Beethoven Concert Symphony No 6 free essay sample

The â€Å"Pastorale† Symphony and the â€Å"Emperor† Piano Concerto, one named by Ludwig van Beethoven and the other by a friend, are splendid examples of Beethoven’s musical acumen. These pieces are more formally known as Beethoven’s Symphony No. 6 and Piano Concerto No. 5. This concert report will cover both pieces and will contain my impressions of each piece. Symphony No. 6 â€Å"Pastorale† was performed by the Deutsche Kammerphilharmonie Bremen, and was conducted by Paavo Jarvi during their Beethoven series. Piano Concerto No. 5 â€Å"Emperor† was performed by Murray Perahia (Piano) accompanied by the Academy of St Martin in the Fields, conducted by Neville Marriner. The dates of the performances are not known because this is a review of an E-concert recording. I will begin with the piece that was personally named by Ludwig Van Beethoven, â€Å"Pastorale† â€Å"Pastorale† is a five movement symphony, the only one with five movements that Beethoven wrote. Each movement is individually titled although Beethoven noted that the names were merely suggestions and were not to be taken literally (Classicalmusiceducation. We will write a custom essay sample on Beethoven Concert Symphony No 6 or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page com). The music does however seem to match up beautifully with the titles. The first movement is titled; Awakening of Cheerful Feelings on Arriving in the Country, Allegro ma non troppo and begins with an opening drone. The piece has a very quick, but somehow leisurely pace that repeats itself in a typical sonata form. Themes emerge, but do not seem to be in conflict as in other symphonies, there is a lack of noticeable tension. Imagine a forest, with the sounds of nature in perfect harmony, the winds rustling through the trees and birds chirping and singing. The movement concludes with a coda comprised of a powerful increase in volume and emphasis with a return to the opening theme as basses join in. The second movement is titled; Scene by the Brook, ‘Andante molto mosso’ and continues the calm and relaxed mood set in the first movement. This movement seems to be in variation form. A gentle melody develops and the music seems to quicken. A completely new tune is introduced by a bassoon that is repeated several times. The themes are passed from woodwinds to strings and back to the full orchestra several times. Woodwinds seem to represent bird calls throughout the movement further adding linkage to the title. The end is marked by a flute and clarinet in a virtual bird conversation. This appears to be a cadenza before the completion of the warm and rich movement. The third movement is titled; Merry Gathering of Countryfolk, ‘Allegro’, This movement is a classic scherzo in triple meter. The opening theme is conducted by the entire orchestra. This movement is in great contrast to the first two, much faster and more powerful. The scherzo gives way to a trio that is quite energetic. The woodwinds are splendid in their representations of birds again. The Scherzo seems to repeat in a a compressed fashion. The movement ends with a strong cadence that ends sharply and shifts to the next movement. The fourth movement is known as; Thunderstorm ‘allegro’. The bass is deep and vibrant, the woodwinds pierce the air, and the entire orchestra create a powerful stormy atmosphere. The rise and falls of this piece are dramatic and enhanced by the strings piercing anxiety. The sounds seem to shake the environment, rhythm is hard to detect, everything is crashing and disjointed, much like a real storm. Suddenly there is calm as if the storm has dissipated and the beautiful country side has reappeared. The fifth and final movement is called; Shepherds’ song, Glad and Grateful after the Storm ‘Alegretto’. The main theme is introduced by clarinets, horns and violins. The main theme is repeated several times with variations as the woodwinds are intermixed. The entire orchestra joins in an extended transition as the opening materials are reintroduced. There is an extended coda and the main theme is varied. There does not seem to be a climax in the ending, just a final strong cadence and a magnificent sense of completion that is enlightening. The five movements of Beethoven’s Symphony No. 6 â€Å"Pastorale† draw listeners in with a quick, but leisurely tempo and rich developed movements. The symphony seemingly flows and fits the titles beautifully. It is easy to paint a picture of a noble countryside, nature, and all the activities it entails. Beethoven’s Piano Concerto No. 5 â€Å"Emperor† is a three part traditional concerto, an Allegro, Adagio, and the Rondo. This concerto was named Emperor because of the powerful themes and heroic note of the composition (www. all-about-beethoven. com/concerto5. html). The opening of the concerto brings a main theme introduced by a solo piano with the full orchestra providing a dramatic presence of several chords. The piano flourishes grow in length until reaching a cadenza after the third time. The full orchestra joins in and carries the theme into the full exposition. The theme is bold with a pleasant interjection of a second subject that seems to tiptoe through the movement. The orchestra stays in the tonic key as the piano modulates and reaches a wide variety of tones as the scales are worked. The development of the movement effectively flips the lead. The orchestra now leads and the piano accompanies. The main theme rhythm is reinforced by a powerful bassoon. The coda is lead by horns and joined by the rest of the orchestra to a thrilling close. The second movement is a slow movement and begins quietly with a simple main theme presented by strings. I felt like I was in church. The melody of the movement makes it seem simple but it still has many variations within. The original theme is maintained within the development in a very refined and deliberate way. This movement evokes clarity and relaxation. The piano builds to a crescendo and backs away as if were weeping. The piano is seems to fade away as a low woodwind plays long notes and sustains the theme. A very low tone on the piano and woods is held for long periods and then the piano dashes out vibrantly and the orchestra joins in a spirited conclusion of the movement. The third movement is a classic rondo that seems to begin without a distinct break from the second. The piano again traverses the scales dramatically and is accompanied by the orchestra. The drums fade as the piano solo fades out. With the pause, the piano jumps aggressively back into the chromatic scales which are a foundation of the themes throughout the concerto. The orchestra is along for the ride to a rapid and powerful finish. The â€Å"Pastorale† symphony and Piano Concerto â€Å"Emperor† present dynamic representations of nineteenth century music which represented more direct and unrestrained emotions (Strayer 209). Both pieces are energetic and lead the listener through a winding path of emotion.

Hitlers Legacy essays

Hitler's Legacy essays An old adage says, "absolute power corrupts absolutely". Nothing could be used to better describe the life of Adolph Hitler. Born in Austria in 1889, Hitler eventually ended up as part of the German Army in World War I. After the war Hitler managed to become one of the most powerful men in the world through his mastery of public speaking. Through gaining political power Hitler could realize his philosophic dream of "The Third Reich". Unfortunately, while trying to fulfill his dreams of this utopian society, he put the world on the brink of destruction and left over thirty million people dead in his wake. He was born in Austria, but he fought as a soldier in World War I for Germany and soon became dictator. He wanted to create a perfect world, called The Third Reich, which consisted of one race, which he considered pure. Hitler gave speeches and had many strange ideas and beliefs; few people took him seriously, but enough for him to gain power. Hitler became the dictator of Germ any; immediately, he broke the previously made peace treaty, which banned him from expanding the borders of Germany. The result of his murderous actions left over thirty million people dead, six million of them Jews. Adolf Hitlers goals were to lead The Third Reich. (Zaia) Adolf Hitler lived in Austria-Hungary as a boy; with dreams of becoming an artist. On April 20, 1889, Hitler was born as the fourth child of Klara and Alois Hitler. He was born in Braunau am Inn, Austria-Hungary, which was a nation in central Europe. (Academic American Encyclopedia) His father had a good job in the civil services; thus, Hitler had a nice and comfortable life as a child. Hitler started going to high school when he was eleven. He was educated in a public school. With his grades being above average, he was able to attend Realshule, which was a private secondary school. His father wanted him to be involved in Civil Services when he grew up, but Hitler wanted to be an...

