Capital Punishment in the United States Essay

Have you ever thought about if the person sitting next to you is a murderer? If he is, what would you want from the government if he had killed someone you know? He should receive the death penalty! Murderers and other major offenders should be punished for the crimes they have committed and should pay the price for what they have done. Having the death penalty in our society is humane. It helps with overcrowding and gives relief to the families of the victims, who had to go through an event such as murder. You may not see it as that big of a deal, but the families of the victims of these criminals have to live every day knowing that while their family member is dead, this criminal is still well and living. Usually people just want to look past this problem because they are not in the position of the families of the murder victims, but you need to look at it through the eyes of these families. Until we stop just letting these things slide, they will continue to happen. The death penalty has been around since the time of Jesus Christ. Executions have been recorded from the 1600s to present times. From about 1620, the executions by year increased in the US. It has been a steady increase up until the 1930s; later the death penalty dropped to zero in the 1970s and then again rose steadily. US citizens said that the death penalty was unconstitutional because it was believed that it was â€Å"cruel and unusual† punishment (Amnesty International). In the 1970s, the executions by year dropped between zero and one then started to rise again in the 1980s. In the year 2000, there were nearly one hundred executions in the US. On June 29, 1972, the death penalty was suspended because the existing laws were no longer convincing. However, four years after this occurred, several cases came about in Georgia, Florida, and Texas where lawyers wanted the death penalty. This set new laws in these states and later the Supreme Court decided that the death penalty was constitutional under the Eighth Amendment. There also has been the problem of overcrowding in prisons and jails. Some people say that this is a problem but having more jails built will solve this problem. Having more prisons or jails built may help solve the problem but the death penalty effectively stops draining more money from the taxpayers to give these murderers a home. These murderers get three warm meals a day; they do nothing all day, and have a place to sleep just because the taxpayers fund these facilities. Murderers on death row do not deserve to get a place to stay. They deserve to have their lives taken for the crimes that they have committed.

Bargaining Power of Supplier of Non-profit Organization

Bargaining power of suppliers can be termed as the capacity of control and competitive advantage a supplier may have over rivals or competitors. The level of rivalry in this context may be brought about by many factors including; number of competitors in a market, market growth, fixed costs, storage costs or perishable goods, low switching costs for the consumer that encourages easy switching from one product to another, low or minimal product differentiation, strategic stakes, exit barriers, diversity of rivals and industry shakeout caused by high supplier and low demand.In all this, every supplier seeks to have a competitive advantage over its rivals to ensure stability in the market and profitability. In non-profit organizations, the supplier bargaining power may be deemed as the position of advantage that donors have over others. This may be in terms of expertise, capital, and skills. Bargaining Power of Supplier (POS) of Non-Profit Organization In the case of non-profit organiza tions, Bright Pink champions and offers education and support to young women who may be at risk of breast and ovarian cancer.Bright Pink’s suppliers/supporters may be classified as corporate (offering capital), individuals (donors) and/or participating doctors offering knowledge, technical credibility and support to the women in the organization. Though the power of these doctors may be low, they most likely gain more from the relationship that Bright Pink. In most organizations, there may be challenges related to the supply of donations and support that may be needed. One of such challenged is supplier power. In many cases, those individuals who supply organizations, such as Bright Pink, with capital also wield some influence during decision making.This means that donors would hold Bright Pink to a high standard of conduct, community involvement, and ethics. Participating doctors who supply knowledge, technical credibility, and support to the women in the organization, may h ave low power but most likely gain more from the relationship than Bright Pink. This is caused by the possibility of Bright Pink finding a multitude of doctors willing to support their cause while the number of organizations seeking doctors to participate on their medical panel may be small in-kind donations from existing members, volunteers, and corporations are another source of support and input.Differentiation of inputs is a factor in assessing supplier’s power. The higher the level of differentiation and importance in the eyes of the buyer, the more powerful the inputs become. Inputs include one-time donations, recurring donations, cause-related marketing opportunities, pro-bono administrative work, marketing, legal support and in-kind donations. Bright Pink’s growth is contingent upon procuring the right combination of inputs.Given the fact that there may be threat of substitutes, there is a clear indication of growth in the number of breast/ovarian cancer Non-pr ofit organizations (NPOs) in recent years. Suppliers of inputs may, therefore, continue to exert control in how these inputs are utilized. Bright Pink would, therefore, have a wide range of suppliers of capital and inputs but a seemingly low power or control over how these supplies/inputs are utilized. The degree of rivalry of similar organizations such as Bright Pink may be increasing with the number of breast/ovarian cancer support organizations coming up.This then means that Bright Pink may be loosing its grip on the number of suppliers/donors it may have. With this threat becoming more and more real, Bright Pink may have to work out strategies to keep its flow of capital and other resources supply that would ensure it continues to fulfill its goals and objectives. Taking Bright Pink as the ‘buyer’ there seems to be a certain level of leverage and power that the organization may have. The number of participating donors such as doctors at Bright Pink’s disposal seems to be fairly good.This couple with the notion that the doctors may be gaining more from the relationship than Bright Pink means that the organization may have a ‘buyer’ power allowing it to have a selection of the best doctors to integrate into its programmes. Barriers to entry/threat of entry may be one factor to be considered in Bright Pink’s case. With a regulating policy to the number of entrants into the breast/ovarian cancer support field, there may be better services and better and stronger inputs from suppliers/donors. In the case of NPOs, existing organizations would offer better and expanded services and efficiently and effectively.This would ensure that those who may be considering offering similar services and/or support would have few people in need of these services hence a barrier/threat of entry by those already in the field. Currently Bright Pinks’ support and aid flow is efficient for the current programmes in the organization. As the organization’s brand awareness, membership numbers, and media exposure continue to grow, it will find cause-marketing more appealing to corporate partners. Corporations are under increasing pressure to give to charities, support local organizations, and be socially responsible.Though this may not be a tangible reason to keep all organizational stakeholders on board, it may be a solid base to attract funding and donations from all suppliers. Programmes that offer a worthy cause may be an effective way to attract and sustain capital and resources from many corporate, individual and participating suppliers. Benefits to the company include increase in brand acceptance by associating with a worthy cause, reaching a niche demographic, differentiation in a crowded market, and perhaps increasing brand loyalty, then the benefits to Bright Pink are obvious.Members and supporters have an easy way to make a contribution and Bright Pink would be able to reach a wider customer base tha n they wouldn’t otherwise reach due to a limited advertising budget. Studies show a net positive reaction in consumers towards the contributing company’s image. The congruency between the charity’s mission and the company’s product is a primary determinant in whether each party gleans the benefits from the cause-marketing effort. As the organization gains popularity and acceptability of its programmes, there will be great increase in the benefits from suppliers.If suppliers are unhappy with the organization’s decisions, they can easy cut funding. In this way, large donors can wield unofficial influence over the organization’s behavior. Corporate donations can be correlated to economic conditions and given that the economy worsened in 2009, Bright Pink may have to be prepared for a decrease in these inputs. A way to offset this threat is to focus on individual/private donations as this tends to be less tied to the economy and these donors ide ntify more with the NPOs they support. Cause-related marketing, which provides benefits to both the supplier and Bright Pink, is another strategy to pursue.Since Bright Pink suppliers provide monetary donations not specific product, technology, or knowledge, there would be no switching costs to suppliers. However, since corporations and individuals will align themselves with a growing and well known charity, switching support to a lesser known NPO would not be advantageous. Since the decision to support various NPOs is a decision based on emotion, Bright Pinks’ most effective strategy for procuring this support is to continue to focus on success stories of those the organization has helped or is helping.Differentiating the Bright Pink story, showcasing various members’ reasons for joining the organization, and demonstrating Bright Pink’s impact on its member’s lives are all methods of highlighting this emotional bond. One of Bright Pink’s short-ter m objectives is to build a stable of partnering companies to provide exposure in the market, increase its membership and become an NPO of choice for corporate sponsorship opportunities. Since most doctors’ expertise is not readily differentiable, their bargaining power is relatively low.It would be logical to conclude that Bright Pink members may have a propensity to utilize the services of these doctors for their health care needs making the balance of power in the doctor-Bright Pink relationship reside in the organization’s favor. On the other hand, inputs from volunteers, corporations, and community groups are not easily achieved, and Bright Pink has less negotiating power when dealing with these groups. Other than the intangible benefits of helping a respected and growing NPO such as Bright Pink, these suppliers have no economic reason to provide support.In these cases, it is most likely the appeal of Bright Pink’s mission that drives the decisions for suppo rt from these suppliers. The importance of the suppliers cannot be stressed enough. Without their support, Bright Pink will not be able to grow. By focusing on cause related marketing and approaching corporations whose products/services align with Bright Pink’s targeted markets, stronger alliances can be built. This will level the power balance and facilitate a mutually beneficial partnership.

Individualism Essay Example | Topics and Well Written Essays - 1000 words - 1

Individualism - Essay Example These ideas are quite useful for me as an individual and resonate perfectly well with the visions I have, this is despite the variation of the perspectives that the writers potent. I believe that they relate to me especially during this year of 2013. Emerson in his writing indicates what he notices with the verses written by eminent painter that â€Å"†¦Let the subject be what it may. The sentiment they create is of more important than any idea they may contain†¦Ã¢â‚¬  when reasoning sheer from thoughts to emotions, then the pronouncement of individual reasoning is clouded by the societal sentiments which is always swayed by propaganda and lack of reasoning. Emerson further notes that â€Å"...We but half depict ourselves, and are ashamed of that divine idea which each of us portray in the society†¦Ã¢â‚¬  these sentiments points to the fact that we develop feelings that we believe concerns the next party. Shame as an emotion forces us to consider a lot more about t he feelings of others based on our actions. I believe that what is correct is correct and anything that is wrong is wrong .Standard should be set by ourselves to ensure that we live our potential rather than those individuals who might not necessarily share our views and thoughts. In his writing to reveal lack of self-trust, Emerson points the argument that â€Å"†¦accepts the scenario the divine facet has set for you, the current society, as well as the inter-connection of events†¦Ã¢â‚¬  This argument has a direct revelation of how the society confines people into conventional thinking. It restricts growth and makes no one to think differently even if the same methods make no improvement in the life of the individuals in that particular society. In the writings that reveal the role of the youths, Emerson brings to our attention to the suggestion that â€Å"†¦Do not be deceived that the youths do not have any effect in the society, because they cannot speak for the mselves. Hark! In the next room their voices are effectively clear and emphatic. It is evident that they can speak in the current society. Bashful or bold, there comes a time when they will make their seniors unnecessary in the society†¦Ã¢â‚¬  In the argument, it is evident that the youths have no say, perhaps because they are not allowed based on traditions and culture. Their potential is unearthed and they energy is not adequately exhausted. The society is not able to think and has set time bomb for not allowing the youths to think too, despite their ability to think. The argument indicates that the old age has refused to allow for the inevitable changes and this paralyses the society. Emerson reveals the comfort portrayed among the youthful members of the society. In the writings, he points that â€Å"†¦The nonchalance group of boys who are certain of dinner, and would contemn and behave like lords to reconcile one, is the healthy features of human nature†¦Ã¢â‚¬  He indicates that this raises irresponsible and troublesome members of the society. I believe Emerson is much interested in revealing what role is played by the individualistic character to ensure that the children grow to be both entrepreneurial and self-reliant. Putting them in a comfort zone does in no way allow them to understand the consequences of the actions that they make. A society that is not creative can as

The Effect of Price on Consumer Brand Perception Research Paper

The Effect of Price on Consumer Brand Perception - Research Paper Example made up of past experiences associated with the brand or product, such as related past purchases, recommendations or cautions from friends or colleagues, or memory of advertising promotion. The most effective of the latter has been shown to be the celebrity endorsement primarily due to the level of perceived similarity between the consumer and the celebrity’s public persona, thus making an emotional connection at the same time they are receiving a recommendation from a perceived friend or colleague in the form of the celebrity. The next step in the thought process is the external search. This is a more physical, plausible search for a product made by a consumer seeking to make an immediate purchase or as part of an ongoing search to stay updated until they're ready to make a purchase (Kamins, 1989). Throughout this process, price comparisons are made from product to product, brand to brand and store to store. Judgment is then made on the information that has been built up duri ng these two steps, internal and external. Only then does the consumer make their decision about which product to purchase, yet this doesn’t end the process. Once they’ve made the purchase, consumers typically conduct a post-purchase evaluation of the product that will result in either satisfaction or post-purchase dissidence. Much of conventional marketing research has shown that consumer decision follows the sequence of need recognition, search for information, alternative evaluation, purchase and then outcomes (Kamins, 1989).  

