Is the liability of a carrier for the carriage of goods by sea any Essay - 1

Is the liability of a carrier for the carriage of goods by sea any different under the Hague and Hague-Visby Rules than it is at common law - Essay Example These exceptions were stated in the Acts of Lading, making carriers an almost untouchable lot. Later on their insistence led to a free-for-all in contract negotiation, and to carriers claiming and securing exception from almost all manner and form liability, even negligence. This led to the decision of the maritime stakeholders to have some form of control to prevent widespread abuse of claims arising from this situation. At the International Conference on Maritime Law held at Brussels in October 1922, (1) the delegates at the conference, agreed unanimously to recommend their respective government to adopt as the basis of a convention a draft convention for the unification of certain rules such as responsibilities, liabilities, rights and immunities attaching to carriers under the bills of lading. Bill of lading is a receipt of terms of the contract of carriage, which is generally evidenced by a document. This receipt is issued by the ship owner acknowledging that goods have been delivered to him for the purpose of carriage and the terms of the contract are incorporated in the bill of lading. signed at Brussels on the 25th of August, 1924; the Convention for the Unification of Certain Rules relating to bills of lading or The Hague Rules(2) was passed. In its bare essence, the Rules obliged carriers to provide seaworthy vessels at the beginning of the voyage and exercise due care for the goods throughout it(3) Thereafter, the U.K. Carriage of Goods by Sea Act of 1971 was passed to give effect to the protocol. The 1971 Act was brought into force in June 1977 and it repealed the 1924 Act and re-enacted the Hague Rules in their amended Hague Visby form.(4) "Contract of carriage by sea" means any contract whereby the carrier undertakes against payment of freight to carry goods by sea from one port to another; The Carriage of Goods

The impact of climate changes in the near future Essay

The impact of climate changes in the near future - Essay Example These policies include implementing and regulating the existing laws and coming up with new laws that preserve the environment for the future and will not cause further climate change (Moller, Fielder, Berthold, pp. 3, 2010). The temperature of the entire world has changed, and this has been attributed to greenhouse gas emissions, particularly the fossil fuel burning, which has led to an increase in global warming (Kernan, pp. vii, 2010). This global warming leads to a dramatic temperature change, which is forecast to change more so in the future. Numerous studies and researches have concluded that some areas will witness an increase in temperature, while others may experience a drop in temperature. The changes in precipitation rate will great impacts, which will harm the temperature in many regions even more so. Climate change brings dangerous consequences with it. There are numerous impacts on agriculture, forestry, fishers, and other environmental factor (Moller, Fielder, & Bertho ld, pp.3, 2010). An even more pressing concern is the impact on the ecological systems because of further climate changes. The paper attempts to explain the various impacts of climate change. However, first it describes the causes of this climate change briefly. A sharp focus is also important; therefore, analysis of a particular region will further enhance the extreme problem of climate change. Centuries had passed since the formation of the world when the globe did not witness any climate change. However, this was to change when humans discovered fossil fuels. The population on the world multiplied drastically. Industrial Revolution spurred off economic development, but with the opportunity cost of environmental damage. The environmental damage has resulted in the extreme climate change. The greenhouse effect is perhaps the largest factor in this climate change. In the words of Timoth Wirth, former US senator and Undersecretary of State for the Global Affairs, â€Å"The greenhous e effect is the most significant economic, political, environmental, and human problem facing the 21st century† (Hardy, 222, 2003). Other reasons also form part of this global climate change. However, the paper is more concerned with describing the details of the impact of climate change on nearly facet of life in the planet, Earth (Hardy, pp. ix, 2003). The Intergovernmental Panel on Climate Change has shed light on the reality of global warming. The Fourth Report summarized a finding, which stated that the mean temperature has shown an increase of 1 degree centigrade, in the northern part of the world. There have been large changes in the distribution of rainfall, resulting in more rain in winters and less in the summers. Melting of glaciers has induced the seal level to rise by almost 20 cm, which can have devastating impacts. Natural disasters such as droughts, floods, and cyclones have gotten increasingly common, because of rapid climate change. The above-mentioned impact s are mainly the most common ones; however, these are not the only ones (Kernan, pp. 1, 2010). In the recent decades, all sorts of doubts regarding the effect of greenhouse emissions on global climate have fallen off. Although the climate of the world has changed in six periods since the evolution of Earth, the climate change the world undergoes currently is widely â€Å"unnatural†, and backed largely because of human activities. Glacier melting in the Northern Alps,

