Wednesday, August 12, 2020
Spring Break and Study of Cities Abroad
Spring Break and Study of Cities Abroad As an Urban Studies and Planning major, you can fulfill some of your graduation requirements by spending time abroad. One such class is 11.027, City to City. This course includes departmental funding (!) for travel to and from a foreign city over spring break, when students meet with city planners and conduct research on the topics of their choice. These topics are compared and contrasted with characteristics of a U.S. city, highlighting differences in city design and planning between the two locales. While in Scandinavia last spring break, a few of us met up with the 11.027 class in Copenhagen. Ian 06, Andrew 07 and Ruth 07 MCP 08 are shown above sorting out some payment for a meal we shared. Denmark doesnt use the Euro. This spring, the class is heading to Amsterdam, and I think Ill register. Its a CI-M class, so it fulfills part of the Communication Requirement of the GIRs. Students also can join the International Honors Program for a semester of study in the Cities in the 21st Century curriculum. The itinerary includes time spent in four cities, including three in other countries, and credit is awarded upon return to MIT. As I recall, credit for four classes is given, with two classes counting toward ones planned electives in the major. Sounds like a pretty good deal for those interested. :-) MIT values an international education, and through the MISTI site and some of my previous blog entries, you can get an idea of some of the opportunities available to the student body as a whole. But now Ive gotta go pack Im off to Cologne and the Rhine Valley for the long weekend with Dheera 06 MEng 07. Shrewd flight planning pays off were going for (literally) a fraction of the usual cost. Have a very happy Thanksgiving and Ill write again next week after a couple midterms are taken care of. ;-)
Saturday, May 23, 2020
Tuesday, May 12, 2020
Valilas v Januzaj - Free Essay Example
Sample details Pages: 8 Words: 2268 Downloads: 4 Date added: 2017/06/26 Category Law Essay Type Narrative essay Did you like this example? Assessment CLRI CASE NOTE Valilas v Januzaj [2014] EWCA Civ 436 Lady Justice Arden Lord Justice Underhill Lord Justice Floyd In the Court of Appeal (Civil Division) On the Appeal from Worcester County Court His Honour Judge Hooper QC IUC69309 Between: IOANNIS VALILAS VALDET JANUZAJ SRN=140326561 Introduction Ioannis Valilas v Valdet Januzaj[1] dealt with the issues regarding repudiation of a contract. The core as well as the legal issue was that whether a party has the right to terminate the contract if the other party breaches an innominate term or, as in this case, fails to make monthly payments on time. The judges highlighted the probable threats for the terminating parties in case of no express provisions in the contract and also displayed the analysis required in establishing what goes to the à ¢Ã¢â ¬ÃÅ"root of the contractà ¢Ã¢â ¬Ã¢â ¢ and how and when the damages caused deprive the party of substantia lly the whole benefit. Donââ¬â¢t waste time! Our writers will create an original "Valilas v Januzaj" essay for you Create order Facts and Claims The claimant, Ioannis Valilas, a dentist, entered into a contract with the defendant, Valdet Januzaj, the principal of practice at Droitwich Spa (DSDP), which entitled him to use DSDP premises, equipment and the services of the practice staff and, in return, he was bound to pay 50% of his monthly receipts. It is worth mentioning that this agreement is not of an employer-employee nature and neither are the parties involved partners with each other[2]. A major portion of claimantà ¢Ã¢â ¬Ã¢â ¢s income came from his contract with the Primary Care Trust (PCT). Under this contract, he was obligated to carry out a specified amount of à ¢Ã¢â ¬ÃÅ"units of dental activityà ¢Ã¢â ¬Ã¢â ¢ (UDA) per year for a fixed price per unit. In return, he was paid advance monthly instalments of Ãâà £16,260 and was obliged to refund the overpayment in case he failed to carry out the total number of UDA required. This also gave him the right to get refund from the defen dant as he then wouldà ¢Ã¢â ¬Ã¢â ¢ve paid 50% of money other than his income. Their relationship started deteriorating which can be seen by defendantà ¢Ã¢â ¬Ã¢â ¢s letter on the 15th of June, demanding the claimant to sign an associate agreement and the claimantà ¢Ã¢â ¬Ã¢â ¢s subsequent refusal. After quite a bit of discussion, via several letters and a couple of meetings, the defendant and claimant reached an impasse following which the defendant terminated the contract in November after three months of non-payment. The claimant sued the defendant in Central London County Court for damages for breach of the contract. The defendant lodged a counter-claim for outstanding monthly payments which amounted to Ãâà £17661.97 but the court held the decision in favour of the claimant and hence the consequent appeal by the defendant in the Court of Appeal.[3] Legal Reasoning The court of appealed held, by a majority of two to one, that the requirement to pay on time was an à ¢Ã¢â ¬ÃÅ"innominateà ¢Ã¢â ¬Ã¢â ¢ term and unless agreed by the parties, time of payment, generally, is not of the essence in a commercial contract. Moreover, it was established that the payment wouldà ¢Ã¢â ¬Ã¢â ¢ve been made eventually and its delay didnà ¢Ã¢â ¬Ã¢â ¢t result in grave consequences for the defendant. Therefore, considering all of this, the termination was groundless. Innominate Term One of the noteworthy applications in this case was that of an innominate term. This is the third type of contractual term, the former two being condition and warranty. This principle was instituted by the English law in the case of Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962][4] where Lord Diplock differentiated between the three contractual terms. An innominate term differs from a condition because the breach of an innominate term doesnà ¢Ã¢â ¬Ã¢â ¢t give rise to the right of termination to the aggrieved party. It also differs fr om a warranty because, in the event of a breach, the innocent party is not just limited to the remedy in damages.