Final Essay Example | Topics and Well Written Essays - 1000 words - 3

Final - Essay Example By not delivering the coffee as stipulated in the contract, Java Distributors has made a material breach of the contract. A material breach of contract comes into effect when a party to a contract substantially and unjustifiably fails to meet their contractual obligation(s). Although Green Coffee can take Java Distributors to court, it is advisable that it pursues a different path of dispute resolution especially considering that it will have to incur a lot of expenses in legal fees and yet it will receive a little compensation in case it wins the case in a court of law. As earlier noted, Green Coffee can pursue an alternative avenue in resolving the dispute at hand, other than going to court. It may engage negotiation, arbitration, and mediation, all of which are less costly and which are known to be faster than litigation. One case in point that involved a material breach of contract is Miller v. Mills Constitutional, Inc. In this case, the district court held that Mills had breach ed the contract by failing to deliver the materials that it had agreed to deliver as stipulated in the contract. In the case of Miller versus Mills, the case rightly ended up in court considering the amount of money involved. This case is quite similar to the case involving Green Coffee and Java Distributors. By failing to deliver the coffee, Java Distributors caused Green Coffee losses. Green Coffee was not able to serve customers and therefore lost business on that day. This being the case, Green Coffee should receive compensation from Java Distributors that equals the amount the Green Coffee normally makes on a Monday, tips included. The best thing for Green Coffee to do is to invoke a dispute resolution method that is less expensive. Since Java Distributors may be unresponsive to a negotiation, the organization would best apply mediation or arbitration to resolve the dispute. If mediation as a process is chosen as a way of resting the case, both parties will have to choose a neu tral party who will suggest ways for resolving the dispute and facilitate communication. Normally, a mediator is knowledgeable in the matters of law. In some cases, mediation may lead to litigation. By opting for arbitration, the parties rely on a neutral party (the arbitrator) who is not necessarily knowledgeable in legal issues. The arbitrator listens to both parties before making a legally binding decision which can be subject to appeal at the district court. Considering the situation, Green Coffee would better go for arbitration and avoid going to court as much as possible. Part B The location of the coffee shop, the environment, the clientele, and the prices of the products on offer determine the kind of table that is suitable. If the coffee shop is located in an upmarket area in Boston visited by high class clients and serves as a place where people meet, then tables with stained glass tops are suitable for purchase. On the other hand, if the shop targets middle class and low class clients and is located in a downscale location, stainless steel tops would be suitable. Whichever the choice between the two, a contact will have to come into effect. The contract will include an offer, consideration and acceptance so as to be valid. When a stained top glass is chosen especially, a warranty should be granted so that in case of any damages, there can be a replacement. Part C The three new workers signed a written contract. However,

Small-Business Opportunities with the Navy Assignment

Small-Business Opportunities with the Navy - Assignment Example By statute, the Navy is required to implement some basic small business programs. The government provides opportunities in acquisitions to small businesses including the chance to participate in subcontracts and prime contracts. The following are the steps for acquiring the contract The Company will aim to be satisfied as a small business. It is primarily because the government retains a certain percentage of its contracts for small business holders and vendors (Contractor reference guide, 2014). Our company will identify a need that is yet to be in the Navy. Through our observation, there is a niche in the floor refinishing sector. It is especially because our product is, and therefore we are the only ones who can provide this service (Contractor reference guide, 2014). The Company then sends procurement letter to the Navy small business specialist who will advise us on the contract acquisition process. We will also market our product to the small business advisor so as he or she can consider us in the contracting process. The company will lay out the services it offers and then offer a price for which it is willing to work. Smart pay is such a website and serves to as a link between over 350 federal agencies. All this agencies will locate vendors and business through this online service (Contractor reference guide, 2014). Electronic contracting services offer a platform on which vendors can acquire contracts. They are also necessary for business such as the Navy since advertisement of their contracts may be done on these online platforms. Smart pay services offer charge cards to agencies throughout the United States government through master contracts with major national banks such as JP Morgan and Citibank. The charge cards are for contracting services where businesses and vendors are paid through the relevant banks. The advantage of smart pay is that

Porous Silicon p-type with Different Current Density

Porous Silicon p-type with Different Current Density Photoluminescence and Band Energy Gap For Porous Silicon p-type with Different Current Density  and Different Etching Time 1Mohammed Jabbar Hussein, *1W. Mahmood Mat Yunus, 2Halimah Mohamed Kamari 3Josephine Liew Ying Chyl, Abstract Photoluminescence (PL) for porous silicon lead to studied by many researcher .this phenomenon which has application in many devices. Porous silicon can be used in the optoelectronic devices and sensor. Therefore, the study to development porous silicon is very necessary,. In this study, porous silicon was prepared by chemical etching used silicon , the based electrolyte was ued HF acid with ethanol 1:1 . The porous silicon was characterized by Photoluminescence Spectrometer (PLS) and (SEM) Microscope. The range of the porosity (20.33 – 78.2) % and it is dependent on current density and etching time. The has Band gap energy which is from 1.81 ev to 2.o7 ev , the band gap energy is increased with increasing current density and increasing etching time Introduction Since the discovery of visible luminescence in the room temperature [1–5], porous silicon (PS) has become a subject of considerable interest, optoelectronic device [6,7]. many several methods [8–10] for fabricating PS from crystalline silicon wafers. The electrochemical etching [1,8]. Both method is the difference between them the chemical etching without using the external bias, therefore, considered this method the localized electrochemical process chemically [11]. Porous silicon was discovered in 1956 by Uhlir ( Uhlir 1956) while performing electro polishing experiments ,hydrofluoric acid (HF) was prepared in to silicon wafer by electrolyte containing . He found that under the appropriate conditions applied current and solution composition , the silicon did not dissolve uniformly but instead fine holes were produced, porous silicon formation was obtained using electrochemical dissolution of silicon wafer in aqueous or ethanoic HF solution The size dependency of the PL energy , which explains the efficient luminescence , causes the peaks to sift towards the higher energy or lower wavelength , as already reported [12,13] ,the red shift in PL peaks with decreasing average size of Si structure size in psi is considered to be strong evidence that the visible PL is caused by the quantum confinement effect [14] . The degree of the blue shift for psi usually depends preparation condition , Si resistivity , substrate ,type and dopant concentration , which can cause different modification of psi microstructure during anodisation [15] The values of the band gap energy of the porous silicon are the same range of the reported ( 1.5ev to 2.5 ev) [16.;17,18] In this work , porous silicon p-type was prepared by electrochemical etching technique and photoluminescence PL spectroscopy was used to determine the wavelength the emitted light . Preparation porous silicon All samples were prepared on (100) n- type silicon (Si) single crystal wafers of 537 thickness. Silicon substrates were cleaned by sonification for 5min in ethanol, and acetone. A Si substrate was placed at the bottom of a cylindrical Teflon cell and fixed by an aluminium plate as a backing material. A platinum (Pt) rod serves as a cathode perpendicular to the Si surface at a distance of (1cm). The samples were prepared with constant current, density, and etching time at a concentration of ethanol ( in the volume ratio of 1:1. Theaside is an essential ingredient for the anodical etching of . Ethanol was added into electrolyte to enhance the homogeneity and uniformity of the () surface because it acts as a promoting agent to increase the wettability of () surface and to remove the extraneous H2 bubbles that appear during the anodical etching process. In fact, ethanic solutions infiltrate the pores, while purely aqueous HF solution does not. This is very important for the lateral hom ogeneity and the uniformity in depth of the () layer. A digital current source () was used to supply constant current. Figure (1) shows the schematic diagram of all the elements used for the preparation of (). To generate the electron hole pairs, the surface of sample was illuminated with halogen lamp () during iodisation. For all samples, a voltage of was applied to the halogen lamp for illumination. The current densities used for samples are 10 mA/cm2, 20 mA/cm2, and 30 mA/cm2 with etching times of 20mins, 40mins, 60mins, and 80mins. HF based electrolyte Pt electrode Teflon cell Si wafer Current source AL plate Figure 1: Schematic of electrochemical etching cell for iodisation of () samples Figure (2):porous silicon (). a without light .b)with light .c) after remove the porous . Figure(3) : SEM images of PSi a) silicon wafer as scale 1m, b)-porous silicon (). as scale. c) porous silicon as scale 500 nm .d) porous silicon as scale . Results and discussion The optical properties of psi samples electrochemically etched at three different current density and by varying etching time. Figures (4- a,b,and c) shows the variation of PL spectra with etching time for the psi samples obtained at the current density 10 mA /cm2 , 20 mA/cm 2, and 30 mA/cm2. The intense luminescence spectra emitted from porous silicon structures formed on the samples. The pl peaks show a steady red color shift from 500 nm to 800 nm with increasing the etching time . , Figures (4-a,b,c) PL peaks for porous silicon samples prepared under differnet etching time with the current density a) 10 ma/cm2 ,b)20 mA/cm2 ,c)30 mA/cm2. respectively The Figure (5) show the PL spectra of samples prepared by current density of 10, 20 and 30 , respectively ..The band gap energy () was inferred from (PL) wavelength (ÃŽ ») using (. the relationship between band energy gap with the current density and etching time is increased the band energy gap when the current density and etching time increasing [19] . Figure (5-a,b) show the energy gap () variation of psi samples as a function of etching time and current density , respectively Figures (5-a,b) Band energy gap as a function to a) etching time with different current density ,b) currents density with the different etching time . Respectively Figure (6) show the band energy gap versus the porosity for three different current density of the samples and deferent etching time. The band gap energy value is not linearly increased with increasing porosity because the change in the structure size of the silicon. The results show the dependency of the band gab energy value to the current density especially in high porosity [16] Figure (6) .band gap energy as a function to porosity with different current density. Table (1) .the values of porosity, band gap energy, and PL peaks intensity for porous silicon with different current density and different etching time Table (1) shows that the band gap energy increases from ( 1.82 ,1.90,194,and 1.97 ) ev to (1.86,1.91,196,and 2,01) in etching time (20,40,60,and 80 )min respectively when the current density increasing from 10 to 20 ,also the increases the band energy gap from ( 1.86,1.93,196,and 2,01) ev to ( 1.93,1.97,2.01 ,and 2.07 ) in the etching time20,40,60,and 80 )min respectively when the current density increasing from 20 to 30. The results show an increase the band energy gap when the etching time increasing. That mean the band energy gap depended of the current density and etching time . the results shown the band gap energy is increased with etching time , it is increase from (1.82,1.86,and 1.93 ) ev to (1.90 , 1.93 , and 1.97 ) ev in the current density (10,20,and 30) mA/cm2 respectively when the etching time increasing from 20 min to 40 min . as well to another etching time from 40 min to 60 min and from 60 min to 80min . Conclusion. In summary. The results show for the effects the etching time and current density to the band energy gap and the porosity. In this experimental the band energy gap is increased with increasing the current density the band gap energy increases from ( 1.81 ,1.88,194,and 1.99 ) ev to (1.86,1.91,196,and 2,01) in etching time (20,40,60,and 80 )min respectively when the current density increasing from 10 to 20 , . as well to another current density ,also the band energy gab is increased from (1.81,1.86,and 1.93 )ev to (1.88 , 1.91 , and 1.97 ) ev in the current density (10,20,and 30) mA/cm2 respectively when the etching time increasing from 20 min to 40 min . as well to another etching time . Acknowledgment The authors would like to thank Physics Department in the University Putra Malaysia for providing the research fealties. References [1]Canham, L.. (1990). Silicon quantum wire †¦Ã¢â‚¬ ¦Applied Physics Letters,57(10), 1046-1048. [2]Lehmann, V., Gà ¶sele, U. (1991). Porous silicon formation: A quantum wire effect.Applied Physics Letters,58(8), 856-858. [3] Searson, P. C., Macaulay, J. M., Ross, F. M. (1992). Pore morphology and the mechanism †¦Journal of applied physics,72(1), 253-258. [4] Hummel, R. E., Morrone, A., Ludwig, M., Chang, S. S. (1993). On the origin of photoluminescence †¦Applied physics letters,63(20), 2771-2773. [5] Calderà ³n, A., Alvarado-Gil, J. J., Gurevich, Y. ., Cruz-Orea, A., Delgadillo, Vargas, ., Miranda, L. (1997). Photo-thermal characterization †¦.Physical Review Letters,79(25), 5022. [6] Joubert, P., Abouliatim, A., Guyader, P., Briand, D., Lambert, B., Guendouz, M. (1995). Growth and luminescence of n-†¦. Films,255(1), 96-98. [7Lockwood, D. J. (1994). Optical properties of porous silicon.Solid State Communications,92(1), 101-112. [8] Beale, M. I. J., Benjamin, J. D., Uren, M. J., Chew, N. G., Cullis, A. G. (1985). An experimental and †¦Ã¢â‚¬ ¦ porous silicon.Journal of Crystal Growth,73(3), 622-636. [9] Hummel, R. E., Chang, S. S. (1992). Novel technique †¦Applied physics letters,61(16), 1965-1967. [10]Maeda, Y., Tsukamoto, N., Yazawa, Y., Kanemitsu, Y., Masumoto, Y. (1991). Visible photoluminescence †¦ matrices.Applied physics letters,59(24), 3168-3170.). [11]Lemus, R.G., Rodriguez, C.H., Hander, F.B. and Duart, J.M.M. 2002. Anodic and optical characterisation †¦Ã¢â‚¬ ¦. Solar Energy Materials Solar Cell 72:495-501 [12] Bisi, O., Ossicini, S., Pavesi, L. (2000). Porous silicon: a quantum †¦Ã¢â‚¬ ¦Surface science reports,38(1), 1-126. [13] Nguyen, T. P., Le Rendu, P., Tran, V. H., Parkhutik, V., Esteve, R. F. (2000). Electrical and optical †¦Ã¢â‚¬ ¦. silicon structures.Journal of Porous Materials,7(1-3), 393-396. [14] Hirschman, K. D., Tsybeskov, L., Duttagupta, S. P., Fauchet, P. M. (1996). Silicon-based visible light†¦..microelectronic circuits. [15] Bernini, U., Lettieri, Maddalena, P., Vitiello., Francia. (2001). Evaluation of the thermal conductivity of porous †¦Journal of Physics: Condensed Matter,13(5), 1141. [16] Rajabi, M., Dariani, R. S. (2009). â€Å"Current improvement †¦Ã¢â‚¬ ¦Ã¢â‚¬ Journal of Porous Materials,16(5), 513-519. [17] Sheng, C. K., Mahmood Mat Yunus, W., Yunus, W. M. Z. W., Abidin Talib, Z., Kassim, A. (2008). Characterization of thermal†¦Ã¢â‚¬ ¦. B: Condensed Matter,403(17), 2634-2638. [18] Srinivasan, R., Jayachandran, M., Ramachandran, K. (2007). Photoacoustic studies †¦Ã¢â‚¬ ¦..Crystal Research and Technology,42(3), 266-274. [19]Ee, D. T. J., Sheng, C. K., Isa, M. I. N. (2011). Photoluminescence of porous †¦Ã¢â‚¬ ¦..Malaysian Journal of Analytical Sciences,15(2), 227-231.

