Evaluate the Evidence for Human Impacts on Downstream Flood Risk in Rural Catchment Areas in Temperate Regions

Assess the proof for human effects on downstream flood chance in provincial catchments in mild locales. Before we can assess human effects on flood hazard we should initially build up what is implied by mild areas and furthermore rustic catchments. Calm districts are for the most part viewed as lying between the Tropic of Cancer and the Arctic Circle or the Tropic of Capricorn and the Antarctic Circle and accordingly waterways researched in this exposition will fall inside these boundaries. Rustic catchments are somewhat harder to characterize, as today not many huge waterways don't have some type of urban advancement inside their catchments territory. In this paper a stream that is still in a transcendently country catchment will be talked about regardless of whether there are regions of urban land inside the catchment. People sway on flood hazard can be categorized as one of two classifications. The first is purposely and straightforwardly, through floodplain rebuilding, development of dams and channel recovery and these have genuinely evident beneficial outcomes on diminishing flood hazard. Anyway it is when people in a roundabout way influence the flood chance, through deforestation, land use change and environmental change (which all negatively affect flood hazard) that there is less conviction into the degree of the effect that people have. In general however obviously human movement has come about in ‘major changes’ (Goudie, 2006) in downstream flood chance in calm districts and rustic catchments. The most evident manner by which people sway downstream flood chance is through direct adjustment of the waterway itself and this is additionally apparently likewise the most significant manner by which people can affect flood chance (Mrwoka, 1974). Damming is likely the most across the board case of how people look to control top streams on waterways and the development of dams in the UK has prompted critical declines in flooding. The supply made on the River Avon involves 1. 38% of the catchment however decreases top stream by 16% and considerably more astonishingly the repository on the Catcleugh in the Cheviots involves 2. 72% of the catchment and decreases top stream by 71% (Petts and Lewin, 1979). The production of dams obviously diminishes the flood hazard generally speaking, nonetheless, dams have an a lot littler impact on uncommon flood occasions of high size, because of the way that there is a limited measure of water a dam can hold during times of high, drawn out precipitation (Goudie, 2006). On the River Avon the proportion of pre-dam releases to post-dam releases is a minor 1. 02 of every a once-in-multi year occasion (Petts and Lewin, 1979). In any case, regardless of this, man’s development of dams despite everything has a huge effect in diminishing pinnacle flood and accordingly flood chance in downstream catchment zones. Floodplain reclamation is another case of people intentionally affecting on flood chance. It has been determined that the flood decrease capacity of 3800 hectares of floodplain stockpiling on the Charles River, Massachusetts spared US$ 17 million worth of downstream flood harm every year (US Corps of Engineers, 1972). Reclamation has occurred on the River Cherwell among Oxford and Banbury. Here the dikes were expelled and the channels reestablish to their pre-1900 measurements. Because of the recovery of the channel top stream was decreased by between 10-15% and the dikes which had been evacuated were appeared to have been expanding top stream by between 50-150% (Acreman et al, 2003). This unmistakably demonstrates the degree to which people can effectively work to decrease the flood hazard in a country catchment region, and shows how significant the job of floodplain rebuilding and channel restoration is when diminishing pinnacle streams. A prime case of human movement by implication influencing flood chance examples is through deforestation. The guideline here is that by expelling vegetation, you evacuate the limit with respect to a noteworthy level of precipitation to be captured by the vegetation and afterward dissipated before it arrives at the stream. Along these lines, if people evacuate the vegetation in a catchment territory this can build run-off and subsequently flood chance. A test study was led in 1910 to explore the degree to which vegetation inclusion influenced top stream in Colorado. Stream streams from two watersheds of around 80 hectares in size were looked at more than 8 years, before one valley was clear-felled. The catchment territory which had encountered clear felling experienced 17% more prominent yearly stream and furthermore essentially higher pinnacle streams (Goudie, 2006). In 1998 the Yangtze River encountered its most exceedingly terrible floods for more than 40 years, with high water staying in certain regions for 70 days. Despite the fact that the precipitation over that timeframe was extraordinary, the degree of the flooding (which caused over $20billion in harms) has likewise been connected to the far reaching deforestation that had occurred upstream of the floods. In 1957 the timberland inclusion of the stream bowl was 22% yet by 1986 this figure had been diminished to 10% (Yin et al, 1998). Regardless of this, it has been contended that during times of delayed precipitation, vegetation loses its capacity to lessen top stream as there is a limited breaking point to how much water vegetation can hold. An investigation on the Yangtze indicated that under 90mm of overwhelming precipitation, surface run-off was 65mm in forested territories and 35mm in non-forested zones and in this way the woods doesn't hold more run-off (Cheng et al, 1998) and along these lines flood hazard is no more noteworthy. Be that as it may, there can be no uncertainty that deforestation diminishes drainage misfortunes and hence expands the union of leakage water and that deforestation expanded the earnestness of the flooding that the Yangtze experienced in 1998 (Yin and Lee, 1999). The kind of vegetation in a waterway bowl can likewise have an effect on flood hazard, and human movement can in a roundabout way influence this. The rule here is that a few sorts of vegetation hold more water than others and thusly their essence diminishes flood hazard. The catchment region of the Coweeta River in North Carolina was changed over from deciduous hardwood woodland to pine (which is evergreen) over a time of 15 years, from 1940 onwards, and accordingly stream was decreased by 20% (Swank and Douglas, 1974). Be that as it may, albeit particular sorts of plant may for sure altogether decrease stream, the effect they have on flood chance is frequently extensively littler. It has been evaluated that a woods of Ash juniper trees block around 40% of the precipitation that falls on them every year (Owens et al, 2006). This figure is so high as Ash juniper trees are evergreen and accordingly assimilate water throughout the entire year be that as it may, during storms, this figure is decreased to around 10%. This figure remains genuinely comparable for most vegetation during high tempests. We can in this manner state that in spite of the fact that people adjusting the kind of vegetation in a catchment region affects in general stream, the degree to which this lessens the flood chance downstream is insignificant (Wilcox et al, 2006). Land use change is another case of human movement which, in spite of the fact that it isn't finished with the expectation of adjusting stream attributes, despite everything affects downstream flood hazard. Creating urban regions in some time ago rustic ones is currently broadly recognized to have a ‘considerable’ hydrological sway, predominantly careful the manners by which it adjusts overflow (Hollis, 1988). Basically this urbanization delivers an embroidery of impermeable surfaces that expansion run-off and accordingly release during times of high precipitation (Graf, 1977). Notwithstanding, Hollis (1975) contends that while urbanization may expand the repeat time period floods, in uncommon huge scope floods, land use change has little impact on the general pinnacle stream, because of the way that during enormous tempests, rustic regions become immersed rapidly and afterward carry on similarly as urban regions. Notwithstanding this, we can in any case say that land use change from urban to country expands the flood hazard, regardless of whether this expansion in chance is just during littler occasions. In spite of the fact that we are looking at flood hazard in provincial catchment regions, improvement of urban pockets in these zones should in any case be thought of, as even catchments with just some urbanization are still bound to endure flooding (Wilson, 1967). Environmental change is another manner by which man in a roundabout way can affect flooding hazard in spite of the fact that this is a fervently challenged point, as no totally satisfactory clarification of environmental change has been introduced previously (Goudie, 2006). In any case, some atmosphere models have still anticipated that environmental change throughout the following 100 years will prompt higher flood hazard. This is because of the way that in a hotter atmosphere, the air can hold more water, which builds the potential for inactive warmth discharge during low weight frameworks and hence expanded precipitation is likely (Frei et al, 1998). A model in 2002 created by the EU bunch PRUDENCE looked at mid year precipitation in terrain Europe from 1961-1990 and the conjecture for 2071-2100 dependent on the climatic expectations made in the IPCC report. This found albeit generally speaking precipitation may marginally diminish over the mid year, precipitation occasions in the 95th percentile for power would altogether expand (Christensen J and Christensen O, 2003). This would clearly build the flood hazard downstream in rustic catchments. Be that as it may, in spite of the fact that environmental change may, in the coming century, demonstrate to significantly affect flooding, as of now the subject is excessively vigorously bantered to reach any solid determinations on the degree to which human actuated environmental change builds flooding hazard. We can in this manner see that people sway on flood chance in an assortment of ways, some constructive and some antagonistic and all to fluctuating degrees. It merits remembering that in certain zones man might be affecting on flood hazard in both a negative and positive way and thusly having a significantly bigger effect on the stream than would from the start be self-evident. The proof for man affecting on flood chance downstream in rur

Lorraine Glass :: essays research papers

Scene Writing and the Lorrain Glass      Looking through my Lorrain glass I saw various states of mind of a scene. I sat on my vehicle and watched out over a field of apple trees, raspberry shrubberies, and pumpkin patches. Toward the finish of the fields was an enormous white house with a huge amount of windows. The house had a wide yard that went right around to the back. I was unable to see a lot of detail from such a significant stretch, however the smoke coming out of the stack let me know there was somebody inside.      I picked three unique hues to place into my Lorrain glass. Red, yellow, and green records of shading all gave an alternate inclination to the image I was making in my casing. It was practically similar to a preview. I picked hues that I thought were definitely unique to give an alternate inclination for a similar scene.      Each record gave an alternate inclination, however they appeared to be comparative fit as a fiddle. Through the cellophane wrap, when the breeze blew, the pictures appeared to wave. They had a little inclination and looked as though they were moving. It was around 4 p.m. what's more, the sun was simply going down. The sun would hit the Lorrain Glass and made the picture splendid.  â â â â The red bit of cellophane caused me to feel hot. I felt that the sun coming through caused it to appear to be much hotter. It gave me a sentiment of desert warmth with not a single water to be seen. All the trees looked uncovered and dead. The yellow bit of paper caused everything to appear to be radiant and splendid. The house looked brimming with light. I could picture in my brain the proprietor of the house having a glass of lemonade on the patio. The trees, the house, and the pumpkins all appear to spring up. They looked full and vivacious. The green cellophane appeared to be somewhat cold and dim. The sun coming through obviously caused it to appear to be somewhat more brilliant however it despite everything had that feeling of dismalness. The pumpkins looked spoiled and old, the trees seemed exposed with rotten ones around its base, and the house just appeared to mix into the back round.

Individual Rights essays

Singular Rights expositions An individual with HIV/AIDS ought to have indistinguishable rights from some other individual without HIV/AIDS. Everybody ought to be dealt with similarly, without segregation. We have been instructed that segregation isn't right, so for what reason would it be alright to be prejudiced towards somebody with HIV/AIDS? There ought to be no special case; an individual ought to be dealt with similarly with or without this malady. The casualties whom experience the ill effects of this illness are individuals also; they are the same as you. In the event that Apartheid was as yet drilled in South Africa, that would be illegal. On the off chance that the individuals who have HIV/AIDS were to be separated from rest of the general public it would be equivalent to Apartheid. These individuals are equivalent to some other person, they have emotions and they endure. They ought not suffer segregation or have their privileges removed, they experience the ill effects of the ailment. It is inappropriate to show partiality towards an individual of the diverse sex or religion, and to segregate an individual since AIDS influences them is similarly as off-base. Many probably won't have similar suppositions or musings since they have thought about the dangers of living among individuals with HIV/AIDS. Notwithstanding, there are different approaches to enable the general public to control the spread of HIV/AIDS. Training would be key here, security tips for the anticipation of HIV can help tremendously. Another choice would be to simply precautionary measures when managing HIV/AIDS. In the event that the correct precautionary measures are made, at that point the infection can't hurt others. Others accept that casualties of HIV/AIDS ought to be isolated or separated to forestall this infection. This by the by, it isn't just a ghastly method to treat individuals, it conflicts with what we have endeavored to accomplish, value. What's more, in light of the insights there are more that 38 million individuals with AIDS on the planet, isolate would appear to be exceptionally unreasonable. What we need to comprehend is that AIDS can't be evaporated that effectively, taking such uncommon activities wil ... <!

Pretend you dont see her Essay Example For Students

Imagine you dont see her Essay Mary Higgins Clark has conveyed to perusers the fifteenth of her top rated suspensers. In thestarring job this time is Lacey Farrell, a major wheel realtor. Lacey sells extravagance condominiums inNew York City and becomes companions with one of her customers, Isabelle Landi. Their conversationsare revolved around Isabelles little girl, who passed on a few years prior in an auto collision; however,the mother is horribly upset since she doesn't accept that it was a mishap. She isconvinced that the appropriate response lies in a diary that her girl kept until she kicked the bucket. Because of hercuriosity, Isabelle is killed in her little girls loft similarly as Lacey enters the front entryway. Assessment This epic was very elegantly composed and made them wonder who was behind the killings until the end. Mary Higgins Clark was truly adept at keeping this novel intriguing consistently so I needed to continue understanding it. The territories that I will assess are improvement of character, the advancement of tension, and the end. The character, Sandy Savarano, was mind boggling and was depicted well. The starting when he depicted the potential purchaser, Curtis Caldwell, was astute. He was not the slightest bit suspected to be a danger or unsafe in any capacity. He at that point ended up being a very notable hired gunman. Mary Higgins Clark made this character brilliant and made it so he could discover any person or thing he needed to. At that point, later in this novel he filled the role of an older man who should be Alices father. He got a ton of data about Lacy from clueless companions and associates. In general, this character was one of my top choices since he was trul y intriguing and you werent sure what he would do straightaway. The anticipation advancement was finished. In a few distinct minutes the tension continued for a few pages before something really occurred. For instance, in the part where Lacy went to converse with Mrs. Hoffman and Sandy was in her home. Clark put such a large number of engaging words in her composing that you could really envision what was happening. She went from the women hearing the means squeak, at that point ?they saw through the wooden rails in the steps his one all around finished shoe.? ? Lacys slight and trembling hand got a handle on a paperweight the size of a baseball. She stood up, swung her arm back, and, as the professional killer she knew as Curtis Caldwell came into full view, tossed the paperweight with all the quality she could summon, at his chest.? He fell on the floor and dropped his weapon and the police came in to capture him before he could execute the ladies. This occasion was only one of th e numerous thrilling minutes in this novel. The finish of this story was sudden. I had no clue that Steve Abbott, a confided in partner of Jimmy Landis, was liable for the entirety of the killings and the unpleasant experience that Lacy Farrell experienced. He was referenced all through the novel as a decent businessperson, a representative that everybody needed, and an appealing man that was never associated with any wrong-doing. This was a generally excellent determination to a very elegantly composed novel. Generally speaking, this novel was intriguing and flighty. It had the entirety of the significant components to make a story incredible, murder, puzzle, tragedy, sentiment, and anticipation.