[5] Although Lord Justice Underhill was the dissenting judge but he too agreed upon the consideration that the claimantà ¢Ã¢â ¬Ã¢â ¢s obligation to pay was not a strict condition of the contract but an innominate term. Repudiation of a Contract The law on repudiation of a contract is well established in English law but this case was surrounded by an aura of uncertainty concerning repudiation as it was difficult to conclude whether or not a delay in payment amounted to a breach of contract specially because there was no clear refusal by the claimant to pay the amounts outstanding. However eventually it was established, by a majority of judges, that the time of payment is generally not the heart of a commercial contract unless the parties have agreed that it should be which, in this case, they havenà ¢Ã¢â ¬Ã¢â ¢t.[6] For a precise performance to be a conditi on of the contract it should be expressly written in the contract[7]. Additionally, the application of the test given by Lord Wilberforce in Federal Commerce Navigation Co Ltd v Molena Alpha Inc. (The Nanfri[8]) laid particular emphasis on the fact that a breach must go to the à ¢Ã¢â ¬ÃÅ"root of the contractà ¢Ã¢â ¬Ã¢â ¢ a principle which is defined in the Australian case Koompahtoo Local Aboriginal Land Council v Sanpine Pty Ltd[2007][9]. Lady Arden and Lord Floydà ¢Ã¢â ¬Ã¢â ¢s Premise Arden and Floyd L.J.J were of the view that the defendant was well aware that claimantà ¢Ã¢â ¬Ã¢â ¢s actions will eventually lead to delayedpayment and was not a denial to make payment, a finding which Arden LJ termed as à ¢Ã¢â ¬Ã
âthe likelihood findingà ¢Ã¢â ¬Ã . The only loss to the defendant was the use of the money, which could be compensated in interest. They also believed that non-payment by the claimant didnà ¢Ã¢â ¬Ã¢â ¢t deprive the defendant of à ¢Ã ¢â ¬ÃÅ"substantially the whole benefità ¢Ã¢â ¬Ã¢â ¢[10]and the defendant himself failed to establish that there are serious consequences for him of this breach. Arden LJ made sure that this principle is not misconstrued by stating for it to be à ¢Ã¢â ¬ÃÅ"fact-sensitiveà ¢Ã¢â ¬Ã¢â ¢ rather than prone to discretion. Both of the judges laid stress on the judgement established in Decro-Wall International SA v Practitioners in Marketing Ltd[11]. It was held that delay in payment did not justify the termination of contract as the loss was not substantial and could have been recovered as damages and specially because it was apparent that payment would ultimately be made. The judges also alluded to the fact that Withers v Reynolds[12] was wrongly applied by Lord Justice Underhill as the facts of that case were different from the case at hand and Salmon and Buckley L.J.J were of the same opinion in Decro-Wall International SA[13]. Floyd LJ also distinguished the present case from Alan Auld Associates Ltd v Rick Pollard Associates[14] (an authority quoted by Underhill LJ) by referring to the fact that the contract with the claimant was the only source of income for Dr. Pollard (the defendant in that case) and thus the termination because of delay in payment was justified but in the present case, monthly payments by the claimant are not the only source of income for the defendant. He also added that Alan Auld is an employment case and though the analogy is indeed close but even in employment cases there are instances where late payment has been held not to be repudiatory, by citing a passage from Cantor Fitzgerald v Callaghan others[15]. Moreover, Floyd LJ held that although a difference between the agreed upon obligations and the obligations performed by a party may amount to repudiation[16], it should be assessed whether this irregularity goes to the à ¢Ã¢â ¬ÃÅ"root of the contractà ¢Ã¢â ¬Ã¢â ¢ or not. This gives immense comfort to the innoce nt party. The Disent: Lord Underhill Underhill LJ disagreed with the majority, holding that the claimantà ¢Ã¢â ¬Ã¢â ¢s actions were repudiatory. In his view it was of particular significance that the claimant had deliberately chosen to depart from the agreed payment terms rather than payment being delayed as a result of a mistake or financial issues which left the defendant to continue bearing the costs of running the Practice in the meantime which are not at all à ¢Ã¢â ¬ÃÅ"trivialà ¢Ã¢â ¬Ã¢â ¢ amounts. Underhill LJ also warned against a possible misbelief, coming from the decision in Decro-Wall International SA v Practitioners in Marketing Ltd[17], that late payment could never be repudiatory if eventual payment was assured by stating that the facts of that case and the case at hand are à ¢Ã¢â ¬ÃÅ"very differentà ¢Ã¢â ¬Ã¢â ¢. He believed that although defendantà ¢Ã¢â ¬Ã¢â ¢s letter of 15th June 2010 was not a notice of termination, it was neverthel ess à ¢Ã¢â ¬ÃÅ"significantà ¢Ã¢â ¬Ã¢â ¢ as it brought about the risk of the contract being terminated. Moreover, it was mutually agreed that the claimantà ¢Ã¢â ¬Ã¢â ¢s failure to make monthly payments was a breach of the contract however Underhill LJ maintained, by relying upon Rice v Great Yarmouth Borough Council[18], that claimantà ¢Ã¢â ¬Ã¢â ¢s failure to make three monthly payments prior to termination resulted in à ¢Ã¢â ¬ÃÅ"cumulative effectà ¢Ã¢â ¬Ã¢â ¢ and hence was a repudiatory breach and his proposed set-up in the letter dated 12 October 2010 was clearly, as Underhill LJ terms, à ¢Ã¢â ¬Ã