Accounting Article Analysis :: Business Accounting Ethics

Accounting Article Analysis One of the foremost problems facing the accounting profession today is the loss of respect that faces accountants in light of recent accounting scandals. In order to regain lost respect in the accounting profession an accountant must have integrity and ethics that are above and beyond the norm. This fact is true whether the accountant works for a business entity or for a government entity. In either situation the accountant is responsible for remaining steadfast, not only in professional behavior, but in personal behavior as well. In recent years, accountants have come under fire by the general public for unethical decisions, a reputation that, although only a few individual accountants were guilty, the entire profession was found guilty of, in the court of public opinion. Now, the accounting profession must be far more diligent in governing themselves, and in assuring those dependent upon their decisions, that they are above reproach. This is especially true of those accountan ts responsible for government funds, which can be scrutinized by the public. The public seem to have set more rigorous standards than business investors, of what is proper use of the funds available. They will not tolerate waste or misappropriation of funds and demand complete accountability. Accountants must stand ready, willing, and able to answer any and all questions that may be put forth, and be able to prove that the decisions that have been made were correct and proper. This includes not only following the letter of the law, but avoiding any decisions that, while being legal, would not be totally ethical and above board. An accountant is trusted with confidential information which must remain confidential, unless it has led or could possibly lead to illegal activity, in which case, of course, the information, must be reported immediately to the proper authority.