Analysis of Small Molecule Analogues of the helminth immunomodulator Dissertation

Analysis of Small Molecule Analogues of the helminth immunomodulator ES-62 for inhibitory effects on mast cell function - Dissertation Example However, particularly in countries where helminth infections are endemic, these diseases remain comparatively rare. There is increasing evidence indicating that helminth infections and inflammatory diseases share an inverse relationship. Therefore, helminths have been the focus of recent studies. William Harnett and his team discovered an immunomodulator ES-62 secreted by a parasitic worm that is known to hold a strong cure for allergic and autoimmune diseases, such as asthma and arthritis. However, there are some practical implications associated with a high level of ES-62 production that renders it unable to be used as a drug. Hence, it is hypothesized that synthesis of ES-62 derived SMAs based around its Phosphorylcholine moiety can mimic the effect of the parent molecule and have a potential to be used as a drug for clinical trials. This project investigated the effect of SMAs on mast cells by implementing the Rat Basophilic leukaemia degranulation assay in which SMA 53 and SMA S 3 were found to inhibit Fc?RI-mediated mast cell proliferation. Also, a substantial decrease was observed in IL-6 and TNF-? cytokines production. The data presented here established that some SMAs certainly have potential to induce the same effects as ES-62 and thus to be used as a therapeutic agent. Introduction Tropical parasites disease affects millions of people throughout the developing world. These infectious diseases cause long term suffering which leads to significant economical damage. For this reason, The World Health Organization has committed to fight and extirpate many of the most costly diseases (W.H.O, 1990). 1.1 Filarial nematode Filarial nematodes are thread like worms that infect up to 1/3 of the human population and cause diseases such as river blindness and elephantiasis (Harnett and Harnett, 2010). People infected by these worms appear to be comparatively asymptomatic, even when they are carrying a noticeable parasite burden (Harnett et al., 2010). According to a number of reviews, infected individuals can harbour more than one type of parasite, but major tissue habitants of humans are the filarial nematodes which usually live in the lymphatic system or the subcutaneous tissue (Harnett and Harnett, 2008a; Schmidt and Roberts, 1989). Infection with such worms is transmitted to humans by blood-sucking insects that act as an intermediate host; they do this by transferring L3 stage larvae to humans (Harnett and Harnett, 2008a). Fig. 1: This diagram illustrates the life cycle of filarial nematode and how the worm is transmitted into the human body [6]. The duration of these infections are very long as an individual worm can survive for up to 10 years, which indicates the importance of this parasitic worm in the medical field (Harnett et al., 2010; Harnett and Harnett, 2008a; W.H.O, 2000). Over the past decade it has been hypothesised that filarial nematodes may protect against autoimmune and allergic inflammations. For this reason, parasitic ne matodes have been involved in many recent studies and there is now enough evidence to prove that nematode-derived immunomodulators play a fundamental role in preventing inflammatory diseases in the human populat

Human resources-labor relation Essay Example | Topics and Well Written Essays - 500 words

Human resources-labor relation - Essay Example A good location in this sense implies to a locality that has access to cheap raw materials. The availability of raw materials at a low cost should be considered and should be among the determining factors (Hartmann, 1998). Labor costs- the other factor that should be considered in the making of the decision is the availability of cheap labor. The costs of the company should be kept as low as possible so as to ensure that the company increases the profit levels by cutting on costs (Adams, 1995). Level of efficiency- the efficiency of the various plants should be considered. Efficiency is a major contributor to productivity that results to profitability. Efficiency in this situation should be analyzed on the level of machine output and the productivity of the employees working in the various plants (Adler, 1991). Labor laws- the labor laws in the various states in which the plants are located should be considered. There are some laws that would not work well with the closure of a plant and the laying off of employees. The labor laws can be executed by the labor unions that exist. Labor unions may demand for the compensation of the employees who will be rendered jobless as a result of the plant closure. The amount of penalty that is associated with the closure should be kept at a minimal. Level of demand- the demand levels in which the plants are situated should be considered. There are some areas that have a higher demand for the company products and such a plant should be maintained so as to ensure that the demand is capitalized (Forteza, & Prieto, 1994). Tax rates - different states usually have different tax laws. The states that have lower tax rates should be considered over areas that have high rates of tax. Reduction on tax cost would lead to a reduction on the costs that are attributable to the company and that will lead to the company achieving its aim of maximizing profit levels. Experience of employees and

MARKETING PLAN FOR CIGAFLAVA Essay Example | Topics and Well Written Essays - 2750 words

MARKETING PLAN FOR CIGAFLAVA - Essay Example A company analysis is reported as an internal review using SWOT analysis and competitive analysis with the rival cigarette brands. It also includes a consumer analysis where the company aims at targeting young adults and social smokers as a market entry strategy. The financial overview is discussed in the report. The overview will cover the allocation of resources on the different processes of the company as well as the share of each marketing promotion strategies on the marketing budget. A sales forecast is included that will tell how much the company will generate in revenues for the whole year. An implementation plan is also illustrated on the report. The activities are focused on the different marketing tools that the company will utilize in order to gain market share. In order to ensure the success of the marketing plan and its activities, several control areas are identified for monitoring. Deblyn Enterprise's mission is to provide the highest quality and lowest cost of flavored cigarettes for the market. The company exists to attract customers and satisfy customers' needs. The company will ensure success by developing and promoting a niche product - flavored cigarettes. Cigaflava and its sub-products will exceed the expectations of the company's customers. It is the objective of the company to maintain a steady sales growth for Cigaflava each quarter. It will continue to increase market penetration in the US by 2% per quarter. The company will increase brand awareness for Cigaflava and its uniquely flavored cigarettes. Situational Analysis The tobacco industry is deeply rooted in the US history. During the period of the early settlers, the export of tobacco to England had financed the shipment of essential goods to the country. Tobacco became their lifeblood. Today, tobacco sales continue to play a major role in the US economy. The cigarette industry segment has become an important segment for tobacco. In the 20th century, cigarette smoking is the leading form of tobacco consumption. In industrialized countries such as the US, cigarettes disproportionately influence tobacco spending. It is on this industry segment that Cigaflava aims to enter into. SWOT Analysis The following SWOT Analysis encapsulates the key strengths and weaknesses within the company and illustrates the opportunities and threats facing Deblyn Co. and its Cigaflava products. Strengths The strength of the company lies on the niche product - flavored cigarettes. It is a growing new industry and the company is prepared to exploit it. The products are new flavors in the market. It is made with a strong flavor but with low