Presence or Absence of Negligence by Nurses Essay

Presence or Absence of Negligence by Nurses - Essay Example It is evidently clear from the discussion that the presence of an IV infiltration should have been identified, noted and taken care of immediately. It was the duty of the nurse who had done the overnight shift check up on the patient to ensure the best interest of the patient. This should have included ensuring that any single complication is noted, properly examined and proper care is given to deal with it. However, this was not the case as can be seen in the case study. The nurse who had done the rounds during the shift when the infiltrate was discovered had seen the infiltrate, failed to record it in the patient’s chart and additionally ignored it. In this case, the nurse had failed to perform her duty of ensuring quality care, health, and safety of the patient. Here is the case of professional negligence rather than ordinary negligence. The parents are in this case right to sue her for negligence and the consequent complications/damage (scarring and motion loss) that resul ted from the lack of action. Negligence is proven by four main elements. The first element is the duty which begins at the moment the patient meets the healthcare provider. The other element is the breach of duty. This according to Helm, occurs when the care provider fails to provide all necessary care and conduct to the patient. Damages, which is the next element is when harm occurs from neglect or breach of duty. The last element is causation. This is determined when the harm is done can be directly associated with lack of proper care. Ordinary negligence is defined as the failure to provide care that any other person would have provided in a particular situation. Professional negligence, on the other hand, involves malpractice done by an expertise such as a doctor or qualified nurse.

Australian accounting standards Essay Example | Topics and Well Written Essays - 2750 words

Australian accounting standards - Essay Example Several international legal systems are based on approaches derived from principles. Practically, the FRC supported the adoption process because of the indication towards lessening of information costs. Following the accounting processes under International Accounting Standards is accompanied by the cost reduction. Adoption of the international standards would also enhance efficiency within the Australian capital market through capital flow into the market. Enhancement of market efficiency would be possible because through the adoption, the nations would be able to set internationally accepted, competent quality, equivalent and apparent standards of accounting. Although there are considerable benefits associated with the adoption of international standards of accounting, there are also various potential barriers that hinder proper implementation of the International Accounting Standards all around the world. Cultural factor is also among those potential barriers to the standards’ adoption. The propensity to restrict the implementation primarily prevails among the businesses which are conducted locally inclusive of the small and medium enterprises. This is due to the existence of strong cultural and regional values among the people within the firms. For completely implementing the international accounting standards, it is the most significant to educate the firm’s auditors and accountants about the processes to be followed. Due to the cultural resistance to international adoption, the entire implementation process gets hampered. Cultural barriers impact the way that the financial statements are overviewed. Adoption of internati onal standards would require evaluation of financials based on concepts. Pertaining to the cultural beliefs, a massive expense incurred due to a day-off because of regional program might not be considered to be harmful. A number of day-offs would at times lead to prevalence of huge imbalance in financial statements (Sawani, 2006). Answer to Question No 1 b From January 1, 2005, the units operating under the Corporations Act (2001) of Australia were required to frame and present their respective financial statements as per the standards being followed in the International Accounting Standards Board. Although Australia was boosting up towards harmonizing its standards as per the international ones, after the comprehensive adoption, the transformation process would make various business aspects to change. As regards to the practices within financial reporting, reported results of the Australian firms had to be presented in a changed way and also the adoption affected compensation based on performance. Apart from these general transitions, the acknowledgment and measurements of the firms’ assets and liabilities also were affected. To name a few, various financial instruments were to be recorded within the financial statements as per their fair values. This change even resulted in classification of instruments as debts which were previously classified as equities. Amortisation of goodwill

Convergence Essay Example | Topics and Well Written Essays - 1000 words

Convergence - Essay Example The Voice over Internet Protocol or VoIP is the most significant convergence service that is expected. It had been forecasted to generate $196 billion in 2007and by 2008, 20% of U.S. homes are expected to have VoIP telephones. Over $1 trillion in revenues through 2010 may be generated by aggregate VoIP revenue between now and 2010 alone. From a wide variety of business and consumer Internet Protocol appliances, convergence may also generate new revenue which includes next generation digital music players, home entertainment systems, home video phones as well as enterprise collaboration system. By 2010 the value of this market was forecasted to be worth almost $90 billion, over the next five years cumulate value will be $360 billion. Through 2010, other emerging products and services which would generate sizeable revenues include the following: enterprise collaboration software ($60 billion); Internet Protocol Television (IPTV, $55 billion); mobile phone content ($50 billion); network games ($35 billion); online music ($20 billion)."2 For the past decade, convergence wherein voice, video as well as data communications are supported by a single network has been an important future direction. As more legacy communications infrastructure is upgraded to integrated internet protocol (IP) equipment it will continuously give importance to future direction. Networking is simplified through network convergence, wherein instead of two three or more, it creates one infrastructure to operate and manage. All sorts of interactive as well as real-time multimedia applications and processes could conceivably be supported by converged network. When network convergence was first being proposed through Internet Protocol technology, about 10 years ago, it was a different age for communications and it was a time when in separate network universes, voice and data existed. Moreover, it was segregated by infrastructure which was designed to avoid interference. Internet Protocol eventually became the building block for singular pathway for all forms of network communications. For the past decade, network convergence has focused on voice-data integration in telephony through Internet Protocol technology. IP telephony session was held last week and a group of approximately 30 IT professionals including technical representatives from IBM Canada Ltd. As well as Cisco Systems Canada Co. assembled in order to discuss the driving business values of the technology. The discussion was focused initially on the most popular and proven of application of network convergence which eventually led to examining greater value of consolidating busi ness networks into one.3 In the near term, the health region has a need for a revamped telephony strategy in order to replace its aging as well as costly equipment and services. However, over time, there is a plan to address a wide range of communications challenges. At an "end of life" condition within five years, the health region has a large number of single-purpose propriety networks. During his presentation, Mr. Beaurivage, states that "Converging these single-purpose networks onto one IP-based platform offers unique integration possibilities."4

History of Psychology Essay Example | Topics and Well Written Essays - 1250 words

History of Psychology - Essay Example Same is with the study of different kinds of areas of education. Psychology is a kind of social science that has emerged to be one of the prime aspects of life today. All the marketing activities are revolving around the concepts of psychology which have evolved over the last 100 years. The research and development that has taken place has multiplied with each passing year. All the fundamental aspects of human life and functioning are now explained through the various concepts of psychology. Hence psychology has become an integral part of our lives. The type and extent of research that was done at the start of 1900s was different from what it is today. Methods of research are increasing, and developing; providing room for improvement to the research that was already present. Also the theories and concepts which were popular in the start were not as important as more concepts were coming as research was growing. A cross-sectional analysis of the studies which were conducted in two different time frames would provide one with a better picture regarding the difference of opinions, topics and concepts in different eras. For this purpose, two articles have been chosen pertaining to different eras of the 1900s. Thorough analysis of these articles would help us understand the evolution of research and concepts in psychology. The first article that has been chosen was published in 1914 in the Psychological Bulletin/ Psychological Review Company, named as "Psychology of religion". This article was written by Elsworth Faris and advocated the different concepts prevailing regarding religion in the world and their linkage to the psychology of human beings. The other article was chosen from the same journal but published in 1958. The opening remarks from the symposium on relationships between religion and mental health, delivered by Herman Fiefel, were chosen to be analyzed. Like the previous article this article also talks about the relationship between religion and its effect on the mental state of mankind. (Faris, 1914) To start off with, religion has a fundamental link with the mental health and stability of a person. It has been established that believing in the presence of the unknown power above us helps us to live better/accountable lives in this world. It makes us responsible for our actions and can help make the world a better place. This topic has been discussed and researched upon over the years by scientists and results have shown linkage between the two aspects of life. While going through the first article, one notices that the common concept of psychology and religion, pragmatism, is being discussed; the fact that at that time all the concepts were considered important only when they were proved. Pragmatism talks about the purposes behind everything and not a single purpose; it strives to prove to concepts. In the article, the author believes that the faith Christianity is the epitome of the riddle of existence. Although the article clearly mentions that education is an important factor in the development of sound religious concepts. Education helps the person identify with the key facts of the religion; these facts are the presence of a single power which can help them with thing; the fact that they will be offered redemption, the existence of evil and the presence of self-esteem of man. These beliefs are

Law Essay Example | Topics and Well Written Essays - 1500 words

Law - Essay Example This is why some evidence is kept for years under protection to ensure that every suspected criminal is rightfully charged. Doctor and attorney client privileges exist because every individual has a right to defend themselves by using an attorney before being charged. The defendants also have the right for a doctor in case they have medical complications. Every suspected criminal is expected to have an attorney who are of high qualities, excellent judgment, absolute integrity, fearless and have good knowledge of the case and the evidence presented to them (Totten, 2012). Privileges to an attorney and provision of doctor are very essential as it prevent innocent people from being prosecuted or individuals who are found guilty being given a fair trial that guarantees them a reasonable sentence depending on the crimes they have been found guilty for. The way a case is handled does not only affect the prosecuted and the prosecutors but the society at large. This is why the decision or th e judgment of the prosecutors should not be based on the public pressure, political influence or media instead should be based on the evidence found and the level the attorneys can prove the guilt or the innocence of the person at interest. This is why the prosecutors say that it is never easy being the one to make a judgment of whether a person is guilty or not, being able to put someone in jail makes the journey so lonely that there are people waiting for your decision and whichever you give one party will be hurt. The job takes character; it dictates one to have self confidence and inner strength (Totten, 2012). Without having solid moral direction and be compassionate in their approach the society will judge them and try to bring them down. Where there is evidence, the prosecutor should be guided by common sense and fairness because the decision they make may extremely affect the lives of many others than the suspected criminal. Suspected criminal should have privilege for an at torney who is supposed to represent them regardless of the amount of evidence found against them. This ensures that the evidence provided is properly marshaled and severely adduced because there can never be a fair trial without fair prosecution and presentation of enough evidence. The attorney also tries to reduce the charges brought against their clients by taking up deals (Siegel, 2009). The attorney is required to have the client attorney privilege of ensuring that they keep everything the client has told them under protection unless they decide not to represent those clients. Question 2 In the case Ulster v. Allen, 442 U.S. 140, 1979, presumptions as evidence was used where the defendants refused to the introduction of the guns into evidence since there was no enough prove to connect them with the guns. The trial court canceled the protest, relying on the presumption of custody created by a New York law providing that the existence of a weapon in a vehicle is presumptive confir mation of its unlawful ownership by all people then occupying the automobile, except when inter alia, the weapon is set up upon the individual of one of the occupants (Samaha, 20111). To find guilty a criminal defendant, the prosecutor must confirm

Swot Analysis of Toyota Essay Example for Free

Swot Analysis of Toyota Essay We have analyzed Porter’s Five Forces of Toyota and PESTEL Model of Toyota. Thus in this post, I will list the SWOT of Toyota. 1. Opportunities -Recovery of auto industry: The automotive industry showed the signs of recovery, which is predicted to be gradual. The market will reach a volume of 129. 9 million units in 2013 (Durbin, and Krisher, 2010). This provides positive information to the automotive manufacturers and stimulation to the investors. -Hybrid electric vehicles: The increasing energy costs and stringent emission regulations enhance the demand of the hybrid electric vehicles because of its high fuel efficiency. It is estimated it will reach 4. 0 million units by 2015. Besides US, Western Europe and Japan, China is estimated to be next large market. -Opportunities in Asian market: The Asian automotive market became the main increasing point and is estimated to increase in the following several years. Thus, the automotive corporations should concentrate on the Asian markets, such as China, and India. 2. Threats -Competition in the global automotive market: The worldwide automotive market is highly competitive, and becomes stronger due to the globalization, which is involved into every factor of automotive. The competition may lead to reduce the automobile unit sales, which may influence the company’s financial condition. -Tightening emission standards: The tightening emission standards adopted by the EU increase the additional costs for product development, testing and manufacturing operations for the automotive manufactures. 3. Strengths -Leading brand recognition: Toyota is one of the leading automotive brands in the world. And its brand Lexus values around $3. 1 billion. The other brands Corolla, Camry, Sienna, Prius and Scion are popular. The leading brand image gives it significant competitive advantage and charge premium prices. -Focus on RD activities: Toyota strongly focuses on RD to expand its product. The company’s strong focus on RD allows it to uphold the technological leadership in most of its product segments. It has also enabled Toyota to develop innovative products, leading to strong sales. -Strong distribution network: The company has a strong distribution network. Strong distribution network helps Toyota to improve its sales and to strengthen its market position all over the world. -Toyota production system: The Just-in-Time and Jidoka Production System will help Toyota to build quality with the low defects and costs. 4. Weaknesses -Lapses in product quality: Toyota announced two recalls recently that cover some of its most popular models, and recalled about 10 million vehicles across the world. These recalls not only reduce the share prices, but also impact the brand image and the consumer confidence. -The unfunded pension: In 2009, there was about $6537. 7 million unfunded for the projected pension and post-retirement benefit. There are some unfunded retirement pensions in Toyota, which may influence the cash flows.

