Analysis of Human rights Act 1998 Essay Example | Topics and Well Written Essays - 1500 words

Analysis of Human rights Act 1998 - Essay Example To abide the above said aims and to appease the people who are hankering for unity and unanimity, the Act incorporates some provisions which extends some rights to the people to enjoy these unity .These provisions give the so called conventional rights to the people from the all area includes offenders, suspects etc. But the question is how far these rights enjoyable to these offenders particularly for suspects whose status is neither in the culprit's nor in the normal persons. The question is whether their rights are being protected aptly or not is a crucial question before the Law. As said above the suspects also enjoy the benefits of the different provisions which meant for the well being of the society. Article 2 of the Act provides everyone present in UK has the right of life and no one can de be deprived of their life, including those such as suspected terrorists or violent criminals. Moreover Article 3 gives the suspects a right to freedom from torturing, inhumane or degrading treatment. It further says that even in times of war or other public emergency, a person has the right not to be treated in these ways .It is a also applicable to the suspects. By sticking to the individual fre... As said above the suspects also enjoy the benefits of the different provisions which meant for the well being of the society. Article 2 of the Act provides everyone present in UK has the right of life and no one can de be deprived of their life, including those such as suspected terrorists or violent criminals. Moreover Article 3 gives the suspects a right to freedom from torturing, inhumane or degrading treatment. It further says that even in times of war or other public emergency, a person has the right not to be treated in these ways .It is a also applicable to the suspects. By sticking to the individual freedom of living own life ,the Act empowers the persons to live in personal privacy taking into the account of rights and freedom of the others and also limits on the extent to which a public authority can do thing which invade your privacy about your body without your permission. The point is well explained in Law Vs R (2) and it was held that the principal purpose of s 8 of the charter was to protect an accused's privacy interests against unreasonable intrusion by the state. In the instant case, the mere fact that the police recovered the stolen property was insufficient to support an inference that the owners voluntarily relinquished their expectation of privacy in the item and the Court confirmed that the officer's conduct constituted an unreasonable search. It followed that there was a violation of s 8 of the charter. Moreover referring the principle 21 of the Body of the principles on detention, which envisages the well being of the suspects who is in detention by prohibiting undue advantage

Challenging the Status Quo of Technology in Business Outline Essay Example for Free

Challenging the Status Quo of Technology in Business Outline Essay I. Introduction A. Getting in trouble as a teenager, led this innovative mind to reshape technological advances to better suit Business needs as society sees it today. B. Any Idea can be great; implementation of that idea takes careful planning and a smooth technological framework to seamlessly pull it off. C. Choosing to eschew the established ways most seek out their lives, Bill Gates chose to cultivate his interests, even by getting in trouble with a corporation at a young age while capitalizing on an error in a system, and pivot these ideas into a multi-billion dollar enterprise. See more: outline format for essay D. An active dedicated mind that sees inadequacies around them is the best way to fuel innovative changes to streamline a business need. Having the keen ability to identify holes in logic and process is an opportunity to identify the need for change from an improvement standpoint. E. A successful individual with a thirst for understanding of technology, and a desire to improve the ways that business can be protected, while being innovative in managing daily and long reaching business goals, has demonstrated ways to streamline efficiencies all while improving revenues, and decreasing overhead. This successful, driven and adaptable individual defined ways for businesses to thrive, all while ultimately making it less complicated for users of a product to perform certain work tasks, while staying better organized and documented. II. My program Technical Project Management A. I selected Technical Project Management, as it is Essential for Business, and is an in demand field. B. In two and a half years, I will have successfully obtained my Bachelor’s Degree, allowing me to fulfill my desire to participate in changing business climates, and help manage all aspects of project implementation with a strong understanding of all the skills required to manage projects from a technical standpoint. C. To be successful in the Technical Project Management field I will need to be able to effectively identify all aspects of a project from a management perspective, these skills are defined by Schiff (2013, January 15) as Highly Organized, and good multi-tasker, Have the ability to take charge and know how to lead, Be an effective communicator, Know How and When to Negotiate, Be Detail Oriented, Recognize and Solve Problems Quickly, Possess the necessary technical skills (Schiff, J 2013)* III. An effective leader demonstrates efficiencies of leadership by possessing core values of Honesty, Focus, Passion, and overall respect. A. An effective leader is defined by how they utilize a combination of nature and nurture is the obvious core element in the development of personality (Williams, 2005) * B. Positive leadership traits can be summarized with the following attributes: Williams (2005, June) defines positive leadership traits as: Personal consistency, Discipline and Integrity. Intolerance of mediocrity. A concern to build mutual trust. Focused passion for the business. Recognition of the critical importance of emotional intelligence in leadership. (Williams, 2005).