Challenges of Boko Haram Insurgence on Nigeria’s Educational Sector Essay

The activities of the Islamic radical sect, Boko Haram has adversely affected Nigeria’s educational sector. This fact is not hidden as the name of the sect alone signifies a total outcry against education (western education) and schooling. Boko means â€Å"book or western learning in Hausa language and Haram means forbidden or sinful in Arabic language, thus the group’s name alone is a campaign against western education and schooling. Nigeria’s education sector at all level is suffering as a result of the current prevailing security situation in the north, a region where school enrolment has been the lowest in Nigeria. The sect’s activities have affected Nigeria’s educational sector in the following ways; †¢The sect’s activity has led to destruction of school buildings and other academic facilities †¢It has led to death of academic experts †¢It has led to exodus of academic experts and shortage of qualified teaching manpower in northern Nigeria †¢It has led to distraction and diversion of government’s attention from the educational sector †¢It has led to complete disruption of academic calendar in the region. So far this year, 15 schools have been burnt down in Maiduguri, the capital of Nigeria’s Borno State, forcing over 700 children out of formal education and pushing down enrolment rates in an already ill – educated region. The Islamic Boko Haram group is widely blamed for the attacks but the reality seems to be more complex. Both public and private schools in Maiduguri have been doused with gasoline at night and set on fire. Crude homemade bombs and soda bottles filled with gasoline have been hurled at the bare bones concrete classrooms Nigeria offers its children. The simple yellow facades have been blackened and the plain desks method to twisted pipes, leaving thousands of children without a place to learn, stranded at home and underfoot, while anxious parents plead with Nigerians authorities to come up with a contingency plan for their education. In a video posted on You Tube in February 2012, Boko Haram called on its follows to destroy schools providing western education in retaliation for the alleged targeting of Korani schools by the military. The spokes man of the sect, Abul Quqa, said the attacks were in response to what he called a targeting of the city’s (ie Maiduguri) abundant open – air Islamic schools by authorities. Since February when this call was made, many schools including private schools have been destroyed. However officials of the state have denied any of such attacks or campaign as young boys can be seen receiving lesson untroubled allover Maiduguri (the New York Times, 2012). This new dimensional shift of the sects attack has numerous adverse effects on educational development of the region and the country at large. According to Nigeria Education Data Survey 2010, school enrolment in Borno state is already low by 28 per cent than any other state in Nigeria. No doubt, the recent attack have made parents and guardians’ to withdraw their children from schools and has made it difficult for teachers and aid groups to persuade parents to let their children stay on at schools. Eric Gultscluss (a researcher in Nigeria for the Watching Human Right Organization) noted that it is not just the students at the targeted schools that end up being affected as targeting of schools can make children in neighboring schools to stay home or drop out completely for fear of further attacks. The targeting of children indirectly and destruction of schools in Maiduguri has bewildered and demoralized students, parents and teachers in a way that the daily attacks have not. Furthermore, the attacks have led to death of academic experts teaching in all levels of Nigeria’s educational system ranging from primary to secondary and beyond. On sun,29 April, 2012, members of the sect attacked Christian workshops in Bayero University Campus, Kano resulting to death of 20 students and 2 professor of the university. According to an eye witness, the attackers arrived in a car and two motorcycles and throw small homemade bombs to draw out worshippers before shooting at them as they attempt to flee. The attack led to the death of Professor Jerome Ayodele, a professor of chemistry and Professor Andrew Leo Ogbonyomi, a professor of library science with about 20 others dead and scores of others injured. (Ikhilae, 2012). Undoubtedly, this is a setback for educational development in the country. Also the persistence of insecurity in the north which has led to lose of about 700 lives so far this year (2012), has led to exodus of academic experts and shortage of qualified teaching man power in the region. It has also led to refusal of NYSC members who constitute about 50 per cent of teaching man power in the region to serve in the region. Maijawa Dawayo, Chairman, Yobe State Teaching Service Board, in an interview with Nations News Paper on 9 Feb. , 2012 has this to say, â€Å"the recent circular by the National Youth Service Corps (NYSC) that corps members who constitute 50 per cent of the board’s man power should no longer be posted to senior secondary schools in the state would have an adverse effect on the educational sector of the State. Most of the corps members are not interested in coming here again because of insecurity in the north. We are in a difficult situation and something needs to be done urgently to solve the problem. The corps members constitute 50 per cent of the manpower in our schools and the head of the scheme had issued a circular that corps members would no longer be posted to senior secondary schools (The Nation, 9 Feb, 2012). Dawoye’s fear and lamentation was later made public and a reality in July 2012 when NYSC members posted to Borno, Yobe, Kano, Kaduna, Niger, Plateau and Bauchi state refused to serve in the states and protested against their deployment to the violent prone states. Corps members and their parents took to the street to protest their deployment to the Northern States when the 2012 NYSC Bach B list came out arguing that it is senseless to post young graduate to these states. Most of the parents vowed not to allow their children to go and be killed by Boko Haram (National Mirror, 2 July, 2012). Awosuru Lola, a graduate of Ladoke Akintola University of Technology (LAUTECH), Ogbomoso in Oyo state, who was posted to plateau state said his father hard ordered him not to report at the camp â€Å"for whatever reason. † Also Badiru Tajiudeen, a graduate of quantity surveying of Obafemi Awolowo University (O. A. U), Ile – Ife, posted to Zamfara state vowed that nothing could keep him beyond the mandatory three weeks of orientation programme in the camp. He also said that his parents are even reluctant in releasing him to participate in the three weeks orientation and warned him to abort the programme if he is not transferred back to the west (National Mirror, 2 July, 2012). This development will make a devastating mark on the educational sector of the affected northern states. It will be recalled that ten young corps members lost their lives during the post – presidential election protest/violence in some northern states in April 2011, while others lost their lives in other violent clashes in the region. The case of other Southerners who are teachers in the region is not different from that of NYSC members as most of them have found the exit door from the region. Dawayo confirmed this when he said that 80 per cent of Yobe State contract teachers who are from other states have left Yobe because of the same problem of insecurity (The Nation Feb 9, 2012) In addition, insecurity in the region caused by Boko Haram has also led to complete disruption of academic calendar in the region. Most of the attacks never go without imposition of curfew by the government. The attacks have in some cases led to imposition of 24 hours curfew and when such curfew is imposed, both students and teachers are affected and this on the long run adversely affects the academic calendar which stipulates when school starts and when it ends as well as what should be done in the school and when thus drawing students in the region behind their counterparts in other peaceful states. It is important that I state it clearly at this juncture that the North is a region where education enrolment and development is the least in the country and the current security situation is bound to compound the educational woes of the North and further widen the gap between it and the South. While private higher institution are rapidly springing up in the South to complement the over – stretched public institutions, only a handful has been established in the North and the few ones have come under Boko Haram attacks. According to National University commission (NUC), 50 private universities have been licensed to operate in the country. Out of this 50, fewer than 15 are established in the north. What this implies is a bleak future for educational development of the region and a bleak future for young children in the region and this by implication is dangerous to Nigeria’s peace, unity and development. No matter how one looks at it, the attacks by the sect on schools have left many destructive marks on the future of affected children in the region and the country at large. The affected children are at home which means a bleak future for them and the country at large because the future of a country depends on the kind and quality of education it offers its children. Finally, the insurrection of Boko Haram has led to distraction and diversion of both Federal and affected State government’s attention from the educational sector. This is evident in the 2012 annual budgetary allocation of the Federal Government in which the mind – bugling chunk of 921. 91 billion was allocated to security alone, while education on which the future of the country depends got the little chunk of 400. 48 billion naira which is not up to half of what is given to security. There is no argument on the fact that both security and education are critical for the survival of a nation, but had it been there is peace in the country, the chunk given to security would have been considerately lower than what it has now. What the lean resources allocated to the educational sector means is a gloomy and difficult future for the sector. This is because there will be no resources to introduce new educational developmental program and the ones already introduced will certainly suffer of poor funding.