Role Of Bureau Of Energy Efficiency Construction Essay

Role Of Bureau Of Energy Efficiency Construction Essay The Government of India set up Bureau of Energy Efficiency (BEE) on 1st March 2002 under the provisions of the Energy Conservation Act, 2001. The mission of the Bureau of Energy Efficiency is to assist in developing policies and strategies with a thrust on self-regulation and market principles, within the overall framework of the Energy Conservation Act, 2001 with the primary objective of reducing energy intensity of the Indian economy. This will be achieved with active participation of all stakeholders, resulting in accelerated and sustained adoption of energy efficiency in all sectors. Mission: The mission of Bureau of Energy Efficiency is to institutionalize energy efficiency services, enable delivery mechanisms in the country and provide leadership to energy efficiency in all sectors of the country. The primary objective would be to reduce energy intensity in the economy.   Objectives: To exert leadership and provide policy  recommendation and direction to national energy conservation and efficiency efforts and programs.   To coordinate energy efficiency and conservation policies and programs and take it to the stakeholders To establish systems and procedures to measure, monitor and verify energy efficiency  results in individual sectors as well as at a macro level. To leverage multi-lateral and bi-lateral and private sector support in implementation of  Energy Conservation Act and efficient use of energy and its conservation programs. To demonstrate delivery of energy efficiency services as mandated in the EC bill through  private-public partnerships. Provide a policy  recommendation and direction to national energy conservation activities Coordinate policies and programmes on efficient use of energy with shareholders Establish systems and procedures to verify, measure and monitor Energy Efficiency (EE)    improvements Leverage multilateral, bilateral and private sector support to implement the EC Act  2001 Demonstrate EE delivery systems through public-private partnerships The Bureau would obtain inputs and co-opt expertise from private sector, non-governmental organizations, research institutions and technical agencies, both national and international, to achieve these objectives. Energy Conservation Act 2001: Recognizing the fact that efficient use of energy and its conservation is the least-cost option to mitigate the gap between demand and supply, Government of India has enacted the Energy Conservation Act 2001 and established Bureau of Energy Efficiency . The mission of BEE is to develop policy and strategies with a thrust on self regulation and market principles, within the overall framework of the EC Act with the primary objective of reducing energy intensity of the Indian economy. The EC Act provides for institutionalizing and strengthening delivery mechanism for energy efficiency services in the country and provides the much-needed coordination between the various entities. This act created Bureau Of Energy Efficiency in order to implement the features of the act at central and state level. The salient features of this act are as follows: Reduction of energy consumption using efficiency and conservation measures. Reduce the need to create new capacity, hence saving the resources and green house gases emission. Secure environmental benign and sustainable growth. Stimulate market transformation in favor of energy efficient products and appliances. Energy Consumption Trends: The following graph shows the breakup of energy consumption(%) according to the sectors: This graph shows the energy consumption(%) trend in commercial buildings Total no. of units of energy consumed in commercial buildings are 33 billion units This graph shows the energy comsumtion(%) trend in residential bulidings Total no. of units of energy consumed in residential buildings are 116 billion units. Role of BEE: BEE co-ordinates with designated consumers, designated agencies and other organizations and recognize, identify and utilize the existing resources and infrastructure, in performing the functions assigned to it under the Energy Conservation Act 2001. The Energy Conservation Act 2001 provides for regulatory and promotional functions Functions of BEE: The Major Regulatory Functions of BEE include: Develop minimum energy performance standards and labeling design for equipment and appliances Develop specific Energy Conservation Building Codes Activities focusing on designated consumers Develop specific energy consumption norms   Certify Energy Managers and Energy Auditors   Accredit Energy Auditors   Define the manner and periodicity of mandatory energy audits   Develop reporting formats on energy consumption and action taken on the recommendations of the energy auditors   The Major Promotional Functions of BEE include: Create awareness and disseminate information on energy efficiency and conservation   Arrange and organize training of personnel and specialists in the techniques for efficient use of energy and its conservation Strengthen consultancy services in the field of energy conservation   Promote research and development   Develop testing and certification procedures and promote testing facilities Formulate and facilitate implementation of pilot projects and demonstration projects Promote use of energy efficient processes, equipment, devices and systems Take steps to encourage preferential treatment for use of energy efficient equipment or appliances   Promote innovative financing of energy efficiency projects Give financial assistance to institutions for promoting efficient use of energy and its conservation   Prepare educational curriculum on efficient use of energy and its conservation   Implement international co-operation programmes relating to efficient use of energy and its conservation Schemes Under BEE The aim of this institution is to stimulate market transformation and initiate other interventions in favor of Demand Side Management and Energy Efficiency in the country. The Bureau of Energy Efficiency has initiated many schemes for improving energy efficiency and many of them are DSM measures also. They are being entertained under the provisions of the Energy Conservation Act, 2001. The programmes under BEE are mentioned below: Lighting Demand Side Management Standards Labeling Programme Energy conservation Building code Investment Grade Audits in Buildings Star rating and labeling of buildings Municipal Demand Side Management Agriculture Demand Side Management Lighting Demand Side Management: The large contribution of (domestic, commercial and street) lighting to peak loads makes it attractive for the utility to offer incentives for the adoption of efficient lighting practices by consumers. This would result in reduction of costly peak-load power procurement. This has led some distribution companies to incentivize purchase of Compact Fluorescent Lamps (CFLs) by the consumers. BEE has initiated Bachat Lamp Yojana (BLY) Scheme to promote energy efficient lighting in India. Bachat Lamp Yojana is a program by the government of India under this scheme to reduce the cost of compact fluorescent lamps (CFLs, i.e., energy saving lights) sold to consumers. Three types of ICL lamp wattages commonly in use viz. 40 W, 60 W and 100 W are likely for replacement under the BLY scheme. The BLY scheme upon implementation would result in reducing an estimated : 6000 MW of electricity generation capacity translating into a potential saving of INR 24000 crores per annum Combined GHG emission savings on replacing an estimated 400 million ICLs with CFLs would result in reducing 20 million tonnes of (CO2) from grid-connected power plants. There are no mandatory requirements in India requiring the use of energy efficient CFL at the household level. Hence, the BEE has prepared a unique project design where three key players the BEE, the investors and the Electricity Distribution Companies (DISCOMs) come together and supply the households with CFLs voluntarily. To bridge the cost differential between the market price of the CFLs and the price at which they are distributed to households, the Clean Development Mechanism (CDM) is harnessed. The investor would cover the project cost through the sale of Green house gas (GHG) emission reductions achieved in their respective project areas. (Source: http://www.bee-dsm.in) Standards Labeling Programme: The Standards and Labeling programme is a key thrust area of BEE. Central Government, under the Energy Conservation Act, 2001 has powers to direct display of labels on specified appliances or equipment. The objectives of this program is to provide the consumer an informed choice about the energy saving, and thereby the cost saving potential of the marketed household appliances or other equipment. This is expected to impact the energy savings in the medium and long run while at the same time it will position domestic industry to compete in such markets where norms for energy efficiency are mandatory. The scheme was launched by the Honble Minister of Power on 18 May 2006 and is currently invoked for 10 equipments/appliances, e.g. ACs, Tube lights, Refrigerators, Distribution Transformers, Motors, Geysers, Ceiling fans, Color TVs, Agricultural pump sets and LPG stoves, of which the first 4 are being notified under mandatory labeling from 6th January, 2010. In the future, the scheme will cover several more domestic and industrial equipments and appliances with the objective of conserving the power consumed by these. The programme seeks to: Introduce Notification for mandatory labeling. Have an extensive and sustained outreach and awareness campaign to educate consumers. Include 20 high energy consuming end use equipments and appliances by 2012. Initiate check testing by an Independent Agency (RITES) to ensure credibility of the scheme. Stimulate market transformation in favor of energy efficient equipments and appliances that adhere to Minimum Energy Performance Standards (MEPS). (Source: http://www.bee-dsm.in) Energy Conservation Building Code Energy Efficiency in Existing Building programme: What are ECBC? ECBC set minimum energy efficiency standards for design and construction. ECBC encourage energy efficient designs or retrofit of buildings so that it does not constraints the building function, comfort, health productivity of the occupants. Moreover it has appropriate regards for economic considerations. The ECBC provides design norms for: Building envelope, including thermal performance requirements for walls, roofs, and windows; Lighting system, including day lighting, and lamps and luminaries performance requirements; HVAC system, including energy performance of chillers and air distribution systems; Electrical system; and Water heating and pumping systems, including requirements for solar hot-water systems. The code provides three options for compliance Compliance with the performance requirements for each subsystem and system; Compliance with the performance requirements of each system, but with tradeoffs between subsystems; and Building-level performance compliance. (Source: http://www.bee-dsm.in) Investment Grade Audits in Buildings: Energy audit studies in buildings have shown large potential for energy savings both in government and commercial office buildings. Study of the available data has shown that there is an urgent need for improved energy efficiency of buildings. BEE is promoting the implementation of energy efficiency measures in existing buildings through Energy Service Companies (ESCOs) which provide an innovative business model through which the energy-savings potential in existing buildings can be captured and the risks faced by building owners can also be addressed. The performance-contract based payments for energy savings achieved through the interventions carried out by the ESCO ensure that savings are achieved and that the payments by the building owners to the ESCO are related to the achievement of these savings. (Source: http://www.bee-dsm.in) Star Rating and Labeling of Buildings: The Star Rating Program for buildings would create a demand in the market for energy efficient buildings based on actual performance of the building in terms of specific energy usage. This programme would rate office buildings on a 1-5 Star scale with 5 Star labeled buildings being the most efficient. Five categories of buildings office buildings, hotels, hospitals, retail malls, and IT Parks in five climate zones in the country have been identified for this programme. Initially, the programme targets the following 3 climatic zones for air-conditioned and non- air-conditioned office buildings: Warm and Humid Composite Hot and Dry It will be subsequently extended to other climatic zones. To apply for rating of office buildings, a standardized format is developed for collection of actual energy consumption: data required includes buildings built up area, conditioned and non-conditioned area, type of building, hours of operation of the building in a day, climatic zone in which building is located, and other related information of the facility. The Technical Committee constituted for Energy Base lining and benchmarking of commercial buildings chaired by Director General, Bureau of Energy Efficiency shall be the technical committee for the scheme. (Source: http://www.bee-dsm.in) Municipal Demand Side Management: The global trend towards increased urbanization requires municipal bodies to provide services such as streetlights, solid waste management, sewage treatment disposal, etc. All these activities consume significant amount of electricity, usually in an inefficient manner. The cost of energy sometimes constitutes more than 50% of the municipalitys budget and implementing efficiency measures could reduce it by at least 25%. There is a potential to save around 10 billion rupees by implementing energy efficiency measures. Almost all municipal bodies depend on government support to meet their development and operating expenses. Government of India, through the Bureau of Energy Efficiency has initiated a programme to cover 175 municipalities in the country by conducting investment grade energy audits and preparation of detailed project reports. Energy Service Companies are being encouraged to take up the implementation of the programme with the help of financial institutions. Utilities must encourage implementation of DSM measures to relieve their network of such inefficient load. (Source: http://www.bee-dsm.in) Agriculture Demand Side Management: Agriculture accounts for about 27% of electricity consumption in the country, which is increasing due to rural electrification efforts of the Government. The electricity is largely used in agricultural pump sets which generally have very poor efficiency. Most of the pilot projects as well as other studies project potential of 45-50% by mere replacement of inefficient pumps. Overall electricity savings (from 20 million pumps) is estimated at 62.1 billion units annually. This is estimated to translate in to the yearly savings of 18000 crores, which reduce the subsidy burden of states with that same amount. Since agricultural tariffs are usually the lowest and also highly subsidized, there is no incentive to the agricultural consumer to improve efficiency of the pump set. However, utilities are not able to recover economic price on every unit of energy sold to these categories of consumers and therefore need to aggressively target these consumers for DSM measures. BEE has prepared an Ag ricultural DSM (Ag. DSM) programme in which pump set efficiency upgradation could be carried out by an Energy Service Company (ESCOs) or the distribution company. The Ag-DSM programme for preparation of DPRs has already been initiated by BEE as pilot projects in 5 states, viz, Maharashtra, Gujarat, Haryana, Punjab Rajasthan. One DPR in Solapur dist of Maharashtra is ready for implementation purpose. The result of the study is encouraging with the saving potential of 40% by replacement of inefficient pumps with Star rated pump sets. BEE is also developing a methodology for CDM in Ag-DSM project so that it becomes more attractive. The implementation for replacement of inefficient pumps with Star rated pump sets will be done through the ESCO/Utility who would invest in energy efficiency measures on a rural pump set feeder on which supply quality enhancements (such as feeder segregation High Voltage Direct Supply [HVDS]) have already been carried out. The intervention would lead to lo wer energy supply on the feeder, and hence, could result in lower subsidy to be paid by the State Government. Part of the savings in the subsidy would be paid to the ESCO/Utility on an annual basis, over a period of time, to pay for their investment in pump set upgradation. To ring-fence the payment security mechanism, a large Financial Institutions may be brought in to provide loan to the project as well as adequate payment security mechanism to the investors. Utilities can play the important role of Monitoring and Verification. Government, through BEE is providing resources to create a shelf of bankable DPRs in the agriculture sector to mainstream the scheme. The European Regulators Group for Electricity and Gas (ERGEG) is the European Commissions advisory body on internal EU energy market issues. It was set up on 11 November 2003 by a European Commission. ERGEG is charged with advising and assisting the European Commission in ensuring the creation and smooth functioning of the internal energy market in Europe. In 2007, the European Unions leaders pledged their agreement to energy-climate objectives known as 20-20-20 i.e. a binding 20% renewable energy target by the year 2020, reducing Europes CO2 emissions by 20% by 2020 (and by 30% if there is an international agreement), and increasing overall energy efficiency by 20% by 2020. In January 2008 the European Commission published its Climate Change and Energy Package, designed to meet these objectives.

