Little White Lies Essay Example | Topics and Well Written Essays - 750 words

Little White Lies - Essay Example In view of a couple, where one engages in various affairs before they met with their current spouses, would it be right to lay the whole truth out, however dark it is? This question will be best answered by differentiating utilitarianism and Kantian ethics or deontology. Utilitarianism, by Bentham, is a theory that argues on conformation to utility principle. The theory is focused on greatest happiness, whereby, an action is right if it increases happiness and decreases pain. Deontology, on the other hand, argues on the principle of duty. A deontologist will tend to fulfill what is morally right irrespective of the consequences of his or her actions. A right action, to a deontologist is that which conforms to the moral law (Jost & Wuerth, 2011). The tale of a little white lies then focuses on a couple that has a dark past and wants to get engaged. What would be right? A dark past may range from prostitution, hardcore crime, drug abuse, and any other vices that the society morally abhors. In the case of a woman disclosing a promiscuous past to a potential lifetime partner, would it really be necessary? Would it be necessary for a man to disclose the number of first degree murders he committed before he reformed? Reasoning from my personal point of view, I would not need to disclose such information as I would hurt my partner’s feelings. Above that, the consequences of disclosing such information are unknown and might be disastrous to the relationship. Some information might lead to lack of trust or create fear in the relationship. In the case that a criminal’s past life is actually a past life or a promiscuous past life is forgotten, then such information is unnecessary in my view. According to Kantian ethics, one should act according to a categorical imperative. This entails acting in a manner that would also favor the actor in universal law. This theory subscribes to the requirement of a moral obligation in ones course of

K-Pop Research Essay Example for Free

K-Pop Research Essay K-Pop ê °â‚¬Ã¬Å¡â€ (an abbreviation of Korean pop or Korean popular music): is a musical genre consisting of dance, electronic, electropop, hip hop,[2] and RB music originating in South Korea.[1] In addition to music, K-pop has grown into a popular subculture among teenagers and young adults around the world.[3] Although in a bigger scope K-pop may include other genres of popular music within South Korea, outside of the country the term is more commonly used for songs sung by Korean teen idols, which covers mostly dance, electronic, rap, hip-hop, and RB genres. [4] Starting in 1992, dance and rap music became popular due to Seo Tai-ji Boys, which is seen by many as the beginning of modern K-pop.[4] Genres such as ballad and rock are still popular today; however, the term can be debatable. With the rise of social media networks during the mid 2000s, the ability of K-pop to reach a previously inaccessible audience via the Internet is driving a shift in the exposure and popularity of the genre.[5] The Korean Wave has spread K-Pop to the Pacific Rim, the Americas, Eurasia, and North Africa. As an important part of the Korean Wave, K-pop has come from humble beginnings to gain a huge fan base not just in Asia but also other parts of the world. As South Korea continues to develop its IT infrastructure, K-Pop music is being shared over the internet and through mobile devices more rapidly than ever.[6] According to The New York Times, attempts by K-pop stars to break into Western markets had largely failed prior to the proliferation of global social networks. However, K-pop artists are now gaining more international exposure through social media networks such as YouTube, Facebook, and Twitter, making it easier for K-pop artists to reach a wider audience.[7] Fans come from all around the world[8] and K-Pop is considered by some to be South Korea’s greatest export because of its popularity and growing influence.[9] Kpop bands as highly produced, sugary boy- and girl-bands with slick dance routines and catchy tunes.[10] Many K-Pop music videos have colourful visuals and a catchy beat.[11] K-Pop multiple vocal genres, especially hip-hop and rap, emphasize performances and strong visuals.[12] Dance is an integral part of K-pop. When combining multiple singers, the singers often switch their positions while singing and dancing by making prompt movements in synchrony. K-Pop is also recognized for pretty-boys and girl groups[13] that are young and considered attractive. I couldn’t stop humming the beat; it had been cemented in my head. At first it was just a mere song that I would play to make fun of, but I couldn’t help it. Over and over again, I played it. There was something intriguing about, something different. It pulled me in and drew my brain. My ears craved the tune again. I did my best to resist the urges, afraid that I’d be swept into its trance and be associated with those who would listen to it. I eventually went back to listen to it, disgusted with myself for enjoying listening to the repetitive track. The chorus was ridiculous, the Engrish was unbearable, yet I was still called for by it. It was different than most of the type of music I had indulged in. K-Pop. I was herded into the world of delusional fandoms that couldn’t bear insults towards their oppas. The world where Engrish is a normal thing you would sing along with. Besides the occasional fan wars and drama (not the K-Dramas, but actual drama), I felt like I had a family within my own fandoms. It was simple; we were all interested in that particular group, and we all respected each for that. It gave us common grounds. But it’s even more than that, we all still shared the general idea: We all liked K-Pop. Most people who are used to western music made fun of this genre. This is probably the biggest thing that binds us together. Most of us non-Korean listeners have probably dealt with being made fun of for liking K-Pop, and this makes us even closer.

Natural Language and Computer Programs :: Computers Technology Technological Essays

Natural Language and Computer Programs Anyone who has tried to explain the workings of a computer, or even a VCR, to an older relative has a very good idea of why natural language operation is a goal of computer science researchers. Simply put, most people have no desire to learn a computer language in order to use their electronic devices. In order to allow people to effectively use computer-based systems, those systems must be programmed to understand natural language – the language a regular person speaks – and respond in kind. Most natural language-processing systems break that task down into two parts, comprehension and production. Some systems, like the search engine ask.com, where the user types in a whole interrogative sentence instead of a few terms to search for, are programmed to take commands in English and so have comprehension as their goal. Others, particularly those designed to pass the test proposed by Alan Turing in which a computer must pass as a human in conversation with an interrogator, are designed to simply produce realistic responses, sometimes without bothering to break down the input at all. For the purposes of simplicity, most natural language programs operate through typed input and printed or on-screen output, since speech recognition and production are just complications at this point and can always be integrated later, simply by having the program convert the speech to text and vice-versa. By working only with typed input, a whole host of obstacles to understanding are avoided. People, when speaking, have accents, slur words, change sentence structure mid-thought, stick in â€Å"like† anywhere they want, and do many other things that make everyday speech much less straightforward than the slightly more formal process of typing. Even typed, however, an English sentence is not an easy thing to parse. An example of this difficulty can be seen in the sentence â€Å"I left a job for my wife†. Out of context, it is impossible to determine which of two possible meanings is the correct one. Did the speaker leave a job (i.e. quit) because of his wife, or did he leave a job (i.e. let one remain) for his wife? A computer must be able to refer to the context around such a sentence in order to extract the meaning from it.

Motivating your employees Essay

Being in the military, but more importantly being a leader for 10 out of my 12 years of military experience, I understand the importance of motivating â€Å"employees†. Most leaders understand that motivating employees not only improves their way of life, but also increases productivity, and in the long run, benefits the company. Motivating employees is not necessarily a difficult task; however, most leaders neglect the techniques discussed in Mr. Weiss’ article due to their personal beliefs. I fully agree with Mr. Weiss’ article on building morale, motivating and empowering employees. His methods are especially helpful and used quite often in the military world although they are titled a bit differently. Personally, I have used the methods Mr. Weiss describes in his article for as long as I have been a leader. As a leader, my philosophy has always been that in order to be a successful leader, you have to lead by example. I feel that Mr. Weiss expresses this point of view in his major means of motivating identification. As stated in the article, identification is â€Å"when a person adopts a behavior associated with others†. In the military, that is called leading by example. As a leader, you should want your employees to adopt your behavior. I do not believe that people come into a job wanting to make mistakes. Therefore, the tendency of an employee is to do as his or her leader would do. Therefore, as a leader, leading by example is detrimental to your gaining the confidence and respect of your employees. You must set the standards and enforce them. Yet another idea Mr. Weiss mentions is to â€Å"avoid favoritism†. I believe that you must treat all people equally. Whether they are abiding by, or violating the standards you have set, you must reward them or reprimand them equally. That is not to say that the rewards and or reprimands should be the same for every infraction. I simply believe that you must be fair and impartial when giving rewards or punishments regardless of how long you may have known an employee, or what the employee’s position is in the company. The military is famous (or infamous) for their use of acronyms. In the military we use acronyms for just about anything you can imagine. So, in keeping true to military form, I created my own acronym to remind myself of  the methods required in motivating my â€Å"employees†. This acronyms helps me remember that in order to be a leader, you must â€Å"Be, Know, and Do†. Be responsible for yourself and your subordinates; Know your subordinates and look out for their well being; Do as you want your employees to do. The acronym I use is â€Å"BASICS†, because in leadership, you should always â€Å"stick to the â€Å"basics†Ã¢â‚¬ . B – Be a leader. When in charge take charge PERIOD. A – Account for your actions and those of your subordinates. Know what you and your subordinates are doing or have done at all times. S – Seek responsibility and take responsibility for your actions. If a mistake is made, do not try to pawn off the results of your decisions or actions as someone else’s fault. Take ownership of the situation, good or bad. I – Inform your subordinates. Try to talk to them everyday. Employees want to know what’s going on–knowledge is power. This way, you can ensure they fully understand what is required of them, solicit feedback, and provide encouragement if needed. Also, if an issue arises during the feedback always look into it immediately and get back with the employee. C – Consistency is essential. Employees will work harder if they know what to expect from the leader. As a leader you must provide purpose, direction, and motivation. Ensure your employees know what they have to do, when they have to do it, and that you are going to support their actions consistently. S – Sensitive leadership inspires success. You have to truly know your employees, and show a genuine concern for them, not only for their needs, but their families as well. I have always believed, â€Å"employees don’t care how much you know, until they know how much you care†. In conclusion, I believe that Mr. Weiss has an outstanding motivation improvement program. His motivational methods could offer tremendous results  for companies who are having difficulty keeping their employees motivated. The bottom line is, in order to be a good leader you have to listen to the needs of your subordinates. A leader must â€Å"Be, Know, and Do†. Be responsible for yourself and your subordinates; Know your subordinates and look out for their well being; Do as you want your employees to do. And last but not least, always â€Å"stick to the â€Å"BASICS†Ã¢â‚¬ .

Theory

Very much like the author of a book is given credit as its sole creator, auteur theory gives the film director credit for authoring the film, â€Å"imprinting it with his personal vision†(goodnight, 2011,sec. 7. 3,Para. 1). While auteur theory is a good starting point for film analysis, it places almost total responsibility for a film's artistic success or failure on the director. The problem is that not all film critics agree on the same definition of what is considered art. According to Andrew Saris, to be considered an auteur, a film director must qualify in three key areas: 1.Technical competence 2. Distinguishable personality and 3. Interior meaning A positive aspect about auteur theory is that directors can really make a name for themselves and become even more famous than their â€Å"Star actors†. While each of a director's films are unique in their own way, there still remains a common and recognizable thread that runs through them collectively that says â€Å" this is a Spielberg film, or â€Å"This is a James Cameron film†. On the other side, some say that the auteur theory is too full of holes and is not a good way to determine whether a film is true art.Some directors intentionally step outside the set parameters of what is generally considered technical competence. Others insist that because film is a collaborative effort, it is not fair to esteem directors more highly than screenwriters and actors who play equally important roles in the production of a film. I would consider Clint Eastward an auteur. He began his career very young as an actor in esters movies. After 16 years of acting and learning he began directing films. Eastward became famous first as an actor in films such as â€Å"Dirty Harry'.Later on in his career, though he played significant roles in each of his films, he was more known for his directorship of films like â€Å"Grand Torsion† and â€Å"Million Dollar Baby'. According to Prep Hemmer, in these f ilms, â€Å"Eastward shows himself as an auteur through his constant use of Juxtaposing relationships between a younger and older generation, is consistency of a tragic event occurring, bringing his films to end in a violent or tragic manner, and his choice of acting in the majority of his films as he challenges the declining role of American men†(Hemmer,n. . ).