Workers Participation In Management Management Essay

Workers Participation In Management Management Essay Workers participation is a system where workers and management share important information with each other and participate in decision taking. Workers participation in management is an essential ingredient of Industrial democracy. The concept of workers participation in management is based on Human Relations approach to Management which brought about a new set of values to labor and management. Workers participation in management implies mental and emotional involvement of workers in the management of Enterprise. It is considered as a mechanism where workers have a say in the decision-making. It is a process by which authority and responsibility of managing industry are shared with workers. Objectives of Workers Participation in Management: Economic Objective: Workers participation in management aims at increasing productivity of labor by improving cooperation between employer and employees. Productivity is sought to be increased by improving job satisfaction and industrial relations. Social Objective: Under participation, industry is considered as a social institution in which each and every worker has a vested interest. The purpose of participation is to ensure human dignity and to get the workers a respectable status in the society. Psychological Objective: Workers participation in management seeks to bring about a change in the attitude of the workers. Through participation, they will consider themselves an integral part of the industry rather than mere working hands. Participation provides the employees an opportunity to express themselves thereby satisfying their non-economic needs. It provides them a sense of belonging, pride and accomplishment. Importance of Workers Participation in Management: Workers Participation in Management provides the following benefits: Mutual Understanding: Participation brings the two parties closer and makes them aware of each others problems. As a result, a better understanding and mutual trust can be created between employer and workers. Higher Productivity: Cooperation between management and labor helps to increase production and profits of the industry. Participation improves employee motivation and job satisfaction which in turn help to increase their efficiency. Higher productivity leads to lower costs per unit and greater profits which are beneficial to all. Industrial Harmony: Workers participation in management helps to reduce industrial disputes and to improve workers loyalty. Continuous dialogue between management and workers improves peace in industry. Industrial Democracy: Workers participation in management ushers in industrial democracy which is necessary for political democracy. Need for outside intervention between employer and employees is eliminated and workers are freed from exploitation. Less Resistance to Change: Workers often resist change due to fear and ignorance. When workers participate in the decision making, they come to understand that change is ultimately in their own interest. They become more able and ready to adopt themselves to technological and other changes made to improve the competitive position of the company. Creativity and Innovation: Participation encourages workers to think and take initiative. Their talent and ability can be capitalized; highly competent employees can be spotted and given prevention. Forms / Methods of Workers Participation in Management: Suggestion schemes: Participation of workers can take place through suggestion scheme. Under this method workers are invited and encouraged to offer suggestions for improving the working of the enterprise. A suggestion box is installed and any worker can write his suggestions and drop them in the box. Periodically all the suggestions are scrutinized by the suggestion committee or suggestion screening committee. The committee is constituted by equal representation from the management and the workers. The committee screens various suggestions received from the workers. Good suggestions are accepted for implementation and suitable awards are given to the concerned workers. Suggestion schemes encourage workers interest in the functioning of an enterprise. Works committee: Under the Industrial Disputes Act, 1947, every establishment employing 100 or more workers is required to constitute a Works Committee. Such a committee consists of equal number of representatives from the employer and the employees. The main purpose of this committee is to provide measures for securing and preserving amity and good relations between the employer and the employees. Joint Management Councils: Joint consultation is the process whereby employer consults the workers either directly or through their representatives and seeks their opinion on various issues while retaining to him the right of taking final decisions. Joint consultation is a popular form of popular participation in management. These councils consist of equal number of representatives of the employers and employees, not exceeding 12 at the plant level. The council discusses various matters relating to the working of the industry. This council is entrusted with the responsibility of administering welfare measures, supervision of safety and health schemes, scheduling of working hours, rewards for suggestions etc. Work directors: Under this method, one or two representatives of  workers are nominated or elected to the  Board of Directors. This is the full-fledged and highest form of  workers participation in management.  The basic idea behind this method is that  the representation of workers at the top-level would  usher Industrial Democracy, congenial employee-employer relations and safeguard the workers interests. The  Government of India introduced this  scheme in several public sector  enterprises such as Hindustan Antibiotics, Hindustan Organic Chemicals Ltd etc. However the scheme of appointment of such a  director from among the employees failed miserably and the  scheme was subsequently dropped. Co-partnership: Co-partnership involves  employees participation in the share capital of a company in  which they are employed. By virtue of  their being shareholders, they have  the right to participate in the  management of the company. Shares of the  company can be acquired by workers making cash payment or by way  of stock options scheme. The basic objective of stock options is not to  pass on control in the hands of  employees but providing better financial incentives for  industrial productivity. Shop councils: Government of India, on the 30th of October 1975 announced a new scheme in WPM. In every Industrial establishment employing 500 or more workmen, the employer shall constitute a shop council. Shop council represents each department or a shop in a unit. Each shop council consists of an equal number of representatives from both employer and employees. The employers representatives will be nominated by the management and must consist of persons within the establishment. The workers representatives will be from among the workers of the department or shop concerned. The total number of employees may not exceed 12. Workers Participation in Management in India: Workers participation in Management in India was given importance only after Independence. The workers participation in management is not new even though it got encouragement only after independence. In 1920, Mahatma Gandhi observed Employees should not regard themselves as sole owners of mills and factories of which they may be legal owners. They should regard themselves trustees. Industrial Disputes Act, 1947 was the first step in this direction, which recommended for the setting up of works committees. The joint management councils were established in 1950 which increased the labor participation in management. Since July 1975 the two-tier participation called shop councils at shop level and Joint councils were introduced. Workers participation in Management Bill, 1990 was introduced in Parliament which provided scope for upliftment of workers. But still in India, workers participation is not given so much importance because of some of the reasons. These reasons could be discussed below. Reasons for Failure of Workers Participation in India: Some of the reasons for the failure of Workers Participation in India can be are as follows: Employers have by and large resisted workers participation in decision-making. They feel that workers are not competent enough to take decisions. There is no clear evidence to convince managers that participative management will really lead to higher productivity and profitability. Lower level needs of workers are not fully satisfied. Therefore majority of Indian workers are not motivated enough to assume decision making responsibility either directly or through their representatives. Workers representatives who participate in management have to perform the dual role of workers spokesmen and co-managers. Very few representatives are competent enough to assume the two incompatible roles. Generally trade union leaders, who represent workers, are also active members of political parties. While participating in management they give priority to political interest rather than the interests of the workers. Schemes of workers participation have been initiated and sponsored by the government. There has been a lack of initiative on the part of both the employers and the trade unions. The focus has been on participation at higher levels. As a result rank and file of workers are not involved in decision making on matters directly affecting them. In India, labor laws regulate virtually all terms and conditions of employment at the work place. Workers do not feel the urge to participate. The unwillingness of the employer to share powers with the workers representatives, the disinterest of the workers and the perfunctory attitude of the government towards participation in management act as stumbling blocks in the way of promotion of participative management. Measures for making Participation effective: Employer  should  adopt a  progressive  outlook. They should  consider  the industry as a joint endeavor in which  workers have an equal say. Workers should be provided and enlightened about the benefits of their participation in the  management. Employers  and workers should agree  on the  objectives  of the  industry.  They should recognize and respect the rights of each other. Workers and their  representatives should be provided education and trainingin the  philosophy and process of participative management. Workers shouldbe made aware of  the benefits of participative management There should  be effective communication  between  workers  and management and effective consultation of workers by the management in decisions that have an impact on them. Participation  should  be a continuous  process.  To begin  with, participation should start at the operating level of  management. A mutual co-operation and  commitment to participation  must be developed by both management and  labor. Modern scholars are of the mind that the old adage a worker is a worker, a manager is a manager; never the  twain shall meet should be replaced by managers and workers are partners in the progress of business. Thus the above given are some of the measures to improve upon the failure of workers participation in India.

Cultural theory and the meanings of money :: Business and Management Studies

Cultural theory and the meanings of money Couples and their money: theory and practice in personal finances Four perspectives draw on: * Economics and rational choice theory * Social structural approaches * Psychological approaches * Cultural theory and the meanings of money. According to classical economic theory money has four main functions: †¢it is a medium of exchange, †¢a store of value, †¢a unit of account, †¢a standard of deferred payment. Perspectives within economic theory relevant to personal finances: †¢fungibility This notion is standard in classical economic theory and means that money is considered to be neutral and interchangeable, so that any unit of wealth is substitutable for any other (McCloskey, 1987). †¢rational choice theory This assumes that people make reasoned choices in order to maximise their overall welfare or utility. Rational choice theory lays stress on the importance of information in facilitating the efficient working of markets and of consumer choice. Daniel: I have a high interest account with First Direct as well. And then I have another savings account which is slightly lower interest. The high interest savings account has a penalty on withdrawals, so I keep a sum of money in there stable which I don’t draw on. If I have extra spending, or I need to top up my current account in case I’m going overdrawn, that comes from the third, lower interest account which I keep for small amounts. When I have a surplus at the end of the month in my current account I transfer across to the high interest account as much as I can. Daniel’s economic rationality extended to credit cards and Air Miles. He explained about his American Express Gold Card: I use that for my purchases because I get Air Miles on that, so all my purchases I get Air Miles and I transfer that to my various Air Miles accounts. I originally got a Gold Card because they did a special offer, had one free for a year, and so I gave up after a year. Said ‘No thank you. I don’t want to pay for a card’. Oh well, another card arrives free for a year, so I said, ‘Fine’. Pahl, J. (2001) ‘Couples and their money: theory and practice in personal finances’, in R. Sykes, C.Bochel and N. R. Ellison, Social Policy Review 13, Policy Press Bristol. Rosie: If I’ve got to have dealings with them for money, I like to know that it’s only a certain number of hours†¦ I like restrictions of banking hours; I do quite like that. I’m old fashioned, completely opposite to Daniel. If he sees that something is wrong with one of