The Mind of a Serial Killer Essay -- Murder Killing Murderer Psycholog

  Ã‚  Ã‚  Ã‚  Ã‚  As police walk into an abandoned house, a foul stench overtakes them. The room is dim and looks as though no one has been here for months. They walk further into the house and begin to see spots of blood on the floor. They follow this trail down the stairs into the basement where the smell becomes overwhelming, causing some of the officers to gasp and run back up the stairs. In the basement, they find the remains of several young boys who have been molested and badly mutilated. What could cause someone to participate in such horrendous deeds? What sort of person is able to perform such wicked acts?   Ã‚  Ã‚  Ã‚  Ã‚  Serial killers always have aroused the curiosity and concern of the public. People seem to be both fascinated and repulsed by their horrendous crimes. The stories make newspaper headlines, and their gruesome murders are the subject of popular movies and best-selling books. In this paper, I will discuss what causes a human being to become a serial killer. Although social scientists have developed many theories to explain the mind of a serial killer, the scientific evidence supports the theories of sociopathy, psychopathy, sadistic fulfillment, childhood abuse, and genetics.   Ã‚  Ã‚  Ã‚  Ã‚  The Federal Bureau of Investigation defines a serial murder as the killing of several victims in ten or more separate incidents over an extended period of time (Dietz 483). Serial murderers are often classified into specific categories. One category is motive; motive killers are sexually sadistic killers or spree killers. The psychology of the killer is another category used to characterize these criminals. These types of killers are classified as sociopaths and psychopaths. This paper will focus mainly on killers of the psychotic and sexually sadistic kind, for these are the ones on which the public and media tend to focus.   Ã‚  Ã‚  Ã‚  Ã‚  According to James Fox and Jack Levin (19), serial killers are most always Caucasian males who are in their twenties or thirties. Although there are reported cases of female serial killers, the field is predominantly composed of males. There are two key characteristics of a serial killer, one being the presence of sociopathy or aggressive antisocial behavior. It has been estimated that nearly three percent of males in our society may be sociopaths. Most socio-paths are not violent: they may lie, cheat, or steal, but rape and murder are not nec... ...ts continue to study genetics, they undoubtedly will provide more information about the genetic makeup of a serial killer. The public is disgusted by the bloody deeds that serial killers have committed, but they will forever intrigue us. The fascination stems from the fact that in most cases the killers are so similar to the common person. On the outside they seem as normal as the next. Fortunately for humanity, the next person is not capable of such ghastly deeds. These serial killers are often psychopathic or sociopathic persons who were abused as children. Others may be trying to fulfill their own sadistic fantasies that were brought on by their childhood experiences. The most recent reason identified is a link to a genetic predisposition to violence. The inherent goodness of humans can sometimes go awry and lead to a person who is as evil as a serial killer. No matter how one analyzes the killers, they are not normal in any sense. Edmund Kemper when asked what he thought when he saw a pretty woman walking down the street replied, â€Å"One side of me says, 'I'd like to talk to her, date her.' The ot her side of me says, 'I wonder how her head would look on a stick?'† (Ming Ho).

Macbeth Essay -- English Literature Essays

Macbeth Trace Macbeths change over the course of the play. How does Shakespeare convey it? The transition from brave and loyal thane to brutal tyrant king can be easily traced, when focusing on the character of Macbeth throughout the play. All aspects of the character change to some extent as his sins and treachery increase in extremity; this includes his relationship with his wife and friends, his clothing, his style of speaking, his attitudes towards fate, paranoia and fear. Shakespeare conveys this change in character to the reader by making all of these different and changing character aspects obvious at some stage during the play. At the start of the play lady Macbeth is the more dominant character in the relationship. In his letter to his wife about the witches' prophecies, Macbeth writes, "This have I thought good to deliver thee, my dearest partner of greatness, that thou mightst not lose the dues of rejoicing, by being ignorant of what greatness is promised thee". He knows that his "partner" will like the idea of being Queen and seems to offer the news as a kind of present, this shows that Macbeth really feels as though he has to please her. However, it is Lady Macbeth that takes charge of the situation and ensures that Duncan is murdered, rather than allowing Macbeth to have his way and let Duncan live. After Macbeth has committed the murder he is distraught and talking about the intensity of the blood on his hands, once again Lady Macbeth takes control of the situation, by saying â€Å"a little water clears us of this deed† she attempts to clear Macbeths conscience. The change in the obvious contr ol Lady Macbeth holds over Macbeths actions, in the first two acts, becomes evident in the banquet scene ( scene 4, act 3 ), by this stage Macbeth is arranging the murder of Banquo without the assistance or reassurance of Lady Macbeth, however, when Macbeth is supposedly seeing the ghost of Banquo later on in the scene, it is Lady Macbeth who, once again, is put into a position of control, as she attempts to cover for her husband and explain his confusing speeches. As the play continues, the plot intensifies, and as Macbeth changes, Lady Macbeth plays a smaller role in the outcome of events. The audience sees her character in decreasing amounts, after the banquet scene, she only features in scene 1, Act 5. Which shows her increasing insanity, as Lad... ...s may not have had any supernatural powers whatsoever, other than Macbeth receiving the title of thane of Cawdor, which may have been coincidence, Macbeth caused everything else to happen, not giving fate a chance as he was causing everything to happen himself. Whether or not you make you own fate is one of the major themes explored by Shakespeare in the play of Macbeth. In the final scene of the play Malcolm describes Macbeth as a â€Å"dead butcher† this in itself sums up the change of Macbeths character, especially when compared to the praise received by the character during the first act of the play. During the early stages of the play Macbeth is described as a â€Å"worthy cousin† to the king and as a â€Å"noble partner† to Banquo, by the end of the play Macbeth has ensured the death of both, either doing it himself or arranging for murderers to do the deed. One has to wonder if it was in Macbeths destiny to face such changes in character, or if it happened as a result of the three weird sisters, playing with a situation that was not meant for their involvement. Regardless of the cause, Shakespeare successfully shows the change in character throughout the play in a large variety of ways. Macbeth Essay -- English Literature Essays Macbeth Trace Macbeths change over the course of the play. How does Shakespeare convey it? The transition from brave and loyal thane to brutal tyrant king can be easily traced, when focusing on the character of Macbeth throughout the play. All aspects of the character change to some extent as his sins and treachery increase in extremity; this includes his relationship with his wife and friends, his clothing, his style of speaking, his attitudes towards fate, paranoia and fear. Shakespeare conveys this change in character to the reader by making all of these different and changing character aspects obvious at some stage during the play. At the start of the play lady Macbeth is the more dominant character in the relationship. In his letter to his wife about the witches' prophecies, Macbeth writes, "This have I thought good to deliver thee, my dearest partner of greatness, that thou mightst not lose the dues of rejoicing, by being ignorant of what greatness is promised thee". He knows that his "partner" will like the idea of being Queen and seems to offer the news as a kind of present, this shows that Macbeth really feels as though he has to please her. However, it is Lady Macbeth that takes charge of the situation and ensures that Duncan is murdered, rather than allowing Macbeth to have his way and let Duncan live. After Macbeth has committed the murder he is distraught and talking about the intensity of the blood on his hands, once again Lady Macbeth takes control of the situation, by saying â€Å"a little water clears us of this deed† she attempts to clear Macbeths conscience. The change in the obvious contr ol Lady Macbeth holds over Macbeths actions, in the first two acts, becomes evident in the banquet scene ( scene 4, act 3 ), by this stage Macbeth is arranging the murder of Banquo without the assistance or reassurance of Lady Macbeth, however, when Macbeth is supposedly seeing the ghost of Banquo later on in the scene, it is Lady Macbeth who, once again, is put into a position of control, as she attempts to cover for her husband and explain his confusing speeches. As the play continues, the plot intensifies, and as Macbeth changes, Lady Macbeth plays a smaller role in the outcome of events. The audience sees her character in decreasing amounts, after the banquet scene, she only features in scene 1, Act 5. Which shows her increasing insanity, as Lad... ...s may not have had any supernatural powers whatsoever, other than Macbeth receiving the title of thane of Cawdor, which may have been coincidence, Macbeth caused everything else to happen, not giving fate a chance as he was causing everything to happen himself. Whether or not you make you own fate is one of the major themes explored by Shakespeare in the play of Macbeth. In the final scene of the play Malcolm describes Macbeth as a â€Å"dead butcher† this in itself sums up the change of Macbeths character, especially when compared to the praise received by the character during the first act of the play. During the early stages of the play Macbeth is described as a â€Å"worthy cousin† to the king and as a â€Å"noble partner† to Banquo, by the end of the play Macbeth has ensured the death of both, either doing it himself or arranging for murderers to do the deed. One has to wonder if it was in Macbeths destiny to face such changes in character, or if it happened as a result of the three weird sisters, playing with a situation that was not meant for their involvement. Regardless of the cause, Shakespeare successfully shows the change in character throughout the play in a large variety of ways.

