G. R. No. 146717 (2006). Laws New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958. Republic Act No. 876, Philippine Arbitration Law of 1953. Republic Act No. 9285, Philippine Alternative Dispute Resolution Act of 2004. UNCITRAL Model Law on International Commercial Arbitration of 1985. Online Resources Lazatin, V. P. Prodigalidad, P. A. (2006). Arbitration in the Philippines. Retrieved from http://www. seanlawassociation. org/9GAdocs/w4_Philipines. pdf Parlade, C. O. (2005). Why litigate? Arbitrate! Retrieved from http://www. pdrci. org/web1/art001. html Supreme Court of the Philippines Annual Report. (2005). Adjudication: Caseload and disposition [Data file]. Retrieved fr om http://sc. judiciary. gov. ph/announce/sc_annual_report_2005. pdf SyCip Salazar Hernandez Gatmaitan Law. (n. d. ). A Guide to Dispute Resolution in Asia. Retrieved from http://www. herbertsmith. com/uploads/HSpdfs/Asia-guides-006/dispute resolution/12_Philippines. PDF

Syphilis Essay Example | Topics and Well Written Essays - 250 words

Syphilis - Essay Example ents by drafting recommendations on how to suppress the disease, arrange workshops and seminars for educating the locals, and administer public health standards in the state. In the state, the disease rates have been on the rise from the year 2005 to 2009. In 2005, the disease rate was at about 4.3 while in 2009, it was at 6.9 (Ohio Department of Health, 2011). In 2005, Franklin county had the uppermost rate of the infectivity while in Pickaway county the rate was at 22.3 (Ohio Department of Health, 2011). Franklin County, however, has recorded the highest number of case counts over the years with the year 2008 having the highest number. Conversely, Wyandot County did not have any cases of the disease recorded in the five years. This information is particularly important to a community health nurse, as they will strive to address the disease and get better quality health services especially in counties with a high-disease rate. He/she will be proficient to educate the public on syphilis control and avoidance procedures, while performing wellbeing support activities. The nurse should be capable of telling the patient what they are suffering from and shoul d maintain confidentiality on the health of the patient and make sure that the patient has access to proper medication. According to division 3701.47, these analysis must not to be charged, and will be completed at an authorized laboratory. In case the patient wants to comprehend the ailment, the nurse should be clever enough to explain to him/her to make a proper choice on whether they want treatment. The patient though must not reject treatment or whichever form of hospitalization

E-commerce And Marketing Coursework Example | Topics and Well Written Essays - 2000 words

E-commerce And Marketing - Coursework Example ling goods and services may prefer internet services in marketing and doing economic transaction with other businesses or to customers because of its efficient and effectiveness to the consumers or the suppliers. E-commerce and marketing have played an important role in marketing and promoting businesses throughout the world through websites namely Facebook, blogs, YouTube and twitter etc. this social media websites provides opportunity to connect and to communicate with customers all over the world on a more personalized. This report also tries to evaluate how marketing and e-commerce websites for companies provides viewers with fresh and updated information about new products, innovations, offers and programs that the company is undertaking at any moment (Dholakia, Nikhilesh). This provision of current and updated data to viewers encourages clients to visit the Company’s website, which results into increased sales and advice the company of any changes to be made to the produ ct or to the services for their satisfaction. When marketing services or products, a company must ensure that there is production and purchase of products and services at the right time by the consumers. These products must meet and deliver the required quality standards and performance specifications for the customers’ satisfaction that might be done through internet. In this process, companies must ensure it has sufficient stock that meets the demands of the customers. In addition, the products must reach the customers in a timely manner and a perfect condition. However the e-commerce and marketing process will enable the company to interact with customers and improves their satisfaction, as it establishes clear business strategy and process. The company does this by ensuring that it meets... This report stresses that E-commerce and marketing have had an important impact in Business-to-Business, Consumer to Consumer and Business-to-Consumer models of electronic commerce. Also the media is one of the key determinants of the purchasing decision of the present consumer. Consumers in the present society will want to look for information about a product or service from any available source that appears to be reliable. For many consumers, the media appears as one of the independent and reliable in situations that can offer information to the public without bias. Unfortunately, some media companies have taken advantage of the trust that consumers have bestowed on them, to manipulate the consumer into purchasing products and services unwillingly. This paper makes a conclusion that the media companies achieve this by delivering faulty information on the real identity of the products and services to the target market. E- Commerce is necessary to a business since it helps in spreading information from one person worldwide. Through this business have greatly marketed themselves and increased profit since the negative and positive responses they get encourages them to develop or maintain the loyalty of the customers. The author of the essay recommends the company to redesign the website requirements by considering the preferences of users rather than the company requirements.Through this business have greatly marketed themselves and increased profit since the negative and positive responses they get encourages them to develop or maintain the loyalty of the customers.