Meaning of Arbitration

Courts are over bounded with a large number of cases and their disposal takes long time. Therefore a need was felt for a faster dispute resolving mechanism. That’s why â€Å"Arbitration Act† was provided with a view to give speedy justice to the people and also to avoid unnecessary court case expenses. It is an informal dispute settlement mechanism. Bangladesh has recently enacted a new arbitration law, known as â€Å"The Arbitration Act, 2001. The Act came into force on April 10, 2001. The Act has repealed The Arbitration (Protocol and Convention) Act, 1937 and The Arbitration Act, 1940. With this new enactment Bangladesh has kept pace with the recent trends in the field of international arbitration in the rest of the world. According to the topic of this assignment, I also agree that although arbitration was introduced for settling dispute but it is not serving it purpose entirely and precisely. Now I’m going to discuss about the reasons which are making difficulty for arbitration to serve its purpose completely. Meaning of Arbitration: Before discussing about the ineffectuality’s of arbitration, first we should briefly know what Arbitration really means. The word â€Å"Arbitration† means mediation, negotiation, adjudication etc. This means settlement of arguments, disagreement, and clash between two parties. It is a process in which a disagreement between two or more parties is resolved by impartial individuals, called arbitrators, in order to avoid costly and lengthy court case or legal actions. Arbitration is the most traditional form of dispute resolution. Arbitration is a binding procedure. It is often administered by a private organization that maintains lists of available arbitrators and provides rules under which the arbitration will be conducted. Such organizations can also manage the arbitration in whole or in part. Parties often select arbitrators on the basis of substantive expertise. Arbitration is adjudicatory, as opposed to advisory, because of the fact that the arbitrator (usually a retired judge or attorney) renders a decision at the end of an arbitration hearing, and that decision is final and binding, subject only to a very limited court review. Arbitration is sometimes referred to as â€Å"non-binding† if the parties agree to make it so, but that is really a misnomer. Think of arbitration as a binding, adjudicatory process. Arbitration is a process of resolving a dispute or a grievance outside a court system by presenting it for decision to a neutral third party. Both sides in the dispute usually must agree in advance to the choice of arbitrator and certify that they will agree to the arbitrator's decision. The Arbitration procedures differ from the procedures of courts, especially presentation of evidence. Arbitration avoids costly litigation and offers a relatively speedy resolution as well as privacy for the disputants. The main disadvantage is that setting guidelines is difficult therefore the outcome is often less predictable than a court decision. The reasons for selecting Arbitration rather than Court: * Speedier resolution; however, there can be exceptions due to multiple parties, arbitrators, lawyers and litigation strategy. * Less costly; however, there can be exceptions due to multiple parties, lawyers, arbitrators and litigation strategy. Not a public hearing; there is no public record of the proceedings. Confidentiality is required of the arbitrator and by agreement the whole dispute and the resolution of it can be subject to confidentiality imposed on the parties, their experts and attorneys by so providing in the arbitration agreement. * From defense point of view, there is less exposure to punitive damages and run away juries. * Limited discovery because it is controlled by what the parties have agreed upon and it is all controlled by the arbitrator. Often, the arbitration process is less adversarial than litigation which helps to maintain business relationships between the parties. * The arbitration is more informal than litigation. * The finality of the arbitration award and the fact that normally there is no right of appeal to the courts to change the award. So after the discussion we can say that, arbitration is a dispute resolution processes in which the disputing parties present their case to a third party intermediary (or a panel of arbitrators) that examine all the evidence and then make a decision for the parties. This decision is usually binding. Like court-based adjudication, arbitration is adversarial. The presentations are made to prove one side right, the other wrong. Thus the parties assume they are working against each other, not cooperatively. Arbitration is generally not as formal as court adjudication, however, and the rules can be altered to some extent to meet the parties’ needs. Why arbitration as dispute settlement mechanism is not effective: Now let’s discuss the about the chapters of arbitration which are making Arbitration less effective. Although settling dispute through arbitration is one of the most traditionally approved to methods for resolving disputes between individuals and parties, there are some lacking. Some disputes may not prove best resolved through arbitration either. Arbitration, itself, is a process of two parties mutually agreeing to allow a third, impartial party make a decision regarding an outstanding dispute. The decisions from an arbitrator are legally binding, and are enforceable in the court of law per the Arbitration Act, as well as numerous state and local laws following the federal legislation. Unless in cases of corruption, fraud, or other circumstances that would affect an arbitrator’s ability to remain neutral, almost all arbitration rulings are final. Additionally, the courts may rule against the decision and rulings of an arbitrator if the decision is against one party without basis. Arbitration also leaves no room for an appeals process in the vast majority of instances. This is a risk parties and individuals should seriously assess prior to engaging in arbitration, as well as when considering the methods for resolving their disputes. Following are some limitation which makes arbitration less effective: * There is no right of appeal even if the arbitrator makes a mistake of fact or law. However, there are some limitations on that rule, the exact limitations are difficult to define, except in general terms, and are fact driven. * There is no right of discovery unless the arbitration agreement so provides or the parties stipulate to allow discovery or the arbitrator permits discovery. * The arbitration process may not be fast and it may not be inexpensive, particularly when there is a panel of arbitrators. An arbitration award cannot be the basis of a claim for malicious prosecution. * Except in certain circumstances, non-signatories of the arbitration agreement cannot be compelled to arbitrate. * The large cost of legal fees in litigating a dispute. * The ability of parties to appeal to a higher court after losing at the trial court level and the lack of finality. * The fact that neither the jury or the judge may not have any knowledge nor experience with the subject matter of the dispute between the parties which results in the parties having to educate the judge as to the law and custom and practice. The ability to appeal to higher court adverse rulings on procedural. * Unknown bias and competency of the arbitrator unless the arbitration agreement set up the qualifications or the organization that administers the arbitration, has pre-qualified the arbitrator. Also, in the arbitration process, there is a limited period of discovery, which can lead to surprise evidence or testimony occurring during an arbitration process, which a party may or may not be able to effectively refute at the time of their arbitration hearing. Likewise, there is no jury to decide the outcome of a dispute, but rather, the decision rests solely in the hands of the arbitrators, whom usually consist of one individual or a panel of three persons, that may or may not be able to remain entirely impartial during all proceedings regarding all matters. Why â€Å"Arbitration Act 2001† is not fully serving according to its purpose? Arbitration in Bangladesh is governed by the Arbitration Act 2001. This Act repealed both the Arbitration (Protocol and Convention) Act 1937 and the Arbitration Act of 1940 and consolidates the domestic and international arbitration regime in Bangladesh. In mid-2004, the Bangladesh Council of Arbitration (BCA) was established as an arbitral body. The BCA rules have not yet been finalized. Arbitration in Bangladesh is governed by the Arbitration Act 2001. This is based on the UNCITRAL model law. Here are some reason for which Arbitration Act 2001 is failing to serve the purpose for which it was enacted: * There are difficulties in enforcing arbitration awards in Bangladesh. The difficulty is greater if it is a foreign party seeking to enforce an award against a local party. Where the arbitration is convened abroad, there have been instances where the Bangladeshi courts have allowed legal proceedings which interfered with the issues raised in the foreign arbitration. The Act provides that an international arbitral award can be enforced as if it were a decree of the domestic court. * Arbitration varies on the subject matters that mean weather parties will go for arbitration or not it depends on the context of arbitration contract. That contract has to be a written contract. Moreover, only those disputes on which parties has agreed previously will be considered as arbitration context. So, if someone wants to add another context which is far more important as well can’t do it as it was not mentioned before. * In case of cost it also may be huge sometimes. Although it is considered that parties goes for arbitration for lowering the cost of court case still some arbitrator may ask for big amount of money from the parties. So fee of the arbitrator is both expensive and inexpensive. As for the parties who does not want to give huge amount of money faces difficulties for going for arbitration. Generally, costs are not awarded to the winning party, although there is no law preventing the tribunal from doing so. * Thus, according to the new Bangladesh Act, a party to international commercial arbitration has to qualify as: (i) an individual who is a national of, or habitually resident in, any country other than Bangladesh; (ii) A body corporate which is incorporated in any country other than Bangladesh; (iii) A company or an association or a body of individuals whose central management and control is exercised in any country other than Bangladesh; or (iv) The government of a foreign country. This means that a commercial dispute between two Bangladeshi nationals having places of business even in different States cannot be considered the subject matter of international commercial arbitration under the new Act, which would be otherwise possible under the Model Law * In section 3 of Arbitration Act 2001, it says that this act will be only applied if the place of arbitration is in Bangladesh. * The Arbitration Act does not make provision for confidentiality in arbitration proceedings. If this is important to the parties then this should be dealt with in the arbitration clause. They are bound to maintain confidentiality. But they don’t maintain it properly. * There are no available institutional rules specific to Bangladesh. Parties are free to agree on the rules to govern the arbitration. In the absence of an agreement, and where the rules selected by the parties do not cover a particular circumstance, the Act sets certain default rules. * Under the Act, no judicial authority (including the courts) is allowed to hear any legal proceedings commenced by any of the parties to an arbitration agreement. However, section 7A of the Act contains an exception to this general rule. Under section 7A, the High Court Division, before or during arbitration may, inter alia, take interim protective measures in respect of goods or property included in arbitration agreement. * Under the Act, the only grounds for challenge are if: (i) circumstances exist that give rise to justifiable doubts as to their independence and impartiality (ii) The arbitrator does not possess the qualifications agreed by the parties. Where international commercial arbitration is concerned, a challenge against an arbitrator must first be made to the arbitral tribunal. An appeal against the decision of the tribunal goes to the High Court Division of the Supreme Court. The procedure for challenge may be modified by agreement. * As in court-based adjudication, arbitration outcomes are typically win-lose, not win-win. Thus, the arbitrator usually decides that one side was right and the other wrong. They do not often go out of their way to develop new approaches for meeting the interests of both sides simultaneously, as a mediator would do, though if a win-win solution is apparent, the arbitrator would probably recommend it. Conclusion and recommendation: The prior examination of the new Bangladesh Act, 2001 from a comparative perspective shows that the Bangladesh legal regime has embraced the fundamental tenets of modernization of international arbitration such as (i) party autonomy; (ii) minimal judicial intervention in arbitration; (iii) independence of the arbitral tribunal; (iv) fair, expeditious and economical resolution of disputes and (v) effective enforcement of arbitral awards. This modernization has also been brought about in the context of domestic arbitration. As the new Act is now about ten years old, it will be more mature to express any judgment on its efficacy as an arbitral legal regime and the impact it will have in the future for Bangladesh as a place for settlement of international commercial and investment disputes by arbitration. Certainly, Bangladesh, being a prospective destination for increasing foreign investment in the future, has made a positive step in the right direction by enacting the new law on arbitration. No doubt, there is still room for improvement in the Act itself as indicated above. It must be appreciated that in order to make Bangladesh an attractive place for much-needed foreign investment, for economic growth and development, and for alternative dispute resolution. Bangladesh needs more than a mere piece of legislation on arbitration at the present time. The Government and the judiciary, as well as the legal profession, must take initiatives and make constant efforts towards the development of legal infrastructure and institution building in the field of alternative dispute resolution, including arbitration. In this respect the following tentative suggestions may be worth considering: * When interpreting the new Act Bangladesh courts should not be detracted from the spirit of modernization of arbitration as a global phenomenon. * The members of the judiciary as well as the legal profession must appreciate the reality that in this era of globalization dispute settlement by alternative methods is not only a domestic matter, but also an increasingly growing international phenomenon in the context of cross-border transactions. They have to be open to absorbing international values, norms and principles while performing their professional functions in the field of international dispute settlement. * The need to create a specialist arbitration bench in the High Court Division may arise for the purpose of dealing with international arbitration matters more effectively and professionally. * Specialist bench may be constituted by appointing a certain number of judges in the High Court Division with the appropriate expertise and background in the field of arbitration. The Government, the Bar and the Bench must attend to the development of the culture of arbitration in Bangladesh. Judges and lawyers must be aware of the value of alternative dispute resolution when the courts are heavily overburdened with caseloads. They must actively promote arbitration. * The Government and professional organizations should promote arbitration and ADR and enhance the understanding of them by sponsoring and conducting educational and training programs for both the bar and the bench and for arbitration.