Lebanon Essay example -- Lebanese History, Religion, Politics

In the United States, citizens take their freedom and rights on numerous things for granted. Different countries, such as Lebanon, do not get to experience the wide range privileges we have grown accustomed to in America. Settled in the western party of Asia, Lebanon appears to be a quiet and calm country. But Lebanese citizens constantly debate and fight over their country’s status on controversial and different human rights, such as laws against the gays and their country’s women’s right, on a daily basis. Lebanon is a country very well known for its strict religious Muslims upbringing (Lebanon 2011). Because of the country’s religious background, sexual relations and sexuality remains a notorious topic that is not discuss amongst others. According to Article 534 of the Lebanese Penal Code, it is forbidden to participate in sexual relations that go against what the Lebanese citizens consider as laws of nature, such as homosexuality, adultery, sodomy, and fornication. If they were to be caught, punishment of a year or more in prison will be the result of the crime (LGBT rights in Lebanon 2011). Not only does Lebanon’s laws and strict religion prevents citizens in partaking what they consider a devious act, their society also plays a large role in attempting to stop homosexuality to spread throughout their country. In 2003, Lebanese media reported a situation at a Dunkin Donuts store, where the general manager refused to serve any customers that are gay or appear to be gay looking. Her defense for her action was that she wanted to reassure the parents of the children that came by were being protected and taken care of (LGBT rights in Lebanon 2011). If a scenario similar to this had happen in the United States, the general mange... ...establishes a balance of power among the major religious groups in the country (Human Rights in Lebanon 2011). More than half the population in Lebanon consider themselves as Muslims, while only 39% are Christians (Lebanon 2011). In this case, Muslims would be placed higher in authority and power compared to Christians. Generally the government respects all aspects of religions, but when it comes to politics, usually the superior religion will win the office (Human Rights in Lebanon 2011). Many of Lebanon’s human rights in their country are considered unreasonable and unfamiliar to American citizens who take their constitutional rights for granted. Regardless of the United States’ fortunate human rights act, Lebanon is a country of its own; it’s not America. Whenever they are ready, Lebanon will make new laws and changes that best suits its modernized country. Lebanon Essay example -- Lebanese History, Religion, Politics In the United States, citizens take their freedom and rights on numerous things for granted. Different countries, such as Lebanon, do not get to experience the wide range privileges we have grown accustomed to in America. Settled in the western party of Asia, Lebanon appears to be a quiet and calm country. But Lebanese citizens constantly debate and fight over their country’s status on controversial and different human rights, such as laws against the gays and their country’s women’s right, on a daily basis. Lebanon is a country very well known for its strict religious Muslims upbringing (Lebanon 2011). Because of the country’s religious background, sexual relations and sexuality remains a notorious topic that is not discuss amongst others. According to Article 534 of the Lebanese Penal Code, it is forbidden to participate in sexual relations that go against what the Lebanese citizens consider as laws of nature, such as homosexuality, adultery, sodomy, and fornication. If they were to be caught, punishment of a year or more in prison will be the result of the crime (LGBT rights in Lebanon 2011). Not only does Lebanon’s laws and strict religion prevents citizens in partaking what they consider a devious act, their society also plays a large role in attempting to stop homosexuality to spread throughout their country. In 2003, Lebanese media reported a situation at a Dunkin Donuts store, where the general manager refused to serve any customers that are gay or appear to be gay looking. Her defense for her action was that she wanted to reassure the parents of the children that came by were being protected and taken care of (LGBT rights in Lebanon 2011). If a scenario similar to this had happen in the United States, the general mange... ...establishes a balance of power among the major religious groups in the country (Human Rights in Lebanon 2011). More than half the population in Lebanon consider themselves as Muslims, while only 39% are Christians (Lebanon 2011). In this case, Muslims would be placed higher in authority and power compared to Christians. Generally the government respects all aspects of religions, but when it comes to politics, usually the superior religion will win the office (Human Rights in Lebanon 2011). Many of Lebanon’s human rights in their country are considered unreasonable and unfamiliar to American citizens who take their constitutional rights for granted. Regardless of the United States’ fortunate human rights act, Lebanon is a country of its own; it’s not America. Whenever they are ready, Lebanon will make new laws and changes that best suits its modernized country.

