How satisfactorily do the elements of state practice and opinio juris Essay

How satisfactorily do the elements of state practice and opinio juris explain the process of customary international law formation - Essay Example Therefore this essay shows that though there is a distinction between state practice and opinio juris but the element of both these (i.e. state practice and opinio juris) assists in the formation of customary international law. The actions are the state practice whereas the statements are opinio juris. Hence, custom can be formed by the actions only when these actions are came with a juncture of the action’s legality. Opinio juris relates statements of belief instead of real beliefs.3 In addition to this, opinio juris is presented by the resolutions and pacts as both of these are the statements regarding the activity’s lawfulness, instead of cases of that action. The information used for this essay is taken from different websites by using the search engines. In this essay we will first assess customary international law and then we will discuss how does state practice and opinio juris are used for the formation of customary international law. In general, it is accepted that two components that are necessary for the presence of customary international law are state practice and an impression that this practice is mandatory, allowed or prohibited, based on the type of the regulation, as a question of law (opinio juris). According to international justice court â€Å"It is naturally self-evident that the object of customary international law is to be searched mainly in the state’s real practice and opinio juris.†4 After the assessment of customary international we continue our essay and start assessing the one of the element of customary international law i.e. state practice. For this purpose the source the use is the book name â€Å"Legal Personality in International Law,† written by Roland Portmann. The content related to the state practice taken from this book is discussed below; To assess the state practice, it has to be considered whether

Feasibility Report ( Accounting Information System ) Essay

Feasibility Report ( Accounting Information System ) - Essay Example o help provide the company with better integrated working and also to meet the needs which include, a) Improved stock taking process, b) Improved customer relationship management, c) Inclusion of Pay Roll software for better calculation of wages and electronic payment to the staff, and d) Inclusion of sales forecast software to help in forecasting the sales easily and effectively. Based on the research two products have been shortlisted which show potential for SkiZone. These include, NetSuite SaaS and QuickBooks Enterprise Solutions 10. 0. A thorough analysis of the features of the two solutions along with relative merits and demerits indicate the effectiveness of using these systems at SkiZone. These solutions are also financially analysed using investment appraisal methods and the cost benefits are identified. It is identified that Quick Books results in higher returns to the company and also increases the value of the company by a significant amount. The cost benefit analysis indicates that the Quick Books Enterprise is the optimum solution for SkiZone covering all the requirements. Stock management and good book keeping play a very important role in every business. It is essential that businesses keep a clear record of all their finances as well as maintain their stocks effectively (Gelinas & Dull, 2009). Keeping a clear track of all aspects of the business will allow the businesses to have better control on the finances and will also allows the company to benefit from other costs like opportunity costs, stock holding overheads and also any possible risk of wastages (Romney & Steinbart, 2008). This report aims at analysing the current position of Ski Zone and investigating the current deficiencies of the systems used as well as recommending alternative solutions to the company in order to develop better stock management systems. The financial aspects of the alternative option have also been included to gain a better overview of the cost – benefit analysis

Sexual Harassment in the Workplace Term Paper Example | Topics and Well Written Essays - 3000 words

Sexual Harassment in the Workplace - Term Paper Example Methodology: The approach adopted is both qualitative and quantitative and primary and secondary sources have been used for research. A questionnaire was distributed to 50 participants in order to collect information about experiences concerning sexual harassment (either faced by them or witnessed). Findings and Inference: Majority of the respondents revealed that women, mostly low skilled ones are mainly exploited in different workplaces. Secondary research findings also support this. Hence it can be said from the evidence that sexual harassment is a major reason behind apprehensions towards work amongst women. Sexual Harassment in the Workplace Sexual Harassment or sexual annoyance in the Workplace is considered as a great concern for employees as well as for the employers of organizations and institutions across the globe. The Equal Opportunities Commission (EOC) has been highly concerned about the occurrence of sexual harassment at workplace since its inception in 1975. Various c ases of sexual harassments are registered in local justice courts of countries across the globe. The emergence of the term called sexual harassment has been traced in North America back in mid 1970s. Sexual harassment has been defined by the following two ways: â€Å"Harassment related to sex.... The research seeks to answer the question ‘whether sexual harassment might be one of the reasons why people, especially women are apprehensive about joining an organization.’ Literature review: The Civil Rights Act of 1964 and Title VII of the act has been highly instrumental in providing greater amounts of opportunity and freedom for women in the workplace. The most important objective of the title has been to identify as well as to eradicate discriminatory employment practices. These aspects have been used in the act for the purpose of providing equal opportunities in respect to each and every aspect at the workplace. However, despite all these legal provisions for reducing the level of sexual harassment in different workplaces across the country, in actual practice this problem has not been solved at all. Even after four decades of these legislations and regulations, several instances of sexual harassments in public and private workplaces across the country are found. Various recent researches and findings suggest that near about 50 percent of women face one and/or more forms of sexual harassment(s) in their workplaces. A study on sexual harassment in American workplaces, which has been conducted by the National Crime Victims Research and Treatment Center, revealed the fact that almost 10 million women in the country have faced different forms of sexual harassment in the workplace (Jackson and Newman, 706). There are various aspects which are called to comprise the set of most important reasons behind these evidences of sexual harassments in workplaces in the country. Among these aspects most important ones are socio-demographic aspects, the social contact and the spillover effect of sex-role. The socio-demographic profile of a worker reveals

