The teacher and the failures Essay Example | Topics and Well Written Essays - 750 words

The teacher and the failures - Essay Example The protagonist of the poem as the name indicates is the teacher of Physics demonstrating his science and theories to the students seemingly sitting in front of him. His demonstrations all go wrong. And the poem caricatures him as a comic figure. But deep from inside the subtext of the poem, emerges the caricature of a failed person, who is a tragic failure in life. Finally he goes into oblivion, stepping into the waste basket with staggering steps: a painful exit! The poem echoes a lesson that failures are our real teachers. One has to learn from one’s failures. The poem is full of descriptions of physical science experiments, hence made comprehensible more with the knowledge of theories in physical science. His first demonstration was on the theory on the falling of objects. â€Å"He tried to convince us† (1), {to convince us of the theory that the velocity with which a body falls is proportional to time and independent of both weight and density. He demonstrated it w ith a ping-pong ball and a billiards ball} â€Å"but his billiard ball / fell faster than his ping-pong ball and thumped /to the floor first, in spite of Galileo† (1, 2, 3) {Thus proving the laws of the bodies in motion, wrong! It was Galileo who found out that bodies do not fall with velocities proportional to their weight, though he didn’t arrive at the correct conclusion. Ping-Pong balls and billiards balls are usually used for experiments in particle Physics.

The Value of Hrm to Business Organisations Essay Example for Free

The Value of Hrm to Business Organisations Essay The value of HRM to business organisations Section 1: Literature Review The approach to the employment of people experienced a major shift from traditional personnel management towards human resource management (HRM) in 1980s, when the deflation and recession crashed into the infrastructure of employment. After that shift, the employees were more likely assumed as valuable assets and a key source of competitive advantage (Marchington and Wilkinson, 2002), and the effective management of ‘resourceful humans’ tended to be seen as a crucial approach to improve organizational performance through ‘the strategic deployment of a highly committed and capable workforce using an array of cultural, structural and personnel techniques’ (Storey, 2007, p. 7). As an integral and prominent part of HRM, the pay and reward management also has undergone many considerable changes over the past two decades driven by the shift of organizational management as mentioned above. More recently, the notion that equilibrium pay level results from Adam Smith’s â€Å"invisible hand† – market forces – can hardly explain the pay and reward system of HRM, which involves far-researching aims (Gilman, 2009). Lawler’s ‘new pay’ began to attach much importance to the understanding of the organization’s goals, values and culture and the challenges of a global economy when formulating pay strategy (Armstrong, 2002). And its model suggested that the reward strategy should consist of three key elements: the organization’s core value, structural issues and process, whose consistency would be the key factor of effectiveness of the reward system (Lawler, 1995). More frequently, the reward system is now linked to business strategy through motiving people to behave in expected ways. As Gomez-Mejia (1993, cited in Kessler, 2007) stated that the new approach to pay is more about achieving business objectives, rather than the issues of internal equity and external equity. However, the reward system as a strategic tool in practice is quite doubtful. Many studies showed the indeterminate results from such system like PRP in  terms of performance (Gilman, 2009). And Lewis (2006) also pointed out the limitations of assumptions in Lawler’s model. What’s more, the pay design is fraught with difficulties in changing people’s behavior for organizational goals. For example, the business objectives may contradict on each other in pay policy (Marchington and Wilkinson, 1998). Additionally, it was argued that the business strategy should not be primacy over internal and external equity. As Kessler (2007) suggested that the employees are more likely to feel good and act in ways to progress business objectives if they are paid fairly. And he also pointed out that business strategy and equity may be well related, rather than being alternatives. In the light of these statements, various types of payment scheme are developed such as Payment by Results, Performance Related Pay, Total Reward and Skills-based Pay. And each of them involves a range of principles like internal and external equity, working time, outcome, skills and competencies, effectiveness, experience. The combinations of different principles vary from organizational objectives, cultures and features. Thus there is unlikely to be an all-fit system for every organization. This paper will then focus on the Performance Related Pay (PRP) and the organizations with PRP system. Performance-related Pay (PRP) appears in organizations during 1980s as a result of motivating people to improve their work performance and developing a culture which performance plays a determinant role. First-generation system implemented in the 1980s did not acquire desirable results. Some organizations are carrying out second-generation system to avoid previous mistakes. Others are trying the pay relevant to competence or contribution (Armstrong, 2002). Nowadays, PRP is introduced continuously in two-thirds of organizations (Marchington and Wilkinson, 2002). ‘Performance-related Pay (PRP) provides individuals with financial rewards in the form of increases to basic pay or cash bonuses which are linked to an assessment of performance, usually in relation to agreed objectives’ (Armstrong, 2002, p. 286). According to Armstrong (2002), Performance-related Pay provides the following  potential advantages: Firstly, it incents individuals and thereby enhances personal and organizational performance. Secondly, it can be used as a lever for change. Thirdly, it conveys an idea that performance plays a significant role in general or specific fields. Also, it connects incentive programmes with the fulfillment of certain results which contribute to realize organizational goals. Additionally, it is beneficial for organization to recruit and retain people with monetary incentives. Finally, it satisfies a fundamental human need to acquire rewards for fulfillment. However, there are some problems about PRP. If employees agree about the principle and practice of PRP, then they will do better jobs and organization will acquire beneficial outcomes. Inversely, if they do not agree about either the principle or practice of PRP, they will not be motivated effectively for better work performance and organization will get bad outcomes (Lewis, 1998, cited in Marchington and Wilkinson, 2002). According to a research made by Marsden and Richardson (1994, cited in Marchington and