* IV. William Henry Gates III ‘Bill Gates’ A. Wikipedia provides the following to describe Bill Gates:† William Henry Bill Gates III (born October 28, 1955) [2] is an American business magnate, investor, programmer, [3] inventor [4] and philanthropist. (Wikipedia 2013) * 1. Relevant formative details: in 1975 Gates, a sophomore attending Harvard University, had read a copy of Popular Electronics that demonstrated the Altair 8800. Gates contacted Micro Instrumentation and Telemetry Systems (MITS) the creators of the new microcomputer and informed them that he and others were working on developing software from a program BASIC which was designed for large computers, after creating the program and meeting with MITS executives resulted in a deal and this new adapted software would be included in the first microcomputers. It would be at this point that Gates would not return to Harvard to finish his degree, instead he partnered with Paul Allen and named their partnership Micro-Soft. The team would later drop the hyphen, and then three years later moved back home to Washington and established corporation paperwork in Bellevue, where Microsoft and Bill Gates would become the leader, and powerhouse of software development. Wikipedia 2013* 2. As Co- Founder, and Chairman of Microsoft, Currently Bill Gates is regarded as the single most successful business person in the PC industry for all his contributions to consumer ready personal computer products. Wikipedia documents that Time Magazine named Gates one of the 100 people who most influenced the 20th Century, as well as one of the 100 most influential people of 2004, 2005 and 2006 (Wikipedia 2013)* B. Your reasons for selecting this person 1. Bill Gates is a pioneer of technological office products which forever changes how businesses are able streamline efficient technologies. Bills quest for knowledge of how things worked, and how they could be improved started in his formative years while attending the Lakeside School in  Seattle Washington, where he took an interest in programming the new computer system the school had recently purchased. As a result of his expressed interest in this computer system he was excused from Math classes to peruse his interest. (Wikipedia 2013) * 2. I intend to utilize mainstream software as part of successful implementation for projects that I manage in technical in project management. I have a profound level of identifying things that do not work around me, and am constantly striving to question ways, and implement solutions that are going to streamline an efficiency. I Intend to utilize the products that Bill Gates has created for businesses, such as Microsoft Office Suite of Products, along with supplemental products such as Microsoft Project which are the most widely utilized programs in the currently among businesses. V. Your own leadership qualities and success traits: As a leader I am capable of showing those around me a better more efficient way to manage tasks, I intent to continue to broaden this knowledge and share with others. My success traits are that I am extremely personable, and easy to interact with. My overall personality is very outgoing and friendly making fast friends in any environment. I have strong values and morals, which are easily recognized upon meeting with me. These traits are essential when forming relationships in any structure, especially in business. A. My personal strengths that I am able to take and apply towards being a leader is having the Personality Type Assessment show me I am an ENFP The Inspirers personality. Per the assessment I am creative and industrious; I am easily able to find success in activities and projects that are of interest to myself, and I am great at motivating others as well as being organized, however I am not overly fond of routine. Additionally the MIS assessment showed me that I am stimulated in my multiple intelligences by Rhythmic, Visual, Interpersonal, Body/kinetic and Intrapersonal learning styles. (Sherfield, Moody 2011)* 1. These assessment showed me that I am a compassionate, outgoing emotionally connected, perceptive individual that works well in dynamics with others where external stimulations such as visual, rhythmic, Interpersonal, Body/kinetic, and Intrapersonal interactions suit me best. These align with my values of compassion, caring, honesty and Respect. By understanding how I work best, I am better able to be a leader by utilizing my strengths to help hone those skills. 2. I am able to be successful by focusing on my ability to be an outgoing and emotionally invested leader demonstrating that I am dynamic in how I can learn, lead and relate, therefore showing others dynamic ways of approaching related tasks, and embracing ideas. 3. I plan to employ my strengths by overall action. A person that is able to show and demonstrate excellent qualities will gain respect, and therefore earn the trust of those they are trying to lead. B. The areas of weakness that I possess are related to how I handle conflict. Per the conflict management assessment I realize that I have a very strong ability to try and resolve conflict, I do however have room for improvement. I need to work better at becoming adept at handling conflict so that I may do well with mediation, negotiation and anger management. That will in turn make me more approachable so that people may turn to me in times of need for advice about conflicts and possible resolutions. (Sherfield, Moody 2011) * 1. The positive changes you need to make in order to resolve weaknesses: I need to focus on managing spikes in my anger towards people that manage to irritate me when I am trying to help them learn something. I will undoubtedly gain a higher level of respect by treating others with respect instead of allowing myself to become agitated at the pace or aptitude of others. 