Priority List Essay Example | Topics and Well Written Essays - 250 words

Priority List - Essay Example In the list, Air force Plant 85 appears as number 1 with site identity number by EPA being OH1170090004, Allied Chemical & Ironton Coke appears as number 2 with site identity number by EPA being OH043730217 and Bowers Landfill listed as number 8 with site identity number by EPA being OHD980509616 (EPA, 2012; EPA, 2011; EPA, 2013). Hazardous chemicals listed in the inventory and associated with Allied Chemicals & Ironton Coke include benzene, ammonia, cyanide, naphthalene and Polynuclear Aromatics Hydrocarbons (PAHs) and phenolics (EPA, 2011). The ground water within the site contains all the listed chemicals, which are dangerous to human health. In the inventory list, Air Force Plant 85 characterizes with chemicals that include chlorinated solvents, trichloroethylene, PCBs and hydrocarbons. The site also suffers from contamination with dangerous metals like mercury, chromium and cadmium (EPA, 2012). The groundwater under the site has contaminations of the metals and chemicals, and unhealthy for human consumption. The inventory also features Bowels Landfill site as contaminated with contaminants such as barium, manganese, pesticides, volatile organic chemicals (VOCs), phthalates, lead, polychlorinated biphyenyls (PCBs) and arsenics, which have also infiltrated into the groundwater and making the water unsafe for human consumption (EPA, 2013). The chemicals and metallic substances within the sites infiltrate underground, contaminate and make the underground water unsafe for human consumption. Buying home within the sites can be the least decision considering that residing in the areas is tantamount to deliberate risking of one’s health and life especially if the areas rely on groundwater as primary source of water. However, if municipal authorities connect piped water into the areas surrounding the sites, then one can

Difference between rationalism and empiricism Essay

Difference between rationalism and empiricism - Essay Example Rationalist believe that truth exists and rational and logic can grasp truth. Empiricism Empiricism is a Greek Philosophy Empiricism is a philosophy which bases on experience for knowledge This philosophy establishes that sensory experience is the sole way to gain knowledge Empiricism is related to the material world and phenomenon of universe. Empiricism is related to posteriori knowledge which means knowledge need experience. Empiricism explains that all human ideas are based on some outward experience Empiricsim is a psychological thought. Empiricism is philosophical theory which believe on intelligent assessment of things in universe Empiricist believe that knowledge is gained though experience and not by innate ideas. Plausibility of the theories Rationalism -Rationalism is a theory which is based on logic or rational. It is right that logic is predisposed with us who give us the ability to understand between right and wrong. If a person does not have logic then it is not possib le for him to evaluate experience or gain knowledge. However, logic itself cannot give knowledge, as human being is social beings some kind of experience can complete our knowledge level. The strength of this philosophy is universal and eternal which means that if one person can think then all others can as well. Rationalism makes us independent because we don’t need experience from outside to increase our knowledge. This philosophy believes in innate ideas and hence is natural and pure. The weakness of this philosophy is that only by thinking one cannot gain knowledge. For example ;We can imagine of a strawberry of how it would look like but we can never think of it taste. This is because our brain does not have the faculty to give sense of taste of aching which we never... Rationalism -Rationalism is a theory which is based on logic or rational. It is right that logic is predisposed with us who give us the ability to understand between right and wrong. If a person does not have logic then it is not possible for him to evaluate experience or gain knowledge. However, logic itself cannot give knowledge, as a human being is social beings some kind of experience can complete our knowledge level. The strength of this philosophy is universal and eternal which means that if one person can think then all others can as well. Rationalism makes us independent because we don’t need experience from outside to increase our knowledge. This philosophy believes in innate ideas and hence is natural and pure. The weakness of this philosophy is that only by thinking one cannot gain knowledge. For example, We can imagine of a strawberry of how it would look like but we can never think of its taste. This is because our brain does not have the faculty to give a sense o f taste of aching which we never experienced.Empiricism -The main strength of empiricism is that it believes that knowledge can come only through experience which is obtained through sensory organs. We learn from scientific methods and experiments and gain knowledge more and more. According to this philosophy, the best way to understand things is to see with the eyes. The second strength of empiricism is that it gives experimental reasoning. Here the past experience and observation contribute to the gaining of knowledge.