Policy Development Paper

Policy Development Paper Policy Development Paper October 07, 2009 Policy Development Paper This paper will be focused on a terrorism security policy for large events. This paper will also include statistical, factual, and public opinion history information which will support my policy claim. All stake holders such as: politicians, judges, prosecutors, defense attorneys, correctional officers and administrators, law enforcement officers and administrators, victims, law-abiding citizens, will be included in this paper. Furthermore, their opinions as their opinion relates to my proposed policy and how politics may impact my policy implementation. Additionally, I will provide policy recommendations and the rationale for these recommendations and their impact on contemporary criminal justices issues and globalization. Terrorism is violent acts which is used to create fear or terror. Terrorism is very dangerous because the people who use terrorism which are called terrorist do not fear for their own life therefore, they will not care about anybody else life as well. A terrorist is one that engages in unlawful use or threat of violence against the public as a politically motivated means of attack† (Peace takes Courage, 2009). Another thing about terrorism is that terrorism can come from anyone or any where. Terrorism is man made as well so we must also keep that in mind. All through history, there has been threats made about the security of many nations. The threats that were made and carried out have caused a large scale loss of life, destroyed property, wide spread illness and injury, the displacement of large numbers of people, and lastly economic loss. When a country is harmed by terrorism the loss is great rather the loss is of lives or money. Terrorism is a very scary thing and a very serious thing as well because people who are terrorist do not care about anything but power and if they do not have the power they desire they will do what ever, they want until they get the power they want. The attacks of September 11, 2001 showed everyone in the United States that we were vulnerable to terrorist attacks. As a result of the attacks we have now created a way to fight back nd keep ourselves protected from terrorist. The first thing we did was create the Department of Homeland Security. There are three goals that are to prevent terrorist attacks in the United States. Next, they are to lessen the vulnerability to terrorism. The last goal of the Department of Homeland Security is to minimize the damage from potential attacks and natural disasters. The next thing they did to help keep us protected was create tool that is to keep everyone updated about terrorist threats. The tool is the color coded terrorism risk advisory scale. According to (the Department of Homeland Security) â€Å"this scale was created in 2002, with the idea that it would help notify the American population the probability level of terrorist activity and or threat. For the most part seems that the warning stays at elevated and that many people have come to mock the system. † Another thing that was created because of the terrorist attacks was the Patriot Act. The Patriot Act is a set of laws which are suppose to protect us, as a result of September 11, 2001. Another thing about the Patriot Act is that the Patriot Act is a 300 page document. According to (Girl, 2005) â€Å"This is stated in Section 213 of the Patriot Act which allows for the government to delay the notification of search warrants. With the protection of the fourth amendment the authorities are supposed to notify you of the warrant by knocking on the door before entering your home. This does not exist with the Patriot Act. The authorities only need probable cause to search and seize anything within your premises or person. The Patriot Act is good in one way and bad in another way. The next thing that was created as a result of 9/11 is the Terrorism Risk Insurance Act of 2002 (TRIA). â€Å"Marked a departure from existing federal catastrophe insurance market policy in several respects† (Lakdawalla, Zanjani, 2005). Terrorism has caused a lot of nations to tighten up on their security which is a good thing because every citizen deserves to feel safe. All of the new se curity we currently have is good because as long as the security is tight we as a nation is safe. Terrorism is all about keeping people scared and feeling unsafe. This new policy will help end that feeling and make everyone feel comfortable. This new policy will be on the federal level because on the federal level more powers can be granted and we need more power when combating terrorism. Here is the policy rules:  · All agencies are to report on a monthly basis to the head quarters.  · When there is a active threat each state must be warned.  · Each state must have some type of security precautions in place.  · All federal agents should be on the watch 24/7. There should be doubled the number of intelligence analysts and also tripled the amount of linguists within the entire agency.  · The agencies should also make sure that the terrorist financing is frozen because with out money their operations will have a very hard time surviving.  · All information must be shared with law enforcement and intelligence partners worldwide because they all need to be informed when t heir lives and their citizens lives are in danger after all that is why we are here in the first place to ensure the safety of everyone. Lastly all agencies should also be on the look out for weapons of mass destructions by getting rid of their weapons they will not have a way to fight back weapons of mass destruction would include guns, bombs, dangerous toxics, missiles, and etc. this policy should be followed because this policy was created to help keep everyone safe. I would first like to say that implementation is the realization of an application, or execution of a plan, idea, model, design, specification, standard, algorithm, or policy. When this policy is about to be implemented politics play a major role because politics will have to approve the policy. Politics will also have to approve funding for this policy without the help of politics my policy will not survive. Politics are needed when ever something has to pass into law. Politics also affect how problems are defined and if they will be on the governmental agenda for action. According to (Dievler, 2009) â€Å"politics also affects the implementation process, not only in terms of coalitions and the media, but through the politics of the administrative or bureaucratic process as well. The next thing that would include the implementation of this policy would be law enforcement officers and administrators. They would be included because local law enforcement officers are needed to help keep the communities under control and to help with law and order. Local law enforcement officers are always needed because their job is to keep everyone safe. They must also enf orce the law therefore they are the perfect candidates to help with my policy. Also the implementation of my policy. If the policy is implemented right there will not be any victims however, if there are some victims then they should follow the rules their government has in place. As well as the law- abiding citizens. If everyone follow procedure then there should not be any problems with the implementation of this policy. The policy which is titled the policy to prevent terrorist attacks was created to help keep everyone safe. This policy was also created to avoid being vulnerable like we were for 9/11. There were not any statistics to help with the implementation of this policy. However, the history of terrorism is a different story. The history of terrorism is very different from terrorism today. In 1944, the terrorists group of Palestine, called the Zionists, were called freedom fighters and if you happened to look in the history there were two Israeli prime ministers, including Menachem begin appearing in wanted posters that said terrorists, reward [this much]. According to (Terrorism- Research, 2009) â€Å"The earliest known organization that exhibited aspects of a modern terrorist organization was the Zealots of Judea. Known to the Romans as sicarii, or dagger-men , they carried on an underground campaign of assassination of Roman occupation forces, as well as any Jews they felt had collaborated with the Romans. Their motive was an uncompromising belief that they could not remain faithful to the dictates of Judaism while living as Roman subjects. † The history of terrorism is very different from the terrorism of today. Also according to (Terrorism- Research, 2009) â€Å"The French Revolution provided the first uses of the words â€Å"Terrorist† and â€Å"Terrorism†. Use of the word â€Å"terrorism† began in 1795 in reference to the Reign of Terror initiated by the Revolutionary government. The agents of the Committee of Public Safety and the National Convention that enforced the policies of â€Å"The Terror† were referred to as ‘Terrorists†. As for public opinion they are all over the place. However, the public is more worried about another terrorist attack more than anything else. Therefore, the public is willing to accept any policy as long as the policy will keep them safe. And because of that politics take advantage mainly because they know that people will make a sacrifice if their safety is in danger. According to (Girl, 2005) â€Å" The events of September 11, 2001 have forever changed the way that we as Americans look at outsiders. We have become skeptical of anyone who is not as we expect them to be. † In short public opinion is driven by fear and if the bigger the fear the more people are terrified. If the terrorist threats are weak the public is not afraid but if the terrorist threats are strong and powerful the public will be very afraid and they will give the terrorist all the power they need. That is the public opinion on terrorism. Now, I will attempt to give policy recommendations and the rationale for these recommendations and their impact on contemporary criminal justices issues and globalization. There are not to many recommendations I can give on policing however, I will try to. One recommendation would be to make a policy that do not harm or rights this is important because our rights are all we have and if they are taken away we will not have anything. Our rights are very important. The next policy recommendation would be to make sure everyone is save safety is very important. Another good policy recommendation would be to create policies that will catch terrorist quicker. As for the first recommendation the rationale is that according to (Girl, 2005) â€Å"There are many violations but one of the most controversial is the violation against our fourth amendment rights. † This recommendation do not interfere with the criminal justice system or globalization. There are not a rationale for the second recommendation and the second recommendation do not effect globalization. There also is not a rationale for the last recommendation as well and the last recommendation do not interfere with the criminal justice and the last recommendation do not effect globalization. Globalization has made way for free trade and business and has communication between various parts of the globe. Therefore, globalization will not have any thing to do with the policy recommendations I have made. In conclusion, I would like to say that terrorism is very bad and very scary as well. Terrorism can cause a lot of damage and harm a lot of people. All major points were talked about in this paper. The policy I created was also included and to me the policy I created was pretty good. Lastly, I discussed the politics a lot more than anything else mainly because politics play a major role in policy making. Well, this concludes my paper I hope you enjoyed reading this paper because I did put a lot of work into this paper. References: Dievler, A. (2009). Politics and Policy Making. Retrieved on: October 08, 2009. From: http://www. pubmedcentral. nih. gov/pagerender. fcgi? artid=1508936&pageindex=1 Girl, M. (2005). Terrorism and Policy. Retrieved on: October 8, 2009. From: http://www. associatedcontent. com/article/14236/terrorism_and_policy. html? cat=37 Lakdawalla, D. , Zanjani, G. (2005). Terrorism insurance policy and the public good. Retrieved on: October 09, 2009. From: http://works. bepress. com/cgi/viewcontent. cgi? article=1032&context=darius_lakdawalla Peace takes Courage. (2009). What is a Terrorist? Retrieved on: October 9, 2009. From: http://www. peacetakescourage. com/terrorist. html Terrorism- Research. (2009). Early history of terrorism. Retrieved on: October 09, 2009. From: http://www. terrorism-research. com/history/early. php