2. Your plan for resolving these weaknesses: to focus on moments when I  feel myself become angered, and attempt to stop from speaking, or acting any further without first looking at the situation from a broader aspect, and seeing the potential areas for improvement. VI. Conclusion A. It is often the ones that get in trouble and challenge the status quo, that make the best innovators and leaders that shape our business to an ever growing and improving dynamic. Being a leader in this field takes courage, and a quest for the ever present Why. Those that challenge and ask why are often the ones that present new ideas to change our course as society. Strength and courage to continue challenging the status quo, and teaching others new ways is what defines a leader. B. I feel that Bill Gates is an unequivocal pioneer in the field of business technology. He challenged so much about what was out there, and had the courage in his vision to make great changes. Bill Gates created systems and programs that would further streamline how businesses are able to conduct their day to day activities by creating and packaging licensed products that are essential tools for any successful business. I look forward to learning more about these programs, and to employ them when I am working in my field of study. C. I plan to enroll in additional courses outside of the DeVry Degree Program that will provide me with additional training on Microsoft Suite of Applications specifically Microsoft SQL a server application that businesses utilize to extract data when executing systems testing requirements. References Schiff, J (2013 January 15). 7 Must-have Project Management Skills for IT Pros (1) Sherfield, M. Moody P. (2001) Cornerstone: Creating success through positive change, Sixth Edition. Boston, MA: Pearson. Williams, M. (2005, June). Leadership for leaders. London, GBR. Thorogood Publishing Wikipedia. Bill Gates Retrieved October 1, 2013 at: http://en.wikipedia.org/wiki/Bill_Gates

Conflict Management in the Construction Industry

Conflict Management in the Construction Industry The nature of the construction industry in Hong Kong is such that there is an existing conflict between the major construction project participants, owners, design professionals and contractors. The construction industry is well-known for high levels of conflicts and disputes. Construction is construction, and no matter how complicated the technology. It is also a project-based industry with each project being unique. Within a project life cycle, a large number of separate firm are involved. Failures by one party can affect those engaged in a project and, as work often takes substantial periods during which national economic circumstances can change, it is unavoidable that dispute will arise. From the above-mentioned scenario, it should not be surprised that the techniques of conflict management and dispute resolution in construction industry are more developed, compared to the industry, one might be inclined to ask the questions as to whether there is any hope for the industry in attempting to reduce the serious and extent of conflicts and disputes? According to Fenn et al(1997), conflict can be managed, possibly to point of preventing it from leading to dispute whereas, dispute require resolution and , therefore, are associated with distinct justifiable issue. The purpose of this paper will firstly describe the definition of conflict management and dispute resolution. And also identify the causes of the conflicts and disputes in Hong Kong construction industry. Finally, this study will also identify the way of formal conflict management and the dispute resolution methods to be used. 2. Conflict Management in Construction Industry: 2.1 The definition of conflict management: Conflict may be defined as a contest between people with opposing needs, ideas, beliefs, values or goal. Conflict on team is unavoidable; however, the results of conflict are not predetermined. Conflict might increase and lead to non-productive results or conflict can be beneficially resolved and lead to quality final products. Therefore, learning to manage conflict is essential to a high-performance team. Though very few people go looking for conflict, more often than not. Conflict results because of lacking communication between people with regard to their needs, ideas, beliefs, goals, or values. Conflict management is the principle that all conflicts cannot consequentially be resolved, but learning how to manage conflicts can decrease the odds of non-productive escalation. According to Algert, N.E., and Watson, K. (2002), Conflict management involves obtaining skills related to conflict resolution, self-awareness about conflict modes, conflict communication skills, and establishing a structure for management of conflict in your environment. 2.2 The causes of conflict in construction: Construction is significantly different from manufacturing, in which the same goods are produced a thousand times. Also, construction does not allow for the change of variable while holding the rest fixed in order to study its effects. The nature of the construction referred to earlier so conflicts among owners, design professionals and contractors are general. To suggest that these parties are prone to confrontational interaction and conflict would be a major statement in the construction industry. Owners are even arguing with their design professionals over design service explain of errors and neglect in design services rendered, aesthetic considerations and budget overruns. (p.4-white) Accordingly, Howell et.al (1998, cited by Vorster 1993) proposed a nomenclature of elements that summarize four causes behind conflict in the construction environment: Incomplete scope definition: The design professionals responsibility to define and design the project scope so as to meet the owners functional, budgetary, time and environmental project criteria. When the design professional fails to meet their responsibility, the owner is almost always dissatisfied with the result, with the effect that strict correspondence soon ensues between the parties. Also, when the scope of the work is unclear, this presents an unhappy relation for future between the owner and the contractor, arguing about the scope and quality of the work, and whether in fact the work is properly defined by the contract documents prepared by the design professional. Inappropriate contract type: Contracts are endemic as causes of conflict within the construction industry; almost every stage of the construction process is regulated by an agreement of some sort. Some of the areas of contract dispute are breach of contract in contract clause interpretation, inspection of work clauses, indemnity clauses, payment of supplies, and liability to third parties, just to name a few possible areas of contract dispute. Poor communication: Infrastructures are unique products with more complex production process than other and most of building products are a combined effort of several peoples or organization. So many professionals have contribution to