Analytical View Of James Joyces Araby Essays - Araby, James Joyce

Expository View Of James Joyces' Araby Essays - Araby, James Joyce Expository View Of James Joyces' Araby # Goldstein ## Sara Goldstein Ernst Account Fiction 22 October 2000 An Analytical View of Araby Perspectives from which stories are composed are utilized to upgrade the general point a story is making. James Joyces Araby is no special case. Described by a little youngster of around twelve or thirteen, it delineates his own transitioning. The use of a first individual portrayal permits the peruser to see things the manner in which the kid sees them; be as guiltless and thoughtful as he seems to be, along these lines feeling the staggering power of his possible acknowledgment. Notwithstanding this transitioning topic, unpredictably woven all through are clues to Joyces derisive perspective on Roman Catholicism, just as numerous scriptural inferences. Araby happens when the new century rolled over in Dublin, Ireland. As of now in history the Catholic Church had an incredible hang on the nation. James Joyce held an enormous abhorrence for the Roman Catholic Church and the strains it set forth, anyway these were not emotions that could be shared transparently. Rather Joyce expounded on them in an emblematic manner, utilizing his composition as an instrument to stand up. The initial section of this story sets it up as one that will do only that. He states, ...it was a peaceful road with the exception of at the hour when the Christian Brothers School set the young men free, recommending that their religion had detained them. The previous occupant of the young men house, an altruistic cleric, had passed on inside and left his cash to establishments and his furniture to his sister. This could be a representative reference to the fall of Roman Catholicism; his home being the nation of Ireland, the minister being the religion. It is addit ionally intriguing to take note of that the minister passed on with a great deal of cash essentially an opposing circumstance (however the storyteller neglects to scrutinize this because of his naivet. How might a cleric end up with such a lot of cash? This is a potential wound at the false reverence and unscrupulousness of the congregation. Religion, overall comes up emblematically commonly all through the story. Joyce makes evident reference to the Garden of Eden while depicting the wild nursery behind the house [which] contained a focal apple tree. This is a corresponding to a notable go wrong, as the kid will before long understanding. Furthermore, about all the young men musings of his quiet reverence can be distinguished as strict references. A significant number of them happen to be sexual wants smothered by religion. The young lady is definitely utilized as a portrayal of the Virgin Mary. One night, before the bazaar, the kid keeps an eye out the window the earthy colored clad figure cast by my creative mind, contacted tactfully by the lamplight at the bended neck, at the hand upon the railings and at the outskirt beneath the dress. All the more explicitly, when the uncle has not yet come back to take the kid to the bazaar, the auntie proposes that he put off the bazaar during the current night of our ruler. This late evening being Saturday, the administration which is committed to reverence of Virgin Mary-kind of what he is doing by going to Araby for the young lady. It is additionally intriguing to take note of that there are on various occasions when he alludes to his fixation in strict terms, for example, her name coming to him in supplication, or her words playing him as though he were a harp. Because of solid strict commitments, sexuality was significantly subdued during the hour of this story. This thought was clearly outlined in the passage which expresses All my faculties appeared to want to shroud themselves and, feeling that I was going to slip from them, I squeezed the palms of my hands together until they trembled, mumbling O love! O love! commonly. The extraordinary sexual connotations of this entry are indisputable. It represents the young men disarray of religion and sexuality. An all the more straight forward case of sexual topics happens when the young lady and kid really talk. Her commitments to her religion (the retreat) abrogate her increasingly sexual wants, while she discharges her apprehensive sexual pressure through whirling her silver arm band around her arm. Besides, the kid appears to make a sexual picture of the young lady

In which I show no restraint whatsoever

In which I show no restraint whatsoever On Sunday, I moved out of Senior Haus for the first time in two years, as Im working at CTD again this year as an RTA for Neuroscience and living at Northwestern for the summer makes it difficult to also live at MIT. My summer job doesnt start until June 23rd, though, so Ive been at home ever since. Ive been in my house for what I think is going on the fifth day (fifth? What day is it?? Is it really Thursday???) in a row and everything is really getting to me, so when I was taking a break from playing yet another game of phone Tetris by looking at stuff on the Internet while on the toilet man, I love wireless internet I did something I swore up and down I wouldnt do this year: I joined the MIT Class of 2013 facebook group. Sophomores and juniors can attest to the fact that I spent ample amounts of time last summer and the summer before answering questions and debunking myths. But Im a senior this year, and after three years of this stuff, I should be entitled to a month or two of just not caring whether or not you decide to do Terrascope or a freshman seminar. (Holy crap, Im a senior. When did that happen?! Wasnt I posting obnoxious froshy comments on the blogs just two seconds ago?) I have absolutely nothing better to do, though, so Ill be posting stuff like the points below: -A four-inch memory foam mattress pad, though pretty damn comfortable, is really not necessary for your bed. In fact, I fear that it may swallow you in the middle of the night in January. You cant really trust anything that retains an imprint of your hand for that long, regardless of what those Tempur-Pedic informercials say. -Where you are temped for REX is not that important. I ranked Baker first in my housing lottery three years ago (SERIOUSLY THIS CANT BE RIGHT IM NOT OLD ENOUGH FOR THIS), got temped in New House, and after REX I moved to Senior Haus, which I love so much that Ive been masochistic enough to run Steer Roast and be Haus president for a year. If you dont like where youre temped, you can move. Unless its McCormick. Or Spanish House. Or Chocolate City. Or no, thats it. -It doesnt matter too much when you take 7.012/3/4/5(?) or which incarnation of the class you decide to take, so long as you pass it and graduate. This does not apply if your major requires it for a ton of classes or if you are really bad at bio, in which case you should take it as soon as possible, as Pass/No Record is kind of your BFF. No, I cannot tell you when I decided to take it, as I got a 5 on the AP Bio exam and got credit for the class. The class of 2010 was the last class for which this was allowed, so I like to rub it in a little bit every now and then. I wrote a post on freshman scheduling two years ago (OH GOD I HAVE BEEN HERE TOO LONG ALREADY), which has a basic outline that doesnt need to be followed, as you can see in the comments at the end of the post. -You do not need to bring your own fire extinguisher. Dont laugh. Someone asked this once. -Yes, Im this awesome all the time. Thank you. My hair just dries like this. -Thats actually a lie. Im not very awesome at all. And my hairs a disaster when it dries. Anyway, I suppose Ill be another one of the eleventy million current students answering questions and countering each others advice in the Facebook group. Moving on to more important information: a Japanese manufacturer recently unveiled its latest invention: a robot that cooks you pancakes for breakfast. This would be the highlight of my life thus far, were it not for the fact that good news, everyone! Futurama just got uncanceled! Better than pancakes: Y/N? Y. Definitely a Y.