Case Analysis About E Commerce Law

I. Introduction: In this age of mobile phone shopping, online bookings, web based promotions and social networking, legitimate business transactions and permit applications can now be served via the internet. As early as June, 2000, the Philippine government through the Senate and the House of Representatives approved the E-Commerce Law in recognition of the vital role of information and communications technology (ICT) in nation-building. Known as the â€Å"Electronic Commerce Act of 2000† or House Bill No. 971, the act was passed because of the need to create an information-friendly environment which supports and ensures the availability, diversity and affordability of ICT products and services that provides for the recognition and use of electronic transaction and documents in the country. The bill likewise recognizes the responsibility of the private sector in contributing investments and services in telecommunications and information technology as well as the need to devel op appropriate training programs and institutional policy changes.The House Bill also took cognizance of the human resources involved in the use of ICT, the population capable of operating and utilizing electronic appliances and computers and its obligation to facilitate the transfer and promotion of adaptation of these technologies. But, in order to ensure network security, connectivity and neutrality of technology for the national benefit, information infrastructures comprised of telecommunication networks and information services shall be organized and deployed.E-commerce is a system that includes not only those transactions that center on buying and selling of goods and services to directly generate revenue, but also those transactions that support revenue generation, such as generating demand for those goods and services, offering sales support and customer service, or facilitating communications between business partners. II. Reaction and Analysis of every provision: Declarati on of Policy Section 1 : Short title It names the title of the act which is known as the â€Å"Electronic Commerce Act of 2000†Section 2:   Ã‚  Declaration of Policy. Reaction and Analysis: This provisions explains the content of the policy, which creates an environment friendly to promote the ICT products and services in an affordable way so that it can develop the training programs, policy of institutions, human resources, the labor force, the operations of electronic appliances especially the computer system. It promotes also the technology so that the network security and the connections of technology in the country will be safeguard or protected.It gives benefits to the nation in terms of organizing the arrangement of the country’s information infrastructures and the understanding between communication networks and information services which connects to the global network in a legal act on its systems and facilities. In my opinion the declaration of the policy h as an advantage in our country because it makes the business industry with the use of ICT be a good transactions in global markets that helps our assets and profits increase, that’s a help for our country’s budget.Declaration of Principles for Electronic Commerce Promotion Section 3. Objective Reaction and Analysis: In this provision, It discusses the principles of the E commerce promotion which indicates the role of the government, every government official must be fair in giving shares and allowance in the lack of human resources and secure the common good, their settlements and goals should be done in the future and provide the necessities. The action of the private sector and in making the policy should be compromised.As the role of the private sector, the E commerce development must be widened in market forces and they must pursue a fair competitive market. The International coordination and harmonization will make the government policies that affect the e commerc e to be facilitated in a unified environment for good standards. In Neutral Tax Treatment, it will conduct the transactions in the use of e commerce that must take an unbiased or fair tax treatment in comparing transactions in non-electronic and taxation of e commerce and that must be guided in a least difficult manner.In the protection of the users, they must have privacy or not be exposed with regards to industry led solutions, it shall be agreed with the law that business must be available to the consumers and the business users must not have a disclosure to the public and environment. E commerce awareness points to the government and the private sector, they will inform the society about the ability of the e commerce and the impact of it in economic foundations. The government will provide opportunities to SMES, well it will provide investments in information technologies and encourage capitals for them.The government will also provide skills development for the employees genera ted with e commerce but they should still promote non or formal skills development programs. They will also provide online database for health services, public libraries, in this case I think it will be easier for us to find our needed information. Internet users will have an essential voice in the governance of the domain name system as well as the access to public domain information.All of the principles is informative and useful in a way that our country will have an easier work and life because of technology and a good contribution to our economy. Chapter III – Objective and Sphere of Application Section 3: Objective Reaction and Analysis: In this provision, it discusses the main goal of the law, which pursues a domestic and international dealings and agreements with the storage of information through the use of electronic technology so that the electronic documents of activities will be authenticated.The act also promotes the usage of electronic transactions in governmen t and public to worldwide. Despite these aims and objectives, many are still skeptical on the methods provided under the law to ensure the integrity and security of these electronic transactions. Most of them question the admissibility and weight given to electronic evidence, its authenticity and integrity as well as the manner used to verify the same, and the impact of its legal recognition on the Philippine legal system. Section 4. Sphere of ApplicationIn this section, this act must apply to any kind of electronic data message and document that is utilized in the occurrence of commercial and non commercial activities like what the section 4 stated, which are to include domestic and international transactions. In this section, it tells that the objective of the law must have a good practice and it should be used not only stating these aims but should become true. PART II ELECTRONIC COMMERCE IN GENERAL Chapter I – General Provisions Section 5: Definition of TermsIn these prov ision, it discusses the definitions of terms. The Addressee is a person who is intended by the originator to receive the electronic data message or electronic document, but does not include a person acting as an intermediary with respect to that electronic data message or electronic document. Commercial Activities must be given a wide interpretation so that it will cover the matters from the relationships of a commercial either contractual or not. It refers to the dealings with the rights of intellectual property.It also discussed the definition of computer where in it’s the main source of e commerce activities that provide connecting transactions and databases. I also learned about the convergence where in it is the ability of different network platforms to carry any kind of service; and the coming together of consumer devices. The Electronic data message explained that it is also an interchange with electronic document where in there are information stored by means of elect ronic. The ICT, it a system that is used for processing electronic documents as well as recording the data.Electronic signature refers to any distinctive mark, characteristic and/or sound in electronic form, representing the identity of a person and attached to or logically associated with the electronic data message or electronic document or any methodology or procedures employed or adopted by a person and executed or adopted by such person with the intention of authenticating or approving an electronic data message or electronic document. Electronic key refers to a secret code, which secures and defends sensitive information that crosses over public channels into a form decipherable only by itself or with a matching electronic key.This term shall include, but not be limited to, keys produced by single key cryptosystems, public key cryptosystems or any other similar method or process, which may hereafter, be developed. Intermediary refers to a person who in behalf of another person and with respect to a particular electronic data message or electronic document sends, receives and/or stores or provides other services in respect of that electronic data message or electronic document. Non-Commercial Activities are those not falling under commercial activities.Originator refers to a person by whom, or on whose behalf, the electronic data message or electronic document purports to have been created, generated and/or sent. The term does not include a person acting as an intermediary with respect to that electronic data message or electronic document. Person means any natural or juridical person including, but not limited to, an individual, corporation, partnership, joint venture, unincorporated association, trust or other juridical entity, or any governmental authority.Service provider refers to a provider of online services or network access. With help of definitions and terms, it is easier to understand what is e commerce all about and what are the relations of t hese terms to this law, because the law always pertains to electronic people, activities so by this explanation, we will be clarified with the content of the law. Chapter II – Legal Recognition of Electronic Data Messages Legal Recognition of Electronic Data Messages and Electronic Documents Section 6: Legal Recognition of Data Messages Reaction and Analysis:In this provision, it says that every information in the form of electronic data message or document must be approved always in a legal purpose. It says that the person should provide a written information to another person in conversion to electronic data message or document. The non electronic form of data must meet the requirements of the provision of the information and must be the same as the form of electronic data message or document. The operation of the requirement of the law has no limit for the information to be displayed with time or location until a functional equivalent will be implemented.The functional equ ivalent, says that electronic documents can never be the same as paper type, they still have difference. But electronic documents can do the purpose of paper type of documents like for example as a record or database of information from the paper. So I think the electronic data message can hold the paper based document by the person who write, and its still different from each other because the original form of the information is in written form while the electronic