Human Centered And Life Centered Systems Of Environmental...

Biocentrism is the theory that within the world inherent value is extended to all living things. This means that Biocentrism, in most examples, encourages the protection of animal rights, the environment and biodiversity. With these ideas of inherent value and respecting the environment it is not surprising that the approach is based around the idea that mankind, and no other species for that matter, is more superior to another. This means that within this theory man himself is considered to be apart of nature also. A significant development in Biocentrism has been Paul W. Taylor’s text, The Ethics of Respect for Nature (1, 1986) within which he brings to relevance four related ideas to be main pillars for the theory. These are labeled as â€Å"I. Human-Centered and Life-Centered Systems of Environmental Ethics† â€Å"II. The Good of A Being and The Concept of Inherent Worth† â€Å"III. The Attitude of Respect For Nature† and the last being â€Å"IV. The Justifiability of The Attitude of Respect for Nature†. It is similarly that within Animal Rights and Human Obligations (2,1976) Peter Singer’s takes a stand to support his theory that if we can acknowledge that animals can be sentient beings then they deserve the same level of equality that is extended throughout human beings. Another person who has over the years helped to develop the biocentric theory to where it is today is Aldo Leopold. He has been linked to biocentrism due an essay called â€Å"The Land Ethic† which was released in 1987Show MoreRelatedAldo Leopold’S Essay â€Å"The Land Ethic† Was Published In1122 Words   |  5 PagesAldo Leopold’s essay â€Å"The Land Ethic† was published in A Sand County Almanac. The short paper confronts the imperfections in the most common approaches in preserving the environment. Leopold’s answer is to develop a new branch of environmental ethics to model humanity’s ever-changing relationship with the environment. Leopold observantly describes the history of ethics, the meaning of community with the land and why it’s appropriate to do so. Toward the end of the essay – as the reader is ready forRead More Environmental Ethics Essay2121 Words   |  9 PagesNeed for Environmental Ethics â€Å"Unless humanity is suicidal, it should want to preserve, at the minimum, the natural life-support systems and processes required to sustain its own existence† (Daily p.365). I agree with scientist Gretchen Daily that drastic action is needed now to prevent environmental disaster. Immediate action and changes in attitude are not only necessary for survival but are also morally required. In this paper, I will approach the topic of environmental ethics from severalRead MoreUnderstanding The Interdisciplinary Field Of Healthcare Essay1302 Words   |  6 Pagesand set the precedence for quality patient centered care continue to influence health care and nursing (Finkleman Kenner, 2016). Health care leaders of this era influentially lead to organizations, such as Institute of Medicine (IOM) that promotes quality care through core competencies, and the American Nurses Association (ANA) holds true to the legacy of nursing while guiding the future of nursing with foundatio nal guidelines such as the Code of Ethics. Five Core Competencies To reduce clinicalRead MoreYeah717 Words   |  3 Pagesargued that unregulated exploitation would cause environmental depletion. What is environmental science? Name several disciplines involved in environmental science. Environmental Science is the study of how the natural world works and how humans and the environment interact. Environmental Science in an interdisciplinary field which requires expertise from ecology, earth science, chemistry, biology, economics, political science, demography, ethics, and others. Contrast the two meanings of scienceRead MoreEnvironmental Ethics And Its Impact On The Environment1833 Words   |  8 Pagesntroduction and Thesis Environmental ethics is a branch of philosophy that examines human relationships to, and the ways they interact with, the environment. When it was noticed, that the increasing world population was negatively impacting the environment, as well as the use of pesticides, technology and industrialization, environmental ethics emerged as a field of study. Environmental ethics takes into consideration the value and moral standing of the environment and its non-human entities. It focusesRead More Environmental Ethics Essay example2762 Words   |  12 Pagescurrent rate, were headed for and environmental disaster, many say, but how much truth does that statement hold. Have humans really destroyed, pillaged, and polluted enough to cause a serious, wide scale, disaster? If not, then can we continue on without changing, and not learn from our mistakes? If so, then can we do anything today that will bring about a tomorrow available to us? All of these questions hold great pertinence for our current situation. Humans dont exactly hold the best trackRead MoreThe American Association Of Intellectual And Developmental Disabilities Essay1386 Words   |  6 Pagesfrom participating in events in society because of their functional disabilities. Environmental and personal factors also play a role in affecting people’s lives (CDC, 2014). According to the U.S. Department of Justice (2009): An individual with a disability is defined by the American with Disabilities Act (ADA) as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a personRead MoreOur Knowledge Of Living Things Increases Essay1016 Words   |  5 PagesAs our knowledge of living things increases, as we come to a deeper understanding of their life cycles, their interactions with other organisms, and the manifold ways in which they adjust to the environment, we become more fully aware of how each of them is carrying out its biological functions according to the laws of its species-specific nature. But besides this, our increasing knowledge and understanding also develop in us a sharpened awareness of the uniqueness of each individual organism. ScientistsRead MoreMy Philosophy Of Nursing Philosophy1481 Words   |  6 Pagesand other healthcare professionals, while working in different setting as a nursing in the health care. This also addresses nurse s ethics, goal and values as it relates to my nursing practice. My Nursing Philosophy is based on five components: nursing, Person, environment, holistic care and health. Person: One of the central concept in nursing care is person or human being (McEwen and Wills 2007). My nursing philosophy focused on treating each person as a unique individual that deserves to be valuedRead MoreWhat Is Human Services?1217 Words   |  5 PagesRunning head: WHAT IS HUMAN SERVICES? What is Human Services? Candice K. Holt BSHS/302 University of Phoenix August 24, 2009 The Goal of Human Services Human Services is the practice of assisting needy and less fortunate individuals with meeting their basic needs in life. â€Å"The Human Services profession is one which promotes improved service delivery systems by addressing not only the quality of direct services, but also by seeking to improve accessibility, accountability, and coordination

The Growing Problem of White Collar Crimes in India

The Growing Problem of White Collar Crimes in India â€Å"The practitioners of evil, the hoarders, the profiteers, the black marketers and speculators are the worst enemies of our society. They have to be dealt with sternly, however well placed important and influential they may be; if we acquiesce in wrongdoing, people will lose faith in us†- Dr Radhakrishnan Methodology The research methodology used for the present research article is traditional Doctrinal research method. As most of the information can be sought form the available literature. So the researcher has chosen doctrinal method as method of research for the present article and has used books, journals, research articles for†¦show more content†¦The term ‘crime is also contentious as many of the harmful activities of businesses or occupational groups are not subject to criminal law and punishment but to administrative or regulatory law and ‘penalties or ‘sanctions. Therefore, a region specific definition of White Collar Crime can be:-- â€Å"White Collar Crime is an illegal act or series of illegal act for achieving an illegal objective committed by any person by non-physically or non-violent means and by guile, to gain money or property wrongfully or to avoid payment of legal dues or retain money or property wrongfully as to obtain wrongful business of personal advantage.† White Collar Crimes Broad Categories This list is indicative of the broad categories of White Collar Crime prevalent in India and all over the world but cannot be considered comprehensive. Bank Fraud--To engage in an act or pattern of activity where the purpose is to defraud a bank of funds, Blackmail--A demand for money or other consideration under threat to do bodily harm, to injure property, to accuse of a crime, or to expose secrets, Bribery--When money, goods, services, information or anything else of value is offered with intent to influence the actions, opinions, or decisions of the taker, Cellular Phone Fraud--The unauthorized use, tampering, or manipulation of a cellular phone or service, Computer fraud--WhereShow MoreRelatedThe White Collar Crime And Economic Crimes2126 Words   |  9 PagesIn India, the Law Commission in its 29th Report pointed out more or less the same factors as responsible for the rise of economic crimes, particularly, the white collar crimes. It observed, â€Å"The advance of technological and scientific development is contributing to the emergence of mass society, with a large rank and file and small controlling elite, encouraging the growth of monopolies, the rise of managerial class and intricate institutional mechanisms. Strict adherence to a high standard of ethicalRead MoreUnderground Economy4900 Words   |  20 Pagesincome earnt; ââ€" ª Self sufficiency (If a farmer grows his own food, he will not appear to have any income, his sustenance comes from his own produce, but, there is no buying and selling). Economic activity which is not recorded can create a real problem for governments, such as: ââ€" ª Difficulty in measuring GDP and living standards. ââ€" ª Difficulty in regulating standards in the black economy. ââ€" ª Criminal activity. ââ€" ª Loss of Tax Revenue ââ€" ª Inequality. Firms benefit from avoidingRead MoreIncreasing Crimes7023 Words   |  29 PagesINCREASING CRIMES/SUICIDES AMONG THE YOUTH OF INDIA. INCREASING CRIME RATES AMONG THE YOUTH IN INDIA. Introduction: Open any newspaper or tune into any news channel and you can be pretty sure to stumble upon crimes of all sorts ranging from petty thefts to dacoity, murder, terrorism, sexual crimes and the like. The statistics show that the miscreants have been found quite focused and determined at their jobs. In India for instance, as per the National Crime Records Bureau, incidences of crime sinceRead More The Media Influence on Society Essay2086 Words   |  9 Pagesconcrete, and objective. Without much knowledge of race relation in American, I came to the States in 2008. I found it very diverse with a myriad of background and histories. Growing up, I had the impression of America as a â€Å"perfect non-racist† nation because of what I used to read and watch on television in my country, India. Unfortunately, it was just a false illusion fed to me by my media. My naivetà © shattered when a man threw a bottle at my friend and yelled, â€Å"Terrorist† while he was riding theRead MoreCurbing Unemployment Through Skills Acquisition: a Study of the National Directorate of Employment (Nde), Kaduna State7193 Words   |  29 PagesWhat has been happening to inequality? What has b een happening to unemployment? If all three of these have declined from high level, then beyond doubt this has been a period of development for the country concerned. If one or two of these central problems have been worse especially if all three have, it would be strange to call the result â€Å"development† even if per capita income doubled. As a result of this consequence and the rising rate of unemployment, the Federal Government of Nigeria establishedRead MoreAmerica s New York City1818 Words   |  8 PagesDonald Trump speaks among a crowd of hundreds: â€Å"They’re bringing drugs. They’re bringing crime. They’re rapists. And some, I assume, are good people.† This is how a portion of American citizens perceive immigrants, and as the 2016 Presidential election gets closer the word â€Å"immigration† gets treated more delicately as if it were a new phenomenon. However, immigration is no new or delicate subject for New York City. In fact, residents (like in Queens) find it odd if a New Yorker isn’t of hybrid generationRead MoreEconomic Globalization and China Essay2714 Words   |  11 Pagescompete with the larger, more developed ones such as the United States and other large western economies. For instance, technical engineers in India and China are now just as qualified as e ngineers in America, but at half the cost. The once large and prosperous service sector in the United States as well as telemarketing services have largely been sourced to India as a large exodus of American multinational corporations find cheaper workers who deliver comparable quality. This then seems to be the essenceRead MoreSocial Work Education : The Wake Of Globalization : Trends And Challenges3133 Words   |  13 Pagesrameshbmsw@gmail.com Abstract Education for the practice of Professional Social Work has begun in India in 1936 at the Tata Institute of Social Sciences, Bombay which had altogether Urban Orientation and Western Base expanding a large number of Social Work Institution which has spread across the country. Indeed it is ironical to note that even after 78 years of its inception, the Social work Education in India has been profoundly influenced by the western Ideas and Ideologies. The Genesis of Social WorkRead MoreEarnings Management, in Exchange Listed Companies, Is Not Fraud but a Case of Caveat Emptor for Investors2071 Words   |  9 PagesINTERNATIONAL UNIVERSITY COLLEGE Sofia â€Å"Earnings management, in exchange listed companies, is not fraud but a case of caveat emptor for investors† Coursework in BUSINESS FINANCIAL CRIME Student registration No: 479866 Program: International Finance and Trade, Level 2 Lecturer: A. Paparizov â€Å"Earnings management, in exchange listed companies, is not fraud but a case of caveat emptor for investors† With the development of the stock markets and the huge grow in the volume of money tradedRead MoreThe Structural Change Of The Inner City Job Market2578 Words   |  11 PagesThe drastic reduction of stable manufacturing work in American cities remains one of the biggest, if not the foremost, issue linked to poverty. The growth in blue-collar factory, transportation and construction jobs that were traditionally held by men has dissipated for a variety of reasons, from Globalization to the rise in Illegal Immigration. This structural change in the inner-city job market is of particular interest because of the amalgamation of both Economics and Poverty/Segregation issues

Death of a Salesman Personal Response free essay sample

he Loman family is a family that people can easily relate to. The two sons, Billy and Happy, face a decision that many teens have to face. This decision is to choose their future jobs. As a teenager myself I know how tough it is to choose between doing what you like and doing what society or your parents approve, or what has a good income, etc. Willy is a salesman and he wants his sons to become business guys, however Billy does not like the business life, he’d rather live in a farm. This phsychologic conflict can happen to any teen. It’s a hard decision to choose between something that you like, however, not very well recognized and seen. For these reasons, teenagers go into college for example and two/three years into the course they selected they decide to change. Another reason to why the Loman family is so relatable is because Willy did not achieve his goal in life. We will write a custom essay sample on Death of a Salesman Personal Response or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page In his head, he was the best salesman but in reality he had failed what he had planned for himself. It is common for many people to aim high but not be able to achieve their goals. So, the feeling of failure is something that many people can relate to. This feeling of failure comes with sadness, denial, anger, and frustration, all mixed together. Many times people fail and stay in denial, they rather not admit to themselves that they actually DID fail. Reading this book, people who are maybe in the same situation as Willy can relate and see how denial and failure works out, and perhaps realize that failure is not necessarily something to be ashamed of, everyone fails. One more reason to why this family is so easily to relate to is because many guys cheat on their wives. Unfortunetely this is a reality since a long time a go. Men not always stay true and loyal to their wives, and this is another factor that makes this family so ‘common’ and relatable, many people can put themselves in one of the characters shoes.