Introduction to ISDN essays

Introduction to ISDN essays Integrated Services Digital Network (ISDN) is a digital version of switched-circuit analogue telephone service. It was and developed to use the existing telephone wiring system is provided by local phone companies or PTTs ISDN was specifically designed to solve the low bandwidth problems that small offices or dial-in users have with traditional telephone dial-in services. When a data call is made using ISDN, the WAN link is brought up for the duration of the call and is taken down when the call is completed. ISDN is generally viewed as an alternative to leased lines, which can be used for telecommuting and networking small and remote offices into LANs as shown in Figure 1. Telephone companies developed ISDN as part of an effort to standardise subscriber services including the User-Network Interface (UNI). The ISDN standards define the hardware and call set-up schemes for end-to-end digital connectivity. ISDN's ability to bring digital connectivity to local sites has many benefits, including the following: Ø ISDN has been developed by the International Telecommunication Union Telecommunication Standardisation Sector (ITU-T) and as such has become a worldwide industry standard, which helps achieve the goal of worldwide connectivity by ensuring that ISDN networks easily communicate with one another. This means multinational corporations can deploy ISDN technology in their facilities located throughout the world. and standards-based Customer Premises Equipment (CPE) will be easier to install and will cost less as manufacturer pass on the savings of economies of scale Ø Because ISDN is a digital communications technology it is not subject to the same noise interference that analogue modem technologies suffer. Lower error rates result in fewer re-transmissions, greater network reliability and hence higher throughput. Ø ISDN can carry a variety of user traffic signals. ISDN provides access to digital video, circuit-...

Words to Describe the Highest Point of Achievement

Words to Describe the Highest Point of Achievement Words to Describe the Highest Point of Achievement Words to Describe the Highest Point of Achievement By Mark Nichol How does one express the greatest degree of success? Multiple optimal words are available to choose from. Several terms refer literally to mountaintops. Peak, perhaps an alteration of pike, meaning â€Å"a short point or spike,† refers figuratively to a high point one has reached among other achievements, just as a mountain peak is often one among many. Pinnacle derives from the Latin term pinna, meaning â€Å"battlement† or â€Å"wing†; the figurative sense can connote an unsteady height one reaches by sudden success. Summit, ultimately from the Latin term summus, meaning â€Å"highest† (and related to sum and summary), suggests the highest possible position; in addition, to summit, in mountain climbing, is to reach a mountain peak, and a summit is a meeting or conference involving government leaders. The Greek term akme means point,† and acme has acquired the connotation of perfection. Apex, a Latin word for the tip of an ancient Roman priest’s cap, came by association to refer to mountaintops, similar-looking architectural features, and figurative high points. Climax, from the Greek word klimax, meaning â€Å"ladder,† denotes the high point in a series of events, whether in a work of fiction or in one’s lifetime. Culmination, from the Latin verb culminare, meaning â€Å"crown† (related to the Latin word from which column is derived), implies that one has achieved a high point as a result of a series of preceding accomplishments. Zenith, like its antonym nadir, is from Arabic; the word it stems from means â€Å"road or path† and is an abbreviation of a phrase meaning â€Å"the way over the head.† Zenith is still used in an astronomical sense to refer to the highest point overhead, and figuratively, it describes a high point of achievement. Another term borrowed from astronomy is apogee, ultimately from the Greek term apogaios, meaning â€Å"far away from the earth†; it refers an orbiting object’s farthest distance from the object’s origin but also pertains terrestrially to the highest point reached. A high point is also described as a capstone, from an architectural term for the highest stone in an arch. Other terms include crown, as used in adjectival form in the phrase â€Å"crowning achievement,† and the phrase â€Å"high-water mark,† a reference to the highest level a body of water reaches during high tide or a flood. One can also refer to the crest of one’s career or fame; crest derives from the Latin term crista and has the literal senses of a ridge or top, or a plume or tuft of feathers or hair. Optimum, adopted directly from Latin, is a noun as well as an adjective, but it refers to the greatest degree attainable or most favorable conditions and does not apply, for example, to achievements. Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Vocabulary category, check our popular posts, or choose a related post below:50 Incorrect Pronunciations That You Should Avoid25 Russian Words Used in English (and 25 More That Should Be)How Do You Pronounce "Mozart"?

About Charles Garnier, the Designer of the Paris Opera

About Charles Garnier, the Designer of the Paris Opera Inspired by Roman pageantry, architect Charles Garnier (born November 6, 1825 in Paris, France) wanted his buildings to have drama and spectacle. His design for the magnificent Paris Opà ©ra on the Place de lOpà ©ra in Paris combined the classicism of Renaissance architecture with ornate Beaux Arts ideas. Jean Louis Charles Garnier was born into a working class family. He was expected to become a wheelwright like his father. However Garnier wasnt healthy and his mother didnt want him to work in a forge. So, the boy took mathematics courses at the École Gratuite de Dessin. His mother hoped he would get good, steady work as a surveyor, but Charles Garnier achieved much greater success. In 1842 Garnier began studies with Louis-Hippolyte Lebas at the École Royale des Beaux-Arts de Paris. In 1848 he won the Premier Grand Prix de Rome and was off to Italy to study at the Academy in Rome. Garnier spent five years in Rome, traveling throughout Greece and Turkey, and being inspired by Roman pageantry.   Still in his 20s, Garnier aspired to design buildings that had the drama of a pageant. The highlight Charles Garniers career was his commission to design the Opà ©ra in Paris. Built between  1857 and 1874,   the Paris Opera quickly became Garniers masterpiece. With its magnificent hall and grand staircase, the design combines opulence for its patrons with remarkable acoustics for the performers. The palatial Opera House has become known as Palais Garnier.   Garniers opulent style reflected the fashion that became popular during Napoleon IIIs Second Empire. Garniers other architecture includes the Casino at Monte Carlo in Monaco, another opulent complex for the wealthy elite, and the Italian villas Bischoffsheim and Garnier in Bordighera. Several other buildings in Paris, including the Panorama Marigny theatre and Hotel du Cercle de la Librairie, cannot compare with his grand masterpieces. The architect died in Paris on August 3, 1898. Why is Garnier Important? Many people might say that Garniers importance is his creation of a house for The Phantom of the Opera. Professor Talbot Hamlin suggests otherwise, pointing out that despite the oversumptuous detail of the Opà ©ra in Paris, the architectural style was imitated for decades because there is a magnificent clarity in the general appearance, both outside and in. Hamlin notes that Garnier conceived the Opà ©ra in Paris in three parts- the stage, the auditorium, and the vestibules. Each of these three units was then developed with the greatest richness possible, but always in such a way as to accent its relationship to the other two. It is this logic as the supreme quality that was being taught at École des Beaux-Arts and perfectly executed by Garnier. A buildings logic, the basic relationships in buildings, was founded on common sense, directness, emphasis of the most important elements, and expression of purpose. This insistence on open and logical planning and on the clarity of basic expression was vitally necessary to the solution of new architectural problems, writes Professor Hamlin. Architecture became a matter of disciplined study of plan relationships. Learn More: Charles Garniers Paris Opera: Architectural Empathy and the Renaissance of French Classicism by Christopher Mead, MIT Press, 1991Charles Garniers Opà ©ra: Architecture and Exterior Decor by Gà ©rard Fontaine, 2000Charles Garniers Opera: Architecture and Interior Decor by Gà ©rard Fontaine, 2004Paris Opera House: Scale Architectural Paper Model by Jean-William Hanoteau, 1987 Source: Architecture through the Ages by Talbot Hamlin, Putnam, Revised 1953, pp. 599-600

The European Union Mechanism Essay Example | Topics and Well Written Essays - 3000 words

The European Union Mechanism - Essay Example The policies developed at the European Union are developed by a complex structure incorporated in the European Union mechanism. Among the main goals and objectives of the European Union when it was first instituted was focused on economic stability and growth. In summary, the European Union’s concept was founded on three crucial economic theories. The three economic theories are; the free market, comparative advantage and economies of scale. Although the European Union is attributed to many economical responsibilities within its member states, it has also faced numerous social and economic challenges that continue to emerge from the member states. For instance, the high rate of unemployment in some of its member states has raised eyebrows on the equal and genuine contribution of the European Union among the numerous member states. Although the businesses in the European Union member states have been recording high profit margins, the same cannot be said of the GDP whose growth has been slow. Federalism approach   In order to comprehend and understand as why dialogue among the European Union member states sensitive policies is not taking place, one has to check at the various phases of the European Union integration operation. ...The federalist approach is regarded as the strategy of achieving a common purpose. The current European federalism idea traces its roots to the unclear vision of a United Europe. This ambiguity vision had two perspectives. In the first perspective integration was regarded as a federal project as well as an institution that responded to particular issues that faced Europe in its post-war period. The second perspective was comprised of European integration that comprised of a combination of federal elements that lowered and confederal elements that solidifies the national sovereignty. In Europe, the federal project is undermined by the emphasis on institutional establishment as well as the neglect to participate in active and cre ative support of the citizens in the European Union. The recent constitutional of European Union in 2005, the divisions that sit deep in the Union and the multilevel governance theories are regarded as signs of federalism. Proponents of the treaty advocated for the European Federation while opponents of the treaty were rooted to the idea of confederation of Europe that is established member states that are sovereign. The shift from treaty federalism to constitution federalism according to Ward is bound to give rise to resistance and heated debate over the precise intension and objective of European integration. After a downfall of constitutional treaty, the Lisbon treaty was negotiated which reflected the older model version of treaty federalism.