do a building in various capacities. Among construction team members, each may have different aim in relation to their profession, but their main aim should be to complete the project within a given plan. Conflict between team members may arise when their objectives are inconsistent. Also, their interpretations of contract documents, terms, and conditions can diverge, leading to discrepancies and conflict. In short, all causes of conflict within an area are interrelated. Uncertainty: For external: a) Environmental concerns; b) Social impacts; c) Economics; d) Political risks; e) Weather; f) Regulation; g) Unforeseen site condition. For internal: a) Error in design; b) Construction methods and workmanship In figure 10.3 which is one example of what the owner should consider when identifying potential conflicts. We can identify which of them may be realized at the interfaces among the multiple participants in an agency construction management delivery system. Certain conflicts in the relationship among the owner, designer, CM and trade contractor can be eliminated in various situations if a different delivery system is selected. (P.205-White) 2.3 Methods of conflict management used in construction industry in HK: In the construction industry, ask anyone if they completed a construction project without any conflict. The answer 100% of the time will be NO. The successful project managers must be implement strategies to avoid or monitor conflict in their construction project. The following common steps are used by the project managers when developing a successful conflict management: Conflict identification; Conflict analysis; Design and implementation of a conflict management; Monitoring and review of the conflict management. (P.202-White) Prevention is the best method in the management of the conflict in construction industry. The methods include: Dispute review boards or advisors; Negotiation; Quality (Total quality management and quality assurance); Procurement systems which are all non-blinding process. Baden-Hellard (1988) emphasized that construction industry has a built-in potential for conflict arising from the differences always present in values, principles and interest. Thus, when differences arises from unforeseen events, no matter how well the clients, design team and contractors have managed the project, better methods of resolving the differences are needed. Dispute review boards or advisors: It is virtually impossible to complete a large construction project without having any disputes develop between the parties. The DRB is a panel of two neutral individuals who are selected by the parties to the construction contract, usually the project owner and the general contractor. The project owner will stipulate in the specifications for bidding the project. DBR provide the processes and mechanisms to not only help to settle disputes but also can provide a method to prevent the potential conflict from ever happening. The potential conflict to the DRB means that plausible argument at each construction stages and the quality of the presentation of claims. The first meeting of the DRB usually takes place well before the commencement of the construction project and will continue to meet until the DRB members are well-known all of the aspects of the project. After the project begins, each DRB will usually meet on a regularly scheduled basic such as once each month or once each quarter, etc. Besides, site visit can ne made depending on the requirements of the project. Negotiation; Negotiation needs to be carrying out to resolve the conflict before it reached a more serious stage and change into dispute. The parties are required to come together and approach an agreeable settlement through communication. The following two example shown a simple negotiation between the main contractor(MC) and a subcontractor(SC) who is unable to meet the objective in the contract. Example A: SC: I will not be able to finish this process on time. MC: You must be finish theses according the time schedule. SC: I need three extra weeks to finish it. MC:You cannot have extra three weeks. SC: If I do not get three weeks, i can not complete this process on time. MC:No, you will complete as scheduled, if you really cannot finish it, we will collect damage and replace you. The example A is a position-based type of negotiation which will go around in circle until one of parties abandons its position. It is not clear why the parties are even arguing. Example B: SUB: I will not be able to finish this process on time. MC: What are the reasons and why can you not finish as scheduled? SUB: My supplier will not able to deliver the materials until next week so I need three extra weeks to finish it. MC: You should know the schedule is very tight for this project. Are there any other suppliers who can deliver on time? SUB: Yes, but the suppliers are more expensive than the damages given by finishing late. MC: Although you are responsible for reaching the target, I also understand your predicament. Actually, I know some other suppliers that might be able to solve these problems and I will contact them as soon as possible. The example B is an interest-based type of negotiation which can be reached a mutually agreeable solution even the source of the conflict is uncovered. According to these two examples, a successful negotiation should result in a solution acceptable to both parties that will not damage their relationship and implies collaboration, trust and common objectives. Quality (Total quality management (TQM) or assurance): According to Gardiner et al (1992), the most confliction stages are identified within the organization, closely followed by the issue of quality and control. One of the most confliction stages is the quality issue so a good and suitable quality management or control system should be issued. It can reduce the frequency of conflict. TQM is an extensive management system which: Focuses on meeting owners needs by providing quality services at a cost that provides value to the owners; Is compel by the quest for continuous improvement in all operations; Understand everyone in the organization; Observe an organization as an internal system with a common objective rather than as individual parties acting to maximize their own performances; Emphasize teamwork and a high level of workers. Procurement systems: The procurement