âa complete departure from the contractual arrangementà ¢Ã¢â ¬Ã . He strongly condemned claimantà ¢Ã¢â ¬Ã¢â ¢s justification that he delayed the payment because of the fear of future refusal of reimbursement by the defendant if the former fails to complete the UDAs and therefore has to refund the overpayment to PCT. He stressed that such considera tions should not be allowed to modify the otherwise well-understood rules about what constitutes repudiation as it would enable the parties to lawfully take law in their own hands when there are always other options available such as taking the party to court or signing a counter agreement pertaining to oneà ¢Ã¢â ¬Ã¢â ¢s own convenience. It is quite clear that Underhill LJ gave emphasis to claimantà ¢Ã¢â ¬Ã¢â ¢s refusal to continue with the original arrangement than to the fact that the defendant would eventually be paid. In addition, he deduced, by referring to The Nanfri[19], that Lord Diplockà ¢Ã¢â ¬Ã¢â ¢s reference/test of a breach depriving a party of à ¢Ã¢â ¬ÃÅ"substantially the whole benefità ¢Ã¢â ¬Ã¢â ¢ in Hong Kong Fir[20] is not a principle that can be applied in every case. Conclusion The Court of Appeal (CA) unfurled many factors that can be relevant in deciding whether such a breach is repudiatory or not. These factors include the type of contract, type of relationship and type of term involved. Apart from this, determining the consequences of the breach was also held to be of particular importance. There were certain unclear issues within the law on repudiation for instance, the issue at hand, termination because of delayed payment in an oral contract. Therefore, it can be rightfully concluded that this case further perfected the Law on repudiation and warned that parties should be careful before terminating the contract if there is a delay in payment and should instead give the other party an ultimatum which makes time of the essence an express term of the contract. Nevertheless, there still is a certain level of doubtfulness surrounding these issues and this can be seen from Lady Justice Ardenà ¢Ã¢â ¬Ã¢â ¢s statement in her judgement[21] in which she admits that no one rule can be used in such cases and from the fact that this case was appealed in the Supreme Court[22]. Moreover, although the formulation of the concept of innominate term gives a lot of remedial flexibility to the judges, it is still a cause of trouble for the parties involved as they can never know when they have the right to terminate the contract. Additionally, the word à ¢Ã¢â ¬ÃÅ"substantialà ¢Ã¢â ¬Ã¢â ¢ is open to interpretation and every individual would see it differently. The damages incurred by the defendant might not be à ¢Ã¢â ¬ÃÅ"substantialà ¢Ã¢â ¬Ã¢â ¢ for the majority of the judges but it might be more than that for the defendant himself, thus the judgement would be unfair for him. Another point that makes the decision doubtful is the fact that the CA was split on whether the breach was repudiatory or not. BIBLIOGRAPHY Primary Sources Case Law Hongkong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd[1962] 2 QB 26 Decro-Wall International SA v Practitioners in Marketing Ltd [1971] 1 WLR 361 Federal Commerce Navigation Co Ltd v Molena Alpha Inc. (The Nanfri)[1979] AC 757 Koompahtoo Local Aboriginal Land Council v Sanpine Pty Ltd[2007] HCA 61 (2007) 82 AJLR 345 Withers v Reynolds(1831) 2 B Ad 882 Ross T. Smyth Co. v Bailey, Son Co[1940] 3 All E.R. 60(p.72) Rice v Great Yarmouth Borough Council[2001] LGLR 41 Alan Auld AssociatesLtdv Rick Pollard Associates[2008]EWCA Civ 655; [2008] BLR 419 Cantor Fitzgerald v Callaghan others [1999] 2 All ER 411 Secondary Sources Books Contract Law by Ewan McKendrick Article by Fenwick Elliott Grace October 2010 [1] Valilas v Januzaj [2014] EWCA Civ 436 [2] Ibid(1) [3] Ibid(1) [4] Hongkong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd[1962] 2 QB 26 [5] Contract Law by Ewan McKendrick, 181 [6] Ibid(4) [7] Fenwick Elliott Grace October 2010 (Article) [8] Federal Commerce Navigation Co Ltd v Molena Alpha Inc. (The Nanfri)[1979] AC 757 [9] à ¢Ã¢â ¬Ã
âà ¢Ã¢â ¬Ã ¦ a conclusory description that takes account of the nature of the contract and the relationship it creates, the nature of the term, the kind and degree of the breach, and the consequences of the breach for the other party.à ¢Ã¢â ¬Ã Koompahtoo Local Aboriginal Land Council v Sanpine Pty Ltd[2007] HCA 61 (2007) 82 AJLR 345 [10] The test introduced by Lord Diplockà ¢Ã¢â ¬Ã¢â ¢s in Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] [11] Decro-Wall International SA v Practitioners in Marketing Ltd [1971] 1 WLR 361 [12] Withers v Reynolds(1831) 2 B Ad 882 [13] Ibid(1 1) [14] Alan Auld AssociatesLtdv Rick Pollard Associates[2008]EWCA Civ 655; [2008] BLR 419 [15] Cantor FitzgeraldInternationalv Callaghan[1999]2 All ER 411 [16] Ross T. Smyth Co. v Bailey, Son Co[1940] 3 All E.R. 60(p.72) [17] Ibid(11) [18] Rice v Great Yarmouth Borough Council[2001] LGLR 41 [19] Ibid(8) [20] Ibid(4) [21] à ¢Ã¢â ¬Ã
âà ¢Ã¢â ¬Ã ¦.I do not consider that any satisfactory fixed rule could be formulated in this fieldà ¢Ã¢â ¬Ã Lady Justice Arden (Valilas v Januzaj [2014] EWCA Civ 436) [22] Oà ¢Ã¢â ¬Ã¢â ¢Reilly Stewart Solicitorsà ¢Ã¢â ¬Ã¢â ¢s Webpage à ¢Ã¢â ¬Ã¢â¬Å" (www.oreillystewart.com/access-our-knowledge/commercial-contract/when-repudiatory-breach-not-breach)
Wednesday, May 6, 2020
Security Council Free Essays