You as a leader Assignment Example | Topics and Well Written Essays - 250 words

You as a leader - Assignment Example I would subsequently identify possible alternatives and assess the choices based on their consequences. I had to establish the best alternative before putting it into action. According to Mathena (2002), a leader needs to examine the situation by analyzing various perceptions. Subsequently, formulating alternatives and choosing the best is equally an appropriate measure. I remember my classmates and I failed to grasp certain concepts learned in class. I identified the problem to be solved that included complicated concepts like compassionate practice. With the assistance of other group members, we came up with possible alternatives like providing simplified learning materials and starting group discussions. I established that it was necessary to perform group discussions. The discussions were viable platform that could be used to better understand the concept. Some of the leadership strengths I demonstrated include being student focused, results oriented, strategic, good at handling conflicts, and making high-quality decisions. However, I still have to improve in my communication skills since it is an essential leadership

Historical words Assignment Example | Topics and Well Written Essays - 500 words

Historical words - Assignment Example Identification: Defenestration refers to the throwing of officials through the windows of their offices in protest to their decisions. In 1618, a similar incident happened in Prague again when the Catholic Church backed the installment of one of their members as Duke of Styria. On 23rd May, 1619, protestors, led by a Protestant group that opposed the Dukes installation entered the Prague Castle and threw four regents and the secretary out through the windows of the castle. Significance: It explains the absolutism and the unquestionable powers the the French monarchy had in those times. This laid the foundation for a dynasty that was not accountable to anyone and this resulted in a rule that caused hardships for the masses until they rebelled and started the French Revolution which led to the killing and abolition of the French monarchy at the end of the 18th Century. Identification: A Basque noble and military knight who lived between 1491 and 1556. He converted to serious Catholicism after he was wounded in a battle and took an oath to defend the Catholic faith through all means possible. Significance: Ignatius formed the Society of Jesus (Jesuits) which sought to evangelize and promote Roman Catholicism throughout the world. This was to counter the Protestant Reformation and it succeeded in becoming a major apostolic wing of the Catholic church that helped spread the Faith to other parts of the world in later years. Significance: Margaret Cavendish wrote about various subjects relating to politics, gender balance and scientific methods. Her writings helped to promote objective thinking and this supported the renaissance and enlightenment throughout Europe. Significance: The painting tells the story of the hardships that poor peasants had to go through in his part of Europe. It shows the need for massive enlightenment amongst the poor in Europe and sparked the Flemish renaissance which was a part

STRATEGIC ACCOUNTING & FINANCE Essay Example | Topics and Well Written Essays - 1750 words

STRATEGIC ACCOUNTING & FINANCE - Essay Example In the late 1980s and early 1990s there were a series of scandalous collapse of several prominent UK companies. The reasons being weak control and governance over the working of the management board and the main reason was the power and authority vested in the hands of a single person. In December 1992, the Cadbury Committee published the Code of Best Practice(hereafter, the Code) which recommended that Boards of publicly-traded UK corporations include at least three outside directors and that the positions of the Chairman and Chief executive Officer not to be held by a single individual. The purpose of this kind of separation is to enhance corporate performance and to avoid misuse of power and authority. In this essay the author discusses the effects of the Cadbury Committee on Corporate Governance and whether the split in the roles of CEO and Chairman according the Committee recommendations has increased or decreased the efficiency of companies. 1. It is mentioned in various research reports that the Code has definitely increased the general awareness of good corporate governance and it has caused several changes in the governance of companies. Mainly, the presence of independent directors on the Board has definitely increased the performance of a company. 3. ... 3. Another effect is that it has induced the turnover of top level managers in companies after the recommendations were implemented. In a study by Jay Dahya and John J. McConnell, it is evident that the implementation of the recommendations of the committee has increased the turnover of top level executives in companies in UK. This turnover of top-level executives can be voluntary and forced. But the turnover of the executives and the performance of the company shows a direct correlation. This study is very significant to show how the composition of the Board of Directors can cause a change in the performance of a company. 4. Mostly the Code mentions only recommendations voluntary measures. It is upto the necessity and discretion of the companies to implement the recommendations. But the London Stock Exchange has made it mandatory for all the Companies to comply with the Code. This step by the London stock exchange is an evidence about the credibility of the recommendations in itself. These recommendations when implemented by all the listed companies will definitely have a change in corporate governance across UK. 5. Generally, the quality of corporate governance can be measured by the flow of information inside the company. When outsiders are more in the Board of management and the CEO and the Chairmen posts are held by two different people, then there are more chances that information will be available to the shareholders. This availability of information is a cyclic process in improving the efficiency of an organization. If information is available freely the shareholders will have better idea about what is happening inside the Board. This information can play

Financial Leverage Essay Example | Topics and Well Written Essays - 2250 words

Financial Leverage - Essay Example Higher expected returns are associated with the firms that are having high financial leverage ratios when the economy of a country is normal. Whereas, when the economy of a country is in recession so firms having high financial leverage ratios will face risk of loss. On the other hand, firms having low financial leverage ratios are supposed to be less risky but higher expected returns are not associated with these firms. IMPORTANCE OR AIM OF THE STUDY The importance or aim of this study is to show that analysts use financial leverage ratios to accomplish two things: †¢First, they are a measure of the extent to which firms finance their assets through debt. †¢Second, they are the indicators of the financial risk of the firm. Analysis of a firm’s financial leverage ratios is essential to evaluate its long-term risk and return prospects. Leverage as a debt-financing indicator is important because whenever a firm’s rate of return on assets is in access of interest rate, the profits to equity investors are magnified in direct proportions to increases in leverage. The reverse also holds true-whenever the rate of return falls below the interest rate, the profits to investors decline with increases in leverage. In fact, if the firm is sufficiently levered, interest expenses may be so high that under adverse economic conditions the firm may not be capable of paying them-that is, financial risk is directly proportional to leverage. In conclusion it can be said that analysis of a firm’s financial leverage ratios is essential to evaluate its long-term risk and return prospects. Leveraged firms accrue excess returns to their shareholders so long as the rate of return on the investments financed by debt is greater than the cost of debt.

The five to seven most important things about computer networks that Essay

The five to seven most important things about computer networks that should be understood by everyone who uses one - Essay Example Every computer user should have a basic understanding of the 'Error Message'. The man that got his first computer with AOL spent most of his afternoon running down his driveway when the computer kept announcing that, 'You've got mail'. It took almost as long as the user who spent hours looking for the 'Any' key when the message said "Press Any Key To Continue". All this time could have been saved by requiring new computer users to take a short course in computer messages. Understanding the error messages is almost as important as learning to communicate with the technical people. An important time saving tip for computer users would be to invest in a tech support to English dictionary. Learning the basic lingo of the geek squad would be invaluable in improving communications (Strange user requests, 2006). Users may tend to interpret tech support literally and confuse the meaning of everyday words such as 'frozen', 'mouse', or 'boot'. Who knows what 'LAN', 'OS', or 'USB' stands for A quick reference card placed near the computer screen could help the user decode the special language of tech support. Reducing calls to tech support could also be accomplished by giving computer users a basic course in hooking up a computer and eliminating static electricity. If a keyboard does not respond, there is some likelihood that the cable has come disconnected. The simplest and most common cables are the power cord, mouse, LAN cable, and keyboard. It would be a simple task to check these before using the scarce resources of tech support. In addition, static electricity has been cited a primary cause of computer lockup or failure (Miastkowski, 2002). A few minutes of instruction on reducing the risk of static could potentially save thousands of dollars worth of computing equipment. While some computer knowledge will save time and money, there are other things that a user should know to keep their information secure. Using passwords on key information is mandatory, but is of little use if the password is given out to fellow employees or friends. In addition, the password should be something that is not easily deciphered. It is also critical to know what to put a password on. Network users will often be unaware that many of their personal files may be accessed by any user on the network. Users should have an understanding of how a basic network operates and where the information is stored. This would help users understand just how vulnerable their private information can be on a network. Simple passwords and a basic understanding of computer networks can eliminate the threat from prying eyes. However, it can do little to dissuade the dangers posed by the malicious hacker. Users need to be fully aware of the threat posed by viruses, spyware, and other forms of 'mal-ware'. Security software needs to be installed and updated regularly. Out of date security software is vulnerable to attacks from the latest version of a virus. Users also must be sure that the software is active and the firewall is turned on. Hackers that take advantage of systems that are not running security software can do irreparable harm to an individual or a corporation. In conclusion, the tips listed for basic computer skills may seem blatantly obvious to any intermediate level user.

Financial Leverage Essay Example | Topics and Well Written Essays - 2250 words

Financial Leverage - Essay Example Higher expected returns are associated with the firms that are having high financial leverage ratios when the economy of a country is normal. Whereas, when the economy of a country is in recession so firms having high financial leverage ratios will face risk of loss. On the other hand, firms having low financial leverage ratios are supposed to be less risky but higher expected returns are not associated with these firms. IMPORTANCE OR AIM OF THE STUDY The importance or aim of this study is to show that analysts use financial leverage ratios to accomplish two things: †¢First, they are a measure of the extent to which firms finance their assets through debt. †¢Second, they are the indicators of the financial risk of the firm. Analysis of a firm’s financial leverage ratios is essential to evaluate its long-term risk and return prospects. Leverage as a debt-financing indicator is important because whenever a firm’s rate of return on assets is in access of interest rate, the profits to equity investors are magnified in direct proportions to increases in leverage. The reverse also holds true-whenever the rate of return falls below the interest rate, the profits to investors decline with increases in leverage. In fact, if the firm is sufficiently levered, interest expenses may be so high that under adverse economic conditions the firm may not be capable of paying them-that is, financial risk is directly proportional to leverage. In conclusion it can be said that analysis of a firm’s financial leverage ratios is essential to evaluate its long-term risk and return prospects. Leveraged firms accrue excess returns to their shareholders so long as the rate of return on the investments financed by debt is greater than the cost of debt.

Dream Act and Illegal immigrant childrens citizenship Essay

Dream Act and Illegal immigrant childrens citizenship - Essay Example It is immigration reform bill that offers over 12 million illegal immigrants to become legalized U.S. citizen, in addition to heightened security on Mexico border, and introducing guest worker program to assist employers in working out low paying jobs. Despite the fact that, it is costly legislation, has direct negative impact on already worse employment market, challenge for balancing budget on not only state but also federal level, additional tax burden on Americans, work as invitation for future illegal immigrants, and threat to not only immigration law but to the rights of law abiding legalized U.S. citizens. It is immoral and unethical approach of illegal immigrant who seek U.S citizenship for themselves or their children born or grew up here, as its basic purpose was to protect slave children not illegal immigrant's children. The Dream Act President Obama with liberal Democratic Party leadership is determined to pass the Dream Act which will grant amnesty to millions of illegal immigrants (King, 2010).U.S. Senate blocked â€Å"the Dream Act† this December, the bill, if passed, would have allowed young children of illegal immigrants to attain a legalized citizenship of United States of America. These illegal immigrants came to America as children but their criminal record and other requirements are clear. Moreover, they have completed two years of military service or college education in America. The bill could not gather the support of required 60 senators to cross the filibuster which delayed it for one year with an uncertain future (Herszenhorn, 2010). Fundamental objections The implemented version of 14th Amendment’s interpretation encourages other nation’s citizens to enter United States jurisdiction and give birth. The legalized children access social services and support their parents to beco me legalized. Presence of legal immigrant as immediate relative shortens the otherwise lengthy process of immigration (Rau, 2010). Its results can be far-reaching as we can infer it from Pew Hispanic Centre’s study (qtd. in Rau,2010) which reports about 340,000 births to illegal immigrants in United States only in 2008.In most of the cases, parents were residing in America form one year or more. It is unethical rather criminal as Lillpop refers it, to use infants or â€Å"anchor babies† to avoid deportation or other punishment, such as, jailing. Moreover, it is immoral manipulation and use of not only newborns but U.S. constitution for illegal immigrants’ personal interest. It offers short cut to legalization and unjust for those who go through a longer process for attaining United States citizenship in a legal way. A common justification is the humanistic stance that wants to keep the families united. It is suspicious and needs reconsideration because illegal i mmigrant initially left their families in their homeland just to reside illegally on American land. Moreover, a criminal cannot be judged upon on the basis of whether he has a family or not. Illegal immigrants are not less of criminals because they invade another nation’s soil without their legal permission. Dream Act permits illegal immigrants to feed on law abiding taxpayers’ money for their law breaking act. Opponents attributed the Dream Act to be too broad in its interpretation and it would lead to give amnesty to illegal immigrants (Herszenhorn, 2010). Senator Jeff Sessions of Alabama (qtd. in Herszenhorn, 2010) accuse Democrats of not only tolerating lawlessness but certain policies encourage it, he led the Dream Act’s opposition in Senate and highlighted the lack of efforts in improving the situation at borders to inhibit