Separation, Divorce & Annulment

SEPARATION, DIVORCE & ANNULMENT Introduction When two people are in a relationship they are usually in it forever. Unfortunately, it isn’t always the case and as you will learn in this unit, there are many things that could potentially be blamed for the breakdown of such relationships. This topic takes you into the world of divorce which is never an easy thing for any couple and if there are children involved (and there usually are); it makes the experience even worse. Some couples split amicably while for others the parting can drag on in what could seem like forever where the accusations and blame is often hurled from one party to another.In many countries, there has been a shift towards ‘no fault’ divorce. A no fault divorce is divorce in which the dissolution of a marriage does not require fault of either party to be shown, or the requirement of any evidentiary proceedings to take place. So either party may request a divorce despite the objections of the other party. No fault divorce systems are where the law provides for only one ground for divorce – this is that the marriage has broken down irretrievably (see example, s30(1) Family Law Act, Fiji).This does not necessarily mean that both parties to the marriage were equally blameless for the breakdown in the relationship but it does recognise that both may have contributed to that breakdown and that blame and accusation can aggravate what is likely to already be an unhappy and often bitter situation. Accusations and recriminations do not help this and may be particularly damaging for any children of the marriage, who, despite whatever the feelings of their parents, still need to have a mother and father.While marriage remains an important cornerstone for the stability of society and social ordering, the law allows divorce and provides a framework both for that divorce and for the consequences of that change of status especially as regards any children of the marriage and any prop erty interests which have arisen due to the marriage. 1. Ground s for Di v or c e Grounds for divorce are statutorily provided for throughout the region. They include: i. adultery ii. desertion iii. refusal to consummate iv. cruelty v. habitual drunkenness or habitual intoxication vi. onvictions for various criminal acts vii. failure to financially support the petitioner viii. failure to comply with a decree for the restitution of conjugal rights ix. being of unsound mine x. living apart for five years from the respondent with no intention of cohabiting xi. Presumed dead. LW310 Family law 4. 6 In Tuvalu, unless one party to a marriage has wilfully refused to consummate it, or the marriage was induced by fraud, duress or mistake, the sole ground for divorce is that the marriage has broken down completely (Matrimonial Proceedings Act [Cap 21] (Tuvalu) section 9).Evidence which may be accepted by the court to show that the marriage has broken down includes adultery, desertion, cruelty, being of unsound mind or if, in the circumstances, it would be unreasonable to expect one party to continue in the marriage. Whatever the evidence, however, the court must determine whether or not the marriage has completely broken down. A more restrictive approach is taken by Nauru where the court must find that the marriage has broken down irretrievably and it may only do so on one of four grounds.These grounds are desertion, separation for two years with consent of both parties or separation for five years and certain behaviour. These grounds need to be proved or parties need to fulfil strict conditions. The conditions relate to: †¢ living apart, †¢ attendance at court each month for six months after presentation of the petition, †¢ consistent and voluntary statements requesting the marriage to be dissolved and †¢ attempts by the court to promote reconciliation (Matrimonial Causes Act 1973 (Nauru) ss 10 and 12).Tonga prescribes eight matrimonial offences alth ough, with consent, the parties may also divorce after two years of separation. READ s 3 Divorce Act [Cap 29] (Tonga) There are only three grounds for dissolution of marriage in Tokelau – adultery, cruelty and three years of living apart (Divorce Regulations 1987 Reg 3). In Kiribati, fault grounds predominate. I-Kiribati parties may divorce if the court finds that their temperaments are incompatible (Native Divorce Act [Cap 60] s 4).However, the Matrimonial Causes Act 1950 (UK) which applies to other races in Kiribati and to foreigners in Solomon Islands, reinforces the fault based position by insisting on the blameless character of the petitioner and the fault of the respondent. In Fiji, the Family Law Act provides only one ground for divorce and that is irretrievable breakdown (s 30). This marks a shift to ‘no fault’ divorce, although often one of the various ‘matrimonial offences’ which may be relied on as a grounds for divorce elsewhere may have contributed to the irretrievable breakdown of the marriage – for example, adultery by one of the spouses.However a variety of lesser ‘fault’ may have led to the irretrievable breakdown of the marriage. What the court is looking for is evidence of conduct which makes it impossible for the two parties to continue to live as husband and wife in close proximity to each other and sharing the same home, resources and living space. I. Adultery Adultery is one of the most common grounds of divorce where it is still necessary to show fault.For the purposes of obtaining a divorce on the ground of adultery in fault based jurisdictions, a petitioner must prove that the respondent engaged in voluntary sexual intercourse with another person of the opposite sex during the subsistence of the marriage (Coffey v Coffey [1989] P 169). All jurisdictions except for Fiji, Nauru and Tuvalu list adultery as a ground for divorce. READ s3 (1) (a) Divorce Act [Cap 29] (Tonga) In Tuvalu adu ltery, if proved, is prescribed as evidence which a court may accept as causing the marriage to completely break down.READ s 9(a) Matrimonial Proceedings Act [Cap 21] (Tuvalu) The fact of adultery must be proved to the satisfaction of the court although the required standard of proof is unclear. In Elisara v Elisara [1994] WSSC 14 the proof consisted of testimony of the petitioner and her sister that they had found the co-respondent â€Å"half dressed inside the matrimonial home† as well as the respondent’s admission. Chief Justice Sapolu recited the facts as follows; „The petitioner, the wife, and the respondent, the husband, are a married couple having been married on 5 January 1980.In the first quarter of 1993, the petitioner was under suspicion that her husband, the respondent, was having an affair with the co-respondent. The respondent was director of the Department of Lands and Environment until near the end of 1992. The co-respondent was a secretary in the same department. Due to her suspicions, the petitioner and her cousins kept watch of the respondent? s whereabouts on the nights that the petitioner and the respondent were not together. Then one night in the beginning of April 1993, the petitioner asked the respondent to drop her off at her family at Savalalo.Not very long after the petitioner was dropped off, she headed back with her sister and cousins to their matrimonial home at Waivaseuta. When they arrived at Vaivase-uta the lights downstairs of the matrimonial home were on but not the lights upstairs. The respondent came out of the house and asked the petitioner as to why she was there. The petitioner gave the excuse that she was there to look for a parcel. She searched every bedroom in the house and found the co-respondent in one of the bedrooms half-naked. She told the respondent this is the last time you will see me again in this house and then left.The petitioner? s sister also testified that she saw the co-respondent ha lf dressed inside the matrimonial home at Vaivase-uta on the same night. LW310 Family law 4. 8 In his evidence, the respondent admits having committed adultery with the co-respondent. He says he has never denied to his wife, the petitioner, that he had committed adultery with the co-respondent. The corespondent did not appear to give evidence. On this evidence, I find that the ground of adultery alleged in the petition had been established. Accordingly a decree is granted to dissolve the marriage of the petitioner to the respondent.?However, in Bhagmati & Another v Ishri Prasad [1974] 20 FLR 75, the Court dismissed an appeal by a wife against an order for dissolution of the marriage on the basis that admissions made by her were not voluntary. Mr. Justice Bodilly stated that: ‘The Court must have sufficient evidence before it to be reasonably satisfied. I think that it is clear that a court would not be reasonably satisfied upon a mere balance of probability, on the other hand I do not think that the standard of proof required is as high as that in criminal cases, namely beyond any reasonable doubt. It lies somewhere between the two?. READ THE CASE NOWProving adultery can be difficult and may depend on circumstantial evidence. Read the case of Sugar v Fatafeti [1993] TOSC 2 for an illustration of this. A fraudulent secret understanding between the parties – collusion – is also one of the discretionary bars available to some courts in the region. READ s 11 (2) Divorce Act [Cap 29] (Tonga) Condonation or connivance may also act as a bar to the relief sought by the petitioner, whilst forgiveness by the petitioner provides the respondent with a defence in the Marshall Islands, provided that the forgiving party is treated with â€Å"conjugal kindness† (26 MIRC 1 s17).See the Vanuatu case of Ilaisa v Ilaisa [1998] VUSC 16 where the question of condonation is considered. Adulterers must be joined as co-respondents in proceedings for divorce on the basis of adultery in most jurisdictions unless they are excused by the Court on special grounds. See Cook Islands Matrimonial Proceedings Act 1963 (NZ) s 22; Samoa Divorce and Matrimonial Causes Ordinance 1961 s 11; Kiribati and Solomon Islands Matrimonial Causes Act 1950 (UK) s 3 and Vanuatu Matrimonial Causes Act [Cap 192] s17. In Niue this is at the discretion of the court ((NZ) Niue Act 1966 s537.READ s 11 Divorce and Matrimonial Causes Ordinance, 1961 (Samoa) Proceedings against co-respondents may be dismissed by the Court if there is insufficient evidence against them. See for example, Samoa s. 10. LW310 Family law 4. 9 READ s 6 Divorce Act [Cap 29] (Tonga) In some countries petitioners have a right to claim damages against corespondents. See for example, Vanuatu, Solomon Islands and Kiribati. The Solomon Island and Vanuatu Acts provide that a petitioner relying on adultery as a ground for divorce may claim damages from any person.The amount of damages which may be clai med against co-respondents is prescribed in Tonga. READ s. 13 Divorce Act, 1927 (Tonga) In Cook Islands, Vanuatu and Tonga the courts may direct the manner in which such damages are to be paid or applied and the sex of the petitioner or respondent is irrelevant. However, only petitioner husbands in the Solomon Islands and non i-Kiribati in Kiribati may claim damages in adultery cases. The categorisation and amount of such damages, which are not specified in the Acts, (except in Tonga) has been the subject of some judicial concern.In Tonga where the amount claimed is specified, the court found in ‘Afa v Tali & Sika [1990] Tonga LR 185 that the maximum amount of damages should only be awarded where it was shown on the balance of probabilities that the conduct of the co-respondent brought about the breakdown of the marriage by, for example, seducing or enticing away the respondent. Further, damages were to be based on- (a) The actual value of the wife (sic) (in terms of money and companionship); and (b) Compensation for injury to feelings, honour and family life. Damages are measured as compensation and not to punish or make an example of the Co-respondent.This idea of damages as compensation rather than punishment was elaborated further in Lamatau v Mau [1991] TOSC 3. It has been indicated however that the award of damages is becoming less common and that the courts are reluctant to allow a change of claim to include damages – see Mamata v „Akolo [2001] TOSC 47. The Vanuatu case of Banga v Waiwo is further illustrative of the difficulties faced by courts in the region when interpreting legislation derived from colonial sources whilst attempting at the same time to acknowledge custom law and respond to local social conditions.This matter originated in the Senior Magistrates Court where the petitioner gave evidence that customary meetings had been held with regard to the marital dispute. As a result of these meetings the chiefs decided that the husband was to pay 20,000 vatu to the co-respondent’s husband and the co-respondent was to pay the wife 5,000 vatu and two pieces of calico. The petitioner was also to pay the co-respondent 5,000 vatu because she had â€Å"insulted† the co-respondent. Having refused to accept this decision, the petitioner approached the Court for a divorce and claimed 100,000 vatu damages against the co-respondent.The solicitor for the co-respondent argued that the sum claimed was excessive and amounted to punitive damages. Reference was made to the Matrimonial Causes Act 1965 (UK) on which the Vanuatu Act is based. In the UK, it was argued, damages are awarded on a compensatory basis only and this should also be the approach of the law in Vanuatu. The amount awarded by the Chiefs, namely 5,000 vatu, was submitted as being appropriate as compensation â€Å"for the loss of the Husband (sic). â€Å"On behalf of the petitioner it was submitted that section 17 (1) of the Act should be in terpreted according to the intention of Parliament. That section states that; †¢ A petitioner may on a petition for divorce claim damages from any person on the ground of adultery with the respondent. † †¢ It was also contended that â€Å"adultery is a serious offence in Vanuatu communities and that punitive damages are often given for adultery which show clearly that Vanuatu local circumstances are different from those of the United Kingdom.The Senior Magistrate (then) considered the issue of the interpretation of section 17 of the Act and referred to the rules in Heydon? s case (1584) as restated in Re Macmillion v Dent (1907) 1 Ch 120, Brett v Brett (1826) 2 D and s 8 of the Vanuatu Interpretation Act CAP 132. In determining the intention of parliament the Senior Magistrate found circumstances in Vanuatu to be quite different from those in the United Kingdom and the Acts themselves to differ in important respects. Unlike the position in the UK Act, which allows o nly a petitioning husband to claim damages, the Vanuatu Act is not so limited.In comparing the UK and Vanuatu jurisdictions, it was noted that in Vanuatu the law recognises civil, religious and custom marriages and customary law, pursuant to Article 95(3) of the Constitution. Further, because adultery is considered a serious offence on the basis of custom, ‘any damages claimed by the Petitioner against the Co-Respondent should be awarded in accordance with customary law. ’ The Senior Magistrate did not categorise the type of damages to be awarded. He found in favour of the petitioner with regard to the amount of damages, however, stating that, „†¦ 00,000 Vatu damages claimed against the Co-Respondent is not excessive and it should be awarded to the Petitioner in accordance with customary law. ’ The matter then went on appeal to the Supreme Court of the Republic of Vanuatu where Chief Justice Vaudin d’Imecourt held that, whilst exemplary damages could be awarded in an appropriate case, no evidence justifying such an award had been presented to the court. His Honour considered that custom law only LW310 Family law 4. 11 applied where no other law was in force. The Court also found that custom law is not uniform in Vanuatu and; Although it is conceivable that there might not be a need for strict rules regarding the obtaining of evidence of a particular custom if and when the need arises to establish a particular custom, evidence must, nevertheless, be obtained and a clear custom must be established. ’ READ Waiwo v Waiwo [1996] VUMC 1 and Banga v Waiwo [1996] VUSC 5 In Solomon Islands and Kiribati where UK Acts still apply, damages for adultery may be claimed by petitioner husbands. Where damages are not available the court may order an adulterer to pay costs. S t u d y T a s k 1 CONSIDER THE FOLLOWING QUESTIONSAdultery and Divorce 1. Do you think it is sufficient for the petitioner to simply show that the respondent ha s committed adultery OR that the respondent has committed adultery AND ALSO that the petitioner finds it intolerable to live with the respondent? 2. If it is sufficient only to show that the respondent has committed adultery is one incident of adultery sufficient? 3. To what extent should the court investigate the claim? If the petitioner files an affidavit stating he or she believes the respondent to have to have committed adultery is that sufficient? . What does adultery as a ground for divorce which is frequently relied on tells us a) about marriage b) about people? 5. Should it make any difference to a divorce petition if the petitioner has also committed adultery? 