EXEGENESIS ON THE GARDEN OF EDEN

The Garden of Eden

Student’s Name:

Institution:

Introduction

In the exegesis on the Garden of Eden, the report will look at the holy spirit and the trinity, the division, humility, and the arrangement of the garden. The statement Eden in Hebrew signifies “joy” or “happiness”—it was an arrangement of pleasure or satisfaction. At the point when it was created, its interpreters utilized the Greek word for “garden” for Eden, from which came the saying “heaven.” Eden is frequently an image of extraordinary fruitfulness in the Old Testament, a spot where things develop. As it were, its surroundings were delightful as well as helpful for creating things. For this situation, God had a primary concern not just a domain for vegetation, yet for a relationship through association in the middle of God and Eve and Adam, who spoke to all of humankind. Profoundly, Eden symbolizes a rich and fruitful spot of unbroken association.The Holy Spirit and the Trinity

God intended Eden to be an atmosphere where man had association with Him. Adam and Eve’s obligation were needed to behave in a manner pleasing to God. God man to look and dominate in the Garden and not simply to pick foods grown from the ground from a tree, not by any means just to get interminable life, however to deal with the Garden.

Dress signifies “to adorn.” It may appear somewhat weird. However, the two (Adam and Eve) were to deal with it so well that it would get to be superior to it was when God offered it to them. We like to think of the Garden as being a position of total and immaculate excellence. Rather, since God let them know to “dress and keep it,” it appears that it was not finish. It had just been begun. What He had done was positively incredible, yet He needed them to bear on and complete it.

Keep signifies “to protect” or “to safeguard.” If they didn’t work to dress the Garden, God is letting them know, it would weaken. That is the method for all things physical; they decline in the event that they are not kept up and dealt with. There are profound lessons here. The human race have been welcomed into an association with God. Like any relationship, it must be taken a shot at to make it progressively tighter and more gainful. The relationship is the way to achieving this. In the event, that there is no relationship, there is no Holy Spirit working in and with us. One to in the Spirit, and no chance one can be near to God. The relationship is the key.

God illuminates why he gave man powers. At the outset, it just seems to cover what is physical and material, yet with God’s profound disclosure and different scriptures; it conveys far more noteworthy ramifications. God has given man forces to complete the obligation that has been given into his hands: to have a domain. Man must do the accompanying: put what has been put into his hands through a completing procedure, watch over it, monitor it, ensure it, and safeguard its excellence.

It was all given to Adam and Eve in the Garden of Eden, a lovely place. God let them and us realize that as delightful as the Garden might have been, it would not remain as such. It was liable to characteristic law and was going to deteriorate. The Garden expected to be looked after, developed, dressed, and kept. That obliged a lot of work. Man was to protect, control, and direct it, as well as additionally to strive even to recognize the Garden of Eden through work.

It starts to wind up clear that God expects humanity to make a greater amount of his surroundings than he has been given. God has given the forces to do that. In Genesis, God has demonstrated the way that one works, the motivation behind why one works, and the way one works all have an extraordinary arrangement to do with one’s profound advancement. It is critical to note the distinction in the middle of “salvation” and “advancement.” We are spared by elegance. There is an improvement from where God starts at whatever point we first get His Spirit; then it obliges something on our part to empower the totality of advancement to happen.

Satan, Division, and Humility

Consider the aftereffect of Satan’s evacuation. Once Satan gets killed, reviving and compensation can start. Christ and the holy persons will promptly work to restore the earth to its magnificence and profit. God’s ideal government and laws will be reinstituted, bringing peace and success to all who submit to them. In a soul of concordance, everybody will contribute to modify the waste places and remains brought about by man’s and Satan’s wrongdoings. This is the grand World Tomorrow that the majority of God’s kin have looked to since the Garden of Eden.

The planting of the arrangement of Eden

The spot settled upon for Adam to abide in, was not a castle, however an arrangement. The better we bring up with plain things, and the less we look for things to satisfy pride and extravagance, the closer we approach to blamelessness. Nature is content with a bit, and that which is most regular; beauty with less; yet desire pines for everything, and is content with nothing. No pleasures can be fulfilling to the spirit, yet those which God himself has given and delegated to it. Eden implies delight and delight. Wherever it was, it had all alluring comforts, without any weakness, however no other house or enclosure on earth ever was so. It was enhanced with each tree average to the sight, and improved with each tree that yielded soil grown foods thankful to the taste and useful for sustenance. God, as a delicate Father, wanted Adam’s benefit, as well as his pleasure; for there is joy with virtuousness, nay there is genuine joy just in incorruptibility. At the point when Providence places us in a position of bounty and delight, we should serve God with joy of heart in the great things he provides for us. Eden had two trees exceptional to itself. There was the tree of life amidst the enclosure. One of this man may consume and live. Christ is currently to us the Tree-of-life, and the Bread-of-life. There was the tree of the information of great and shrewdness, supposed on the grounds that there was a positive disclosure of the will of God about this tree, so that by it man may know moral great and wickedness. What is great? It is great not to consume of this tree. What is insidious? It is insidious to consume of this tree. In these two trees God set before Adam great and malice, the gift and the condemnation.

The substandard animals being made for man, it was a condemnation upon any of them to be betrayed man, and man against them. Also this is a piece of the serpent’s condemnation. 1. An interminable censure is attached upon him. Under the spread of the serpent he is here sentenced to be, (1)egraded and abhorrent of God. It is gathered, pride was the transgression that transformed heavenly attendants into fallen angels, which is here fairly rebuffed by an incredible mixture of embarrassments couched under the mean circumstances of a serpent, creeping on his gut, and licking the dust. (2.) Detested and detested of all humankind: even those that are truly lured into his advantage, yet proclaim a scorn of him. (3.) Destroyed and destroyed finally by the extraordinary Redeemer, connoted by the wounding of his head; his unpretentious legislative issues should be all puzzled, his usurped power altogether squashed.

References

Bradshaw, J. M. (2013). The Tree of Knowledge as the Veil of the Sanctuary. Ascending the

Mountain of the Lord: Temple, Praise, and Worship in the Old Testament, 49-65.

Hooker, P. K. (2014). Book review: Inhabiting Eden: Christians, the Bible, and the Ecological

Crisis, written by Patricia K. Tull. Horizons in Biblical Theology, 36(1), 91-94.

Jacobsen, E. O. (2012). The Space Between (Cultural Exegesis): A Christian Engagement with

the Built Environment. Baker Books.

Morrow, J. (2012). Work as Worship in the Garden and the Workshop: Genesis 1–3, the Feast of

St. Josephthe Worker, and Liturgical Hermeneutics. Logos: A Journal of Catholic Thought and Culture, 15(4), 159-178.

Schachter, L. (2013). The Garden of Eden as God’s First Sanctuary. Jewish Bible Quarterly,

41(2), 73.

Sweeney, M. A. (2012). The Good and Evil Serpent: How a Universal Symbol Became

Christianized. Journal of the American Academy of Religion, lfr092.

Swidler, L. (2011). The Garden of Eden Story-Source of Often Mis-Read Wisdom: A Jewish

Christian Dialogue. Journal of Ecumenical Studies, 46(2), 143.

Executive Compensation Plans

Executive Compensation Plans

The challenge of coming up with the best executive compensation today stems from two factors. The first one has to do with the difficulties involved in scouting for capable senior executives, who can be able to motivate people and communicate the company’s vision clearly to other employees. The second factor has to do with the fact that most investors are closely concerned with the company’s performance and thus give a high priority to retention of highly qualified executives once they have brought them into their fold. Any other company desiring to hire such executives will have to face up to the challenge of coming up with an executive plan with terms that surpass the one the employee enjoys in the current company. However, it is a generally observed trend in today’s business world that most executives have a preference for opportunities that are challenging and unique more than the compensation package (Schleifer, 2006). Therefore companies with unique ideas and better products are more attractive to executives at all levels.