Room And Board Essay Example for Free

Room And Board Essay As a Minnesota-based privately owned company, Room amp; Board has been known for offering products that combined classic, simple design with high quality handcrafted furniture and giving exceptional service to their customers. Approximately $50 million of revenue a year was generated through Room amp; Board fully integrated, multichannel sales approach, consisting of its eight national retail stores, an annual catalog and a web site. The purpose of this case analysis is to determine how to institutionalize its way of doing business beyond the life of its founder and how to strengthen its culture and high employees and customer engagement while growing at a rate that sustained its economic health. The situation analysis will examine four factors: the general environment, the industry, competitors, and Room amp; Board internal environment. The general environmental analysis consist of Technological Trends Room amp; Board does not really have any technological advantage over it’s competitors but two advantages it has is giving people a choice of materials used in the product like custom designs in wood and metal materials along with ordering these material ahead of time to cut down on time when a customer does order a product made with certain material in mind. Demographic Trends Room amp; Board demographic trends group is nation-wide which include suppliers and customers. More than 85% percent of its furniture is manufactured in America. Room amp; Board is proud of its commitment for supporting American manufacturers and small, family owned business. Economic Trends At Room amp; Board, quality was also about providing value. That value was inherent in the company’s products, which lasted and whose style and design were timeless. Providing furniture that customers could count on enjoying for many years. Political/Legal Trends Room amp; Board decided early on that it did not want to compete by the traditional rules associated with the retail furniture industry. They wanted to create its own supply chain of approximately 40 vendors, nearly all privately owned family businesses. Sociocultural Trends Room amp; Board was based on the principles of trust, respect, relationships, transparency, entrepreneurial ownership of one’s job and career, and the importance of a balanced life. They believed that individuals thrive in an environment where they are empowered to make decisions and everyone’s view is heard and respected. Global Trends Room amp; Board was looking to expand in other region of the United State but has not yet looked to go global. Industry Analysis Competitor Analysis The competitor analysis is to better understand Room amp; Board top competitors and their outlook on the industry. Room amp; Board made it impossible to have any direct competitors because their exclusive design, corporate structure, and long-lasting quality products. Room amp; Board has two indirect competitors which are Designs Within Reach and Crate and Barrel. Designs Within Reach was a public company. In fiscal 2006, it had $110 million in sales through its 63 stores, which ranged in size from 1,100 sq. to 11,000 sq. ft. Although Room amp; Board stores were fewer in number, they were much bigger, at 30,000 sq. ft. Crate and Barrel had grown from a small family business, to a chain of over 160 mall-based stores. More than 50 percent of Crate and Barrel products were imported from Europe. SWOT Analysis Strengths Room amp; Board has a great corporate structure. They have achieved the eniviable market position of managing its growth and avoiding the capital market pressures. Room amp; Board has created a consistent, seamless, self-reinforcing system that cut across culture, execution philosophy, employee hiring, and benefits. Weaknesses The two alternative strategies would be one to extend catalog and retail furniture business by adding E-Commerce to their website. The other would be to create a dynamic method of hosting web assets. Strategic Alternative Implementation Both alternatives should be implemented but the one that should be addresses first would be to create a dynamic method of hosting web assets. This would allow customers to purchase custom merchandise online, which is critical that they see a visual of the furniture that they have uniquely designed. Room amp; Board should hire an interactive agency to help design and develop a dynamic consumer facing configuration tool that would allow customers to design and purchase customized furniture with ease and confidence.

Governmental Opposition of Cloning :: Argumentative Persuasive Argument Essays

Governmental Opposition of Cloning Human cloning is a prospect no longer left to the fantastic realm of science fiction novels; rather it is a modern possibility. In 1997, embryologists in Scotland cloned the first mammal, a sheep named Dolly. Shortly thereafter, scientists in the United States cloned a set of monkeys. These scientific advancements and the ethical dilemmas they pose quickly grabbed the attention of the President, Congress and the American public. In its desire to allay anxieties raised by human cloning, Congress proposed the Human Cloning Prohibition Act ( S. 1601, or the â€Å" Bill † ) (Cannon and Haas 637 ). Unfortunately, in their haste to pass federal legislation, the Bill’s drafters ignored important procedural safeguards, employed vague statutory language, and created a bill with significantly diverse implications. After exploring the ethical dilemmas associated with human cloning, the Recent Development critiqued S. 1601 and concluded that congress should craft more suitable legislation. One of the ethical concerns prompting anti-cloning legislation is that human individuality may be undermined if parents can custom order the traits and other characteristics of their children. In the article, â€Å" The Human Cloning Prohibition Act: Did Congress Go Too Far ? †, the authors Cannon and Haas have cited the views of President Clinton on this issue. President Clinton fears that human cloning â€Å" could lead to misguided and malevolent attempts to select certain traits, even to create certain kinds of children ---- to make children objects instead of cherished individuals. † ( Cannon and Haas 638 ). In 1997, within days of the announcement of Dolly’s successful birth, President Clinton instituted a ban on federal funding of human cloning research. President Clinton further ordered the National Bioethics Advisory Commission to report on whether the United States should either regulate human cloning or completely ban it with laws similar to those passed in Belgium, Britain and many other countries. Soon thereafter congress attempted to pass federal legislation. The Bill, as proposed by Senators Christopher Bond, Bill Frist and Trent Lott, prohibits any person or entity from using human somatic cell transfer technology and from importing an embryo produced through such technology.

Interviewing the Local Police Essay -- essays research papers

Interviewing the Local Police My independent project was done on a whimsical basis. It's thanksgiving eve and my family and I are all gathered around watching football. The Redskins and Cowboy's are all tied up, and my uncle is on the verge of having a nervous breakdown. A diehard Cowboys fan, who can't even remember when was the last time he didn't bet on a game. Mom and dad are still eating, while my aunt recites a thanksgiving song for all the uninvited guests. The door bell rings, and what do you know it's the local Police. Officers Bob Jacob and William Gould stop by on their neighbor-hood patrol. My aunt invities them in for some coffee, and they end up eating the rest of our thanksgiving dinner. For some strange reason I think of Sociology.( Do you think they'll arrest me if I ask...