Obligations and Contracts Reviewer free essay sample

By prescription, one acquires ownership and other real rights through the lapse of time in the manner and under the conditions laid down by law. In the same way, rights and actions are lost by prescription. COMMENT: (1) De? nition of Prescription Prescription is a mode of acquiring (or losing) ownership and other real rights thru the lapse of time in the manner and under the conditions laid down by law, namely, that the possession should be: (a) in the concept of an owner (b) public (c) peaceful (d) uninterrupted. (Arts. 1106, 1118, Civil Code). (e) adverse. In order that a possession may really be adverse, the claimant must clearly, de? nitely, and unequivocally notify the owner of his (the claimant’s) intention to avert an exclusive ownership in himself. (Clendenin v. Clendenin, 181 N. C. 465 and Director of Lands v. Abiertas, CA-GR 91-R, Mar. 13, 1947, 44 O. G. 923). 1 Art. 1106 CIVIL CODE OF THE PHILIPPINES (2) Proof Needed Because prescription is an extraordinary mode of acquiring ownership, all the essential ingredients, particularly the period of time, must be shown clearly. We will write a custom essay sample on Obligations and Contracts Reviewer or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page (Boyo v. Makabenta, CA-GR 7941-R, Nov. 24, 1952). (3) Reasons or Bases for Prescription (a) Economic necessity (otherwise, property rights would remain unstable). Director of Lands, et al. v. Funtillar, et al. GR 68533, May 23, 1986 FACTS: Where the land sought to be registered was declared alienable and disposable 33 years ago, and is no longer a forest land, and the same has been possessed and cultivated by the applicants and their predecessors for at least three generations. HELD: The attempts of humble people to have disposable lands they have been tilling for generations titled in their names should not only be viewed with an understanding attitude but should, as a matter of policy, be encouraged. (b) Freedom from judicial harassment (occasioned by claims without basis). (c) Convenience in procedural matters (in certain instances, juridical proof is dispensed with). (d) Presumed abandonment or waiver (in view of the owner’s indifference or inaction). (4) Classi? cation of Prescription (a) as to whether rights are acquired or lost: 1) acquisitive prescription (prescription of ownership and other real rights). a) ordinary prescription b) extraordinary prescription 2 CIVIL CODE OF THE PHILIPPINES 2) (b) Art. 1106 extinctive prescription (â€Å"liberatory prescription;’’ prescription of actions); (â€Å"Statute of Limitations’’). as to the object or subject matter: 1) prescription of property a) b) 2) prescription of real property prescription of personal rights prescription of rights (5) Laches Laches (or â€Å"estoppel by laches†) is unreasonable delay in the bringing of a cause of action before the courts of justice. Thus, if an action prescribes say in ten (10) years, it should be brought to court as soon as possible, without waiting for 8 or 9 years, unless the delay can be justi? ably explained (as when there is a search for evidence). Note therefore, that while an action has not yet prescribed, it may no longer be brought to court because of laches. As de? ned by the Supreme Court, â€Å"laches is failure or neglect, for an unreasonable and unexplained length of time, to do that which, by exercising due diligence, could or should have been done earlier; it is negligence or omission to assert a right within a reasonable time, warranting a presumption that the party entitled thereto either has abandoned it or declined to assert it. However, courts will not be bound by strictures of the statute of limitations or laches when manifest wrong or injuries would result thereby. † (Cristobal v. Melchor, 78 SCRA 175). Arradaza, et al. v. CA Larrazabal GR 50422, Feb. 8, 1989 The principle of laches is a creation of equity. It is applied, not really to penalize neglect or sleeping upon one’s right, but rather to avoid recognizing a right when to do so would result in a clearly inequitable situation. (6) Rationale for Laches If a person fails to act as soon as possible in vindication of an alleged right, it is possible that the right does not really exist. 3 Art. 1106 CIVIL CODE OF THE PHILIPPINES (7) ‘Prescription’ Distinguished from ‘Laches’ Mapa III v. Guanzon 77 SCRA 387 While prescription is concerned with the FACT of delay, laches deals with the EFFECT of unreasonable delay. David v. Bandin GR 48322, Apr. 8, 1987 FACTS: A and B, husband and wife, died intestate, leaving two children, X and Y. X had been administering the property until her death in Feb. 15, 1955. Plaintiffs, the children of Y, were given their shares of the fruits of the property, though irregular and at times little, depending on the amount of the harvest. On April 23, 1963, plaintiffs, the children of Y, sent a letter of demand to the heirs of X for partition, and on June 14, 1963, or within a period of approximately 8 years from X’s death, ? led their complaint against X’s heirs. HELD: Plaintiffs cannot be held guilty of laches, nor is their claim barred by prescription. Plaintiffs were not guilty of negligence nor did they sleep on their rights. Prescription generally does not run in favor of a co-heir or co-owner as long as he expressly or impliedly recognizes the coownership. While implied or constructive trust prescribes in 10 years, the rule does not apply where a ? duciary relation exists and the trustee recognizes the trust. Gallardo v. Intermediate Appellate Court GR 67742, Oct. 29, 1987 In determining whether a delay in seeking to enforce a right constitutes laches, the existence of a con? dential relationship between the parties is an important circumstance for consideration. A delay under such circumstance is not as strictly regarded as where the parties are strangers to each other. The doctrine of laches is not strictly applied between near relatives, and the fact that parties are connected by ties of blood or marriage tends to excuse an otherwise unreasonable delay. 4 CIVIL CODE OF THE PHILIPPINES Art. 1106 Narciso Buenaventura Maria Buenaventura v. CA Manotok Realty, Inc. GR 50837, Dec. 28, 1992 The defense of laches applies independently of prescription. Laches is different from the statute of limitations. Prescription is concerned with the fact of delay, whereas laches is concerned with the effect of delay. Prescription is a matter of time; laches is principally a question of inequity of permitting a claim to be enforced, this inequity being founded on the same change in the condition of the property or the relation of the parties. Prescription is statutory; laches is not. Laches applies in equity, whereas prescription applies at law. Prescription is based on ? xed time; laches is not. (8) Constitutional Provision The right of the State to recover properties unlawfully acquired by public of? cials or employees, from them or from their nominees or transferees, shall not be barred by prescription, laches, or estoppel. (Sec. 15, Art. XI, The 1987 Philippine Constitution). (9) Cases Republic v. Animas 56 SCRA 871 Prescription does not run against the State, especially because the recovery of unlawfully acquired properties has become a State policy. Aldovino v. Alunan III 49 SCAD 340 (1994) Prescription must yield to the higher interest of justice. Francisco v. CA 122 SCRA 538 Philippine jurisprudence shows that the ? ling of the complaint, even if merely for purposes of preliminary examination 5 Art. 1106 CIVIL CODE OF THE PHILIPPINES or investigation, suspends and interrupts the running of the prescriptive period. (10) Prescriptive Period on Registered Land covered by Torrens System Quirino Mateo Matias v. Dorotea Diaz, et al. GR 137305, Jan. 17, 2002 FACTS: The land involved is registered under the Torrens system in the name of petitioners’ father Claro Mateo. There is no question raised with respect to the validity of the title. Immediately after petitioners discovered the existence of OCT 206 in 1977 or 1978, they took steps to assert their rights thereto. They divided the land between the two of them in an extrajudicial partition. Then petitioners ? led the case below to recover ownership and possession as the only surviving children of original owners, the late Claro Mateo. The Regional Trial Court (RTC), Bulacan, at Malolos, ruled that prescription and laches are applicable against petitioners, that real actions over an immovable prescribe after 30 years, that ownership can be acquired thru possession in good faith and with just title for a period of 10 years, and that ownership may be acquired thru uninterrupted adverse possession for 30 years without need of just title or of good faith. The Court of Appeals (CA) af? rmed that of the trial court, thus, this petition for review on certiorari. ISSUE: Whether or not the equitable doctrine of laches may override a provision of the Land Registration Act on imprescriptibility of title to registered land. Otherwise put, the issue raised is whether prescription and the equitable principle of laches are applicable in derogation of the title of the registered owner. HELD: A party who had ? led immediately a case as soon as he discovered that the land in question was covered by a transfer certi? cate in the name of another person is not guilty of laches. (St. Peter Memorial Park, Inc. v. Cleofas, 92 SCRA 389 [1979]). An action to recover possession of a registered land never prescribe in view of the provision of Sec. 44 of Act 496 (now 6 CIVIL CODE OF THE PHILIPPINES Art. 1106 Sec. 47 of PD 1529) to the effect that no title to registered land in derogation to that of a registered owner shall be acquired by prescription or adverse possession. (J. M. Tuason Co. v. Aquirre, 7 SCRA 109 [1963]). In fact, there is a host of jurisprudence that hold that prescription and laches could not apply to registered land covered by the Torrens system. (Bishop v. CA, 208 SCRA 636 [1992] and St. Peter Memorial Park, Inc. v. Cleofas, supra). With more reason are these principles applicable to laches, which is an equitable principle. Laches may not prevail against a speci? c provision of law, since equity, which has been de? ned as â€Å"justice outside legality† is applied in the obscene of and not against statutory law or rules of procedure. (Causapin v. CA, 233 SCRA 615 [1994]). Upon the other hand, the heirs of the registered owner are not estopped from claiming their father’s property, since they merely stepped into the shoes of the previous owners. Prescription is unavailing not only against the registered owner, but also against his hereditary successors because the latter merely step into the shoes of the decedent by operation of law and are merely the continuation of the personality of their predecessorin-interest. (Teo? la de Guinoo v. CA [97 Phil. 235] and Gil Atun v. Eusebio Nunez [97 Phil. 762]). The CA erred in ordering the Register of Deeds to cancel OCT 206 of Claro Mateo and issue new titles to those who are occupying the subject land. This violates the indefeasibility of a Torrens title. The title of Claro Mateo could be cancelled only if there is competent proof that he had transferred his rights over the parcel of land to another party, otherwise title would pass to his heirs only by testate or intestate succession. The fallo: The Supreme Court thereupon reverses the CA’s decision. In lieu thereof, the Court remands the case to the trial court for determination of the heirs of Claro Mateo in a proper proceeding. Far East Bank Trust Co. v. Estrella O. Querimit GR 148582, Jan. 16, 2002 FACTS: Respondent deposited her savings with petitionerbank. She did not withdraw her deposit even after maturity date 7 Art. 1106 CIVIL CODE OF THE PHILIPPINES of the certi? cates of deposit (CDs) precisely because she wanted to set it aside for her retirement, relying on the bank’s assurance, as re? ected on the face of the instruments themselves, that interest would â€Å"accrue† or accumulate annually even after their maturity. Petitioner-bank failed to prove that it had already paid respondent, bearer and lawful holder of subject CDs, i. e. , petitioner failed to prove that the CDs had been paid out of its funds, since evidence by respondent stands unrebutted that subject CDs until now remain unindorsed, undelivered, and unwithdrawn by her. ISSUE: Would it be unjust to allow the doctrine of laches to defeat the right of respondent to recover her savings which she deposited with the petitioner? HELD: Yes, it would be unjust not to allow respondent to recover her savings which she deposited with petitioner-bank. For one, Petitioner failed to exercise that degree of diligence required by the nature of its business. (Art. 1173). Because the business of banks is impressed with public interest, the degree of diligence required of banks is more than that of a good father of the family or of an ordinary business ? rm. The ? duciary nature of their relationship with their depositors requires banks to treat accounts of their clients with the highest degree of care. (Canlas v. CA, 326 SCRA 415 [2000]). A bank is under obligation to treat accounts of its depositors with meticulous care whether such accounts consist only of a few hundred pesos or of millions of pesos. Responsibility arising from negligence in the performance of every kind of obligation is demandable. (Prudential Bank v. CA, 328 SCRA 264 [2000]). Petitioner failed to prove payment of the subject CDs issued to respondent and, therefore, remains liable for the value of the dollar deposits indicated thereon with accrued interest. A certi? cate of deposit is de? ned as a written acknowledgment by a bank or banker of the receipt of a sum of money on deposit which the bank or banker promises to pay to the depositor, to the order of the depositor, or to some other person or his order, whereby the relation of debtor and creditor between the bank and the depositor is created. Principles governing other 8 CIVIL CODE OF THE PHILIPPINES Art. 1106 types of bank deposits are applicable to CDs (10 AM Juri 2d Sec. 455), as are the rules governing promissory notes when they contain an unconditional promise to pay a sum certain of money absolutely. (Ibid. , Sec. 457). The principle that payment, in order to discharge a debt, must be made to someone authorized to receive it is applicable to the payment of CDs. Thus, a bank will be protected in making payment to the holder a certi? cate indorsed by the payee, unless it has notice of the invalidity of the indorsement or the holder’s want of title. (10 Am Jur 2d Sec. 461). A bank acts at its peril when it pays deposits evidenced by a CD, without its production and surrender after proper indorsement. (Clark v. Young, 21 So. 2d 331 [1994]). The equitable principle of laches is not suf? cient to defeat the rights of respondent over the subject CDs. Laches is the failure or neglect, for an unreasonable length of time, to do that which, by exercising due diligence, could or should have been done earlier. It is negligence or omission to assert a right within a reasonable time, warranting a presumption that the party entitled to assert it either has abandoned it or declined to assert it. (Felizardo v. Fernandez, GR 137509, Aug. 15, 2001). There is no absolute rule as to what constitutes laches or staleness of demand; each case is to be determined according to its particular circumstances. The question of laches is addressed to the sound discretion of the court and, being an equitable doctrine, its application is controlled by equitable considerations. It cannot be used to defeat justice or perpetrate fraud and injustice. Courts will not be guided or bound strictly by the Statute of Limitations or the doctrine of laches when to do so manifest wrong or injustice would result. (Rosales v. CA, GR 137566, Feb. 28, 2001). Respondent is entitled to moral damages because of the mental anguish and humiliation she suffered as a result of the wrongly refusal of petitioner to pay her even after she had delivered the CDs. (Arts. 2217 and 2219). In addition, petitioner should pay respondent exemplary damages which the trial court imposed by way of example or correction for the public good (Art. 2229). Finally, respondent is entitled to attorney’s fees since petitioner’s act or omission compelled her to incur expenses to 9 Art. 1106 CIVIL CODE OF THE PHILIPPINES protect her interest making such award just and equitable. (Art. 2208). Development Bank of the Phils. v. CA Carlos Cajes GR 129471, Apr. 28, 2000 FACTS: Petitioner ? led an ejectment suit against private respondent, claiming ownership of a parcel of land covered by a TCT, which included the 19. 