Duty of the Court and its Interpretation of Legislature Essay

Duty of the Court and its Interpretation of Legislature - Essay Example Consequently, the unnecessary strain that is being imposed on judicial system is making judiciary to do the work of the legislature. Ernest Bruncken quotes Vandereycken about the three stages in the development of judicial interpretation as the literal state, logical stage and the positive stage. The interpretation of significance finds in logical and positive stages as logical stage considers the will of lawgiver and respect for it. Whereas, the positive stage the law can be seen as the product of economic and social forces working through law giver and finding expression accordingly. Hence, in this case the question about the power and duty of the court to travel outside the law on a voyage and discovery comes to the fore. The metaphor in the above sentence deals with the nature of interpretation that deviates from the original meaning and logic of the law considered. Hence, in the context of court interpreting the law in positive stage, the exigencies of social life will be the so le consideration of the court (Ernest Bruncken, 2009). Hart's theory and concept made greater impact on contemporary positivism as he applied the radical insights of the new linguistic philosophy. According to Tebbit Mark (2000), he explained the central problems of jurisprudence with sound theoretical footing and tried to do simplify the complexity of law. As Hart acknowledged the value of Bentham and Austin's efforts of clarification and tried to expose the weaknesses of classical common law, he tried to establish the power of Courts to go beyond the intentional meaning of the law to interpret according to the social situations. As he expressed reservations about some areas of law as serious obstacles in the path of genuine understanding, he viewed the interpretation of courts about the law as the articulation of pre-existing good. Hart disagreed with Hobbes and Austin about the positive form of command theory and supported the revealing of true explanatory strength. The reason for rejection of command theory by Hart is that it did no t reflect the reality of any possible or actual legal system and its explanatory power was limited thus confining the courts to certain points while interpreting the law. In that manner he supported the power and duty of court to interpret the law according to social situations. While stating his concept Hart constructs two effective arguments. First about the essence of law that purports to explain and thus stated that the rules cannot be orders or commands. As he felt that the rules are the ones, which facilitate social transactions, the interpretation of courts plays an important role in applying the law to various social situations thus giving the power to court to go beyond the concept of the rule in law. The second argument is about the distinction between types of legal rules that talks about analysis of social practices. As he pointed out that concept of an accepted rule is missing in Austin's analysis, Hart supported the sophisticated understanding of the social practice fo llowing a rule (Tebbit, Mark (Author), 2000). The important aspect in Hart's argument is that the rules in the law are open textured. Hence, Judges have to fill the gaps by their discretion. Hence, he

The Jurisdiction and National Security Policy Assignment

The Jurisdiction and National Security Policy - Assignment Example With limited types of cases that it can hear, The Federal Court hears cases that involve the United States as a party. The jurisdiction of the Federal Court System also includes cases that violate the U.S Constitution or general federal laws. Some of these laws are on copyright, patent, bankruptcy and maritime law cases. Another area of difference with the jurisdiction of State of California and the Federal Court System is that whereas the State of California Court System is not mandated to hear cases in which one or both parties live outside California, the Federal Court System is allowed to hear cases between citizens of different States, especially with the amount in contention exceeds $75,000. Finally, there are instances where both the State and Federal Courts have jurisdiction. It is the case, the parties involved choosing which of the two courts they would want to use. 2. Explain what national security policy is and identify the key policy-making actors in U.S foreign policy T he National Security Policy is a guiding principle of strategic national security plan prepared on a periodic basis by the executive arm of the United States Government. The policy is made up of major national security issues and ways by which the Administration plans to handle them. Though prepared by the Executive Arm of government, the National Security Policy is prepared for Congress.

Migration Essay Example | Topics and Well Written Essays - 750 words

Migration - Essay Example gree, the following analysis will engage the reader with a discussion of how the 19th century came to serve as the first representation of change that human migration had experienced in many hundreds of years. Further, as this topic is explored and related to source documentation that has been reviewed during the course of this semester, it is the further hope of this student that the reader will come to a more informed realization for how the changes that took place during the 19th century, with respect to migration and the impact that this continues to have with respect to the way in which the current world is defined and exhibited. Migration was also fundamentally impacted by the availability of resources that came to be present within places such as the United States, Canada, and South America. As markets began to open and the rate of international trade developed, the availability of individuals to move from one part of the globe to another was maximized alongside this dynamic. As such, recognizing that they might be able to drastically improve their lives by relocating to one of the previously mentioned areas of the globe, tens of thousands of people took it upon themselves to sell their possessions and travel the glove looking for better opportunities (Henderson, 2013). Further, the emancipation of the serfs within Russia and the relaxed political climates elsewhere encouraged something of a new dynamic with respect to the way in which people understood their own opportunities, the importance of native geography, and the potential for gain that movement could afford to them (Gevorkyan, 2013). As the lectur es noted, the broad majority of all of this migration took place between the Old World and the New. As such, 65% of all migration during the 19th century could be accounted for just within the United States and Canada. Benefitting wildly from this influx of labor and expertise, these economies grew by exponentially and allowed for the industrial

Syscos BI Implementation Issues Case Study Example | Topics and Well Written Essays - 1250 words