data message are in computerized type.Sec 7 Legal Recognition of Electronic Documents Reaction and Analysis: In this provision, it discusses the electronic signatures that are now recognized to be equivalent to the signature of a person on a paper based document, it explains the procedures provided on it like a method used to indicate the party to enter to the electronic document that is needed for his approval through the electronic signature. It is appropriate for its purpose for the electronic document where in it was generated with any agreement.With this situation, It is needed to the said party so that it will go to the transaction with electronic signature while the other party will have an access to verify it and for them to decide to go again with the flow of transaction valid by the same process. Well this serves a good transactions of contracts with use of electronic signatures from person to another person. Sec. 8. Legal Recognition of Electronic SignaturesThis provision examined some important legal issues associated with electronic signatures. I think the government should come out with some legislation. There should be some kind of legislation that should be out in our country that says that electronic signatures are an acceptable form and can legally replace paper-based forms of signature. Then only we businesses may be thinking of using it. Sec 9 Presumption Relating to Electronic SignaturesIn this provision, it explains the electronic signature correlations, it means that this was connected by the person with the intention of signing in the approval of the electronic document but the person depending on the electronic documents finds or notices a defects wich the signature has no dependency will not be affixed. This means that when Person A’s signature is attached to a document, one may presume that it is A’s signature and that he was the one who signed it with the intention of signing or approving the same.I think this is right so as they can easily detect a person’s signature electronically. Section 10 Original Documents It explains that the law requires information to be maintained in its original form, the integrity of the electronic document from the time it was created in its final form is shown by aliunde which means it is an evidence clarifying a document but not deriving from the document itself, otherwise the information is has the ability to be displayed to the person whom it is to be presented. This means that it applies whet her the requirement is in he form of an obligation or the law simply provides consequences for the information not being presented or maintained in its original form. This provision of law will be a great help to those who go to court presenting electronic evidence. While the old prototype could only conceive of original document as being generally single, this covers the way for the existence of many originals as long as the provision’s criteria of integrity and reliability are met. Section 11: Authentication of Electronic Data Messages and Electronic DocumentsThis section explains that the electronic signatures must be validated by proof than a letter associated with an electronic data message or document in a security procedure. And it can detect errors or alteration of communication, The supreme court may adopt such authentication procedures, including the use of electronic notarization systems as needs, as well as the certificate of authentication on printed or hard copi es of the electronic documents or electronic data messages by electronic notaries, service providers and other certification authorities. It provides the rules on evidence.Prone to the different characters of electronic data messages vis-a-vis paper or other objects, authentication procedures will have to be different too. This law requires for electronic data messages to be authenticated by validating a claimed identity of a user, device, or information system. Electronic signatures are to be authenticated by proof that a symbol or character representing the person named t attached to or that an appropriate technology or security was used with the intention of authenticating or approving the electronic document. Section 12.Admissibility and Evidential Weight of Electronic Data Message or electronic document. In this section, it serves as a guide to a data message is allowed in evidence and to how much weight is to be given them . It says that there’s no rule shall render the data message that is not allowed on the sole ground that it is in electronic form or on the ground that it is not in the standard written form. Evidential weight is to be given such electronic document after assessing the reliability of the manner in which the originator was identified, and other relevant factors have been given due regard.Section 13,  Retention of Electronic Data Message or Electronic Document. In this provision, it explains that electronic data message or original form must remain usable for reference and it will maintain the format when it was sent or received, It makes us identify the originator, the addressee which was explained in section 6, it also indicates the time and date of the electronic data message. The person required to maintain the forms can do it in a different way by using the services of a third party. Like for example, the BIR, demands the retention of receipts for at least three years, so that they can audit it.The effect is that this can r elieve business corporations from having to keep the required documents in paper form. It would be a good way to access the receipts and easier to find. Section 14. Proof by Affidavit, This provision also matters in section 12 and 9, it will take for granted to establish by an affidavit given to the deponent. So that it would inform the deponent about the rights of parties. This is useful as the requirements may prove to be more demanding and set in one’s way. Section 15. Cross – Examination.In this section it discusses that in any statement contained in affidavits and shown in courts, are subject to the right of the person against whom the affidavit is executed so that it can test the accuracy and truth of the affidavit by cross-examination, which means the interrogation of a witness called by one's opponent. As I understand,the process of cross-examination is presumed to be necessary because most witnesses come forward to support one side or the other. In the case of the defense, a witness might omit certain information which the prosecution might find interesting or relevant.A prosecution witness might, likewise, omit information. Cross-examination ensures that the trial is fair, and that all information is truly out on the table. CHAPTER III. COMMUNICATION OF ELECTRONIC DATA MESSAGES OR ELECTRONIC DOCUMENTS Section 16. Formation of Validity of Electronic Contracts. In this provision it says that a contract is a meeting of the minds and generally could take whatever shape or form, many of them are still afraid of that contracts entered into electronically may encounter some problems.Many transactions and other forms of trade are now conducted electronically. For example, most people will at least be familiar with, if not frequent users of, ATMs situated outside or inside banks. When a bank’s customer withdraws money or uses an ATM for other purposes, an electronic transaction takes place. More and more business is now done electronicall y, often with the parties never physically meeting each other. Online shops, for example, allow potential customers to browse, select and purchase goods without ever asking a salesperson for advice or assistance.Negotiations, giving quotes or submitting tenders for work may all be done electronically and indeed are. A great deal of information is now passed electronically within organizations and from one organization to another. This all raises a number of legal questions, specifically with regard to electronic contracts. Some of the most important issues include whether an electronic contract is valid, that is, whether it must comply with certain formalities, whether electronic signatures are admissible as evidence of intent and agreement, and what law applies to an electronic contract.Section 17. Recognition by Parties of Electronic Data Message or Electronic document. In this provision, it says that the originator and the addressee of an electronic data message or electronic doc ument, a declaration of will or other statement must not be denied legally, validity or enforceability solely on the ground that it is in the form of an electronic data message or electronic document. Section 18. Attribution of Electronic Data Message.This section says that of the originator if the originator him/herself sent it and it was sent by an information system programmed by or on behalf of the originator to operate automatically. The addressee is used to pertain an electronic data message or electronic document as well as the originator. The addressee must apply a procedure which the originator approved and as the addressee receives the electronic message which results from the action of a person, it will enable to access a method to identify electronic message or document on his own way.An electronic message is deemed to be sent by the originator of the message if it is sent by a person who has the authority to act on behalf of the originator in respect of that message or if the message is sent by an information processing system programmed by, or on behalf of the originator to operate automatically. The notion that one has to physically put pen to paper to sign a contract is now a thing of the past.A person who receives an electronic message is entitled to regard the message as being that of the originator except in instances where he has received notice from the originator that the message was not sent by him or the addressee knew or should have known that the message was not sent by the originator had he exercised reasonable care. Originator doesn’t include Intermediary. For example, Person A uses his yahoo account to send an email message to person B which is the addressee. Here, Person A is the originator & Yahoo is the intermediary. Person A is on vacation.During vacation he has turned his vacation responder on with the following message:â€Å"Thank you for your email. I am on vacation, will reply your mail as soon I get back†. He re, though person A has programmed an information system to operate automatically on his behalf. Still Person A is the â€Å"originator† in this case. Section 19. Error on Electronic Data Message or Electronic Document. In this provision, it explains that the transmission of electronic data message between the addressee and the originator that resulted in error, it will enter to the designated information system or which is not designated by the addressee for the purposes.Section 20. Agreement on Acknowledgement of Receipt of Electronic Data Message or Electronic Document. In this provision the originator has not agreed with the addressee that the acknowledgment of receipt of electronic record be given in a particular form or by a particular method, in any communication by the addressee will be automated or otherwise any conduct of the addressee, sufficient to indicate to the originator that the electronic record has been received. The originator has not agreed with the addre