BUS ETHICS

The concept of a soft drink has evolved significantly over the past few decades. Over a period of time, the industry' has broadened by offering more of a variety to its consumers. With health issues on the rise, the industry has made healthier beverages available to consumers. The soda industry consists of many beverage companies, but the industry/s giants are Coca Cola, Pepsi, and Actuary Speeches. The soda industry is represented by the American Beverage Association, and many franchise companies are now members of this Association. Some companies assist and provide funding for scientific initiatives.The American Beverage Association and its companies are unified in wanting to take a leadership role in obesity/nutrition issues (Koshering, 2005). The Center for Science and Public Interest says that teenagers are consuming more high calorie drinks than ever, and fewer diet drinks than in years past, despite growing concerns about obesity (Affairs, 2005). The ASPI and other groups have sought to limit the sale of soft drinks in schools as part of a larger effort to combat the growing problems of childhood obesity and related health issues.Despite all, it is not feasible to blame one food product r beverage as sole contributor to any health issue. Consumers are at liberty to choose for themselves. The soda industry assumes responsibility by educating its consumers on the sugar content in all beverages. In addition, soda companies offer many alternatives to consumers. â€Å"Obesity and other issues are bigger issues in the states than in Washington, and they are tougher to fight in the states because you are dealing with 50 legislatures and maybe 100,000 school boards† (Finniest, 2005, p. 0). About one in every four people aged 18 to 34 drink one or more sodas per day, compared to people 55 or older (Mendel, 2014). It is the responsibility of parents with underage children to monitor their children's soda intake since most soft drinks are high in sugar. The negative effects that will occur when soft drinks are abused are inevitable. Most people are aware that too many sugary drinks can negatively affect their health; however, they continue to over-drink due to lack of concern, flavor, and easy accessibility.Although sugary drinks are the major contributor to the obesity epidemic, and our nation spends $1 90 billion a year treating obesity-related health issues, consumers are still downing soft drinks. Is it the industry negligent if consumers are over drinking? Absolutely not! The industry is not responsible for the amounts of sodas consumers drink; the consumers are! Many people believe that the soda industry is more concerned with its profit than its consumers. All businesses strive to gain profit and target markets where sales will be higher through advertising and marketing; however, consumers are important.Coca Cola is one of the giants in the soda industry. In 2013 Coke launched an anti-obesity advertisement recognizing the sweet ened soda and many other food and drinks that contributed to the obesity epidemic. They then advertised their wide array of calorie-free beverages to encourage consumers to take responsibility for their own drink choices and weight (Chance, 2009). I advocate for the industry because of its continuous effort to gear towards the needs of consumers. The soda industry is constantly satisfying their responsibility by educating the public about the dangers of compulsive consumption of sugary drinks.Sugary drinks combine with caffeine should heighten the awareness of the public and spark consumer attention to its health risk. Explain the Role Capitalism Plays in Corporate Decision Making Capitalism souses on profits driven by sales of products and services to willing consumers. Senior corporate executives generally have authority over the promotion of public goods and are under government control. It is also customary that the distinction be made between public and private sectors. In this industry, capitalism motivates and encourages stronger competition.Competition stimulates the economy, and it encourages productivity. Beverage companies compete through marketing strategies. For example, Coca Cola has an edge on PepsiCo because of its connection with people. Coca Cola conducts a market research study every three years across 55 cities. This market research was constructed around understanding human motivation. For example, human motivation is important to Coca Cola, that same motivation stimulate feelings of belonging, and the desire of affiliation (Saurian, 2013).When making corporate decisions, executives rely on human desire; therefore, the market is limited by what people desire. Capitalism embraces human desires, and corporate decision making play an important role in shaping the collective life of society as a whole. Capitalism plays many oleos; it allows business to sell their products or services at whatever the market accepts. Under the role of capitalism , people are able to work at jobs they so desire. It is in the interest of corporations that an increasingly greater proportion of people have the ability to enjoy the good life (Journeyman, 1993).Discuss if you Believe it is Possible for a Company to Cater to Both its Best Interest and the Consumers Conjointly or if one has to Prevail. When we focus on the success of any business, the first element considered is their customer base. Without loyal customers, the business merely exists ND will soon fail. Often times many employees working for companies forget that customers want to be loyal, it makes them feel good to belong; however, companies forget that loyalty is a two way street.Customers are the meat to any successful business and it is the responsibility of the business to cater to their customers. Maximizing customer satisfaction makes an important contribution to maximizing profits; however, the company is still faced with other factors such as; cost control, marketing, and productivity. These key factors can impact a business's bottom line. When customers are testified there is an opportunity to increase the repeat of sales. When customers are satisfied they tell other customers and in return, businesses profit.

Social Divide between the Rich and the Poor in GustaveFlauberts Madame Bovary essays

Social Divide between the Rich and the Poor in GustaveFlaubert's Madame Bovary essays Throughout history, literature has become an effective medium that reflects and illustrates social events and experiences of a particular period. Furthermore, literary works provide a subjective interpretation of experiences that the author/writer has that are also significant in studying the kind of society and people that lived in a particular period. Gustave Flaubert's "Madame Bovary" provides these functions in a literary piece; his depiction of life of Western society during the 19th century mirrors the rigidly conservative and intolerant nature of the people against individuals who are perceived to be outcasts' or non-conformists among people who follow strict norms within their society. In the novel, Flaubert centers on Madame Bovary, who, after witnessing the elegance and high status of the rich and elite class of the society, aspired for a life similar to theirs. In the process, Madame Bovary wasted her life committing mistakes, like committing adultery, just so she would have the wealth she have always dreamed of. Throughout the novel, Flaubert focused on illustrating to his audience the highly critical society that the Bovary couple lived in; why, in the course of the novel, they became victims of the illusion that wealth will come their way eventually (especially Madame Bovary). This paper discusses, through a character analysis of Charles and Emma Bovary and a study of their life as a couple, how the great social divide between the rich and the poor has led to the tragic end of Emma Bovary's life. The analysis and discussion centers on Part I of the novel, where Flaubert shows the transition of Emma Bovary's character from being a simple village girl to being a desperate social climber' and eventually, Chapter 1 of the novel gives the audience background information about Charles Bovary's childhood and the blatant discrimination that he ex...

Logic and Perception Essay

Logic and Perception Essay Free Online Research Papers What is the nature of logic and perception? The first step is to discover the meaning of logic and perception to understand nature and how it relates to critical thinking. According to Dictionary.com Unabridged, the meaning of logic is â€Å"the system or principles of reasoning applicable to any branch of knowledge or study (2006).† According to The American Heritage Dictionary, the meaning of perception is â€Å"insight, intuition, or knowledge gained by perceiving (2006).† Continuing on is my experience with how my perception of a real situation was far from the actual reality, what I thought was going on, what was truly going on, why there was a difference, what I learned, and how my critical thinking process changed. From what I have experienced in pregnancy was far from the actual reality that I perceived. I have been with my boyfriend, Dean, for almost eight years now and our relationship has been one hell of a ride. Dean already has a 10-year-old daughter from his previous relationship and he would always hint to me that he wanted a son. The thought of having children freaked me out and I always wanted to get married first. All my friends have children and they are single parents, I want my children to grow up with their real mother and father as I did. Dean and I also fought a great deal and I did not think Dean and I were ready to make such a commitment. Finally, I gave in thinking maybe a baby would bring us closer and help us grow out of our immature lifestyles. July 16, 2008, was the day I found out I was pregnant and gave my boyfriend the good news, and he was ecstatic. During my first trimester, Dean was very supportive and so good to me that I could not have been happier. I had a set schedule, I would go to work Monday through Friday, come home and clean the house, cook dinner, and wait for Dean to come home from work, except Monday nights when I had to go to school. I did things I never thought I would see myself doing. Dean and I were beginning to have a normal relationship. As I fell into six months of pregnancy, things started to change. Dean began to drink almost every night with his friends, come home late if he even came home, and acted careless and grouchy towards me all the time. He did not help me get things ready for the baby, I did practically everything myself. I was beginning to think maybe he was losing interest in me because my body was changing or maybe his plan was to get me pregnant so that he could lock me down. All I knew was that I was beginning to feel depressed, emotional, and unhappy with myself. It was starting to affect my school and job performance. In December, I packed my things and moved to my parent’s house. I needed to clear my head, and I needed to talk to someone who has been through what I was going through, like my mother. She had me write down the things Dean and I would fight about and how I handled those situations. When I retaliate during arguments, I tend to yell, say stupid things, use the silent treatment, or pack my things and leave. I would overreact on little things and I would blame everything on Dean. I guess my personal perceptual block was that I needed to change. I spent so much time pointing out his mistakes that I did not realize my own. I am now eight months pregnant and Dean and I are doing much better. As soon as Dean began to notice that I was making an effort to change, I started to notice a change in him. He now takes me to all my doctor appointments, he spends more time with me, he has been very productive, and Dean and I hardly get into any arguments. I am juggling work, school, and pregnancy and I am doing just fine. Things are truly starting to come together and so is the beginning of a new life and a family. My experience with this pregnancy has made me into a much more responsible and matured adult. I am doing things I never thought I would be doing like grocery shopping, cooking dinner every night, cleaning and washing clothes, like a housewife. Before this, I was lazy, my attitude was very childish, I did not cook, I would not go home after work, and I would always pick fights with Dean. Before I became pregnant, I drank and partied with my friends every week just to avoid problems at home but little did I know, I was adding to the problems. I have learned to deal with issues differently and for the better, like talking nicely or writing letters to express my feelings instead of yelling. Taking short walks or short drives to calm down helps too instead of packing my things and disappearing all the time. Things are now clearer to me regarding the nature of logic and perception and how it relates to critical thinking. Making assumptions and judgments on situations before experiencing them is easy but going through the experiences is learning the truth. I never knew what a big impact pregnancy would have on my life until now. Having children use to be the last thing on my mind but now that I am having one, I could not be more anxious and excited. I am growing and so is my relationship that I thought would eventually end. I have also come to realize through my experience is that people should not wait for others to change; the only person they can change is themselves. Reference Logic.(n.d.). Dictionary.com Unabridged (v1.1). Retrieved February 18, 2009, from Dictionary.com website: http://dictionary.reference.com/browse/logic Perception.(n.d.). The American Heritage ® Dictionary of the English Language, Fourth Edition. Retrieved February 18, 2009, from Dictionary.com website: http://dictionary.reference.com/browse/perception Research Papers on Logic and Perception EssayThe Damnable Life of FaustYear Round SchoolingImpact of Breast CancerBooker T. Washington, W.E.B. Du Bois, Ida B. Wells-BarnettThe Old Man and the Sea EssayLife After Death Personal EssayProbation OfficersThe Broken FamilyAlternative Dispute Resolution ClauseThe Story of Beatrix Potter