4 hectares being occupied by the latter. The trial court declared petitioner to be the owner of the land, but the Court of Appeals (CA) reversed the trial court. On appeal, petitioner claimed that its predecessor-in-interest had become the owner of the land by virtue of the decree of registration in his name. The Supreme Court af? rmed the CA. HELD: Taking into consideration the possession of his predecessor-in-interest, private respondent had been in uninterrupted adverse possession of the land for more than 30 years prior to the decree of registration issued in favor of petitioner’s predecessor-in-interest. Such possession ripened into ownership of the land thru acquisitive prescription, a mode of acquiring ownership and other real rights over immovable property. A decree of registration cut off or extinguished a right acquired by a person only when such right refers to a lien or encumbrance on the land which was not annotated on the certi? cate of title issued thereon, but not to the right of ownership thereof. Registration of land does not create a title nor vest one. Accordingly, the 19. 4 hectares of land being occupied by private respondent must be reconveyed in his favor. (11) Presumptive Period re Ill-Gotten Wealth or ‘Behest’ Loans Presidential Ad Hoc Fact-Finding Committee on Behest Loans v. Aniano A. Desierto (Recovery of Ill-Gotten Wealth) GR 130340, Oct. 25, 1999 114 SCAD 707 Behest loans, which are part of the ill-gotten wealth which former President Ferdinand E. Marcos and his cronies accumulated and which the Government thru the Presidential 10 CIVIL CODE OF THE PHILIPPINES Art. 1107 Commission on Good Government (PCGG) seeks to recover, have a prescriptive period to be counted from the discovery of the crimes charged, and not from the date of their commission. If the commission of the crime is known, the prescriptive period shall commence to run on the day it was committed. The prosecution of offenses arising from, relating or incident to, or involving ill-gotten wealth contemplated in Sec. 15, Art. XI of the Philippine Constitution of 1987 may be barred by prescription. Said provision applies only in civil actions for recovery of ill-gotten wealth, and not to criminal cases. Art. 1107. Persons who are capable of acquiring property or rights by the other legal modes may acquire the same by means of prescription. Minors and other incapacitated persons may acquire property or rights by prescription, either personally or through their parents, guardians or legal representatives. COMMENT: (1) Who May Acquire Property or Rights by Prescription (a) those who can make use of the other modes of acquiring ownership. (b) even minors and other incapacitated persons (like the insane). (2) Reason for Par. 1 (Those Capable of Acquiring Property or Rights Thru the Other Modes) Since prescription is also a mode of acquiring ownership, it follows that if a person is capable of becoming an owner by the other legal modes, he should also be capable of acquiring the same property by prescription. Thus, if a person can become an owner by donation, he can also become an owner by prescription. (3) Query (Re Donation by Paramour) A husband cannot validly receive a donation from a paramour. Now then, can he acquire by prescription the property donated to him by the paramour? 11 Art. 1108 CIVIL CODE OF THE PHILIPPINES ANS. : Yes, but only by extraordinary prescription (not ordinary prescription) since he would be lacking the element of â€Å"just title. † There would be no â€Å"just title† because under the law, they are incapacitated to donate to each other. (See Art. 739, Civil Code). Note that even if a donation is VOID, it may constitute the legal basis for adverse possession. (See Tagalgal v. Luega, CA-GR 19651-R, Feb. 19, 1959). (4) Reason Why Minors May Acquire Personally This is because only juridical capacity is required for possession, not capacity to act. Thus, even discernment of intent to possess is not required for such personal acquisition. This is so because the law makes no distinction. Art. 1108. Prescription, both acquisitive and extinctive, runs against: (1) Minors and other incapacitated persons who have parents, guardians or other legal representatives; (2) Absentees who have administrators, either appointed by them before their disappearance, or appointed by the courts; (3) Persons living abroad, who have managers or administrators; (4) sions. Juridical persons, except the State and its subdivi- Persons who are disquali? ed from administering their property have a right to claim damages from their legal representatives whose negligence has been the cause of prescription. COMMENT: (1) Persons Against Whom Prescription May Run (a) The Article enumerates four such groups. (b) Reason for Pars. 1, 2, and 3: These people are supposed to be protected by those in charge. If they are not properly protected thru the lat12 CIVIL CODE OF THE PHILIPPINES Art. 1109 ter’s negligence, a claim for damages against the latter can prosper. (2) Query (Re Minors Without Parents, etc. ) Suppose the minors or the insane persons have no parents or legal representatives, does prescription run against them? ANS. : While the Article seemingly implies that in such a case, prescription should not run against them, it is believed that Secs. 42, 45, and 46 of Act No. 190 (the Code of Civil Procedure) can apply to them, since implied repeals are not looked upon with favor. Thus, prescription can still run against minors, the insane, and those in jail, except that these people may still bring the action within a number of years after their disability has been removed: (a) 3 years — in case of recovery of land (b) 2 years — in other civil actions These saving clauses are in line with some saving clauses provided for minors and the incapacitated under the New Civil Code. (See, for example, Art. 285 with respect to the right of a natural child to compel recognition after the parent’s death, if the parent dies while the child was still a minor). If the minor has a guardian, there is NO DOUBT that prescription runs against him even during minority. (See Wenzel, et al. v. Surigao Consolidated Mining Co. , L-10843, May 31, 1960). (3) State and Its Subdivisions No prescription can run against them, except with reference to patrimonial property. (See Art. 1113, Civil Code). Art. 1109. Prescription does not run between husband and wife, even though there be a separation of property agreed upon in the marriage settlements or by judicial decree. Neither does prescription run between parents and children, during the minority or insanity of the latter, and between guardian and ward during the continuance of the guardianship. 13 Art. 1109 CIVIL CODE OF THE PHILIPPINES COMMENT: (1) No Prescription Between Husband and Wife (a) Reason for the law — The close relationship between them, engendered by affection or in? uence, may prevent one from suing the other. Hence, the general rule is — NO PRESCRIPTION. (NOTE: The Article was applied in Toriba Fontanilla Pacio, et al. v. Manuela Pacio Billon, et al. , L-15088, Jan. 31, 1961). (b) Note that there is no prescription even if there has been a â€Å"separation of property,† for the same reluctance to sue each other may still exist. (c) Query — Suppose the â€Å"separation of property† is the consequence of legal separation, does prescription run? ANS. : It is believed that prescription will also not run, for the law does not distinguish. After all, here, the â€Å"separation of property† would be â€Å"by judicial decree. † (d) Exceptions — when prescription is speci? cally provided for by law, such as: 1) the prescriptive period for legal separation suits (Art. 120, Civil Code); 2) alienations made by the husband, without the wife’s consent. (Art. 173, Civil Code). (2) Between Parents and Children (a) No prescription shall run between them during the MINORITY or INSANITY of the latter. A sensu contrario prescription runs if the legal disability does not exist anymore. (b) As a general rule, even if the child is neither insane nor incapacitated, an adverse possession cannot be predicated on the possession of the parent as against the child, or in the possession of the child as against its parent. Thus, where a father became insane, and one of his sons managed the 14 CIVIL CODE OF THE PHILIPPINES Arts. 1110-1111 farm during the rest of his father’s lifetime and remained in possession of it for the statutory period, it was held that these facts alone did not warrant the presumption of a conveyance to the son by the father or of a release to him by the other heirs subsequent to their father’s death. (1 Am. Jur. 807 and Director of Lands v. Abiertas, 44 O. G. 923). (3) Between Guardian and Ward No prescription runs between them during the continuance of the guardianship. This is so even if the guardian expressly repudiates the guardianship (without court approval); otherwise, the trust relationship would be rendered nugatory. Art. 1110. Prescription, acquisitive and extinctive, runs in favor of, or against a married woman. COMMENT: Prescription in the Case of a Married Woman This Article refers to a married woman and a stranger. Art. 1111. Prescription obtained by a co-proprietor or a co-owner shall bene? t the others. COMMENT: (1) Prescription Obtained by Co-Proprietor or Co-Owner Reason: In a sense, a co-owner or co-proprietor acts for the interest of the whole co-ownership. Similarly, an action for ejectment may be brought by just one of the co-owners. (See Art. 487, Civil Code). [NOTE, however, that as between or among co-owners, there can be prescription when there is a de? nite repudiation of the co-ownership, made known to the other co-owners. (Laguna v. Levantino, 71 Phil. 566). ] 15 Art. 1112 CIVIL CODE OF THE PHILIPPINES (2) Limitation The prescription obtained by a co-owner must have reference to the property held in common, naturally; otherwise the Article does not apply. Art. 1112. Persons with capacity to alienate property may renounce prescription already obtained, but not the right to prescribe in the future. Prescription is deemed to have been tacitly renounced when the renunciation results from acts which imply the abandonment of the right acquired. COMMENT: (1) Requisites for Renunciation of Property Acquired by Prescription (a) Renouncer must have capacity to alienate property (because renunciation is an exercise to the jus disponendi). (b) The property acquired must have already been obtained (hence, the right to prescription in the future cannot be renounced, since manifestly, this would be contrary to public policy). (c) The renouncing must be made by the owner of the right (not by a mere administrator or guardian, for he does not own the property). (d) The renouncing must not prejudice the rights of others, such as creditors. (Arts. 6, 1114, Civil Code). (2) Form (a) may be express or implied (tacit) (b) requires no consent on the part of the person to be bene? ted (c) requires no solemnities or formalities (3) Implied or Tacit Renunciation There is tacit renunciation when there is an action which implies the abandonment of the right acquired. 16 CIVIL CODE OF THE PHILIPPINES Art. 1113 Example: Sonia formerly owed Esperanza but the debt has already prescribed. (a) If Sonia, knowing that the debt has prescribed, nevertheless still acknowledges the existence of the debt and promises to pay for it, there is an implied renunciation of the prescription. She still has a civil obligation. (b) If Sonia, knowing that the debt has prescribed, nevertheless voluntarily pays the debt, she cannot recover what she had paid. This would be a natural obligation. (c) If Sonia, not knowing that the debt has prescribed pays it, there is no renunciation of the prescription; and she can still recover on the basis of solutio indebiti. ILLUSTRATIVE CASE: If a taxpayer, complaining repeatedly against a tax assessment, makes several requests for a reinvestigation thereof, he may be said to have WAIVED the defense of prescription. (Yutivo Sons Hardware Co. v. Ct. of Tax Appeals Collector of Int. Rev. , L-13203, Jan. 28, 1961). Art. 1113. All things which are within the commerce of men are susceptible of prescription, unless otherwise provided. Property of the State or any of its subdivisions not patrimonial in character shall not be the object of prescription. COMMENT: (1) Things That May Be Acquired by Prescription Generally — all things within the commerce of man. (2) Patrimonial Property (a) By implication under this Article, patrimonial property of the State or any of its subdivisions may be acquired by prescription. (b) While it may be claimed that a direct and clear provision (Art. 1108, Civil Code — which says that prescription does not run against the State or any of its subdivisions) prevails 17 Art. 1113 CIVIL CODE OF THE PHILIPPINES over an implication (Art. 1113, Civil Code), still when we consider the intent of Congress in inserting the phrase â€Å"not patrimonial in character† in the original draft submitted by the Code Commission, it is clear that patrimonial property may indeed be the subject of prescription. This is so because patrimonial properties are really in the same category as private properties. (3) No Prescription With Respect to Public Property Public property, however, cannot be the subject of prescription. This rule applies even to privately owned unregistered lands which, unless the contrary is shown, are presumed to be public lands, under the principle that â€Å"all lands belong to the Crown unless they had been granted by the King (State) or in his name, or by the Kings who preceded him. † (Valenton v. Murciano, 3 Phil. 53). However, the rule just stated cannot be altogether in? exible, as witnessed, for example, by the presence of Rep. Act 1942 (approved June 22, 1957), amending Sec. 48(b) of the Public Land Act (Com. Act 141). Thus, as amended by RA 1952, Sec. 48 of CA 141 now reads as follows: â€Å"Section 48. The following described citizens of the Philippines occupying lands of the public domain or claiming to own any such land or an interest therein, but whose titles have not been perfected or completed, may apply to the Court of First Instance of the province where the land is located for con? rmation of their claims and the issuance of a certi? cate of title therefor, under the Land Registration Act, to wit: xxx â€Å"b) Those who by themselves or through their predecessors in interest have been in open, continuous, exclusive and notorious possession and occupation of agricultural lands of the public domain, under a bona ? de claim of acquisition of ownership, for at least thirty years immediately preceding the ? ling of the application for con? rmation of the title except when prevented by war or force majeure. These shall be conclusively presumed to have performed all the conditions essential to a Government grant, and shall be entitled to a certi? cate of title 18 CIVIL CODE OF THE PHILIPPINES Art. 1114 under the provisions of this chapter (the chapter deals with judicial con? rmation of imperfect or incomplete titles). † (NOTE: However, under RA 107, the deadline of the application was only up to Dec. 31, 1957. ) (4) Some Doctrines (a) A ? shpond constructed in the Bambang River can be ordered removed by the government, regardless of the number of years that have elapsed since the construction of said ? shpond, inasmuch as a river, or a portion thereof, is property o