Wilkinson, 2002), PRP may cause jealousy among employees. Unfairness exists in distribution of performance payments which is the major reason for the non-efficiency of motivation. The amount of money is also a significant element for successful introducing PRP. If it is not large enough, then it is hard to trigger a change in work performance. As Lawler (1990, cited in Marchington and Wilkinson, 2002, p. 501) suggested that variable pay less than 10 per cent of base salary would be not attractive in PRP scheme. An organization introduces and develops a PRP programme generally involving these main stages: setting objectives for rewarding employees according to their performance; analyzing the circumstances of organization, including its culture and the type of employees; determining who should be participated in line managers, team leaders, employees and trade unions; considering methods of performance appraisal; carrying out the plan and assessing its effects. PRP should be schemed and conducted with great care and organizations have to be flexible to adjust the plan timely for constantly changing environment and the feedback from staff (Armstrong,  2002). The following part will describe two organizations conducting PRP scheme. Section 2: Case Study Description In this section, two pieces of empirical researches are introduced for the further analysis in next section. The first case of Finbank is regarded as an unsuccessful case of PRP system. And the second case of NHS has been chosen for two reasons: Firstly, though NHS is not exactly a business organization, the PRP of NHS was set by commercial-oriented objectives (Bach, 1994, cited in Dowling and Richardson). Therefore NHS still bears mush resemblance of business organizations in respect of PRP. Secondly, few empirical researches showed the positive result of PRP in the four journals. Thus the case of PRP in NHS is introduced here for its commercial-oriented objectives and relatively successful results. 2.1 The case of Finbank’s reward strategy for managers  (Summarized from Lewis, P. (2000) Exploring Lawler’s new pay theory through the case of Finbank’s reward strategy for managers. Personnel Review, 29(1), pp. 10-32.) The article explains consequences and effectiveness of introducing PRP in Finbank, by using Lawler’s model, where Lawler argues that three principal elements of reward system – core vale, process and structure – need to be consistent for the effectiveness of the system. The interviews of managers and personnel staff were conducted to explore their views on the reasons why the bank adopted PRP, and the extent to which it was successful. Finbank introduced the new reward system with the business objectives of ‘driving up income and driving down costs’, where the incremental system never worked and any increase in salary depended on performance. This shift was expected to create a â€Å"performance culture†, while the process of implementation was more likely to result in a reduction of trust between Finbank and its managers. Consequently, PRP in Finbank was regarded as the main measure of cost control, not incentive mechanism for better performance. The research showed that the low level of communication was the one of main features in Finbank’s PRP and reduced the effectiveness of the whole system. A lack of participation and involvement in objectives setting and performance appraisal resulted in low acceptance of the new system, and low levels of openness in performance feedback and reward criteria also declined the credibility of PRP process. In conclusion, a fundamental inconsistency between the process and the values in Lawler’s model was argued for the deficiencies of PRP system. While, more limitations of a simple top-down process assumption, an assumption of causal link between reward strategy and employees’ behavior, deterministic assumption in Lawler’s model were tested by the Finbank case. 2.2 The case of PRP system for managers in the NHS  (Summarized from Dowling, B. and Richardson, R. (1997) Evaluating performance-related pay for managers in the National Health Service. The International Journal of Human Resource Management, 8(3), pp. 348-366.) This paper assesses the use of PRP (performance-related pay) for NHS (National Health Service) managers and explains the limited success drawbacks in the scheme’s design and administration. In addition, some refinements and implications of the scheme are also concluded. In the first section, the author gives a brief introduction of NHS scheme. The three key elements of the scheme include the setting of objectives, the appraisal of the degree that these objectives being achieved and the increased payment linked to the assessment. As for the evaluation criterion of the scheme, the author took various factors into consideration, such as its impact on manager’s motivation. However, evaluating a single policy innovation can be rather difficult as long as the circumstances maintain uncertain. To make subjective judgments of the extent the scheme succeeds, some explanatory theoretical framework based on scheme’s three key elements is also launched, including structured interviews and questionnaires for gathering data from managers. According to the respondents, the scheme exerts limited positive effects on managers’ motivation and colleagues’ co-operation, and no evident corresponding negative consequences are indicated. The difference in the results may be explained in the following two reasons: the better implement and the mature design. The author tries to figure out why the scheme motivates only a certain group of people by examining the raw data and using formal multivariate analysis on further study of the scheme’s three elements. Considering both the qualitative and quantitative material involved, the initial examination of the raw data suggests that the three elements of the scheme have different degrees of success. Respondents were most satisfied with many of the objective-setting process elements which may result from improved motivation levels; however, respondents expressed more insistent reservations on the of the performance-judging process elements; in terms of the rewarding element, even few respondents believed the scheme’s financial provisions themselves act as an incentive. So this could be another problem of implementation which hinders the success that the scheme supposed to have. Section 3: Analysis and Conclusions 3.1 Analysis of the case of Finbank As mentioned in the section 2, the research of Finbank’s reward strategy followed the analytical structure of Lawer’s model, where the effectiveness of the reward strategy depended on the consistencies between three crucial elements: the organization’s core values, process of implementation and the structure of pay. In this section, the element of process will be focused and used as analytical framework. 