Security Council The United Nations Security Council (UNSC) is the organ of the United Nations charged with maintaining peace and security among nations. While other organs of the United Nations only make recommendations to member governments, the Security Council has the power to make decisions which member governments must carry out under the United Nations Charter. The decisions of the Council are known as United Nations Security Council Resolutions. We will write a custom essay sample on Security Council or any similar topic only for you Order Now The Security Council is made up of 15 member states, consisting of five permanent seats and ten temporary seats. The permanent five are China, France, Russia, the United Kingdom and the United States. These members hold veto power over substantive but not procedural resolutions allowing a permanent member to block adoption but not debate of a resolution unacceptable to it. The ten temporary seats are held for two-year terms with member states voted in by the UN General Assembly on a regional basis. The Presidency of the Security Council is rotated alphabetically each month. Members. Security Council members must always be present at UN headquarters in New York so that the Security Council can meet at any time. This requirement of the United Nations Charter was adopted to address a weakness of the League of Nations since that organization was often unable to respond quickly to crises. The role of president of the Security Council involves setting the agenda, presiding at its meetings and overseeing any crisis. It rotates in alphabetical order of the membersââ¬â¢ names in English. There are two categories of membership in the UN Security Council: Permanent Members and Elected Members. Permanent members The Council seated five permanent members who were originally drawn from the victorious powers after World War II: 1. The Republic of China 2. The French Republic 3. The Union of Soviet Socialist Republics 4. The United Kingdom of Great Britain and Northern Irelandà 5. The United States of America The five permanent members of the Security Council are the only nations recognized as possessing nuclear weapons under the Nuclear Non-Proliferation Treaty, although it lacks universal validity, as some nuclear nations have not signed the treaty. This nuclear status is not the result of their Security Council membership, though it is sometimes used as a modern-day justification for their continued presence on the body. India, Pakistan, North Korea, and Israel possess nuclear weapons outside of the anti-proliferation framework established by the Treaty. In 2004, four of the five permanent members were also the worldââ¬â¢s top four weapons exporters when measured by arms value; China was seventh. Each permanent member state has veto powers, which can be used to void any substantive resolution. A single veto from a permanent member outweighs any majority. This is not technically a veto, rather just a ââ¬Å"nayâ⬠vote; however a ââ¬Å"nayâ⬠vote from a permanent member blocks the passage of the resolution in question. Elected members Ten other members are elected by the General Assembly for two-year terms starting on 1 January, with five replaced each year. The members are chosen by regional groups and confirmed by the United Nations General Assembly. The African bloc chooses three members; the Latin America and the Caribbean, Asian, and Western European and Others blocs choose two members each; and the Eastern European bloc chooses one member. Also, one of these members is an Arab country, alternately from the Asian or African bloc. The current (2007) elected members, with the regions they were elected to represent and their Permanent Representatives are: 1. Belgium (Western Europe): Amb. Johan C. Verbeke 2. Republic of the Congo (Africa): Amb. Basile Ikouebe 3. Ghana (Africa): Amb. Nana Effah-Apenteng 4. Indonesia (Asia): Amb. Rezlan Ishar Jenie 5. Italy (Western Europe); Amb. Marcello Spatafora 6. Panama (Latin America and Caribbean): Amb. Ricardo Alberto Ariasà 7. Peru (Latin America and Caribbean) ââ¬â Amb. Oswaldo de Riveroà 8. Qatar (Asia, Arab): Amb. Nassir Abdulaziz Al-Nasser 9. Slovakia (Eastern Europe): Amb. Peter Burian 10. South Africa (Africa): Amb. Dumisani Kumalo Veto power Under article 27 of the UN Charter decisions in the 15-member Security Council on all substantive mattersââ¬âfor example, a decision calling for direct measures related to the settlement of a disputeââ¬â require the affirmative votes of nine members. A negative voteââ¬âa vetoââ¬âby a permanent member prevents adoption of a proposal, even if it has received the required number of affirmative votes. Abstention is not regarded as a veto despite the wording of the Charter. Since the Security Councilââ¬â¢s inception, China (ROC/PRC) has used five vetoes; France, 18; Russia/USSR, 122; the United Kingdom, 32; and the United States, 81. The majority of Russian/Soviet vetoes were in the first ten years of the Councilââ¬â¢s existence. Since 1984, the numbers have been: China, two; France, three; Russia/USSR, four; the United Kingdom, 10; and the United States, 43. Procedural matters are not subject to a Security Council veto. This provision is important because it prevents the veto from being used to avoid discussion of an issue. Status of non-members A state that is a member of the UN, but not of the Security Council, may participate in Security Council discussions in matters that the Council agrees that the countryââ¬â¢s interests are particularly affected. In recent years, the Council has interpreted this loosely, enabling many countries to take part in its discussions or not depending on how they interpret the validity of the countryââ¬â¢s interest. Non-members are routinely invited to take part when they are parties to disputes being considered by the Council. Role of the Security Council Under Chapter Six of the Charter, ââ¬Å"Pacific Settlement of Disputesâ⬠, the Security Council ââ¬Å"may investigate any dispute, or any situation which might lead to international friction or give rise to a disputeâ⬠. The Council may ââ¬Å"recommend appropriate procedures or methods of adjustmentâ⬠if it determines that the situation might endanger international peace and security. These recommendations are not binding on UN members. Under Chapter Seven, the Council has broader power to decide what measures are to be taken in situations involving ââ¬Å"threats to the peace, breaches of the peace, or acts of aggressionâ⬠. In such situations, the