Damages Clauses - Free Essay Example

Contents: 1. Introduction P.2 2. The criteria necessary for a purported liquidated damages clause.. P.3 3. The main factors of claims P.4 4. The benefits to Employers and Contractors in a valid liquidated damages clause P.5 5. If the liquidated damages clause is not held to be valid and enforceable P.6 6. Conclusions and Recommendations P.10 Question 2: Discuss the criteria necessary for a purported liquidated damages clause to be held to be valid, the benefits that would accrue to Employers and Contractors in agreeing a valid liquidated damages clause and the principles (including but not limited to any disadvantages) involved in claiming damages if the liquidated damages clause is not held to be valid and enforceable 1. Introduction The implementation of construction projects are based Supervision Contract, construction contract as a medium to investors, supervision, construction of the three parties together, both interrelated between them, and mutual restraint, in order to realize the investments project progress the quality objectives are and work together. Therefore, the project contracts are essential for any party to the project file. The construction contract management is the most important daily management. The Fulfillment of Contracts, the contract because of the other party fails to perfo rm or improper performance of the tasks agreed in the contract losses and to the other party claims duration and economic, they constitute the core of contract management. To strengthen construction contract and claims management is not only to ensure the smooth progress of the construction works, the better for companies to avoid the unnecessary loss, strive for more profits The construction industry of Hong Kong determines was rapidly to increase of various engineering construction projects. Demand for the construction industry growing wider. Due to construction in a longer period of time. Moreover, many building and infrastructure projects will be still overflow the original contract period.. For the project quality it directly associated to peoples lives and the property safety. This determines the particularity of the project construction. In project construction, signed a contract to make all kinds of effective measures to ensure the quality of the project. The contract con clusion to the both sides responsibility shall perform the provisions of made clear that if one party does not strictly abide with the terms of the contract entered into by the other party of the contract so that the losses, than the defaulting party shall immediately to stop the breach of contract and shall be punished in the accordance with regulation or pay the injured party liquidated damages to compensate for the loss caused to the other party. 2. The criteria necessary for a purported liquidated damages clause To quote à ¢Ã¢â€š ¬Ã…“Requirements for a valid liquidated damages provision To succeed in a liquidated damages claim contractual, a party must be establishment: There has been a breach of contract; That has suffered a loss; That is a causal connection between the violation and the losses that party wants to close.à ¢Ã¢â€š ¬Ã‚  1Pinsent Masons, Out Law .com, guide (Liquidated damages) ( August 2011) https://www.out-law.com/en/topics/projectsconstruction/construction-contracts/liquidated-damages/ Liquidated damages is a agreement when the party of the contract commit to the pay of a certain amount of as a fixed and agreement upon satisfaction for not doing something in especially mentioned in the contract. If the work was completed late such a sum is enforce, due to their default the complete work was late. On the other hand, a penalty is a sum included in the contract which is intended to punish severely the contractor and is far higher than the employer estimated the loss .Such as the sum would be unenforceable. Claims causes: 1. The contract change with technology, continuous development of new technology, the employer of the projects have become more complex, so that very difficult design in construction is increasing, but the scene is often unforeseen happens. So designers in the design perfe ct, absolutely no mistakes is not possible. Often in the construction process, they need for design changes, sometimes according to the situation, the engineer will instruct change construction methods, which would lead to changes in construction costs and schedule. 2. The contract documents (including technical specifications) into the implementation phase defects sometimes contract, only to find that the contract itself has irreparable flaws, or ambiguous language, or the existence of loopholes or contradictions, inconsistencies caused both sides to understand. This will cause controversy, leading to claims. 3. In the construction site is not required to provide the materials, equipment, failure to pay for projects, engineers, mainly in the breach of contract because they cannot solve the problem, errors in the work, demanding inspection and other factors, interfere with normal construction. The reason due to problems with third-party engineering related contract or agreed t o enter into a third party occurred, the impact on the project schedule or cost, and can also be the cause of the claim. 4. Change policies and Ordinance, that regulations mainly refers to the project cost- relevant policies and regulations, because the timing of the project cost has a strong, regional, so the relevant authorities and the rest of the country will be the introduction of relevant policies, laws and regulations. Some are enforceable, and will change with the market, technology, and constantly changing, it will cause changes in the duration and cost become claims. [i]1Pinsent Masons, Out Law .com, guide (Liquidated damages) ( August 2011) https://www.out-law.com/en/topics/projectsconstruction/construction-contracts/liquidated-damages/ 3. The main factors of claims: Due to a contractor to unable to fulfill the contractual obligations and it will be cause a chain reaction. If one fails to various contractors on time, is performed sequentially, and get something done, inevitably bring about the interference with the after sequence construction work units. Due to changes in the environment, such as: market price increases, changes in the law, abnormal weather conditions, unusual geological conditions, are leading to a potential incentive engineering claims. Under the contract should be extended period, the contract price will be adjusted for accordingly Due to the Tender documents, contract-specific terms, general terms of the contract, drawings, of Bill of Quantities and during performance of the contract agreement and a series of supplementary files, if the contract documents are not rigorous, even contradictions, omissions or errors will become produce one of the important factors claims. The Claims are in the process of implementation of the contract, because the other party fails to perform the contract or fails to properly perform their obligations under the contract or fails to protect commitments contractual conditions are fulfilled after suffered a loss, that request for com If the delay is the contractorà ¢Ã¢â€š ¬Ã¢â€ž ¢s responsibility he may consider it financially more advantageous in the absence of an obligation to use best endeavors, to allow the work to overrun the contract period and to pay liquidated damages. 4. The benefits to Employers and Contractors in a valid liquidated damages clause In the construction process, because of the complexity and multiple engineering technology and the environmental variability, it is impossible to completely avoid claims. Claims that the parties to safeguard their economic benefits means the rights of the parties ,as a good claims management it to raise the preventive countermeasures to avoid a con tract controversial, so that the project can be completed in accordance with the scheduled time of high quality, for a win-win for both parties. To quote à ¢Ã¢â€š ¬Ã…“the case law Dunlop Pneumatic Tyre Co Ltd v New Garage Motor Co Ltd[1915]à ¢Ã¢â€š ¬Ã‚  The Court to find out whether the payment provision is in the truth finds or liquidated damages. The liquidated damages is essence for the contract to pre-estimate of damage. A question of construction to be decided upon the terms and for each particular contract under the inherent and judged as at the time of sign the contract circumstances, not as at the time of the breach. Which applicable to the case under considered, prove to be: It will be held to be a penal sum. If the sum is provisions and exorbitant in amount in compare with the greatest of loss that can envisaged in proved to have followed from the breach of contract. A single lump sum is made pay by method of claimant, on the occurrence of one or more or all of multiple events, some of which may occur serious and others but Notable for appear punitive damage. There a no hinder to the sum promised being a real to pre-estimate of damage. That the consequences of the breach of contract are such as to make precise pre-estimation nearly as impossibility. Conversely, the situation when it is possible to obtain at pre-estimate damage be true bargain between the both sides In this case, the essence of liquidated damages is that it is a genuine covenanted pre- estimate of damages. Whether a sum is a penalty or liquidated damages is a question of construction to be decided upon the terms and circumstances of each particular contract judged at the time of making the contract not at the time of breach. Moreover, it must prove their actual losses, mitigation, which is to take reasonable steps, covered by the liquidated damages provisions to avoid or minimize loss of benefits. In fact, if the clause was valid and applicable, the employer will have the right to specify a penalty even if they have no actual losses. 5. If the liquidated damages clause is not held to be valid and enforceable. To quoteà ¢Ã¢â€š ¬Ã‚  If liquidated damages become unenforceable and hence an entitlement to unliquidated damages arises, can the unliquidated damages be greater had the liquidated damages. In the event of there being no such provision, time can become at large and the right to levy liquidated damages for any delays caused by the contractor is lost if delays are to any of these reason. In Rapid Building Group v Ealing Family Housing Association Ltd (1984) It is accepted that a party must elect whether to claim liquidated or unliquidated damages; but as it seems to me, where the claim for liquidated damages has been lost or has gone, as has been rightly held by the judge, the defendants are not precluded from pursuing their counterclaim for unliquidated damages. It is not accepted on behalf of the defendants that if they pursue their claim it has on it a ceiling equal to the amount of liquidated damages It was startled to be told in the course of the argument that if any part of the delay was caused by the employer, no matter how slight, then the liquidated damages clause in the contract clause 22 become inoperative. In peak construction it was held: if the employer is in way responsible for the failure to achieve the complet ion date, he can recover no liquidated damages at all and is left to prove such general damages as he may sufferedà ¢Ã¢â€š ¬Ã‚  2Roger Knowles (2000) ONE HUNDRED CONTRACTUAL PROBLEMS AND THEIR SOLUTIONS p.68,Blackwell Science Ltd Where liquidated damages become unenforceable it will be for the employer to prove such general or unliquidated damages as he is claiming. This is in contrast to liquidated damages which require no proof to be enforceable. The question then arises as to whether, should the general damages which the claimant is able to prove exceed the liquidated damages included in the contract will payment become due for the greater amount so proved. 2Roger Knowles (2000) ONE HUNDRED CONTRACTUAL PROBLEMS AND THEIR SOLUTIONS p.68,Blackwell Science Ltd 6. Conclusions and Recommendations To conclusion, In this study through the concept of the contract, the main content, causes and current situation of contract management and claims be described, quote the cas e of claims related to introduce Construction Contracts, knowledge of contract management and claims management. Construction contract claims is a complex issue, that involving the knowledge economy, technology, law, management, finance and other aspects. Hong Kong is in a stage of rapid development and the claims are becoming increasingly frequent. Enhanced Claims awareness, strengthen contract and claims management to avoid unnecessary losses, ensure a schedule, quality and economic efficiency of the necessary means. Construction contract is the basis for the claim and the claim is a continuation of contract management. Project claims to prevent the above factors engineering claims analysis produced for the project claim, the owner as a management major is very hard in preventive aspects, specifically should do the following: Earnestly of preparing the project work, to make program, meticulous design work as closely as possible, required under the contract hundred perc ent complete. In the tender document production, and strive to reach contract of engineering content, one-time contract tendering out. In the implementation process of the claim, the claim is particularly important skill. Due to the objective of environmental conditions, and specifically the following: Looking for a claim early opportunity Signing a contract agreement Must be confirmed the verbal of change orders Timely to attach the issue Claims notice 5. Provide adequate demonstrate as a claims report Claims and expenses to calculation under the appropriate methods Individual claim strive to avoid claims; Strive to amicable settlement, prevent antagonism 7. References Case Law Study Dunlop Pneumatic Tyre Co Ltd v New Garage Motor Co Ltd[1915] Rapid Building Group v Ealing Family Housing Association Ltd (1984) Reference Book 2Roger Knowles (2000)ONE HUNDRED CONTRACTUAL PROBLEMS AND THEIR SOLUTIONS p.68,Blackwell Science Ltd References Online Website 1Pinsent Masons, Out Law .com, guide (Liquidated damages) ( August 2011) https://www.out-law.com/en/topics/projectsconstruction/construction-contracts/liquidated-damages/ P.1 [i]

Mistress Quickly Character Analysis

Mistress Quickly, like Sir John Falstaff, appears in several of Shakespeare’s plays. She is of Falstaff’s world and provides comic relief in the same way as Falstaff. She appears in both Henry IV plays, Henry V, and The Merry Wives of Windsor. In the Henry plays, she is an innkeeper who runs the Boar’s Tavern frequented by Falstaff and his disreputable friends. Mistress Quickly has links to the criminal underworld but is preoccupied with keeping a respectable reputation. Bawdy Humor Mistress Quickly, whose nickname is Nell, is prone to mishearing conversations and misinterpreting them with innuendo. Her knack for double entendres let her aspirations for respectability down. Her character is most fully rounded in Henry IV Part 2, where her bawdy language lets her down in pursuit of gentility. She is said to be married in Part 1 but by Part 2, she has been widowed. She is friendly with a local prostitute called Doll Tearsheet and defends her against aggressive men. Her name itself has sexual connotations  Ã¢â‚¬â€Ã‚  Ã¢â‚¬Å"quick lay† or â€Å"quick† was then associated with being lively, which could also be interpreted sexually. Mistress Quickly in Henry IV In Henry IV Part 1, she takes part in a parody version of a court scene where Falstaff pretends to be King. In Henry IV Part 2, she asks for Falstaff to be arrested for running up debts and for making a proposal to her. At the end of the play, she and prostitute friend Doll Tearsheet are arrested in connection with a man’s death. Mistress Quickly in The Merry Wives of Windsor In The Merry Wives of Windsor, Mistress Quickly works for Doctor Caius. She is a messenger in the play, delivering notes between the characters. In the end, she pretends to be the Queen of the fairies as part of a practical joke on Falstaff. Mistress Quickly in Henry V Described as Nell Quickly in Henry V, she is at Falstaff’s deathbed and delivers the message that he has died to his former friends. She marries Falstaff’s ensign Ancient Pistol, who was believed to be involved in the man’s death she was arrested for in Henry IV Part 2. Apart from the name being the same, there are some discrepancies between the Mistress Quickly of the History plays compared to the Mistress Quickly in The Merry Wives. She is no longer an innkeeper in The Merry Wives and is now serving the Doctor. There is also no evidence that she already knows Falstaff. The only hint that she becomes a widow is that in Henry IV Part 2, Falstaff promises to marry her. But there is evidence that she is past childbearing age in that she is described as â€Å"pistol proof.† She has also known Falstaff for 29 years, so we know she is of ripe age! Comic Relief It is interesting that both Mistress Quickly and Falstaff feature in several plays, suggesting that they were both very popular characters. Both these characters are flawed and have aspirations for greatness  Ã¢â‚¬â€Ã‚  and therefore, understandably appeal to the audience (who would also be aspiring for better things for themselves). Both characters provide comic relief through their dubious reputations. Mistress Quickly is used as a vehicle by Shakespeare for delivering bawdy language and exploring the seedier side of life. For example, this passage from Henry IV Part 2, Act 2, Scene 4: Tilly-fally, Sir John, ne’er tell me. Your ensign-swaggerer comes not in my doors. I was before Master Tisick the deputy the other day, and, as he said to me ‘twas no longer ago than Wedn’sday last, i’ good faith  Ã¢â‚¬â€Ã‚  Ã¢â‚¬ËœNeighbour Quickly’ says he, ‘receive those that are civil, for’, said he, ‘you are in an ill name.’ Now a said so, I can tell whereupon. ‘For’, says he, ‘ you are an honest woman, and well thought on; therefore take heed what guests you receive. ‘Receive’ says he, ‘ no swaggering companions.’ There comes none here. You would bless you to hear what he said. No, I’ll no swaggerers. Source Shakespeare, William. Henry IV, Part II. Folger Shakespeare Library, Dr. Barbara A. Mowat (Editor), Paul Werstine Ph.D. (Editor), annotated edition edition, Simon Schuster, January 1, 2006.

Violations of the Electronic Switching Devices Free Essay Example, 2250 words

This paper illustrates that dangerous problem arose on the electromagnetic environment with fire and smoke detection systems in the 90's, relating to equipment; Such as jamming of fire and smoke, the distortion to the signal sent and received, a system crash or stop in the control room and violations of the electronic switching devices. The devices were discovered much affected when electromagnetic devices such as mobile were very close about 1-2 meters. It was documented that due to the failure, either temporarily or permanently, from one device to the whole problem of the system. Sensors and detectors manufacturers have taken it very seriously, because the fire-detection system may cause a fire in buildings. Williams and Armstrong described that the more dangerous effects of electromagnetic interference were recorded in public buildings. Recording possibly leaves the risky impact on science and technology department of the university. In the last decade, cellular communications wi ll be used almost anywhere and will expand effectively. Influence of electromagnetic expanded due to the use of devices in this technology. On the other hand, recent improvements provisions applicable to fire and smoke detection considered digital devices useful for real-time applications in the fire. We will write a custom essay sample on Violations of the Electronic Switching Devices or any topic specifically for you Only $17.96 $11.86/page Experts have found that the distance of 2 m or less than 2 m between devices can cause serious operational difficulties and be covering the closure of the system.

Cultural Competence Of A Multicultural World - 1784 Words

As I’ve lived and had time to watch people, I’ve realized that some people are very fond of intercultural relationships. This could be because of many different things but I’ve found a few that are just down right cool and unique. â€Å"Relationships are powerful. Our one-to-one connections with each other are the foundation for change. And building relationships with people from different cultures, often many different cultures, is key in building diverse communities that are powerful enough to achieve significant goals. (Chapter 27. Cultural Competence in a Multicultural World | Section 2. Building Relationships with People from Different Cultures | Main Section | Community Tool Box, n.d.). The main benefit is that the person gains an†¦show more content†¦Your friend may have learned easier ways to help remember a phase or word. Your friends who speak the language that you want to learn will be able to play and joke around with you while they re teaching you all of the basics. You will be a pro before you know it because you will learn so much in the process and develop a great friendship. Many people would be quicker to form either a romantic relationship with a person from a different culture because of how their offspring may come out. A lot of people love to have intercultural children because they can be exposed to many different things and become more diverse. The world has changed so much because of people wanting to be in a relationship where there s multiple cultures involved. Having children to grow up being bilingual is also a reason to have offspring by a person of a different cultural. Another top reason to form any type of cultural relationship is to just be different. I can actually relate to this because sometimes it just becoming boring doing and learning about the same things. I love to broaden my horizon and that is something that others love to do as well. Being different stands out more in the cultural world than just being basic does. As much as people love intercultural relationships, some people tend to be very cautious when it comes to them. This could be because of the dangerous things they have heard about a

The s Candide And The Old Woman Arrive Of Cadiz, And Of...