Syscos BI Implementation Issues - Case Study Example The author of the paper states that Sysco is a highly decentralized business with more than 100 independently operating companies (McAfee and Wagonfeld, 2). As a result, each company enjoyed a considerable level of autonomy. In addition, each operating company used to prepare its own profit and loss statements. However, there are more issues that make the implementation of the program difficult. Firstly, the cost of implementation of the BI system is to be shared by independent companies. However, most of these companies have their own such systems already in force. Thus, forcing these companies to pay for the new system is a difficult task. Still, it becomes necessary to change the system as most companies have software and hardware which are totally different from each other. Even the companies with the same core application have it configured differently (McAfee and Wagonfeld, 2). Thus, the information loaded by different companies is totally different from each other. For example , if two companies deal with the same customer, the customer information they collect will entirely be different. So, it becomes a difficult task for Sysco to analyze as to what meaningful data can be extracted from the central data warehouse they create. In other words, data integration is going to be a headache for the company. Yet another serious issue lies with training employees to use the program effectively. In addition, it is yet to ascertain as to what extent the data produced by the BI will be suitable for the company’s operation (McAfee and Wagonfeld, 10). In addition, the company would take a long time to get used to the software and hence the huge amount spent up-front will not be returned in short term. 2. The decision to answer two questions initially Initially, Sysco decided to have the software answering two questions. Both the questions were exactly futuristic in nature unlike the kind of information that would only reveal the past performance. The first que stion considered was as what new products could be sold to each customer. It is possible for the BI to analyze the purchasing pattern of each customer and predict what products best suit each customer (McAfee and Wagonfeld, 8). The second question considered the list of customers who were likely to leave the company (9); a question that certainly has futuristic value in the performance of a company. The answers to these questions could be used by both the independent companies and the headquarters alike for analysis and further development. In addition, the main objective of Sysco was to pay close attention to its customers, (9) and for that purpose, the answers to these questions were satisfactorily sufficient. In addition, Sysco did not want to use the software for more purposes in the beginning because they wanted to give the employees enough time to get used to the software and to understand its effectiveness. Business Objects supported the adoption of these two questions becaus e the questions were the most effective ones to show the practical usefulness of the BI software. Moreover, the information available from these questions were readily useful for the top management at the headquarters and the independent companies and well within the purview of the customer intelligence analytic applications they developed (McAfee and Wagonfeld, 9). As far as tradeoffs are concerned, they are plenty in number.  

Demand and suppy Essay Example | Topics and Well Written Essays - 1000 words

Demand and suppy - Essay Example With regard to the case assignment reading i.e. "What is Driving Oil Prices?" by Richard G. Anderson and Jason J. Buol, it is observed that in the period of August 2004, according to the observation of the International Energy Agency, global oil demand had been rising faster in comparison with any other phase in the previous 16 years. A key reason behind such hike in demand is the quick economic expansion of a number of nations in particular China. Moreover, China had accounted for around 40% of the demand growth regarding global oil production in the period of early 2000s and this demand had been expected to augment rapidly. With regard to supply, it can be said that issues such as political conflicts in nations like Iraq and Venezuela have had a major effect on the fluctuation of oil prices. Contextually, as per the assessment made, it is determined that factors such as enhanced speculation can be a major aspect in affecting oil prices (Anderson and Buol, "What is Driving Oil Price s?"). Both the demand & supply of oil are comparatively inflexible in the short run period. Changes in price have modest impact on either the ‘quantity supplied’ or the ‘quantity demanded’. ... Meanwhile as the quantities demanded as well as supplied change very less as the prices rise & fall, both the curves are reasonably vertical as shown below: Figure 1: Elasticity and Prices Source: (Stonebraker, â€Å"Demand and Supply Applied: Oil Prices†) Due to the reason that quantities are reasonably fixed in the short run period, any alteration in supply or demand will bring about considerable extent of changes in price. For example, if it is assumed that supply has fallen, the reduced supply generates a short-term shortage that will begin to boost price. If demand is elastic, only a small hike in price will be needed to get consumers to cut their purchases to as much as necessary in order to meet the new lowered output. Nonetheless, in the oil industry if demand is inelastic, it will assume a much greater price escalation to create the required reduction in quantity necessitated (Stonebraker, â€Å"Demand and Supply Applied: Oil Prices†). 2a. EXPLAIN WHAT HAPPENS TO QUANTITY OF OIL DEMANDED WHEN THE PRICE OF OIL DECREASES, ASSUMING THAT THE SUPPLY DOESN’T CHANGE. Quantity demanded generally refers to a definite amount that will be demanded each unit of related time at a specific price, if other aspects remain fixed. Market equilibrium is a condition where demand and supply for a certain product matches. The price and quantity only remains fixed at the point of interaction of the demand and supply curve. In accordance with the question, it can be stated that if the price of oil falls then the quantity of oil demanded will definitely surge as oil is a price sensitive product and its demand stands always higher. In terms of movement of curve, it can be said that the curve will shift to the right. The effect of the above