Council is not limited to recommendations but may take action, including the use of armed force ââ¬Å"to maintain or restore international peace and securityâ⬠. This was the basis for UN armed action in Korea in 1950 during the Korean War and the use of coalition forces in Iraq and Kuwait in 1991. Decisions taken under Chapter Seven, such as economic sanctions, are binding on UN members. The UNââ¬â¢s role in international collective security is defined by the UN Charter, which gives the Security Council the power to: * Investigate any situation threatening international peace; * Recommend procedures for peaceful resolution of a dispute; * Call upon other member nations to completely or partially interrupt economic relations as well as sea, air, postal, and radio communications, or to sever diplomatic relations; and * Enforce its decisions militarily, if necessary. The United Nations has helped prevent many outbreaks of international violence from growing into wider conflicts. It has opened the way to negotiated settlements through its service as a center of debate and negotiation, as well as through UN-sponsored fact-finding missions, mediators, and truce observers. UN Peacekeeping forces, comprised of troops and equipment supplied by member nations, have usually been able to limit or prevent conflict, although sometimes not. Some conflicts, however, have proven to be beyond the capacity of the UN to influence. Key to the success of UN peacekeeping efforts is the willingness of the parties to a conflict to come to terms peacefully through a viable political process. How to cite Security Council, Papers
Sunday, May 3, 2020
In Retrospect Essay Example For Students
In Retrospect Essay Robert McNamaraIn RetrospectRandom House New York, 1995Vietnam had long since been a place of controversy, and where our government focusedits fear of communism for many years. Throughout the Kennedy and Johnson administrationsthe government maintained that the war between the Communist north and the south can only bewon by the South Vietnamese, and that our military cannot win it for them. It stressed that thefall of South Vietnam to communism would threaten the rest of the western world. Robert McNamara, the Secretary of Defense during the Kennedy and Johnsonadministrations, wrote In Retrospect because he wanted to Put Vietnam in context,(xx). McNamara wanted to explain why the mistakes of Vietnam were made, not to justify them, butto help the American public understand them. He relies not only upon his memories, but uponPeople have often called Vietnam, McNamaras war, because he made it hisresponsibility. As he learned more and more about south Vietnam, he became well acquaintedwith its leader Ngo Dinh Diem. Diem portrayed himself as a man who shared our westernvalues. Though as our government would soon realize he was not the man we had hoped for. Diem needed to be removed from power, he was becoming more and more unpopular with hispeople. The Kennedy Administration seemed split on how democratic Diem really was. Hisconflicts between the Buddhists and Catholics were becoming more outrageous than ever. Theadministration supported a generals coup to get Diem out of p ower. Diem and his brother Nhuwere both assassinated during this coup. On November 22, 1963, Kennedy, himself, was also assassinated on the streets of Dallas. McNamara poses many questions as to whether the war would have continued on the same routehad Kennedy not been killed. McNamara feels that had Kennedy lived he would have pulled usout of Vietnam. His reasoning was that Kennedy had told his cabinet We are not going tobungle into war. Kennedy was ready to start pulling our troops out because it was obvious thatLyndon B. Johnson now becomes president. Many debates are being held on what to doin Vietnam. After Diems death, the Johnson Administration faced political problems in Saigon. The demands for U.S. military actions were growing. On August 2, 1964, North Vietnam launched an attack against an American ship in theGulf of Tonkin. A second attack was supposed to have taken place on August fourth, butMcNamara has now concluded that the second attack never happened. Using the Gulf of Tonkinevent to his advantage Johnson went to congress. The Gulf of Tonkin resolution gave thepresident the broad war powers. Meanwhile this resolution had been based on an attack thatmight well have never taken place. McNamara discusses whether the Gulf of Tonkin resolutiongave too much unlimited power to the president. He does not feel that the Congress understoodwhat was happening in Vietnam nor how the Johnson administration would respond to it. Though he never answers his own question as to whether the administration was given too muchleniency when it came to its actions in Vietnam, it seems as if the Congress was misled on all the facts pertaining to the Gulf of Tonkin. After the Gulf of Tonkin U.S. military troops were increased in Vietnam from 23,000 to175,000. McNamara in hindsight looks back and wonders, why? Why did they escalate and notwithdraw? South Vietnam seemed like a lost cause. Their leaders were fighting amongthemselves and yet we continued to fight on their b ehalf. He believes that we could havewithdrawn without any negative affects on our country. Was there another way to stop theseinjustices, McNamara feels that all other resources were not exhausted before we ventured into awar that we had little hope of winning. Our government overestimated the fall of South Vietnam, would it really have threatenedthe rest of the western world, probably not. McNamara lists eleven reasons for the major causesof Vietnam. They include that the U.S. embellished the danger it would cause us had we notintervened, both the Kennedy and Johnson administrations lacked the knowledge of that specificarea, so there was no one to consult when major themes