ssee that the acknowledgement be iven in particular method, an acknowledgement may be given by or through any communication by the addressee, automated or otherwise, or any conduct of the addressee, sufficient to indicate to the originator that the electronic data message or electronic document has been received. The originator has stated that the effect or significance of the electronic data message e or electronic document is conditional on receipt of the acknowledgement thereof, the electronic data message or electronic document is treated as though it has never been sent, until the acknowledgement is received.What exactly did the originator of the message intend to send? Under the Act, there is a presumption that the electronic message is what the originator intended to send, and the addressee can act on that presumption unless the originator can show that the addressee knew or should have known that the electronic message received was an error. Therefore parties to a commercial transaction have to take precautions to ensure that any messages to be sent contains accurate information and are indeed intended for the recipient.For example, Person A sends an email to Person B asking her that he would like to purchase a car and would like to know the prices of the cars available for sale. Person B in return sends person A catalogue of prices of the cars available for sale. Now this action of Person B is sufficient to indicate to person A (the originator) that his email (i. e. the electronic record) has been received by the addressee. Section 21.Time of Dispatch of Electronic Data Messages or Electronic Documents. In this provision, with regards to the issue of time of dispatch, an electronic message is deemed by the Act to be sent when it enters an information processing system outside the control of the originator. Therefore it would appear that the time of dispatch will be when a person clicks the ‘Send’ button when e-mailing or the ‘Buy/Pu rchase’ button on an online store.An electronic message is deemed to be received when the message enters the designated information system (where there is a designated system), for instance, when a message enters the inbox folder of an e-mail account, or where there is no designated system, when the addressee comes to know about the message. Where the parties agree or the originator requests that receipt of the electronic message is acknowledged, that message will be treated as though it has never been sent until the acknowledgment is received.If the method of acknowledgment has not been agreed by the parties, any acknowledgment (automated or otherwise) or any conduct of the addressee which is enough to communicate receipt, will suffice as acknowledgment. Example of this: Person A composes a message for person B. At exactly 12. 00 noon she presses the â€Å"Send† button. When she does that the message leaves her computer and begins its journey across the Internet. It i s now no longer in Person A’s control. The time of dispatch of this message will be 12. 00 noon. Section 22. Time of Receipt of Electronic Data Messages or Electronic Documents.This provision explains that the time of receipt of an electronic communication is the time when it becomes capable of being retrieved by the addressee at an electronic address designated by the addressee. The time of receipt of an electronic communication at another electronic address of the addressee is the time when it becomes capable of being retrieved by the addressee at that address and the addressee becomes aware that the electronic communication has been sent to that address. An electronic communication is presumed to be capable of being retrieved by the addressee when it reaches the addressee’s electronic address.Section 23. Place of Dispatch and Receipt of Electronic Data Messages or Electronic Documents. – How does one determine the location of dispatch and receipt of electroni c messages? The Act deems an electronic message to be sent from the originator’s place of business and received at the addressee’s place of business. If there is more than one place of business, it will be considered sent from the place of business that has the closest relationship with the transaction or in the absence of that, from the principal place of business.In circumstances where the originator or addressee has no place of business, it will be deemed sent or received, as the case may be, at the originator’s or addressee’s ordinary place of residence. Example of this is: person A has entered into contract with a US based company. Company has its server in Brazil. Even if the company has its mail server located physically in Brazil, the place of receipt of the order would be the company’s office in USA. Section 24. Choice of Security Methods. This provisions explains the choice of type or level of security for their own purposes is recognized in this section .But still, this is prior to rules and guidelines which government can declare in terms of e- commerce transaction security. In my opinion, security is perhaps one of the greatest concerns of the millions of users that routinely exchange data over the Web or store information in computers which may be accessed by unauthorized parties. The government should protect the confidentiality and integrity of data being transferred or stored, they need to develop a new standard which defines authenticated encryption mechanisms that provide an optimum level of security.PART III ELECTRONIC COMMERCE IN CARRIAGE OF GOODS Section 25. Actions Related to Contracts of Carriage of Goods. This provision explains that the law is designed to apply to actions on contracts related to carriage of goods. What is figured is that airway bills, bills of lading, receipts, sales, transfers of ownership, and other documents or papers related to carriage of goods by land, sea, or air may now be do ne electronically. For example, buying online gadgets through the net, it is by shipping procedures.Section 26. Transport Documents. In this provision, It follows therefore that electronic documents facilitated and transacted though online basis are as important and valid as that of actual use of paper documents. This is according to SEC. 26 under Transport Documents where the law requires that any action referred to contract of carriage of goods be carried out in writing or by using a paper document, that requirement is met if the action is carried out by using one or more data messages or electronic documents.In almost all electronic transactions, online orders are subject to a verification procedure conducted by the store for their protection as well as customers from credit card fraud or identity theft. This is a normal procedure to verify that the card owner or that order and that ship-to information are legitimate. This process rarely delays an order, and generally requires ei ther a simple call-back which can be done through phone calls or by fax messages. The B store for example stresses the importance of knowing what â€Å"bill-to nformation† on the checkout process means. The bill-to address is the address to which your bank mails your monthly credit card statement. The bill-to address you give the store must agree with the address that the card issuing bank has on file. Then, be sure to provide the correct information, even if the items are to be shipped to a different location. PART IV ELECTRONIC TRANSACTIONS IN GOVERNMENT Section 27. Government Use of Electronic Data Messages, Electronic Documents and Electronic Signature.In this provision, it says that the government must accept retentions and creations of electronic data messages or document like issues in permits, licenses and its approval form and issure receipts in the form of electronic. As well as the government business transactions and it is authorized to adopt rules and regulations in the form of electronic documents. In a short explanation all documents that they will create should be in the form of electronic documents or data messages and authorized by electronic signatures as well. Section 28.RPWEB Promote the Use of Electronic Documents or Electronic Data Messages in Government and to the General Public. In this provision, it explains that RPWEB’s role in the use of electronic documents or data messages. They must be the initial platform of the GII which stands for government information infrastracture to control the electronic online transmission and conveyance of government services to improve better technologies or kinds and electronic online wide area networks utilizing, but not limited to, fiber optic, satellite, wireless and other broadband telecommunications.To sum up, RB web’s major task is to . Interconnect all government offices and units, including schools, colleges and universities, government corporations, as well as those at t he local level, by authorizing the use of savings for Internet access, through any Internet Service Provider (ISP) in their area, to facilitate faster communication and data interchange in government. Interconnect all ISPs through Internet exchanges for greater connectivity among users in the country. Speed up implementation of the telephone roll-out programs, articularly in unserved areas in the country. So that our country will hava a better technology. Section 29. Authority of the Department of Trade and Industry and Participating Entities. In this provision, it enables the DTI to promote and develop electronic commerce as well as to promulgate rules and regulations, provide quality standards or issue certifications in the pursuance of this Act’s intentions. I was very pleased to see this attempt by the DTI to develop electronic commerce in our country.I believe that this act will be implemented for the economic future of the country; electronic commerce and the developmen t of new network-based public services is clearly set to become a major contributor to country’s economic growth over the next decade. The DTI has a very important role to play to ensure that the potential benefits for the public, for SMEs and for government can be realised promptly and in a safe manner. PART V FINAL PROVISIONS Section 30. Extent of Liability of a Service Provider.This provision explains the liablilities of the service provider, It exempts ISPs from liability if they can prove that they had no knowledge of the occurrence of the alleged act, and that they had taken sufficient steps to prevent a violation. However, the existing provision does not clearly prescribe liability limits of service providers. For example, if a person makes a representation to a service provider claiming copyright on the material available on the network, will the service provider be liable if he fails to take steps within a reasonable time to remove the infringing material from the ne twork?If the service provider fails to prevent infringement of copyright in the above circumstances, is the plea of not having knowledge of infringement still available to him? If the service provider removes the material from the network in pursuance to the representation made by a person which later on proves false, will the service provider be liable to the person whose material has been removed? The liability of service providers for copyright infringement must be made more explicit.The act must include sections that address the financial aspect of the