Voltaire’s Candide, or Optimism is widely regarded as a work of the enlightenment period and offers a satire on philosophy, religion and current events (of the time). This essay aims to provide an analysis of Chapter 10: In what distress Candide, Cunà ©gonde and the old woman arrive in Cadiz, and of their embarkation. Firstly considering terms of context this essay will look at the way knowledge of philosophy and attitudes towards women illuminate the readers understanding of the passage. Secondly examining how narrative technique is used this essay will look at speech and the presentation of the narrator. Finally this essay will reflect on distinctive features of language and how Voltaire’s characterisation contributes to the meaning of the passage. To effectively analyse Candide it is important to consider its context, particularly in a philosophical setting. Knowing the entire work is a critique of the Leibnizian views on optimism aids in understanding this passage. The character of Pangloss represents opinions held by followers of Leibniz and Candide quotes his former tutor a number of times in the passage. Candide attempts to convince Cunà ©gonde and the old woman that â€Å"the new world is the best of all possible worlds†. Voltaire uses the repetition of this statement to mock supporters of Leibniz, as by repeating it in regards to a number of horrific scenarios renders it an almost banal and inane comment. In this passage Candide truly believes that the next place they arrive

An Overview of the Life of John Kennedy Free Essays

John F. Kennedy was one of the most liked and dedicated presidents of the United States of America. His presidency ran The second of nine children, John Fitzgerald Kennedy was born in a three story wooden house on May 29, 1917; in Brooklyn, Massachusetts. We will write a custom essay sample on An Overview of the Life of John Kennedy or any similar topic only for you Order Now His parents were Joseph P. Kennedy and Rose Joseph Kennedy intended for his sons to receive the finest private school education possible. Johns education started at a private Dexter school in Brookline. During fourth, fifth, and sixth grades John enrolled at Riverdale Country Day School. At the age of thirteen, John entered the Canterbury School in Milford, Connecticut. The spring of 1931, John suffered an attack of appendicitis. He had to stay home and rest for the remainder of the school year. Kennedy†s† parents decided to hire a tutor to help him catch-up during the summer. John passed Math, English, and Latin. When he finally recovered completely, he entered Choate, a fine prep school in Wallingford, Connecticut. When John graduated from Choate, in 1935, he planned to study for a year at Londons School of Economics. Then at eighteen years old, John came down with an illness called Jaundice. In the fall, John joined his friends, Lem Billings and Rip Horton at Princeton University. He later had another attack of Jaundice that forced him to miss school for one semester. Johns father then encouraged his son to enter Harvard University in the fall of 1936. John graduated from Harvard in 1940, with a degree in Political Science. He then entered Stanford University in California. While there he studied Economics and tried his hand at writing. During this time, the war was raging in Europe. John decided to enlist in the Navy on September 22, 1941. He served four years and was ischarged when the war ended in 1945. At 28 years of age, he was heading for a successful career as a newspaperman. His father began pushing him towards another career— Politics — He believed that since Johns older brother was dead, that it was his responsibility to run On January 3, 1947, John took the oath of office as a US Congressman. Later, in 1952, Kennedy decided to run for United States Senate. In 1953†¦. Kennedy decided to marry and wed Jacqueline Lee Bouvier. He was 36 and she was just 24 when they were married in a Roman Catholic ceremony. Later that year, John began suffering terrible back pain. In 1955, he underwent surgery to repair a spinal injury. While recuperating, he wrote a book called, Profile in Courage The book was about American Political leaders who defied the publics opinion to vote according to their consciences. For this work, he received the Pulitzer Prize. He then returned to his political career. Although John barely lost the Democratic Vice-presidential nomination in 1956, his overwhelming re-election as Senator in 1958 helped him towards his goal of becoming a Presidential Candidate. In 1960 John Fitzgerald Kennedy became President of the United States. At 43 years of age, he was the youngest man to ever hold this title. On November 22, 1963 John was 46 years old and just ending his third year as President. He was just planning his campaign to run for a second term as President. On this date, John and his wife, Jackie, flew to Texas to take part in his political tour. After there arrival, they got into the back of an open limousine with Texas Governor, John B. Connally and his wife. About 12:30 Mrs. Connally remarked, â€Å"you certainly can†t say that the people f Dallas haven†t given you a nice welcome,† as people lined up everywhere. Before Kennedy could respond, a shot was fired. From a sixth-floor window. a sudden rifle shot rang out, fatally wounding the president, a second shot hit the Governor, and a third shot struck Kennedy in the back of the head, causing his death. At one p. m. , that same day, reporters rushed from the hospital to spread the horrible news. As a victim of assassination— the President of the United States was dead. The whole country mourned the death of J. F. K. Those who knew him or knew of him will forever remember this wonderful man. How to cite An Overview of the Life of John Kennedy, Papers

Essay The Heroin Epidemic Example For Students

Essay The Heroin Epidemic Volunteering and participating in service projects are two of the most rewarding activities in my opinion. Some people may find it was a hassle or only do it because they have to meet the minimum requirement for school or work. Helping others, for me, has always been somewhat second nature to me. Over many years of volunteering I believe I have developed qualities that will stick with me for life and benefit me in my career. As early as freshman year, in high school, I found myself looking for ways to give back. I started by looking for opportunities within school, where I came across the A+ tutoring program, and so my journey of giving back began. While tutoring, my patience for others really evolved, partly by choice and partly because it had to. I was always searching for community programs to be a part of that could help me evolve as a person and at the same time raise awareness to important issues. I think overall one of the biggest lessons I learned while being a part of these groups, was to try to make yourself and your community a better environment for your peers. After high school I still volunteered for a local group that tutored and mentored inner-city schools, but it wasn’t until recently that I discovered a superior problem requiring immediate service in our community. The heroin epidemic. ‘Heroin is an opioid drug that is synthesized from morphine, a naturally occurring substance extracted from the seed pod of the Asian opium poppy plant.† (Heroin) The deadly drug has been around since the 1850’s; it was a leading causing death then and is heading to be one again now. Heroin use is on the rise due to how cheap, easy, and pure it is. In the past year alone, I have personally known three people that have died because of a heroin overdose. â€Å"Statistics data from the Missouri Department of Health and Senior Services indicate that the number of deaths in Missouri residents because of heroin overdose has increased significantly within the last four years from 69 cases in 2007 to 167 in 2009, and 190 in 2010.†(Facts) In the St. Louis area at least one person is killed a week because of this drug. You would think that people would stop using when they hear the statistics, or when they see their friend die because of it, but the truth is they canà ¢â‚¬â„¢t stop because they are already addicted. Alison, a young girl using states, â€Å"From the day I started using, I never stopped. â€Å"Within one week I had gone from snorting heroin to shooting it. Within one month I was addicted and going through all my money.† (International) The expanding epidemic of unawareness is taking its toll on the adolescents of St. Louis City, St. Louis County, and the rest of the world. Maslow’s Hierarchy of Needs makes it somewhat easier to understand why people use heroin. The top three levels of the pyramid, 1.social 2.esteem 3.self-actualization, show what people are trying to get out of using. Most people will begin using due to peer pressure and trying to fit in. What kids do not realize is that the first time using could lead to addiction. So they will continue using because it makes them feel better about themselves, it becomes a part of who they are. Pretty soon they look around and realize heroin is the only thing they have left, because everyone else has left. These problems teens are facing here in Missouri are the same ones they are facing all over the world. A recent statistic from the International Statistics of Heroin Addiction Abuse reports that over 9 million people in the world are using heroin. (International) You read stories every day of kids, teenagers, adults, celebrities, mothers, and fathers all who have gotten their hands dirty with the drug and eventually die because of it. â€Å"Just as rock stars helped popularize LSD during the 1960s, so have some fashion designers, photographers and advertising people of today influenced an entire generation of youth, by portraying heroin use in magazines and music videos as fashionable and even desirable.†(Trying Heroin) Celebrities such as Russell Brand, Kurt Cobain, and recently passed Philip Seymour Hoffman and Cory Monteith all used and suffered the tragic effects of heroin. People have yet to realize and comprehend the devastating effects, or at least that is what I think, because why else would you put yourself through that? Therapy Should Be The First Line For Treating PainIn hopes of raising the most awareness and trying to prevent as many deaths as we can, I would initially try and create a uniform front with the existing Heroin Awareness Campaign website. This website is a campaign for heroin awareness that started â€Å"because of the increased use of heroin in the area and the resulting overdose deaths, the National Council on Alcoholism Drug Abuse St. Louis Area approached the Missouri Division of Alcohol and Drug Abuse and asked for help in finding ways to increase awareness about the dangers and realities of heroin in the Greater St. Louis Area. The Division provided funding to allow NCADA to launch the Curiosity + Heroin: Not Even Once campaign.† (Curiosity) They are a campaign that has taken imitative to raise awareness; I think pairing with them would help both of us in the long-run. I think starting out by working with this campaign would ease the process of getting my project off the ground. They already have established connections and support from the NCADA, a respectable foundation, with them supporting my project it would be easier to perform the second part of the project. Success of this type of service learning project could be hard to accurately measure, but I do believe we could somewhat determine its effectiveness. Following the statistics of drug overdose due to heroin in St. Louis city could give some headway to as if the project is actually producing real results. Another possibility to measure effectiveness could be anonymous before and after surveys. They could collect data on what people know about the drug, who has or hasn’t used it, and who would be willing to try it. Assessing what you’re dealing with beforehand could lead for a better result in the long run and possibly save lives. My service learning project requires a lot of determination and patience on my part. It will require a â€Å"strong team environment with people who share the same expectations and goals as me.† Distributed leadership between about ten people would be beneficial to accomplishing a lot of work in a short amount of time. I know I will be in charge of downward communication during most parts of the project, but I believe openly welcoming upward communication could result in a better outcome. Brainstorming from different types of people provides for finding the best ways to do a specific task. I would hope to create an organizational culture that people in other communities would like to mimic. Starting in St. Louis could be only the beginning, spreading the message nationwide and executing the same ideas could produce a great outcome and potentially save thousands of lives. For this particular SLP, I think it will teach me a lot of qualities about volunteering and changing a comm unity, qualities that will carry over into my career. My team skills and ability to be patient would most certainly be strengthened during the length of this project. Overall I believe any SLP you choose to do should be something you are passionate about, something you know you can change by exerting hard work. (Lehman) Bibliography Curiosity + Heroin: Not Even Once About. Curiosity + Heroin : Not Even Once About. N.p., n.d. Web. 12 Mar. 2014. Facts Stats About Heroin. Surburban Junky. N.p., 2011. Web. Heroin. National Institute on Drug Abuse (NIDA). N.p., n.d. Web. 12 Mar. 2014. International Statistics of Heroin Addiction Abuse, High School Students and Youth: Foundation for a Drug Free World. International Statistics of Heroin Addiction Abuse, High School Students and Youth: Foundation for a Drug Free World. N.p., n.d. Web. 12 Mar. 2014. Lehman, Carol M., and Deborah Daniel DuFrene. BCOM. Mason, OH: South-Western, 2013. Print. Trying Heroin Once, Addiction, Abuse Experimentation: Foundation for a Drug Free World. Trying Heroin Once, Addiction, Abuse Experimentation: Foundation for a Drug Free World. N.p., 2006. Web. 11 Mar. 2014.

Court Intervention in Arbitration Process for Enforcement of Arbitrato

Question: Discuss about theCourt Intervention in Arbitration Process for Enforcement of Arbitrators. Answer: An arbitration is basically the non-judicial process of settling a dispute wherein an arbitrator (an independent third party) makes a binding decision which carters for every person need. The arbitration process is suitable because it is inclined to address the needs of the parties, the arbitrators can be selected for their expertise, its confidentiality, cheaper than a court proceeding, there exist restricted grounds of appeal and the awards of arbitration are enforceable by the court implying they are done formally. There are various situations where court intervenes before the reference to arbitration, during the arbitration process of a petroleum-related dispute and after the arbitration process. Before the beginning of the arbitration the court can intervene in two circumstances: to stay on legal proceedings, court can indirectly direct an arbitration after the application of a party to an arbitration agreement; interim protection measures where the courts own power to in relati on to interim orders purposely for maintaining the status quo not known and during arbitration; and if the party requesting of the legal proceedings goes to court in the manner outlined under rule 2 of the Arbitration Rules of 1997, this is according the Kenyan laws (Shapiro, 1968). The court can intervene in extending the powers of the court (Park, 1997). The section 44 of the Arbitration Act 1996 bestows power upon the court to give interim injunctive relief to offer protection of an arbitration. This section has critical jurisdictional restrictions and limits any appeal rights to the case in which the judge himself has offered an authority permission to appeal. In the case of SABMiller Africa v East African Breweries Ltd [2010] EWCA Civ 1564 the question was in the parties initially had an agreement extended by the power of the court as provided under section 44 and in case they had, was that extension permissible or not? An application of section 44 what witnessed in the case of Petroleum Investment Company Ltd v Kantupan Holdings Co Ltd, October 2001 considered by Toulson J an unreported ruling which significantly gives the discretionary and the jurisdictional elements in granting relief. The next situation is when there a need to dismiss the claim for non-compliance. The section 41(3) of the Arbitration Act 1996 states that "If the tribunal is satisfied that there has been inordinate and inexcusable delay on the part of the claimant in pursuing his claim and that the delay (a) gives rise, or is likely to give rise, to a substantial risk that it is not possible to have a fair resolution of the issues in that claim, or (b) has caused, or is likely to cause, serious prejudice to the respondent, the tribunal may make an award dismissing the claim." the first challenge against an award under section 41(3) was witnessed in TAG Wealth Management v West [2008] EWHC 1466 (Comm) classified under the sections 69 and 68 of the 1996 Act. It is also the power of the court to awards interest. Mr Justice Beatson took into consideration the power of the court in the case of Gater Assets Ltd v NAK Naftogaz Ukrainiy (No 2) [2008] EWHC 1108 (Comm) in giving a judgment to enforce a New York Convention Award, for an award of interest for the duration between the award date and date of payment in situations where the arbitrators have not taken an initiative to do so (Park, 1997). The court is a subject to giving orders of protection during the Arbitration. Expect in cases where the parties have agreed otherwise, the arbitral tribunal can ask for a party order (any of the parties) to avail an interim protection measure to the extent to which the tribunal may see it necessary in relation to the issue in dispute. For instance, in IPCO(Nigeria) LTD v Nigerian National Petroleum Corp [2017] UKSC 16, enforcement issue arose. The UK Supreme Court offered significant guidance concerning when security may or may not be ordered in the proceedings to implement a New York Convention award as outlined in AA 1996. It laid up the order of the Court of Appeal (CA) directing the Nigerian National Petroleum Corp (NNPC) to raise $100 million security relevant to the Nigerian Arbitrary award in favour of IPCO (Nigeria). The SC ruled that the court powers to subject conditions on orders were not significant and appropriate in this case. The enforcement conditions were undertaken under the New York Convention outlined codes which disregard the security requirement in situations of the presence of an arguable challenge under article V (Park, 1988). The court can intervene in Assisting to gather evidence for the Arbitration use. The has the power to pick evidence for use during the tribunal hearing if either of the parties request. As per Section (44)(2)(e) of Arbitration Act of 1996, the court has the permission to offer an interim injunction in the help of the arbitration agreement. In a case of urgency, the court may come in to preserve evidence or assets as (s44 (3)). The court has the power to decide on the challenge of an attributor brought through court. The parties are allowed to decide on how to challenge an arbitral tribunal under the section 24 of the AA 1996. in P v V and others [2017] EWHC 148 (Comm), the court rejected that the application for disclosure of documents. In P v V and others [2017] EWHC 194 (Comm). Popplewell J rejected the application to disregard the arbitrators appointed by the two parties. He discovered that the tribunal had not appropriately assigned its decision-making roles to the tribunal secretary to get his perception on procedural applications. Popplewell realized that the evidence was inadequate in establishing a shortcoming to carry out proceedings. No evidence of significant injustice existed as outlined by section 24 of the AA 1996. In some other cases, the court can still approve the removal of an arbitrator under section 24 AA 1996 in case the party- nominated arbitrator lacks the qualifications required as in Toniscar Ltd and other v Allianz Insurance and others [2017] EWHC (Comm). Arbitration form one of the cheapest and comfortable means of solving disputes with less privacy breach. in relation to petroleum laws, court intervention makes the whole process much better assisting in legal adherence and protection of the arbitrators. (Lew, 2008) References Shapiro, D. L. (1968). Some Thoughts on Intervention Before Courts, Agencies, and Arbitrators. Harvard Law Review, 721-772. Lew, J. D. (2008). Does national court involvement undermine the international arbitration process. Am. U. Int'l L. Rev., 24, 489. Park, W. W. (1997). Determining Arbitral Jurisdiction: Allocation of Tasks Between Courts and Arbitrators. Am. Rev. Int'l Arb., 8, 133-367. Park, W. W. (1988). National law and commercial justice: Safeguarding procedural integrity in international arbitration. Tul. L. Rev., 63, 647.