of this war needed to be debated. Itseems that whenever the Johnson Administration got the Tonkin Resolution passed they failed tothink of consequences before they reacted to a situation. McNamara is not only to blame for thiswar many mistakes were made, including the entire administration, generals, and Vietnam ese. The disagreements within the state department were also a fundamental cause of this armedconflict. McNamara makes it crystal-clear that many of the contentions were not fullyThe basic reasoning behind us being in Vietnam was to advise the South Vietnamese onhow to stop pressures from the north. McNamara reveals that failure to organize properly did infact cause many of the oversights made. There was no war cabinet to focus on strictly onOur Government must learn through these mistakes. It is obvious the mistakes that thestate department made during these fateful years. It may have been avoided had it not been for aseries of unknown disasters, such as the assassination of Kennedy, the overthrow andassassination of Diem, and the relatively unknown Gulf of Tonkin incidences. When McNamara left the state department he had realized that the U.S. could notachieve their objectives in Vietnam. In the last few months of his term he came to theconclusion that continuing on the present co urse would eventually prove fatal and cost many ofinnocent lives. Johnson did not agree so he purposely left McNamaras views out of discussionsregarding the next course of action. What they needed was a rapid end to this war, and he feltthat the bombing and the expansion of the ground war would not do the job. He proposed a listof alternatives such as stopping the bombing of the north to bring about negotiations, transferring the responsibility from our military to the South Vietnamese. Although he made his contentionswell-known to the president, the president was not ready to hear him. His last deed in regards toVietnam was to oppose General Westmorelands petition for 200,000 supplementary troops. McNamaras reasoning behind this book was to tell the American people what went onbehind the scenes during the Vietnam war. Many critics of the Vietnam war feel that it was theinexperience of the state department, though they were extremely intelligent, they were nottrained in the finer wo rkings of the military which caused the escalation. Their were many timeswhen we could have pulled out of Vietnam, but they thought that it would cause the UnitedStates to lose rank with the rest of the world. Both Administrations, I feel overstated the threatthat if South Vietnam fell to communism than the rest of the east would fall like a line ofdominoes. McNamara summed up alot of misconceptions of what really happened, he doesnttry and sugar coat he comes right out and says We were wrong, terribly wrong. The bookmakes a lot of valid points though it is hard to follow at times. In Retrospect has allowed me tobecome painfully aware of a war that I knew relatively little about. This book shows reasons asto why, right or wrong, we intervened in Vietnam, and why we should have withdrawn soonerBibliography: .udc2324836450af81853d08a01f274bba , .udc2324836450af81853d08a01f274bba .postImageUrl , .udc2324836450af81853d08a01f274bba .centered-text-area { min-height: 80px; position: relative; } .udc2324836450af81853d08a01f274bba , .udc2324836450af81853d08a01f274bba:hover , .udc2324836450af81853d08a01f274bba:visited , .udc2324836450af81853d08a01f274bba:active { border:0!important; } .udc2324836450af81853d08a01f274bba .clearfix:after { content: ""; display: table; clear: both; } .udc2324836450af81853d08a01f274bba { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .udc2324836450af81853d08a01f274bba:active , .udc2324836450af81853d08a01f274bba:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .udc2324836450af81853d08a01f274bba .centered-text-area { width: 100%; position: relative ; } .udc2324836450af81853d08a01f274bba .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .udc2324836450af81853d08a01f274bba .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .udc2324836450af81853d08a01f274bba .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .udc2324836450af81853d08a01f274bba:hover .ctaButton { background-color: #34495E!important; } .udc2324836450af81853d08a01f274bba .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .udc2324836450af81853d08a01f274bba .udc2324836450af81853d08a01f274bba-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .udc2324836450af81853d08a01f274bba:after { content: ""; display: block; clear: both; } READ: The Health and Mental Effects of Cannabis Essay
Wednesday, March 25, 2020
3 Questions About Hyphenation with Adverbs
3 Questions About Hyphenation with Adverbs 3 Questions About Hyphenation with Adverbs 3 Questions About Hyphenation with Adverbs By Mark Nichol Writers are often confused about whether a phrase beginning with an adverb should be hyphenated. The answers to the following three questions explain when hyphenation is required and when it is incorrect. 1. I read an article that included this sentence: ââ¬Å"Smith did his best during a nationally-broadcast speech this month to scare voters away from Jones.â⬠Is that hyphen correct? Adverbs ending in -ly are generally not hyphenated, because the suffix signals that the adverb modifies the word that follows it, not the noun that follows both words, so a hyphen is redundant. Many people, including your friend, confuse such adverbial phrases with adjectival phrases (or phrasal adjectives, as theyââ¬â¢re more commonly called), which do usually take hyphens. 2. True or false: If an adverb is a part of the phrasal adjective, it does not need a hyphen to connect it. For example, ââ¬Å"She was a highly motivated student.â⬠Assuming that is true, how would you approach the phrasal adjective in this sentence: ââ¬Å"Weââ¬â¢re having nowhere else conversations in this confidential community.