Sociology Couples and Equality Paper

Sociology – Using material item B and elsewhere, assess the view that roles and relationships among couples are becoming more equal. To assess equality between couple's roles within a family over time we must comprehend power distribution and human psychology that exists within a couple's relationship. We must do this in order to understand why each role has been distributed between the two partners the male and the female.And henceforth between comparison of older studies and newer studies we can derive a pattern of progression or regression in the equality among couples. One of the roles that have been distributed between couples is household chores. Ann Oakley, a feminist (1975) came to the understanding that the housewife, a socialised role, was created by industrialisation. She discovered this when she researched middle and working class couples and their scale of equality; working class participants had less equality on average compared to middle class participants.This occurred as the higher the class the higher you are in the power hierarchy and those with power had the ability to make a better life for themselves and the people they cared about. The better the life the healthier the relationship, caused by positive and cooler mind sets, which then leads on to joint conjugal roles where neither partner wants to upset the happiness that exists between them. Also in the higher classes friendship circles are very close were all the husbands would socialise together and so would the wife's leading to joint conjugal roles Bott (1957).The working class participants as mentioned before had little equality even though the men could make the difference by refreshing otherwise standard attitudes of ignorance and influence of â€Å"the housewife†. The housewife being the idea that childcare and housework are defined as female roles (Item B). The power hierarchy triangle , using my chained analysis, can be used as a life standard scale then also a hea lthy relationship scale then furthermore an equality scale were on average there is small equality.To criticise Ann Oakley she did not assess the difficulty of paid work for men in those times as men did have to endure a large amount of responsibility when undergoing mental and physical tasks, when using emotional influence to excel their career and to say the least making sure his family didn’t end up on the streets (welfare and benefits were minuscule). This research if done could tip the scales of equality in this era. Also in those times women didn't expect to be treated equally the idea of the housewife was passed down from mother to daughter in order for their daughter and her children after to be able to excel in the class system.So can we really criticise the inequality that men created if the teaching of being the housewife were being passed down by women. Newer studies of the household chore from the British social attitudes survey (1997) showed an increase in the e quality between husband and wife where men would contribute to domestic work; march of progress. But all the same the men are still the minority when it comes to the most responsible figure in the household. Which suggests the ideology of the housewife is still present and so the symmetrical family is still an idea society is fighting for; old habits die hard.In comparison of both research studies I see that the idea of the housewife is still present hindering the chances of equality/the symmetrical family. But equality between couples has developed/progressed as we see men are taking part in more domestic work/household chores. The second type of role that takes part within the family is childcare. Boulton (1983) wrote a book â€Å"On Being a Mother† and it discusses how men do look after the children but in their own benefits and didn't actually take primary responsibility.In example a mother would need help looking after the children as she had a huge amount of domestic wo rk to tend to so the father would take the children out for ice cream the mother would never be able to do that because she's always busy and the father gets to go out for pleasure. In this case the children spend time with the father not because the father has the responsibility but because the mother, the primary carer, could not tend to them and in the end the father gets to enjoy his time while the mother is at home putting the family above herself.There's a vast amount of inequality between the segregated couples which regresses the idea of the symmetrical family. Ferri and smith (1996) had a similar study but on a vast scale and the found that there was hardly any equality between couples in contributing to family roles as the father would have he easier tasks and the women would be the labour in the household. They also found that if women contributed to putting bread on the table they would still have to contribute to the domestic labour as much as any other women as if it w ere a privilege to be able to go out and work.This also contributing to the idea that equality between couples has regressed as the large majority of the data concludes that women are overworked by men. Decision making is the third role that is dispersed between the partners and we find that men usually make larger decisions while women keep to the smaller ones which involve their domestic work. Edgell (1980) found that men made decision on 3 areas that were important to both partners: moving house, finance and cars. While the women would make decision that was important but weren't seen as important to both partners e. tonight's diner, shopping for food, children's clothing etc. Due to the unappreciative attitudes each partner gave to the smaller but frequent tasks women undertook the man was considered as the power house where all decisions of and for the household were made. Understanding this we can see that equality could not progress because both partners are lead to believe t hat the smaller more frequent tasks are insignificant causing regression in equality between couples. Backing this statement is the second part of Edgell’s study was half the men and women said equality was a bad thing.We could assume that the man was taking lead on the decision and influencing the wife but most likely they saw each other as incapable of preforming their â€Å"set† tasks. Although there are criticisms of Edgell's study coming from another feminist NB Davis (1991) and she has experienced the idea that women can use their abilities of persuasion and power to manipulate and even undermine men's' power. If thought about the hypothesis is valid but there is no study to back that statement how do we know that women only accept their social status so they can sway the power in their direction.This study was 10 years later and we now have the understanding that women are capable of tipping the power distribution in their favour which may not be the best way to insure equality but it is effective. Even though this occurs I don't think most women have the capability of subtly controlling men to the point were they have the power and control within the relationship or equal to so I still stand on saying there is a regression in equality between couples. Pahl (1993) in research on the role of finance, the forth role, in a family found the men dominated in controlling the finances of the house.He found that if both couples were in paid work the man controlling the finances were more common and in the least likely of cases only one of the couples would work and that one would control the finances again most likely the man. We see an emerging pattern of men dominance in any case which regresses the idea of equality in distribution of domestic roles. But Pahl's study did find equality between men and women in managing the finances (a quarter of the results) which in comparison with industrial times the amount is pretty high as women were expecte d not to work at all and never to manage finances.So we can actually derive that there has been a progression, however slow, in the equality of men and women. In criticism men are naturally better at mathematics then women it is known in education that boys usually achieve higher in Maths while women usually excell in English so it can't just be based on the idea that men dominate the important tasks of the family linking in with decision making. The fifth but one of the most influential roles for men is the career role â€Å"someone to put bread on the table†. Martins and Roberts (1984) found that men are more likely to take part in domestic labour if the women worked full time. More likely† is an indication that even though the women took the role of the man would still be disinclined to take the responsibilities of the woman (54%). Women found it much harder to start and grow a career (Item B) so you would think men would have enough understanding and sympathy for th e majority to help out but it wasn't the case. Their second part of the research found that 74% of part time working women took full responsibility for domestic labour. This indicates very low levels of equality in this point in time.To argue Gershuny (1982) found that on average hours spent on conjugal roles for women was less of that of men if the man was in full time work. In older times on average more men were in full time work than women we would see that men's argument of equality would be better weighted than women. Sulvian (1996) found that most men spent their free time socialising and relaxing while women spent most of their free time to housework. This point could tip the scales to show balance between men and women on hours spent on conjugal roles; but it really depends on your point of view.Some people would argue that â€Å"a women's work is never done† because they want to create a perfect home not because they need to. I my opinion women do their work out of good will and because of this progression to the symmetrical family may be hindered. I derived this as women would be less likely to share their conjugal roles with the incapable domestic workers, men. Even with this is sight I see progression in equality amongst couples as Hardill el al (1997) found different data to Martin and Roberts (1984) but found evidence of joint decisions and some movements of equality.On time based judgements I say that career based roles in contribution to conjugal roles between couples are becoming more equal; as we see an emergence in joint decisions and shared labour. The sixth and darkest side of the family is the emotion and violence role. Duncombe and Marsden (1995) found evidence to construct the triple shift theory were in the most unequal situation women would do the domestic labour be in full employment and use their emotional capabilities to create a stable and happy family.Their research shows that undertaking the role of emotional work is a g reat responsibility as you must not only understand yourself but the rest of the family too. Not only that because the children are too young to see the problem and, research shows, the father denies it the women gets singled out. Which leads to the inescapable situation: the women out of good will try to make sure her family see the problem and because of that she is exposed to domestic violence.Dobash and Dobash (1979) found that out of 137 women 25% of them would receive beatings for poor behaviour. This occurred as they found the power relationship in marriage is unequal between the couples which then affects the later generations understanding of violence within the household due to visual socialisation. They also found that women were incapable of leaving their husbands due to financial dependence so again we find an inescapable situation were women are the victims. If we work through 1979 to 1995 we find that women found 2 escape routes to equality.One was to gain financial d ependence to start careers from young ages and not falling into this oppressed cycle (evidence being Item B â€Å"current high levels of divorce†). The other lead into the second oppressed cycle. By looking at this research and understanding the scientific principle of natural selection women have learnt to avoid violence/physical confrontation by becoming skilled in working with people’s emotions. Women may not always fall into the second cycle of oppression depending on their skill in emotion and the characteristics of each of the family members.These two routes may not always lead to equality but they lead to greater equality than that of the past showing a progression in equality amongst couples in society. Evaluating these different domestic roles I have found one conclusion on the equality between couples and its course. The symmetrical family is a feasible idea but time has taken its toll and partnerships continue to be unequal (Item B) but with time and underst anding of this situation we can progress. In the role of household chores we found slow but gaining rogression in the equality amongst couples most likely caused by guilt as it takes time for the reality to sink in to unravel ignorance and primary socialisation. In the role of childcare we see that regression in equality between couples is predictable as the father likes to take the easy way out not seeing or denying the problem the mother gets singled out (against fun). So really in this situation the father is the individual that needs to get the progression of equality motor running.In the role of decision-making we have seen regression in equality amongst couples this was caused by both partners inability to change for the better were both partners deny the significance of smaller but frequent tasks. In the role of finance we discover that progression is there as men are allowing women to take on careers they are more accepting to the idea of women managing their own finances an d in comparison with other roles this one has most progression in equality. In the role of the â€Å"bread winner†/careers we see an equal amount of progression as that of finance for the same reason (constant reminders of capability).In the role of emotions and violence work we derive with understanding that equality is progressing as women were able to grow and overlook their past. With this understanding women are able to show the error in men’s ways and with time ignorance and highly gendered division of labour (Item B) will be a thing of the past and socialisation will work for equality amongst couples. With that being said and the rest of the assessment being considered I can say that roles and relationships amongst couples are becoming more equal because of women.