Race in America Revision an Example of the Topic History Essays by

Race in America Revision Introduction Need essay sample on "Race in America Revision" topic? We will write a custom essay sample specifically for you Proceed America's history of prejudice, racial conflict and segregation shaped the status of race relation in America today. The discrimination netted towards the blacks in the slave era contributed greatly to the relations between the black and white American and could have served to determine the current problems that mark their economic and social life. Segregation was so much a part of the African American that it almost became a part of his culture too. The feeling of inferiority to the white race is not something that can be wiped out easily. While most whites are for the opinion that most of the problems resulting from social intolerance have been solved with time, most colored people on the other hand support the claim that racism has never actually stopped but has only changed faces. The gap in perception is a result of the different forms of life that the two groups are exposed to. Blacks experience more violence in their daily encounters than do whites and the fear of violence is therefore not easy to erase from their minds. The American society is still characterised by stereotypes such as blacks being less intelligent than whites, or blacks being inferior and since most people are exposed to such stereotypes in their childhood, they grow up with the attitude. As a result whites will continue to live with denial that racism exists and that it is exaggerated while the colored continue to advocate for the abolition of racism. University Students Very Often Tell EssayLab professionals: How much do I have to pay someone to write my assignment online? Essay writers suggest: Find Your Helping Hand! Race In America The American Civil War fought between 1861-1865 marked a four year period of brutal and bloody warfare in American History. This war sparked by the election of Abraham Lincoln as president, a man who was greatly opposed to slavery. As a result, 11 sates from the South that wished to extend slavery broke away from the Union of American States and elected Jefferson Davis as their president. This posed a threat to the future of America as a union and it was inevitable that a war be fought to preserve this union. This factor and the issue of slavery culminated in the outbreak of the civil war in 1861. During this war, the South lost considerably and as a result slavery was abolished in America but with a very high cost to human life (Hall Simon Hall.). After the war ended, need arose then to amend the constitution so as to accommodate the new freed slaves and this led to a change in the federal and state laws of the time. Three major amendments were made namely, the thirteenth, fourteenth and fifteenth amendments through which slavery was officially abolished, racially biased restrictions to voting were done away with and all Americans were now entitled to federal legal protection irrespective of their racial background. The freed slaves now were privileged to enjoy a kind of life that their brothers had earlier only dreamed of. The blacks could now vote, had the privilege of holding office and their children could now attend school. But freedom was not easy to come by for the African Americans especially in the South. During the reconstruction, the whites in the South designed some laws known as the black codes, which were aimed at reducing the opportunities that the blacks had received upon being freed. Free blacks were now entitled to taxation and they could not enjoy the privilege of either owning guns or even renting property. However in the year 1875, a new act that would favour the blacks was enacted in the American Constitution and it stated that all persons within the United States had equal rights. President Lincoln in his efforts to make life easier for the blacks established the Freedman's Bureau, a federal agency aimed at supporting the freed slaves from the south to get out of their eco nomic suppression. This gave new strength to the black struggle against racial discrimination. After the reconstruction ended, the rights granted during the Reconstruction took a downhill trend and several laws passed by the Supreme Court overturned the legislation that had been introduced during the reconstruction. A supreme courts ruling in the Plessy v Ferguson suit in 1876 for example gave a leeway for racial discrimination against blacks where the south passed laws that restricted African Americans access to schools, hospitals, restaurants and other social amenities. Public utilities were divided into separate and unequal sectors to serve the whites and blacks and the freed slaves could no longer mingle freely with the whites. Voting laws were made very difficult and the African Americans in the South could not elect a representative to the congress meaning that they also had no participation in the justice and law enforcement systems. The blacks reacted by strongly rejecting the regime and they started to voice their grievances through a succession of lawsuits secretly funded by Booker.T. Washington that was aimed at addressing the political, social and economic issues that affected the black population. He also organised how these lawsuits would be funded. A movement to press for civil rights was born among the black community but any attempts by the African Americans to defy these laws or air their grievances was met by widespread violence against them by such groups as the Ku Klan (KKK) that advocated supremacy of the white race. This group lynched and terrorised the blacks with no legal action being taken against them (http://www.teacheroz.com/reconstruction.htm). In the early days after the reconstruction, state governments engaged in a legal process of drawing up new constitutions that favoured the black people. New democratic reforms such as free public education were introduced in the south. Blacks could also now elect officials into the government, legislatures and the U.S Congress. Though the African Americans had been freed from slavery through am amendment in the constitution, the issue of their colour however continued to enslave the. The federal governments move to grant voting rights to African Americans and the fact that they could now enjoy all rights brought a lot of conflict between the North and the South. The Southern whites still desired to continue the exploitation of blacks and the issue of social equality became an issue in society worse than slavery itself. In the southern society, it became a norm to be associated with blacks and anyone trying to do so was subjected to a lot of psychological torture. These southerners immediately moved in and enacted some laws whose main objective was to put the blacks back to slavery. Labour would now become legal in such a way that any black that left his work to go and seek for better pay would be arrested and charged with vagrancy. Democratic legislators belonging to the white community also introduced new rules that suppressed voter registration for the black community and complicated rules for election. Because state legislators were now under the control of the whites, they went on to pass new type of laws known as the Jim Crow Laws that made segregation in all public a requirement. This marked the beginning of the nadir of American race relations. Also affected by these laws were poor whites who, together with the African Americans were completely shut out from the political process and left without any representation whatsoever. For a period of about 60 years, blacks were to live under the oppression of these white laws (McPherson J. M.). Blacks were not ready to give in to these types of oppression and the war for freedom continued. They reacted by openly protesting against these new rules of segregation through strikes and boycotts some of which could go on for several months. The African Americans were determined to get rid of the Jim Crow laws at all cost. They reacted by staging in protests against the new rules of segregation through non-violent resistance known as civil disobedience, which involved widespread strikes, and boycotts that could extend even to a period of two years. These protests however triggered a reaction from the whites that resulted in race riots such as the Elaine Race Riot of 1919, which attracted international attention due to its widespread mob violence and, high number of fatalities. Another notable race riot was the Tulsa Race Riot that was characterised by massive destruction of property and several injuries. (Alexander William T.). African Americans also came up with several other strategies that could bring about social and political development and a period that was marked by extensive legal wars began and this led to the formation of such movements as the Universal Negro Improvement Association under Marcus Garvey that aimed at stressing the importance of culture to the black people. Several cultural activities led to the Harlem Renaissance. The National Association for the Advancement of collared People (NAACP) and other organisations were also founded at this time. These organisations subjected sate-sponsored segregation to massive legal assault. Marcus Garvey's (UNIA) however pointed to the opposite direction of other civil rights organisations as NACCP and just as fast as it had gathered support, it collapsed but having inspired other movements like Father Divine and the Nation of Islam. Massive political rallies like the March On Washington that was organised to press for employment and freedom marked t his era (Hall Simon Hall). In the period between 1900 and 1949, the civil rights movement was engaged in various activities. Abolitionists from the North began intervening on behalf of the blacks arguing that their loyalty in fighting for the union helped greatly in keeping it together. Movements were set up in the North that included churches and other organisations that began to give basic education to the blacks and poor whites. Training for black teachers began and through the Freedman's Bureau the first black schools were established. Majority of blacks now had become literate and on July 11, 1901, the first interracial meeting towards civil rights was held under the umbrella Niagara Movement. 1909 saw the birth of another movement that would become a power to reckon with in the racial struggle, the NAACP. The period between 1910-1940 goes down in the history of America as a time of the Great Migration. African Americans in an open resistance to the oppression in the south massively moved to the north and Midwest in search of employment, better education for their children and also the opportunity to vote. But in 1915, President Woodrow Wilson came to power with a new order. Physical re-segregation of employment and work places was enacted after 50 years in which facilities had been integrated. This acted as a trigger of more fire in the fight against racial segregation. 1954, the supreme court of the United States in the Brown V. Board of Education suit gave a verdict against the doctrine of separate but equal in education. After this ruling, it was evident that the state could no longer create laws that affected only one class, the second class and the aspect of equality was as clear to everyone as it could have been. This served as a major turning point in the civil rights struggle but sparked increased resistance by the whites in the south. Segregation continued in buses and other means of public transport. Between 1940-1970 the great migration continued and the reform movements advocating against discrimination as well as political struggles became very widespread. Between 1955-1968, the Black Power Movement expanded the aims of the Civil Rights movement. The struggle was now included but was not limited to the fight for racial dignity, freedom from white rule as well as the desire to attain political and economic self-sufficiency. This was a period marked by widespread civil disobedience that led to situations of crisis between state authorities and protestors. These included boycotts such as the Selma to Montgomery marches in Albama in 1965 and the Birmingham campaigns, that organised sit-ins, a march to the county building to press for voter registration as well as kneel-ins at local churches. Participation in these activities was organised by churches and community centres through mobilisation of volunteers. Prominent figures in the Civil Rights struggle during this time were such as Malcom X, W.E.B. Dubois and Martin Luther King Jr. Through such people, blacks were charged up to move on with the struggle but to result to the least violent methods in achieving such a cause. Martin Luther King Jr is remembered for organising people into non-violent protests such as the March on Washington. Even though he was assassinated in 1968, the march continued and the Civil Rights Movement grew even stronger. (R.H.Cox ). But the civil rights struggle was far from being won. Though the blacks now enjoyed a lot of social amenities, there was the issue of their colour that continued to subject them to widespread racism and hatred by the whites. Racism spread to include not only blacks, but also poor white and Asians as well as other races that had migrated to America. (Hall Simon Hall,). Over the spun of time, it has become evident that racism is not about to end and different faces of the scourge have been manifesting themselves in the American society. America has continually been characterised by civil suits such as the O.J Simpson civil trial that have revealed new evidence that the American justice system could still be racially biased. Acts of brutality by the police against blacks continue to be good evidence that racism is far from over. Police brutality against Rodney King for example and the subsequent racial unrest that led to rioting in Los Angeles and other U.S cities only stand to support the argument that racism is not about facilities but it is a disease deep within man that is very difficult to heal (Lewis D L, Eagles C W.) Reflection Racism in the early 20th Century was largely about the relationship between the whites and the blacks. Today, the face of racism has changed to have a multicultural and multicoloured aspect. America has been characterised by massive immigration of communities of diverse cultural origins who have over a period of time established their own communities. This has led to widespread racism as it now involves hostility between several cultures (Hall Simon Hall,). Many efforts have been made to combat the racist issue in America but even with every visible effort to make progress, the country still faces serious setbacks in its pace towards genuine reconciliation of the racist issue. From the onset of the 21st century, the federal government has been making several attempts to bring change in the American society with the establishment of legislative laws and memoranda that rule against any form of discrimination. Affirmative action has also been used in an attempt to balance people's rights to equal employment opportunities, housing and other aspects of provision in society. The media has been widely used in spreading propaganda about the evils and negativity of racism (Shiao Jiannbin Lee). But there is one simple fact that legislation can only be done on paper and never in the hearts of men and it is because of this that society has cunningly continued to hold separate views about different races. Ancient barriers that have marked the history of racism continue to have a strong place in men's hearts dividing the society into those that welcome change and those that continue to resist it. Man's uncontrolled desire to control power, the economy and cultural superiority continue to derail the fight against racism. The issue of African American and white conflicts continues to be a part of America's history and racism is still a very sensitive issue in American society today. Unless change comes from within the hearts of men, racism will still continue to be part of today's society (Alexander William T.) How the problem of race can be dealt with in present day American Society is a suggestion that anyone would want to hear. Diversity of culture seems to have led to a new face of racism probably different from what anti-racists have been fighting about. Only time will tell how well this fight against racism can be achieved. Works Cited Alexander William T.History of the Colored Race in America Heritage Books Published 2007 Dixon Leon , Hynes Gerald, and Nelson Carolyn Gaines A Black Perspective of American History Part Eight: Post Civil War/Reconstruction CIVIL WAR RECONSTRUCTION, RACISM, THE KKK, & THE CONFEDERATE "LOST CAUSE" Updated June 8, 2002 http://www.teacheroz.com/reconstruction.htm Revisited April 25 2008 Lewis David L, Eagles Charles W. The Civil Rights Movement in America: Essays Univ. Press of Mississippi McPherson James M. Battle Cry of Freedom: The Civil War (2003) Oxford University Press US Richardson Heather Cox West from Appomattox: The Reconstruction of America After the Civil War (2007) Yale University Press Reggie Finlayson We Shall Overcome: The History of the American Civil Rights Movement (2003) Twenty-First CenturyBooks