3.1.1 Setting objectives In the major background of recession and deflation of the 1980s, it seems reasonable to set the business objectives as ‘driving up income and driving down costs’ in the condition where PRP was introduced to Finbank with the closure of branches and the consequent loss of jobs. According to author’s research, most managers interviewed regarded cost reduction as a major motive for the introduction of PRP, which led to reduction of trust between  the Finbank and its managers. This negative effect of PRP results from the fact that the business objectives may be contradictive on each other in pay policy (Marchington and Wilkinson, 1998). For ‘driving up income’, the bank want to create the managers behaviors and attitudes meeting with customers’ needs. Whereas for ‘driving down cost’, salary cost the major cost in the financial industry would be cut producing negative attitudes. For sure, the motivational effects of PRP were seriously restricted by the objective of cost reduction. 3.1.2 Measuring performance As Beer and Walton (1984) suggested, the acceptance could be improved by the involvement and participation in decision making and administration of reward system, but such participation was rare for the time-consuming. The research also showed the low acceptance and credibility of performance appraisal with the lack of such participation in Finbank. And the author argued that the criteria of appraisal encouraged managers to focus on â€Å"hard† financial and short-term targets rather than â€Å"soft† and long-term ones like developmental relationships with staff and customers, which managers thought were more important. It sounds reasonable, but more cautious consideration should be taken in this issue. For the â€Å"soft† performance cannot be reliably tested and easier for managers to argue. And such is human nature, that the â€Å"hard† criteria of PRP can hardly meet pleasantness of â€Å"risk-averse† employees, who were used to enjoy the securi ty and predictability of the automatic annual increase in the incremental system. 3.1.3 Performance feedback and translating performance into reward The research showed that there was little feedback on performance received by managers. Furthermore, there were no clear criteria about how to translate a certain performance into reward. These two processes have key functions in changing employees’ behaviors, where Finbank seemed to be a failure. Furthermore, a lack of openness in performance feedback process and reward criteria led to the low trust and credibility in the whole PRP process, which seriously had negative impact on the effectiveness of the system. Personally, the lack of money available to drive the PRP and the cost-control objective appeared to be the main reasons for these results. 3.1.4 Major value of PRP in Finbank PRP was a powerful symbol of â€Å"performance culture† at Finbank, which emphasized individual performance rather than the length of the service. This major shift of culture would definitely change employees’ attitudes and behaviors. Though it seems that the change was not positive and the motivational effects of PRP was a failure in this case, the PRP was still an integral and crucial part of business strategy of Finbank, which drove Finbank from poor commercial performance in 1980s to a recovery in profits in 1900s. On the credit side, PRP of Finbank indeed achieved one of the most importance objectives driving down the cost, which practically is the obvious and vital value of PRP in Finbank, though it is theoretically not the major function of PRP. 3.2 Analysis of the case of NHS The analysis from the research suggests the PRP scheme in NHS is comparatively successful. Although Marsden and Richardson (1994, cited by Dowling and Richardson, 1997) state PRP not only has positive influence, it also has many serious drawbacks; Thompson(1993, cited by Dowling and Richardson, 1997) argues PRP may demotivate employees rather than incenting them; Cannell and Wood(1992, cited by Dowling and Richardson, 1997) question the role of monetary incentives in motivation, because they believe people who work for Health Service are not for money; according to the questionnaire, 29 per cent managers motivated by the scheme and the majority of them thought they work harder than before. From this point, in my opinion, the PRP in NHS is working, but with limited effectiveness. The PRP scheme in NHS has three elements: setting objectives, judging performance and the according rewards. Goal setting plays an essential role in PRP scheme. The best objectives are challenging but reasonable with agreed deadlines, otherwise, it may challenge managers instead of motivating them. Besides, making objectives clearly and acquiring feedback and support from immediate superior also exert an impact on the effectiveness of objectiveness. While the process of goal-setting in NHS is relatively success, because the majority of mangers thought objectives fit above characteristics and enhance their motivation and work behavior. For judging performance, to a certain extent, it reduces the effectiveness of PRP in NHS. As mentioned in the material, 67 per cent managers thought it is subjective to evaluate work performance to determine the awards. It is hard to keep fairness in judgment which is from the ideas of assessors. To conduct PRP scheme, it is necessary to remain objectives in performance appraisal with agreed criteria. As mentioned in section 1, the amount of money is also an important element for successful introducing PRP. If it is not large enough, then it is hard to trigger a change in work performance. NHS managers appear to do not pay attention to this point. From the research, it can be found the monetary incentives were thought to be sardonic which was too little to act as a motivator. Probably, the limited cash environment may be a reason for it. The feeling of not reflecting personal fulfillments and subjective judgments make the rewards highly critical. After analyzing main elements of the scheme, some aspects of it should be improved by policy makers. Firstly, people challenged by their objectives may be motivated to work harder. Therefore, objectives set should make people feel reasonable. This demands managers acquire appropriate feedback and support from their immediate superiors timely. Additionally, the process of performance appraisal should be operated with fairness. Otherwise, it may destroy the sense of challenge and cut down PRP’s effectiveness of motivation. Secondly, the scheme’s financial aspects are the other important part. The scheme should make the clarity to managers of the relation between effort and rewards, which is beneficial for strengthening the reliability and predictability of PRP scheme. Thereby, it heightens the motivational and behavioral effects of PRP scheme. (2922)

Flag State Jurisdiction On The High Seas International Law Essay