College Essay Help

College Essay Help College Essay Help Can style be taught? Style is your way of writing - the expression of your personality as an essay writer. Style can also be defined as writing that expresses or carries the voice of the author without which essay writing is dead. Sometimes, the style of college essay writer's is so strong that the tutor can recognize it without knowing the identity of the author. Many students ask whether essay style can be taught. In at least one fundamental sense, essay style is elusive in much the same way as rhythm or good taste or passion is elusive. Every student possesses his own writing style; however, not every student is able to write a good essay.College essays are interesting to write, however, college essay writing is a challenge. We hope that the below tips and other articles under this section will help you learn something useful about writing college essay. College Essay Online There are two cardinal rules to improve and develop college essay writing style: by writing (regular writing) by developing an awareness of the style of others (reading and studying the essays of others) Read the following specific strategies for developing your own college essay writing style: expose yourself to things you want to write about read widely (not just one author) mark passages that please you and reread them, noting why they please you underscore the good figures of speech, count their frequency and taste their flavor Ordering college essay online, an experienced writer will adjust his own writing style to meet the requirements of your tutor. In addition, placing an order at .com, you are welcome to upload a sample of your writing and our writer will definitely take it into account. College essay help we provide is of high academic standard. We deliver only custom written college essays and we are never late with delivery: College Essay Help Prior to writing college essay, examine the below principles of style. aim for simplicity avoid trite phrases and cliches use figures of speech appropriately avoid euphemisms, slang and colloquialisms choose your words carefully (seek the right word; avoid rare and difficult words) avoid repeating key words (unless for emphasis or effect) avoid redundancy use alliteration keep sentences as short as possible develop a feel for rhythm be original is your chance to get a college essay help of truly high academic level. We have developed an advance plagiarism detecting system and provide free plagiarism report to prove authenticity of your college essay. Read more: Analysis Case Studies Editing Paper Term Malayalam Essays Literary Essay Hamlet Essay on Poverty

The ULTIMATE Guide to KDP How to Succeed on Kindle Direct Publishing

The ULTIMATE Guide to KDP How to Succeed on Kindle Direct Publishing The Ultimate Guide to KDP: How to Succeed on Kindle Direct Publishing What do Andy Weir and Luke Jennings have in common? Not much - at least until self-publishing through Amazon changed their lives. Jennings, with his Booker Prize nomination, already belonged in the writerly mainstream. Weir, on the other hand, wrote code before he ever wrote novels, learning C as a teenager to work with combustion researchers.Since then, both have released books through Amazon’s self-publishing platform, Kindle Direct Publishing. Jennings’ novella, Codename Villanelle, became the basis for the acclaimed BBC thriller Killing Eve. Weir, meanwhile, saw his first novel, The Martian, turned into a Matt Damon blockbuster by the same name.Amazon turned a journalist and a programmer into international publishing sensations. Want to succeed on KDP like they did? Let’s take a look at everything you’d need to do to make this powerful sales platform work for you. Before we're done, we'll turn the killer book you wrote into a self-published bestseller . How do you turn the book you wrote into a self-published bestseller? How to sell ebooks on AmazonYou’re here because you want to sell as many copies of your book as possible. You might think that’s easier said than done. But truthfully, the formula behind making book sales is simple: Traffic x Conversion = Sales.Traffic gets eyeballs on your book, while conversion turns those gawkers into buyers. On its own, traffic does nothing for your bottom line. Every internet-user in California could find your book page in the same afternoon, but their 18 million clicks will only frustrate you if none of those virtual window-shoppers turns into an actual shopper. On the flip side, you might have a book page so bewitching that everyone who finds it compulsively mashes the orange buy button. But if only three people ever stumble on your page, your black-magic conversion rate still only nets you three sales.Both factors go into making sales. But on Amazon specifically, conversion is more important. You see, Amazon, on top of being a search engine, is also a book recommendation tool. It makes and sends book suggestions to users based on their browsing and shopping history. Most huge Amazon success stories happened because, at some point, Amazon started marketing their book for them. So how can you get them to do the same for your book?Well, Amazon has the same goal as you: selling books. The more books they sell to its users, the happier they'll be. So when their algorithms have a choice between promoting two books with a similar sales history, Amazon will naturally favor the one with greater on-page conversion. They know the extra traffic they send to that book page will turn into more sales than the other book.As a result, one of the worst things that can happen to an author on Amazon is to get a lot of traffic with very poor conversion. This will immediately flag the book to Amazon's algorithms as a "loser," and it'll never get recommended.So in short, on Amazon, conversion is even more important than traffic which is why you must, first and foremost, focus on optimizing your KDP book's Amazon product pages.Optimizing your KDP book’s Amazon product pageNow, let’s talk about how you get the sky-scraping conversion rate of your dreams. Youà ¢â‚¬â„¢ll need an Amazon product page that tempts viewers into hitting â€Å"Buy now with 1-Click.† Remember that workplace cliche about dressing for the job you want and not the job you have? While we don’t recommend aping your boss’s favorite suit, this principle does apply to maximizing conversion on your product page.To be a bestseller, your book should look like a bestseller. That means dressing your words up in the right packaging, so they seem worthy of book club adulation and blogosphere hype. To achieve that, you’ll need to optimize your product page with three things:A polished cover;A punchy description; andBook reviews.As a bonus, set up an author page on Amazon Central with a bio that tells your story as engagingly as possible.1. Create a polished coverSay I'm a bookworm shopping for my next read. As a huge fan of Ender’s Game, I want something in the same vein, so browse around the Kindle Store. Do you know how many books there are in that Military Science Fiction category? More than 20,000.A lot of these might be self-published, but a good number of them also come from traditional publishing companies. These industry behemoths have four-figure design budgets and will producing pixel-perfect book covers. 3. Leverage your existing audienceThis one’s pretty obvious. If you have an existing audience - whether that’s a sizable mailing list, thousands of Twitter followers, or a horde of disciples who follow you wherever you go - let them know about your book.Unless, and we can’t stress this enough, your existing audience doesn’t read in your genre. Make sure you don’t t pollute your Also Boughts!4. Cross-promote with other authorsA great way to reach new readers is to cross-promote with other authors.   Plenty of indie authors do that through newsletter swaps: you promote their new release to your mailing list, and they do the same for you when you launch your book.Of course, this only works if you have a mailing list. So if you don’t, you know what you should do next.5. AdvertiseAnother sure-fire to reach new readers? Leverage the three main advertising platforms that have proven successful for authors selling their books:Facebook advertising : take our free course here;Amazon advertising: yep, we also have a free course for those;Bookbub advertising: I’ll let you guess where this link will take you.Amazon ads can be pretty effective at providing a solid baseline of sales - even at full-price. But Facebook and BookBub will work much, much better if your book is discounted (or free), and they are also a lot easier to scale.If this is your first time publishing a book, don’t worry: you don’t need to do all these things. You just need to plan your launch well, and try at least some of these tactics.And remember, if you want an experienced professional to help you along the way, we’ve handpicked specialist book marketers on Reedsy who do just that. So don’t hesitate to get in touch and ask them for a quote!Have you joined the ranks of indie authors publishing through KDP? What do you wish you’d known before you started? Tell us about your experiences or drop some pearls of wisdom be low!

Transnational Actors influences on World Politics Essay

Transnational Actors influences on World Politics - Essay Example This article approves that international bodies and nation-states must usually obtain the feedback of monitoring missions and vital facts about world politics from transnational agencies and INGOs, because states are effective only within their borders due to the doctrine of non-meddling in internal affairs of other states. This is especially true without binding resolutions of international bodies such as the United Nations Security Council and the European among others. Transnational actors may be ineffective in setting the agenda for norm creation around the world or in particular economic regions due to the varying political will among the affected member states. As a consequence, the basic things needed to create effective international agreements with and across state actors normally become long-drawn and, thus, the role of transnational actors seems to be less effective. This paper makes a conclusion that owing to the inexorable role of nation-states in the world politics, it behooves transnational actors to work with states and even persuade them to adopt internationally accepted norms. The working relationship is, however, not smooth due to the varying priorities of each of the two organizations. For example, nation-states would rather observe national security over human rights. Regardless, transnational actors owe their success in fighting global problems to massive lobbying of the local societies of great powers such as the United States, to in turn buy the agenda and present it to the international community for passage and enactment.