United States as expansionist country Essay Example for Free

United States as expansionist country Essay The United States has been an expansionist country since the pilgrims landed. Until the US established them selves as a definite world power, they had shown themselves to be a very expansionist country. The imperialism of the 1900s may have departed from past actions in terms of size and ambition, but the fundamental reasons and drive for expansion remained the same throughout much of America’s history. Past expansion of the US includes the Manifest Destiny-driven push to the West coast, the annexation of Texas, and the purchase of Alaska. Around the close of the nineteenth century and the beginning of the twentieth, the United States was an expansionism; such events include the Spanish-American War and the annexation of Hawaii, Guam, Puerto Rico, and the Philippines. The Spanish-American war was fought in Cuba and the Philippines and was the result of American intervention in the ongoing Cuban War of Independence. The U.S. joined because of the Spanish’s treatment of the Cubans and they blamed Spain for the sinking of the USS Maine. The war only lasted for ten weeks; however, the U.S. gained Hawaii as the fiftieth state and received Guam, Puerto Rico and the Philippines as territories. At the time, the U.S. was very jingoistic and thought they could just take what they wanted (B). This idea is what led to expanding outside of the continental U.S. The U.S. gained Guam, Puerto Rico, and the Philippines as a result of the Treaty of Paris in 1898. The U.S. also gained temporary control of Cuba, which somewhat still exists today with Guantanamo Bay. The U.S. definitely received the favorable end of the deal. The Kingdom of Hawaii was sovereign from 1810 until 1893 when resident American businessmen overthrew the monarchy. Hawaii was annexed by the U.S. but did not become a state until 1959. The United States’ began expanding ever since the original thirteen colonies. Every country desires additional land for resources and economic reasons. After the United States had established itself as a world power, its expansionism did not stop there, the US then set its sights on the countries it sought, in particular the Philippines, Puerto Rico, Guam, and Hawaii. Not to mention that the other world powers were not picking and choosing what they wanted as well, Britain and Japan were claiming all the weak territories they could on the other side of the world (A). America has also always been very interested in its own economy and making sure that no European countries such as Germany and Britain could dominate economically (C).

Motivation: Reward System and the Role of Compensation :: Papers Management Business Essays

Motivation: Reward System and the Role of Compensation The design and management of reward systems present the general manager with one of the most difficult HRM tasks. This HRM policy area contains the greatest contradictions between the promise of theory and the reality of implementation. Consequently, organizations sometimes go through cycles of innovation and hope as reward systems are developed, followed by disillusionment as these reward systems fail to deliver. Rewards and employee satisfaction Gaining an employee's satisfaction with the rewards given is not a simple matter. Rather, it is a function of several factors that organizations must learn to manage: 1. The individual's satisfaction with rewards is, in part, related to what is expected and how much is received. Feelings of satisfaction or dissatisfaction arise when individuals compare their input - job skills, education, effort, and performance - to output - the mix of extrinsic and intrinsic rewards they receive. 2. Employee satisfaction is also affected by comparisons with other people in similar jobs and organizations. In effect, employees compare their own input/output ratio with that of others. People vary considerably in how they weigh various inputs in that comparison. They tend to weigh their strong points more heavily, such as certain skills or a recent incident of effective performance. Individuals also tend to overrate their own performance compared with the rating they receive from their supervisors. The problem of unrealistic self-rating exists partly because supervisors in most organizations do not communicate a candid evaluation of their subordinates' performance to them. Such candid communication to subordinates, unless done skillfully, seriously risks damaging their self-esteem. The bigger dilemma, however, is that failure by managers to communicate a candid appraisal of performance makes it difficult for employees to develop a realistic view of their own performance, thus increasing the possibility of dissatisfaction with the pay they are receiving. 3. Employees often misperceive the rewards of others; their misperception can cause the employees to become dissatisfied. Evidence shows that individuals tend to overestimate the pay of fellow workers