Indice de aprobación de visas de turista por país

Indice de aprobacià ³n de visas de turista por paà ­s El à ºltimo aà ±o, EE.UU. emitià ³ un total de 6.740.754 visas de turista sus embajadas y consulados de todo el mundo, pero hay una gran diferencia en el porcentaje de visas que se aprueban segà ºn la nacionalidad del solicitante. En las estadà ­sticas del aà ±o fiscal 2018 de las visas de turista – tambià ©n conocidas como de placer, paseo, B2 o la conjunta B1/B2 o combinada con la BCC o de lser o de cruce. Estas à ºltimas solamente se emiten a los mexicanos que residen a lo largo de la frontera terrestre con EE.UU. Sin embargo, en estas cifras no estn incluidos los turistas que ingresaron sin Visa a EE.UU. por ser nacionales de uno los 38 paà ­ses incluidos en el Programa de Exencià ³n de Visados (VWP, por sus siglas en inglà ©s), como chilenos y espaà ±oles. Por lo tanto, las estadà ­sticas de chilenos y espaà ±oles no aplica a la totalidad de turistas de esas nacionalidades que ingresaron a EE.UU. el aà ±o pasado sino tan solo a las personas que, por cualquier razà ³n, no pueden acogerse al VWP como, por ejemplo, haber previamente estado ilegalmente en el paà ­s o desear permanecer en EE.UU. por ms de 90 dà ­as, etc. Porcentaje de visas de turista aprobadas por nacionalidad Los siguientes son los porcentajes de visas de turista aprobadas en relacià ³n al total de solicitudes,  segà ºn la nacionalidad del solicitante durante el à ºltimo aà ±o fiscal: Argentina: 98,27%Bolivia: 77,81%Chile: 88,66%Colombia: 64,89%Costa Rica: 90,09%Cuba: 49,03%Ecuador: 68,62%El Salvador: 48,51%Espaà ±a: 85,96%Guatemala: 46,38%Honduras: 39,68%Mà ©xico: 75,07%Nicaragua: 53,35%Panam: 88,29%Paraguay: 91,98%Perà º: 71,47%Repà ºblica Dominicana: 50,46%Uruguay: 95,89%Venezuela: 25,72% Estas cifras son por nacionalidad, sin que importar en quà © consulado o en quà © paà ­s solicitaron la visa. Y es que à ©sta puede solicitarse fuera del paà ­s de residencia habitual, pero en ningà ºn caso mejora la posibilidad de sacar la visa y, sin embargo, sà ­ que puede perjudicarla.  ¿Por quà © algunas nacionalidades tienen à ­ndices de negacià ³n de la visa visa ms altas que otras? La visa de turista puede ser denegada por muchas razones. Pero la ms frecuente en todo el mundo es la de no acreditar suficientemente lazos econà ³micos y/o familiares o sociales en el lugar de residencia habitual. Es decir, el oficial consular sospecha que el solicitante de la visa puede quedarse en los Estados Unidos ms tiempo del autorizado o quieren aprovechar su estadà ­a para trabajar. Este problema puede afectar en todo el mundo por igual a solicitantes jà ³venes de cualquier paà ­s que cuando fueron nià ±os nunca tuvieron una visa americana. Sin embargo, en algunos consulados en particular ese tipo de sospechas son, en general, altas para todos los solicitantes, cualquiera que sea su edad. Las razones son varias, por ejemplo, la inestabilidad polà ­tica, econà ³mica y social de un paà ­s, que se refleja en el alto à ­ndice de sus ciudadanos que en los aà ±os anteriores obtuvieron una visa de turista, viajaron a EE.UU. y se han quedado ms tiempo del autorizado. Por ejemplo, el aà ±o pasado todas las solicitudes de visa de turista de ciudadanos de Andorra, Liechtenstein, Mà ³naco y Vaticano fueron aprobadas. Son paà ­ses estables con à ­ndices bajà ­simos de violaciones migratorias por parte de sus ciudadanos. En el otro extremo se encuentran Corea del Norte y Micronesia. En el à ºltimo aà ±o fiscal EE.UU. denegà ³ todas las solicitudes de visa de turista de los ciudadanos de esos dos estados. Un caso a destacar, porque ilustra muy bien este punto, es el de Venezuela. El aà ±o pasado, fueron rechazadas el 74,28 por ciento de solicitudes de visas de turista realizadas por venezolanos en cualquier embajada o consulado de EE.UU. en todo el mundo. En otras palabras, solo una de cuatro peticiones fue aprobada. Diez aà ±os antes, en el aà ±o fiscal 2008, solamente fueron rechazadas un 25,4 por ciento de las visas de turistas solicitadas por venezolanos. Es decir, tres de cada cuatro solicitudes era aprobada.  ¿Quà © saben los consulados sobre el solicitante de una visa? Otro factor que puede influenciar en la diferencia de à ­ndices de aprobacià ³n de las visas es la mayor tendencia en algunos paà ­ses a presentar documentos falsos o realizar declaraciones exageradas, en muchos casos animados por asesorà ­as que venden servicios varios para mejorar la chance de sacar la visa. Las informaciones de los consulados varà ­an de paà ­s a paà ­s pero en general puede decirse que antes de que el solicitante de la visa se presente delante del oficial consular para la entrevista ya el personal consular ha realizado una importante labor. Siempre se verifica la identidad del solicitante en bases de datos propias del gobierno estadounidense y que tienen la misma informacià ³n que los puntos migratorios de entrada a EE.UU. Tambià ©n se verifican los datos biomà ©tricos despuà ©s de tomar huellas y fotos al solicitante. Un grupo de empleados, que pueden ser estadounidenses o locales de gran confianza, busca por cualquier anomalà ­a que pueda aparecer en la aplicacià ³n de la visa. Si algo les llama la atencià ³n, proceden a una investigacià ³n ms en profundidad. Toda esa informacià ³n se presenta al oficial consular que va a llevar a cabo la entrevista y por eso puede tomar una decisià ³n sobre aprobar o negar la visa en apenas dos minutos. Adems, à ©ste puede acceder desde su computadora a todos los expedientes que puede tener el solicitante de la visa como, por ejemplo, previas solicitudes y conocer incluso todas las anotaciones realizadas por otros oficiales consulares desde otro consulado ubicado en cualquier lugar del mundo. Con respecto a la duda de si pueden verificar la informacià ³n de los informes bancarios, no es posible pedir un estado del balance de una cuenta de un ciudadano que no es estadounidense. Sin embargo, por diversos medios sà ­ que es posible para los consulados obtener confirmacià ³n por parte de los bancos sobre si los informes presentados son real y si fueron emitidos en la fecha que consta. La presentacià ³n de documento falsos da lugar a la negacià ³n de la visa por fraude de ley y equivale a cavar uno su propia tumba ya que es un problema muy difà ­cil de solucionar. Serà ­a necesario obtener un perdà ³n o waiver, que es muy complicado obtener. Puntos Clave: visas de turista aprobadas y rechazadas en FY2018 6.740.745: nà ºmero de visas de turista B2, B1/B2 y combinacià ³n B1/B2/BCC aprobadas por los consulados de EE.UU. en todo el mundo en aà ±o fiscal 2018.China: paà ­s con ms visas de turista aprobadas, seguido de Mà ©xico y, en tercer lugar, India.0% solicitudes de visas de turista aprobadas: Corea del Norte y Micronesia.100% solicitudes de visas de turista aprobadas: Andorra, Liechtenstein, Mà ³naco, Vaticano y Sahara Occidental.Factores que influyen en diferencias de à ­ndices de aprobacià ³n: falta de estabilidad econà ³mica, polà ­tica o social de un paà ­s, altos porcentajes de nacionales de un paà ­s que se quedan en EE.UU. ms tiempo que el autorizado y altos à ­ndices de presentacià ³n de papeles fraudulentos o declaraciones falsas durante el proceso de solicitud de visa. Este no es un artà ­culo legal, es solo informativo.

Eco-Friendly Plastic Bag Research Paper Example | Topics and Well Written Essays - 1500 words

Eco-Friendly Plastic Bag - Research Paper Example It was also established that the public was aware of the negative impacts of the plastic bags and the need to use eco-friendly bags. It is important to conduct more research on eco-friendly bags and create awareness on the importance of eco-friendly plastic bags in conservation of the environment. Plastic bags are used for packaging and is made of a thin, flexible plastic film such as polyethylene, non-woven fabric or plastic textile. Around the globe, over 500 billion non-reusable plastic bags are used every year while the thin ones are littered ubiquitously. In developing countries, the plastic bags block the water movement in narrow water channels. When water collects in them they provide a place for the breeding of mosquitoes. The thin comfortable bags are a danger to the children because they can cause suffocation. When plastic bags are incinerated, the smoke could cause cancer, asthma and impotence (Khare and Deshmukh). These negative effects to the environment have led to the discouraged use of the plastic bags. To curb this problem, eco-friendly plastic bags are recommended. They are used in several countries such as the United States, United Kingdom and Australia. These eco-friendly bags hold more quantity compared to the plastic bags. They are oil derived products and offered in many stylish colors since they are made with dyes that are both color fast and are washable. In addition, the bags comply FDA regulations therefore are not harmful and cannot cause allergic reactions to the skin. They are durable. The ecofriendly bag is reusable. It is made from fabric such as thick plastic that is more durable, canvas, or woven synthetic fibers. The eco-friendly plastic bags was introduced in the United States in 1977, and were used to bag groceries in the 1980s and 1990s. They were first made of polyolefin-starch materials which did not degrade as it was claimed. Some countries enacted policies that imposed taxes on

The electric car , Practicalities and Prospects Essay

The electric car , Practicalities and Prospects - Essay Example In the context of this reality some of the states in the U.S. have passed laws requiring that a minimum percentage of sales made must be zero emission vehicles. Although the law does not explicitly mention electric car, they are the most feasible alternative as of now (Lave, 2005). Also, helping the case for electric cars are chemicals such as carbon monoxide, nitrogen oxides and volatile organic compounds are extremely hazardous to humans as well as the ecosystems they live in. Several studies have shown that the exhaust gases released by petroleum run cars are the contributor to this pollution. This pollution has no small part to play in the general increase in temperatures across the world, also called â€Å"global warming†. At this juncture the introduction of electric cars in the market is not only a good business opportunity but a better alternative for humans and their environments alike. In this respect, the prospects are quite good for electric cars in the near future, until a better technology replaces it (Newbery, 2001). On the flip side generating electricity for recharging batteries can lead to significant harm to the environment. A transition to electric cars, as made compulsory already in some parts of the world, is proven to be no more environment friendly than cars that run on low-emission petrol. Factories making lead-acid batteries would release higher levels of toxic lead. Low-toxicity batteries on the other hand are not yet suited for mass manufacture (Ochoa, 1997). The possible dangers of rechargeable batteries are illustrated in the following passage: â€Å"For vehicles that are to be mass produced in the future, lead-acid batteries are likely to be the only practical technology. Smelting and recycling the lead for these batteries will result in substantial releases of lead to the environment. Lead is a neurotoxin,

Dunkins brands strategic performance Article Example | Topics and Well Written Essays - 1000 words