buy custom The Controversy Over Sex Education essay

buy custom The Controversy Over Sex Education essay One of the most controversial issues today is sex education. This is an issue that affects nearly every American family. Nearly nine out of ten public school students have at least one sex education course at some time between 7th and 12th grade, and 95% of public secondary schools teach some form of sex education (Sex Education in, 2002). The purpose of sex education classes is to give students information that will help them avoid sexually transmitted diseases (STDs) and unwanted pregnancies. The debate is focused around two alternatives, abstinence-only education and comprehensive sex education. Abstinence-only education teaches children to abstain from sex until they are married. Abstinence, proponents of this alternative say, is the only way to be totally safe from STDs and unwanted pregnancy. Comprehensive sex education teaches children about contraception as well as abstinence as a means of birth control and disease prevention. History of the Controversy The first step to understanding the controversy over what type sex education is best is to understand why sex education is needed. There are two reasons: disease prevention and the prevention of unwanted pregnancies. Sexually transmitted diseases, or STDs, are a widespread health problem in the United States. In 2009, 1,244,180 cases of Chlamydia trachomatis infection, 301,174 cases of gonorrhea, 13,997 cases of PS syphilis were reported to the Centers for Disease Control and Prevention (CDC). The number of Chlamydia trachomatis infections is the largest number of cases ever reported to CDC for any condition (Centers for Disease Control and Prevention, 2010). A total of 35, 825 new AIDs cases were diagnosed in 2009 (Centers for Disease Control and Prevention, 2011). These numbers show that it is important to give young people education that can help them make good decisions and avoid these diseases. When the AIDS epidemic began, states began to pass laws requiring sex education classes. Federal involvement has been in the form of funding for these programs, beginning in 1988. In 1996, Congress passed a law making funds available to states for abstinence-only education. In a 1999 survey of principals, 58% said that their school had a comprehensive sex education policy, while 34% said their school had an abstinence-only policy. (Sex Education in, 2002). Current Controversy Those wo support the abstinence-only method of sex education believe that including information about contraception undermines the message that abstinence from sexual intercourse is the only totally reliable way to avoid STDs and unwanted pregnancy. They argue that talk of safe sex encourages children to have sex at a young age. Many also argue that if students have sex education classes early on, this may cause them to start thinking about sex at an earlier age than they would have otherwise, leading to an increase in teen pregnancies and STDs. Often these people oppose the inclusion of material about homosexuality, bisexuality, and other alternative lifestyles in the sex education curriculum. Further inflaming the issue is the fact that many of the people who oppose the more comprehensive approach to sex education do so for religious reasons. These people are morally opposed to these topics being discussed in the schools and feel that their children are being taught values incompat ible with their own. People who support comprehensive sex education may agree that children should abstain from sex until they are ready for sexual activity. They disagree with abstinence-only supporters about the teaching of contraception methods, however. They feel that it is imperative to teach young people about contraception because many of those young people are already having sex, and many of those who aren't already will choose to do, even if they are taught that abstinence is the best policy. Thus, supporters of comprehensive sex education fear that if young people are not taught proper methods of contraception, more teens will contract STDs or become pregnant at an age when they are not yet ready to care for a child. Also, many homosexual rights advocates oppose abstinence-only programs because these programs teach that a monogamous heterosexual marriage is the only acceptable way to prevent disease. Studies on the Effects of Sex Education on Teen STD and Pregnancy Rates Gerald Oettinger (1999) found that comprehensive sex education was associated with an increase in the number of female students who had sex at a young age, and a small increase in the teen pregnancy rate. These increases were larger for those who received sex education at an earlier age. This supports the claims of the supporters of abstinence-only education that teaching students about contraception encourages risky behavior. Another study found that an abstinence-only program reduced the probability of a teen having sexuall intercourse during the two-year study period from 48.5% to 33.5%. This study also percentages of teens who used condoms when they had sex was the same whether the teens had received abstinence-only education, comprehensive sex education, or no sex education. The children in this study were between 11 and 15 years old, and the average age was 12.2 years. (Jemmott, Jemmott, and Fong 2010) This study shows that abstinence-only programs can delay the time at which teens begin having sex, thus reducing their exposure to disease. A study of the effects of condom distribution to teens found that teens who participated in the program were no more likely to begin having sex at an early age than those who did not (Sellers, McGraw and McKinlay 1994). This contradicts the Oettinger study and supports the contention of comprehensive sex education advocates that teaching children about contraception does not encourage sexual activity. Another study (Mueller, Gavin, and Kulkarni 2008) showed that both boys and girls who had received comprehensive sex education were less likely to have sexual intercourse than those who had not had sex education, and that girls who had sex education were more likely to use birth control than those who did not have sex education. This also contradicts the study by Oettinger. Possible Solutions Regardless of the solution that is chosen, a large group of American citizens will be unhappy with the choice. Such conflicts are inevitable when nearly all children are compelled to attend schools run by a single government. There are some compromises already being made, however. There are now abstinence plus curricula that teach abstinence as the only way to eliminate the risk of pregnancy or infection, but with information on contraception as a way to reduce risk for those who choose to have sex (Sex Education in 2002 ). The conflicting research may also show a partial solution. The Oettinger (1999) study showed that the increase in sexual activity for students receiving comprehensive sex education was greater for those who had sex education early in adolescence. The children who were subjects of the other study (Jemmott, Jemmott, and Fong 2010) that showed an increase in sexual activity had an average age of 12.2. Perhaps it would be best to give younger students an abstinence only education and give older teens a more comprehensive sex education. 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Ship Masters Business The WritePass Journal