system is one of most effective methods in prevention of conflict so it should be located in the earlier stage of the project life cycle. According to Bennett et al (1990), the procurement system built up the roles and relationships, which constitute the organization. It establishes the overall management structure and systems, which helps to form the overall values and styles of the project. The Procurement System for Construction provides support for: Selection of appropriate procurement and contracting strategies, and nomination of an appropriate Principal in the contracts; Preparation of tender documents and contracts based on standard forms; Selection of contractors and consultants with proven performance records; Effective management of contracts, including clause commentaries, sample letters and checklists; Maintenance of an effective performance management system through monitoring and reporting; and Resolution of contractual claims and disputes. (NSW Government (2000), Procurement system for construction. Available from: NSW Government, NSW Government Procurement Web site: http://www.nswprocurement.com.au/Procurement-System-for-Construction.aspx [Accessed: March 13, 2011].) 3. Dispute Resolution in Construction Industry: 3.1 The definition of Dispute Resolution: Dispute resolution is about identifying the root causes of conflict and preventing and managing conflict with the purpose of resolving disputes or conflict during the construction process in order to avoid post-construction claims, litigation, and related costs. According to Whitfield(1994), resolve disputation can use either informal resolution methods such as negotiation and alternative dispute resolution(ADR) or formal resolution methods such as litigation and arbitration. 3.2 The causes of dispute in construction: Disputes are often the outcome of ill considered procurement practices, inadequate preparatory planning and design activity, or poor project and commercial management procedures. If the conflict happened in construction site, all parties are agreed to each other. There is no further conflict because objectives of both party become same. But if one or both party becomes intransigent, then the conflict may turn to a dispute. In other word, disputes are come up when parties are unable to manage their conflicts properly. Dispute can be defined as a disagreement between parties in connection with their objectives. Construction failure may create dispute between the parties in construction sites. According to Feld and carper; Kaminetzky (1997), failure during the construction phase may include: Overloading. Improper temporary supports. Inadequate planning and execution of construction process. Lack of inspection. Insufficient safety factors. Inadequate training of construction workers. Feld, J. and Carper, K. (1997). ConstructionFailure. John Wiley Sons, New York.   Cause of client: 1) Failure to respond in timely manner. 2) Inadequate tracing mechanisms for RFI (Request for information). 3) Reluctant to check for constructability, clarity and completeness. 4) Discrepancies / ambiguities in contract documents. 5) Poor communications between and among the parties involved in theproject. 6) Failure to appoint an overall project manager. 7) Lowest price mentality in engagement of contractors and designers. The absence of team spirit among the participants. 8) Deficient management, supervision and coordination efforts on the  part of the project. Cause of designer: Failure to understand its responsibilities under design team contract. Over-design and underestimate the costs involve. Inadequate in open and factual communication. Late information issued and cumbersome approaches to RFIs Design and specification oversights and errors or omissions resulting  from uncoordinated civil, structural, architectural, mechanical and  electrical designs. Incompleteness of drawing and specifications. Cause of contractor: Inadequate contractor management, supervision and coordination. Lack of understanding and agreement in contract procurement. Failure to understand and correctly bid or price the works. Reluctance to seek clarification. Failure to plan and execute the changes of works. Inadequate CPM Scheduling and update requirements. Delay/ suspension of works. Fenn et al (1997) provides a synopsis of the findings of nine frequently cited  studies of the sources of disputes: 3.3 Methods of dispute resolution used in construction industry in HK: According to Carmichael (2002), the step approach to dispute resolution as below. An attempt is made to resolve the dispute at the level at which it occurs, in a reasonable time; If this fails, involve parties at a higher level with decision making authority, and the potential to settle in the interests of a commercial solution; If this fails, proceed to an ADR approach using and independent third party; If this fails, arbitration or litigation will be used. 3.3.1 Informal resolution methods: a) Negotiation: Negotiation is a common dispute resolution method, which we all are using in every day. There is no neutral third party for the negotiation, only the disputants. It is also defined as a means to reach mutual agreement through communication, according to Down, L.J. (2009), (p.140-white) Negotiation is considered by most appropriate way to resolve any dispute in construction industry. It was because negotiation is not expensive and can be maintained relationship with the related parties. However, there are also negative sides of negotiation. For example, if the related parties negotiated a long and protected period of discussion, the negotiation will be fail because they are not blinding. Besides, it is an informal resolution method, it can allow any surprise issue or irrelevant points rising. b) Alternative Dispute Resolution (ADR) ADR is a collective term used to describe methods of resolving disputes which are alternatives to litigation and arbitration and which usually offer a less expensive solution. For example: Mediation: This has appeared as an increasingly used form of dispute resolution, involving a neutral third party working to facilitate effective negotiations to enable a mutually acceptable settlement. In mediation, the parties explore options, measuring the strengths and weaknesses of their respective cases. Mediation can save a great deal of time and cost in resolving a dispute and can also help the parties to re-establish trust and prevent damage to ongoing relationships. Adjudication: This is a quick and relatively inexpensive way of resolving a dispute.The adjudicators decision is normally upheld by the courts and so it is important to ensure that all the relevant facts are put in front of the adjudicator. Adjudication does not necessarily achieve final settlement of a dispute because either of the parties has the right to have the same dispute heard afresh in court. However, experience shows that the majority of adjudication decisions are accepted by the parties as the final result. (Powell, J. David. 