Dunkins brands strategic performance - Article Example The growth rate is healthy due to lucrative returns for franchisee and surging sales in the Dunkin’ Donuts outlets in U.S. Answer: In the fourth quarter of 2013, the corporation announced an increase by 13.3% in terms of revenues to about $183.2 million. It is believed that the performance was optimistic due to rising sales of Dunkin’ Donuts same-stores which was about 3.5% and at Baskin-Robbins U.S. sales increased by 2.2%. Despite the decline in consumer spending power and harsh conditions of weather, Dunkin’ Brands appears to be doing extraordinarily satisfactorily. We are optimistic about future sales as we are expecting that our sales of Dunkin’ Donuts will increase in between 3-4% in U.S. and Baskin-Robbins in between 1-2% during the period of 2014. Moreover, dividends were also increased by 21% in the quarter which is a positive indication of our firm’s financial performance. Dunkin Brands Group Inc. is the well-known QSR Company which has more than 17,000 distribution points in more than sixty countries globally. It is recognised for being the world’s top ranked franchisors of QSR which is serving a unique range of baked goods, hot and cold coffees and ice creams. In order to effectively manage the business operations, it has four vital components classified as Dunkin’ Donuts, Baskin-Robbins, Nutrition Advisory Board and Culinary Dream Team. Since it has international operations, it is employing franchise model in global destinations. As of 2011, there are 100% franchised business models which comprise of about 10,500 restaurants of Dunkin’ Donuts and 7,000 outlets of Baskin-Robbins. For the period of 2012, Dunkin’ Brands reported sales of more than $8.8 billion generated from its franchisees. The corporation has its headquarters in Canton, Mass. Dunkin’ Brands is well-aware of the fact that the strength of a company lies in its skilled, loyal and experienced workforce and it strives to develop

The Importance of Vehicle Safety in the Contemporary Period Research Paper

The Importance of Vehicle Safety in the Contemporary Period - Research Paper Example Drunk driving is forbidden in most of the countries across the world owing to its immense potential to cause harm not only to the drunk driver but also to the other drivers and passers-by. When an individual is drunk, he/she loses the consciousness level that is required to drive prudently. Overcome with emotions and sleepiness, the individual takes sharp turns and drives at a very fast speed. Many people tend to drive after drinking thinking that they are too trained to be caught in an accident. A vast majority of the drunk drivers are quite expert at driving, but when the individual is not fully conscious, the driving skill becomes a secondary factor. What the driver primarily requires is control over the senses. A drunk driver does not even realize when he/she sped up more than necessary, and in the very moment, was caught in the accident. Wearing a seat belt seems a formality to a lot of drivers and many consider it too simple a protective measure to be efficient, though it is a fundamental necessity of driving. The seat belt is a shock absorber. It holds the driver back and keeps the head from smashing against the front mirror or the steering in the instant when the car suddenly strikes against something or is caught in an accident. Whenever a car suddenly stops, the lower part of the body stops with it while the upper part keeps moving at the same speed due to inertia. Thus, drivers that do not wear the seat belt get their heads crashed while the lower part of the body remains intact. But since the head is wounded, it means the brain is wounded. The human brain is amongst the most sensitive body organs and is of prime importance since it controls the body functions. Any damage to the brain cannot be sustained by the body. This is the reason why a vast majority of the drivers getting wounds in the head died at the sp ot. Thus, wearing a safety belt while driving is a must.  

The Worldwide Influence of Electronic Commerce Essay

The Worldwide Influence of Electronic Commerce - Essay Example Electronic commerce, EC, e-commerce or e-commerce consists primarily of the distributing, buying, selling, marketing, and servicing of products or services over electronic systems such as the Internet and other computer networks. The information technology industry might see it as an electronic business application aimed at commercial transactions. It can involve electronic funds transfer, supply chain management, e-marketing, online marketing, online transaction processing, electronic data interchange (EDI), automated inventory management systems, and automated data collection systems. It typically uses electronic communications technology such as the Internet, extranets, e-mail, e-books, databases, and mobile phones. (http://en.wikipedia.org/wiki/E-commerce) Today, it has been proved that opening a website or getting a large number of hits on them is not enough to get the real business - for example, costs and revenues are also countable and not just website hits. An E-commerce business requires special consideration. On the other hand, it is essential to remember that all the business practices that apply in general business are not normally applicable to electronic commence. E-commerce can apply to purchases made through the Web or to business-to-business activities such as inventory transfers. A customer can order items from a vendor's Web site, paying with a credit card (the customer enters account information via the computer) or with a previously established "cybercash" account. The transaction information is transmitted (usually by modem) to a financial institution for payment clearance and to the vendor for order fulfillment. Personal and account information is kept confidential through the use of "secured transactions" that use encryption technology.

Visual Depictions of Bodies in Nazi Ideology Term Paper

Visual Depictions of Bodies in Nazi Ideology - Term Paper Example The physical effects of starvation of the body include body wasting, susceptibility to disease and eventually death. Starvation physically transforms its victims. Jews were the victims of Nazis food policies. If a body is starved, it will compensate for lack of calorie intake by consuming body fat. Bodies experience rapid weight loss where even their clothing becomes too big for their bodies. One of the articles which record the effects of starvation to bodies of the Jews was Oskar Rosenfeld Ghetto diaries. However, a sign of physical transformation of ghetto inhabitants was an advertisement recorded in the chronicle stating, â€Å"Men’s Collars Taken in a barber shop at 13 Lutomierska Street†. In his Ghetto diaries, Rosenfeld further observed that in the beginning, the abdomen gets loose and eventually sags. A description of victims of starvation in the Divine Comedy as quoted by Piero Camporesi in his work Bread of Dreams similarly took note of the sagging, empty stom ach of the starving further observing how on victims of hunger, â€Å"The flesh becomes thin, and remains attached to the bones like a spider-web.† The Nazis were aware of the murderous effects of their food policies, and they allowed those policies to continue, resulting in the mass execution of the Jews in the ghettos. Nazi ideologues including Himmler, food distribution bureaucrats, regular and special police, among others all played a role in implementing the slow process of extermination of the Jewish people through man-made famine.

The Worldwide Influence of Electronic Commerce Essay

The Worldwide Influence of Electronic Commerce - Essay Example Electronic commerce, EC, e-commerce or e-commerce consists primarily of the distributing, buying, selling, marketing, and servicing of products or services over electronic systems such as the Internet and other computer networks. The information technology industry might see it as an electronic business application aimed at commercial transactions. It can involve electronic funds transfer, supply chain management, e-marketing, online marketing, online transaction processing, electronic data interchange (EDI), automated inventory management systems, and automated data collection systems. It typically uses electronic communications technology such as the Internet, extranets, e-mail, e-books, databases, and mobile phones. (http://en.wikipedia.org/wiki/E-commerce) Today, it has been proved that opening a website or getting a large number of hits on them is not enough to get the real business - for example, costs and revenues are also countable and not just website hits. An E-commerce business requires special consideration. On the other hand, it is essential to remember that all the business practices that apply in general business are not normally applicable to electronic commence. E-commerce can apply to purchases made through the Web or to business-to-business activities such as inventory transfers. A customer can order items from a vendor's Web site, paying with a credit card (the customer enters account information via the computer) or with a previously established "cybercash" account. The transaction information is transmitted (usually by modem) to a financial institution for payment clearance and to the vendor for order fulfillment. Personal and account information is kept confidential through the use of "secured transactions" that use encryption technology.

Shaping Special Education Essay Example for Free

Shaping Special Education Essay The history of American special education has taken a long, ever-evolving journey to get to the place it is today. Marilyn Friend (2008) discusses how in the early twentieth century students were still not accepted into public schools. Students who had physical or mental disabilities were placed into separate classes, made up entirely of students with disabilities. Throughout the first half of the twentieth century students with a wide range of disabilities were enrolled in special education classes. Over the past century, various court cases have defined how special education has changed. In 1954, the Brown v. Board of Education, gave way to questions about whether or not separating special education students from the general education population was appropriate or not. Some people believed that taking students out of the classroom gave them a label for their disability and therefore was discriminatory towards students, rather than helpful in providing services they needed to make them successful. (Friend, 2008, p. 47) Not only did educators become advocators for children’s with disabilities, so did parents. The Mills v. Board of Education (1972) sparked the determination of providing special education services for students. In response to various lawsuits against the Board of Education legislation created mandates to ensure the rights for students with disabilities. Structure of Special Education Parents continued to push for the rights of children, as well as congress. The Elementary and Secondary Education Act of 1965 were laws that provided funding to states to assist them in creating and improving programs and services for children with disabilities. The Education for All Handicapped children Act in 1974 was created to allow full educational opportunities for students with disabilities. In 1986, the federal special education law was changed to include services for infants and young children. (Friend, 2008, p. 49) In 1990, the Education for All Handicapped Children Act was changed to Individual with Disabilities Act (IDEA) and more disabilities were added. The most recent change was in 2004 when provisions were added to help resolve disputes between parents, as well as the requirement for student instruction to be taught using evidence-based practices. Federal law forced educators to change their view of special education students and how to best serve their needs in the school environment. Also in 2004, President Bush and Congress wanted IDEA to align with No Child Left Behind Act of 2001 so that schools would be held accountable for making sure students with disabilities achieve high standards (Friend, 2008, p. 68). Jill Hockenbury (2000) pointed out that special education is a key part of the public education system but that there are still challenges in special education today. Critical changes that are needed in special education include constructing a defensible philosophy of education, providing effective and intensive instruction, and improving the quality of teacher training. These changes are still being worked on today. The needs of children today are demanding that teachers provide effective instruction, that’s meaningful and allows the teacher to reach all levels of development in one classroom. Trends and Issues Quality teacher training is also one of the biggest challenges facing special education and relates directly to a key topic heard a lot about in special education, which is inclusion. Inclusion centers on the belief that students with a disability should be allowed to be a part of the general education classroom. However, inclusion is difficult because of the requirement of the general education teacher. The general education teacher should be able to meet the needs of the students in his or her classroom, which can be difficult depending on the students needs. However, inclusion states that students should be in the classroom full time, receiving instruction the same as non-disabled peers, and there should be no need for pull-out. In some cases, members of a child’s IEP team may not agree on the appropriate environment for a student. With increased opportunities for teachers to have training with research-based methods and strategies, this area should be able to improve in the future. Researchers have stated that inclusion is beneficial to both students with disabilities, and those without disabilities. A study done investigating perceptions of learning of nearly 5,000 kindergarten students through 12th grade revealed that students with disabilities wanted to learn the same material, use the same books, and enjoy the same homework and grading practices as typical peers. (Friend, 2008, as cited in Klinger and Vaughn 1999) Other trends in special education include universal design for learning and differentiation. Universal design for learning (UDL) is the instructional approach that students with disabilities should have access to the curriculum. Along with UDL is the use of differentiated instruction (or differentiation) to explore the concepts of UDL further. Differentiation means that within one environment, students with multiple needs will have their needs met through various ways. UDL and differentiation should be utilized by general education teachers to meet the needs of their special education student. (Friend, 2008, p. 77) These trends are all key concepts in the world of special education. They all impact the way special education teachers should teach to meet the needs of all their students. Pat Beckman (2001) reiterated this fact stating that â€Å"improved student learning requires teachers, schools, and districts to give up unproductive traditions and beliefs, replacing them with validated practices and a full understanding of the intent of the law. † IDEA requires teachers to use â€Å"programs, interventions, strategies, and activities† that are researched based. (Friend, 2008, p. 63) As the needs of students increase, the resources provided need to increase, which is the responsibility of those providing the education. Special education has come very far since placing disabled students in their own separate classroom, but it still has a long way to go. There is much to be said about meeting the needs of special education students and reaching those administrators, parents, and educators who still do not have a full understanding of inclusion. References Beckman, Pat (2001), Access to the general education curriculum for students with disabilities, Council for Exceptional Children, retrieved May 28, 2012 from http://www. cec. sped. org/AM/Template. cfm? Section=HomeTEMPLATE=/CM/ContentDisplay. cfmCONTENTID=5519 Friend, M.(2008). Special education: Contemporary perspectives for school professionals. Boston, MA: Allyn Bacon. Hockenbury, J. C. , Kauffman, J. M. , Hallahan, D. P. (2000). What is right about special education. Exceptionality, 8(1), 3-11. Obiakor, F. E. (2011). Maximizing access, equity, and inclusion in general and special education. Journal Of The International Association Of Special Education, 12(1), 10-16. U. S. Department of Education (2007) Thirty Years of Progress in Educating Children With Disabilities Through IDEA, retrieved May 28, 2012 from http://www2. ed. gov/policy/speced/leg/idea/history30. html.