6. Is the adultery of a woman more serious than that of a man? If yes why? 7. If the ground for divorce is irretrievable breakdown or final breakdown of a marriage and the matrimonial fault relied on is adultery, should this be viewed more gravely than other matrimonial offences such as cruelty, habitual drunkenness, or desertion? . Could adultery be claimed as the ground for divorce even if in fact it is not this but other factors which have led to the irretrievable breakdown of the marriage? 9. To what extent should the law of divorce be used to punish adultery? 10. What is the advantage/disadvantage of joining a co-respondent to adultery in a divorce action? 11. Should a petitioner be able to claim damages from more than one corespondent? What are damages for in such cases? 12.Would it make any difference if the respondent had promised to marry the coLW310 Family law 4. 12 respondent? 13. Should a co-respondent ask if the respondent is married before having intercourse with him or her? 14. Should it make a difference – in law – if the co-respondent is married or not? 15. Is adultery a) unlawful b) immoral c) a fact which may be evidence of the breakdown of a marriage? 16. Should any consideration be given to the fact that there are children born from the adulterous union? II. De sertionIn Tuvalu and Nauru the sole ground upon which a petition for divorce may be presented is that the marriage has â€Å"completely broken down† (Matrimonial Proceedings Act Tuvalu s 9(1) and â€Å"broken down irretrievably†(Matrimonial Causes Act 1973 s 8 Nauru) respectively. In Tuvalu, desertion â€Å"without reasonable cause† (s. 9(2)(b) may be accepted as evidence of marriage breakdown whilst in Nauru it is one of the grounds which, if proved, can lead to a finding that the marriage has broken down irretrievably. (s 9 (1)(a)(ii) Desertion is not a ground for divorce in Tokelau.READ ss 9(1) and 9 (2)(b) Matrimonial Proceedings Act [Cap 21] (Tuvalu) The applicable provisions in Kiribati, (Native Divorce Ordinance s 4(b) and Matrimonial Causes Act (UK) 1950 s 1(b)) Niue ((NZ) Niue Act 1966 s 534(3)(c)) Solomon Islands (The Islanders Divorce Act [Cap 48] S5(1)(b) and Matrimonial Causes Act 1950 (UK. ) s 1(b)) and Vanuatu ( Matrimonial Causes Act [Cap 192] s 5(a)(ii)) state that the respondent must have deserted the petitioner without just cause (the wording in the Kiribati and Solomon Islands legislation is â€Å"without cause†) for at least three years.In the Cook Islands and Nauru the period is two years prior to filing the petition ( Matrimonial Proceedings Act, 1963 (NZ) s 21 (c) and Matrimonial Causes Act 1973 ss 9(1)(ii), 12 (3). 54) Wilful desertion is statutorily provided for in Cook Islands (Matrimonial Proceedings Act, 1963 (NZ) s 21 (c)); Marshall Islands (26 MIRC 1 s 15 (c)); Samoa (Divorce and Matrimonial Causes Ordinance 1961 s 7(1)(b)) and Tonga (The Divorce Act [Cap 29] s 3(1)(c)). LW310 Family law 4. 13The Marshall Islands Act prescribes a period of not less than one year before wilful desertion may be alleged, Samoa prescribes three years and the other jurisdictions prescribe two years. READ s 7(1) (b) Divorce and Matrimonial Causes Ordinance, 1961(Samoa) There appears to be no difference in law between wilful desertion and desertion as in all cases the burden is on the petitioner to show that throughout the statutory period the desertion subsisted without cause. A distinction can be made however between desertion and constructive desertion.Facts presented to the court must show that the respondent intended to leave the marriage and that the desertion was against the will of the petitioner. If the behaviour of one party to the marriage causes the other to leave the matrimonial home then constructive desertion may be argued. Cook Islands also allow desertion to continue notwithstanding that during the period of the desertion the deserting party becomes â€Å"incapable of forming or having an intention to continue the desertion† (Matrimonial Proceedings Act, 1963 (NZ) s 24)A review of desertion as a ground for divorce can be found in the Solomon Island case of Kikolo v Aberam [2002] SBHC 28. In the Fiji case of Kistamma v Sarojini [1977] 23 FLR 86, desertion was not made out because the respondent was found to have made a genuine offer to return to the marriage. See also Ledua v Uluiborotu [1994] FJHC 182 and compare Peck v Peck [1993] FJHC 34 There may be some confusion between desertion as a ground for divorce and separation. This was considered in the case of Peck v Peck [1993] FJHC 34 III. Failure to Consummate the MarriageThe issue as to whether or not the marriage has been consummated is dealt with in some jurisdictions as a ground for divorce and in others as rendering the marriage voidable. The latter approach is taken by Cook Islands (Matrimonial Proceedings Act, 1963(NZ) s 18 (2)(a)); Nauru (Matrimonial Causes Act 1973 s 22 (e)); Samoa (Divorce and Matrimonial Causes Ordinance 1961 s 9(3)(a)); Solomon Islands (The Islanders Divorce Act [Cap 48] s13 (1)(a) and Matrimonial Causes Act 1950 (UK. ) s 8 (1)(a)) and Vanuatu (Matrimonial Causes Act [Cap 192] s 2(1)(a)).In Fiji, if a party was incapable of consummating, the marriage used to be rendered voidabl e (Matrimonial Causes Act [Cap 51] s 9(1) (a)) 70 whilst wilful and persistent refusal to consummate was a ground for divorce (Matrimonial Causes Act [Cap 51] s 14(c)). The new Family Law Act abolishes this ground for divorce. Inability of failure to consummate may however lead to the irretrievable breakdown of the marriage. In Tuvalu the term â€Å"voidable† is not used but wilful refusal to consummate provides an entitlement to divorce (Matrimonial Proceedings Act [Cap 21] s 8).LW310 Family law 4. 14 The Marshall Islands legislation provides that:- ‘A decree annulling a marriage may be rendered on any ground existing at the time of the marriage which makes the marriage illegal and void or voidable. A court may, however, refuse to annul a marriage which has been ratified and confirmed by voluntary cohabitation after the obstacle to the validity of the marriage has ceased, unless the public interest requires that the marriage be annulled. (26 MIRC 1 s 12)?In Kiribati it is a ground for divorce if the respondent has either wilfully refused or is incapable of consummating the marriage (Native Divorce Act [Cap 60] s 4(d)) whilst in Tonga the section is much wider and provides that if:- †¦ the respondent at the time of the marriage is and continues to be incapable of consummating the marriage by reason either of some structural defect in the organs of generation which is incurable and renders complete intercourse impracticable or of some incurable mental or moral disability resulting in an invincible repugnance to sexual intercourse with the petitioner. Divorce Act [Cap 29] s3 (1) (e)) The petitioner has grounds for the marriage to be dissolved. In the region, only Tokelau does not provide for failure to consummate as either a ground for divorce or as possibly rendering a marriage voidable. IV. Cruelty Whilst cruelty is not mentioned specifically in the legislation of Cook Islands, Nauru, Niue and Tonga it is a ground for divorce elsewhere in the region in Kiribati Marshall Islands and Samoa. In Vanuatu, such cruelty must be â€Å"persistent†.A clear consideration of what may amount to cruelty was considered in the case of Kong v Kong [1999] VUSC 41. See also the approach taken in the Marshall Islands where; „the guilt of either party toward the other of such cruel treatment, neglect or personal indignities, whether or not amounting to physical cruelty, as to render the life of the other burdensome and intolerable and their further living together unsupportable? (26 MIRC 1 s 15(b)81) †¦is a ground for divorce.The scope of the cruelty is extended by the Regulations in Tokelau which specify that the cruelty can be directed to the applicant or â€Å"a child of the applicant† (Tokelau Divorce Regulations 1987 Reg. 3). The applicable provisions in Cook Islands, Niue and Samoa require that the respondent be not only habitually cruel but a â€Å"habitual drunkard† as well ((NZ) Matrimonial Proceedin gs Act, 1963 s 21 (e); (NZ) Niue Act 1966 s 534 (3)(d); Divorce and Matrimonial Causes Ordinance 1961 s 7(1)(c)83). LW310 Family law 4. 5 In the Solomon Islands case of Elaine Bui v Anthony Makasi [1993] SBHC 3, the applicant succeeded in obtaining a divorce on the ground of cruelty. Justice Palmer held that it was not necessary to find physical violence and considered four specific allegations. Three of the allegations involved assaults and threats against the petitioner whilst the respondent was drunk and the fourth allegation involved an assault on the eldest child of the parties. READ THE CASE NOW V. Criminal ConvictionsIn the Cook Islands, Samoa, and the Solomon Islands and for non i-Kiribati only a respondent husband can be guilty of rape, sodomy or bestiality and sued for divorce by his wife. (Cook Islands Matrimonial Proceedings Act, 1963(NZ) s 21(1)(h);Kiribati Matrimonial Causes Act 1950 (UK) s 1; Samoa Divorce and Matrimonial Causes Ordinance 1961 s 7(1)(k), Solomon Islan ds The Islanders Divorce Act (Cap 48) s 5 (1) and Matrimonial Causes Act 1950 (UK. ) s 1) In Vanuatu, a wife may divorce her husband if he has been â€Å"convicted of rape or an unnatural offence† (Matrimonial Causes Act [Cap 192] s5).Incest, attempted rape or assault with intent to rape a child of the either party provides a ground for divorce in the Cook Islands Matrimonial Proceedings Act 1963 (NZ) s 21(1) (g) and Niue (Niue Act 1966 (NZ) s 543(f)) as does sexual intercourse or attempted sexual intercourse with the child. Husbands in Niue who commit rape or buggery(s 543(g) or either party to a marriage in the Cook Islands, Samoa or Niue who is convicted of murder may also be divorced.Other criminal convictions which provide a ground for divorce are those which result in various periods of imprisonment including for a life sentence, seven years and five years. (E. g. Marshall Islands 26 MIRC 1 s 15(e) stipulates imprisonment for life or for three years or more; see also: S amoa Divorce and Matrimonial Causes Ordinance 1961 s 7(1)(l) and Tonga The Divorce Act, 1927 s 3 (1)(a)). Serious offences against the petitioner are also specifically provided as a ground for divorce in three jurisdictions.In three of these, offences against a child of the parties are included: Cook Islands (Matrimonial Proceedings Act, 1963(NZ) s 21(1) (f); Niue (Niue Act 1966 (NZ) s 534 (3) (e)) and Samoa (Divorce and Matrimonial Causes Ordinance 1961 s 7 (d)) READ s 7(d) Divorce and Matrimonial Causes Ordinance, 1961(Samoa) VI. Drunkenness In the jurisdictions where drunkenness is a ground for divorce, such as Cook Islands (Matrimonial Proceedings Act 1963(NZ) s 21(1) (f)) Samoa (Divorce and Matrimonial Causes Ordinance 1961) s 7(1) (d)) and Niue (Niue Act 1966 (NZ) s 534 (3) (e)) the legislation is not uniform although the CookIslands, Niuean and LW310 Family law 4. 16 Samoan Acts are in very similar terms. As noted above these Acts link drunkenness and cruelty. They also link other behaviour with drunkenness along the lines of traditional gender roles in marriages, as illustrated by the Samoan provision which states; that the respondent has for three years or more been a habitual drunkard and has either habitually left his wife without sufficient means of support or habitually been guilty of cruelty toward her; or, being the petitioner? wife has for a like period been a habitual drunkard and has habitually neglected her domestic duties and rendered herself unfit to discharge them. (Divorce and Matrimonial Causes Ordinance 1961) s 7(1) (c)) In the Cook Islands and Niue, the relevant section is in similar terms with a three year time period for a husband who is a habitual drunkard or drug addict and who either leaves his wife without means of support or who is habitually cruel to her. (Cook Islands Matrimonial Proceedings Act, 1963(NZ) s 21(1) (e); Niue, Niue Act 1966 (NZ) s 534(3) (d)).A wife must be similarly addicted and either habitually neglect her do mestic duties and have been unfit to discharge them or be habitually guilty of cruelty towards the husband. (Cook Islands Matrimonial Proceedings Act, 1963 (NZ) s 21 (e)(i)which prescribes a period of two years following amendment by the Cook Islands Amendment Act1982; Niue Niue Act 1966 (NZ) s 534(3) (d)(i)). In the Marshall Islands the time period is reduced to not less than one year.The applicable section requires â€Å"habitual intemperance in the use of intoxicating liquor or drugs† (26 MIRC 1 s 15(d)). Obviously the time restrictions are used to bar applications for divorce after one or several episodes involving excessive use of alcohol or other drugs. VII. Failure to Maintain In Niue and in Samoa a petitioner wife may only rely on insufficient means of support if the respondent husband is a habitual drunkard or addict (Niue Act 1966 (NZ) s 534(3) (d) (i) and Divorce and Matrimonial Causes Ordinance (1961) s 7(1) (c) (Samoa)).The equivalent provision in Marshall Island s targets the â€Å"wilful neglect by the husband to provide suitable support for his wife when able to do so or when failure to do so is because of his idleness, profligacy or dissipation† (26 MIRC 1 S15 (I)). VIII. Presumed Dead In the Cook Islands it is a ground for divorce if the respondent can be presumed dead on reasonable grounds. (Matrimonial Proceedings Act, 1963 (NZ) s 19) Separate provision is made for this in Samoa where five years absence is required (Divorce and Matrimonial Causes Ordinance (1961) s 8) and in Nauru, Marshall LW310 Family law 4. 7 Islands and Vanuatu the period is seven years (26 MIRC 1 s 29; Matrimonial Causes Act 1973 s 29; Matrimonial Causes Act (Cap 192) s13). The United Kingdom legislation applying in Kiribati and Solomon Islands also makes separate provision for a decree of presumption of death and dissolution of marriage after seven years of absence (Kiribati Matrimonial Causes Act 1950 (UK) s 16; Solomon Islands Matrimonial Causes Act 195 0 (UK. ) s 16). IX. Unsound Mind or InsanityIn the Cook Islands a marriage is rendered voidable if at the time of the marriage either party was a â€Å"mental defective† (Matrimonial Proceedings Act, 1963 (NZ) s 18 (2) (b)). Insanity, provided that it has existed for three or more years may provide grounds for divorce in one country (see Marshall Islands 26 MIRC 1 s15 (f)) but other jurisdictions refer to the â€Å"unsound mind† of the respondent to divorce proceedings. The length of time that a person has been of unsound mind, possibility of recovery and proof of the condition are material.Some jurisdictions require that the respondent be under care and treatment continuously for five years prior to the presentation of the petition for divorce (e. g. Cook Islands Matrimonial Proceedings Act, 1963(NZ) s 21(1)(l); Kiribati Native Divorce Ordinance [Cap 60] s 4(e);Kiribati Matrimonial Causes Act 1950 (UK) s 1(d); Niue, Niue Act 1966 (NZ) s 534(3)(k); Samoa Divorce and Ma trimonial Causes Ordinance (1961) s 7(f), (g); Solomon Islands The Islanders Divorce Act [Cap 48] s 5 (1)(d) and Matrimonial Causes Act 1950 (UK. s 1 (d); Tonga The Divorce Act, 1927 s 3 (1)(d); Vanuatu Matrimonial Causes Act [Cap 192] s 5 (a)(iv)). Samoa extends its provision to cover the possibility of a confinement in another country (Divorce and Matrimonial Causes Ordinance (1961) s 7(1) (g)). The Cook Islands, Niue and Samoa also cover the possibilities of respondents being of unsound mind intermittently and continuously for a number of years (Matrimonial Proceedings Act, 1963 (NZ) s 21(1) (j), (k); Niue Act 1966 (NZ) s 534(i) (j); Divorce and Matrimonial Causes Ordinance (1961) s7 (f) & (g)).Respondents must be either â€Å"unlikely to recover† (Cook Islands, Niue, Samoa, Tuvalu) or â€Å"incurably of unsound mind† (Kiribati, Solomon Islands, Tonga and Vanuatu). Reference may be made to applicable Mental Health legislation (Kiribati, Niue, Samoa, Solomon Islands and Tuvalu). There is no reference to insanity or unsound minds in Nauru or Tokelau. READ s 7 Divorce and Matrimonial Causes Ordinance, 1961(Samoa) X. Marital Breakdown – Living Apart The legislation in Marshall Islands, Nauru and Tonga provides a â€Å"catch all† provision in identical terms dealing with the behaviour of the respondent generally.The provisions require that the petitioner â€Å"cannot reasonably be LW310 Family law 4. 