Monitor Complience with Legislative Requirements

A. monitor complience with legislative requirements †¢Understanding the principles on how to monitor complience with the legislative requirements monitor complience with legislative requirements Understanding the principles on how to monitor complience with the legislative requirements 1. explain the basic principles of â€Å"general average† 2. state the procedures for release of cargo to the consignee before the general average contribution has been assessed. 3. tate briefly the basic statutory regulations such as; load line convention, international convention and prevention of pollution at sea, STCW convention, ILO convention, SOLAS Convention, ISM code, ISPS code, GENEVA Conventions of 1958 and the United Nation Convention (UNCLOS) on the Law of the Sea, PMMRR, R. A. 8544, etc. how compliance is controlled and consequences of their non-compliance. 4. enumerate the different organizations, offices and authorities engaged in various controlled activities on vessels (cl assification societies, flag and port state, inspections, etc. 5. enumerate at least ten (10) different mandatory certificates, documents and records required of a commercial vessel, and the implications of their absence. 1. ) The law of general average is a legal principle of maritime law according to which all parties in a sea venture proportionally share any losses resulting from a voluntary sacrifice of part of the ship or cargo to save the whole in an emergency. In the exigencies of hazards faced at sea, crew members often have precious little time in which to determine precisely whose cargo they are jettisoning.Thus, to avoid quarrelling that could waste valuable time, there arose the equitable practice whereby all the merchants whose cargo landed safely would be called on to contribute a portion, based upon a share or percentage, to the merchant or merchants whose goods had been tossed overboard to avert imminent peril. While general average traces its origins in ancient mari time law, still it remains part of the admiralty law of most countries. The first codification of general average was the York Antwerp Rules of 1890. American companies accepted it in 1949.General average requires three elements which are clearly stated by Mr. Justice Grier in Barnard v. Adams: â€Å"1st. A common danger: a danger in which vessel, cargo and crew all participate; a danger imminent and apparently ‘inevitable,' except by voluntarily incurring the loss of a portion of the whole to save the remainder. † â€Å"2nd. There must be a voluntary jettison, jactus, or casting away, of some portion of the joint concern for the purpose of avoiding this imminent peril, periculi imminentis evitandi causa, or, in other words, a transfer of the peril from the whole to a particular portion of the whole. â€Å"3rd. This attempt to avoid the imminent common peril must be successful†. http://en. wikipedia. org/wiki/General_average 2. ) RELEASE OF CARGO WITHOUT PRESENT ATION OF THE CORRECT DOCUMENTATION There has been a noticeable increase in the unlawful or incorrect release of cargo, associated with one of the following release methods: a) Countries that require imported cargo to come immediately under the control of their Customs service, who then take on the responsibility for its release. ) Countries with legislation that permits the release of cargo without the presentation of the original bill of lading. c) Authorisation by the carrier’s agent to release cargo without the permission of the shipper or the issuer of the original bill of lading. There has been considerable coverage regarding the delivery of containerised cargo to locations such as Chile and Paraguay, whereby their Customs service takes immediate control of the cargo and subsequently release it, often without presentation of the original bill of lading.Signum has recently encountered two situations whereby fraudsters have manipulated legislation that allows Customs, with out consultation with the carrier’s agent, to release cargo without presentation of the original bill of lading. 1. The Dominican Republic legislation stipulates that a carrier must deliver all cargo to the Dominican Port Authority/Customs with the carrier’s liability ceasing at the point of entry. Cargo can be released upon presentation of the original bill of lading, accompanied by the commercial invoice.In the absence of an original bill of lading, a bond to the value of the cargo, issued by a bona fide bank or insurance company, is acceptable. The bond indemnifies any party against a loss that may occur as a result of the of the cargo being released. Neither the carrier nor their agent needs to be made aware of such a bond. Signum was asked to enquire into a matter that involved a consignee who secured the release of his cargo by means of an insurance bond and then disappeared, having failed to make payment for the cargo.Initially, the insurance company, who had su pposedly issued the bond to the consignee, maintained that they could not account for itsexistence, suggesting that it had been fraudulently issued. Enquiries revealed that a member of their staff, who was authorised to issue such bonds, had done so on the instructions of her ex-supervisor and a Customs Agent. When these two parties were interviewed, they denied the clerk’s version of events. The Dominican Republic legislation stipulates that provided an authorised person issued the bond, it protects any party who suffered a loss, which applied in this instance.This allowed the shipper to lodge a claim against the insurance company for the loss of the cargo. 2. A similar situation occurred when perishable cargo was released in Suape, Brazil, without presentation of the original bill of lading. The consignee made a fraudulent application to a court under the provisions of the Brazilian Importation Legislation on perishable goods to secure the cargo’s release. He alleged that the shipper had reneged on a contract that allowed him to partly pay for the cargo prior to its receipt and then pay the outstanding amount by instalments.Due to the shipper’s refusal to release the cargo under the terms of the contract and his intention to re-ship it would cause him an irreplaceable loss. The court accepted this submission without seeking the view of the carrier’s agent and ordered the release of the cargo against security lodged with the court in the form of deeds to a property owned by a third party. After obtaining custody of the cargo, the consignee attended the court and produced a fraudulent document, showing that the shipper acknowledged the payment agreement.This caused the court to cancel the security and return the deeds of the property. The court application and payment agreement were shown to be fraudulent and that the consignee had committed similar frauds. The only action that could be taken was to notify Customs and the law enforc ement agency of this person’s activities. A more serious problem that continues to cause concern is where carriers’ agents disregard their legal responsibility in respect of the notified release instructions and authorise a party to receive their cargo without presentation of the correct documentation.This lack of judgement is all too often influenced by their close association with the consignee or their agent, with whom they have no legal obligation. Such releases can cause serious financial implications to the other parties. The general methods used to secure the release of cargo are: 1. The consignee/agent promises to present the original bill of lading at a later date. 2. The production of a consignee/agent’s letter of credit. 3. Bank reference confirming sufficient funds exist in the consignee’s account. 4. The presentation of a forged document.Signum was asked to enquire into the activities of an agency, whereby it appeared that over a period of ti me some 150 containers laden with cargo had been released in non-compliance to their release procedure. This procedure required both the Shipping Manager and another member of staff to authorise the release of containers, upon production of the correct documentation. The Shipping Manager, due to his status and guile, was able, over several months, to authorise the release of these containers without complying with the agencies directive. Only when it became impossible for him to continue to deceive others as to his actions, did he decamp.Prevention is simple. If the original bill of lading is not produced, or there is doubt as to whether it is genuine, then advice should be sought from the issuer of the document. If the matter cannot be resolved satisfactorily and safely, assistance should be obtained from the Club’s local correspondents or the Members’ usual contact at the Club. Signum is always available to investigate serious cases. http://www. ukpandi. com/fileadmi n/uploads/uk-pi/LP%20Documents/Signum_Reports/Signum%20release%20of%20Cargo. pdf 3. ) USCG Load Line Regulations and Policies (46 CFR parts 42–47) 46 USC chapter 51) Overview The principal Coast Guard office responsible for load line regulations and policy is the Naval Architecture Division (CG-ENG-2). In general, most commercial U. S. vessels that are 79 feet (24 m) in length or longer (or more than 150 gross tons if built before 1 Jan 1988 on domestic voyages, or built before 21 Jul 1968 if on foreign voyages) must have a valid load line certificate when venturing outside the U. S. Boundary Line, whether on a domestic or international voyage. Domestic voyages are coastwise, offshore, or high seas voyages that return directly to a U. S. ort (including â€Å"voyages to nowhere†). There are a few limited categories of vessels excluded from load line requirements. For example, small passenger vessels (i. e. , less than 100 gross tons) that only operate on domestic voyage s are excluded. Refer to 46 USC 5102 for vessel applicability specifics. IMPORTANT NOTE CONCERNING U. S. FISHING VESSELS: Previously, all U. S. fishing vessels were statutorily excluded from domestic load line regulations, regardless of size or length (although some fishing vessels that also process their catch beyond certain stages are required to obtain load lines).However, in the Coast Guard Authorization Act of 2010, Congress revoked that exclusion for new fishing vessels built on/after July 1st, 2012. Subsequently, in the Coast Guard and Marine Transportation Act of 2012 (signed into law on 20 Dec 2012), Congress postponed the load line compliance date to July 1st, 2013. Consequently, fishing vessels built on/after 1 July 2013, that are 79 feet or longer, and that operate outside the Boundary Line, are required to have a load line. Load line assignment includes pre-construction review and approval of plans by the assigning authority.Therefore, after 1 July 2013, fishing vessel designers/builders who intend to re-use construction plans for previously-built fishing vessels are cautioned that the plans might not comply with all load line requirements. If the owner intends to operate the new vessel outside the Boundary Line, then designers/builders are advised to submit the plans to the assigning authority in a timely fashion. Existing fishing vessels (i. e. , built before 1 July 2013) remain exempted from load lines for the time being.However, they will eventually have to meet the requirements of an alternate load line compliance program to ensure their continued seaworthiness beyond a certain age. The safety requirements for this alternate program, and the age at which the fishing vessels will need to comply, will be developed in cooperation with the commercial fishing industry and established by future regulation. (â€Å"Built† for these purposes means the date on which the vessel's keel is laid, or the assembled weight of the vessel is at least 50 metric tons (49. long tons) or one percent of the estimated mass of all structural material, whichever is less. ) How is load line length measured? Where is the Boundary Line? Purpose of Load Line Assignment The purpose of load line assignment is to ensure the seaworthiness of the intact (undamaged) vessel. This is accomplished by: †¢Ensuring a robust hull that can withstand severe sea conditions (i. e. , structural design, construction, and maintenance) †¢Ensuring weathertight & watertight integrity (i. e. , coamings; exposed doors, hatches, hull valves, etc, are in good working condition) Ensuring that the vessel has reserve buoyancy and is not overloaded (by limiting the maximum loaded draft) †¢Ensuring that the vessel has adequate stability for all loading & operating conditions (by approved stability documentation & instructions) †¢Ensuring rapid drainage of water on deck (boarding seas) (by adequate arrangement of freeing ports in bulwarks) †¢Ensuring safety of crew while working on deck (by increased freeboard to reduce boarding seas, guardrails) †¢Ensuring that modifications to vessel do not compromise seaworthiness (modifications must be approved by LL assigning authority) Periodic inspections (afloat and drydocked) to verify that the above are properly maintained (by LL assigning authority) Obtaining a Load Line International load line certificates are issued to vessels that meet the requirements of the IMO International Convention on Load Lines (ICLL); ICLL certificates are required on U. S. vessels that go on voyages to foreign ports or waters. Domestic load line certificates are issued to vessels that meet the requirements of U. S. load line regulations (which are found in 46 CFR Subchapter E).With minor exceptions, the U. S. requirements for an unrestricted domestic load line (suitable for high seas voyages) are the same as the requirements for an international ICLL load line. For this reason, an ICLL certificate is acceptable in lieu of a domestic certificate. Load line certificates (domestic or ICLL) are issued on behalf of the United States by the American Bureau of Shipping or one of several other USCG-approved classification societies. The choice of assigning authority is made by the vessel owner/operator.The Coast Guard itself does not issue load lines other than a â€Å"single voyage exemption certificate. † In order to be issued a load line (whether domestic or international ICLL), the vessel must be constructed to meet the load line requirements. This entails pre-construction review and approval of the vessel's design by the assigning authority. Surveyors then periodically visit the shipyard to verify that it is being constructed according to the approved design. Upon completion of construction, the vessel is inclined so that its stability documents can be approved and issued.The freeboard assignment is calculated, and the load line marks are inscribed on the hull. Upon final ve rification that all of these steps have been properly accomplished, the vessel is issued a load line certificate. A load line certificate is normally issued for a 5-year term, subject to annual â€Å"topside† surveys to verify that hatch covers, doors, vent covers, and other critical closures are in good working condition, and that there have not been any damage or unauthorized modifications that would compromise the vessel's seaworthiness.At the end of the 5-year term, the vessel must be drydocked to inspect the underwater hull, seachests and valves, etc, before a new certificate can be issued. Load Line Enforcement and Violations U. S. vessel owners and operators are subject to fines and penalties if a vessel is overloaded such that the load line marks are submerged, or the vessel is operated in violation of any restrictions on its certificate. Penalties are set forth in 46 USC 5116. Foreign vessels in U. S. waters are required to have a valid international (ICLL) load line certificate.A foreign vessel may be detained in port if the Coast Guard determines that it is overloaded, or unseaworthy due to poor condition. The vessel won't be released to depart until the deficiencies have been corrected: excess cargo is offloaded, repairs have been made and a surveyor from the assigning authority has attended the vessel to confirm its compliance with ICLL regulations. 