Career Management Plan Assignment Example | Topics and Well Written Essays - 1000 words

Career Management Plan - Assignment Example My Career management Plan sets the timeline for achieving this objective by 30th January 2017. While this may be quite an ambitious goal especially when looking at the timeline, my passion for this career path propped by my personality and academic background would play a pivotal role in safeguarding the achievement of the goal. With a thirteen years’ experience and training in animal control, animal handling, animal control code enforcement and supervision, it is imminent that I have the requisite skills, abilities and knowledge for the job. However, this does not undermine the fact that more learning and experience in varied capacities is required to achieve my career objective. Nevertheless, in my 13 years’ experience, I have found out that I derive immeasurable satisfaction in enforcing the provisions of all the applicable ordinances, laws, codes and regulations pertaining to animal control as well as initiating the necessary actions in order to correct violations a nd deviations. My passion for overseeing the compliance of animal control regulations has informed my desire and goal of being a Chief Animal Control Officer by the end of January 2017. Interim Goals My career plan, goals, and objectives are set upon a number of interim goals. The interim goals aid in the pursuit of my career aim of becoming a Chief Animal Control Officer. In essence, my first interim career goal is to possess and maintain a valid Animal Control Enforcement Certification from my state. This will aid in attaining the necessary requirement in my department for becoming a Chief Animal Control Officer. In addition, it would set me on the right path of my career by differentiating my roles in line with the career. My second interim goal would be possession and maintenance of a valid Euthanasia Certification. With this certification, the roles and responsibilities that will be assigned even in my current position will be more in line with my career. My third interim goal is to obtain and maintain a valid Chemical Immobilization Certification from the Drug Enforcement Agency. This is not only a requirement in my Department for anyone who aims at [performing duties and responsibilities in animal control field, but also complements my two previous goals. My fourth interim objective is to play a greater role in the supervision and motivation of subordinates. This interim goal aims at outlining my initiative and passion as an individual in safeguarding quality service provision in the department. In essence, this will be combined with training my subordinates on the various aspects of the animal control field. This would allow for the growth of more enhanced interaction and communication skills necessary in my career as Chief Animal Control Officer. My fifth interim objective is to gain experience as Animal Control Officer in line with the basic animal control course taken. This is in line with obtaining a driver’s license which would enhance my c apacity to execute my duties and responsibilities as Chief Animal Control Officer. In essence, this is the initial step taken by individuals who aim at becoming a Chief Animal Control Officer. Resources Needed There are variations as to the resources required to meet the interim goals, as well as the ultimate goal. The first interim goal will require that I relocate to West Virginia

Auditory System Essay Example for Free

Auditory System Essay The world contains all kinds of energy that translates into information about what we see, hear, smell, touch and taste. A sensory system is a part of the nervous system responsible for processing specific sensory information. The components of a sensory system include sensory receptors, neural pathways, and parts of the brain involved in sensory perception. To begin, energy from the environment stimulates the receptor cells in whichever sense organ is being used. If this information were auditory, the ear would convert sound waves in the air into electrical impulses that would further be interpreted by the brain as sound. A sound wave first enters the pinna, the fleshy part of the ear on the outside of the body. It then travels through the external auditory canal where it then meets the eardrum, a thin membrane in the outer ear. The eardrum then vibrates in response to the sound wave. What we hear will depend on the wavelength and frequency of the wave. The eardrum is connected to a group of three small bones call â€Å"the ossicles† in the middle ear. This group includes the malleus, incus and the stapes. These three bones, the smallest in the human body, protect the eardrum from more intense sounds and also deliver the vibrations to the base of the stapes. The stapes then sends the vibrations into the inner ear and interacts with the round window. The round window, a small membrane that allows liquid inside the inner ear to be displaced and receive the vibration. The vibration travels through the spiral structure of the inner ear called the cochlea and ends at the round window. Inside the cochlea there are three canals: the scala vestibuli, the scala media and the scala tympani. The scala vestibule leads up to the apex of the cochlea, the scala tympani leads down to the round window and the scala media sits in between the other two canals. All of these canals are filled with fluid and are separated by two different membranes; Reissner’s membrane and the Basilar membrane. Both of these membranes are flexible and respond to the vibrations traveling through the scala vestibuli. The movements of the membranes then send the vibrations down the scala tympani. A structure called the Organ of Corti, which is situated on the basilar membrane, becomes stimulated as the membrane vibrates and sends nerve impulses to the brain. Within the Organ of Corti are a group of specialized cells called hair cells, which are covered by the tectorial membrane. As the basilar membrane vibrates, the hair cells are bents and push up against the tectorial membrane. This causes the hair cells to fire and send nerve impulses to the auditory cortex on each of the brains hemispheres through the cochlear nerve. How we determine pitch can be explained with two different theories. The Place Theory states that the entire basilar membrane does not vibrate at once so different parts of the basilar membrane respond to different frequencies of sound. Lower frequency sounds vibrate the basilar membrane near the apex of the cochlea while higher frequency sounds produce vibrations closer to the base. The Frequency Theory states that the frequency of firing matches the frequency of the sound wave. Hearing loss can occur for a number of reasons. Damage to the eardrum due to age and prolonged exposure to loud noise may cause the hairs or nerve cells in the cochlea to wear out and become less effective. A buildup of earwax can block the ear canal and prevent of sound waves from entering the eardrum. Otosclerosis, a genetic form of hearing loss in which the stapes is fixed in place so sound cannot enter the inner ear.

Adultery Explored in The Scarlet Letter Essay -- The Scarlet Letter Es

That Nathaniel Hawthorne to chose such a controversial topic as adultery for The Scarlet Letter, his nineteenth century novel of "seventeenth century sexual repression and hypocrisy" (Zabarenko PG), demonstrates a delicate yet changing climate with regard to infidelity. Historically, carrying on an adulterous affair back in such an era of Puritanism and traditional values was not taken lightly; in fact, by today's standards, such horrific treatment for what is now considered an everyday occurrence was more harsh than murders suffer by current standards. Those who acted out of the vows of matrimony centuries ago, as Hester Prynne did in The Scarlet Letter, paid a high price for their momentary pleasures of the flesh. In those days, the Puritans saw to it that such a crime was "punishable by death" (Zabarenko PG); behavior so unbecoming of a religious devotee deserved no less. However, Prynne escaped such a fate when she did the unthinkable: she chose to sleep with a "self-righteous" (Zabarenko PG) priest who ultimately fathered her child. After her adulterous affair was discovered, Prynne's punishment of wearing a red A on her bodice acted as a vivid reminder to all who saw her. Yet human beings were still human beings even back then -- it is just that extramarital affairs were not looked upon as an acceptable activity. While they are not exactly condoned within today's society, there has been a remarkable change in attitude toward the punishment of such sexual indiscretions compared to those of Hawthorne's time period. "What people are saying is that this is wrong but the temptation is great and it's part of being human that we fall into temptation. The extra thing about adultery is that if a person admits they were wron... ...oes nothing more than eat away at his heart and soul. Had they known of his participation, the townspeople would have relished the thought of such suffering. Clearly, tolerance towards such acts of the flesh was not welcome in the time of The Scarlet Letter. In an oppressed, emotionally smothered community as theirs, it is no surprise they were unable to see past the adultery and into the true love that had captured the characters. WORKS CITED Barna, Mark Richard. "Nathaniel Hawthorne And The Unpardonable Sin.," The World & I, (1998) : vol. 13, pp. 324. Grenier, Richard. "The Scarlet Letter Takes Liberties With History, Sin.," The Washington Times, (1995) : pp. PG. Hawthorne, Nathaniel. "The Scarlet Letter." (New York: Bantam Books, 1986). Zabarenko, Deborah. "U.S. Obsession With Adultery Harks Back To Puritans.," Reuters, (1997) : pp. PG.

Democratic Leadership Essay

Explain what is meant by democratic leadership. Evaluate the effectiveness of employing a democratic leadership style on the success of Harrods. Use E-library sources to find another example that had also been successful using a democratic leadership style. Democratic leadership style is an open and collegial style where ideas between the leaders and the subordinates flow freely as the discussions are held in an open manner and where all members opinions are respected. It’s often participative and involves employees in the decision making process. It involves the redistribution of power and authority between employees and managers to provide employee involvement in decision-making. The following features characterize democratic leadership: †¢Distribution of responsibility: A manager that leads democratically will distribute responsibility among his group to facilitate participation in decision-making. †¢Empowering group members: Leaders must empower their members so that the members can accomplish their responsibilities. Empowerment includes providing training and education necessary for delegated task completion. †¢Aiding group decision-making process: A major role of a democratic leader is to ensure democratic deliberation in making group decisions. This means that a leader should act as a facilitator and mediator between group members and ensure that a psychologically healthy and respectful environment is maintained. Advantages of Democratic leadership: †¢Democratic leadership techniques generally will do a better job creating job satisfaction because it fosters a sense of participation, control and autonomy. †¢Greater employee participation in decision-making may also lead to greater innovation and creative solutions to problems that will better serve an organization. Disadvantages of Democratic leadership: †¢It may not be as efficient as a more traditional centralized and authoritarian form of direction. †¢It may be more costly to the organization in time and resources. †¢Accountability may sometimes present a problem. Employing democratic leadership at Harrods has the following advantages: †¢Employees felt that they are more important to doing the job as they have been given more responsibilities and methods to share their opinions. †¢The pressure has been reduced from mangers as they delegated more responsibilities to employees and were left out with more strategic decisions to be made. †¢Performance at Harrods have increased because the employees felt that they are more important and have more self-confidence. †¢The workflow of departments became more fluent as the department heads and employees have a degree of freedom to make decisions. The only disadvantage was that top management has lost some of its powers over the employees, but the overall benefits exceeds the cost which acts in favor of Harrods management. Another example of Democratic leadership company is Apple as it gives its employees the freedom to make decisions and to be creative in the workplace.

Hayao Miyazaki’s Spirited Away and Japaneseness Essay

Japan is a country rich in tradition and culture. Hayao Miyazaki, the face of Japanese anime film world wide, has displayed this culture and Japanese value(s) throughout his career in many of his films. Spirited Away (2001) is arguably his most famous and successful film to date. Throughout the film, there are numerous displays of â€Å"Japaneseness.† The themes present in the film represent the value structure, and what Japan sees as important among its history and tradition. Hayao Miyazaki was born in Tokyo, Japan in 1941. His father was an executive member of the family company, Miyazaki Aircraft, at which he helped build military aircraft parts during WWII. As a result, his family found ease with the great wealth that they shared in, which young Miyazaki was sometimes troubled by. He felt guilty for living well during a period in time where many Japanese were suffering at the hands of the war (MacWilliams and Schodt 256). He graduated university with a degree in political science and economics, which heightened his understanding of the distressed Japanese economic climate. This expertise, coupled with his childhood guilt, would lead him to write certain subject matter into many of his films. In 1985, Miyazaki joined forces with fellow anime director and writer, Isao Takahata, to create Studio Ghibli (Napier). The studio went on to produce some of the most popular animated films to come out of Japan –including Miyazaki’s masterpiece, Spirited Away. Studio Ghibli, and specifically, Mr. Miyazaki’s work, has been compared to America’s Walt Disney Studios, and has even been unofficially dubbed â€Å"Disney of Japan† and â€Å"Disney of the East† by some fans and critics. â€Å"Miyazaki’s films do not operate on Hollywood logic, and his storytelling style may seem strange, even frustrating to a Western audience brought up on Disney†¦the fantastic is more accepted in Japanese culture than it is in the Western world, which carries the heritage of the Enlightenment in its psyche† (Baskan). Miyazaki  has become the well-known face of fantastical anime film across the globe. He integrates Japanese spiritual beliefs and culture in all his films in such a way that his characters and themes surpass ethnic borders and resonate with all viewe rs. His most famous film, Spirited Away, creates a seemingly abstract view of the world through Japanese values and traditions while subtly presenting the realities of today’s world. Some common themes among the film, Spirited Away include: themes of life and death, survival, maturation, the economy and its influences, and transcendence (whether it be physically transcending a threshold, or otherwise). By showcasing these themes, Miyazaki is able to showcase the Japanese Value system. For example, there is a big presence of elders in Miyazaki films. The Japanese put a big emphasis of respecting elders. Other values, which may appear to be subtle among the Japanese, but showcase widely for the international audience, include things like taking off your shoes when entering a home, or respect for nature or the spirits. In class, we talked about the Shinto tradition and the relatedness between the spiritual, natural, and human worlds. This is very widely emphasized in Spirited Away. The entire film is based on the relation between the spirits –among themselves –and among the human world. In Spirited Away, Chihiro’s parents’ transformation into pigs is the first symbol of gluttony in the film. It can also be interpreted as the first sign of capitalism. The motif continues to appear throughout the film with the business run in the Bath House. The workers and the owner, Yubaba, are concerned only with making money. This also can translate into an attack on a capitalist society (Yoshioka 258). Japan adopted capitalism after World War II, so Hayao Miyazaki grew up in a capitalist country. Not only that, but Japan, as a country is an extremely nationalistic. These factors, combined with his college expertise in both political science and economics, can be seen throughout the film. Miyazaki uses these undertones concerning his life experiences with society, as well as his education, within many his films. â€Å"Miyazaki’s belief that all Japanese share a certain sense of past is another important focal point. The subtle blending of personal experience into historical ‘fact’ formulates a sense of past that looks and feels familiar to the audience, even though they have never experienced it† (MacWilliams and Schodt 257). One of Miyazaki’s characteristic directing techniques is his apt combinatio n of his personal experience with elements  of Japanese culture. Driving much of his work is the influence of Shintoism. This â€Å"religious† understanding of the spirits and nature in relation to humans that is distinctly Japanese in practice. Spirited Away is the perfect example of a film that illustrates this spiritual practice, albeit in a somewhat stretched manner. There’s wide use of Japanese folklore within Spirited Away. The title itself says, â€Å"Kamikakushi† meaning â€Å"hidden by entities† which, in Japan, is used when women or children go missing (Reider 8). This itself is a very mature theme, and while the film is fun to watch, it takes a deeper understanding of the content to fully appreciate it. The importance of one’s name is also a key concept in the film, and within Japanese society. In the film, to forget your given name is to forget yourself, and if you forget yourself, you become stuck in Yubaba’s control for eternity. This is how Haku found himself a servant to Yubaba for so many years. It was not until Chihiro helped Haku remember that he is the River Spirit that Haku was free at last. The film reflects the importance of identity, which is not just a Japanese concept, but a universal one, as well. Another theme of the film is that of growing up and maturing. Because Chihiro is forced to be by herself in this unknown place, she’s made to adapt and mature without much thought. To bring her to this point, it took the traumatic experience of losing her parents, the fear of never seeing them again, and —her biggest fear—not surviving. Miyazaki was well-off when he was young, so this could be a reflection of seeing people forced into early independence during the War. Only through trusting in someone who claimed to be a friend was she able to get along as well as she did, and succeed in ultimately getting her life back. Many of the other characters were based loosely off of Shinto legends. The Shinto belief is that there’s a very thin line between the spirit world and the human world, which is reflected throughout the film in the bizarre interactions between the bathhouse world and outside reality. Through the use of Hayao Miyazaki’s extensive personal experience with Japanese culture, and his education in Political Science and economics, he has been able to showcase Japanese values and traditions through his film. He is a world-ren owned writer and director, and through his work in Anime film, he has opened the eyes of the western world to this Eastern culture. My understanding of Japaneseness is the nationalistic and traditional points of view showcased throughout  Spirited Away. The idea that spirits are all around you, and encompass nature. The importance of family above all else, the emphasis on self-responsibility, and so-on. Japaneseness is not one single thing, but a compilation of many things. It is to fully take in all aspects of being Japanese. Bibliography Baskan, Funda Basak. â€Å"Ponyo on the Cliff by the Sea (Gake no Ue no Ponyo).† Marvels & Tales 24.2 (2010): 363,366,368. ProQuest. Web. 20 Nov. 2013. MacWilliams, Mark W., and Frederik L. Schodt. Japanese Visual Culture : Explorations in the World of Manga and Anime. M.E. Sharpe, Inc. : Armonk, NY, USA, 2008. Print. Napier, Susan J. â€Å"Matter Out Of Place: Carnival, Containment, And Cultural Recovery In Miyazaki’s Spirited Away.† Journal Of Japanese Studies 32.2 (2006): 287-310. Academic Search Elite. Web. 20 Nov. 2013. Reider, Noriko T. â€Å"Spirited Away: Film Of The Fantastic And Evolving Japanese Folk Symbols.† Film Criticism 29.3 (2005): 4-27. Academic Search Elite. Web. 20 Nov. 2013.