The importance of compensation should however not be overlooked in today’s job market. Flexibility is a major issue when drawing up a compensation plan at an executive level. One way of achieving this is by making a comparison with what is being offered by the competition. Extra incentives also play a significant role in attracting highly effective executives to a company. There are several alternative compensations that have become a standard in negotiations with senior-level executives.

Equity has emerged as one of the most common alternative compensation many executives ask for instead of cash. It should be noted that the stock options offered to senior-level employees largely depends on the industry and value of the stock. It is still advisable to compare the company’s stock option offers to what other companies in the same league are offering. Other considerations include flexible work schedules, performance incentives, and other allowances like a company car, signing bonuses, life insurance, access to company-owned vacation premises and health club memberships among others (Allbusiness.com, 2010).

An analysis of what executives earn on average today would require an examination of a proxy statement which contains details on the conditions under which managers are paid. An analysis of any proxy statement must examine several factors. The first one is base pay which consists of the base salary for senior-level management. These are executives like the CEOs, Chief Financial Officers, directors and other divisional heads. Proxy statements on executive compensations in most industries can be accessed at places like the Standard & Poor’s 500 Index an at other company profiles in the same industry. Sites like HYPERLINK “http://www.sec.gov” www.sec.gov also provide proxy statements for the past years.

Besides base salaries, stock options which are used to motivate or inspire management can provide an insight into the amount of compensation earned by most executives. However, this form of payment depends on the way the company is performing in the stock market. Curtis (2010) gives an example of two Chief Financial Officers working for two companies; Tome at HD and Hull at Lowe. In the example Tome hardly gets any incentive at HD whose stock opened at $42.17 in 2005 and closed at $40 yet Hull does better at Lowe which opened at above $58 and ended the year at $63 (Curtis, 2010). There are also other perks like the $100,000 raked in by Wal-Mart’s Lee Scott in 2005 for personal expenses (Curtis, 2010).

The proxy statement of a company will also involve length of service contracts and golden parachutes which are severance packages worth millions of dollars. An example is Michael Ovitz who was once a president of Walt Disney Company before he left with a severance pay of $140 million, roughly 10% of Walt Disney’s annual income (Curtis, 2010). With such huge payments, investors need to be aware of how company money is being spent and examine if the management is working for the company’s benefit or their own.

References

Allbusiness.com. (2010). Executive Compensation and Benefits. Retrieved December 5, 2010,from http://www.allbusiness.com/human-resources/compensation/1386-1.html

Curtis, G. (2010). Executive Compensation: How Much Is Too Much? Retrieved December 5,2010, from http://www.investopedia.com/articles/fundamental-analysis/08/executivecompensation.asp

Schleifer, J. (November 2, 2006). 10 Steps to an Executive Compensation Plan That Works.Retrieved December 5, 2010, fromhttp://hrdailyadvisor.blr.com/archive/2006/11/02/Executive_compensation_pay_benefitsperks.aspx.

Exercise Physiology

Name:

Institution:

Course:

Tutor:

Date:

Exercise Physiology

During exercise, the body utilizes different amounts of proteins, carbohydrates and fats for its energy needs. Swimming is a sport that can be considered to consume considerable amounts of this. Generally, various other conditions such as the age, sex, level of training as well as that body weight of swimmers determine their consumption. Typically, Wilmore, Costill and Kenney (2007) indicate that an active swimmer consumes between 1.4-1.8g/kg of body weight each day. With regard to carbohydrates, the same swimmer utilizes 9-10 g/kg of body weight each day. With respect to fats, it is indicated that the swimmer derives 20-25% of energy from these. Thus in a typical scenario, this translates to a consumption of 44-56 grams of the same in each day.

Energy consumption of a marathon runner is depended on the intensity of activity of the same. Usually, intense exercises require more energy than the slow ones. Also, the period of time employed in training determines the amount of fuel that is utilized. Basically, Gene and William (2007) indicate that marathon running requires a total of 60kcal/km. Of this, the percentage of protein consumed is 15-20, the fat consumed is 30 percent of this and the percentage of carbohydrates consumed assumes a fifty percent of this total. In his review, Wilmore et al (2007) asserts that the duration of the event also influences energy consumption. Short term events tend to utilize more carbohydrates while long term events utilize more fats.

References

Gene, A. & William, B. (2007). Exercise Physiology Manual. USA: McGraw Hill.

Wilmore, J., Costill, D. & Kenney, W. (2007). Physiology of Sport & Exercise. 4th Edition. USA: Human Kinetics

An Analysis of the Syrian Crisis

An Analysis of the Syrian Crisis

Author’s name

Institutional Affiliation

Table of Contents

TOC o “1-3” h z u HYPERLINK l “_Toc322027642″An Analysis of the Syrian Crisis PAGEREF _Toc322027642 h 3

HYPERLINK l “_Toc322027643″Introduction PAGEREF _Toc322027643 h 3

HYPERLINK l “_Toc322027644″System Level PAGEREF _Toc322027644 h 3

HYPERLINK l “_Toc322027645″Overview of Regional Influences on the Current Crisis PAGEREF _Toc322027645 h 3

HYPERLINK l “_Toc322027646″Turkey PAGEREF _Toc322027646 h 3

HYPERLINK l “_Toc322027647″Iraq PAGEREF _Toc322027647 h 4

HYPERLINK l “_Toc322027648″Lebanon PAGEREF _Toc322027648 h 4

HYPERLINK l “_Toc322027649″Iran PAGEREF _Toc322027649 h 4

HYPERLINK l “_Toc322027650″Brief History of Country and its Political Climate PAGEREF _Toc322027650 h 5

HYPERLINK l “_Toc322027651″Syria’s Fractured Opposition PAGEREF _Toc322027651 h 7

HYPERLINK l “_Toc322027652″Russia and China Veto on Syria PAGEREF _Toc322027652 h 8

HYPERLINK l “_Toc322027653″State Level PAGEREF _Toc322027653 h 10

HYPERLINK l “_Toc322027654″The Authoritarian State PAGEREF _Toc322027654 h 10

HYPERLINK l “_Toc322027655″Religions in Syria PAGEREF _Toc322027655 h 11

HYPERLINK l “_Toc322027656″Individual Level PAGEREF _Toc322027656 h 12

HYPERLINK l “_Toc322027657″President Assad’s Background PAGEREF _Toc322027657 h 12

HYPERLINK l “_Toc322027658″Al Assad’s Personality Traits and how it affects the Conflict PAGEREF _Toc322027658 h 12

HYPERLINK l “_Toc322027659″Conclusion PAGEREF _Toc322027659 h 13

HYPERLINK l “_Toc322027660″References PAGEREF _Toc322027660 h 14

An Analysis of the Syrian CrisisIntroductionThis paper posits to explore and provide an analysis of the Syrian crisis. The Syrian crisis is intertwined into the multifaceted fabric of Middle Eastern interactions which mystifies numerous political observers inside as well as outside the region. It follows the Arab Spring currently witnessed that has taken the entire globe by surprise. A majority of political observers could not have anticipated that sequence of events that overthrew the regimes in Egypt, Tunisia, as well as Libya would threaten the Syrian regime of President Bashar Al-Assad. The intricate state of affairs in the Middle East has encouraged President Al-Assad to cling unto power and instigate a bloody onslaught against his populace. The Syrian citizenry has continuously demanded that been demanding that President Al-Assad steps down, in order to facilitate the setting up of a government with a solid democratic foundation. Even though President Al-Assad has lost a solid power base, it is apparent that he has exploited the intricate regional state of affairs which has destabilized the capacity of the United Nations (U.N) to firmly counter the Syrian crisis. In order to comprehend the complex state of affairs, it is appropriate to take a broader look at this region. This may help in understanding why the U.N seems incapable of being decisive against President Al-Assad (Mario, 2012).