â⬠Else is an adverb, but to modify conversations, does ââ¬Å"nowhere elseâ⬠need a hyphen? True and false: In discussions of adverbial phrases that modify a noun, the distinction described in the answer to the previous question and repeated here is sometimes ignored: Adverbs ending in -ly are never hyphenated in such phrases, because the suffix signals that the adverb modifies the next word, not the noun, so a hyphen is redundant. Adverbs with no such suffix, however, should be hyphenated, as in ââ¬Å"nowhere-else conversations.â⬠(However, I do not recommend that particular construction.) 3. A coworker who edited a report I wrote insists that the hyphen in the following sentence is required: ââ¬Å"Condemnation of her offensive response was near-universal.â⬠Is she right? Your colleague is under the near-universal misapprehension that when the adverb near precedes an adjective, the two words are always linked by a hyphen. However, this is true only when the words combine to modify a noun that follows, as in the phrase ââ¬Å"near-universal condemnation.â⬠(This is a case of hyphenation with an adverb that does not end with -ly, as discussed in the answer to the previous question.) This distinction is the same as for phrasal adjectives consisting of an adjective and a noun converted to an adjective, as in the difference between ââ¬Å"the highest-grossing filmâ⬠and ââ¬Å"the film that is highest grossing.â⬠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 Punctuation category, check our popular posts, or choose a related post below:20 Great Opening Lines to Inspire the Start of Your Story8 Proofreading Tips And TechniquesHow to Style Titles of Print and Online Publications
Friday, March 6, 2020
Major Environmental Issues Facing Zimbabwe Essays
Major Environmental Issues Facing Zimbabwe Essays Major Environmental Issues Facing Zimbabwe Paper Major Environmental Issues Facing Zimbabwe Paper It as a long history of biodiversity preservation, through the national parks, forest reserves and innovative community-based sustainable-use schemes such as CAMPFIRE. Nevertheless, the natural resources are under pressure from a growing population with limited economic alternatives. Land quality Zombie has the greatest fraction of its land area in good quality agricultural land. The economy of Zombie has a large agricultural component, and the majority of people are dependent on the land. The distribution of people and productive agricultural resources is uneven, leading to problems of land degradation where large numbers of people and vivisect are concentrated on marginal lands. Freshwater resources The Zambia River in the north is one of the largest rivers in Africa, but does not currently supply water to the rest of the country, which is water-scarce in most parts. The geology is generally not conducive to large groundwater supplies. Climate change Like the rest of southern Africa, Zombie is strongly influenced by fluctuations in rainfall. An improvement in the water balance as a result of climate change would be a great benefit; increase water stress, on the other hand, would be a substantial development challenge. Zombie environmental problems like erosion of its agricultural lands and deforestation. By 1 992, deforestation was progressing at the rate of ha per year, or about 1. 5% of the nations forestland. The confinement of large segments of the population to relatively unproductive lands before independence put severe pressure on these lands, a substantial portion of which may have been irreversibly damaged. Zombies air is polluted by vehicle and industrial emissions, while water pollution results from mining and the use of fertilizers. Zombies cities produce 0. 5 million tons of solid waste per year and a good amount ends up in the rivers. The nation has been estimated to have the highest EDT concentrations in the world in its agricultural produce. In 2001 , nine of the nations mammal species and nine bird species were endangered, as well as 73 types Of plants. Zombie has about half of the worlds population of black rhinoceroses, an endangered species. Rare or threatened species include the cape vulture, black-cheeked lovebird, and brown hyena. For protection, the government has adopted a policy of shooting poachers on sight. Africans freshwater supply is almost stretched to its limit. Less than 10% of Africans rainfall is available as reface water, one of the lowest conversion ratios in the world. The countrys groundwater resources are equally limited. Despite regulations of river waters, in many catchments the need for water exceeds the supply and quality is often below standards. Given the projected growth in population and economic development, Africa faces tough times in meeting water demands in the decades ahead. The shortfall in freshwater is tied to growing demands, but also to other issues such as loss of natural habitat and potentially climate change. Destruction of natural habitats the land of the fine-leaved plants, is one of the worlds most impressive botanical kingdoms a mind-boggling variety of plants that is richer than any other comparable sized area in Africa. An estimated 8,500 species of vascular plants, of which 70% are endemic, are reported here. But because the area has been heavily settled for several centuries, large swathes of natural vegetation, particularly in the lowlands, have been cleared for agriculture and urban development. Similar problems face the Iamb-Karol-Achieved desert, a very distinctive and flirtatiously rich excretion with highly diverse endemic plant immunities. Here, poor land management, conversion of marginal lands for cultivation, dam construction, mining, and illegal extraction of selected succulents for black market trade, pose a suite of threats. Over fishing along the Coast, there is persistent