Ship Masters Business Ship Masters Business IntroductionBIBLIOGRAPHYREFERENCESRelated Normal 0 false false false MicrosoftInternetExplorer4 st1\:*{behavior:url(#ieooui) } /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman"; mso-ansi-language:#0400; mso-fareast-language:#0400; mso-bidi-language:#0400;} Introduction As per this scenario own vessel was on a voyage charter,if on a voyage charter the ship owner provides the charter party with details of ship particulars,capacity and Registry. The ship shall proceed with reasonable dispatch.Vessel shall proceed with Reasonable dispatch,after this the owner shall undertake to carry the cargo destination. A list of expected perils. The charter agrees to pay freight and provides full cargo,as per voyage charterer if the vessel does not arrives at a certain Port on a certain day ,the cancelling clause gives the charter the full right for cancelling the contract. Own vessel loaded a cargo of high grade steel pipes,On loading some steel appeared to be rusty.None of the concerned parties appointed a surveyor. Own vessel also accepted a letter of indemnity from the seller and signed a clean ‘Bill of Lading’(BOL).A clean BOL means that contains no positive defective condition ,The importance of BOL is it is an evidence of contract and it is a receipt of goods carried. It is the duty of master to check cargo practically as stated in the BOL and if it mets the criteria as stated then he should sign the BOL. By signing a bill of lading   without checking the cargo the Master has become to party of fraud,Due to this no claim will be covered by the PI,In this case Master should have signed a CLAUSED BOL.Its a BOL that contains a positive notation of a defective condition of the cargo covered,material ,of its packaging Own Vessel sailed out with faulty Navigational equipment(RADAR)and this fault was aware to the Master and also the company.this showed that the Master of own vessel did not exercise due-deligence to make the vessel sea worthy and sailed out for Sea with faulty navigational equipment,which   lead to a collision with the container vessel. Due-diligence means all efforts should be made ,So that the vessel meets all the requirements to make the vessel seaworthy. To meet these requirements the vessel shall be properly manned and should have qualified , competent and well trained staff on Board.Ensure that the vessel can proceed to sea without any harm or danger to the Personnel,Property or Marine environment. Ensure that the vessel carries all the necessary equipment as per SOLAS regulations. Also the Equipment, Cargo,Hatches   is well maintained and in good condition.Cargo shall be looked and maintained on board until it is finally discharged.This will ensure that the Master and the company has exercised Due-diligence. The container vessel which had sailed out in a seaworthy condition,this vessel was complying with SOLAS regulations and H-V rules when she sailed out for sea.But a day before the collision the vessel was short manned as 2nd officer was Medically evacuated due to serious injury and rest all officers were working short handed,This lead to short manning which eventually caused fatigue to its officers   and thereby breached SOLAS regulationsThis made the container vessel unseaworthy at the time of collision. But the MCA Guidelines (MSN 1778 (M)),allows a vessel to sail for shorter voyage ,if in incase of emergency ,in the case of short manning ,on a condition that the remaining officers on board are not undergoing through stress or fatigue,due to short manning   and also the ILO guidelines of work are observed(ILO guideline 174),in this   case the owner of the vessel could be had liable ,if apart from breaching SOLAS regulations,the guidelines from MCA has not been followed. Apart from these liabilities ,that has caused by the vessel’s owner due to the breach of statutory regulations and requirements,this incident of collision leads to further liabilities,Own vessel besides the liability incurred by the vessel’s owner due to violation   of article 3 of Hague rules to provide proper documentations and a seaworthy Vessel. Due to collision and the vessel being towed to port of refuge,Liability will also be incurred due to the delay caused in delivery of cargo on time.Also the vessel was loaded with high grade steel pipes,since the vessel collided and suffered collision damage on N0 1 Hold,due to water ingress might have also caused damage to the steel pipes.Expenses incurred due to damage to a ship and its cargo. Own vessel suffered damage at forward N o 1H-port side,which resulted in partial flooding.The container vessel suffered minor Hull damage forward and several containers were lost at sea and some were being jettisoned to help the vessel to prevent water ingress.Master’s duty is to do whatever,necessary or reasonable,so that he can save the ship and cargo from any loss or damage.This allows him   to Jettison the cargo,so that is prudent and safe continuation of the voyage. Both vessels were towed to port of refuge for emergency dry dock repairs. As per Hague Visby rules â€Å" the carrier is bound, before and at the beginning of the voyage, to exercise due diligence†. Make the ship seaworthy. Properly manned, equipped and supply the ship. After receiving the goods into his charge the master or carrier or agent,on demand of the shipper ,issue to the shipper a Bill of lading[1] CONTRACTUAL OBLIGATIONS OF THE MASTER When there is a collision the MASTER shall follow the following steps:- Inform the company,owners,charterers,PI clubs and Port Authorities . EVIDENCE COLLECTION. Details of both the ships. Deck and Engine log books with entries. All the printouts and graphs from bridge equipments. All the navigational charts before and after collision. All navigational equipment in use at time of collision. Weather conditions at the time of incident. At the time of contact the vessels estimated courses and speed. Communications and signals made a the time of collision. Statements from witnesses after collision. Details of VTS or Port Control if any in operation at the time of incident. Mitigate losses to ship owner. â€Å" The owner should exercise burden of proof relating to the exercise of due diligence as the vsls navigational equipment was faulty which eventually led to a collision with the container vessel. Whenever loss or damage has been resulted on account of unseaworthiness the burden of proof of due diligence should be on the carrier or the other person claming exemption under this article. The onus is cast on the carrier in relation to proof of due diligence, until the other party has established that the vessel was unseaworthy and his loss was due to that fact, alternatively the burden of proof should rest with the carrier who is the only party to have access to the whole   fact†[2] A prudent Master should act reasonably as per the regulations to mitigate liabilities. So the vessel’s owners has to protect themselves under Marine Insurance at all times and mitigate liability it is necessary to ensure compliance with statutory regulations and requirements. 2. Salvage: â€Å"As per the scenario the master has two possible choices, salvage options under LOF, or consider a contract of towage ,master should make a risk assessment of the situation in consultation with his senior management team, due to the unreliability of the navigational equipmet ,and damage to the vessel master should not consider moving under his own power, he considered contract of towage or to hire a salvor   which would result in 4 to 5 times more then the contract of towage, however a prudent master shall inform his owners that he considers it necessary to engage a salvor, The next decision is to accept which salvor services, as there are large number of salvors offering their services , often advise is taken from the shore back up team including the Average adjusters before salvors are hired .The master has to ensure that a careful logging of all events is required thru out the salvage operation, while enroute to the port of refuge he must discuss   plan with owners and managers how he will handle the first few hours when alongside and he will need full support of his ship management team†[3] Cargo jettisoned for the safety of vsl will be allowed general average, after collision both vsl proceed to a port of refuge, the expenses of entering leaving such a port shall be allowed as general average, as stated in the York Antwerp rule X. Loss of freight due to cargo damaged or lost or allowed to lost shall be covered under general average. when the damaged cargo is sold   at a loss, General average allowed will be the difference between the net proceed of sale net sound value General average General average In simple is a partial loss caused by or directly consequential upon a general average act. The General Average as defined in the MIA 1906 s. 66 and York Antwerp rule 2004 rules â€Å"There is a general average act where an extraordinary sacrifice or expenditure is voluntarily and reasonable made or incurred in time of peril for the purpose of preserving all the property imperilled in the common adventure’’[4]. As per GA act   damages incurred are usually divided amongst the owner and the shipper,it will depend on the type of charter as to how the expenses will be divided,the Jettisoning of the cargo shall be equally divided between the owner and the   shipper. In the given scenario the vessel had to jettison some containers to assist the vessel to prevent the water ingress for the safety of the ship so this sacrifice was for preserving the property hence eligible for G A. Thus all parties interested in the venture, ship owner, charterers, and cargo owners etc, will proportionally contribute to ship – owner expenses and   for port of refuge for emergency dry dock repairs. These are the main five parts which will show whether that act is classed under the GA or not, in fact GA arises when sacrifices have been made for the safety of the ship against cargo and freight, from some peril of the sea or from its effects. The total of such G A allowances is shared between the various parties who stood to lose each contributing in proportion to his percentage of the total values involved. The purpose of G A is to ensure that the owner of the ship or cargo who has incurred an expenditure or suffered a sacrifice of his cargo in time of peril for the purpose of preserving property receives a contribution to his loss from all those who have benefited from the action, G A acts are allowed under the H M repairs,Expenses incurred due to damage to a ship and its cargo and of taking direct action to prevent further damage to the ship and its cargo is taken as Particular Average. Hull and Machinery Insurance The duration of this insurance is for the maximum period of 12 months.this insurance is covered for the damage by herself   caused to the vessel due to marine peril. It is the protection of liabilities’s of :-  ¾ ths collision liability : The underwiter agrees to pay the  ¾Ã‚   of any sum due to the loss:- Damage caused to the other vessel ,also the loss of property and the general average or salvage of other vessel. General average and salvage:-the adjustment made should be according to the law. The insurance covers loss to the ship   caused by following incidents:- Ø  Ã‚  Ã‚  Ã‚   Fire and Explosion Ø  Ã‚  Ã‚  Ã‚   Accident during loading and discharging ,shifting cargo . Ø  Ã‚  Ã‚  Ã‚   Jettisoning of cargo Ø  Ã‚  Ã‚  Ã‚   Piracy Ø  Ã‚  Ã‚  Ã‚   Earthquake /Tsunamis Ø  Ã‚  Ã‚  Ã‚   Peril of the sea,river/lake or any navigable water Ø  Ã‚  Ã‚  Ã‚   Boiler bursting ,defect in machinery,shaft breakage. Ø  Ã‚  Ã‚  Ã‚   Barratry of master/officer/crew. Ø  Ã‚  Ã‚  Ã‚   Contact with land conveyance ,dock or harbour equipment. Ø  Ã‚  Ã‚  Ã‚   Contact with helicopter,aircraft or falling object. In this scenario own vessel has sailed with a faulty Radar ,this proves that the master had not showed due diligence and will not be getting any compensation.    