System LevelOverview of Regional Influences on the Current CrisisTurkeyFrom the time the Syrian crisis began, a lot of experts consider Turkey as a foremost player in bringing the conflict to an end either by military intervention or pressure. On the other hand, the ruling Syrian Alawi minority who number approximately less than 3 million have family ties with approximately more than ten million Turkish Alawi minorities. This would mean that, in the event that Turkey tries to overthrow the Syrian Alawi regime, it may encounter some complexity at home (Abdulmonem, 2012).

IraqIt is evident that the Iraqi Prime Minister Nouri Al-Maliki supports Syria. This is most likely because he acknowledges that, in the event that the ruling Alawite administration, which bears close ties with the Shiites, is overthrown, the Iraqi Sunnis would get stronger. This would ultimately weaken the Shiite grip on the administrative affairs of Iraq. It would be more appropriate for Prime Minister Al-Maliki to demonstrate support for Syria as well as its Alawite regime (Bassam, 2012).

LebanonLebanon endeavors to liberate itself from the influence and grip of Syria that has lasted for over 5 decades. However, the current clashes at Jabal Mohsin District between Alawites and Bab Al-Tabbana District in Tripoli between the Sunnis reflect the influence of Syria in Lebanon. In addition, several members of the Lebanese administration have close associations with the Syrian government and that clarify why Lebanon abstained from denouncing Damascus or even implementing sanctions against it (Abdulmonem, 2012).

IranIran always maintains a close watch over the region. It instigates and maneuvers as well as offer monetary assistance covertly and occasionally directly participates in regional dealings as it does in several parts on Syria. Iran is seeking supremacy in the region and attempts to assume a major role in global affairs in spite of whether it has the capacity to assume such a position or not. Tehran is apprehensive that the conflict against Assad’s government might be a lead up to a future conflict against Iran. This gives the reason as to why Iran supports the Syrian administration and vice versa. The two regimes are at similar crossroads and may fall or prevail together. Iran acknowledges that, in the event that the Syrian regime crumples it could disrupt its vision of nuclear energy development, which numerous countries have expressed apprehension that Iran aims at producing nuclear weapons. If Iran’s nuclear dreams disintegrate, its regional influence and global politics will be weakened (Bassam, 2012).

Brief History of Country and its Political ClimateIn 1920, a sovereign Arab Kingdom of Syria was founded under King Faysal who afterward became the King of Iraq. Nevertheless, his rule in Syria came to an abrupt end a few months later, following the conflict between his Arab forces and French forces at the skirmish of Maysalun. French troops assumed occupation of Syria after the League of Nations placed Syria under the mandate of France. In 1940, Syria was governed by the Vichy regime until the Free French and British occupied it in July 1941. France evacuated its troops in April 1946, following continued pressure from the Syrian nationalist groups, leaving Syria under the control of a republican administration that had been shaped at some stage in the mandate (Abdulmonem, 2012).

Although speedy, economic development followed Syria’s declaration of independence in 1946, the Syrian political arena was marked by turmoil. Syria’s political volatility during the years subsequent to the 1954 coup, the evident parallelism of Egyptian and Syrian policies, and the petition of Egyptian President Gamal Abdel Nasser’s during the Suez crisis of 1956 produced support in Syria for union between the two countries. Syria and Egypt merged in 1958 to shape the United Arab Republic, and subsequently Syrian political parties ended overt activities. Egypt controlled economic policy in Syria, creating resentment among a lot of Syrians. However, the union crumpled, and subsequent to a military coup in1961, Syria withdrew from the union to form the Syrian Arab Republic. Volatility characterized the following 18 months, with several coups that ended with the establishment of the National Council of the Revolutionary Command (NCRC), by leftist Syrian military officers. The NCRC took control of legislative and executive authority. This turn of events was engineered by the Ba’ath Party (Arab Socialist Resurrection Party), which was active in Syria as well as other Arab nations. This new cabinet was lead by the Ba’ath party. The Ba’ath party has continued to dominate in Syrian political leadership since then.

Following the repercussions of the 2001 terrorist attacks in the U.S, the Syrian political landscape changed, as the Syrian administration began some degree of collaboration with the U.S. counterterrorism initiatives. This was on the grounds of shared hostility against al-Qaeda’s objectives. Syria was in opposition to the Iraq conflict in 2003, but bilateral associations with the U.S deteriorated swiftly. In 2003, U.S President George W. Bush endorsed the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003. This instigated the imposition of a sequence of embargos against Syria if the Syrian administration did not stop its support for terrorist groups in Palestine, and restrain its military as well as security meddling in Lebanon. The Syrian administration was also expected to cease its quest of weapons of mass destruction, and abide by its commitment to United Nations Security Council resolutions concerning the reconstruction and stabilization of Iraq. In 2004, the U.S established that Syria was yet to comply with the conditions and instituted embargos that prohibited the exportation to Syria of products from the U.S. except for medicine and food (Frost, 2008).

Tensions between the U.S and Syria intensified from 2004 to 2009, primarily in regard to concerns issues relating to Lebanon and Iraq. Prior to the execution of former Lebanese Prime Minister Rafiq Hariri, the U.S and France in 2004 had influenced the UN Security Council Resolution (UNSCR) 1559, demanding the withdrawal of all foreign troops from Lebanon. As a result of demands from the international community after the Hariri assassination, the Syrian forces positioned in Lebanon from 1976 were withdrawn by 2005. Sensing isolation from the international community, Syrian reinforced its associations with Iran as well as radical Palestinians militant groups in Damascus, and embarked on efforts to eradicate all signs of domestic dissent. However, in 2007, President al-Assad, through a referendum won a second 7-year term, after garnering 97.6% of the votes (Davidovic, 2008). After 2009, the U.S has endeavored to engage with Syria in an effort to explore areas of common interest, decrease regional apprehension, and support Middle East peace. These initiatives included executive and congressional meetings with higher-ranking Syrian bureaucrats, including President Bashar Al-Assad, and the arrival of a U.S. diplomat to Damascus. The Syrian administration’s violent reaction to public dissent since March 2011 has lead to the isolation of Syria politically from the U.S, the Arab world, Europe, and other parts of the global community. Prior to the suspension of operations in February 2012, the role of the U.S. embassy in Syria robustly supported the movement en route for political reform as well as greater openness (Mario, 2012).

Syria’s Fractured OppositionThe Syrian opposition is a broad group, representing Syria’s ideological, generational, and sectarian divides. Since the commencement of the protests, the opposition is still struggling to surmount infighting, mistrustful tactics, immature politics, and inexperience. These flaws prevent it from developing the requisite capacity to offer credible different political options to the Syrian population. This disarray in the opposition is not new, since prior to the eruption of protests, the opposition had suffered from disagreement, and the recurrent problems of opposition groups in exile. In August 2011, Syrian opposition figures attempted to assemble their supporter under the Syrian National Council (SNC) to create a unified force against the Syrian regime. However, the SNC is flawed by internal wrangles and differences among the memberships. Some leading opposition leaders have currently abandoned the SNC, while several others are expected to follow suit. Some opposition members have described the SNC as autocratic, leading to the resignations that have heavily fractured the protests. This has in reinforced the Assad regime’s stature in the international and Arab arena, due to the opposition’s failure of to join ranks. In such environment of variables, focus has shifted to the alternative of a political resolution to the crisis. However, some opposition leaders such as Luai Hussain are seeking a universal political settlement that is suitable to all parties. However, unity between the protestors is still a mirage (Eiad, 2012).