English as a Foreign Language (EFL) - Definitions

English as a Foreign Language (EFL) - Definitions Definition A traditional term for the use or study of the English language by non-native speakers in countries where English is generally not a local medium of communication. English as a Foreign Language (EFL) corresponds roughly to the Expanding Circle described by linguist Braj Kachru in Standards, Codification and Sociolinguistic Realism: The English Language in the Outer Circle (1985). See examples and observations below. Also see: English as a Second LanguageTop Four ESL WebsitesCommunicative CompetenceContrastive RhetoricEnglish as an Additional LanguageEnglish as a Lingua FrancaEnglish as a Native LanguageEnglish as a Second LanguageGlobal EnglishInner Circle, Outer Circle, Expanding CircleInterlanguageNative SpeakerismNew EnglishesNotes on English as a Global LanguageSecond Language (L2)World English Example and Observations: ESL and EFL instructional approaches differ in significant ways. ESL is based on the premise that English is the language of the community and the school and that students have access to English models. EFL is usually learned in environments where the language of the community and the school is not English. EFL teachers have the difficult task of finding access to and providing English models for their students. . . . As the number of ESL students has increased in schools across North America, more classrooms and school have become more like EFL than ESL environments.(Lee Gunderson, ESL (ELL) Literacy Instruction: A Guidebook to Theory and Practice, 2nd ed. Routledge, 2009)Distinctions Between ESL and EFLAlthough ESL (English as Second Language) and EFL (English as Foreign Language) are often used interchangeably, there are unique differences between the two. . . .ESL countries are nations where the medium of instruction in education and government is in English, although English may not be the native language.On the other hand, EFL countries do not use English as a medium of instruction but English is taught in schools. Malaysia was once considered an ESL country but now leans more towards EFL.The methods and approaches of teaching English as a second language and foreign language do differ greatly.(Christopher Fernandez, Of English Teachers Then and Now. The Star [Malaysia], November 11, 2012)The distinction between second language and foreign language is not, however, a sharp one, and there are cases, like Indonesia, where classification is disputable. Moreover, there is a considerable amount of variation in the roles played by second languages, for example in education, in the fields of discourse used, and in the giving of prestige or power. In India, the medium of instruction in schools was changed from English to the regional languages after Independence, and subsequently there has been a gradual process of Indianization of the universities, which at one time were all English-medium.(Charles Barber, The English Language: A Historical Introduction. Cambridge Univ. Press, 2000)Indonesia, a former Dutch colony, used to emphasize the teaching of Dutch . . .. The movement towards English as a foreign language began at independence, and English is now the main foreign language being learned in Indonesia. English is taught for eight or nine years from primary school (from Grade 4 or 5) through high school (Renandya, 2000). The main objective is to provide reading skills to enable Indonesians to read science-related materials in English.(Maria Lourdes S. Bautista and Andrew B. Gonzalez, Southeast Asian Englishes. The Handbook of World Englishes, ed. by Braj B. Kachru, Yamuna Kachru, and Cecil L. Nelson. Blackwell, 2006)

How to Write a Business Essay

How to Write a Business Essay How to Write a Business Essay Purpose of a Business Essay Writing a business essay is for the purpose of conveying a message, giving information, or convincing the readers to take some sort of action. So, the business essay must be clear and to the point. It is a good idea to make sure you know your audience before you start. This will assist you in creating a good outline that will keep you focused on the task and topic. This also ensures that you effectively demonstrate your point to your audience. Segments of a Business Essay In order to write an effective business essay, you need to be organized and create the essay in relevant segments. These segments are: Purpose of the Essay The Title The Introduction The Body The Conclusion Purpose of the Essay The purpose of your essay is what your topic is about which should be established before you start writing. This is where you come up with your topic, unless you have already been assigned a topic. If you are charged with choosing your own topic, then you will want to write about something you know of, keeps your interest, or sparks your passion. After you choose a topic, then use it to craft your thesis statement, which should be a single sentence about the main idea of your essay. The Title Your title is another important element of your essay because it is what most people will use to decide if they want to read your essay. The title should express the main idea of the essay and be persuasive. For example, â€Å"Get 50% More Traffic to Your Website with these Tips!† is more persuasive than, â€Å"Websites Need Plenty of Traffic.† The Introduction The introduction of your business essay reconfirms your thesis statement and introduces the main idea of your essay to your audience. This should be one paragraph and should give the reader a good idea about the topic covered in the essay. This is another segment where many readers will look to decide if your essay is worth reading. The Body The body of your essay is the meat of the essay. This is where the main content is located and is where you go on to develop your story, based on your research or notes. The body should contain all relevant key points about the topic and it should be informative. The body should also give the reader a call to action, if necessary. The body of the essay should contain a paragraph on each key point about the topic. The Conclusion The conclusion of your essay should sum up the purpose and topic, as well as tie back into your introduction. The introduction contains a purpose statement but the conclusion summarizes the purpose and all relevant key points in the essay. Feel free to get professional Business essay help from top-rated academic writers at our custom writing service. All Business essay papers are written from scratch. Plagiarism-free and high quality are guaranteed.

Advantages of e-CRM systems Coursework Example | Topics and Well Written Essays - 750 words

Advantages of e-CRM systems - Coursework Example This involves first seeking the customer’s permission and providing them with an incentive, before targeting them with the organization’s given marketing message. E-CRM systems make it easy for organizations like Our Town Photography to engage in multiple relationships with multiple customers through the use of different opt-in and opt-out tools such as checking a box in an online form. E-CRM systems are essentially designed for this new form of marketing. Permission marketing ensures that the company only concentrates its marketing on customers who are interested. This leads to the second advantage of e-CRM systems: effective targeting. E-CRM systems keep records of those who have visited a web site and expressed an interest in the products or services offered by registering their name and other details. By sending marketing messages to this category of web visitors, Our Town Photography will receive higher response rates from its target customers. With the e-CRM tech nology, the company could further tailor its messages to customer micro-segments. With effective targeting, the overall cost of reaching customers also goes down. Firstly, it is cheaper to use electronic communication methods than physical ones. Secondly, with effective targeting the number of mail-outs is reduced ... These systems also support active information gathering from customers through tools such as online forums and communities, new product prototype evaluations and even customer-led innovations. List the specific data you would to store in your system Name Address Birth dates Purchase History Product or service recommendations made Gifts sent and received Anniversaries Hobbies and interests Gender Marital Status Post-sales service and/or product rating Research at least two e-CRM systems that are available and do a compare contrast between the two systems. List the advantages and disadvantages of each the system and create a side by side comparison matrix. Table 1: SugarCRM versus Microsoft Dynamics CRM Feature SugarCRM Corporate Microsoft Dynamics CRM Deployment On-premise or cloud-based On-premise and cloud-based Trial period 7 days 30 days Cost US$ 45/user/month US$ 44/user/month Databases -Client can opt to use SugarCRM datacenter or Client datacenter or third party datacenter -Off ers 30GB free -Client can use own datacenter or Microsoft Cloud datacenter -Offers 5GB free, client pays for extra storage Employee applications and channels -Unlimited customization options / based on Open Source standards -Proprietary system thus customization limited by vendor -Massive ecosystem of extensions developed by Open Source community found at SugarExchange for over 200 commercial extensions and SugarForge.org for over 800 free extensions -Seamless integration to Microsoft products -Integration with Outlook and Microsoft ERP is especially very appealing to small and medium businesses. -Full sales, marketing and support automation -Full sales, marketing and support automation -Email integration, reporting, team selling, collaboration tools, advanced security, workflow

WILDLIFE TOURISM IN SOUTH AFRICA Essay Example | Topics and Well Written Essays - 3000 words

WILDLIFE TOURISM IN SOUTH AFRICA - Essay Example The international wildlife tourists however comprise of such people who are mainly keen of conducting tours inside Africa (Avitourism in South Africa, 2010,pp.12-13). The target market identified for the marketing plan presented here accounts for 21000 to around 40000 wildlife tourists visiting the region on an annual basis. Domestic tourists comprise the major chunk of the wildlife tourist population and range from 13 to 24 thousand while the international tourists account for 8 to 16 thousand people on an annual basis. These target groups accounting for making wildlife tourism in South Africa render around 1025 to 1975 billion rand to the nation’s Gross Domestic Product on an annual basis (Research and Analysis Report, 2010, p.9). The report therefore intends to provide a clear-cut plan to attract these tourists by strategies in marketing and promotion and therefore add to the economy in terms of revenues as well. WILDLIFE TOURISM IN SOUTH AFRICA – A Marketing Plan Ma rketing Plan for Promoting Wildlife Tourism in South Africa South Africa is home to a large amount of biodiversity spread along its natural parks and wildlife habitats and accounts for drawing visitors from a worldwide base. This activity of ecology based wildlife tourism in the region helps in drawing huge revenues for the South African economy. In South Africa the amount of tourists coming to visit the wildlife sectors accrue to about 79 percent of the total number of tourists visiting the region on an annual basis. In terms of economic value the wildlife tourism in South Africa account for around 50 percent of the total amount of income generated from tourism activities. To attract the tourists visiting the South African region for their interest in wildlife, the South African government has rendered space for the development of natural parks, which hosts a large number of flora and fauna. These natural parks help in hosting a large number of tourists in several rest camps contai ning both lodging and hotel facilities. An example of a national park in the South African region is the Kruger National Park, which helps hosting a large number of tourists in both caravan and camps along with other guesthouses and guest cottages. These latter ones are built to present to the visitors a huge variety of opportunities to live and enjoy their tour. These hotels, rest houses and guest camps are designed in such a fashion as to provide to the people dwelling and food based on international standards. Estimates made show that only the Kruger National Park in South Africa draws around 1.4 million wildlife tourists in the region. This national park also helps to accrue huge amount of revenue for the South African economy. Estimates made show that on an average annual basis the national park amounts to around 40 million dollars of revenue for the South African government (Spenceley, 2006, pp.652-653). It is found from the above discussion that the impact of wildlife tourism in South Africa has helped the development of the economy of the region. The marketing and promotional activities designed would help greatly in enhancing the growth of wildlife tourists in the region, which would thereby augment the revenue patterns of the economy. However the marketing and promotional activities that would be taken to enhance the development of wildlife tourism in South Africa by helping in attracting large number of tourists must be developed in an organized fashion to optimize the utilization of available resources. Thus the design of the marketing plan for developing wildlife tourism in South Africa must function on the basis of the following agenda. Firstly the marketing plan