4. ) BP Shipping safeships On the face of it, BP Shipping is one of the safesttanker operators around, regularly achieving topquartile safety results in the industry and rarelymaking headlines for the wrong reasons.But as the organization’s fleet has grown rapidly to more than 80 vessels today, so the realization has spreadthat truly world-class safety performance is about more than lowering headline safety numbers or beating industry benchmarks. For safety performance to really move to a new level, it has to become self sustaining and therefore sustainable. â€Å"Day in, day out, the sa fety message has to be made and remade so that it becomes engrained at every level everywhere, in every action, in every decision and in every way.The entire organization has to be safety empowered and constantly on the lookout for new hazards,† says Dave Williamson, director of fleet operations for BP Shipping. â€Å"We’re beginning to make the turn towards constant improvement and the sort of restless state of mind that we need, but there is still some way to go. † In the past, most emphasis has been put on numbers and performance based on: ‘days away from work case’ incidents, lost time injuries, near misses, oil spills and other serious incidents. These performance matrices continue to be monitored very closely and show continuous improvement.But now the push is on to move safety performance to another level, motivated in no small measure by a fear that some of the cultural and operational factors that led to the Texas City refinery explosion in 2005 might be present in some parts of BP Shipping’s activities. The key to this has been to get everyone in the organization to think about safety in a new way, one that focuses on experience, leadership, training, processes and relationships rather than numbers. Intrinsic to this more open approach is the importance of driving safety back into the ’line’ – to people with asset management capability.In parallel, new emphasis is being placed on safety leadership on vessels and ashore to engender a stronger sense of inclusiveness and team bonding around safety behaviour. â€Å"Safety is not just about trips or falls. It’s about exactly the same things you also need to achieve great operational performance and the same motivations that give us the continuous drive to have the best people, processes, equipment and leadership. † Williamson concludes: â€Å"At the moment we’re not able to say we’re the best, we still have areas whe re we believe there is significant room for improvement.But ‘the best’ is a relative state and safety is a never ending journey. Mysense is that we’ve made significant changes andadvances in the past couple of years. † Measuring safety All injuries by activity, October 2006 All injuries by location onboard, October 2006 Other 23 % Office work 2% Cargo operations 2% Shipyard 5% Navigating 2% Engine operations 9% Bunkering 7% Maintenance 36% Mooring 7% Drills and exercises 2% Domestic 5% Other 6% Enclosed space 2% Steering gear 2% Store rooms 6% Bridge 2% Engine room 41% Mooring areas 4%Lifeboat Accommodation 11% embarkation 4% Main deck 22 % Illegal, Unreported, and Unregulated (IUU) Fishing The crew of the Coast Guard Cutter Rush escorts the suspected high seas drift net fishing vessel Da Cheng in the North Pacific Ocean on August 14, 2012. Photo Credit: U. S. Coast Guard Liberian fishery observers toured a shrimp vessel as part of the two-week observer tra ining program supported by NOAA Fisheries to combat IUU fishing. IUU fishing is a global problem that threatens ocean ecosystems and sustainable fisheries.IUU products often come from fisheries lacking the strong and effective conservation and management measures to which U. S. fishermen are subject. IUU fishing most often violates conservation and management measures, such as quotas or bycatch limits, established under international agreements. By adversely impacting fisheries, marine ecosystems, food security and coastal communities around the world, IUU fishing undermines domestic and international conservation and management efforts. Furthermore, IUU fishing risks the sustainability of a multi-billion-dollar U. S. industry.NOAA’s Role in Combating IUU Fishing Because the United States imports more than 80 percent of its seafood, NOAA Fisheries is working to ensure that high demand for imported seafood does not create incentives for illegal fishing activity. Working in par tnership with other U. S. Government agencies, foreign governments and entities, international organizations, non-government organizations, and the private sector is crucial to effectively combating IUU fishing. We work with other fishing nations to strengthen enforcement and data collection programs around the world aimed at curtailing IUU fishing.We have put measures in place to restrict port entry and access to port services to vessels included on the IUU lists of international fisheries organizations with U. S. membership. For recent news on IUU fishing, visit our IUU stories page. In addition, U. S. legislation allows us to take action on our own. The Magnuson-Stevens Reauthorization Act, which amends the High Seas Driftnet Fishing Moratorium Protection Act, requires NOAA to identify countries that have fishing vessels engaged in IUU activities. Once a nation has been identified, we consult with the nation to encourage appropriate corrective action.If the identified nation rece ives a negative certification, we can impose trade restrictions on that nation. The Lacey Act also provides the United States with the authority to impose significant sanctions against individuals and companies engaged in trafficking illegally taken fish and wildlife. Learn more about action NOAA is taking to combat IUU fishing. For more information or questions on IUU fishing, please visit our frequently asked questions page or contact David Pearl (david. [email  protected] gov). 5. ) passenger ship safety certificate – for all passenger ships †¢cargo ship safety radio certificate – for cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 300gt on international voyages only †¢cargo ship safety equipment certificate – for cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 500gt on international voyages only †¢cargo ship safety construction certificate – for ca rgo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 500gt on international voyages only †¢cargo ship safety certificate – for cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 300gt †¢load line certificate – for passenger ships in non-UK waters, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 24 metres in length (if built on or after 21 July 1968) or of more than 150gt and for passenger ships in UK waters over 80 net tonnes †¢oil pollution prevention certificate – for fishing vessels, passenger ships, cargo ships, chemical tankers or gas carriers and large commercial yachts over 400gt and oil tankers over 150gt †¢minimum safe manning document certificate – for passenger ships, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 500gt †¢safety management certificate â₠¬â€œ for all passenger ships and for cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 500gt †¢ship security certificate – for passenger ships, cargo ships oil tankers, chemical tankers or gas carriers and large commercial yachts on international voyages only †¢sewage pollution certificate – for fishing vessels, passenger ships, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts of 400gt or more, or carrying 15 persons or more on international voyages only †¢air pollution certificate – for fishing vessels, passenger ships, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial achts of 400gt or more †¢anti-fouling declaration – for fishing vessels under 24 metres in length or of less than 400gt †¢anti-fouling certificate – for fishing vessels, passenger ships, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts of 400gt or more †¢certificate of fitness (chemical or gas) certificate – for all chemical tankers or gas carriers †¢dangerous goods certificate – for passenger ships built after 1 September 1984, and for cargo ships after a certain date of build on international voyages only †¢certificate of compliance for a large charter yacht – for all large passenger yachts †¢UK fishing vessel certificate – for fishing vessels between 15 and 24 metres in length †¢international fishing vessel certificate – for fishing vessels over 24 metres in length †¢small commercial vessel certificate – for pilot boats and small commercial vessels under 24 metres in length †¢certificate of registry – mandatory for all fishing vessels, optional for pilot boats and small commercial vessels †¢international tonnage – for fishing vessels under 24 metres in length Monitor Complience with Legislative Requirements A. monitor complience with legislative requirements †¢Understanding the principles on how to monitor complience with the legislative requirements monitor complience with legislative requirements Understanding the principles on how to monitor complience with the legislative requirements 1. explain the basic principles of â€Å"general average† 2. state the procedures for release of cargo to the consignee before the general average contribution has been assessed. 3. tate briefly the basic statutory regulations such as; load line convention, international convention and prevention of pollution at sea, STCW convention, ILO convention, SOLAS Convention, ISM code, ISPS code, GENEVA Conventions of 1958 and the United Nation Convention (UNCLOS) on the Law of the Sea, PMMRR, R. A. 8544, etc. how compliance is controlled and consequences of their non-compliance. 4. enumerate the different organizations, offices and authorities engaged in various controlled activities on vessels (cl assification societies, flag and port state, inspections, etc. 5. enumerate at least ten (10) different mandatory certificates, documents and records required of a commercial vessel, and the implications of their absence. 1. ) The law of general average is a legal principle of maritime law according to which all parties in a sea venture proportionally share any losses resulting from a voluntary sacrifice of part of the ship or cargo to save the whole in an emergency. In the exigencies of hazards faced at sea, crew members often have precious little time in which to determine precisely whose cargo they are jettisoning.Thus, to avoid quarrelling that could waste valuable time, there arose the equitable practice whereby all the merchants whose cargo landed safely would be called on to contribute a portion, based upon a share or percentage, to the merchant or merchants whose goods had been tossed overboard to avert imminent peril. While general average traces its origins in ancient mari time law, still it remains part of the admiralty law of most countries. The first codification of general average was the York Antwerp Rules of 1890. American companies accepted it in 1949.General average requires three elements which are clearly stated by Mr. Justice Grier in Barnard v. Adams: â€Å"1st. A common danger: a danger in which vessel, cargo and crew all participate; a danger imminent and apparently ‘inevitable,' except by voluntarily incurring the loss of a portion of the whole to save the remainder. † â€Å"2nd. There must be a voluntary jettison, jactus, or casting away, of some portion of the joint concern for the purpose of avoiding this imminent peril, periculi imminentis evitandi causa, or, in other words, a transfer of the peril from the whole to a particular portion of the whole. â€Å"3rd. This attempt to avoid the imminent common peril must be successful†. http://en. wikipedia. org/wiki/General_average 2. ) RELEASE OF CARGO WITHOUT PRESENT ATION OF THE CORRECT DOCUMENTATION There has been a noticeable increase in the unlawful or incorrect release of cargo, associated with one of the following release methods: a) Countries that require imported cargo to come immediately under the control of their Customs service, who then take on the responsibility for its release. ) Countries with legislation that permits the release of cargo without the presentation of the original bill of lading. c) Authorisation by the carrier’s agent to release cargo without the permission of the shipper or the issuer of the original bill of lading. There has been considerable coverage regarding the delivery of containerised cargo to locations such as Chile and Paraguay, whereby their Customs service takes immediate control of the cargo and subsequently release it, often without presentation of the original bill of lading.Signum has recently encountered two situations whereby fraudsters have manipulated legislation that allows Customs, with out consultation with the carrier’s agent, to release cargo without presentation of the original bill of lading. 1. The Dominican Republic legislation stipulates that a carrier must deliver all cargo to the Dominican Port Authority/Customs with the carrier’s liability ceasing at the point of entry. Cargo can be released upon presentation of the original bill of lading, accompanied by the commercial invoice.In the absence of an original bill of lading, a bond to the value of the cargo, issued by a bona fide bank or insurance company, is acceptable. The bond indemnifies any party against a loss that may occur as a result of the of the cargo being released. Neither the carrier nor their agent needs to be made aware of such a bond. Signum was asked to enquire into a matter that involved a consignee who secured the release of his cargo by means of an insurance bond and then disappeared, having failed to make payment for the cargo.Initially, the insurance company, who had su pposedly issued the bond to the consignee, maintained that they could not account for itsexistence, suggesting that it had been fraudulently issued. Enquiries revealed that a member of their staff, who was authorised to issue such bonds, had done so on the instructions of her ex-supervisor and a Customs Agent. When these two parties were interviewed, they denied the clerk’s version of events. The Dominican Republic legislation stipulates that provided an authorised person issued the bond, it protects any party who suffered a loss, which applied in this instance.This allowed the shipper to lodge a claim against the insurance company for the loss of the cargo. 2. A similar situation occurred when perishable cargo was released in Suape, Brazil, without presentation of the original bill of lading. The consignee made a fraudulent application to a court under the provisions of the Brazilian Importation Legislation on perishable goods to secure the cargo’s release. He alleged that the shipper had reneged on a contract that allowed him to partly pay for the cargo prior to its receipt and then pay the outstanding amount by instalments.Due to the shipper’s refusal to release the cargo under the terms of the contract and his intention to re-ship it would cause him an irreplaceable loss. The court accepted this submission without seeking the view of the carrier’s agent and ordered the release of the cargo against security lodged with the court in the form of deeds to a property owned by a third party. After obtaining custody of the cargo, the consignee attended the court and produced a fraudulent document, showing that the shipper acknowledged the payment agreement.This caused the court to cancel the security and return the deeds of the property. The court application and payment agreement were shown to be fraudulent and that the consignee had committed similar frauds. The only action that could be taken was to notify Customs and the law enforc ement agency of this person’s activities. A more serious problem that continues to cause concern is where carriers’ agents disregard their legal responsibility in respect of the notified release instructions and authorise a party to receive their cargo without presentation of the correct documentation.This lack of judgement is all too often influenced by their close association with the consignee or their agent, with whom they have no legal obligation. Such releases can cause serious financial implications to the other parties. The general methods used to secure the release of cargo are: 1. The consignee/agent promises to present the original bill of lading at a later date. 2. The production of a consignee/agent’s letter of credit. 3. Bank reference confirming sufficient funds exist in the consignee’s account. 