Coke Vs Pepsi Fighting For Foreign Markets Essays (3462 words)

Coke vs Pepsi Fighting for Foreign Markets Introduction The soft-drink battleground has now turned toward new overseas markets. While once the United States, Australia, Japan, and Western Europe were the dominant soft-drink markets, the growth has slowed down dramatically, but they are still important markets for Coca-Cola and Pepsi. However, Eastern Europe, Mexico, China, Saudi Arabia, and India have become the new "hot spots." Both Coca-Cola and Pepsi are forming joint bottling ventures in these nations and in other areas where they see growth potential. As we have seen, international marketing can be very complex. Many issues have to be resolved before a company can even consider entering uncharted foreign waters. This becomes very evident as one begins to study the international cola wars. The domestic cola war between Coca-Cola and Pepsi is still raging. However, the two soft-drink giants also recognize that opportunities for growth in many of the mature markets have slowed. Both Coca-Cola, which sold 10 billion cases of soft-drinks in 1992, and Pepsi now find themselves asking, "Where will sales of the next 10 billion cases come from?" The answer lies in the developing world, where income levels and appetites for Western products are at an all time high. Often, the company that gets into a foreign market first usually dominates that country's market. Coke patriarch Robert Woodruff realized this 50 years ago and unleashed a brilliant ploy to make Coke the early bird in many of the major foreign markets. At the height of World War II, Woodruff proclaimed that Awherever American boys were fighting, they'd be able to get a [emailprotected] By the time Pepsi tried to make its first international pitch in the 50s, Coke had already established its brand name and a powerful distribution network. In the intervening 40 years, many new markets have emerged. In order to profit from these markets, both Coke and Pepsi need to find ways to cut through all of the red tape that initially prevents them from conducting business in these markets. This paper seeks to examine these markets and the opportunities and roadblocks that lie within each. Coke and Pepsi in Russia: In 1972, Pepsi signed an agreement with the Soviet Union which made it the first Western product to be sold to consumers in Russia. This was a landmark agreement and gave Pepsi the first-mover advantage. Presently, Pepsi has 23 plants in the former Soviet Union and is the leader in the soft-drink industry in Russia. Pepsi outsells Coca-Cola by 6 to 1 and is seen as a local brand. Also, Pepsi must counter trade its concentrate with Russia's Stolichnaya vodka since rubles are not tradable on the world market. However, Pepsi has also had some problems. There has not been an increase in brand loyalty for Pepsi since its advertising blitz in Russia, even though it has produced commercials tailored to the Russian market and has sponsored television concerts. On the positive side, Pepsi may be leading Coca-Cola due to the big difference in price between the two colas. While Pepsi sells for Rb250 (25 cents), Coca-Cola sells for Rb450. For the economy size, Pepsi sells 2 liters for Rb1,300, b ut Coca-Cola sells 1.5 liters for Rb1,800. Coca-Cola, on the other hand, only moved into Russia 2 years ago and is manufactured locally in Moscow and St. Petersburg under a license. Despite investing $85 million in these two bottling plants, they do not perceive Coca-Cola as a premium brand in the Russian market. Moreover, they see it as a "foreign" brand in Russia. Lastly, while Coca-Cola's bottle and label give it a high-class image, it is unable to capture market share. Coke and Pepsi in Romania: Romania is the second largest central European market after Poland, and this makes it a hot battleground for Coca-Cola and Pepsi. When Pepsi established a bottling plant in Romania in 1965, it became the first U.S. product produced and sold in the region. Pepsi began producing locally during the communist period and has recently decided to reorganize and retrain its local staff. Pepsi entered into a joint venture with a local firm, Flora and Quadrant, for its Bucharest plant, and has 5 other factories in Romania. Quadrant leases Pepsi the equipment and handles

Nazis

Nazis undefined More...see Tara Reid in Van Wilder [Close] see Tara Reid in Van Wilder [Close] Yahoo! Movies Exclusive The Nazi Party had a series of ideas which it incorporated into the regime. These ideas were all working together to help achieve HitlerÂÆ'ÂÆ'‚Â ­s plans of conquest. Though it is argued that a lot of these ideas were more of a hindrance, than a help. One of the principle ideas of a fascist state is total control. Hitler used this principle to make the task of achieving all his other goals much easier. "The Reichstag has passed the following law the government is also able to pass laws." In Article two:- " The laws issued by the government shall be issued by the chancellor and published in the official gazette" Later on, another law was passed:- "The sole political party existing in Germany is the National Socialist German WorkersÂÆ'ÂÆ'‚Â ­ Party." By Passing these laws, Hitler stood alone, as the sole dictator of Germany.By doing this, Hitler gained a lot of support, as well as a lot of criticism. But Hitler was able to use this total control to stop most the criticism turning into outright opposition. A lot of this power was filtered throughout society, and numerous changes took place. This Generally translated into the reduction of civil rights the people held. This meant things like unions were outlawed, political opinion was outlawed, freedom of speech was outlawed, freedom of press was outlawed, Hitler needed to gain 50% of the Reichstag to gain power. This meant that he had to appeal to many different groups if he was to gain power. He did this by offering something to almost everyone. The graph below shows the amount of the Reichstag the Nazi party held in March 1933. This was still not enough to gain power. Hitler was forced to form a...