Explain How Folding Impacts on Landscape Development Essay

Plate tectonics help us to explain the process of folding. According to the theory of plate tectonics, the earth’s crust is broken up into sections called plates. These plates float on the semi-molten mantle. Thermal convection currents in the mantle drag these plates in different directions resulting in tectonic activity. Folding occurs when rock layers that were originally horizontal are bent into a series of wave-like folds. As a result of this collision of the earth’s tectonic plates, the rocks are folded and uplifted and fold mountains are created. This process is known as orogeny. There have been three major periods of fold mountain building, the Caledonian, Armorican and Alpine periods. The Caledonian period of folding took place about 400 million years ago when the Eurasian plate and the American plate collided. The in-between ocean floor was subducted under both continents and the seafloor sediments were buckled up to form the sedimentary rocks of the Caledonian Fold Mountains. The Appalachian mountains in North America, the mountains of Norway, Sweden and Scotland, and in Ireland the Dublin-Wicklow mountains and the mountains of the West and North-west were formed as a result of this collision. The Armorican period of folding occurred about 250 million years ago when plate tectonics resulted in a collision between the Eurasian and African plates. Examples of Armorican fold mountains include the Vosges mountains in France and the Black Forest mountains in Germany. These mountains have an East-West trend as the compression came from the South. The ridge and valley landscape of Munster is a result of Armorican folding. During the Armorican foldings sedimentary rocks in Munster were folded to form ridges of sandstone and valleys of limestone. The limestone was easily eroded from the fold anticlines and they are seen today as sandstone mountain ridges such as the Mac Gillycuddy Reeks. Plate movement is also responsible for the formation of the Himalayan mountains in Asia, the Alps in Europe, the Andes in South America and the Rocky mountains in North America. These fold mountains were formed as the African plate collided with the Eurasian plate. These are the youngest fold mountains, formed 60 million years ago. They are known as Alpine fold mountains. The Himalayan mountains are still increasing in size and volcanic and earthquake activity in the region shows that these tectonic plates are still colliding.

Improving Customer Service at Disneyland Paris Essay

It is fundamental to the success of Disneyland Paris that they are able to generate a high quality level of customer service, and once this is reached they must make sure they are able to maintain and continuously monitor this high quality level. This is significant to the success of Disneyland, as if they didn’t monitor and maintain this high quality level of customer service, then it may affect the service being provided in a negative way meaning Disneyland Paris will lose some customers. The outcome of this unlikely event would be that Disneyland Paris would see the number of sales drop and very few repeat customers, leading to a decrease in revenue and therefore profit. If this situation happened then Disneyland Paris would face serious consequences, and this is something Disneyland Paris does not need as it is already in a lot of financial debt. Monitoring Customer Service There are several ways in which Disneyland Paris checks and monitors the high quality standard of customer service in which they provide. Firstly Disneyland Paris uses training to ensure and monitor customer service is to the correct standard and carries out regular training for employees. This is key when checking and monitoring customer service levels because if employees were incorrectly trained and were unsure about certain area surrounding their job and how Disneyland Paris expects them to present them selves then they would need re-training or require additional training about certain aspects they were unsure of. Disneyland Paris carries this training out in their Disneyland University. This technique of monitoring customer service also relates to mystery shoppers, this would is because any employees who have received a bad report from the mystery shopper and consequently affecting the high quality level of customer service provided will require further training, which they would receive from Disney’s university. Another method Disneyland Paris use to monitor customer service is using mystery shoppers as a method of inspection and monitoring customer service. This involves a quality assurance employee of Disneyland or hired externally to dress up as an ordinary customer and evaluate the level of customer service which their current staff are providing customers with. The quality assurance employee will be looking for particular characteristics from cast member employed by Disneyland Paris such as; politeness, how considerate they are and if they present themselves well.

Challenges ahead for retailing in the Indian market

Challenges ahead for retailing in the Indian market CHALLENGES AHEAD FOR RETAILINGFactors holding back the retail revolution in India:There are several factors.1) Raising funds to even set up a retail outlet is very tough. Though things have changed somewhat in the last three years, it is far easier to raise funds to put up a factory than to put up a retail chain. Development banking institutions like the ICICI or the IDBI were not open to funding retail ventures till recently. Obtaining international funds is even more difficult. The reason is, retailing in India is so disorganized that there are no benchmarks to evaluate viability and profitability.2) Real estate is the second big limiting factor. While the government is the largest landowner in the country, very little has been done by way of real estate reforms. As real estate prices are sky high, most of the development work is taking place in out-of-town locations, like Gurgaon (just outside Delhi).Shopping mallBut the real revolution will take place when the government allows r edevelopment of space within the city centre where the consumers traditionally live. AFor example, if we take New Delhi, South Extension (an up market shopping centre in the southern part of the city) seems, in many ways, a shopper's nightmare. There is no access; there is no proper parking area. In short, there has been no standardization in terms of development of that area as a retail option.3) Retail-friendly laws The third reason is that India still does not have retail-friendly laws. When we look at the movement of goods from one state to another, there are too many restrictions. In case of retailing, it is required to put in a whole lot of products from different parts of the country - at times from outside the country - on the shelf.