transaction, and the relationship between an ISP and a third party, because this is vital to determining the identity of the violator. So that if any person with knowledge of the infringing activity, induces, causes, or materially contributes to the infringing conduct of another, the person can be made liable. In order to be exempt from liability, the act requires the service provider to exercise due diligence to prevent the commi ssion of copyright infringement.The Act does not provide the meaning of the term due diligence. If due diligence means policing each and every aspect of the Internet, it can lead to loss of privacy and can ultimately have a disastrous effect. There is a need for a consensus on the meaning of the term due diligence because the primary function of ISPs is to build the Internet, not to play the role of a policeman. If the behavior of an ISP is reasonable, then that ISP should not be held liable for each and every activity on the Internet as has been held by the court.Section 31. Lawful Access. In this provision, it explains that that access to an electronic file, signature or document shall be limited only to those that are authorized to possess and use it. Electronic keys used for identity and integrity may only be made available to another upon consent of the individual in lawful possession of the key. Section 32. Obligation of Confidentiality. This provision explains that those who obtain access to an electronic key, signature or document not to convey or share the same with another.These two sections are important in that it recognizes that these files are property of an individual and can be possessed only by another upon the consent of its owner. It further recognizes the privacy and personal nature of the key by obliging those who gets to possess it not to share it with others. In my own opinion, the person must receive the information in confidence. That means that he or she must be asked to treat the information as confidential or it must be obvious to him or her that the information is given in confidence.The best way to do that is to ask the person to sign a confidentiality agreement. That is not in itself enough. Precautions must be taken (and seen to be taken) to keep the information secret such as logging documents and disclosures, keeping materials under lock and key and extracting confidentiality agreements. Section 33. Penalties. – The fol lowing Acts, shall be penalized by fine and/or imprisonment, as follows: In this provision, issues in security and penalties are addressed in it.The violations are the ff: hacking, is any access in order to corrupt, alter, steal, or destroy using a computer or other similar information and communication devices, without the knowledge and consent of the owner of the computer or information and communications system. For example, an adolescent who would never consider picking someone's pocket or physically damaging someone else's property or home, might be quite willing to steal people's credit card numbers or destroy poorly protected business or government files, since files and credit card numbers are not tangible entities, and the damage is done anonymously.If the individual commits this violation he will have a fine of One Hundred Thousand pesos and imprisonment of 6 months to 3 years. Another violation is piracy, s the unauthorized duplication of an original recording for commerc ial gain without the consent of the rights owner. They will be punished by a minimum fine of One Hundred Thousand pesos (P 100,000. 00) and a maximum commensurate to the damage incurred and a mandatory imprisonment of six months to three years. In my opinion. Penalties like imprisonment are good example of punishing an individual who possess violations and crimes.Section 34. Implementing Rules and Regulations. In this provision, it explains that the DTI, Department of Budget and Management and the Bangko Sentral ng Pilipinas are empowered to enforced the provisions of this Act. Among others, the DTI is empowered to promulgate rules and regulations, as well as provide quality standards or issue certifications, as the case may be, and perform such other functions as may be necessary for the implementation of this Act in the area of electronic commerce.Failure to Issue rules and regulations shall not in any manner affect the executory nature of the provisions of this Act. In my opinion , it is necessary to develop rules and regulations especially in e commerce. We need rules for the settlement of disputes. They also need rules for the organization of their governments. Law is the set of rules that the government enforces through its police, its courts, and its other agencies. It is important to implement rules and regulations so that people can understand what e commerce is and what are the obligations toward this act.Section 35. Oversight Committee. In this provision, it explains that there shall be Congressional Oversight Committee composed of the Committees and Trade and Industry/Commerce, Science and Technology, Finance and Appropriations of both the Senate and House of Representatives which shall meet at least every quarter of the first two years and every semester for the third year after the approval of this Act to oversee its implementation.The DTI, DBM, Bangko Sentral ng Pilipinas, and other government agencies as may be determined by the Congressional Co mmittee shall provide a quarterly performance report of their actions taking in the implementation of this Act for the first three (3) years. Utilizing an oversight committee has several advantages. In my opininion, It is generally much more effective with forming and implementing a new rules and regulations. Also, since the oversight committee is a separate entity, access to classified information such as electronic data messages and documents can be controlled.Since experts are involved, uninformed bias is kept to a minimum. The oversight committee can also operate as a mediating body between the active organization and the public. In this role, the committee can help the public understand what e commerce rules and regulations by publishing reports that communicate the facts in ways the public can understand. The existence of an oversight committee can have an impact on the quality and fairness of fact-finding even before the committee gains access to the relevant information.Gove rnment entities must ensure the standard of their work is acceptable, especially because in the long run it will be more costly and time-consuming if they are forced to go back and correct mistakes when an oversight committee detects errors on the implementation of the act. Section 36. Appropriations. In this provision, It explains that the funds needed to provide the sections 27 and 28 will be charged on the savings of the General Appropriations Act of 2000 in the first year of the effectively of the act. And all the funds for the continuous implementation will be included in the General Appropriations Act.This is important to develop the electronic transactions between the government and to the public and like the section 27 said in order to transact the government business and/or perform governmental functions using electronic data messages or electronic documents, and for the purpose, are authorized to adopt and promulgate, after appropriate public hearings and with due publicat ion in newspapers of general circulation, the appropriate rules, regulations and I think there will be needed funds to implement this. Section 37.Statutory Interpretation. In this provision, it explains that Philippine law on e-Commerce was patterned after the â€Å"UNCITRAL Model Law on Electronic Commerce† adopted by the United Nations Commission on International Trade Law (UNCITRAL) in 1996 the model law is intended to promote the harmonization and unification of international trade law and remove unnecessary obstacles to international trade caused by inadequacies and divergences in the law affecting trade as a result of the information technology revolution.The interpretation of this Act shall give due regard to its international origin and the need to promote uniformity in its application and the observance of good faith in international trade relations. The generally accepted principles of international law and convention and electronic commerce shall likewise be consid ered. Section 38. Variation of Agreement. In this provision, it explains that the variation of agreement is intended to apply not only in the context of relationships between originators and addressees of data messages but also in the context of relationships involving intermediaries.Thus, the provisions of it could be varied either by bilateral or multilateral agreements between the parties, or by system rules agreed to by the parties. However, the text expressly limits party autonomy to rights and obligations arising as between parties so as not to suggest any implication as to the rights and obligations of third parties. Section 39. Reciprocity. This section states that if the other party to a transaction comes from a country that does not grant the Filipino similar rights contained herein, he will not be allowed also to enjoy the benefits of this law's provisions.Section 40. Separability Clause. In this provision it states that any separable provision of this Act be declared unc onstitutional, the remaining provisions shall continue to be in force. To understand generally a separability clause is a clause often included in a legal document (as a contract) stating that invalidation of some sections or clauses in the document will not affect the validity of the remainder. Section 41. Repealing Clause. In this provision, all rules and regulations which are inconsistent with the provisions of this Act will be cancelled legally.Section 42. Effectivity. In this provison, it declares the effectivity of the act wher e in it shall be effective after its publication in the Official Gazette. Conclusions and recommendations: There is high need for such laws to be enforced in order to make sure the balance is maintained between selling and buying along with the right laws. So far the laws such as the limitation of the liability, indemnification, attorney fees, choice of law are the most used and vital ones to make sure that the deals and trading happen legally and gover ned by laws.The electronic buying and selling are the key features of this modern world and internet applications. The way of living is simplified to the core by the extensive and effective applications of the internet and the Ecommerce laws that govern these electronic trading. The modern world is reaping the multipurpose benefits of the internet and its worldwide applications to the maximum. The laws are the heart of any modern day trading or dealing that takes place because they set the way of business and the regulations of the business.When you make any electronic transaction, then you will have to go through the mandatory laws so that they occur under the legal patterns. The limitation of the liability and the choice of the law are vital laws that the ecommerce industry has to go through. As the days pass by, further more laws are going to be implemented in order to make sure the industry and the transactions are under control. Case Analysis about the E Commerce Law Kyle M. Es tanislao SOCULITA 301