over harvesting of many commercially valuable species and products such as pilchard, anchovy and rock lobster. Further at sea, some fish stocks have been over-harvested, and several species face local extinction. These dangerous trends follow improvements of fishing methods, increase in fishing effort and the establishment of fishing industries. Introduction of exotic species Africans natural habitats are being colonized by alien species at great rates. Introduced species, particularly North American game fishes such as largemouth bass and smoothly bass, are pushing out indigenous species and threaten to lead some of them to extinction. Pollution a high level of traffic associated with crude oil transport from the Arabian Gulf has resulted in contamination from tankers spills and discharge of polluted ballast waters. A strategy that is having impact on environment is the Wildlife Environment Zombie has fought for the conservation and protection of Zombies environment. WEEK has been on the forefront of conservation, lobbying for the establishment of National Parks and protected areas, assisting in the management of these, and spreading knowledge on conservation and environmental issues through our magazine, publications, and different environmental education projects. To encourage and assist all people Of Zombie to understand the importance of wildlife and the environment and to conserve Zombies natural resources for the well being of current and future generations and to ensure that the utilization of these natural resources is fair and sustainable. But Zombie is confronted by critical environmental and ecological problems. This has resulted in environmental degradation, declining population of endangered species, destruction of indigenous forest and wildlife habitats, soil erosion, pollution in all its forms, and ruthless exploitation of our natural resources for short-term profit. Partnership for Environmental Law Education is another strategy thats s working to help prepare for a more sustainable future. Over the past three years, the Zombie Environmental Law Association in collaboration with Environment Africa and the Environmental Management Agency entered into partnership to educate rural and urban communities about their environmental rights and duties. Rural district councils, grassroots organizations, environmental actions groups, traditional leaders and government deep retests were among the groups that were trained. The partnership is driven by the need to address the main impediments to environmental justice, which are poverty and lack of knowledge. At the local level, knowledge about available rights and capacities to claim them are Often limited. It is therefore, the purpose of this project to lid the capacity of communities and locally based organizations to claim those rights and to promote the building of local institutions that can lead to the opening up of opportunities for improved access to natural resources, good health and improved livelihoods. Therefore, environmental law education provides the avenue for people to acquire knowledge and skills that enable them to act within their communities in an environmentally responsible way. To date, ZEAL Environment Africa and the Environmental Management Agency held close to fifteen joint workshops by pooling resources together. The partnership was a way of avoiding the duplication of work by the three organizations. In practice, ZEAL provides the legal advice while Environment Africa brings its experience and contacts with community groups. The Environmental Management Agency as a government agency brings the government perspective and commitment to natural resources management. Through this partnership, ZEAL and Environment Africa are in a better position to make contributions to legal reforms and to influence policy decisions on natural resources management and environmental protection. Tell, ZEAL has been reviewing draft regulations on waste management and indigenous knowledge systems that are being formulated by the Ministry of Environment and Tourism. The regulations seek to complement the Environmental Management Act. Another key output of the partnership is the formation of Environment Committees and Sub-Committee at the district level in the ten provinces of Zombie. Hare has witnessed an upsurge in the number of residents forming community based groups to spearhead waste collection efforts. These community groups are formed by people with a passion for the environment and who also want to earn a living from waste recycling and reuse. The formation of waste management groups is also partly due to the increase in the uncollected waste that has been accumulating around the City. However, the groups are just loose groups of individuals especially the youth which do not exist as legal entities. They have been finding it difficult to operate without registration as companies or common law trusts. Through workshops and seminars, the Zombie Environmental Law Association received requests from all the groups for legal assistance. Most of the requests are for their registration either as companies or trusts. ZEAL has agreed with Environment Africa and Practical Action to irk on a plan of action that will result in the registration of the groups. It is noteworthy that the efforts of these groups are a result of sustained education programmers on waste management and environmental protection around Hare by the civil society. Therefore, the formation of the waste management enterprises is one way of implementing the principles of environmental management contained in the Environmental Management Act and other pieces of legislation. The benefits of registration are that the groups can effectively engage the private sector and request for assistance as legal entity with traceable references.
Subscribe to:
Posts (Atom)