Consulting to Organisations Essay Example | Topics and Well Written Essays - 3250 words

Consulting to Organisations - Essay Example The understanding of learning, the workshops and their technicalities are dealt with, accordingly and put into practice. The aim of the essay was to get the clear picture that what was the purpose of the student to learn this module, what was the objectives and the learning techniques that student used in order to get the full benefit of the module. I am writing this essay to express my views, my thoughts about this module. Sharing is learning, and I want to share with everyone, the experiences I have gone through while writing this essay, the tools and techniques that I have learned while I took this module. The competencies I felt inside, which was never there before, and the level of knowledge that I gained while learning this module, is way better than before. It feels so different to write this essay after all this learning, and I wish that I have an opportunity to write a whole another comparative essay to give the clear insight that what I have achieved after enrolling in this module. One another main reason is to share my experience of this module, and its learning, so that other students and people may get the full benefit of this module by reading this essay. My feedback on this module will help many others to understand the module better and the effectiveness of this module as a student, and as a learner. One of my learning objectives to enroll in this module was to learn about management consultant, and how to be an effective management consultant. Since my secondary school, I was good in consulting, and suggesting ideas and novelties to others, effectively. So, I was concerned to see how well I can be after this module, and how can I be a good management consultant in future. My second objective was to learn about leadership and team work. Although, I was cooperative and friendly, but somehow I was lacking the true spirit of effective team skills and team