Marlboro Cigarette company case Study

Marlboro Cigarette company case Study Executive Summary The effects of tobacco use on human health have triggered a number of anti-tobacco campaigners; the campaigns are targeting casual/addicted users, social tobacco user and those people who have not started the habit. The anti-tobacco campaigners use both public education and legal legislations approach to control the use and sale of tobacco products.Advertising We will write a custom research paper sample on Marlboro Cigarette company case Study specifically for you for only $16.05 $11/page Learn More Marlboro is an international cigarette manufacturer and distributer, in 2010, the company’s products were the most used in Saudi Arabia; Saudi Arabia is among the few countries that have recorded an increase in tobacco use in the recent past. The increase in tobacco use in Saudi Arabia is evident despite governments’ and non-governmental movement’s campaigns to change peoples behavior. Anti-tobacco campaigns have been succe ssful in enacting policies that control marketing approach of tobacco products. This paper analysis the tobacco industry in Saudi Arabia; it will evaluate the effects of tobacco marketing control legislation on Marlboro Cigarettes Company as well as how the company has responded to the controls. Towards the end, the report will offer marketing recommendations that the company can enact to remain competitive in the fast growing Saudi Arabian market. Introduction The world tobacco industry has been facing challenges from strong advocacy against tobacco use by national, international, and non-governmental agencies; dispute the challenges, the companies in the industry has to sell their products. However, according to Euro-monitor report on tobacco use in Saudi Arabia, the country experienced an increase in volume and value terms of tobacco use, the country is having an increasing tobacco users. The above report was different from what was recorded in European and American Markets were tobacco consumption has drastically reduced (Euromonitor). Marlboro, is an international cigarette manufacture and distributor with its main operating base at Philip Morris USA (the Brach concentrates on the United States market) and Philip Morris International that concentrates on the company sale abroad; currently, Marlboro is the world largest cigarette company in the world and has its head quarters at Richmond, Virginia. Marlboro Company names its brands Marlboro that was a name borrowed from its initial location in the United Kingdom at Great Marlborough-Street. In Saudi Arabia, Marlboro products are imported into the country by corporate and individual importers; the brand is more considered and regarded for the well to do in the community. The tobacco industry has been facing numerous challenges, especially when it comes to marketing and advertising for the products.Advertising Looking for research paper on business economics? Let's see if we can help you! Get your f irst paper with 15% OFF Learn More Diseases caused by tobacco use have claimed a number of lives in the world and remain to be the world’s largest killer; these statistics has been the strongest point of anti-tobacco campaigners. International Agency for Research on Cancer (IARC) has massive campaigns that advocate that there are no safe cigarettes; players in the industry are only left with the task of counter attacking these campaigns. The effects that the industry has had on human health has made the industry a monolith in terms of scope and coverage when relating to consumers; the marketing approach adopted by Marlboro minds consumers welfare at the same time selling its products; a conflict of interest (Engstrom 1-75). Since the 1998 Tobacco Settlement Agreements marketing has become a challenge to Marlboro, this paper diagnoses the marketing problems faced by Marlboro as it markets its in domestic and international markets; the paper will focus on Saudi Arabia. As European countries embark on campaigns that hinder the sale of tobacco and its products, Saudi Arabia is showing a reduced strength in its campaigns against the use of the products, the industry is growing and likely to grow further (Euromonitor). Company Background: Overview Marlboro first branch was established at Great Marlborough, London, it is from the name of it first location that the company derived its brand and factory name. in the company targets the United states in t1902, however the strength of the company was seen in 1924 when it when Altria Group Philip Morris International, the company’s founder, developed an advertising campaign selling filter-less cigarettes to women under an advertising campaigns named Mild as May. By then smoking was considered a social and acceptable until the late 1940’s when medical practitioners started to research on possible effects that smoking had on human health; with the wave to no smoking, the company establi shed a niche market that previous campaigns did not meet, men. It then diversified its focus and campaigns to men segment of the market. The wave of the anti-campaigns and warning from health was a big blow to the industry coupled with the Second World War; the company was pulled out of the market only to return with filtered cigarette in 1955. The company’s management team is lead by Michael Szymanczyk, the company’s chairman; the chief executive officer is William F. Gifford. The leadership mission as advocated for by the chairman is, My vision is that leadership becomes a defining factor that sets us apart from other organizations. The company’s mission and vision are contained in four operating paradigms as adopted by the company, they are:Advertising We will write a custom research paper sample on Marlboro Cigarette company case Study specifically for you for only $16.05 $11/page Learn More Invest in Leadership: the company aims a t offering appropriate leadership that can assist the company add value to its stake holders align with Society:  the company aims to add value to societies that its operates Satisfy Adult Consumers:  the company has a target to produce satisfying brands to its customers as it tries to win others Create Substantial Value for Shareholders: the company has high value for its shareholders and aims at adding value to them To fulfill the above elements of vision and mission, the company operates under the frameworks of five values they are: Integrity, trust and respect. Passion to succeed. Executing with quality. Driving creativity into everything, we do. Sharing with others. The effect of tobacco industry products span further than the consumer of the product to have an effect on both consumer and those people around smokers, the major health complications brought about by the consumption of tobacco are pulmonary illnesses and other conditions that could be described as cancerous in nature like bronchitis, emphysema, and lung cancer. Despite the health dangers that the industry products on the health of human beings, the use of the products still is on the increase; Marlboro Company realized the life threatening danger that its products have , however there is insatiable market that it has to supply for (RE 996-1003). The tobacco industry in Saudi Arabia Saudi Arabia is the world largest Muslim country, however, there are rises in tobacco use among the population despite shisha culture and efforts made by the government and international bodies to curb the use of the products. Pipe tobacco remains as the most proffered method of taking tobacco, its products in the country, in 2009, the country recorded the highest sales in cigars, and the growth of smokers is evident in the count. According to the countries industrial analysis in 2010,   Philip Morris International Inc   (Malboro) had the highest share of the market in volume and sales. The report by Eu ro-monitor suggested that the major likelihood of the increase in tobacco use in the country can be contributed to the economic well being of the country that enable the population afford luxury commodities more easily (Ministry of Health in Saudi Arabia). In the country, the control of purchase of the commodity has been limited, in 2009, almost in all supermarkets had a cigarette vending machine that was efficient and offered buyers good chances of buying the commodity. other than the vending booths, the country is having increasing specialized suppliers of tobacco leading to an increased accessibility of the products in the country; the products are also sold in independent small grocers and hotels/bars/restaurants, convenience stores, and forecourt retailers. The future of the industry in Saudi Arabia is expected to be on the rise especially with the improved access of the products in among the youth.Advertising Looking for research paper on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More The effects that tobacco use has had on Saudi Arabia is evident, in 2006, the government threatened to sue the national and international cigarette companies to cater for the cost of curing those people affected by use of tobacco. In 2006, the country is estimated to have been using 5bn riyals ( £683m; $1.3bn) a year. According to world health organization reports of 2006, 10% of Saudi Arabians are smokers, the figure has also been challenged for having underestimated the case with some analysts being of the view that the rate may be as higher as 30% (Euromonitor). Problem Statement The main problem facing the company is how to market its products amidst aggressive campaigns against consumption of tobacco supported by legislations against the products consumption. The  World Health Organization  (WHO) and U.S. Centers for Disease Control and Prevention  (CDC) are among the leaders in the campaign against tobacco consumption; they have enacted restrictions to hinder and contr ol marketing and advertising tobacco. In Saudi Arabia, the ministry of health during Ramadan of 2009, launched an anti-tobacco campaign and legislation; the program was launched to enforce the countries Tobacco Control Program, it aimed at setting the platforms of selling tobacco in the country, it controlled the use of the product in public places and advertising. Advertisement is means to reach a certain target market with certain information that a company intends to pass, when the information gets to the customer, then he can be persuaded to use the advertising company’s products. In the case of Marlboro, the marketing team has the role of ensuring that cigarette brand from the company are getting to the market segment they were meant to reach as well as increase the market base. However, the efforts are controlled and limited by legislations controlling the industry; other than coming up with marketing strategy, the company has to ensure the strategies do not contravene legislations regulating the industry. Coming to think about it, who are new entrants that the company are trying to get to the net of using the products, are they are the innocent youth and non-smokers in a community? According to the company’s website, it does not aim at increasing smoking rates in a country but it competes for available adult smokers, the market becomes further competitive from other companies, and the fast dying (from tobacco related diseases) and quitting (after being convinced of the dangers of smoking) population. The controversy comes between the company’s core objective of increasing business through offering satisfying products and services to its customers. The following are the specific problems that the company is facing: How can the company advertise and sell its products without negative effects of anti-tobacco campaigns How can the company sell and market its products to people of majority age without influencing the desire of taking to bacco on people of the age of minority Which tools can the company use to give back to the community after â€Å"killing† its people What is the best way to enlarge their market and remain an accepted company in the community Marlboro marketing team is actively involved in getting answers to the above burning questions; it want to be a country with high reputation and one that adds value to community and people around, however in the industry has been blamed for causing harm to the communities. To market and remain a respected company among community that company has to build a name despite the already existing negative perception and it need to build its own platform. Specifically, the study will focus on how the company can convince existing adult smokers to use its products; this will call for persuading consumers from other companies to use Marlboro products in the growing market of Saudi Arabia. To give an elaborate analysis, the paper will be divided in different parts each having certain issue, it aims at tackling; all the issues will be tied to the company’s strategies (Dewhirst and Brad 81-92). Historical background of the problem or contributing factors The cigarette market segment has been skewed to a minimal number, the population that the major players are expected to target is adult smokers, and the players in the industry should not try to increase the number of smokers. however, it should only be interested with the existing groups in the community who are smokers and of the age of 21 and above. The  American Cancer Society International Agency for Research on Cancer (IARC), Tobacco Control Program in Saudi Arabia, Saudi Arabian anti tobacco policy, Tobacco Settlement Agreements and the  U.S. Surgeon General, prohibits promotion of tobacco products to non-users and the youth, the agencies also regulate the marketing approaches that companies in the industry should use. Other than the skewed market, the market is suffering fro m high death rates fro use of tobacco products and quitters from smoking after an effective â€Å"stop-smoking-campaign†, this has made the market smaller and more competitive (Tobacco Industry Profile: United States 1). Literature review According to Reuters Anti-Smoking Society, every year, 22000 people in the Saudi Arabia die out of tobacco products use; report by Ministry of Health  in  Saudi Arabia in 2009 said that the world had lost 29 million people of tobacco use; this alarming statistics has yielded less to the behavior change in Saudi Arabia. Adverting is a crucial part in selling of a company’s products; it creates awareness and used as a tool to enlarge a company’s market base. In the tobacco sector, different people have their own tastes that they seem to be loyal and persuading a customer to shift to ones products needs a lot of energy and use of resources. On the other hand, it is more ethical to persuade customers leave their smoking behavio r instead of persuading them to change brands. Marlboro as well as other companies in the industry opts to concentrate on getting convince the existing ones to shift to its products than new smokers on board than tying. The main form of advertising and outdoor customer reaching method that Marlboro has been using (before the ban on public advertisement in Saudi Arabia) is the use of billboards and sports, the sport that the company is known to support is rallying. the young and the old are the target of the advertisement campaigns however the campaigns have influence minors to take the products, which is against the requirements of World health Organization as well as the company’s intentions/motives. Ministry of Health  in  Saudi Arabia, anti-tobacco legislations are hindering the company’s traditional marketing approach has been challenged by legislations controlling the industry (Ministry of Health in Saudi Arabia). Other than the difficulty that the company fac es from convincing existing smokers to shift to the company’s products, the rate of death from tobacco related products is on the increase, the death is in among the old smokers, thus the company has minimal option other than target the young population. According to statistics, user of tobacco products are more likely to start taking the products before they are of the age of majority, if the company has to campaign aiming at getting the non smokers, then the adverts must be seen to be inclined towards the age of majority, this is unethical and unaccepted. the company is left at deadlock of the way forward since the most probable way that it can earn customers is against the societal expectations and needs. Tobacco is addictive thus, when a company is able to win a customers, it is on the higher side to have earned a lifetime customer, this is reinforced by the loyalty that smokers have for their brand. The notion and the behavior of consumers make marketing cigarettes chall enging especially if the focus is to win existing adult smokers. When using direct means of marketing like advertising, health advocators are of the opinion that continues advertisement of the companies’ products is likely to result to an increase use of the products among the youth and children. they have thus pushed for enactment of policies that limit direct advertising of cigarettes, the move is seen as one aimed at controlling the growth of the number of smokers in the community (Mejia and PM 78-87). The nature of Saudi Arabian tobacco industry market-situation is that that can be classified as a sticky market where players earn customers for â€Å"lifetime†. this sticky character means that the growth of the industry can only be attained if the new entrants exceed the total of those dying because of smoking and those quitting smoking; it is a give take industry. The very nature then determines the approach that a company in the industry is going to use; it is the approach to attract more smokers as the old ones are retained. With the trend and approach as used by tobacco industry, Saudi Arabian anti-tobacco campaigners are using the same approach but in a different angle. Anti-tobacco campaigners target the young population in the community to warn them on the dangers that smoking tobacco is likely to have on their health, they directly ask the young to keep off the smoking behavior/menace. To do this the campaigners give statistical data on the effect that tobacco has done in the world and suggest the best most method to keep off the problem is through complete abstinence the product, they also target those people taking the products with a message of hope and the will to rehabilitate and help them change the behavior. Their approach is more direct and seen as more ethical than the approach adopted by Marlboro and other companies in the tobacco industry. For example it is more welcoming for anti-tobacco campaigners to go to high schools se lling their products but its is never welcoming to have cigarette manufacturing companies advertising in high schools, which can be seen as unethical and as a promotion o deviant behavior among community. The ethical approach of the market and anti-campaigners leave the company at cross road on the right approach it can get an increased business. Anti-tobacco campaigners suggest that cigarette-manufacturing companies should switch their campaigns to prevention of the use of the products since it leads to more damage among communities than the goods it brings. The benefit that comes from the companies in the form of taxes, employment and agriculture promotion is highly lower than the health implications that the uses of the products have. The Ministry of health in Saudi Arabia is on the forefront enacting campaigns that target at reducing the rate of consumption of tobacco in the country; for example, it is illegal for the use of the products in public offices and buildings (Ministry of Health in Saudi Arabia). The sale and marketing department at Marlboro has to come-up with an approach that erode and deletes the negative perception created by anti-campaigners and enforce the habit of smoking among the youth. This is a double sword that the company needs to employ; the approach to advertising is seen as a marketing from a negative market persuasion and going to the building to a positive market (CL 283-294). In Saudi Arabia, over 20% of those people who are suffering from lung cancer and other complications from the use of tobacco continue to use the products despite their health and medical advice. Cigarette smoking yield some poisonous gasses and thousands of chemicals that find their way to human system, the chemicals are harmful and affects the health and physical appearance of the smoker and those people around him/her as smoking takes place. The ingredients found in cigarettes are toxic and addictive; thus when someone starts the behavior he is more unli kely to leave; campaigners against smoking used the weapon of the deadly diseases that can be gotten with the use of the drug to warn people against the products. Marlboro has been targeting the existing users of its products with the aim of maintaining and winning their loyalty; to do this the company tries to put a face that discourages the behavior however, it ensures that it sells its products effectively. In recognition of the danger and according to the law, the company has to give a warning on its products that smoking is dangerous for one’s health. Individuals suffer from tobacco related ailments like heart failures and emphysema, which is a fatal illness that affects lungs and entire respiratory system; however, users of tobacco products continue to use them despite the dangers; one strong point of the industry that maintaining the existing customers is not a challenge. Numerous marketing and advertising controls that have been made by the company, they include not a dvertising for the youth and not using television and radios to advertise the products, on the other hand, advertising of tobacco has been controlled by national and international legislation promoting health (Chee-Ruey 795-804). The main players or actors who contributed to this problem Marlboro is facing challenges from different corners; they are from people who are advocating for anti-tobacco players at national and international players they include: Anti-tobacco players and ministry of health They are groups sponsored by governments and other financing channels with the aim of information the youth about the dangers they are exposing themselves to when they are taking tobacco products. In Saudi Arabia, the ministry of health has a Tobacco Control Program at the ministry; the main aim of the program is to ensure that the population stops tobacco use. These groups target the youth who have nit started the behavior as well as those people who are using the products. When these gr oups conduct their sensitization, which they do with verifiable facts on how tobacco products have affected people, then the population that is likely to form customer base for the likes of Marlboro is limited. The approach of these organizations has stepped a notch higher when they have included the parents and advised them on how to smoke away from their children, and not to send their children cigars and cigarettes, these groups are determined to hamper campaigns that lead to the use of cigar and their products. The Saudi Arabian government and ministries of health are other players who have anti-tobacco campaigns, they feel the behaviors has resulted to an increased budget in the economy; they feel the economy can be relieved this duty. One of the main roles that a government aims at is to improve the welfare and health of its population, when the government is doing this task; they discourage people from taking tobacco products. In different countries, governments