4. The presentation of a forged document.Signum was asked to enquire into the activities of an agency, whereby it appeared that over a period of ti me some 150 containers laden with cargo had been released in non-compliance to their release procedure. This procedure required both the Shipping Manager and another member of staff to authorise the release of containers, upon production of the correct documentation. The Shipping Manager, due to his status and guile, was able, over several months, to authorise the release of these containers without complying with the agencies directive. Only when it became impossible for him to continue to deceive others as to his actions, did he decamp.Prevention is simple. If the original bill of lading is not produced, or there is doubt as to whether it is genuine, then advice should be sought from the issuer of the document. If the matter cannot be resolved satisfactorily and safely, assistance should be obtained from the Club’s local correspondents or the Members’ usual contact at the Club. Signum is always available to investigate serious cases. http://www. ukpandi. com/fileadmi n/uploads/uk-pi/LP%20Documents/Signum_Reports/Signum%20release%20of%20Cargo. pdf 3. ) USCG Load Line Regulations and Policies (46 CFR parts 42–47) 46 USC chapter 51) Overview The principal Coast Guard office responsible for load line regulations and policy is the Naval Architecture Division (CG-ENG-2). In general, most commercial U. S. vessels that are 79 feet (24 m) in length or longer (or more than 150 gross tons if built before 1 Jan 1988 on domestic voyages, or built before 21 Jul 1968 if on foreign voyages) must have a valid load line certificate when venturing outside the U. S. Boundary Line, whether on a domestic or international voyage. Domestic voyages are coastwise, offshore, or high seas voyages that return directly to a U. S. ort (including â€Å"voyages to nowhere†). There are a few limited categories of vessels excluded from load line requirements. For example, small passenger vessels (i. e. , less than 100 gross tons) that only operate on domestic voyage s are excluded. Refer to 46 USC 5102 for vessel applicability specifics. IMPORTANT NOTE CONCERNING U. S. FISHING VESSELS: Previously, all U. S. fishing vessels were statutorily excluded from domestic load line regulations, regardless of size or length (although some fishing vessels that also process their catch beyond certain stages are required to obtain load lines).However, in the Coast Guard Authorization Act of 2010, Congress revoked that exclusion for new fishing vessels built on/after July 1st, 2012. Subsequently, in the Coast Guard and Marine Transportation Act of 2012 (signed into law on 20 Dec 2012), Congress postponed the load line compliance date to July 1st, 2013. Consequently, fishing vessels built on/after 1 July 2013, that are 79 feet or longer, and that operate outside the Boundary Line, are required to have a load line. Load line assignment includes pre-construction review and approval of plans by the assigning authority.Therefore, after 1 July 2013, fishing vessel designers/builders who intend to re-use construction plans for previously-built fishing vessels are cautioned that the plans might not comply with all load line requirements. If the owner intends to operate the new vessel outside the Boundary Line, then designers/builders are advised to submit the plans to the assigning authority in a timely fashion. Existing fishing vessels (i. e. , built before 1 July 2013) remain exempted from load lines for the time being.However, they will eventually have to meet the requirements of an alternate load line compliance program to ensure their continued seaworthiness beyond a certain age. The safety requirements for this alternate program, and the age at which the fishing vessels will need to comply, will be developed in cooperation with the commercial fishing industry and established by future regulation. (â€Å"Built† for these purposes means the date on which the vessel's keel is laid, or the assembled weight of the vessel is at least 50 metric tons (49. long tons) or one percent of the estimated mass of all structural material, whichever is less. ) How is load line length measured? Where is the Boundary Line? Purpose of Load Line Assignment The purpose of load line assignment is to ensure the seaworthiness of the intact (undamaged) vessel. This is accomplished by: †¢Ensuring a robust hull that can withstand severe sea conditions (i. e. , structural design, construction, and maintenance) †¢Ensuring weathertight & watertight integrity (i. e. , coamings; exposed doors, hatches, hull valves, etc, are in good working condition) Ensuring that the vessel has reserve buoyancy and is not overloaded (by limiting the maximum loaded draft) †¢Ensuring that the vessel has adequate stability for all loading & operating conditions (by approved stability documentation & instructions) †¢Ensuring rapid drainage of water on deck (boarding seas) (by adequate arrangement of freeing ports in bulwarks) †¢Ensuring safety of crew while working on deck (by increased freeboard to reduce boarding seas, guardrails) †¢Ensuring that modifications to vessel do not compromise seaworthiness (modifications must be approved by LL assigning authority) Periodic inspections (afloat and drydocked) to verify that the above are properly maintained (by LL assigning authority) Obtaining a Load Line International load line certificates are issued to vessels that meet the requirements of the IMO International Convention on Load Lines (ICLL); ICLL certificates are required on U. S. vessels that go on voyages to foreign ports or waters. Domestic load line certificates are issued to vessels that meet the requirements of U. S. load line regulations (which are found in 46 CFR Subchapter E).With minor exceptions, the U. S. requirements for an unrestricted domestic load line (suitable for high seas voyages) are the same as the requirements for an international ICLL load line. For this reason, an ICLL certificate is acceptable in lieu of a domestic certificate. Load line certificates (domestic or ICLL) are issued on behalf of the United States by the American Bureau of Shipping or one of several other USCG-approved classification societies. The choice of assigning authority is made by the vessel owner/operator.The Coast Guard itself does not issue load lines other than a â€Å"single voyage exemption certificate. † In order to be issued a load line (whether domestic or international ICLL), the vessel must be constructed to meet the load line requirements. This entails pre-construction review and approval of the vessel's design by the assigning authority. Surveyors then periodically visit the shipyard to verify that it is being constructed according to the approved design. Upon completion of construction, the vessel is inclined so that its stability documents can be approved and issued.The freeboard assignment is calculated, and the load line marks are inscribed on the hull. Upon final ve rification that all of these steps have been properly accomplished, the vessel is issued a load line certificate. A load line certificate is normally issued for a 5-year term, subject to annual â€Å"topside† surveys to verify that hatch covers, doors, vent covers, and other critical closures are in good working condition, and that there have not been any damage or unauthorized modifications that would compromise the vessel's seaworthiness.At the end of the 5-year term, the vessel must be drydocked to inspect the underwater hull, seachests and valves, etc, before a new certificate can be issued. Load Line Enforcement and Violations U. S. vessel owners and operators are subject to fines and penalties if a vessel is overloaded such that the load line marks are submerged, or the vessel is operated in violation of any restrictions on its certificate. Penalties are set forth in 46 USC 5116. Foreign vessels in U. S. waters are required to have a valid international (ICLL) load line certificate.A foreign vessel may be detained in port if the Coast Guard determines that it is overloaded, or unseaworthy due to poor condition. The vessel won't be released to depart until the deficiencies have been corrected: excess cargo is offloaded, repairs have been made and a surveyor from the assigning authority has attended the vessel to confirm its compliance with ICLL regulations. 4. ) BP Shipping safeships On the face of it, BP Shipping is one of the safesttanker operators around, regularly achieving topquartile safety results in the industry and rarelymaking headlines for the wrong reasons.But as the organization’s fleet has grown rapidly to more than 80 vessels today, so the realization has spreadthat truly world-class safety performance is about more than lowering headline safety numbers or beating industry benchmarks. For safety performance to really move to a new level, it has to become self sustaining and therefore sustainable. â€Å"Day in, day out, the sa fety message has to be made and remade so that it becomes engrained at every level everywhere, in every action, in every decision and in every way.The entire organization has to be safety empowered and constantly on the lookout for new hazards,† says Dave Williamson, director of fleet operations for BP Shipping. â€Å"We’re beginning to make the turn towards constant improvement and the sort of restless state of mind that we need, but there is still some way to go. † In the past, most emphasis has been put on numbers and performance based on: ‘days away from work case’ incidents, lost time injuries, near misses, oil spills and other serious incidents. These performance matrices continue to be monitored very closely and show continuous improvement.But now the push is on to move safety performance to another level, motivated in no small measure by a fear that some of the cultural and operational factors that led to the Texas City refinery explosion in 2005 might be present in some parts of BP Shipping’s activities. The key to this has been to get everyone in the organization to think about safety in a new way, one that focuses on experience, leadership, training, processes and relationships rather than numbers. Intrinsic to this more open approach is the importance of driving safety back into the ’line’ – to people with asset management capability.In parallel, new emphasis is being placed on safety leadership on vessels and ashore to engender a stronger sense of inclusiveness and team bonding around safety behaviour. â€Å"Safety is not just about trips or falls. It’s about exactly the same things you also need to achieve great operational performance and the same motivations that give us the continuous drive to have the best people, processes, equipment and leadership. † Williamson concludes: â€Å"At the moment we’re not able to say we’re the best, we still have areas whe re we believe there is significant room for improvement.But ‘the best’ is a relative state and safety is a never ending journey. Mysense is that we’ve made significant changes andadvances in the past couple of years. † Measuring safety All injuries by activity, October 2006 All injuries by location onboard, October 2006 Other 23 % Office work 2% Cargo operations 2% Shipyard 5% Navigating 2% Engine operations 9% Bunkering 7% Maintenance 36% Mooring 7% Drills and exercises 2% Domestic 5% Other 6% Enclosed space 2% Steering gear 2% Store rooms 6% Bridge 2% Engine room 41% Mooring areas 4%Lifeboat Accommodation 11% embarkation 4% Main deck 22 % Illegal, Unreported, and Unregulated (IUU) Fishing The crew of the Coast Guard Cutter Rush escorts the suspected high seas drift net fishing vessel Da Cheng in the North Pacific Ocean on August 14, 2012. Photo Credit: U. S. Coast Guard Liberian fishery observers toured a shrimp vessel as part of the two-week observer tra ining program supported by NOAA Fisheries to combat IUU fishing. IUU fishing is a global problem that threatens ocean ecosystems and sustainable fisheries.IUU products often come from fisheries lacking the strong and effective conservation and management measures to which U. S. fishermen are subject. IUU fishing most often violates conservation and management measures, such as quotas or bycatch limits, established under international agreements. By adversely impacting fisheries, marine ecosystems, food security and coastal communities around the world, IUU fishing undermines domestic and international conservation and management efforts. Furthermore, IUU fishing risks the sustainability of a multi-billion-dollar U. S. industry.NOAA’s Role in Combating IUU Fishing Because the United States imports more than 80 percent of its seafood, NOAA Fisheries is working to ensure that high demand for imported seafood does not create incentives for illegal fishing activity. Working in par tnership with other U. S. Government agencies, foreign governments and entities, international organizations, non-government organizations, and the private sector is crucial to effectively combating IUU fishing. We work with other fishing nations to strengthen enforcement and data collection programs around the world aimed at curtailing IUU fishing.We have put measures in place to restrict port entry and access to port services to vessels included on the IUU lists of international fisheries organizations with U. S. membership. For recent news on IUU fishing, visit our IUU stories page. In addition, U. S. legislation allows us to take action on our own. The Magnuson-Stevens Reauthorization Act, which amends the High Seas Driftnet Fishing Moratorium Protection Act, requires NOAA to identify countries that have fishing vessels engaged in IUU activities. Once a nation has been identified, we consult with the nation to encourage appropriate corrective action.If the identified nation rece ives a negative certification, we can impose trade restrictions on that nation. The Lacey Act also provides the United States with the authority to impose significant sanctions against individuals and companies engaged in trafficking illegally taken fish and wildlife. Learn more about action NOAA is taking to combat IUU fishing. For more information or questions on IUU fishing, please visit our frequently asked questions page or contact David Pearl (david. [email  protected] gov). 5. ) passenger ship safety certificate – for all passenger ships †¢cargo ship safety radio certificate – for cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 300gt on international voyages only †¢cargo ship safety equipment certificate – for cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 500gt on international voyages only †¢cargo ship safety construction certificate – for ca rgo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 500gt on international voyages only †¢cargo ship safety certificate – for cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 300gt †¢load line certificate – for passenger ships in non-UK waters, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 24 metres in length (if built on or after 21 July 1968) or of more than 150gt and for passenger ships in UK waters over 80 net tonnes †¢oil pollution prevention certificate – for fishing vessels, passenger ships, cargo ships, chemical tankers or gas carriers and large commercial yachts over 400gt and oil tankers over 150gt †¢minimum safe manning document certificate – for passenger ships, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 500gt †¢safety management certificate â₠¬â€œ for all passenger ships and for cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 500gt †¢ship security certificate – for passenger ships, cargo ships oil tankers, chemical tankers or gas carriers and large commercial yachts on international voyages only †¢sewage pollution certificate – for fishing vessels, passenger ships, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts of 400gt or more, or carrying 15 persons or more on international voyages only †¢air pollution certificate – for fishing vessels, passenger ships, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial achts of 400gt or more †¢anti-fouling declaration – for fishing vessels under 24 metres in length or of less than 400gt †¢anti-fouling certificate – for fishing vessels, passenger ships, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts of 400gt or more †¢certificate of fitness (chemical or gas) certificate – for all chemical tankers or gas carriers †¢dangerous goods certificate – for passenger ships built after 1 September 1984, and for cargo ships after a certain date of build on international voyages only †¢certificate of compliance for a large charter yacht – for all large passenger yachts †¢UK fishing vessel certificate – for fishing vessels between 15 and 24 metres in length †¢international fishing vessel certificate – for fishing vessels over 24 metres in length †¢small commercial vessel certificate – for pilot boats and small commercial vessels under 24 metres in length †¢certificate of registry – mandatory for all fishing vessels, optional for pilot boats and small commercial vessels †¢international tonnage – for fishing vessels under 24 metres in length