Russia and China Veto on SyriaFollowing the Arab spring materialization in Syria, China and Russia employed their veto to endorse a UNSC resolution with an intention to bring to an end the Bashar-al Assad administration’s hostilities on the opposition. The U.N estimated in December 2011 that over 5,000 persons had perished since March of the same year. Updates to that figure have been difficult owing to the state of insecurity in Syria. The opposition alleges that approximately 7,100 persons, including 461 youngsters, have perished since the commencement of the Syrian uprising. It is evident that the international community seeks to end the conflict, but the question begs as to why china and Russia are opposed to a ceasefire. The natural response appears to be that, both china and Russia are reluctant to set a precedent, which would afterwards be replicated in a similar state of affairs developing in their countries. Putin, the Russian Prime Minister, is experiencing unusual resistance and he fears that a movement like the Arab spring in Russia that would oppose his leadership style would pave the way for democratic restructuring as he seeks re-election for Russia’s top office for the 3rd time (Bassam, 2012). Putin is aware that Russian’s desire a more liberal democracy in place of the communist democracy that rules Russia currently. Russia supplies Syria with weaponry and controls a naval base at Tartous. Russia has expressed intent to mediate in consultations between the Syrian administration and the opposition in Moscow. However, the Syrian National Council chief, Burhan Ghalioun, maintains that Bashar-al Assad resignation is mandatory prior to any such consultations and prior to the transition of power in Syria (Team SAI, 2012).

China’s foundational national interest is to maintain China’s fundamental system as well as national security. While national security as a foundational interest is clear, the term fundamental system (tizhi) emphasizes long-term disquiet of the Chinese Communist Party (CCP) in relation to regime security as well as threats to its authority. In 2004, the Chinese President Hu Jintao, while addressing the Central Military Commission, expressed this interest in terms of perpetuating the absolute control of the CCP (Kaldor, 2009). In China, the Tibetan monks self-immolation as well as the Uyghur uprising along with a variety of related fault lines like the rich-poor divide, political aspirations amongst the middle class as well as a rise in mass unrests over the past several years which have been brutally suppressed have forced vigilance on the Chinese Communist administration. China’s administration views these as threats challenging the power of the regime and the CCP. As demonstrated by CCP’s swift response to initiatives by activists overseas to instigate a Jasmine revolution (molihua geming) subsequent to the Arab Spring in 2011, China’s leadership is hypersensitive to internal challenges to its rule (Mario, 2012).

However, Russia, which was at one time, a super power and China as an emergent super power, by this veto would be trying to ensure disintegration of the unipolar world that is led by the US, in favor of a multipolar world order whereby these powers have equal power in running world affairs (Sorensen, 2010). Ultimately, Russia’s bold actions and declarations in support of the Syrian regime are schemes meant to restore its place as an international superpower. Whereas Russia has substantial economic as well as, strategic reasons for sustained support, Syria offers Kremlin the opportunity to defy the West’s power in the Middle East affairs (Team SAI, 2012). Supporting Assad’s regime is not founded on moral or ideological principles, but rather on bare power politics.

China has adopted a lasting strategy to defy the US supremacy so as to preserve its foundational national interests. This has been through focusing on the less developed and emerging economies in order to promote its global agenda. It aims to exploit its autonomy in the global system in order to limit the limitations of unipolarity. It is apparent that China feels disproportionately inhibited by the U.S and therefore, actively sustains the growth of other powers, particularly in the developing and emergent economies of the world (Team SAI, 2012).

State LevelThe Authoritarian StateThe Syrian regime’s violent reaction to protests since March 2011 has lead to the death of approximately 5,400 people according to the UN Office of the High Commissioner for Human Rights (OHCHR). The wounded, tortured, arbitrarily arrested, and disappeared protestors as well as their relatives within as well as outside of Syria are targeted, cannot be enumerated. The Syrian administration has been reported to employ artillery fire in confronting unarmed civilians; campaigns for door-to-door arrest; shooting of medical staff who try to assist the injured; raids against mosques, clinics, and hospitals, as well as arrest of medical workers and purposeful damage of medical supplies. This has led to approximately ten thousand refugees fleeing the country, from March 2011, headed to Turkey and Lebanon according to the Office of the High Commissioner for Human Rights Commission of Inquiry’s report to the General Assembly, November 2011(Abdulmonem, 2012).

As Bashar al-Assad deployed tanks and troops to confront the protesters, he compromised the civilian access to basic necessities including water, food, as well as medical supplies. Following lengthy consultations, the Syrian regime agreed in December 2011, to permit an autonomous monitoring mission to freely move inside Syria as a component of a peace program mediated by the League of Arab States. Nevertheless, briefly after the monitoring mission started, there were allegations that the Syrian administration was impeding the monitors’ access. According to Human Rights Watch (HRW) the Syrian forces were transferring detainees to increasingly sensitive military sites whereby access to monitors could not be easily granted (Hook, 2011).

Religions in SyriaThe vast majority of Syrians are Muslim, whereby approximately 74% of the Syrian population comprises of Sunni Muslims. The Alawite, Ismailis, Yazidis, Druze, and Shi’a comprise 16% of the Syrian population. The Alawite comprise a significant minority in Syria, and they hold an unbalanced share of Syria’s political power. Although the Alawites consider themselves as Muslims, they merge their declared creed with several Christian rites as well as esoteric cults. Also, significant are the Druzes, whose faith is a derivative of Shi’a Islam. Alawites, Druzes, and Orthodox Muslims, together constitute approximately 90% of the Syrian population. Approximately 10% of the Syrian population is Christian, while Greek Orthodox is the prevalent denomination among the Christians. Other Christian denominations include Armenian Orthodox (Gregorian), Armenian Catholic, Syrian Orthodox, Syrian Catholic, Maronite Christian, Mennonite, Baptist, Nestorian (Chaldean), and Mormons. There is also a tiny Jewish population in Damascus, Aleppo, and Al Qamishli. Although according to the Syrian constitution, Islam is not the State religion the president must be a Muslim. Islamic law remains the main foundation of legislation (Brendan, 2009).

Individual LevelPresident Assad’s BackgroundBorn on Sept. 11, 1965, Bashar el Assad is the second son of the former Syrian President Hafez el Assad, who ruled Syria from 1971. His initial area of training was in medicine as an eye doctor, initially in Damascus at a military hospital, prior to moving to London’s St. Mary’s Hospital. Bashar el Assad was never groomed to assume leadership, but rose to leadership because his elder brother Basil, who led the presidential guard, perished in a car crash. Prior to assuming leadership of Syria, Bashar el Assad was considered as rather awkward and meek figure. He was seen as increasingly thoughtful and quiet. Following his brother’s demise, his father enrolled him into a military academy, and began preparing him for power. The manner in which President Al Assad’s perceives the protestors is clearly evident in the way his regime has handled the crisis (Gardam, 2010).

Al Assad’s Personality Traits and how it affects the ConflictBashar Al Assad lacks self-confidence, maturity, charisma, leadership qualities as well as the killer instinct that is vital to anybody who would rein Syria. The selection of an inexperienced and young leader who evidently lacks public trust was inconsequential in Syria. Syria is a nation that is experiencing severe economic and social problems that necessitate unequivocal and immediate solutions. More importantly, Syria plays a critical regional role and might decide the region’s fate. Therefore, the leadership vacuum that exists in Syria owing to Assad’s unimpressive personality traits presents problems, for Syria as well as for the entire Arab region (Eiad, 2012).

Links of Al Assad to the Alaawites in Syria The role played by the Syrian elite in the country’s crisis might bear an influential factor in the regimes’ collapse. Currently, the elite are in a firm alliance with Assad’s regime, and this would make it exceedingly challenging to envisage the regimes downfall. Throughout his decade in command, Assad considerably strengthened links between the Sunni, merchant class as well as the military that is Alawite- dominated. Assad shares much in common with the Damascus elite than he shares with the Alawites in the north-west of Syria. Sunnis are integrated into Syria’s official power structures, whereas the indigent Alawites have experienced a demotion in their status. When Assad assumed office in 2000, he instigated a series of strategies that led to a gradual liberalization of the country’s economy. The Alawites remained mainly in the army while the Sunnis controlled the economy. This has led to a split among Syria’s elite, mainly, the Sunni who are mainly the business class, and the Alawite in the security forces (Gardam, 2010).