Ocean Park Of Hong Kong

Ocean Park Of Hong Kong This report is about Ocean Park of Hong Kong one of the largest amusement ocean park in the Orient and even in the world. In this report we are going to cover such topic as strategy concepts of Ocean Park, external and internal environment of organisation and its corporate, business-level and international strategy. On base of data collected well give our recommendation and advice to CEO and Board of Ocean Park of Hong Kong about Parks strategy to the next 10 years (from 2005 to 2015). The main aim of this report is to provide in-depth strategic analysis to CEO and Board members. Thus, this work is focused on challenges, opportunities and threats of organisation, its culture and economic aspects, strengths and weaknesses of organisation, core competency of ocean park in order to help to improve it in anticipation of arrival of Hong Kong Disneyland. Strategy concepts and vocabulary -Mission (Strategic purpose, not specified) Ocean Park provides all guests with memorable experiences that combine entertainment and education, while inspiring life long learning and conservation advocacy. Our aim is to maintain a healthy financial status, while striving to deliver the highest standards of safety, animal care, products and guest service.http://www.oceanpark.com.hk/html/en/footer/corporate-information/vision.html -create all activities for perfect family holiday -increase involvements of visitors in environmental issues and lives of animals -Goals and objectives to fulfill its mission Boost the number of annual visitors from four million in 2004 to five million by 2010 To make a 0,5 per cent contribution to Hong Kongs gross domestic product (GDP) in 2010 (page 7) -Vision (More specified) http://www.oceanpark.com.hk/html/en/footer/corporate-information/vision.htmlOcean Park aspires to be a world leader in providing excellent guest experiences in a theme park environment connecting people with nature Become number one marine-based park for each family not only from Hong-Kong but also from mainland China. To be main attraction for all tourists, who visit Hong-Kong -What performance measures would you use to determine the success of Ocean Park? -It is the hometown favorite. It had been a long-time favorite of several generations ((its been operated for more 28 years). Many local people were sympathetic to Ocean Park. People who had visited the park as children were now bringing their own children to visit the park. Its reputation even extended into mainland China. It had become a fixture of Hong Kongs cultural heritage. (p.5) -The number of visitors in 2004 is 4 m of people (with daily maximum capacity 35,000 people). -Total revenue in 2004 was 536, 2 HK$ m comparing to 428,3 HK$ m in 2003, surplus for 2004 year was 95,7 HK$ m comparing to deficit 4,1 HK$ m in 2003. recognizability of new brand (Whiskers became a household name in Hong Kong) -Who are the various stakeholders in Ocean Park organization (how might they impact on its purpose and mission)? Stakeholders, who help to achieve parks purpose and mission: Hong Kong government, Home Affairs Bureau and the Tourism Board, employees of Ocean Park corporation, its visitors (customers). Interfere with achieving parks purpose and mission: Activist groups (certain environmental groups and animal rights activists) forbid of buying and transportation exotic animals to park, trade associations and unions (bus companies and taxi drivers) forbid in building a mass transit railway (MTR), competitors regain market share. External Environment -Conduct a PESTEL analysis for Ocean Park, identify the key driving forces for change facing Ocean Park; Rank key driving forces based on their predictability and potential impact on Ocean Park, then develop some scenarios and identify implications of these scenarios for Ocean Park. PESTEL: Political: Government support Improving relationship between Hong Kong and Mainland China Promotion of tourism the easiness of the restrictions and promotion of the free travel of China in 2003 that helped to inject a new life to the tourism industry of Hong Kong environmental law Economic: Growth and development of the global amusement park industry Disneylands arrival Increasing number of mainland visitors Increasing standards of living in midland China Raise and spend HK$5.55 billion Social: Major events and activities (peak seasons and holiday themes: Chinese New Year, Easter Holiday, Summer Holiday, Halloween and Christmas) Media, advertisement and publicity, required for these special events Change of demographic (Population growth rate, age distribution, size of families) Increasing the cost of labor and more guarantees for employees Negative affect of Outbreak of Severe Acute Respiratory Syndrome (SARS) outcome Technological: Development of the amusement machinery industry Increasing popularity of new technologies for consumers (internet, mobile, digital camera) Amortization of park equipment Developing of new transport system (for example, a mass transit railway (MTR)) Research and development activities (creating of new park amusement) Environmental: Opposition from certain environmental groups about the importation of wild animals to Ocean Park Expenses on maintenance of exotic animals Protests of animal rights activists against relocation of animals Climate change (rain season in spring, hot in summer, typhoons in summer) Legal: Approval of Town Planning Board for hotel, Legislative Council for MTR station. Restrictions on mergers Employment laws Key driving forces and their ranking : 1)Global changing in tourism for Hong-Kong and Asia-Pacific region (development of tourism in region) 2)Raise and spend HK$5.55 billion from private and government loans to revamp parks well-worn product line (approval of development plan) 3)Disneylands arrival worldwide success of main competitor-Disneyland, coming to Hong Kong (Disneys success or failure) Binary table of scenarios for Ocean Parks key drivers (in decreasing order of their impact on park): Development of tourism in region Approval of development plan Disneys failure Scenario + + + Successful scenario + + + + Middle scenario + + + + + Failure scenario -Define Ocean Parks industry and conduct a five forces analysis: Which are the dominant forces in the industry? How may the five forces change? What are the underlying dynamics which are driving these five forces, and how may the five forces change? What are the impacts on key competitors and on Ocean Park? What can be done to influence the impact of the five forces? Five forces analysis for amusement park industry: 1) Threat of New Entry In terms of the amusement park industry, the entry barrier is high due to the need to invest large amount of financial resources (for park equipment, human resources maintenance), a lot of time required for parks planning, construction, development and launching, a lot of licenses and legalization required (safety, sanitary, security etc.). In addition to the amusement park required land for a full scale development. This factor is important because Hong Kong has a high land price real estate market. Re-write in own words!!!!! 2) Threat of Rivalry: It is important to consider that with lack of differentiation, visitors choice will greatly over the price and service, thus causes pressure for the intense price and service competition. Due to high threat of rivalry, Ocean Park is implementing different plans and activities such as redevelopment and introduction of new attractions in order to catch the attention of the visitors and differentiate themselves from rivals. There are no rivals with exactly the same range of products. Disneys arrival is only expected. Re-write in own words!!!!! 3) Threat of Substitution: (where this information from I like this point!)) The main threat of substitution is Hong Kong Disneyland Wetland Park, a new international theme park and an educational park (Appendix 2) Apart from this, there are other forms of substitution. From the education side, Hong Kong residents can switch to go to Cultural Centre, Mai Po Wetland, Hong Kong Zoological and Botanical Garden. For entertainment purpose, they can visit the Karaoke, Cinema, Game Centre, or have a day trip to China. 4) Bargaining power of buyers (visitors): (where this information from I like this point!) -Tourists Tourists have a low bargaining power as long as must see image successfully built-up and the Park cannot be replaced by other substitutes. Therefore, Ocean Park focuses to build up this image especially in Asia. Local residents The buying power of local resident is high since they have many choices as mentioned above. The switching cost is relatively low. Also, Hong Kong people like new experience and their loyalty to the product are generally low. The Park, therefore, launched difference programs like Big Five events with difference theme each year to bring new excitement and experience to them. Besides, special discount in low season and year pass intent to attract 5) The power of suppliers. Suppliers have quite high power. Thus, construction elements of amusement rides are huge and complicated, thats why park is highly tied with supplier. Otherwise, this market is developed and the choice of suppliers is become greater now. While constructing buildings (hotels, etc) with particular contractor park cant easily change to another contractor because of high switching cost). The situation with the exotic animals is such as Ocean Park can buy in particular country only. Which are the dominant forces in the industry? The dominant forces in the industry are: rivalry, buyers and substitutes. How may the five forces change? Looking forward, the five forces will change in this way: -Rivalry will increase with Disneys arrival; -Buyer power will increase slightly; -Substitute threat will also increase; -Entry threat decrease dramatically; -Supplier power will also decrease. (Exhibit 2.5 p.72) What are the underlying dynamics which are driving these five forces? Aftermath of economic crises and increasing in number of suppliers will decrease supplier power. Disneys arrival decrease entry threat in entertainment park industry. Developing of new technologies will affect rising of substitutes. Also competitors with new technologies will gain (in this aspect Disney has an advantage) Disneys arrival increase demands in diversification of Ocean Parks products. Ticket price advantages (185 HK$ for adult ticket at Ocean Park compared to 295HK$ for the same ticket at Disney). The main rival (Disney) is also same market oriented (families with children). What are the impacts on key competitors and on Ocean Park? Five forces much more affect Wetland park Ocean Parks key competitor, located at the northern part of Tin Shui Wai, in Yuen Long than Ocean Park itself, because Wetland parks products are less differentiated. It has a 10,000m2 visitor centre, Wetland Interactive World, and a 60-hectare Wetland Reserve. (http://www.wetlandpark.com/en/aboutus/overview.asp). Arrival of other competitor Disney and its substitutes doesnt affect much Ocean Park because it has its its own niche. What can be done to influence the impact of the five forces? More differentiation of new products, directed mainly to Chinese native culture will affect rivalry, substitutes and buyers. Unique high-quality products and services also will influence buyers. For seeking suppliers big impact will have Internet and special web-sites with best quality of service, characteristics, recommendations and prices. Conduct a strategic group/space analysis for Ocean Park There are 2 key competitors for Ocean Park: First one is mentioned above Hong Kong Wetland Park. It is a conservation, education and tourism facility, consisted of large visitor centre, Wetland Interactive World and a Wetland Reserve. This park provided visitors with opportunities to observe wildlife, awareness and understanding the values of wetlands throughout the East Asian Region and beyond, wetlands conservation. So, its mainly about wetlands. The Hong Kong Wetland Park is also going to be a world-class ecotourism facility to serve both local residents and overseas tourists.