Theoretical framework Research Paper Example | Topics and Well Written Essays - 1250 words

Theoretical framework - Research Paper Example There are three key theories that seek to explain business ethics. The stockholder theory expounds on the fact that businesses are only obligated to earn profits for their stakeholders and are not necessarily indebted to the wider society (Shafritz, Ott and Jang, 2005). This theory holds the premise that a company is only morally obligated to fulfill the expectations of the people who invest in it. The social contract theory, on the other hand, which is another business social theory, stipulates that all companies function under a tacitly understood contract with the community they are established in. Business decisions are often affected by the social theory that is supported a company. For instance, if a small company was approached with a buyout offer by a larger organization that is known for its unethical practices, the stakeholder theory would support its consideration of how its stakeholders would gain from its agreement to this contract (Shafritz, Ott, and Jang, 2005). Howeve r, the social contract theory would call for the consideration of how the bigger companies operations would affect the entire community. Business Economic Theories Business economic theories seek to explain how businesses function in local and international financial systems. The business cycles theory holds that during a business cycle course, an economy develops, reaches a definite peak, and then experiences a downturn which is then followed by a recession prior to beginning another upturn. Another business economic theory, the "under-consumption" theory, holds that an excessive amount of income is directed to the wealthier classes instead of being channeled into investments that will create more opportunities for the disenfranchised groups in society (Shafritz, Ott and Jang, 2005). This can result in social instability. Business Educational Theories Business education management theories are basically the foundation of any operational and productive businesses, and seek to explai n how the organizations of different eras have been organized. The classical management theory is a theory that seeks to explain the best way for employees to execute their responsibilities. It is divided into the classic administrative and classical scientific branches. The classical scientific division mainly has to do with scientific mindset of boosting productivity (Shafritz, Ott, and Jang, 2005). Later management theories which moved from concentrating on the division of tasks to the issues that affect employees, were based on concepts such as those espoused by Abraham Maslow; who theorized that all workers possess a hierarchy of needs that needs to be acknowledged and catered to so that they can experience satisfaction with their lives. The Japanese scholar, Dr. William Ouchi, would create the Japanese Management Style which supports Maslow’s hierarchy in its assertion that even though it is natural for employees to want to work, all jobs should be created with the aim of keeping workers happy by means of fulfilling their psychological needs. Business Leadership Theories In business organizations, good managers will inspire their workers and assist them to realize their personal as well as professional objectives. Business leaders accomplish this by using various leadership theories. The trait theory holds that leaders who have characteristics such as openness, intelligence, self-efficacy, adjustment