Intellectual Property Rights And Traditional Knowledge

Intellectual Property Rights And Traditional Knowledge Traditional knowledge encompasses the beliefs, knowledge, practices, innovations, arts, spirituality, and other forms of cultural practices that belong to indigenous communities worldwide. The intergovernmental board on rational property and inherent resources, customary awareness and tradition has met ten times since 2001 and the Tenth Session took place in Geneva, 30 November-8 December 2006. The committee has been discussing intellectual property issues as they arise in relation to the protection of traditional knowledge and traditional cultural expressions and access to hereditary resources and profit sharing. 1) What is Indigenous/traditional Knowledge? Traditional Knowledge is the knowledge usually related to the environment. This knowledge is owned by the whole community. Holders of traditional knowledge want to be protected against publication of culturally sensitive information. A holder of traditional knowledge wants a system which can contribute to the preservation and safeguarding of traditional knowledge and the customary means for their development, preservation and transmission, and promote the conservation, maintenance, application and wider use of traditional knowledge, for the direct benefit of traditional knowledge holders in particular, and for the benefit of humanity in general. WIPO (1999) For example in Australia the case of Dr. Mountford, who undertook an expedition to the Northern Territory outback in 1940. Local Aboriginal people revealed to him tribal sites and objects possessing deep religious and cultural significance for them. The publication was held by the court as it could disclose information of deep religious and cultural significance to the Aborigines. The system should recognize the intrinsic value of traditional knowledge, including its social, spiritual, economic, intellectual, scientific, ecological, technological, commercial and educational value. Intellectual Property law: Intellectual property law covers a wide range of rights and privileges and in the UK is defined by s. 72(5) of the Supreme Court Act 1981 (amended by Copyright, Designs and Patents Act 1988) to include; There are some serious concerns about the suitability of the existing IPR system to the indigenous peoples traditional knowledge. The indigenous communities generate and posses their traditional knowledge collectively. The difficulty experienced by indigenous peoples in trying to protect their traditional knowledge under intellectual property (IP) rights law stems mainly from its failure to satisfy the requirements for protection under existing IP law. Reference Chapter 2 WIPO (1999) â€Å"Intellectual Property Needs and Expectations of traditional knowledge Holders†, WIPO Report on Fact-Finding Missions 1998-1999, WIPO, Geneva (Publication Number 768E). Source: http://www.wipo.int/globalissues/tk/report/final/index.html 9/05/2008 Paragraph 19 of Doha WTO Ministerial Declaration (WTO Document No. WT/MIN(01)/DEC/1) adopted on 14 November 2001, calls for the TRIPS Council to examine the issue of protection of traditional knowledge and folklore. Source: http://www.wto.org/english/thewto_e/minist_e/min01_e/mindecl_e.doc Chapter Three Safety Of Sui-Generis Protection Of Traditional Knowledge And Genetic Resources 3.1. Introduction Traditional knowledge holders are concerned about loss of traditional lifestyles and knowledge because the young ones of the community cannot carry forward traditional practices. They also want their traditional knowledge to be respected together with the holders. They are against misappropriation of traditional knowledge including use of traditional knowledge without any benefit sharing, or use in a derogatory manner. Lack of recognition of the need to preserve and promote the further use of traditional knowledge is also their concern. They also advocate for equity considerations in the sense that the custodians of traditional knowledge to be fairly compensated if traditional knowledge leads to commercial gain. A single solution can hardly be expected to meet such a wide range of concerns and objectives.To address these concerns two options can be put in place namely: Intellectual property rights (IP)system Sui Generis Protection Intellectual property rights (IP) system Intellectual property system can be utilised to commercialize traditional knowledge or prevent its misuse. For example, Aboriginal and Torres Strait Islander artists in Australia have obtained a national certification trademark. The intellectual property system is useful to universities and RD organizations first as a source of information from where further knowledge can be created and can be used to plan for further studies in the area of concern and as literature. It can be used as a source for products and services when their industrial or commercial exploitation is used for social, cultural or economic gains. Correa, C. (2001) However hindrances for effective management of intellectual property rights are those associated with the lack of abundance in reference materials, necessary to create confidence. Often, the institutional policy will not cover all the areas associated with the different areas of intellectual property. Lack of a dynamic and rewarding policy, which is fully communicated to members, will also be of some hindrance. It is important that stakeholders are involved in its evolution and review process. Finally, the difficulty of enforcement due to infrastructural shortcomings should be expected. This would be viewed as a result of funding, cultural issues and weak economics and industries Sui generic system Sui generis is a Latin phrase which means â€Å"of its own kind.† It is a system which has been designed specifically to address the needs and concerns of a particular issue. Prior Informed Consent Countries have already decided that the existing intellectual property system is not, on its own, adequate to protect traditional knowledge. A number of them have enacted or are in the process of enacting sui generis systems of protection. Access by other parties will be based on the prior informed consent (PIC) of the community obtained accordIng to customary laws. Any benefits arising from genetic resources or associated knowledge will be equitably shared. The Philippines has enacted legislation, and is considering further provisions, giving indigenous communities rights over their traditional knowledge. Access by other parties will be based on the prior informed consent (PIC) of the community obtained accordIng to customary laws. Any benefits arising from genetic resources or associated knowledge will be equitably shared. Costa Rica has not yet fulfilled the participatory process to determine the nature and extent of the sui generis communitary intellectual rights. With this system apart from sharing the benefits, if tangible returns are generated it can attract greater involvement of younger members of the community. However with such a wide range of material to protect and such diverse reasons for â€Å"protecting it†, it may be that a single all-encompassing sui generis system of protection for traditional knowled.The system would allow all plant genetic resources to be monopolised. Plant breeding would thus come to a standstill. Convention on Biological Diversity (CBD) The Convention, which was agreed in 1992, seeks to promote the conservation of biodiversity and the equitable sharing of benefits arising out of the utilisation of genetic resources. It asserts the sovereign rights of nations over their national resources, the right to determine access according to national legislation with the aim of facilitating the sustainable use of these resources, promoting access and their common use.   To date about more than fifty countries have developed national access and benefit sharing legislation. Some of the examples are mention below. a) â€Å"Pakistan ( Draft Legislation on Entry to Biological and Community privileges, 2004 whose one of its major aims is to protect and encourage cultural diversity, valuing creativity, practices and knowledge of local communities. b) Bangladesh (Draft Biodiversity and Community Protection Act of Bangladesh, 1998).whose number one general objectives is to safeguard the sovereign rights of the Communities that have understanding of biodiversity, and have managed, maintained , preserved, reproduced and improved biodiversity c) India (Biological Diversity Act, 2002; Biodiversity Rules, 2004). Authority is given to the implementation sanction grants-in-aid and grants to the State Bio-diversity Board and Biodiversity Management Committees for specific purposes and also undertakes physical inspection of any area in connection with the implementation of the Act. d) Malaysia (Sarawak Biodiversity Center Ordinance, 1997; Sarawak Biodiversity (Access, Collection and Research) Regulations, 1998; Sabah Biodiversity Enactment, 2000). One of its penalty states that any person who, without a permit from the Council, collects or takes away any protected resources from their habitat or place where they are found or grown or take such resources out of the State, shall be guilty of an offence: Penalty, a fine not exceeding fifty thousand ringgit or imprisonment for a term not exceeding three years or both. e) Philippines (Executive Order No. 247, 1995; Department of Environment and Natural Resources Administrative Orders 96-20, 1996; Wildlife Resources Conservation and Protection Act; Republic Act No. 9147, 2001)† [26]. Article 3 of CBD recognizes the sovereign right of nations. In spite of all these efforts, while entering into ABS contracts the current access and benefit mechanism has failed to effectively resolve the major problems faced by the local communities and countries. Reference Correa, C. (2001) â€Å"Traditional Knowledge and Intellectual Property†, QUNO, Geneva. Source: http://hostings.diplomacy.edu/quaker/new/doc/tkcol3.pdf 09/05/2008 Sui generis system of protection is a distinct system tailored or modified to accommodate the special characteristics of traditional knowledge or folklore.Sui generis systems of protection are already provided in areas such as the protection of plant varieties (UPOV system) and protection of databases (EC Directive 96/9/EC, 11 March 1996. Source: http://www.eurogeographics.org/WorkGroups/WG1/eu_directive.pdf).09/05/2008 Chapter 4 Overview Of The Ipr And Traditional Knowledge Debate In International Negotiations The importance of protecting and preserving indigenous traditional knowledge has been recognized in several international instruments, including the WIPO, CBD and the TRIPS Council of the WTO. 4.2. Convention on Biological Diversity The convention was drafted at the 1992 â€Å"Earth Summit† in Rio de Janeiro, Brazil [30] and it came into force in 1993 [31]. The convention emphasized what is depicted in article 8(j) the most important provision of CBD on indigenous knowledge, it reads: â€Å"Each Agreeing Party shall, as far as likelihood and correctness: focus to its national law, protect, value, and maintain understanding , innovations and of local and practices of local and native group. It implies that local communities embodying traditional life styles possess an equal status to indigenous peoples. 4.2. The Conference of the Parties (COP) COP is a decision making body of the convention whose function is to regularly review implementation of the convention [41]. In 6th convention of Parties, the Working group of Entry and profit sharing adopted Bonn Guidelines [20] under decision VI/24. The ABS Decision of the seventh conference mandated the operational group on ABS and Article 8(j) to expound and bargain an intercontinental regime on access to genetic resources and profit sharing with the objective to efficiently implement the provision in Article 15 aimed Article 8(j) [49]. Comments The COP had failed to take any considerable action at the international level. 4.3. The Bonn Guidelines They were officially adopted to provide for a set of rules that will facilitate the drafting and further development of national biodiversity legislation. The Guidelines encourage parties to â€Å"adopt measures to reveal the source country of the genetic resources and traditional understanding, innovations, , benefit sharing, and norms of local and native group in application for intellectual property privileges. †¢ Criticism The guidelines were criticized by several environmental NGO, arguing that voluntary non binding Guidelines can never replace legally binding instruments. The voluntary position of the Guidelines will provide member states with an excuse for non- action. Analysis Despite of criticisms, they are a vital step towards the harmonization of the regime of access and benefit sharing. The CBD help foster bilateral agreements between the providers and users of resources. 4.4. TRIPS, Traditional Knowledge and Genetic Resources The relevant provisions in this regard could be Article 39 (protection of undisclosed information), if the TK is kept as secret knowledge, and Article 22 (protection of geographical indications). The developing countries also argued that the exclusions in Article 27(3) (b) should be clarified. In November 2001, the widely published â€Å"Doha Declaration† was issued at the fourth WTO Ministerial Conference held in Doha, Qatar. The protection of traditional knowledge and folklore was given particular attention. As a contribution to this examination, several developing countries in together with other groups of developing countries, submitted a paper to the Council for TRIPS in June 2002. The paper proposed that WTO Member States to meet the following requirement: (i) Original disclosure of the country and source of the biological resource traditional understanding used in the invention; (ii) Proof of well knowledgeable consent through approval of authorities under Evidence of prior informed consent through approval of authorities under significant national regimes. (iii) Proof of just and equitable profit sharing under the national regime of the original country.† [63]. The United States and Japan have raised the primary objections to the above. These countries have argued that: (i) Such corrections would not be constant with TRIPs Agreement and would be in violation of the rule of non-discrimination amongst field of technology; (ii) Expanding the norms of disclosure would amount to a legal and administrative â€Å"nightmare† and an unnecessary burden on the patent applicant and the Patent office [64]. Analysis Countries avoid the misappropriation of traditional knowledge and with the implementation of the sharing of benefits principle, than with the development of an intellectual property rights regime for traditional knowledge (most notably U.S. and Japan). 4.5. WIPOs Inter-Governmental board on rational possessions and inherent Resource, customary Knowledge and Tradition. The IGC is very much concerned about enhancing the protection of Traditional Knowledge and has therefore focused on understanding the needs and expectations of traditional communities. Also at the IGC third session, World Intellectual Property Organization produced a paper called â€Å"Elements of Sui Generic System for the Protection of Traditional Knowledge†. [45] In Autumn 2005, the WIPOs General Assembly extended the mandate of IGC to continue its work on achieving feasible solutions to the protection of Traditional Knowledge In July 2007 meeting of the WIPOs Intergovernmental Committee (IGC), the developing countries were demanding an international legally binding instrument to protect their resources, while developed countries such as United States, Japan, want a non-binding recommendation. Indigenous peoples organizations expressed frustration, that both genetic resources and traditional knowledge are open to misappropriation. Organization (WIPO) as to whether there should be a binding International treaty to protect genetic resources, [73]. 4.6. Discussion Winding up the discussion, determination of positive synergies between various international regimes in the context of IPR, vis a vis, protection of GRs and related TK is a politically and technically intricate and challenging endeavor. However it has been shown that addressing some of the cases under conversation and the most significant international forums where this discussion takes place, in regard to TK protection and profit sharing, still remains far from achieved [53]. Law and policy needs to check the following: a) Nations of origin assert their rights over their genetics resources, b) Assured benefits of the use these resources are shared equally. c) Native peoples intellectual efforts well protected [53]. 4.7. Summary Compared to the situation that existed a decade ago, currently WIPO, CBD, Council of TRIPs and several other national and regional process are involved in finding decision to establish constructive synergies among IPR and biodiversity related issues, which in itself is an important development [53]. The author is of the view that one of the effective strategies for developing countries, in the wake of heightened debates over TK protection and monopolization attempts of industrialized nations. Nations exercise sovereignty in the safeguarding of hereditary resources and similar traditional understanding with the kind of measures they put in place. The wealth of genetic resources and related traditional knowledge plays an important part in the general well being, food security and health care of the indigenous communities. Reference Pires de Carvalho, N. (2000) â€Å"Requiring Disclosure of the Origin of Genetic Resources and Prior Informed Consent in Patent Applications without Infringing the Trips Agreement: The Problem and the Solution†, Washington University Journal of Law and Policy, vol. 2, pp.371-401 McDonald, S. (2001) â€Å"Exploring the hidden costs of Patents notes of a talk given at Quakers House Geneva 16 May 2001†, QUNO Occasional Paper 4, QUNO, Geneva. The Indigenous Peoples Rights Act of 1997, Republican Act No. 8371. Source: http://www.grain.org/docs/philippines-ipra-2008-en.pdf, and The Community Intellectual Rights Protection Act 1994 Senate Bill No. 1841 (still pending). Source: http://www.grain.org/docs/philippines-cirpa-2008-en.pdf Chapter 5 The Philippines Experience Philippines have vast variety of traditional knowledge concentrated in health care, agriculture and forestry just to mention a few. The Philippines was the first country to introduced legislation on access to genetic resources, with the signing of Executive Order 247 (EO 247), â€Å"Prescribing Guidelines and Establishing a Regulatory Framework for the Prospecting of Biological and Genetic Resources, their By-Products and Derivatives, for Scientific and Commercial Purposes, and for Other Purposes†, on May 18, 1995 [6]. Because of the wide scope and the procedure required for the prior informed consent, certain problems were experienced in implementing EO 247.The law stipulates that indigenous societies are owners of their knowledge of traditional medicine and when outsiders use the information they must acknowledge the source and demand a share of any financial return coming from commercial use. The legislation however seeks to maintain the free exchange of biodiversity among local communities. This prevents exploitation of the communitys resources by foreigners with no benefits to the actual owners of the resources. In the context of compliance with the International regimes, TRIPS Agreement, the Philippines has an Intellectual Property Code of the Philippines, i.e. Republic Act No. 829300. This code covers economic rights of the country [32].which shows the government commitment towards protecting the rights of indigenous communities to ownership of their resources Analysis Law regulating access to genetic and biological resources (IPRA and EO 247) have both tried to pave the way for mutual research efforts. The use Genetic Resources in safeguarding Traditional Knowledge Vietnam: In spite of the importance hereditary resources and traditional understanding in the lives of Vietnamese people, the results of the survey conducted by WIPO in accordance to test out the legislative steps taken by the Vietnamese government, unfortunately shows that hardly any efforts have been taken by the law makers for the protection of traditional knowledge. However, the Government Decree No. 7-CP of February 1996 elaborates the following measures taken. a) â€Å"Article 4: The overall policy of the Government is to invest for building national capacity in conserving, selecting, producing and carrying on the business of developing seed varieties†. This means greater biodiversity in the country b) Article 8: Genetic resources are to be considered as national property and managed by the State. All organizations and individuals are encouraged to prospect for, collect, preserve, utilize and enrich genetic resources for the benefit of the national economy and social welfare. In this regard, the Ministry of Agriculture and Rural Development (MARD) is the main government body responsible for the management of development of seed varieties by the State. This prevents exploitation of national resources for selfish gains. Vietnam and International Regimes Vietnam needs to elaborate a national structure for the safety of heritable resources and customary knowledge. In this regard, MARD is drafting legislation guard of generic resources and similar traditional norms. Protection of Traditional Knowledge in Indonesia The existing Indonesian intellectual property provides little legal protection for traditional knowledge. Some sort of protection is given under the existing â€Å"copyright, distinctive signs and trade secret law† [40]. Some of these laws were further amended In addition, the intention to provide protection to traditional knowledge is also clear from the media report on copyright, Law No 19/2002. And also an informal version of the said law, indicate that â€Å"Article 10 vests in the State the copyright to, inter alia, prehistoric remains, historical and other national cultural objects, stories, legends, folk tales, epics, songs, handicrafts, choreography and dances†[40]. Moreover, the publication by the Indonesian National News Agency shows the government willingness in preventing the outsiders from illegally accessing and patenting other peoples knowledge. [40]. The importance of Intellectual property Rights is visible from submission of the draft of new IPR regulations to the peoples Consultative Assembly. The Indian Experience India formally established under the National Biodiversity Act, Traditional Knowledge Digital Library (TKDL). It was considered as a great step forward for preventing misappropriation of traditional knowledge and help in identifying the real traditional knowledge rights holders. The Biodiversity Act 2002 is the first attempt of the Indian legislators attains the aim of CBD. In practice the protection mechanisms are not very effective and are regarded as greatly biased against the safety of the native communities. Guarding of Genetic Resources and Customary Understanding in Pakistan is blessed with enormous amount of natural resources and also is rich in bio wealth. Due to a range of climate zones and various environmental conditions, the country has got a great capability for producing all sorts of food products. A Biodiversity Action Plan for Pakistan (BAP) The increasing environmental problems led to the Biodiversity Action Plan in 1999, which is the most important step taken by the government of Pakistan to prevent biodiversity loss. In collaboration with World Conservation Union, Pakistan (IUCN) and World Wide Fund for Nature, the Government of Pakistan, Ministry of Environment, Local Government and Rural Development, put forward the Biodiversity Action Plan [47]. Draft law on entry to Biological Resources and Community privileges 2004 In order to established fundamental grounds for an ABS mechanism, the Pakistani Ministry of food, Agriculture and livestock is working on draft legislation [49]. This draft is in accordance to the international Convention on Biological Diversity, which will help in providing protection to the rights of indigenous communities of the country. The Way Forward Pakistan has accomplished little so far, due to lack of implementation of the new policies due to lack of funds, skilled personnel and infrastructure. The government should use the sovereign rights stipulated in the CBD to put in place measures to protect biodiversity. In addition, there is a need to address the institutional flaws, which includes the deficiency of monitory and enforcement mechanisms. Claims regarding unfulfilled requirements of patentability. Here we will discuss the well-known cases of Turmeric and Basmati rice, which send a signal to biotech companies or organizations, not to treat the developing countries resources as a free good. 1. The Turmeric Case This has been a milestone success for a developing country like India to protect the traditional knowledge of its indigenous communities and discourages the illegal obtaining of patent over their knowledge. 2. The Basmati Case It was concerned with protection of traditional knowledge and geographical indications. It involved new strains of rice which were to be sold under the name Basmati by a Texas based company, but protests emerged from India and Pakistan over the repercussions the name could have on their communities. The case showed that it is expensive to challenge biopiracy cases. CONCLUSION Effectively protecting the genetic resources, traditional knowledge, and folklore is very important for the developing countries and the most undeveloped countries against the background of the international trade, and concerned with the interests of the developing countries and the most undeveloped countries. If we can find some useful solutions to effectively protect genetic resources, traditional knowledge, and folklore, the position of the developing and most undeveloped countries in the international trade will be strengthened. The issue of protecting of genetic resources and associated traditional knowledge is a global issue and still receives attention it deserves. Generally speaking, WTO agreements, including TRIPS Agreement, are a deal between the developed countries and the developing countries, and the whole agreements of WTO are balanced in the interests of the developed countries and the developing countries. On the one hand, the developing countries accepted the standards or criteria for the protection of intellectual property set up by the developed countries. This is good for developed countries, and helped them to strengthen their position in the international trade. On the other hand, the developing countries participated in the new world trade system, and benefited from this trade system. Some of them even since then have enjoyed MFN from some of the developed countries. There have been championing for the formation of new intercontinental lawful protections for these resources, but questions remained unanswered. Who would benefit from the safety measures created for heritable resources, traditional knowledge, or myths? No country, person or worldwide organization has been able to identify the particular beneficiaries of these sought after security measures. None also has determined to what extent of such safeguarding might be what would involve â€Å"fair use† or additional exceptions of restrictions, or even what enforcement mechanisms could be functional. A few countries want to stop others from using their customs while others want to make or commercialize from such use. How could any one structure include these benefits? And to complicate the matter, there is no contract as to what exact damage would be solved by new means of protection. One step taken to react to customary know how holders, said Linda Lourie, makes sure that patents are not approved on recognized process or products, including those that are measured in customary information. A patent is a funding by a national government to an author for the right to exclude others from producing, using, or selling his or her innovation. To qualify for patent safeguarding in many nations, a discovery must needs to be new, useful and not to be minor addition of what is already known. A few customary understanding the rest will seek Patent regarding greater understanding and reap the profit from it. Though considerable work has been done for the protection of such knowledge and resources, a challenging agenda of research and policy still lingers in the minds of many How extensive are genetic resources and indigenous knowledge of countries, and to what uses can they be utilized. The activities in this regard can be observed, not only in the framework of international organizations, but as several developing countries have also made tremendous efforts for introducing effective legislations for promoting and conserving genetic resources and traditional knowledge. The significance of publishing customary knowledge and making that information accessible to patent examiners worldwide cannot be overemphasized, said Lourie. If customary understanding is documented, that understanding may not be topic of patent, even if it is not broadly known in a developed country. The United States is encouraging other nations to create digital databases to record their customary understanding and guard it from patent attempts. Digital databases would permit patent examiners globally to search and scrutinize customary knowledge. In the US, few Native-American tribes are cataloguing their tribal values in a way that that fulfils the need for recording and the need to deny strangers entry to information. Eric Wilson, the Tulalip ethnic in the dialects in the state of Washington in the US, for instant, have determines who is to have way in to what customary information about their familiarity, culture, history, or practices. Some users have unrestricted entry, while the rest, like US. Patent examiners, may have restricted access. Some holders of customary understanding want to be exact that new technologies original from their customary knowledge include a fair distribution of benefits. These communities may want to bargain contractual benefit-sharing agreements about new processes or products produced through study using their customary understanding. Lourie warned, that it could be a blunder to anticipate from such contracts; to present; few economic repayments have accrued from commercialization of customary knowledge. Factors contributing to this include recognizing that TKs significance in the lives of the popular world and in the preservation of biodiversity, concerns about the massive loss of TK, little or no sharing of resulting payback with the original holders of TK, interest in capturing the potential of TK for local sustainable growth, and increasing concern to native rights. Most importantly, how do providing countries tackle the misappropriation of such knowledge and resources? In all these areas, the developing countries can build a credible international negotiating position. Developing Countries in Asia: The Concerns As far as the smooth and successful adoption of international provisions and regimes into domestic laws