ConclusionThis paper would pose the question as to whether the global community has a right to intervene to deal with the tyrannical nature of President Al Assad’s regime. This understanding would be powerfully informed definition of sovereignty as the absolute and perpetual power of a state. One complex and extremely discussed subject in relation to Syria’s humanitarian intervention is the criteria for when intervention is appropriate. Paradoxically, there is reserved consensus with reference to which situation activates this right. With this in mind, it remains the prerogative of the Syrian people to charter their way forward, since the international community is tied in an intricate web of bureaucracy.

These most recent EU sanctions bear significant impact since the EU is the country’s largest export market for oil. Syria produces approximately 385,000 barrels per day, and exports approximately 150,000 barrels each day, of which the largest portion goes to the European countries, mainly the Netherlands, Spain, Italy, as well as France. The country exported €3.1bn in crude oil and related petroleum products to the European Union last year. This accounts for 92% of its entire exports to the European countries. The EU sanctions against include a freeze on the assets of Syria’s central bank. It is now evident that the Syrian population should reconsider the wisdom in armed rebellion or external military assistance. This is because the protests have dragged on for approximately 12 months, while Assad administration has demonstrated that, it can hang on for as long as it would take. This is irrespective of the related humanitarian, material, and political costs. The options to overthrow the Assad regime through Arab or foreign military involvement or even through arming the Syrian protestors have failed. This means that, a political solution remains as the only option. This resolution should be founded on consultations between the opposition and the regime and the accord to implement authentic reforms.ReferencesAbdulmonem M. (2012). Overview of the Regional Players. Saudi Gazette. Retrieved from  

http://www.saudigazette.com.sa/index.cfm?method=home.regcon&contentID=20120219Bassam, H. (2012). Syria’s Curious Dilemma. Middle East Research & Information Project. Retrieved from http://www.merip.org/mer/mer236/syrias-curious-dilemma 

Brendan, J. (2009). Politics of Ethnic Conflict Regulation. London: Routledge.

Davidovic, J. (2008). Are Humanitarian Military Interventions Obligatory? Journal of

Applied Philosophy25 (2) pp. 134-143. Retrieved from https://bora.uib.no/bitstream/1956/3692/1/58323156.pdf

Eiad, W. (2012). Oppositions in Disarray. Syria Today. Retrieved from

http://syria-today.com/index.php/december-2011/916-politics/17467-oppositions-in-disarray-

Frost, E. (2008). Asia’s Contemporary Regionalism. N.Y: Lynne Publishers. Retrieved from http://yaleglobal.yale.edu/about/frost.

Gardam, J. (2010). Necessity, Proportionality Use of Force. Cambridge: Cambridge University Press. Retrieved from https://bora.uib.no/bitstream/1956/3692/1/58323156.pdf

Hook, S. (2011). U.S. Foreign Policy: Irony of World Power. N.Y: CQ Press.

Kaldor, M. (2003). International Civil Society: A Response to War. Cambridge: Polity Press.

Mario, L. (2012). Sovereignty, Syria, & the Arab Spring. National Review Online. Retrieved from   http://www.nationalreview.com/articles/291196/

Sorensen, G. (2010). Sovereignty: Change & Continuity in Fundamental Institutions. Political Studies, 47, 90.Team SAI. (2012). Analysis: China and Russia’s Veto on Syria. South Asian Idea.

Retrieved from http://southasianidea.com/analysis/china-and-russias-veto-on-syria/

Analyse the current position of BMW

Executive Summary

The purpose of this study is to analyse the current position of BMW; the first phase will aim in providing information on the automotive sector, analysing the company, the competitors, and the macro-environment identifying also the key issue of the company. The second phase presents a more practical approach targeted to the identification of some marketing objectives, and developing a strategy to achieve them.

Introduction

Specialized in the production of automobiles, BMW Group is globally considered one of the most successful companies in the world. The group is composed by three main different brands, MINI, BMW and Rolls Royce, which are aimed respectively to different target markets. BMW continues to be one of the best players in the luxury automobile sector, growing despite the European markets’ crisis; as a matter of fact, BMW sales including Rolls Royce and MINI reached 191,269 units in March 2013 surpassing the result of 2012 of 5,528 units (Rushlane, 2013). The group is well positioned in worldwide market with 24 manufacturing facilities in 13 different countries, and it can count on a distribution network in more than 140 countries (Bmwgroup, 2013). Long term thinking, ecological and social responsibility in the value chain, strong investment in research and development, and an effective speed and agility in sustaining the changes in the market, are some on the key reasons for BMW success. The company has always promoted high- performing product trough a high-profile brand since the early stage; this perception is still present and evident in the company’s culture and has always been the guideline to narrow the strategic path of the group.

American Revolution

American Revolution

Name

Affiliation

Introduction

All the thirteen colonies that later become the United States of America were at first the colonies of Great Britain. Just before the American Revolution took place the people of these Colonies were tired with the British rule. From time to time, there existed discontent and rebellion amid the people (Egnal, 2010, p. 12). For those individual who think that the change the American government is a real revolution they are wrong as the change is an economic and social one. One of the reasons that the colonies were rebellious against England was the heavy taxation issue bestrewed upon them. Were taxation and discomfort amid the colonies the only reasons that the revolution took place? The below sections will highlight other reasons why the American Revolution took place.

The thirteen colonies disputed that the British had no legal power to overtax them, in addition, they wanted a representation if there were taxed but England could not offer this. This was the main cause of the American Revolution. Based on the Revenue Act of 1764 a constitutional agenda was discussed whether the King had the mandate to Tax the colonies. This later led to wedge in the dispute that finally freed the United States Colonies from Great Britain power. Taxation without representation that prompted the reasons of the American people against their mother country (England) (Hobsbawm, 2010, p. 23).

The response against taxation among the colonies was very rampant. Most articulate and powerful political and social groups in the population went against the rule that caused this taxation issue. Resolutions against the eve of taxation with any representation that on the view of the Americans was a threat to colonies liberties were passed. In 1765, all the representatives held a closed-door meeting for the first time to choose the best options to mobilize their people against interference in American issues and Affairs. From this time onwards, the Americans reached a point of no return. In November, 1773, at the Boston Tea Party, a reaction to the compromising Tea Act prompted a reaction among the colony representatives. The following year Continental Congress met for the first time and formed the “Association.” The body assumed the leadership of their mother country (England) and started domestic organizations to end Royal Authority. Many people opted to join the movement, thanks to the Association formed. Mobilization of the army and collection of suppliers began to take effect. The management of the Association was able to propel public concern into a revolutionary devotion.

The other reasons that the American Revolution took place is because of resource sharing. The British were known by taking resources such as minerals from the thirteen colonies without at accountability. Without the French assistance, the Americans would not have succeeded with their revolution because the Americans were not strong enough to fight the British alone. They had reliable and unlimited resources, as well as their army, were bigger and trained as compared to that of the USA. Thus, France supplied them with soldiers, Ammo and other resources needed. Despite the fact that the French assisted the Americans in bringing the British down, their biggest intention was to ensure the Royal territory was down as they were their enemies. Hence, the reasons why the Americans allied with the French to attain their revolution. This was another reason the American Revolution took place.

Despite the fact that the revolution movement was one of its own and brought various advantages to the people of America, not everyone was on its favor. This was evident in areas of varied ethnic cultures as well as those that were not liked the British Regime. The people of the middle colonies were unresponsive about the revolution (Young, 1976, p. 21). Amid those that supported change in the government framework or structure, not all who took part in the war favored violence. Members of regions, Quakers, and farmers from the middle and southern colonies opposed the use of force and violence and rather preferred compromise and discussion (diplomatic). However, the majority were in favor of the war. The unity amid the people was the main reason for their success.