have enacted rules that hinder the use and advertising of the products, for example in Kenya, an African country, cigarettes are not supposed to be advertised through the national media, companies in the industry has to look for other measures advertise their products; this has limited the use of the products. In the United States, there is a legislation that defines the where people should be taking the products; local councils have the responsibility of maintaining smoking zones and ensuring that everybody smoking is in the zones. As much as this is seen as a good policy to prevent the effect of the products, it has influenced negatively to the companies in the industry. The Saudi Arabian health policy has a number of legislations aimed at protecting the health of the people; they include Anti-tobacco rules and Tobacco Control Program at the ministry. The legislations were aimed at prohibiting the use and sale of tobacco to underage people; the following are some of the specifications of the l egislations: Prohibit the sale of tobacco using â€Å"self service† Establish the minimal age of selling cigarette (the age was set at 18 years) Required that all consumers should get identification document to people expected t be of less than 27 years In 2009 alone, there was none underage legislations that were made to prohibit the sale of tobacco products to underage and prohibit the use of tobacco in public places. In the United Kingdom, advertisement of tobacco and their products has been limited, the legislators in the country are of the opinion that advertising the products have a close link between their uses among the youth so they have controlled the marketing approaches used. One such approach that seems to have been accepted internationally is the use of a warning message with every advert and on the packets with the message that smoking of tobacco is harmful to one’s health. For example, The United States of America Food Drug Administration (FDA  orà ‚  USFDA), is mandated with the role of protecting and promoting  public health. It fulfills its task through delegated powers from United States Department of Health and Human Services to regulate and supervise the provision of food and medical service/product. One of the areas that the body looks into is the tobacco consumption and the use of tobacco products. The authority was mandated with the rule of regulating tobacco on June 22, 2009, when President Obama signed a clause that allowed the authority to regulate tobacco industry. It has set high standards of tobacco use and discouraged the use of the commodity in human arenas and prevents any move that could give the impression that smoking is less risky or contains low nicotine, it prohibits the use of the words like â€Å"light,† â€Å"mild,† or â€Å"low†, they were thought to create a perception that smoking. Such corporations are also placing blame on tobacco manufacturing companies that they are resp onsible of the current tobacco consumption trend in the world. The power that such organizations are getting from the acts of parliaments that have enacted them is making them able to use direct attacks method to campaign against the use of tobacco products (Any tobacco use in 13 States behavioral risk factor surveillance system 946-950). In Australia, the use of mass marketing for campaigning against the use of tobacco was started when there was Sponge advertisement in the original Quit. For life, this was in 1970’s. National Tobacco Strategy 2004–2009, has the mandate to ensure has the mandate to ensure that there are campaigns that are aimed at reducing the consumption of tobacco in the society. It aims to attain this strategy by alighting users on the dangers that they are posing to their bodies when they use tobacco, the country aims at informing its citizens on the danger that can be suffer from when they take tobacco products Encourage users to quit using thes e products, the country has developed some coaching, counseling and rehabilitation centers that aim at assisting people already addicted by tobacco use to change their addiction behavior developed a quitting process and increase understanding of the quitting process, and Enhance treatments and services to those who are already using the products; the heath care sector has been enhanced with modern equipments to cure those people suffering from tobacco related complications. When such government and ministry policies have been set in places, then marketing and advertising of tobacco products have been hampered. It acts like a pull push game where the powerful side wins the battle. China has the world largest market for tobacco products followed by Brazil, the United States fall in third in production and use, while Saudi Arabia is the second largest growing user of tobacco products, the sale of the product and importation has been restricted in many countries with tariff and not tar iff approaches. For example in the 1985, the United states was challenged for bleached agreements made under General Agreement on Tariffs and Trade (GATT), when it refused the importation of tobacco products from China, although the move was condemned the country under USTR was able to convinces the world the need to contain the use of tobacco in the country. This made tobacco an exemption from some international trade laws. Heath personnel’s and practitioners Saudi Arabian government and private good health campaigners and the growth of health industry and ease of passing information among people is contributing negatively to the industry, health workers are having programs to train people on how they should be save from diseases especially life threatening diseases, tobacco is a culprit in life threatening diseases. When the practitioners are aiming at improving the welfare of the people, they are injuring the company on the other side. One special and positive attribute th at tobacco companies benefit from is the fact that the products are addictive, medical experts who have come up with tools that can cure any addition have hindered the move. The international community Internationally, some programs that target tobacco and its use directly, they include world cancer day that creates awareness on the dangers that can be gotten when someone is taking tobacco products. Tobacco control movement is an international body that aims at creating more awareness on the danger of tobacco use, the programs has the main role of educating the young people on the advantages of not engaging into smoking at the same time offering hope to the addicted people. Some rehabilitation centers have been established with the aim of changing the addition behavior. For a number of years World Health Organization and the International Union Against Cancer (UICC) has been concerned on the use of Tobacco among the people, it pointed out the dangers that consumption of the same hav e on the users and on partial smokers. The two international organizations are of the opinion that if appropriate measures are put in place, then tobacco consumption can be reduced. In periodical health results and analysis, WHO has been condemning the use of tobacco; in some countries that rely heavily on the production of tobacco, the organization has sponsored farmers to plant other plants that they advise are more economical than tobacco but the main aim is to fight the tobacco tread. Indirect players The danger of tobacco has become real in some people and is using every opportunity to discourage its use, for instance parents might have suffered from their tobacco use habits and children learn from them. Environments conservatisms have also a role to play, they are discouraging the use of tobacco products as they damage the environment. There have been concerns that the growth of tobacco has negative effect on soils that they are grown. Taxation in the industry is another move that different government have used in the efforts of discouraging the use of the drug, in the republic of south Africa, the country has high taxation on tobacco products; many are the times that budgets have increased the products tax rates. The government has also regulated the packaging and displays that cigarettes should have in the country; for example, shops should not display the products and should only sell in packages of ten. This discourages the expansion of the market as the products become expensive and unaffordable. Challenges, issues, and prospects Despite the prevailing campaigns against smoking, the Saudi Arabian Market is on the rise, Marlboro has to advertise and come up with strategies to win more customers. According the company’s website, sales for 2009 declined by 8% in the United States but in 2010, the company’s sales were at their peak in Saudi Arabia, the trend was expected to increase because of anti-tobacco campaigns as well as competition in the industry. The design of the approach aimed at increasing the company’s share of the market without recruiting other smokers. To remain afloat in the fast growing and competitive Saudi Arabian tobacco industry, the company has embarked on brand strengthening strategy where adult smokers are targeted to buy the company’s brands. The advertising and marketing approach adopted by the company aims at creating brand awareness, recognition and loyalty among adult cigarette smokers; to attain this goal, the company has enacted a personalized selling approach where it sells via emails to customers, retails outlets and running of occasional promotional campaigns to support the marketing campaign. The advertising strategy operated by the company has made the company’s brand to be the ninth strongest brand in the world; though the target of the adverting cannot be really be stated as a certain age, there are some successful adverts that even a ten-year-old person can establish and relate with Marlboro. An example of the advert is Joe Camel, in the advert, the company presented a case that a horse was seen restless but after smoking a stick of cigarette, the animal is seen to relax and becomes rejuvenated. Such an advert is a psychological approach where the company communicates in depth but using a rather indirect method. The characters chosen in adverts are characters that show boldness and the boldness is associated with the brand that the company is trying to promote. Marlboro uses image-character adverting, in the billboards it uses characters that are seen to be bold and highly valued among communities; when such an approach is adopted, then people are more likely to associate the character in the advert and the products and eventually they end up smoking. When posing the adverts, Marlboro seeks to create an impression hat it has the aim of entertaining the community however a close analysis of the adverts can revel the intention that they want to create, they always aim at associating greatness with the products. The form of image advertising is mostly very successful among the youth people and has a psychological effect on smokers who feel their mightiness when smoking the product; this creates loyalty to the products. Since there is a challenge in direct advertisement, the company uses some elements of the same in private areas and places, for example, it uses the adverts in movies and television shows, whether directly or indirectly. for example, the main character of a movie may be portrayed taking a stick of the Marlboro, in most case, this is the person whom the youth can associate or would like to be associate with, in so doing, the young get persuaded to use the products. The company has been using paid adverts in feels and movies to ensure that when the movie is selling the message has been passed to the customer. The move however was present in the 20th century but the government has strengthened and contr olled the film industry to avoid such moves. As a form of indirect marketing, the company supports youth activities especially sporting activities, like sports. There are some sporting clubs and organizations that the company supports. For example in Latin America, the company runs a football-sporting tournament where it aims at creating awareness of its products indirectly. When looking for the function to support, the company is keen to venture in those projects that can calls for high mass following of the youth. In times of peaceful and guaranteed demonstrations, the company chips in to assist in the preparation and even offers some packets of the products to the demonstrators. This creates the brand identity and increases awareness of the brand among the youth (Michael 222-233). Implications for future use In November 1988, the company with other major tobacco producer signed an agreement with some American and European countries on how the industry could be managed. Some of th e countries involved in the signing were Florida, Minnesota, Mississippi and Texas, the agreement was called Tobacco Settlement Agreements, and the agreement was aimed at monitoring the use of tobacco products. The agreement was entered for health interests but offered restrictions that affected Marlboro and other companies in the industry, the following are some of the restrictions as per the agreement: The companies should not engage in adverts that target the youth; the adverts were aimed to be to already existing adult smokers The agreement prohibited the use of cartoons and animations in advertising, promotion, packaging or labeling of tobacco; the use was thought to have the likelihood of influencing the youth to take tobacco products The agreement barred the use of billboards, stadium and outdoor/transit advertisements like on vehicles, taxis, trains, ships, boats and bus stops The agreement prohibited the distribution of caps, shirts and backpacks, bearing tobacco brand nam es and logos; this was a challenging decision but the companies had to comply The following were the advertising areas that the agreement allowed: Advertising on magazines and periodicals, however the adverts should not target youth and children Since 2005, the company placed no restriction to advertising news papers and dailies (Sundaram and Kaushik 194-204) In the future if the company maintain effective marketing approaches, then it can outdoes other players in the industry and earn an increasing share of the market despite a reduction in cigarette consumption rate. Alternative solutions as to how this problem can be implemented Saudi Arabian tobacco industry seem to be offering a future to Marlboro’s sales, in 2010, the company was the leader in the sale of cigarettes in the country, however, Marketing cannot be ignored for the success of Marlboro. the challenging thing is the approach that the firm should use that is likely to benefit the company and create no harm to the community, and the most strategy is an indirect marketing and selling approach. Under this approach, the company should aim at creating a strong brand name and if possibly try to win the already existing smokers. The marketing department has the role of establishing what can be referred to as soft selling and psychological selling; by this approach, the company will not target groups and the youth directly. However, it will create such needed relationship that can trigger the minds of people of the company’s superiority, the approach should be in line with the legislations enacted in the industry. When promoting the products, the company should use a push approach of marketing, this is an advertising approach where the company makes its products so good to resist, for example, it can have cheap products for the masses and have some other products sold at a premium for the well to do in the society. Some of the indirect marketing exercises that the company can adopt inclu de the use of corporate social responsibilities and corporate governance. In the efforts to ensure that it has created healthy suppliers relation, the company should target farmers. It should empower farmers to produce sorter by the use of good pays, guaranteeing that they will buy the products as well as selling shares to farmers. When such an approach is used, then the company will have guaranteed supply of tobacco in its lifetime. When selling to consumers, there is always, the feeling that a consumer feels attracts him or her to a certain brand, Marlboro should engage in massive market research to establish the approaches that it can adopt to win the masses, there should be continuous development of products, tastes and processes. When the company come up with better and more diversified tastes, the masses are likely to divert their attention to the company’s products. In the massive campaigns against smoking and use of tobacco products, the company should aim at a campai gn that does not seem to contradict the campaigns since at the end of the day they have an upper hand and when fighting them the company is likely to face repulsion from the communities. The approach should be tactical and well through; creating an impression of promoting bad life threatening behavior should be avoided. On the other hand, in the efforts of ensuring there is no confrontation with the authorities, the company should aim at complying with all set regulations. Domestic legislations varies with countries, there are some countries who have lose legislations on tobacco and its products for example Saudi Arabia; the company should consider tapping such markets as a way of diversifying sales and increasing the sale volume. Such countries include Cambodia and Jamaica; they seem to have little concern on the advertising methods and the use of tobacco products among its population. When venturing in these markets, the company will be greatly be assisted by having a variety of b rand. The company should aim at developing smoking not as a habit but a social thing, an approach that aims not to create addicts but to have some people who smoke occasionally. Such an approach should be borrowed from beer companies; in the world the greatest position of alcohol products consumed in the world is by social drinkers, they take the products over the weeks or such times, this has no effect on the communities. When such a policy has been enforced, then the company will be able to grow sales without having a huge negative effect on the community taking the products. The approach can be reinforced further by the manufacture of low nicotine Products, they should be seen as products that have minimal effects on human health, and thus people can use the products without considering much danger. Although high restriction of tobacco advertising in the Saudi Arabia, some areas that the country has allowed for advertising; the county prohibits advertising of the products through televisions and radio stations but it does not prohibit the use of print media. This should be seen as a loophole that the company should exploit. The most important thing in an advertising campaign is to create awareness, print media may have limited assess to the people that the case world have been for televisions however if well utilized the message can be passed effectively. The company should diversify its resources in buying space in dailies, periodical and magazines. Periodically, the company should be producing a magazine that handles different issues in life and market its products inside. The magazines should be attractive to the target customers to increase their sales. Marlboro is known for the use of billboards, although it has been successful in this area, it has not exhausted the approach; it should diversify the approach in all it selling countries. Although the company has diversified in different countries, the company has not fully taken advantage of internation al trade and globalization; the marketing should have developed aggressive foreign countries marketing approach to win a larger market. Another area that the company has not exploited fully the use of internet as a marketing tool, with the high rise of use of computers, the company can tap the international community and the youth. The company should have entertaining and catching adverts posed in the internet and places like you-tubes and social network. Although the company has a social network page, it should be more robust advertising and marketing its products via the website. For instance, it should have an automatic friend’s acquisition and a site where smokers can offer their experience with the products. So far you tube is considered a private affair and when used to air out interesting scripts advertising Marlboro products can be an effective method. The videos created can be passed over in the social net works; when there is an interesting video, it is likely to re ach a number of people. It should carry a message that can persuade customers to use the products. Social networks are growing fast and the young are the main users of the sites so when targeted they can be of great benefit to the company. The use of sports as an indirect advertising tool can be an effective way of advertising cigarettes; although Marlboro is using golf and rally sporting to advertise, the company is seen to have concentrated on one segment of the market and forgot there are other people who can offer it good market. The use of the bottom of the pyramid approach should be implemented; when such an approach issued, then the company will aim at targeting the masses with great tastes at an affordable price. When the approach is used, the company is likely to benefit from increased sales. Some of the games that the company can use are football tournaments fully supported and named as the company and when the game is on, and then the company will have a chance to sell it s products to the communities. From the way things look, the company can only be successful if it personalizes its sales and advertising campaigns, they should target micro groups and individuals. The company should use the general behaviors of the youth who are known to cope with each other, when one section of the young is taking cigarettes then the entire group of the young is likely to start taking the product. When among other smokers, the company should aim at winning the markets and persuading people to start taking its products; the policies to win such groups include products improvement and having more tastes that can attract a higher customer base. The use of mail advertising is a good approach by the company however, the company should consider other form of individualized customer approach like the use of mobile phones and social networks accounts. The company should also use a retailer marketing approach; this is where the company offers incentives to consumers to stoc k its products, the advantages include a higher profit margin doorstep delivery and ensuring that retail outlets are well stocked with the commodity. This should be done alongside line extension and strengthening relationship between adult smokers and their preferred brands; study of the market will assist the company establish the new tastes they can come up with for more customer base (Oriola 828-840). Retailers should be well advised on the approach they should take when selling the company’s products so that at any one point, they will not be violating the legislations by domestic and international bodies. Conclusion and Recommendation Marlboro is an international cigarette company that has been in the business for over a century; marketing in the tobacco industry is challenging because of restrictions put by national and international anti-tobacco campaigns. 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