How to keep yourself motivated for college life Essay

How to keep yourself motivated for college life - Essay Example Time management involves taking control of the time spent while doing every activity in the college. Effective time management can be achieved by considering the following options. Firstly, students should prepare a to-do list to guide them on different day-to-day activities. By following the program on the list, students get motivated by the accomplishment done on each activity. Secondly, students can achieve effective time management by scheduling dedicated time for different activities. For example, students should create dedicated study time where they only carryout personal studies. Further, students should identify committed time such as times spend in commuting to the lecture rooms or times spend in class work. By identifying committed time, students can be able to program different activities that do not clash in terms of time of occurrence hence enabling the students to perform the different activities at ease. Lastly, students can save time by developing good study habits and using the spare time available to them. Good study habits include taking necessary notes while in class and attending to all the lectures as required. This way, students can carry out exam revision very effectively using a short time. Farther, students can effectively manage their time by carrying small portions of class work to study during spare time such as time available while waiting in lines. On the other hand, students can be motivated for their college life by being focused on their studies. Identifying the reasons and benefits of being in the college forms the basis of motivation that result good focus on college goals. However, for students to develop good focus on college studies, they should consider implementing the following activities. Firstly, students should think about why they want to graduate on a particular course. Before joining college education, most students are motivated to work

Cuban Missile Crisis - Political Theory Analysis Essay

Cuban Missile Crisis - Political Theory Analysis - Essay Example sed the tension between the US and the Soviet Union increased to an extent that the US Navy ships opening fire and engaging in warning shots as a way of calming down the situation. After the 1945 incident, the US was not ready to permit any nuclear war especially on their ground and it is for this reason that the Kennedy administration decided to play it cool. In October 28, 1962 14 days after the confrontation started, a resolution was reached. The US made a national promise never to attack Cuba secretly and the Cuban administration agreed to dismantle the Soviet Union missiles and ordered them back to USSR base. Moreover, the US decided secretly to dismantle all US built Jupiter IRBMs nuclear weapons that it had deployed in Turkey and Italy in preparation for a war against the Soviet Union. After having summarized this case study, we shall apply specific theories in an attempt to consider the conflict resolution process that may have led to peaceful resolution of the missile crisis considering that this was a very dangerous mission. In this paper, I am going to look at the Cuban missile crisis through the lens of three different theories. The first theory will be about the process approach based on theoretical framework as developed by Zartman and Druckman’s model. The second approach will be the Prospect theory as proposed by Haas and finally the Simple Game theory as developed by Zartman. According to Druckman, international negotiation is a process, which considers various factors such as political affiliations, economic impact, foreign policies and the side effects of the negotiation (Druckman 327). According to Druckman, the process of negotiation begins from a bottom to up process referred to as building a package. Druckman suggest that during the formation... Cuban Missile Crisis has been a subject under serious discussions and studies as many scholars aim at finding out how to apply the principles and theories of conflict resolution that led to the end of a 14-day crisis amongst the world superpowers. From this study, we learned about the process theory, which summarized that conflict resolution is a process that requires negotiation. We considered factors like the mission, aim, strategies, and reference points. We have studied also about the Druckman and Zartman contribution to the Cuban missile crisis. We have also learned about the simple game theory, which is a process that aims at maximizing the outcomes of the negotiations through several considerations. We have also learned about the prospect theory and its application to the Cuban Missile Crisis. The theory is summarized as follows. â€Å"When individuals perceive themselves to be experiencing losses at the time they make a decision, and when their probability estimates associat ed with their principal policy options are in the moderate to high range, they will tend to make excessively risky, non-value-maximizing choices†.

Health Economics Research Paper Example | Topics and Well Written Essays - 1500 words

Health Economics - Research Paper Example This means that most firms sampled that remained in business lies below the mean rating of the ratio of current assets and current liabilities. The median is greater than the mean. Furthermore, it is noted that there is an outlier in the data with a firm showing a ratio of 0.23. The distribution is also spread wide as shown by low kurtosis value and longer range. On the other hand, the shape of the distribution for firms that failed is positively skewed. The data gathered showed that most firms that failed are above the mean. The distribution is also peaked and shorter ranged. b) To test the hypothesis that failed firms have a lower ratio of assets to liabilities, the statistical procedure conducted is t-test. A null hypothesis is first created. The null hypothesis would be that the ratio of current assets and liabilities has no effect on the success or failure of the firm. If the data departs from the null hypothesis, then our alternate hypothesis that failed firms have a lower ratio of assets to liabilities will be correct. Below are the data for the t-test. The results as shown by the table above indicated that there is a significant difference in the assets to liabilities ratio between the firms that remained and the firms that failed at the 0.05 level. ... The distribution is also peaked and shorter ranged. b) To test the hypothesis that failed firms have a lower ratio of assets to liabilities, the statistical procedure conducted is t-test. A null hypothesis is first created. The null hypothesis would be that the ratio of current assets and liabilities has no effect on the success or failure of the firm. If the data departs from the null hypothesis, then our alternate hypothesis that failed firms have a lower ratio of assets to liabilities will be correct. Below are the data for the t-test. t-Test: Two-Sample Assuming Equal Variances Alpha = 0.05 Firms that Remained Firms that Failed Mean 1.73 0.82 Variance 0.41 0.23 Observations 68 33 Pooled Variance 0.35 Hypothesized Mean Difference 0 df 99 t Stat 7.172 P(T

Writing as Art Essay Example | Topics and Well Written Essays - 1500 words

Writing as Art - Essay Example According to Mills (1), a writer develops words, makes them true, emphasize, and illuminate the words through images. He further argues that there are characteristics that identify writing as an art, and they have a significant impact on the readers and the writers; these features include world, story, image, and voice. Writing campaigns is one of methods through which writers, activists, and lobbyists protest social problems. Writing campaigns have been in use for many years. Some have been effective while others have not. However, they serve the same purpose of educating and spreading the message, they want done. The paper will discuss writing as art, and the way writing campaign has used to protest social problems. Writing as Art Writers develop words, make them true, emphasize, and illuminate the words through images. Through the voices, they hold the reader’s attention and remind them of the changing tones of speech. Through the stories heard and told, they indicate the w ay the writer’s thoughts are molded by the narrative, how the writer shapes the lives and thoughts of others and their lives. There are features that are used to identify writing as a form of art, and they have a strong impact on the readers and writers. ... Writing as art assists us to determine the images, stories, worlds, and voices individuals inhibit and which inhabit writers, in other words, the acquired culture (Mills 2). Writing in its creative form is not limited to the voice of one principal authority, or to a type of address by a single speaker, for instance, a middle-class white educated British-American. Currently, individuals from various ethnic and racial backgrounds, representing differences of sexuality, gender, and age, practice writing as an art. The readers and the audiences actively look for all these voices whose numbers indicate the same range of experience and culture (Mills 4). The idea of the writer’s voice finding a voice indicates the writer’s position towards all the creative characteristics of writing as art including those of the voice. The voice is generated by the recurrent places, qualities and aspects of the world being represented, images chosen to highlight, what the writer writes about, and the story-like events or story that hold a special fascination to the writer. The choice of words relies more on what the writer thinks on the undercurrents and currents of speech. Creative language entails what individuals say, and the manner they speak with themselves and to each other, and this creates a rich supply of spoken rhythms. From each single voice are many voices, some are calm and angry, some perverse and moral, others overheard and native. An important skill to the writer is learning the virtue of listening to the voices, those within them and those that surround them, and those of the characters in the play or the story (Mills 7). It is important to note that all the writing is affected by the