PI   Insurance Charterrs and ship owners are offered various class of coverage by the PI clubs. PROTECTION COVERS FOLLOWING LIABILITIES:- Ø  Ã‚  Ã‚  Ã‚   Collision Ø  Ã‚  Ã‚  Ã‚   Cargo claims ,crew claims Ø  Ã‚  Ã‚  Ã‚   Oil pollution LIMITATION AND PI COVER:- The PI club has a board of directors who decide how to limit and restrict the cover that is given to the members. The towage of the ship may cover if the member is liable under contract of towage. The club covers the pollution liabilities only to the liability that the pollution is an extent to the escape or discharge of oil or any substance. In this case own vessel had an inoperational radar,The marine insurance contract had been breached,so the insurance company may refuse   to pay the amount. Due-diligence shall be maintained at all times so that the insurance policy can cover the cargo and the ship against damages at all times. 3. Master’s actions are very crucial to obtain cover under Insurance policies. A prudent Master shall act reasonably with the codes and regulations ,Compliance with the rules and regulation will also reduce the carrier or owner liabilities regarding salvage, Master assess the situation thoroughly whether to take salvage. The right to salvage can only arise in respect of maritime properties. The terms and conditions on which the salver agrees to salve the property is   divided into two basis: Ø  Ã‚  Ã‚  Ã‚   The daily hire basis Ø  Ã‚  Ã‚  Ã‚     The Lloyds open form (L.O.F) The term salvage applies to Ø  Ã‚   the service performed by a salvor Ø  Ã‚   the reward paid to a salvor in respect of his successful services. Since there is no formal contract as to the money which the salvor is due on successful completion of the contract such a method is only employed when the marine environment are in grave danger. â€Å"L.O.F’’ is the most widely used â€Å"no cure – no pay’’ salvage contract, in return for salvage services, the salver receives a proportion of the â€Å"salved value ’’the value of the ship, its cargo and bunkers on board the ship. As per scenario own vessel sufferd severe collision damage on the forward end of the No 1 HOLD-Port side,resulting in partial flooding ,Due to this effect vessel was in grave and imminent danger and threat to environment, in shortest time Master decided to take L.O.F to tow the vessel to port of refuge for emergency dry dock repairs. Own vessel was under   Llyods open Form Choosing the L.O.F is a matter of getting the best expertise possible in the shortest time, the Master/   owner have insufficient time to arrange a daily hire contract, their need not be a formal signing of the form, the terms and conditions can be agreed on communication the words ‘’L.O.F 2000’’ clearly being spoken during acceptance. In this incident the container vessel suffers minor hull damage and vessel was not imminent danger and not any threat to marine environment so the Master preferred to organize a daily hire agreement. The daily hire agreement would work out more economical and less complicated compare to the L.O.F.The salvage operation and its remuneration are as per the Lloyd’s rules and regulations whereas the towage contract depends upon the rules and regulation entered   by the two signatories i.e. the ship owner and the towing company. The time factor is essential for the Master to make a prudent decision contacting the owner who sought advice from H M and P I club to draw satisfactory action plan. H M and P I, insurance policies covered some losses, however, the Master action are extremely important to obtain cover under the different insurance policies.  Ã‚   BIBLIOGRAPHY College notes – shipmasters business by STC Carriage of goods by sea by john F Wilson Shipmasters business companion by Malcolm maclachlan MCA Guidelines-2003 REFERENCES www,google.co.uk www.nortonrose.com Normal 0 false false false MicrosoftInternetExplorer4 Introduction As per this scenario own vessel was on a voyage charter,if on a voyage charter the ship owner provides the charter party with details of ship particulars,capacity and Registry. The ship shall proceed with reasonable dispatch.Vessel shall proceed with Reasonable dispatch,after this the owner shall undertake to carry the cargo destination. A list of expected perils. The charter agrees to pay freight and provides full cargo,as per voyage charterer if the vessel does not arrives at a certain Port on a certain day ,the cancelling clause gives the charter the full right for cancelling the contract. Own vessel loaded a cargo of high grade steel pipes,On loading some steel appeared to be rusty.None of the concerned parties appointed a surveyor. Own vessel also accepted a letter of indemnity from the seller and signed a clean ‘Bill of Lading’(BOL).A clean BOL means that contains no positive defective condition ,The importance of BOL is it is an evidence of contract and it is a receipt of goods carried. It is the duty of master to check cargo practically as stated in the BOL and if it mets the criteria as stated then he should sign the BOL. By signing a bill of lading   without checking the cargo the Master has become to party of fraud,Due to this no claim will be covered by the PI,In this case Master should have signed a CLAUSED BOL.Its a BOL that contains a positive notation of a defective condition of the cargo covered,material ,of its packaging Own Vessel sailed out with faulty Navigational equipment(RADAR)and this fault was aware to the Master and also the company.this showed that the Master of own vessel did not exercise due-deligence to make the vessel sea worthy and sailed out for Sea with faulty navigational equipment,which   lead to a collision with the container vessel. Due-diligence means all efforts should be made ,So that the vessel meets all the requirements to make the vessel seaworthy. To meet these requirements the vessel shall be properly manned and should have qualified , competent and well trained staff on Board.Ensure that the vessel can proceed to sea without any harm or danger to the Personnel,Property or Marine environment. Ensure that the vessel carries all the necessary equipment as per SOLAS regulations. Also the Equipment, Cargo,Hatches   is well maintained and in good condition.Cargo shall be looked and maintained on board until it is finally discharged.This will ensure that the Master and the company has exercised Due-diligence.    The container vessel which had sailed out in a seaworthy condition,this vessel was complying with SOLAS regulations and H-V rules when she sailed out for sea.But a day before the collision the vessel was short manned as 2nd officer was Medically evacuated due to serious injury and rest all officers were working short handed,This lead to short manning which eventually caused fatigue to its officers   and thereby breached SOLAS regulationsThis made the container vessel unseaworthy at the time of collision. But the MCA Guidelines (MSN 1778 (M)),allows a vessel to sail for shorter voyage ,if in incase of emergency ,in the case of short manning ,on a condition that the remaining officers on board are not undergoing through stress or fatigue,due to short manning   and also the ILO guidelines of work are observed(ILO guideline 174),in this   case the owner of the vessel could be had liable ,if apart from breaching SOLAS regulations,the guidelines from MCA has not been followed. Apart from these liabilities ,that has caused by the vessel’s owner due to the breach of statutory regulations and requirements,this incident of collision leads to further liabilities,Own vessel besides the liability incurred by the vessel’s owner due to violation   of article 3 of Hague rules to provide proper documentations and a seaworthy Vessel. Due to collision and the vessel being towed to port of refuge,Liability will also be incurred due to the delay caused in delivery of cargo on time.Also the vessel was loaded with high grade steel pipes,since the vessel collided and suffered collision damage on N0 1 Hold,due to water ingress might have also caused damage to the steel pipes.Expenses incurred due to damage to a ship and its cargo. Own vessel suffered damage at forward N o 1H-port side,which resulted in partial flooding.The container vessel suffered minor Hull damage forward and several containers were lost at sea and some were being jettisoned to help the vessel to prevent water ingress.Master’s duty is to do whatever,necessary or reasonable,so that he can save the ship and cargo from any loss or damage.This allows him   to Jettison the cargo,so that is prudent and safe continuation of the voyage. Both vessels were towed to port of refuge for emergency dry dock repairs. As per Hague Visby rules â€Å" the carrier is bound, before and at the beginning of the voyage, to exercise due diligence†. Make the ship seaworthy. Properly manned, equipped and supply the ship. After receiving the goods into his charge the master or carrier or agent,on demand of the shipper ,issue to the shipper a Bill of lading[1] CONTRACTUAL OBLIGATIONS OF THE MASTER When there is a collision the MASTER shall follow the following steps:- Inform the company,owners,charterers,PI clubs and Port Authorities . EVIDENCE COLLECTION. Details of both the ships. Deck and Engine log books with entries. All the printouts and graphs from bridge equipments. All the navigational charts before and after collision. All navigational equipment in use at time of collision. Weather conditions at the time of incident. At the time of contact the vessels estimated courses and speed. Communications and signals made a the time of collision. Statements from witnesses after collision. Details of VTS or Port Control if any in operation at the time of incident. Mitigate losses to ship owner. â€Å" The owner should exercise burden of proof relating to the exercise of due diligence as the vsls navigational equipment was faulty which eventually led to a collision with the container vessel. Whenever loss or damage has been resulted on account of unseaworthiness the burden of proof of due diligence should be on the carrier or the other person claming exemption under this article. The onus is cast on the carrier in relation to proof of due diligence, until the other party has established that the vessel was unseaworthy and his loss was due to that fact, alternatively the burden of proof should rest with the carrier who is the only party to have access to the whole   fact†[2] A prudent Master should act reasonably as per the regulations to mitigate liabilities. So the vessel’s owners has to protect themselves under Marine Insurance at all times and mitigate liability it is necessary to ensure compliance with statutory regulations and requirements. 