Conclusion

Most of the revolutions that have ever happened in the world start with the eruption of violence that is caused due to extra demands from the government against its people. The American Revolution is an example of these revolutions. The congress was the leaders of the revolutionary war. This revolution was the first of its kind in history. The Americans demanded representation which the British denied, this prompted them to fight their colonizers. The Americans were able to set up their government after the war. Therefore, what was originally started to offer security for British Americans individual rights equal to the ones enjoyed by other Englishmen, this become the struggle for political independence. The revolutionary cause come from the challenge of legislative power. The will to have the power to manage their country started the revolution. The country gained independence from the England, and the United States was born.

References

Egnal, M. (2010). A mighty empire: The origins of the American Revolution. Cornell University Press.

Hobsbawm, E. (2010). Age of Revolution 1789-1848. Hachette UK.

Young, A. F. (Ed.). (1976). The American Revolution. Northern Illinois University Press.

Exchange-Trade Fund

Name:

Professor’s name:

Class name:

Date:

Exchange-Trade Fund

One may wish to understand what passive trading or active trading may mean in the stock exchange. Exchange-traded fund (ETF) is closely related to passive trading, and it refers to an investment fund that is majorly traded on the stock exchange market just like many other stocks. An Exchange-traded fund is in hold of assets such as commodities, bonds, trades, and stocks that are closer to the net value of the assets in the progress of trading day. Most ETFs track an index that includes bond index or stock index. ETFs might be attractive in a way as forms of investments, simply because of their lower costs, stock-like features, and tax efficiency. In order to understand Exchange trade fund properly, a comparison between currency of two nations namely Turkey and USA has to be carried out because both are developed countries and have almost similar expenditure values. The comparison will be done based on a five year period that ends in 2010. USA and Turkey are both developed countries but have different economy. The difference in economy can be reviewed through the use of Exchange-traded fund (ETF) .Additionally, various forms of ETFs which include Dow Jones Istanbul 20 (DJIST), Non-Financial Istanbul 20 (NFIST), Smaller Companies Istanbul 25 (SMIST), and Istanbul GOLD ETF (GODIST) will be considered while trying to understand ETF in the two countries.

The authorized participants, comprising of large broker-dealers that have ensued various agreements with exchange-traded funds distributor, are basically engaged in buying or selling of ETF shares directly to or from the ETF. Turkey and the USA buy or sell the ETF either directly from the fund company or through the use of a broker. This can also occur in creation units, “which comprise of large segments of several ETF shares that are normally exchanged duly with baskets of underlying securities” (Wiandt and Will 37). This means that the eligible participants may opt for long-term investment in ETF shares mainly due to its high return rates and global recognition. Indeed, they play a bigger role in the open markets during the process of market making. This is mainly through the utilization of their ability towards exchanging the creation segments with their varying forms of securities. This hence provides a wide range of ETF liquidity in terms of its shares, thus assisting in ensuring that the net asset value of all the underlying assets are approximates of their intraday market pricing values.

Trading can be rated in terms of net asset worth, with the traceability element of a closed-end stock, which trades all along the trading period at prices that might seem to be less or more than its general asset value. Wiandt and Will claim that, “Closed-end funds are not normally considered as ETFs, although they are certified funds and should be transacted on the exchange basis” (Wiandt and Will 39). Therefore, ETFs have been in existence in US since 1993. ETFs customarily had been in the form of index funds until 2008 when the U.S. However, “Securities and Exchange Commission authorized the establishment of actively managed exchange-traded funds” (Wiandt and Will 40). All in all, ETF combines the valuation aspect of a unit investment trust or a mutual fund. These can either be sold or bought at closing stages.

The value of Turkish currency (TUR) versus the US dollar has a little variation which can be evaluated by comparing the two currencies. For the past five years, the rate of US dollar versus the Turkish Lira has remained at an almost constant rate of 1.00 USD being equivalent to 2.23651 TRY. This little variation is mainly because the Turkish economy is currently regarded as one of the most emerging global economies. Turkey received momentum in its economy as a result of fuelling in of cheap credit into its growing construction industry by foreign investors who sort after emerging markets. Both the US and the Turkish economies seem to be growing at a higher rate. However, the US economy is at a much higher level compared to Turkish economy because there is massive action towards forward guidance, credit easing, and the simulative fiscal policies with the policy mix whereby many conservatives decry as being the ultimate lead to an inevitable higher inflation. However, high inflation is what has made US thrive well as compared to other economies such as the Turkish.

As an emerging economy, Turkey has got various notable Exchange –trade funds. Some of these ETFs includes; Dow Jones Istanbul 20 (DJIST) considered as the first exchange-traded fund, Non-Financial Istanbul 20 (NFIST) which is considered as the secure sector Turkish ETF, Smaller Companies Istanbul 25 (SMIST) which is a first style Turkish ETF, Istanbul GOLD ETF (GODIST) that is traded with regard to gram indistinguishable shares, and even FTSE Istanbul Bond ETF (FBIST) that is considered as the first firm remuneration both in Turkey, and the entire Europe (Hiriyappa 67).

The most explored exchange trade fund in Turkey is the DJIST since it allows investors to acquire proper exposure to the major and most liquid blue-chips that are listed on Borsa Istanbul. DJIST ETF can be transacted on the Istanbul Bond Exchange (BIST) just like other stocks and can even be sold and bought through any brokerage house or licensed bank. DJIST shares are easily obtained through the BIST. This has mainly been because there are well-set protocols that are meant to ease the transaction whereby, protocols, as referred, include implementation of Takas-bank system, which is a form of Economic Traded Fund. It bases its ideology on a liquid index that can ease favorable realizations even if there exist infrequent trades of the ETF. Also, institutional investors using only a single transaction, gain exposure to the Turkish Capital Markets. The other factor is that, it is considered as the first and leading Turkish Exchange-traded Fund. DJIST also offers the institutional investors with the sole ability of acquiring exposure to the entire Capital Markets of Turkey just with a single transaction. On this note, DJIST has got 20 largest liquid stocks all in the BIST. All in all, DJIST shares are easily obtained through the BIST.

Conversely, DJIST offers diversification since it comprises of the prevalent and most liquid Turkish blue-chips that are easy to trade with. Dow Jones Istanbul 20 ETF hence plays a role in minimizing the risks and uncertainties that are imposed by single stocks. It makes company risks as well as liquidity to be more manageable because it can be used in diversification of the entire form of portfolio and/or comprehensive investment policy as a major holding.

 DJIST allow investors to venture in twenty stocks once and for all instead of just investing in a single stock thereby reducing more risks and uncertainties, hence initiating higher stock market returns in. Additionally, this Turkish exchange traded fund uphold transparency to a greater extent because, it is a trading trend is subject to publication on its extensive website every trading day, hence enabling investors efficiently keep track of their daily investments (Lerman 54). The trading portfolio or trend has to do with the market exchange of TUR against other global currencies, including the Dollar. Finally, the aspect of continuous pricing of its shares on the BIST has led to the success of DJIST. Intraday NAV also are issued by the manager almost every 15 seconds of BIST trading hours. This hence allows investor to amass intra-day liquidity. Therefore, efficient and effective intra-day pricing ensures reduced deviation from the fund’s Net Asset Value.

Compared to other global economies of the developing or emerging economies, “the Turkish economy seem to be booming in relation to the exchange value with some of the leading currencies, for instance, the US dollar” (Lofton 46). Consequently, for the past five years or so, the Turkish Lira has tried to maintain its constant rate against the US dollar ranging between 1.978 and around 2.456. This owes to the acceleration of the industrial output of Turkey, assisted by strong growth in the export sector, as well as the booming construction industry witnessed within the stated years. From the analysis, this has been mainly boosted by its emerging trends in terms of the virility of its exchange-traded funds (ETFs) in the stock and money market. Being the most efficient and effective investment funds that can hold assets such as bonds, commodities, or stocks, and being traded on stock exchanges; exchange-traded fund (ETF) has been very attractive to investments simply because of their tax efficiency, and low costs that has currently made them more popular and lucrative in nature.