(ttp://www.wetlandpark.com/en/aboutus/mission.asp) Compare to Disneyland and Ocean Park, Hong Kong Wetland Park has different facilities and product range (such as themed exhibition galleries, a theatre, a souvenir shop, an indoor play area), provide different services and thus, like Disney and Ocean Park, has its own niche. The range of facilities provided is the narrowest among 3 parks. Thus, Wetland Park cant meet demand of those visitors, who are looking for excitements and extreme pleasure, which can be found on a rides at 2 other parks. Who are the main visitors? Is it local or global? Is it has the lowest range of facilities than Ocean Park and Disney? Much lower prices. The second one arriving in a nearest future The Hong Kong Disneyland. After 28 years of operating as a near monopoly, Ocean Park would soon have to compete with one of the biggest names in the entertainment and theme park industry. Moreover, Disneyland targets the same group of parks customers families with children. It has well-known brand and reputation. Its the world leader in terms of entertainment. Several of Disneys characters (Mickey Mouse, Donald Duck and Winnie the Pooh) were household names all over the world, including in Hong Kong. Thus, Ocean Parks mascot, Whiskeys, appear lackluster by comparison. Image, which Disney company holds almost for a century (The Walt Disney Company was founded in 1923) and Disneyland itself (first park was opened in 1955) for half a century (compared to 28 years of Ocean park) helps to attract visitors not only from Hong Kong and midland China, but also from different part of the globe, especially those who are from the USA and Europe. Among other advantages of Disneyland are: location: it could be reached in just 10 minutes from Hong Kongs airport and less than 30 minutes from downtown Hong Kong. -at least 5.6 million people were expected to visit the Hong Kong Disneyland during its first year of operation (compared to 4 million of Ocean Park expected visitors). -the price claimed to be the least expensive among the five Disney amusement parks throughout the world. -the area of Disneyland is 310 acres compared to 215 acres of Ocean Park. -5 times greater investment than for Ocean Park. -Expected economic effectiveness is 3 billion more. -world-renowned innovation -high customer service standards Strategic groups within the entertainment and theme park industry in Hong Kong Broad Ocean Park Geographical Scope Global Product range Disneyland Narrow Wetland Park Local Conduct a market segment analysis for Ocean Park: How is the market segmented? How could it be segmented? Where would you position Ocean Parks products and services? Where would you position the competitors products? Ocean Park is a part of entertainment and theme industry. Its market is families with children. Disneyland future competitor applies to the same market. Despite this, Ocean Park has its own niche visitor from midland China. Internal Environment -What resources and capabilities does Ocean Park have? Resources (what a firm has): 1)Tangible: -financial suppliers of money (private and government loans) expected HK$5,6 billion investment; HK$145 billion economic effectiveness; surplus from operations in 2004 was HK$182,2 million on revenues of HK$536,2 million ; -physical Sea World, marine life and real animals:35 rides and attractions; 3 hotels; favorable and convenient location on the southern side of Hong Kong Island; wide range of new activities, such as the Abyss Turbo Drop thrill ride, seasonal and special events, popular water-related activities, interactive activities with animals, edutainment programs, successful Sea Jelly Spectacular and so on. 2)Intangible: long-time reputation of park with government, customers, -new brand sea lion named Whiskers; -cultural heritage of Hong Kong -great number of repeated visitors 3)Human: -37,100 employees, their skills and knowledge; -Thomas Mehrmann, new CEO of Ocean Park, and his previous experience at US-based Six Flags Corporation; Natural and wild life focus (Interactive activities with animals) Recreation and education Capabilities (what a firm can do) -New products, facilities and services development capability continually adding new features and attractions (such as: a new roller coaster, a subzero Ice Palace, 7.6 million liter aquarium with an underwater restaurant, extra 33 animals species, the number of rides doubled to 70), so, become a nearest future one of the best marine-based theme park with strong connection with nature; -Keeping park attractions fresh, novel and exciting, while minimizing costs; research and development, marketing and sales capabilities: plan to refurbish and rename Ocean Parks 2 major areas (the Lowland and the Highland), new hotels to be developed, including a five-star boutique, spa-type hotel this redevelopment plan would be completed in 2012!! recommendation part too!!, plan to open offices in the major urban areas of Guangzhou, Beijing and Shanghai to enhance promotional activities in Hong Kong and attract more mainland visitors -new incentive compensation, that linked employee compensation to the financial performance of park -What might be the competence of Ocean Park? Core competences resources and competences which are both valuable to customers and difficult to imitate -distinctive work culture, with its own norms and practices -local market loyalty -unique SmartFun Annual Pass program -cultural aspect (cultural heritage of Hong Kong), orientation on specific market segment-mainland Chinese visitors, -long-term reputation, distinct Chinese characteristics -powerful brand -customer trust -primary focus of OP on real nature and wildlife in contrast to Disneys strengths in cartoon characters, castles, virtual reality and fantasy -focused on education and the live animal attractions one of the key elements that will differentiate it from Hong Kong Disneyland when it opens in 2005. (from Echos articles) -cost and differentiation of product (continually adding new features and attractions as well as price advantage over Disney encouraged visitors to return to the park) -The aerial tram that takes visitors from the entrance side of the park over a hill to the rest of the attractions has become a Hong Kong tourism icon-is it still true (from Echos articles) Competitive advantage is explained by the distinctiveness of its resources and capabilities, by offering customers greater value by means of lower prices or greater benefits and service Competitive Advantages of Ocean Park over Disney: -long-time reputation, -hometown favorite, -cultural heritage of Hong Kong, orientation mostly on visitors from midland China -first-mover advantages -no need to engage in high-profile advertising and publicity, rely more on word-of-mouth -more diverse and wide range of products (including Sea World, marine life, real animals plus 35 rides and attractions) price advantage: the admission price for Disneyland is expected more than twice higher for child and one and a half higher for adult than price of Ocean park. And visitors from mainland China are very price sensitive. SmartFun Annual Pass program with unlimited admission to the park for its holders within a year, and discounted prices for food, souvenirs -Infrastructure 3 hotels had been constructed comparing to 2 at Disney. -orientation not only on entertainment, but also on education of visitors, differentiating by focusing on ecology and conservation issues -recognizable brand -In addition to all the American fun at the park, traditional Chinese holidays are still observed (Chinese New Year) -Disney has its characters, but we have flexibility to mix and match and bring in other entertainment (from Echos articles) -Does Ocean Park build its strategy on its resources, capabilities and competences? Yes. Importation of more species Water/Sea-related construction Hotel-better recreation -Are they sustainable? How can they be developed? Sustainable to some extent, but with some limitation. For example, it may face the opposition from environmental group. They cant relay only on resources, capabilities and competences-they need to be developed, innovated and refreshed, because they may begin to look dated and shabby for their visitors. SWOT Analysis Positive impact Negative impact Internal environment Strengths -Diversified and wide range of amusements (thrills, animals, seasonal and special events) -product line revamp -Highly linked with culture of mainland Chinese visitors, knows their demands and behavior -the main, oldest and most famous amusement park in the country (long-time reputation, hometown favorite), -cultural heritage of Hong Kong, -28 years of operating as a near monopoly -no need to engage in high-profile advertising and publicity, rely more on word-of-mouth -strong business connection to the local government (support from the government of Hong Kong and mainland China) -renovation of the parks brand image -mascot as a brand -previous experience of Thomas Mehrmann (new CEO of Ocean Park) in theme park industry (at US-based Six Flags Corporation) -local market loyalty -positive image of park Weaknesses -Located on a hills-hard to get to some riders-thats why visitors experienced rides only once. -different facilities are old and un-attractive and need renovation -a lot of activities depend on weather-ask Echo about it -no substantial capital investment External environment Opportunities -focusing on delivering mainland Chinas visitors as well as foreign visitors -development of new transportation South Island Line (when-check case-and ask Echo about it) that would cause convenience and fast access direct to the Park for the foreign and local visitors. -plan to build a mass transit railway (MTR) station to connect OP to the subway grid -the development and improvement of the amusement machinery can impact the services and features of the organization and its relationship to their foreign visitors. raise the standards of park with Disneyland arrival fostering sponsorships plan for building new hotels (boutique and spa-type) orientation on luxury tourism new market segment Threats -economical instability (such as the Asian financial crisis of 1999-2001, lasted for 3 difficult years for OP ), outbreak of different diseases, such as Severe Acute Respiratory Syndrome (SARS) in 2003 (Both these factors can affect number of visitors and their buying behavior, worsening the park financial situation) -arrival of Disneyland Hong Kong -OP was situated on valuable real estate: it could be shut down and its land could be sold off for other recreational or commercial purposes. Recommendation p.6-7!!! (recommend to use this business connection for future purposes, such as building a subway line for the visitors (itll happen in 2007). Say, in 3 years Build a mass transit railway (MTR) station for connection to the subway grid. Till 2015) (recommend to start innovation process, it will take about 6 years). Say, in 5 years