What Makes You Happy Essay Example | Topics and Well Written Essays - 1000 words

What Makes You Happy - Essay Example And out of goodwill or by habit, we actually wish one another happiness. What are the criteria of happiness? By what standards are we said to be happy? What is the road to happiness? The criteria against which we benchmark our own or another’s happiness are normative and descriptive of our condition of being. These may be physical, social, economic, and even spiritual. By these same standards we gauge our level of attainment of happiness. Now, the road to happiness is presumably that which we reasonably have to pass – to the point that it becomes something off the beaten path. But what is this thing called happiness? Philosophers have counseled us for centuries, if not for millennia, about the nature of happiness, and how it is the singular goal of human life. Meaning to say, happiness is the life proper to man. Moreover, different ethical theories are significantly theories of happiness or rational attempts to know what truly completes the human person. Briefly, we can cite that happiness is both at the same time a state of wellbeing characterized by goals achieved and a positive attitude towards change. Describing happiness as wellbeing affirms the necessary orientation towards personal integration. It is when we see ourselves connected with others, especially with something larger than our own interests like God, country, family, etc., can we say we are happy. Personal integration therefore is all about discovering our place and role in the scheme of things within which we realize our life’s purpose. Thus, happiness is wholeness of life. But can we be assured of happiness in the light of the evolving times? Is happiness still possible at a time when most often people explicitly complain from distress and burnout? That â€Å"human anguish in modern minds is tethered to the events that would have caused fitness failure in ancestral times,† (Buss, 2000), is one observation that illustrates happiness as fundamentally an experience of wholeness in the light of environmental change. Accordingly, our concept of happiness must be adequately molded by an evolutionary perspective. Evolution is a creative process. It is the way of the universe and of everything involved in it, including us human beings. As human beings ourselves we are part of the evolving process that leads to the fulfillment of our destiny resulting in our happiness. Thus, if happiness is every human being’s goal, he must be willing to understand the evolution it has undergone. By adopting an evolutionary mindset we can appreciate and benefit from the evolution of happiness. The Darwinian model of evolution has been expanded to include not only biological species but also social, cultural, and organizational realities. Everything is undergoing important transformations to achieve its designed wholeness. Evolution teaches us a painful but an important lesson: the inevitability of change. As Charles Darwin (1958, 444) eloquently expresses it: â €Å"Whoever is led to believe that species are mutable will do good service by consciously expressing his conviction.† In other words, the sooner we accept to live by this reality of evolution, the better for us. As humans we adapt to survive, that is, to be happy. Indeed, happiness is a function of our capacity for meaningful adaptation. Our failure in this life-altering human condition causes unhappiness. However, it is the same process of evolution that equips us with built-in psychological apparatus to help us deal with unhappiness and eventually to achieve happiness. With happiness as the end of human existence, anything else like pleasure, power, and wealth becomes nothing but a condition of attaining it. In other words, in view of happiness which man seeks he inevitably engages in the satisfaction he derives from such things. What is

National Branding vs Private Branding Essay Example | Topics and Well Written Essays - 750 words - 2

National Branding vs Private Branding - Essay Example It is different from private or local branding, since private branding involves the name of the retailer. Most of the products in the world are recognized in the form of national branding. The producer follows the pattern of national branding since the producer intends to promote his brand by way of marketing and branding it. It is imperative on the part of the manufacturer or the producer of the product to follow this kind of branding as this allows the producer to sell its name directly to the consumers, which holds the greatest effect on their minds. The work done by national branding in promoting the brand of the producer or the manufacturer is unprecedented. The national branding is the ultimate and real from of branding. It enthralls the people and allows for greater importance among the people who focus on the brand. â€Å"A brand placed on products that a large manufacturer has created for a smaller retailer. The smaller retailer places their own private brand label on the f inal good which was created by a third party manufacturer. Private branding is a cost effective way to gain access to producing a product without requiring a large manufacturing or design team.† The retailer to market the retail organization does private branding. Let us look at an example. The company known as Apple sells Apple computers. When the products are shipped, the brand value carries the logo of Apple. However, once the company ships the products to the retailer, the retailer themselves add the label of their brand upon the box of the product. This form of branding done by the retailer is known as Private Branding. National branding and private branding are different sides of the same coin. Some companies offer both types of branding for their products in order to provide end-to-end services. Apple is a prime example of this kind of category. They are providing an ecosystem, which includes retailing as well as production of the products.