In conclusion, as evident, ETFs track an index that includes bond index or stock index. ETFs might be attractive in a way as forms of investments, simply because of their lower costs, stock-like features, and tax efficiency. However, ETF varies from country to country evident through the comparison of currency of two nations; Turkey and USA. Touching on the Turkish Lira against the US currency, the main factors, which had to be considered in terms of such valuation, had to do with this aspect of exchange-traded funds simply because they are the main determinants of the country’s currency value, and the global recognition. Though, regardless of the efforts that are being exerted by Turkey, the US currency has still maintained its value since they have also got well-established stock and money market systems.

Work Cited

Hiriyappa, B. Investment Management: Securities and Portfolio Management. New Delhi: NewAge International (P) Ltd., Publishers, 2008.

Lerman, David. Exchange Traded Funds and E-Mini Stock Index Futures. New York: JohnWiley & Sons, 2001. Print.

Lofton, Todd. Getting Started in Exchange Traded Funds (efts). Hoboken, N.J: Wiley, 2007.

Print.

Wiandt, Jim, and Will McClatchy. Exchange Traded Funds. New York: Wiley, 2001.

Exclusion of Evidence- Cases and Legislations

Exclusion of Evidence- Cases and Legislations

Author

Institution

Introduction

The judiciary is one of the most fundamental institutions in any country. It is charged with the responsibility of defending, as well as upholding the constitution and ensuring that the rule of law has prevailed. It is worth noting, however, that a pervasive aspect of the role of judiciary at each level is safeguarding every person’s human, legal and constitutional rights. In instances where a court attempts to settle a dispute, it is charged with the responsibility of determining the facts pertaining to the case. This is usually through adducing the evidence that the contestants, from which it will determine the laws applicable to the circumstance or controversy (Wolchover, 1986). As an interpreter of the laws of the land, the judiciary is expected to safeguard the fundamental legal, human and constitutional rights through examination of the evidence. The evidence, in this case, may be in the form of physical items found at the scene of crime, the statements of the accused, witness or victims, testimonies from experts or even law enforcement agencies (Wolchover, 1986). However, the admissibility of evidence is never automatic. There are instances where evidence produced in a court of law may be excluded during the determination of the case. This is the situation in the case provided.

The 32-year old man charged with rape was interviewed by a detective. He initially admitted to the crime but later retracted his statement saying that he made the admission as he was under coercion by the arresting officer. In addition, he has stated that he was not subjected to a medical examination and was suffering from withdrawal symptoms at the time resulting from his drug addiction.

The key reason as to why statutes or rules limit the admissibility of evidence is to ensure that the accused individuals is accorded a fair trial that is only based on reliable and factual evidence (King, 2002). It aims at ensuring that the innocent are not convicted and that only guilty individuals are convicted. In the case presented, it is imperative that one determines whether the human, legal and constitutional rights of the defendant were infringed upon, or whether the law enforcement agencies acted in a manner that would render the testimony of the defendant inadmissible in a court of law.

Rule 95 of the Statute of the International Tribunal and the Rules states that evidence would be inadmissible in cases where the methods through which it is obtained would cast significant doubts pertaining to its reliability or in instances where its admission would be seriously damage and be antithetical to the proceedings’ integrity. This statement is complemented by S90 of the Evidence Act of 1995, which gives discretion for the exclusion of prosecution evidence in instances where the circumstances under which such admission was made would be unfair to the accused individual (King, 2002). This is the same case for S135 of the Evidence Act of 1995 which states that the court would have the discretion to exclude evidence in instances where its probative value has been significantly outweighed by the danger that that evidence would be unfairly prejudicial to one of the parties (Allen, 2012). This is not a simple fact of the evidence advancing the prosecutor’s case or even rendering the defense case weak, rather it underlines the fact that such evidence would destroy the case of the defendant in a manner that is deemed unacceptable and prejudicial (King, 2002). This is the case for the 32 year old man. As much as the prosecution may want to bring in the self-made confession as evidence in the court, the technique through which it was obtained is questionable. The defendant has stated that he made the confession under duress from the arresting officer. Given the arresting officer’s history of assaulting individuals, it is highly likely that the same was done to the defendant in this case. The evidence so obtained would, therefore, be inadmissible due to this impropriety. Scholars note that constitutional provisions pertaining to such impropriety extends to actions which, although not unlawful or criminal, are clearly or quite inconsistent with the minimum standards that the society requires or expects from individuals who are entrusted with enforcing the law (Allen, 2012).

On the same note, given the duress that he alleges during arresting interviewing and making the confession it is logical to conclude that the defendant was not given the option of having his counsel present. This is contrary to Rule 42B (Rights of Suspects during Investigation) of the Statute of the International Tribunal and the Rules. It states that the suspect shall not be questions in the absence of a counsel except in instances where the suspect, by his own volition, waives this right (Khan et al, 2010). In instances where the suspect has waived the right, questioning would cease if he expresses his desire to have counsel and resume only after the suspect has been assigned or obtained counsel.

This was the case in The Prosecutor V. Zejnil Delalic, Zdravko Mucic A/K/A “Pavo”, Hazim Delic, and Esad Landzo A/K/A ‘Zenga” of 1997. In this case, the defense for the accused, Zdravko Mucic outlined that there had been serious violations of the constitutional rights of the accused during the investigation and interrogation. In this case, the defense objected to the admission of a confession that the Austrian police had obtained from the accused stating that the man had been extremely tired (Khan et al, 2010). This part was built on the admission of one of the interviewers named Mr. Moerbauer that he was extremely tired at the end of the four hour interview. Considering that the interview was conducted by five individuals who would move in and out of the room, a luxury that the accused did not have, it goes without saying that he was extremely exhausted (King, 2002). This was considered coercion by the interviewers in which case the court ruled that such evidence had to be excluded from the case. This ruling can be applied to the case at hand where the accused confesses that he was suffering from withdrawal symptoms from his drug addiction. Needless to say, he was in no position to make a confession in a fair manner, in which case the admission of such a confession would be prejudicial to his rights as an individual (Khan et al, 2010).

In conclusion, the judiciary makes decisions in cases based on evidence presented in the court. However, the evidence may be inadmissible in varied instances. This is the case for the 32-year old man accused of rape. As much as the prosecution has brought in a confession from the accused admitting to the crime, it is worth noting that the defendant made the confession under duress. He was assaulted by the arresting officer, an individual who has on previous occasions been accused of assault. In essence, the confession cannot be admissible in the case especially considering that the defendant was not subjected to a medical examination before being interrogated. This was a violation of his legal, constitutional and human rights, which raises doubts as to the authenticity of such a confession.

References

Allen, C (2012). Q&A Evidence 2011-2012. London: Taylor & Francis

King, M.T (2002). Security, Scale, Form, and Function: The Search for Truth and the Exclusion of Evidence in Adversarial and Inquisitorial Justice Systems, 12 International Legal Perspective. 185, 218

Khan, K. A. A., Buisman, C., & Gosnell, C. (2010). Principles of evidence in international criminal justice. Oxford: Oxford University Press.

Wolchover, D. (1986). The exclusion of improperly obtained evidence: With special reference to the Police and Criminal Evidence Act. Chichester: Barry Rose.

American River and the Nimbus Fish Hatchery

Name

Professor

Biology Essay

Date

American River and the Nimbus Fish Hatchery

The salmon is famous for its bright colors and jumping more than 20 steps; moreover, it is on the upmost level of the Nimbus Fish Hatchery ladder due to its migration that takes place annually. Families enjoy the experience in the month of November where they visit the hatchery to witness the event; all the same, the migration is very essential to the survival of the salmon and steelhead in the lower part of the American River.