Flag State Jurisdiction On The High Seas International Law Essay This essay will focus on the internationally recognized right of hot pursuit and the rights and duties that lay upon the coastal states pursuing ships (pursuing aircrafts will not be included here). Since article 23 of the Geneva Convention on the High Seas (1958) has been revised into article 111 United Nations Convention on the Law of the Sea, the following text will therefore mainly refer to the latter convention. It is important to notice that both conventions reflect international customary law in this area. This gives the conditions that are set up in the conventions a wider significance, since not only the states that have adopted the conventions are bound by the right of hot pursuit stated there. The focus will be on the following questions: What is the nature of hot pursuit and what are the international legal conditions that have to be fulfilled in order to exercise it? What is the objective of the right of hot pursuit? To answer the latter question, the focal point will be on what function the hot pursuit actually fill since it at first sight could be seen as a way for the coastal state to extend their sovereignty and jurisdiction to include foreign ships on the high seas, something that in general is supposed to be reserved to the flag state. Hot pursuit is not the only exception to the flag state principle. As will be seen below, piracy, slave trade, unauthorized broadcasting and major pollution incidents are other examples of exceptions to the flag state principle, but, given the limited scope of this essay, there would not be much said about each exception if all of them were included in this essay. 1.2. Purpose and disposition The purpose of this essay is to clarify the international recognized conditions for a state to exercise the relatively extensive right of hot pursuit and to critically examine the objectives of this right. Since this is a rather far-reaching right, being a derogation from the general rule prohibiting any interference by a state with non-national ships on the high seas, it is important to examine the original objectives behind hot pursuit and what function it actually fills. Since this is a rather far-reaching right that is limiting the jurisdiction of the flag state on the high seas (and in a way therefore also affect the freedom of the high seas), The essay will have the following disposition: First, the freedom of the high seas will be described in short together with the principle of flag state jurisdiction (section 2), to give a sufficient background to the reader. Thereafter, the circumstances which serve as prerequisites for the exercise of hot pursuit will be examined. 2. Jurisdiction on the high seas 2.1. The freedom of the high seas an overview Ever since the eighteenth century the high seas  [1]  have been open to all states, with no state able to claim sovereignty over any part of it. This concept, called the freedom of the high seas, was developed as opposed to the closed seas-principle which was claimed by Portugal and Spain in the fifteenth and sixteenth centuries, leading to a division of the seas of the world between the two powers in 1506.  [2]  However, the high seas are nowadays subject to res communis and the general rule is that states cannot in principle control the activities and the whereabouts of other states on the high seas.  [3]  The freedom of the high seas has been traditionally established in customary international law but the first draft of codification was formulated in the Resolution on the Laws of Maritime Jurisdiction by the International Law Association in 1926, which declared that no state may claim any right of sovereignty over any portion of the high seas or place any obstacle to the free and full use of the high seas  [4]  . The principle of the freedom of the high seas was eventually also declared in the Geneva Convention on the High Seas (1958) as well as in the 1982 United Nations Convention on the Law of the Sea (the first hereinafter referred to as GCHS and the latter as UNCLOS). These conventions clarified international customary law and made it easier to comprehend. Some articles in the conventions will be brought into light in the text below in order to give a clear and fuller view of the subjects presented. Some of the key-principles regarding the high seas are stated in article 2 GCHS and article 87 and 89 UNCLOS, which affirm that the high seas are open to all states and that no state may validly purport to subject any part of them to its sovereignty. Furthermore, article 87 UNCLOS states that the freedom of the high seas includes inter alia the freedoms of navigation, overflight, laying of submarine cables or pipelines, the construction of artificial islands and other installations permitted under international law, fishing and scientific research. However, these freedoms are to be exercised with due regard for the interests of other states and for the rights under the convention with respect to activities in the area (meaning the International Seabed Area  [5]  ). Worth noting is also that the high seas are reserved for peaceful purposes (article 88, UNCLOS). 2.2. Flag state jurisdiction Thus, the high seas have relatively far-reaching freedoms for all states, but there must however be some kind of maintenance of order and jurisdiction so that these freedoms do not get violated and used in a wrongful way by any state and so that wrongful acts on the high seas do not go unpunished. The main rule is that the state which has granted to a ship the right to sail under its flag (the flag state) has the exclusive right to exercise legislative and enforcement jurisdiction over its ships on the high seas.  [6]  It is accordingly the flag state that enforces the rules and regulations of its own municipal law as well as international law.  [7]   The general principle that the flag state alone may exercise jurisdictional rights over its ships was elaborated in the Lotus-case (1927) where the Permanent Court of International Justice held that vessels on the high seas are subject to no authority except that of the state whose flag they fly  [8]  .  [9]  The flag state-principle is nowadays also stipulated in article 92 UNCLOS (and article 6 GCHS), where it is stated that ships must sail under the flag of one state only and that they will, as a general rule, be subject to that states exclusive jurisdiction on the high seas. Each state sets up its conditions for the grant of its nationality to ships, for registration of ships and for the right to fly its flag. This was declared by the International Tribunal for the Law of the Sea in the M/V Saiga (No.2) case, where one concluded that the determination of the criteria and procedures for granting and withdrawing nationality to ships are parts of the flag states exclusive ju risdiction.  [10]   The nationality of the ship depends accordingly upon the flag the ship flies, but there must be a genuine link between the state and the ship.  [11]  The requirement of a genuine link was intended to counter the use of flags of convenience (often operated by states such as Liberia and Panama) where states grant their nationality to ships looking for favorable taxation and work- and social agreements.  [12]  However, if a ship sails under the flags of more than one state according to convenience, the ship does not have any nationality in a juridical point of view and may therefore be boarded and seized on the high seas by any state. This is to be compared with ships that do have a flag, which (as a general rule) only can be boarded and seized by its own flag state on the high seas.  [13]   Worth mentioning is that there are also some duties and responsibilities attached to the flag state jurisdiction, such as the obligation to legislate to make it an offence to break or injure submarine cables and pipelines under the high seas. Furthermore, the flag state also has to provide for compensation in case such an offence occurs and to adopt and enforce legislation dealing with assistance to ships in distress in compliance with international duties regarding safety at sea.  [14]   When it comes to warships and ships owned or operated by a state where they are used only on governmental non-commercial service, the exclusivity of the flag state-principle is applicable without exception. As can be read in articles 95 and 96, UNCLOS, those ships have complete immunity from the jurisdiction of other states than its flag state.  [15]  Though, the principle of flag state jurisdiction on the high seas is not absolute. It is subject to some exceptions in which third states may share enforcement or legislative jurisdiction (or both) together with the flag state. In the following, the focus will be on the exception of hot pursuit, but some other exceptions worth mentioning are: piracy, unauthorized broadcasting, slave trade, drug trafficking and major pollution incidents.  [16]  The right of hot pursuit is however different from the other exceptions to the flag state principle, since the right of hot pursuit derives from jurisdiction under the territorial (+ EEZ a nd continental shelf?) principle whereas enforcement related to slave trade and piracy (for example) derives from jurisdiction based on the universality principle.  [17]   3. Hot pursuit an exception to flag state jurisdiction 3.1. Historical background and objective When a foreign ship has infringed the rules of a costal state, the right of hot pursuit makes it possible for the state to pursue and seize the ship outside its territorial sea in order to ensure that the ship does not escape punishment by fleeing to the high seas. This principle limits the freedom of the high seas and represents an exception to the exclusive jurisdiction of the flag state on the high seas, since it makes it possible for the coastal state to follow and seize a ship registered in another flag state and in this way extend its jurisdiction onto the high seas.  [18]   The right of hot pursuit is an act of necessity which is institutionalized and restricted by state practice. It emerged in its present form in Anglo-American practice in the first half of the nineteenth century.  [19]  In England there was an old rule of fresh pursuit where the role of the pursuer was played by a mere individual, unlike todays hot pursuit where the pursuer must be played by a person in his official capacity or by a member of a certain authority (see below).  [20]  The principle has now been recognized in international customary law for a long time. The Im alone-case, 1935, can lead as an example, where it was stated that warships or military aircrafts of a state are allowed to engage in hot pursuit if a foreign ship has violated that states laws within its internal waters or territorial sea and to make an arrest on the high seas.  [21]  The Hague Codification of 1930 served as an evidence of general recognition of the right of hot pursuit by states when i t provided the basis for the draft article adopted by the International Law Commission which later on became article 23 of the Geneva Convention on the High Seas of 1958.  [22]   The objective of the right of hot pursuit is to make it possible for states that are exposed to delicts made by non-national ships to bring the escaping offenders before its jurisdiction. In this way the high seas may not provide a safe haven for ships having committed a delict within a states maritime jurisdictional zones. Hot pursuit could be seen as contrary to the exclusive principle of flag state jurisdiction on the high seas, but seen in the light of the high seas, it is not reckless to conclude that the right of hot pursuit is in accord with the objective of order on the high seas.  [23]  Moreover, the right of hot pursuit has a preventive function derived from the psychological effect of the increased disciplinary rights that the violated coastal state is entitled to. The psychological effect is not to be underestimated since it could prevent wrongdoers to undertake illegal activity, knowing that they may be pursued, arrested and punished by the authorities of the state w hose laws have been violated.  [24]   Pursuit onto the high seas does not offend the territorial sovereignty of any state and it involves no intrusion into foreign territory since there is no sovereign to the high seas, except the state of the flag. To let the flag state principle stand in the way for effective administration of justice when a ship has committed a delict in another states juridical maritime zones has been seen as disproportionate, hence hot pursuit has become an international right for coastal states, regardless of the flag of the ship. Furthermore, the right of hot pursuit is a right of necessity since the coastal state would not be able to enforce its laws and regulations against fleeing ships without being able to pursue them.  [25]   3.2. Legal status As mentioned above (section 2.1.), the right of hot pursuit was codified and recognized by states in the Hague Codification in 1930, which led to the development of article 23 of the Geneva Convention on the High Seas (1958). The provisions on hot pursuit in article 23 GCHS was thereafter essentially reproduced in article 111 of the United Nations Convention on the Law of the Sea (1982), comprising the new developments in the international law of the sea, such as the generated rights followed by the establishment of the new jurisdictional zones of the continental shelf and the exclusive economic zone.  [26]  Since article 111 UNCLOS is a renewed definition of the right of hot pursuit, it is the definition stated in UNCLOS that is the most updated and will be in focus below. Article 111 UNCLOS has the title Right of hot pursuit and contains eight paragraphs, in comparison to article 23 GCHS which only has seven paragraphs. (See the appendix for the full and exact wording of article 111 UNCLOS). Article 111 declares the coastal states right to engage in hot pursuit and lays down a number of cumulative conditions under which this right may be exercised. These conditions have been set up in order to avoid abuse and incorrect exercise of hot pursuit by the coastal states, such as situations where the wrong ship is pursued by accident. The specific conditions are also of great importance when it comes to upholding the freedom of navigation on the high seas and to ensure that the coastal state have enough evidentiary material to support a hot pursuit before exercising it.  [27]   4. International conditions and the nature of hot pursuit 4.1. General conditions (ta bort?) The International Tribunal for the Law of the Sea has emphasized that the conditions laid down in article 111 UNCLOS are cumulative, which means that each one of them has to be fulfilled in order for the hot pursuit to be lawful.  [28]  The basis for the exercise of hot pursuit is specified in paragraph 1 of article 111 UNCLOS which notes that such pursuit may be undertaken when the authorities of the coastal state have good reason to believe that the foreign ship has violated its laws and regulations. The violation must be made within one of the costal states maritime zones, such as its internal waters, archipelagic waters, territorial sea, exclusive economic zone or its continental shelf. Furthermore, the laws and regulations that were violated must have been enacted in accordance with international law.  [29]  Thus, article 111 UNCLOS makes it possible to pursue a foreign ship onto the high seas, but with respect of international law and the principle of state sovereignty, the pursuit must cease as soon as the ship enters the territorial sea of its own flag state or any other state. Otherwise, the pursuit would end up in a violation of another states sovereignty.  [30]   4.2. Involved vessels As can be seen in article 111 (5) UNCLOS, the coastal state may only exercise hot pursuit through the use of certain ships and aircraft having a connection to the governmental authority of the state. Warships and military aircrafts, together with other specially authorized government ships or aircrafts which are clearly marked and identifiable as such, are the only vessels that are required to exercise the pursuit.  [31]  This limitation to vessels vested with governmental authority ensures that the pursuing state cannot avoid its state responsibility for actions made by its pursuing ships acting on behalf of the coastal state. It is not the specific authority to pursue that is of importance; it is rather the general authority of applying laws and to take necessary measures in this regard. This guarantees the responsibility of a state for the actions made by its ships operating under the government. A states official connection to military aircrafts or warships needs not to be ma nifested since this connection is self-evident, thus, other pursuing vessels need to be specifically authorized by the state to exercise these measures.  [32]   Commercial ships in government service as well as private ships are subject to the jurisdiction of the coastal state and can be pursued if there is good reason to believe that a violation of the laws have been made. However, it is not in accordance with international law to exercise hot pursuit against other states warships. These, together with other non-commercial ships operating under a foreign government, are generally immune from the jurisdiction of any state other than the flag state. Although these ships are excepted from a coastal states right of hot pursuit, this does obviously not mean that they do not have to follow the laws and regulations of the coastal state. The only immunity warships enjoy is the immunity from enforcement jurisdiction of the coastal state, so the flag state might have to answer for the violation made by one of its governmental ships. Furthermore, the coastal state may pursue and arrest warships and non-commercial ships in foreign government service in self-defense.  [33]   4.3. Offences The right of hot pursuit arises whenever the offending ship has violated a law which has been validly enacted for the purpose of the zone where the offence has occurred  [34]  . In order to be entitled to hot pursuit, the coastal state has to have good reason to believe that the foreign ship has made such an offence, or as it is stated in article 111 (1) UNCLOS: violated the laws and regulations of that State  [35]  . The article states no predefined offences, so what kind of offences does this actually refer to? There is in fact no limit of how severe the delict must be in order to entitle the state to hot pursuit. The coastal state is entitled to undertake hot pursuit as soon as any local law or regulation has been violated, no matter how trivial. The wording in article 111 UNCLOS allows hot pursuit whenever a law has been violated, no matter what the character of the offence is.  [36]  There has been a view that the right of hot pursuit should arise only in respect of certain kinds of offences which could be considered as quasi-international offences (such as security offences), but the predominant view at the time of the Geneva Conference was that there should be no catalogue restricting the right of hot pursuit to offences of a certain character.  [37]   The seriousness of the offence should however be taken into account by the coastal state before starting a pursuit, so that the freedom of navigation is not hindered for minor offences.  [38]  This would otherwise result in a disproportionate exercise of power.  [39]  Furthermore, international comity and goodwill can be seen as important reasons why a coastal state should not exercise in response to trivial offences. Naturally, this principle of comity does not legally bind the coastal state to behave in a certain way, since it is not a principle under international law. In general, states are however anxious to submit to this principle of comity, since it is in their own best interest to show respect to other sovereign states. A state that does not act hospitably to other states and pursues their ships without good reason may be subject to the same abuse when its own merchant fleet navigates in other states territorial seas. Except taking comity into account, states decisio n to exercise hot pursuit is also based on the practical reality that states are not likely to find minor offenders worth the trouble of pursuit. Besides, ships guilty of trivial offences are unlikely to risk the dangers of flight in the hope of avoiding arrest for a minor delicts. Although such flight could indicate that the ship has been engaged in a delict that is much less trivial than the coastal state first suspected.  [40]   The nature of the offence entitling the state of hot pursuit is related to the competence to enact laws for the different maritime zones. In the territorial sea this competence is unlimited (except for the right of innocent passage), but regarding the contiguous zone or other zones of extraterritorial jurisdiction, the states competence to make acts offences is restricted since these are zones of limited jurisdiction. The right of hot pursuit arises when an offence has been made within one of these zones, but it is provided that the offence is made against laws which international law allows to be enacted for the purposes of that zone.  [41]   Article 111 (1) UNCLOS sets up the condition that a state must have good reason to believe that a ship has violated the states laws and regulations. This good reason standard prevents states from pursuing a foreign ship solely based on the suggestion that an offence has been made by it. However, this condition does not require that the coastal state has actual knowledge of an offence. The proper interpretation of this good reason condition lies somewhere between suspicion and actual knowledge of an offence. In regard to this, the mere flight of a vessel could be sufficient to justify hot pursuit, since it could give the state a suspicion that the ship is trying to flee from the consequences of an offence made by it. Even though the state originally lacked good reason to believe that the ship had made an offence, this suspicious behavior could be enough to live up to the good reason standard.  [42]   Offences that are not attributed to the foreign vessel itself do not lay ground for hot pursuit, for example when an offence is committed by a passenger. The coastal states jurisdiction is towards the ship only, the passengers and crew remain under the jurisdiction of the flag state as long as their actions are not attributable to the ship itself. Robert C. Reuland states that the delict must have been committed under the color of the ships authority  [43]  in order to give rise to hot pursuit. Finally, when it comes to offences, one can conclude that there are two main conditions that have to be fulfilled in order to give right to hot pursuit: first, the state must have good reason to believe that an offence has been committed and second, the offence must be attributable to the ship itself.  [44]   4.4. Commencement and cessation Article 111 (1) UNCLOS states from which maritime zones a state may commence hot pursuit under international law; namely when the foreign ship (or one of its boats) is within the pursuing states internal waters, archipelagic waters, territorial sea or contiguous zone.  [45]  It is only when the offence is committed within one of these zones that the coastal state may undertake hot pursuit. However, in comparison to article 23 GCHS, article 111 (2) UNCLOS is more extensive and stipulates that the right applies mutatis mutandis to violations of legislation applicable to the exclusive economic zone or the continental shelf (including safety zones around continental shelf installations).  [46]  The right to begin hot pursuit while the foreign ship is within the contiguous zone is limited to the enforcement of certain rights, that is to say if there has been a violation of the rights for the protection of which the zone was established.  [47]  Robert C. Reuland mentions that a lthough a states legislative jurisdiction within the contiguous zone may not be limited to the four purposes set out in both sea conventions, such laws should nevertheless be limited to the protection of the states territory and territorial sea. It follows that hot pursuit may not be commenced from the contiguous zone for violations of laws that do not reasonably comport with the littoral states legislative competence with respect to this zone.  [48]  . Whether pursuit may start while the ship is in the continental shelf or in the exclusive economic zone is more directly an aspect of the question whether the violation was made against legislation relation to these zones, than in the case of the contiguous zone. The offence is more directly related to the regime of the zone.  [49]  The state may enact laws consistent with the sovereign rights in these zones, for example relating to protection of fisheries etc in the case of the exclusive economic zone. Similarly, the violatio n of any law enacted by the coastal state that is consistent with the states sovereign rights over the continental shelf may give rise to the right of hot pursuit.  [50]   The right of hot pursuit ceases as soon as the pursued ship enters the territorial waters of its own or a third state.  [51]  To continue therein would result in a violation of that states sovereignty and that is accordingly offending international law.  [52]  This general rule may however be put aside where hot pursuit in another states territorial sea is permitted by treaty.  [53]  It is important to mention that the general rule of cessation at the territorial sea of another state does not apply to other maritime zones beyond the territorial sea, so the pursuing state may actually pursue the foreign ship into the exclusive economic zone or even the contiguous zone of another state. Such zones are to be considered as high seas when it comes to hot purs

Obsession in Vladimir Nabokovs Lolita Essay -- Nabokov Lolita Essays

Obsession in Lolita      Ã‚  Ã‚   The relationship between Humbert Humbert and Lolita is no doubt a unique one. Many people who read the novel argue that it is based on "lust", but others say that Humbert really is in "love" with Lolita. However, there is some astounding evidence that Humbert has an obsessional-compulsive disorder with Lolita. The obsession is clearly illustrated when Humbert's actions and behavior are compared to the experts' definitions and descriptions of obsession. In many passages, Humbert displays obsessional tendencies through his descriptive word choice and his controlling personality. Many people are obsessive, so this is not an alien subject. We see it everyday in the entertainment industry as well as in everyday life. Comparing Humbert Humbert to clinical and other definitions, it seems as if Humbert is one person who is an obsessed person.      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Obsession is a tricky topic because it is hard to come up with a concrete definition. Who decides what obsession is? Where does one draw the line between obsession and deep admiration? According to S. Jack Rachman, "an obsession is an intrusive, repetitive thought, image, or impulse that is unacceptable or unwanted and gives rise to subjective resistance" (2). In addition, Andrew Brink states that "...the popular meaning of the term obsession, including the new verb 'to May 2 obsess', which means to be persistently preoccupied about something, usually an unsatisfactory relationship" (195). Both of these definitions are fairly similar, so now it is important to look at Humbert's actions and analyze how he fits into these defined categories.      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   First, Brink argues that most people, especially men, have an obsessiona... ...aracter, but he is not abnormal. We have many Humberts running around our world, regardless of if we realize it or not. Nabokov, a man not too distant from Humbert, found a way to rationalize his obsession through Lolita - indeed an artistic and creative move on his part.    WORKS CITED Beech, H. R. Obsessional States. London: Methuen & Co. LTD, 1974. Brink, Andrew. Obsession and Culture: A Study of Sexual Obsession in Modern Fiction. London: Associated University Presses, Inc., 1996. Nabokov, Vladamir. The Annotated Lolita. New York: Vintage Books, 1991. Ostling, Richard N. A Fatal Obsession with the Stars.à ¤ Time. 31 July 1989: 43-44. Rachman, S. Jack. Obsessive-Compulsive Disorder: Psychological and Pharmacological Treatment. New York: Plenum Press, 1985. Salzman, Leon. The Obsessive Personality. New York: Science House, 1968.