2005. Boundary Dispute Resolution in England Wales Surveyors and Lawyers Working Together to Resolve Problems. Proceedings of Cairo: Egypt.) Because of the following potential advantages, it is worth considering using ADR early in a lawsuit or even before you files a lawsuit. Advantages of ADR: Better communication; Continued business relationship; More options for settlement; Reduced costs in achieving settlement; Confidentially Control of outcome and the process. 3.3.2 Formal resolution methods: a) Litigation On occasions, alternative dispute resolution procedures are not successful in resolving disputes, resulting with the parties resorting to formal litigation through the courts. According to Whitfield(1994), the process of litigation is from the issue of a writ to a hearing and then on to a judgment. One of the failures of the legal process has been the speed with which solicitors have been prepared to issue writ. After writ has been issue, the plaintiff cannot simply withdraw his writ and forget the matter. If he did so, the counterclaim would be found against him along with the cost. The related construction companies need to provide litigation support services for both formal litigation and alternative dispute resolution as follows: Programme delay analysis; Forensic research; Preparation of statements of claim and statements of defence; Paralegal support. b) Arbitration According to Ashworth (2005), Arbitration is a legal technique for the resolution of dispute outside the courts. The parties refer the dispute to a neutral, knowledgeable person (arbitrator or arbitral tribunal) who then gives the final decision (award) to which both the parties agree. Arbitration, in lieu of court proceedings, as the last resort to resolving disputes in construction contracts has been commonly used in Hong Kong as well as internationally. Although intended to be a less formal and more flexible alternative to litigation, arbitration can be as thorough and time-consuming as litigation, especially for construction disputes. The related companies should be employ the expertise in representing them in arbitration proceedings and handling the whole arbitration process from the appointment of arbitrators, drafting of pleadings, dealing with interlocutory proceedings through to the hearing stage and beyond. Where necessary, lawyers who experienced in construction disputes to provide the most comprehensive services to the company in arbitration. 4. Conclusion: Each construction projects are unique and complex undertakings. A unique set of drawings and specifications are used to describe each construction stages. The drawings and related documents generally performed by a general contractor and several subcontractors, many of whom have not work together previously. The unique aspects of each project and the unique constitution of each construction team are common reasons for disagreements to occur. Disputes can be generated in any environment; indeed, conflict can occur whenever two individuals try to work together. These disputes often concern topics such as changes, differing site conditions, delays, and payments. Many researchers had attempted to determine the causes of conflict and disputes within the construction industry. Besides, H. Murray Hohns (1979) leads to the conclusion that the specific causes of the conflict and dispute can be largely traced to the following five sources: Errors, defects or omissions in contract documents; Underestimation of the cost by the client, the contractor, or both; Changes in conditions, (e.g. unforeseen ground conditions); Claims from end-users (legal rights of owners and tenants); People involved in the construction process. When confliction is arise in the construction industry, the importance of proper conflict recovery method and compliance with formal procedures cannot be over-stressed. If disputes proceedings become unavoidable, it should be some comfort to know that proper alternative dispute resolution will be a favorable condition rather than a drawback.

Hamlet Criticism :: Literary Analysis, Shakespeare, Classics

In “Hamlet';; Literary Remains, Samuel Taylor Coleridge describes Hamlet as an intricate planner who’s thought process is slow and methodical. He describes Hamlet as someone having “Supercilious activities…of the mind, which, unseated from its healthy relation, is constantly occupied with the world within, and abstracted from the world without…throwing a mist over all common-place actualities.'; Cooleridge is explaining the fact that Hamlet seems to always be in his own fantasy world when it comes to thinking about things that are going on in his life. Hamlet appears to be very caught up in his own thoughts that he doesn’t have the time or ability to carry out his plans efficiently and effectively. Cooleridge contrasts Shakespeare’s use of a tragedy in Hamlet to the play MacBeth. Cooleridge shows that Hamlet proceeds in his schemes with the utmost slowness, while MacBeth has a pace that is crowded and moves with breathless rapididty. These tw o plays with themes of Greed and Revenge are both rooted in the same systems of belief but are carried out in totally different directions. Cooleridge goes on to say that perfection is usually only found in one’s mind and is rare if impossible to find in reality. This is again shown through the fact that Hamlet’s planning seems to take a backseat to luck and fate as the others end up dying from the poison, which they had planned to use against Hamlet. Cooleridge also stresses the inconsistency of Hamlet and his plans for revenge throughout the play. One minute the audience believes that he cares greatly for Ophelia, and the next minute we see him showing a sort of disrespect for her at her funeral.