The Nimbus Fish Hatchery has been providing mitigation for the loss of natural fish since 1998; furthermore, it has been successful through forming alliances with the US fish and Wildlife Service, the California department of Fish and Game, and the US Bureau of Reclamation. In the case of the Salmon, they are organized and spawned once they make their way up the ladder with an average salmon female having more than five thousand eggs. Generally, the eggs are housed in a building, and the fish are looked after until they are four to six to six inches long after which they are released in the Sacramento River.

At the beginning of the year, the news about California’s Chinook salmon sounded more than just good with Federal fisheries biologists predicting big numbers of Sacramento River fall run Chinook (the state’s biggest, most commercially important salmon fishery and the biggest population of the river’s fall-run fish in memory). The California salmon council predicted a harvest of 3 million pounds which is three times of last years, and was meant to signify the Great Salmon Crash comeback where they were forced to shut down the whole program in 2008-2009 due to a sudden collapse.

Salmon fishermen and, the sellers of gear and supplies who were gravelly affected by the collapse were looking forward to a prosperous season and year of 2013. Moreover, fans and lovers of the salmon fish were promised by the head of the Golden Gate Salmon Association (GGSA) that they would have the best food and a load of fun come November.

However, this was just the tip of the iceberg with most of these people overlooking the negative side, or rather the limitation that are yet to be addressed. For instance, not I alone that am really sure of the results of the year’s season but the three million catch only seems impressive if compared to the recent years where things were disastrous. If compared to the years before the collapse, the forecast is three times lower; additionally, statistics form the National Marine Fisheries Service show that the catch per season has been slowly decreasing since the 50s with the pace increasing in the 80s.

Reflectively, if you look at the population crash in 2008, the fishing communities and scientists were not aware and did not expect such a thing to happen, and hence they were not prepared in any way. Personally, I would like to know the cause of the collapse, and am pretty sure they large numbers of people that would support me on this notion. There has been news about scientists studying factors from water pollution and a big bridge project that may have facilitated the collapse, where the noise from construction is suspected to have caused harm to the young salmons that were in the course of migration.

All the same, there has been no single factor that has been established to be a cause of the collapse; I have read articles where some scientists ‘think’ that chances are that it might have been caused by poor ocean feeding conditions or water diversions from the delta played role. Altogether, this still does not answer our question, and if truly this was the cause is there anything been done about it? I think the answers are hidden in plain sight all we need to do is add a little bit more effort.

Significantly, from history the salmon have been returning every year with millions of them being seen on the Bay, the Delta, the rivers and streams in the Central Valley and places like Sacramento were known to be crowded with them. If compared with today, something has seriously changed, and the question on our minds is what?

Many people think the answer to my question is “Everything”, but I disagree to agree. Yes, particularly everything has changed from the Gold Rush that brought fabulous wealth and produced inconceivable destruction to the environment (salmon streams) to the dams, cities, farms, and industries that have also had significant impact. According, to my perspective, I argue that we are the ones who changed hence making everything else change.

For instance, most of our efforts to preserve commercial Chinook salmon population might be doing more of hurting than the helping itself e.g. Sacramento’s river population collapse happened despite the efforts to use hatcheries to replace spawning streams destroyed by dams, logging, and development- ever come to think that the process itself might have been the cause of the collapse?

The efforts to improve the nature to an extent of even tracking the baby hatchery fish downriver could be impacting negatively much more than expected and instead of building we might demolishing what we already have. Biologists are of the idea that, the cause of the Sacramento collapse might have been a combo of habitat loss and hatchery production focusing on these as the main issues; but I think this should be the least of their worries since the surviving hatchery lacks the genetic variety of wild fish making it more vulnerable to changes in the conditions of the ocean and finally making it more prone to such collapses.

In conclusion, there is still hope for California’s salmon with the government and resource managers having made the initiative of restoring both water and habitat for Chinook salmon over the years. Conversely, I think that the idea of pumping from the Delta should be limited and should only take place at certain parts of the year to enhance protection of the salmon and other species that are in danger is a good one. The environmental lawsuit that prompted this action plus a few others should create a platform for all the other factors that require to be enforced for the sake of the salmon and California’s future. However, most people are against such actions since due to the cost but prevention is always better than cure; moreover, if such laws are enforced the salmon will not only survive but also thrive and only “US” can make this happen.

american sign language

The American Sign Language

Name:

Institution:

Course:

Instructor:

Date:

The American Sign Language

In the education sector, the stakeholders involved have recently become involved with the welfare of the students and in particular the deaf students. Due to scientific advancements, incorporating English and the American Sign Language would be of great help in improving communication both in school and back at home. It ought to be the responsibility of the respective stakeholder in the deaf child’s life to play a part in ensuring the deaf person gets a good and conducive learning environment. There are different categories of deaf people, which include children born from deaf parents, the individuals who began signing at an early stage in life and individuals who started to sign during their adolescent period and each category has different learning methods from the other (Galvan, 1999).

According to a research carried out, signing was influenced by the period one was exposed to such languages although individuals who began to sign at an early stage in life and those who were born of deaf parents portray a similar use in sign language and display similar learning and comprehending capabilities in terms of the grammatical expressions as per the American Sign Language while comparing to the deaf who learnt the sign language at a much later stage in life (Mayberry, Fischer & Hartfield, 1983). This means signing at a very tender age becomes part and parcel of the deaf person’s life.

The difference comes about in terms of relating the different sign features. Children born from deaf parents grow up learning and comprehending the phoneme as the single most units of communication and they have a problem in advancing their sign morphology because they are taught to use the sign language wholly. They have a tendency to learn the components of a sign but cannot hold on to each and every sign (Galvan, 1999).

A child who begins learning how to sign in school especially at the commencement of their elementary education get to familiarize themselves fast and relate to the different sign languages because their cognitive abilities are not stuck to only one learning process. Their learning tends to advance from the phoneme stage to a more advanced sign language because they are more likely to learn how to analyze the American Sign Language (Galvan, 1999).

The case is diverse for deaf people who began signing at a later stage in life. Taking a look at the brain development of an older child to a younger child, the elder child portrays good signs of better brain development (Galvan, 1999). In reality, an older deaf child finds it hard to comprehend wholly how to sign like the young person because the signing language tends to impair their cognitive judgment in terms of differentiating certain aspects of the sign language. To them differentiating the different sign morphologies has not yet been clearly understood as they tend to take a longer time to differentiate the different signing terms and verbal use (Newport, 1988).

Native signers portray a similar learning skill like the early signers. They tend to gradually conceptualize the development intuition of sign language using either or both analytically and holistic approaches (Newport, 1988). The only problems come in when the early signers and the native signers incorporate a different approach in the signing development especially verbal pronunciation because it brings about major problems in planning for the national curriculum if they are in the same school. A deaf person born of deaf parents will use certain sign language to represent a verb while the early sign learner will incorporate the same sign language to signify a different meaning (Galvan, 1999). It applies the same way to hearing people who learn how to speak English since a native English speaker tends to use certain verbs incorrectly as per the English rules when compared to an individual learning English in school.

Signing between the deaf improves with years of experience and signing. People who have signed for a long time show more signing expressions, which tend to show how much they conceptualize information unlike the early sign learners who tend to fall short of understanding the signing process and techniques.

References

Galvan, D. (1999). Differences in the use of American Sign Language Morphology by Deaf Children: Implications for Parents and Teachers. Retrieved December 04, 2012, from HYPERLINK “http://www.ncbi.nlm.nih.gov/pubmed/10561870” http://www.ncbi.nlm.nih.gov/pubmed/10561870

Mayberry, R., Fischer, S. & Hartfield, C. (1983). Sentence Repetition in American Sign Language. London: Croom Helm

Newport. F. (1988). Constraints on Learning and their Role in Language Acquisition: Studies of the Acquisition of American Sign Language. Retrieved December 04, 2012, from HYPERLINK “http://www.sciencedirect.com/science/article/pii/0388000188900101” http://www.sciencedirect.com/science/article/pii/0388000188900101