2. Salvage: â€Å"As per the scenario the master has two possible choices, salvage options under LOF, or consider a contract of towage ,master should make a risk assessment of the situation in consultation with his senior management team, due to the unreliability of the navigational equipmet ,and damage to the vessel master should not consider moving under his own power, he considered contract of towage or to hire a salvor   which would result in 4 to 5 times more then the contract of towage, however a prudent master shall inform his owners that he considers it necessary to engage a salvor, The next decision is to accept which salvor services, as there are large number of salvors offering their services , often advise is taken from the shore back up team including the Average adjusters before salvors are hired .The master has to ensure that a careful logging of all events is required thru out the salvage operation, while enroute to the port of refuge he must discuss   plan with owners and managers how he will handle the first few hours when alongside and he will need full support of his ship management team†[3] Cargo jettisoned for the safety of vsl will be allowed general average, after collision both vsl proceed to a port of refuge, the expenses of entering leaving such a port shall be allowed as general average, as stated in the York Antwerp rule X. Loss of freight due to cargo damaged or lost or allowed to lost shall be covered under general average. when the damaged cargo is sold   at a loss, General average allowed will be the difference between the net proceed of sale net sound value General average General average In simple is a partial loss caused by or directly consequential upon a general average act. The General Average as defined in the MIA 1906 s. 66 and York Antwerp rule 2004 rules    â€Å"There is a general average act where an extraordinary sacrifice or expenditure is voluntarily and reasonable made or incurred in time of peril for the purpose of preserving all the property imperilled in the common adventure’’[4].    As per GA act   damages incurred are usually divided amongst the owner and the shipper,it will depend on the type of charter as to how the expenses will be divided,the Jettisoning of the cargo shall be equally divided between the owner and the   shipper.    In the given scenario the vessel had to jettison some containers to assist the vessel to prevent the water ingress for the safety of the ship so this sacrifice was for preserving the property hence eligible for G A. Thus all parties interested in the venture, ship owner, charterers, and cargo owners etc, will proportionally contribute to ship – owner expenses and   for port of refuge for emergency dry dock repairs.    These are the main five parts which will show whether that act is classed under the GA or not, in fact GA arises when sacrifices have been made for the safety of the ship against cargo and freight, from some peril of the sea or from its effects. The total of such G A allowances is shared between the various parties who stood to lose each contributing in proportion to his percentage of the total values involved. The purpose of G A is to ensure that the owner of the ship or cargo who has incurred an expenditure or suffered a sacrifice of his cargo in time of peril for the purpose of preserving property receives a contribution to his loss from all those who have benefited from the action, G A acts are allowed under the H M repairs,Expenses incurred due to damage to a ship and its cargo and of taking direct action to prevent further damage to the ship and its cargo is taken as Particular Average. Hull and Machinery Insurance The duration of this insurance is for the maximum period of 12 months.this insurance is covered for the damage by herself   caused to the vessel due to marine peril. It is the protection of liabilities’s of :-  ¾ ths collision liability : The underwiter agrees to pay the  ¾Ã‚   of any sum due to the loss:- Damage caused to the other vessel ,also the loss of property and the general average or salvage of other vessel. General average and salvage:-the adjustment made should be according to the law. The insurance covers loss to the ship   caused by following incidents:- Ø  Ã‚  Ã‚  Ã‚   Fire and Explosion Ø  Ã‚  Ã‚  Ã‚   Accident during loading and discharging ,shifting cargo . Ø  Ã‚  Ã‚  Ã‚   Jettisoning of cargo Ø  Ã‚  Ã‚  Ã‚   Piracy Ø  Ã‚  Ã‚  Ã‚   Earthquake /Tsunamis Ø  Ã‚  Ã‚  Ã‚   Peril of the sea,river/lake or any navigable water Ø  Ã‚  Ã‚  Ã‚   Boiler bursting ,defect in machinery,shaft breakage. Ø  Ã‚  Ã‚  Ã‚   Barratry of master/officer/crew. Ø  Ã‚  Ã‚  Ã‚   Contact with land conveyance ,dock or harbour equipment. Ø  Ã‚  Ã‚  Ã‚   Contact with helicopter,aircraft or falling object. In this scenario own vessel has sailed with a faulty Radar ,this proves that the master had not showed due diligence and will not be getting any compensation.    PI   Insurance Charterrs and ship owners are offered various class of coverage by the PI clubs. PROTECTION COVERS FOLLOWING LIABILITIES:- Ø  Ã‚  Ã‚  Ã‚   Collision Ø  Ã‚  Ã‚  Ã‚   Cargo claims ,crew claims Ø  Ã‚  Ã‚  Ã‚   Oil pollution LIMITATION AND PI COVER:- The PI club has a board of directors who decide how to limit and restrict the cover that is given to the members. The towage of the ship may cover if the member is liable under contract of towage. The club covers the pollution liabilities only to the liability that the pollution is an extent to the escape or discharge of oil or any substance. In this case own vessel had an inoperational radar,The marine insurance contract had been breached,so the insurance company may refuse   to pay the amount. Due-diligence shall be maintained at all times so that the insurance policy can cover the cargo and the ship against damages at all times. 3. Master’s actions are very crucial to obtain cover under Insurance policies. A prudent Master shall act reasonably with the codes and regulations ,Compliance with the rules and regulation will also reduce the carrier or owner liabilities regarding salvage, Master assess the situation thoroughly whether to take salvage. The right to salvage can only arise in respect of maritime properties. The terms and conditions on which the salver agrees to salve the property is   divided into two basis: Ø  Ã‚  Ã‚  Ã‚   The daily hire basis Ø  Ã‚  Ã‚  Ã‚     The Lloyds open form (L.O.F) The term salvage applies to Ø  Ã‚   the service performed by a salvor Ø  Ã‚   the reward paid to a salvor in respect of his successful services. Since there is no formal contract as to the money which the salvor is due on successful completion of the contract such a method is only employed when the marine environment are in grave danger. â€Å"L.O.F’’ is the most widely used â€Å"no cure – no pay’’ salvage contract, in return for salvage services, the salver receives a proportion of the â€Å"salved value ’’the value of the ship, its cargo and bunkers on board the ship. As per scenario own vessel sufferd severe collision damage on the forward end of the No 1 HOLD-Port side,resulting in partial flooding ,Due to this effect vessel was in grave and imminent danger and threat to environment, in shortest time Master decided to take L.O.F to tow the vessel to port of refuge for emergency dry dock repairs. Own vessel was under   Llyods open Form Choosing the L.O.F is a matter of getting the best expertise possible in the shortest time, the Master/   owner have insufficient time to arrange a daily hire contract, their need not be a formal signing of the form, the terms and conditions can be agreed on communication the words ‘’L.O.F 2000’’ clearly being spoken during acceptance. In this incident the container vessel suffers minor hull damage and vessel was not imminent danger and not any threat to marine environment so the Master preferred to organize a daily hire agreement. The daily hire agreement would work out more economical and less complicated compare to the L.O.F.The salvage operation and its remuneration are as per the Lloyd’s rules and regulations whereas the towage contract depends upon the rules and regulation entered   by the two signatories i.e. the ship owner and the towing company. The time factor is essential for the Master to make a prudent decision contacting the owner who sought advice from H M and P I club to draw satisfactory action plan. H M and P I, insurance policies covered some losses, however, the Master action are extremely important to obtain cover under the different insurance policies.  Ã‚   BIBLIOGRAPHY College notes – shipmasters business by STC Carriage of goods by sea by john F Wilson Shipmasters business companion by Malcolm maclachlan MCA Guidelines-2003 REFERENCES www,google.co.uk www.nortonrose.com [1] College notes-shipmaster’s business [2] Carriage of goods by sea by Jhon F wilson [3] Commercial management for ship masters (A practical guide) Robert L Tallack. [4] Shipmasters business by Malcolm Malcalahan st1\:*{behavior:url(#ieooui) } /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman"; mso-ansi-language:#0400; mso-fareast-language:#0400; mso-bidi-language:#0400;}

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