john dryden :: essays research papers

John Dryden was born on August 9, 1631 in the Vicarage of Aldwinkle All Saints in Northamptonshire, England (DISCovering Authors 1). He was a cute, young boy who was described as â€Å"short, stout, and red-faced† (Britannica 8). His father was a countryman, and both his parents were very fond of Parliament siding with the Parliament Party against the King (Britannica 1). He was eleven years old when the war broke out between the royalist forces and the revolutionary forces, and that is when his life began to change. It was the start of a period of time when England became a republic ruled by Parliament. His parents were well known around the town, and had a lot of connections with wealthy people. Because of those connections, they were able to find a scholarship so that he could attend Westminster School at a very young age (DISCovering Authors 1). His Professor, Richard Busby, provided him with an education (DISCovering Authors 1). It was here that he published his first poem, Upon the Death of the Lord Hastings (DISCovering Authors 1). This poem had special meaning for him because it was about one of his good friends who died of small pox. At the age of 19, he was elected to attend Trinity College in Cambridge. Dryden graduated in 1654 while earning a Bachelor of Arts degree (Britannica 1). A few months after his graduation, he received some very bad news- his father had died suddenly. He then became in charge of his family and the small estate where he grew up (DISCovering Authors 1). In 1658, his career was revived and he began to write once again. His first work was an elegy called Heroique Stanzas, which was about the death of Cromwell, and detailed how he was such a brave English statesman (DISCovering Authors 1). He began writing poetry in 1660 in the form of Neoclassical (Wasserman 40). That same year, he was granted a couple of patents from Charles II for a theatre. However, the plays were not too successful. Two years later, the theater was closed by the Puritans (Britannica 1). Dryden published Astraea Reddux in 1660 which was the most successful and prominent of all his poems. Along with others, they wrote a poem to welcome Charles II as he was being restored to the throne. It contained more than three hundred lines in rhymed couplet (Britannica 1).

Child Labour Essay

INTRODUCTION GOD has given human beings the boon of wisdom and discreation to think upon the signs of the universe and to draw conclusions. That is the reasons why they disclose the hidden facts of it and its structure.Children are the flowers of heaven they are the most beautiful and purest creation.They are the beauty of this world.They are innocent.but there are such kind of students who cannot go to schooldue to financial problems.They only watch others go to school and can merely wish to seek knowledge.it is due to many difficulties,desperate conditions that they face in life DEFINATION Child labour can also be defined as the full time employment of children who are under a minimum legal age. Where does most child labour occur? OF an estimated 215 child labourers around the globe: approximately 115 million(53%) are in Asia and the pacific;14 million(7%) line in latin America; and 65 million (30%) live in Africa. Works on it. Many organizations like UNICEIF, ILO, whoes main object is to prevent child labour .These are the international organization which prevent child labour globaly. INTERVIEW I visited The Eatspot, a roadside restaurant , this weekend. No, this story is not a restaurant review about the dry biryani or hot lassi. It is not about the silly waiters dressed like nervous fresh MBA grads from a college, with white shirts and uncomfortable ties. It is about Nizamuddin. The little boy who poured water into my glass and cleared out my table. He was too small, skinny. His hairs were dry and rough and certainly would not have been oiled for months now.He was hardly four and a half feet tall, not a trace of facial hair. He couldn’t have been a day older than 12 .His shirt on his body was there for namesake and his trouser did not fit him. One of his hands used to hold it on his waist and he had the innovative technique of fastening it with a rope of brittle plastic threads. He was standing expressionless just like an old stuffed toy.He walked around nervously with a heavy jug of water. His eyes darted across the room like a scared rabbit, scanning the place for empty tumblers that needed a refill. . He caught me staring at him and looked back, wondering whether to smile, or look away. And then, with those wide innocent eyes filled with confusion, he gave me a slow, hesitant smile then he came to me started pouring water into jug. There was this c hild here pouring water and removing used plates from tables when he should have been kicking around a football on that hot Saturday afternoon. He was trying to satisfy strangers in that dark restaurant when should have been out with his friends, laughing and teasing his school teachers. The Eatspot was one of those dirty roadside eateries that gave a damn about the laws of the land, The dormant social activist in me got all fired up, and I summoned the boy and asked him What’s your age? (Twelve) he said. Then i said that you can’t work here.Because its against law listening to what I said that he cannot work any longer, tears started flowing from the young chap’s eyes. The little chap was looking at me still. (you do understand urdu, are not you?) I asked him do you have any problem. I don’t have any but the Government has Sir, it’s difficult at home. Dad committed  suicide, mom washes clothes for others, two sisters at home, I am studying by doing work at here, I get some money that is too critical for us†¦) I had no answers. Now, it was my turn to stand there blankly I understand your problem brother No!†¦) he interrupted  you wont understand my problem. I want to study, for that I am ready to work. But you force me to become a beggar. You are forcing me to beg. If your kids sing or dance in TV, they get money, fame and are appreciated in papers.. But if I wanted to work.nobody helps me How can you explain me this?) I never expected a kid t o talk like this but I realized that his experiences in life made him speak so. the restaurent owner called him so he walked away holding his trousers with both hands. All I could do is to stare at him silently, helplessly. I said to myself, â€Å"i should find out the definition for child labor. Reasons Lack of earning during learning. Unemployment. Excess population. Lack of laws against child oppression. Orphans. Drop outs of schools. Illiteracy and uneducated people. Large family size and unemployment people. Urbanization. Poverty. SUGGESTIONS Primary education. Get rid poverty. Our overseas aid. Ban the worst forms. Give the jobs of child workers to their adult relations could be build homes for those children that are living in the streets. Government should make laws to prevent child labour and find solutions. OUR POINT OF VIEW The present goverment has made elementry education compulsory along with this ,the goverment has distributed free books in primary schools so that parents,who cannot afford thier children ‘s school expenses,send their children to schools.The major point is that this decion must be acted upon at all levels.There is strict need to stop child labour in this country.Awareness must be raised and the attentionof parents ought to be diverted to the education of their children.Child labour laws should be put into practice strictly.The orphans and other deserving children must be helped financially on a prolonged basis. IF we suceed to act upon these principals,our country can easily get rid of this problem and that is child labour.