18 expected to live with the respondent† because of that behaviour (Marshall Islands 26 MIRC 1 s 9(1) (a); Nauru Matrimonial Causes Act 1973 s 9(1) (a) (i); Tonga The Divorce Act, 1927 s 3 (1) (g)). The parties are treated as living apart in Nauru unless they are living with each other in the same household although they may live together for a period or periods not exceeding six months, in an attempt to reconcile, without prejudice.In wider terms, the Tuvalu Act allows parties to divorce on proof that the marriage has broken down where â€Å"in the circumstances it would be unreasonable to expect one party to continue in the marriage relationship with the other†. READ s 9(2) Matrimonial Proceedings Act, (Cap21)(Tuvalu) When a party asks for a divorce on the ground that petitioner and spouse are living apart, is this just another way of claiming that petitioner has been deserted or is this a different ground? Some answer to that question might be provided in the case of Ng Lam v Ng Lam from Samoa.READ the Ng Lam case now XI. Incompatible Temperaments Kiribati is the only jurisdiction to allow divorce on the basis that the temperaments of the parties are incompatible (Native Divorce Ordinance [Cap 60] s 4(j). This is a significant departure from other jurisdictions and is clearly a no fault ground for divorce. The closest comparison is the provision in Tuvalu relating to â€Å"circumstances† as described in the preceding paragraph. However in Fiji, incompatibility of temperament might be a cause of the irretrievable breakdown of the marriage.XII. Disease Whilst the contraction of disease may render a marriage voidable in most jurisdictions it can be used as a ground for divorce in others. Kiribati prescribes â€Å"venereal disease† as a ground for divorce if certified as such by â€Å"a medical officer†(Native Divorce Ordinance [Cap 60] s 4(g)) whereas Tonga specifies affliction with â€Å"an incurable disease capable of being transferred to the petitioner by contagion of infection† (The Divorce Act [Cap 29] s 3 (1) (d)).The Marshall Islands prescribes leprosy as a ground for divorce (26 MIRC 1 s 15(g)) XIII. Other Grounds The Marshall Islands lists â€Å"neglect† or â€Å"personal indignities† as grounds for divorce if this renders the life of the other party â€Å"burdensome and intolerable† and the married life â€Å"unsupportable† (26 MIRC 1 s 15(b)). Kiribati has the additional grounds of epilepsy (Native Divorce Ordinan ce [Cap 60] s 4(f)); duress or mistake (s 4(h)) and parties within prohibited degrees of LW310 Family law 4. 9 consanguinity or affinity (s 4(i)) as grounds for divorce. Other jurisdictions categorise such issues as rendering a marriage void or voidable (e. g. Cook Islands Matrimonial Proceedings Act, 1963(NZ) s 7(1) (a) (ii); Niue Niue Act 1966(NZ) s 515). Similarly, the Tongan Act states that it is a ground for divorce if a respondent has a former spouse still living (s 3 (1)(b)), whereas this situation renders a marriage void in Cook Islands, Nauru, Solomon Islands, Samoa and Fiji.The Cook Islands and Niue provide that a husband can file for a divorce if without his consent his wife has been â€Å"artificially inseminated with the semen of some man† other than himself (Matrimonial Proceedings Act, 1963 (NZ) s 21(1)(b) and Niue Act 1966 (NZ) s 534(3)(b)). A marriage is rendered voidable in Cook Islands (Matrimonial Proceedings Act, 1963 (NZ) s 18 (2) (d) and IN Vanuatu (Mat rimonial Causes Act (Cap 192) s 2 (1) (d)) if a wife is pregnant at the time of her marriage by some person other than the petitioner.The Cook Islands takes this situation further by providing for dissolution where a woman other than the petitioner wife is pregnant by the respondent (Matrimonial Proceedings Act, 1963 (NZ) s 18 (2) (d)) 2. Cus tomar y Di vor c e The divorce laws of the region are governed by written legislation – much of it introduced under colonial administration and now therefore, quite out of date. Where marriages may be entered into according to custom then customary divorce applies. This occurs in Vanuatu and Solomon Islands. Customary divorce also has some problems.Consider the two cases below. Both are from Melanesia. In all other respects, the two cases are very different. As you read To? ofilu v Oimae, a case from Solomon Islands, and the Wagi Non case from Papua New Guinea, consider what differences, if any, there are between the customary law of div orce and the statutory law of divorce. Consider also the attitudes of the two judges towards custom. READ To? ofilu v Oimai now And, when you have finished that case READ Application of Wagi Non 3. RECOGNITION OF FOREIGN DIVORCE DECREESAs Pacific people acquire greater mobility and come into contact with people of other nationalities and who are domicile in other countries it is not unusual that marriages and divorces occur outside the region or in a different jurisdiction. It is therefore important to know what recognition is given by domestic law to these decrees. LW310 Family law 4. 20 In Nauru, the Recognition of Foreign Divorces, Legal Separations and Nullity of Marriages Act 1973 provides guidelines for judicial recognition of foreign orders or decrees. The following sections give the grounds for recognition and the exceptions from recognition respectively:- . 4 (1) The validity of a foreign divorce, legal separation, annulment of marriage or declaration of invalidity of marri age shall be recognised if, at the date of the institution of the proceedings in the country in which it was obtained – (a) either spouse was habitually resident in that country, (b) either spouse was a national of that country; or (c) the proceedings by means of which it was obtained were held in the exercise in that country of a jurisdiction similar to any jurisdiction conferred in the Family Court in respect of proceedings in Nauru by section 44 of the Matrimonial Causes Act 1973. 2) In relation to a country the law of which uses the concept of domicile as a ground of jurisdiction in matters of divorce, legal separation or nullity of marriage, paragraph (a) of the preceding section shall have the effect as if the reference to habitual residence included a reference to domicile within the meaning of that law. (3) In relation to a country comprising territories in which different systems of law are in force in matters of divorce or legal separation, the preceding provisions of this section, except those relating to nationality, shall have effect as if each territory were a separate country†. s. 9 (1) Recognition by virtue of this Act of the validity of a divorce, legal separation, annulment of marriage or declaration of invalidity of marriage obtained outside Nauru may be refused if, and only if – (a) it was obtained by one spouse – (i) without such steps having been taken for giving notice of the proceedings to the other spouse as, having regard to the nature of the proceedings and all the circumstances, should reasonably have been taken, or ii) without the other spouse having been given, for any reason other than lack of notice, such opportunity to take part in the proceedings as, having regard to the matters aforesaid, he should reasonably have been given: or (b) its recognition would manifestly be contrary to public policy. (2) Nothing in this Act shall be construed as requiring the recognition of any findings of fault made in a ny proceedings for divorce, legal separation or annulment or of any maintenance, custody or other ancillary order made in any such proceedings. LW310 Family law 4. 21 READ the following case Meleisea v Meleisea [1994] WSSC 24 Where legislation does not deal with the recognition of foreign decree, courts must have recourse to the common law. The case example above shows how this may occur in practice. It also highlights possible evidentiary problems when dealing with overseas decrees. 4. Divorce: Marital Agreements, Collaborative Law, Mediation and Family Arbitration Litigation has for a long time been the traditional battlefield for disputing parties within the Family Law.The financial and emotional cost of litigation in the Family Courts is an issue that has often prompted debate over the years. When parties engage themselves in long, drawn out disputes, the strain is not just felt financially, the children will often be victims, courts are clogged with an overflow of cases and the public will end up bearing the burden of resources spent. The time has come for courts to begin utilising different forms of resolving disputes within the courts and one such mechanism is arbitration or alternative dispute resolution (ADR).Dispute resolution is not a new concept to the South Pacific as most societies are familiar with one form or another. ‘Most Pacific societies are familiar with the ideas of â€Å"alternative dispute resolution† without necessarily being familiar with the term. As Vanuatu Chief Justice Lunabek informed a conference on conflict resolution held in Vila in 2000: â€Å"ADR is not a new concept to Pacific Island jurisdictions and, in particular, to Vanuatu. It is, in fact, consistent with traditional methods of dispute resolution that predated the introduction of the formalised system of justice. The resolution of conflict is described as being â€Å"deeply embedded in the culture† in many societies, so that its structures remained unobtrusive.? (Graham Hassal, „Alternative Dispute Resolution in Pacific Island Countries? [2005] 9 (2) Journal of South Pacific Law) In jurisdictions that utilise ADR in the Family Court, there are different processes currently available and these include: i. Counseling This can be likened to a sort of therapeutic process that is aimed at examining the underlying conflict between parties and with the goal of assisting with reconciliation.Parties are encouraged to sort out their differences rather than opting to go to court. In Fiji, one of the key strategies in the Family Law Act to provide support to troubled families is to make available within the Family Court an on-site counseling service. There is statutory requirement under s. 11 of the LW310 Family law 4. 22 Act for the Director of Counseling to „advertise the existence and availability of the counseling and welfare facilities of the respective Family Division? and as far as practicable, to make those facilities available to those seeking such services.The Act provides for three different types of counseling and these are marriage reconciliation, family and child counseling and financial and property conciliation. (See also the Family Protection Act, Vanuatu) Child counseling is an important component because the focus is on the parents coming to an agreement about issues pertaining to the child (ren) and this is done with the belief that the best judges of the children’s best interest are the parents and not the court. Section 50 and 51 of the Family Law Act, Fiji make provisions for child counseling.This is where a parenting plan may be drawn up by the parents. Some issues that the plan will address is where and with whom the child is to reside (focus will be on the effect of relocating a child from a familiar environment), the issue of contact between the child and the non-custodial parent and other persons, the maintenance of a child and any other aspect of parental responsibili ty towards the child. ii. Negotiation (including round table conferences and collaborative law) This seems to be the most common form of dispute resolution in family law.The simplest example of negotiation is where separated parties have discussions with each other to determine if they can resolve some or all of their issues. This is very similar to counselling where parties may be focused on what type of parenting arrangement they will agree to. Parties may choose to conduct negotiations on their own or if this proves too difficult then they may engage the services of their lawyers who will negotiate on their behalf. The latter form is now known as round table conference. A round table conference is one where parties and lawyers meet together, generally at one of the lawyers offices, to undertake settlement discussions. One or both lawyers will initiate the meeting. The conference can be used to resolve any type of legal issues, such as those about parenting and property and financ es. Lawyers need to come to the meeting prepared with all relevant information, such as valuation of properties and superannuation entitlements, where there is property dispute. If a dispute is complex, a series of round table conferences may be needed.? Alexander Harland et al, Family Law Principles (1st ed. 2011) A more complex form of negotiation is known as collaborative law which aims to resolve matters without recourse to litigation. Parties who choose to participate in this type of negotiation must sign an agreement that commits each of them to the process and this agreement includes an undertaking that parties will not resort to litigation. If one party wishes to opt for litigation then the disputing parties’ lawyers must be changed as they had originally signed the agreement on litigation.This is one drawback of this option. ‘Collaborative law may be appropriate where:  ¦ Parties in low conflict are motivated to work together with the assistance of their lawy ers to resolve their dispute, without going to court;  ¦ Parties are committed to negotiating a settlement outcome;  ¦ Parties may have substantial assets, and then can involve their accountant and financial advisors in the negotiation process.? (Alexander Harland et al, Family Law Principles (1st ed. 2011) This form of negotiation first began in the United States and Canada and is today used in Australia. ii. Mediation Mediation is a process where a third party enters the dispute as a sort of referee and to facilitate the discussion between disputing parties. This third party may be someone from the community, the family court, a counsellor, and even lawyers. The Family Court of Fiji operates according to simple, appropriate and effective procedures, offers counseling and mediation support services. „Mediation may be appropriate where:  ¦ Parties are able to negotiate with assistance and want to work towards settlements; Both parties are able to negotiate during the pro cess and are not prevented from doing so by an overwhelming power imbalance, due to family violence, mental health problems, cultural factors or other issues (or the process can be structured in an appropriate way; for example, shuttle mediation in separate rooms and each party has a lawyer representative during the mediation).? (Alexander Harland et al, Family Law Principles (1st ed. 2011) iv. Conciliation This process is not one aimed at getting the parties back together.Rather it is designed to allow for the disputing parties to settle issues regarding the settlement of matrimonial property. ‘The conciliator will be a qualified lawyer who will receive training in conciliation and alternative dispute resolution skills. They will discuss who will live in the matrimonial home or whether it should be sold; whether payments are to made to the Bank for loans; how much maintenance is to be paid for the children or the other spouse if relevant; how income once going into one family will be shared between two homes; their various financial commitments to the Bank or other debtors and any other financial matters.? Imrana Jalal (2009) in Narawa-Daurewa U, The Family Law Act of Fiji, 2003: A Brief Review of Provisions in the Act; The Impact on the Family (with Emphasis on Women? s Access to Justice) (LLM thesis, University of the South Pacific, 2010) Again the idea of this type of service in the Family Courts is to ensure that parties are the best judges and should try to resolve the issues themselves rather than litigating. v. Arbitration Arbitration is again another means of trying to resolve disputes by means of a third party involvement.The difference between arbitration and mediation is that with the latter you always have the choice of backing out or not accepting the options being offered by the other party (spouse). In arbitration, although the arbitrator cannot grant a divorce, they do have power over how property distribution and custody and access issu es are resolved. An upside to arbitration is that parties are able to keep matters out of court and private and it is also more cost effective. The downside is that for jurisdictions that offer arbitration processes in family law the order made by the arbitrator is not binding until registered in court.See for example, the Family Law Act of Australia. Conclusion Arbitration should be advanced as a desirable alternative to litigation. A revision of the family legislation in countries of the South Pacific is necessary at this time in light of the ever-increasing use of arbitration and the developments of the law in this area. Alternative dispute resolution is being used in other areas of law as a means of resolving disputes without litigating and so it begs the question, why is the family law being left behind? . Conc lus ion There are various models of divorce law evident in the USP region which can provide comparisons for reformers. Tuvalu, Kiribati, Nauru and Tuvalu have partial no fault systems and the remainder are largely fault based. Some, however, have retained the concept of matrimonial fault whilst allowing divorce after a relatively short period of separation. Those laws which focus on â€Å"fault† do so because this was the approach of colonial law prior to independence.This has also led, in two countries, to the application of different matrimonial laws to people in the same jurisdiction on the basis of race rather than relying on the domicile or residence of the petitioners. The legislation also reflects a time and culture when the roles of men and women were largely unquestioned and family life was designed for the procreation of children, the passing of inheritance to ones offspring and the restriction of sexual activity to the parties of the marriage exclusively. This is reflected most dramatically in some of the ‘failure to maintain’ grounds.In Samoa, alcoholic husbands must be sure to financially support their wives or face the possibility of divorce while alcoholic wives must determine the nature of their domestic duties and carry them out without neglect. Niue and the Cook Islands alert husbands to the possibility of wives being artificially inseminated with semen which is not theirs, whilst husbands in the Cook Islands and Vanuatu may opt out of a marriage if their wives, at the time of marriage and without their knowledge, were pregnant by a person other than themselves. Wives in the Cook Islands also have redress if their husband has fathered a