Making Sense of DNA Backlogs. Evidence Backlog Epidemic Research Paper

Making Sense of DNA Backlogs. Evidence Backlog Epidemic - Research Paper Example Apart from the usual fingerprint analysis, the use of DNA evidence is employed in other relatable areas such as footwear evidence, accounting crimes, vein matching, glove-print analysis and body identification, among others. This means that the use of DNA evidence plays a pivotal role in crime scene investigations, analyzing trace evidence and skid marks. Nevertheless, despite the magnanimity that comes with the use of DNA evidence, the backlog epidemic that is constantly accosting it is undermining its usefulness. Several factors underpin the DNA evidence backlog, as shall be seen forthwith. The seriousness of the matter concerning DNA evidence backlog is compounded by the fact that cases are considered backlogged if 90 days elapse without the DNA evidence having been analyzed, or when the DNA evidence has not been subjected to analysis and the final report tabled before the agency that submitted the DNA evidence. Because of this, the DNA backlog can be split into: arrestee; casewor k; and convicted offender DNA backlog. The main cause of the buildup in coursework DNA backlog is the very nature of coursework DNA gathering exercise. Given that forensic evidence is herein gathered from crime scene, suspects and victims of crime before being taken to laboratory, processing this kind of evidence consumes time. This is because the evidence must be screened to establish the presence of biological materials. After the detecting the presence of biological material, the nature of the biological material must then be determined. Subsequently, the DNA testing begins. In the event that further complications are brought about by degrading and fragmenting of the DNA evidence from multiple victims or suspects, then more time will be required to solve the complication, and thereby making the process more protracted (Nelson, 2010). The foregoing is not the case with the arrestee and the convicted offender DNA which is less amenable to backlogs. This is because, in the arrestee and convicted offender DNA, there are identical media such as paper products which help in analyzing samples. At the same time, standardized collection methods are available to facilitate forensic laboratories to subject different samples to automated analysis at one go. Similarly, arrestee and convicted offender DNA evidence can be subjected to robotic platforms to process several score of samples in a 96-sample format. Additionally, unlike the case of casework DNA sample, the laboratory analyst needs not find the DNA sample amidst the evidence obtained. This means that the DNA evidence backlog

Manager interview Essay Example | Topics and Well Written Essays - 1250 words

Manager interview - Essay Example Richard Branson has expanded his entrepreneurial efforts and diversified his companies to more than 30 countries that include Canada, Australia, United Kingdom, United States, Europe and South Africa. Some of the companies under Virgin Group include Virgin Atlantic airlines, Virgin Media, Virgin Trains, Virgin Music, Virgin Radio, Virgin mobile USA, Virgin Cola, and Virgin Brides (Hellriegel and Slocum 35). Branson engages in several sporting activities as evidenced by crossing of the Atlantic in Virgin Atlantic Challenger II in 1986, hot air balloon crossing in 1987 and sponsorship of various sporting events and teams across the world. Richard Branson is in the top management of Virgin Group and has both human skills and conceptual skills. He has diversified the operations of the companies through various strategies in order to attain high global market share. He has effectively managed organizational behavior through influencing the efforts of employees, transformational leadership , commitment to the organizational objective, motivating the staff and ensuring effective communication in the organization. Accordingly, Richard Branson is good at decision-making and management of stress in the organization (Hellriegel and Slocum 36). ... Answer: Richard Branson claimed that he is capable of controlling negative feelings and emotions. He claimed that he was open to challenges, new experiences and perceives failures as learning opportunities. Richard Branson went further to assert that emotional intelligence entails self-awareness, respect for others and emotional stability in order to regulate both one’s emotions and those of colleagues in the organization. . c) What are the critical values that are central to your success as a business leader? Answer: He outlined that commitment, self-confidence, tolerance, persuasiveness and positive attitude are some of the values that have enabled him grow successful enterprises and enter competitive niche markets across several industries. He claimed that his commitment to success is evident in his record-breaking crossing of Virgin Atlantic and numerous innovative products that Virgin Group has offered to its clients. d) How do you deal and handle criticism? Answer: He cl aimed that he perceives criticism as productive and essential to innovativeness and creativity. He is positive about constructive criticism and is open to challenges and new ideas that aim at ensuring organizational learning and implementation of innovative solutions to various societal problems. e) What is your approach to management of conflicts in your organization? Answer: Richard Branson started by outlining that conflicts in the organization are inevitable due to task conflicts, differences in personality, cultural differences and differing opinions. He claimed that he is capable of making conflicts constructive through enabling conflicting parties understand the sources of conflicts, encouraging cooperation and collaboration in solving the conflicts