Motivating an Athletic Performer Essay -- Motivation Motiational Theor

This essay will include the different types of motivational theories. It will illustrate the different types of motivation and how each affects the performers in various ways. Positive and negative issues of the types of motivation will be discussed to determine which is the best method of motivation and why. It will also illustrate how these motivational theories are used to motivate a performer. This essay will be concluded by stating the best motivation method, and how a coach or teacher could use it in motivating a performer. Motivation can be described in various ways: (English Oxford Shorter Addition 1993) described motivation as being, "à ¢Ã¢â€š ¬Ã‚ ¦The action or an act of motivating something or someone. The stimulus, incentive, motives for action towards a goal, resulting from psychological or social factors; the factors giving purpose or direction to behaviourà ¢Ã¢â€š ¬Ã‚ ¦." (Kent 1994) described motivation as being, "à ¢Ã¢â€š ¬Ã‚ ¦ the internal state which tends to direct a person's behaviour towards a goalà ¢Ã¢â€š ¬Ã‚ ¦." (Woods, 1998) described motivation as, "à ¢Ã¢â€š ¬Ã‚ ¦motivation has been seen as having two aspects: it is what drives us to do thingsà ¢Ã¢â€š ¬Ã‚ ¦and it makes us do particular thingsà ¢Ã¢â€š ¬Ã‚ ¦." These various descriptions of motivation are putting across all of the same points. All three statements involve an inner drive to a specific goal. These goals are achieved through arousal and the direction of the athlete's behavior. There are various types of motivation such as intrinsic, extrinsic, primary, secondary, positive and negative motivation. Intrinsic motivation is a term used to describe the internal drives that allows the athlete to perform. Intr... ...rises the athletes to perform, creating a job like situation for the players. I believe that there is no best method of motivation a coach or teacher can use on a performer. This is because when you start a particular sport, you do it for fun, but gradually as you get better rewards begin to be offered. Thus resulting in the performers motivation coming more from extrinsic than intrinsic motivation. If the performer wins a competition it will have a positive affect on them intrinsically as well as extrinsically, as the performer will fell good about the reward as much as he feels good about how much effort was concerned in obtaining the reward. There has to be a balance, as if it is to extrinsically motivated their will be no enjoyment competing in the sport, therefore the performer will get bored and quit.

Lorraine Hansberrys A Raisin In The Sun - Money :: Raisin Sun essays

A Raisin in the Sun - Money Where money is but an illusion and all it brings are nothing but dreams, one family struggles to discover that wealth can be found in other forms. In the play "A Raisin in the Sun," Lorraine Hansberry uses the indirect characterization of the Younger family through their acquaintances to reveal that money and materialism alone are worthless. Living in a society where the fulfillment of dreams is based upon material wealth, the Younger family strives to overcome their hardships as they search for happiness. As money has never been a way of life for the family, the insurance check's arrival brings each person to see the chance that their own dreams can become reality. Whether in taking a risk through buying a "little liquor store" as Walter wishes to do or in -"[wanting] to cure" as Beneatha dreams, the desires of the family depend upon the fate of Mama's check. In the mind of Walter Lee Younger, the check is the pinnacle of all, dominating his thoughts, as he does not wait a second before "asking about money "without" a Christian greeting." He cannot see beyond the fact that he "[wants] so many things" and that only their recently acquired money can bring them about. The idea of money and being able to hold it "in [his] hands" blinds him from the evils of society, as he cannot see that the Willy Harris's of th e world will steal a person's "life" without a word to anyone. When money becomes nothing but an illusion, Walter is forced to rethink his values and his family's future, realizing that there is more to living that possessing material riches. When Walter loses his "sister's school money," the consequences are widespread and Beneatha sees that dream diminish before her eyes. She sees her slipping through Walter's fingers and finds her lifelong goals changing. From the days of her childhood, she has longed "to be a doctor" and "fix up the sick." While her family and friends do not understand Beneatha's dream, she continues longing for the education she needs to create a successful life she desires rather than one where she is waiting "to get married.

A Nice Citizen Essay

He will have to learn, I know, that all men are not just, all men are not true. But teach him also that for every scoundrel there is a hero; that for every selfish Politician, there is a dedicated leader†¦ Teach him for every enemy there is a friend, Steer him away from envy, if you can, teach him the secret of quiet laughter. Let him learn early that the bullies are the easiest to lick†¦ Teach him, if you can, the wonder of books†¦ But also give him quiet time to ponder the eternal mystery of birds in the sky, bees in the sun, and the flowers on a green hillside. In the school teach him it is far honourable to fail than to cheat†¦ Teach him to have faith in his own ideas, even if everyone tells him they are wrong†¦ Teach him to be gentle with gentle people, and tough with the tough. Try to give my son the strength not to follow the crowd when everyone is getting on the band wagon†¦ Teach him to listen to all men†¦ but teach him also to filter all he hears on a screen of truth, and take only the good that comes through. Teach him if you can, how to laugh when he is sad†¦ Teach him there is no shame in tears, Teach him to scoff at cynics and to beware of too much sweetness†¦ Teach him to sell his brawn and brain to the highest bidders but never to put a price-tag on his heart and soul. Teach him to close his ears to a howling mob and to stand and fight if he thinks he’s right. Treat him gently, but do not cuddle him, because only the test of fire makes fine steel. Let him have the courage to be impatient†¦ let him have the patience to be brave. Teach him always to have sublime faith in himself, because then he will have sublime faith in mankind. This is a big order, but see what you can do†¦ He is such a fine little fellow, my son!