Narrative, Genre and representation of The Thomas Crown Affair

I have chosen to analyse â€Å"The Thomas Crown Affair† because the film has inspired me to indulge in life and make the most of the one life you get. For a film to inspire this it must be powerful and I want to analyse this film to really see how it can change people's lives and especially mine. As this was produced in the United States and being a popular film, I could tell this is Major. My Auntie works as an Administrator in the British Board of Film Classification, which means she sometimes gets free videos and gives some to me and that's how I found out about this film. Pierce Brosnan made it more enjoyable to watch because I've seen him act before and was impressed by his acting, but Rene Russo I had never even heard of until the film. The genre of the film is a hybrid between a comedy and crime because the absurd parts are humorous and the narrative is a detective crime. The iconography and the camera shots had a detective feel as well, for example, when it zoomed onto the bench and then panned up to where the painting was stolen. â€Å"Not quite as pleasurable, or guilt-inducing, as the first telling of the same story.† said Joe Rusly Which I think is absurd. In 1968 the film Thomas Crown Affair was made so this was the original one and then in 1999 it was remade and to me it's much better than the old one and even the rating has gone up by 7%. The narrative is basically a bored millionaire who decides to live his life on the edge and stages a multimillion dollar bank heist, but falls in love with an insurance investigator (from the victim bank) who suspects him of the crime. This narrative is obviously not a clichà ¯Ã‚ ¿Ã‚ ½; it's original with a twist to it. â€Å"Those expecting a caper flick will be bored to tears by the film's sluggish pace, and will be chilled by the icy chemistry between the stars.† according to a web site called www.rottentomatos.com, and I also agree myself. Nevertheless, there is a modest amount of suspense, for example, when Thomas Crown throws a painting into a bomb fire whilst the woman detective is watching and the detective and audience wonder whether that is the stolen painting. The narrative is elegant but mind twisting which is the reason I watched over and over again until I had got it, and believe me it's not sudden. The whole thing was believable but it did cross my mind that there were a lot of coincidences, for example, when the detective finds a secret painting stack the first time. The camera shots and mise-en-scene had an extensive amount of scenes and the camera shots were changing at a fast pace, in which case you could argue that it speeded up the enigma. This all made it hard to predict what was going to happen and prevents it from becoming predictable. The beginning and end were particularly entertaining with the music called Never Change and Sinnerman by Nina Simone. Combining this with the visual rhythm tic scenes is incredibly enjoyable and upbringing. The closure was closed because the woman detective went off with the so-called â€Å"Crown† in a private jet and disappeared into the horizon with the sun setting. The connotations of the horizon and sun set were that it was a contented forever-lasting relationship. The characters were believable every day people you would see if you were in New York. They were very realistic characters with authenticity. The woman was represented very stereotypically with the men complimenting her and she was always posing just so the men could talk about her behind her back. The protagonists were foreigners and they would speak in their own language and if not dreadful English. Everybody knows that all stars have make-up and special lighting to compose their look in a high-quality way. It has a big effect on the film because nobody wants to watch and old tatty film they want to see an effort has been made. The message of the film is to indulge in life and do whatever needs doing to get that thing, in this case it's the woman. If you've got the money spend, enjoy yourself, there is no point saving all that money when you only get one life, so make the most of it just like Thomas crown does. The targeted audience is middle-aged men and the odd 14-year-old boy wouldn't get hung over if he did watch it. People who believe they can get rich or even people who can be inspired would want to watch this film. The Narrative had met my expectations even if it did take three or four times to figure how his plan worked. It was surprisingly good and there was not one thing I didn't like, the music to the star appeal I got pleasure from.