Analysis of Plain Vanilla and Combined Option Strategies Essay

Analysis of Plain Vanilla and Combined Option Strategies - Essay Example Such buying or selling may take place on either a set date or a time before the date. The contract that enables such kind of financial trading to take place is referred to as option. There are several option strategies that may be used by the seller. Studies have actually showed that how careful a seller is in selecting an option goes a long way to determine the success of the transaction. This study gives emphasis to two of these option strategies namely plain vanilla and combined options. 1 Problem Definition and Objective The recent development of financial markets is connected with growing uncertainty of market participants. The current conflict in Syria, contrary expectations on the start of the Fed’s reduction of the quantitative easing program as well as mixed signs on economic growth in the US and Europe, are fueling investors fears. In this regard, investors are searching for strategies to manage market movements and minimize exposure to risk. Fortunately, there exist various market instruments that enable risk transfer to other more risk-tolerant market participants. Those instruments are called options and belong to the category of derivatives. Investors are able to trade in derivative instruments offering both – great potential returns and loss. Due to the large investment universe of derivatives, the author is going to reduce the complexity by analyzing the most common option strategies: plain vanilla and combined options. The goal of this project paper is to analyze and demonstrate motives using options in different market conditions to support investors in their investment decisions. Quelle zum ersten Satz 2 Course of the Investigation To introduce the topic of the analysis of option strategies, the theoretical fundamentals of options will be presented in the second chapter. First of all, the definition and delimitation of the term â€Å"option† are covered to give the reader a general introduction into the topic. A deeper in sight is going to be provided by characteristics and main factors influencing the option price. In this regard, the reader will get the main overview of the theoretical framework. To reduce complexity and give investors a comprehensive overview on common strategies, the author will start with the analysis of plain vanilla options. In the following chapter, the focus will switch to combined option strategies to increase the quantity of investors’ scenarios. In conclusion, all significant observations will be concisely summarized. In this regard, the author is going to break down an illustration with option characteristics 2 Theoretical Framework of Options 1 Definition and Delimitation of the term â€Å"Option† (des Optionsbegriffs) An option is generally a contract that gives right to a buyer to complete a buying or selling transaction on a specified date or before the date at a strike price (Frenkel, 2009). The rate at which financial markets are growing have given ri se to the use and availability of as many forms and types of options as

We do not have a language to represent female killing Essay

We do not have a language to represent female killing - Essay Example Women aggression and violence is not tolerated in many societies as it deviates from the womanhood. Much stereotyping arises with the women violence and killing cases and media has taken advantage of the cases to report what is not. Involvement of women in violence is associated with lesbianism which is said to be change towards masculinity making women more like men and can do anything men can. Women violence and criminality is unique and unnatural under the natural womanhood and is associated with change towards masculinity and attracts much media attention, which may have an impact in the judicial process which seems biased against women. The Changing Trends Women involvement in criminal activities, violence and even killing has always remained an imagination but it seems it has turned to be a fact. In the twentieth century, several cases involving women aggression and violence were reported and included the Papin Sisters in 1933, Aileen Wurworns in 1989-1990, Stacey Wigginton in 1989 and Sanna Sillanpà ¤Ãƒ ¤ in 1999 were reported. In all these cases, women were involved in violence which led to death of some people. It is interesting that men were the majority victims in all these cases. The society takes the case of women killing differently compared to the cases involving men. Berrington and Honkatukia (2002) confirm that women involvement in crime is exceptional and unnatural. In an interview, Dr Lizzie Seal, the author of the book Women, Murder and Femininity confirms that women who kill are not natural women and they can be called failed women in the society. She goes on to explain that women are nurturing and gentle in nature. In that case, a woman killing is in total contrast to their natural characteristics (Taylor, Seal and Westmarland, 2011). The deviance to get to that level is surprising according to the expectations of women. In any society whether it is in the developed country or under developed, women are expected to be just women with well defined roles. Roles of women include looking after the house, taking care of children and most importantly complimenting the man especially in the white middle class. In this case, women are care givers and nurturers by nature as stated above. The traditional social role of women put them in a situation in which they could not engage in criminal activities. However, the society has been opening up and the roles of women are changing from the traditional social and home roles. These changes are the reasons women are now involved in criminal activities as Rosenblatt and Greenland (1974) explain. According to them, the new changes can easily create opportunities for women to be involved in criminal activities, violence and killing. However, the idea of women killing has not been accepted by many. Most people in the society keep wondering what can inspire women to kill other people. Several theories have been drawn to explain this idea. One theory which is stated in many books states that women can only kill when they have changed in their bodies. In this case, their bodies change to be like those of men. Men bodies are masculine and their traditional roles allow them in some way to kill, though it is not allowed by law. Therefore, a woman would have to be masculine to be able to kill. Barak, Leighton, and Flavin (2007 p.114) point out a women can kill when

The case of Radmacher v Granatino Essay Example | Topics and Well Written Essays - 2250 words

The case of Radmacher v Granatino - Essay Example Center of discussion in this paper is the case of Radmacher v Granatino that has drawn much attention because the High Court will be finally deciding how much weight it would place on the pre/ante-nuptial agreement in the area of financial relief during divorce. Pre-nuptial or ante-nuptial arrangement is typically sought by rich families, as in the case of Radmacher formerly Granatino v Granatino, to protect and preserve the assets of the wealthy party from a claim during divorce. The terms are typically spelled out on how their assets be divided or waiver of claim through a written agreement. Pre-nuptial or ante nuptial however is traditionally viewed by English law as non-binding because it is contrary to public policy. English Courts however have discretion to how to treat ante-nuptial agreements, on what weight should be placed on them and has the power to veer away from what was agreed on the ante-nuptial arrangement. This is especially so when there are children borne out of a long marriage. There are also other circumstances when the Courts could reinterpret or set aside the ante-nuptial agreement from its original arrangement in cases where there is an indication of duress on the weaker party to agree, may cause unfairness to one party, non full disclosure of assets, or where the parties involved was not able to get independent counsel on the various implications of the ante-nuptial arrangement before entering into the agreement.... The husband was a French national and the wife is a German national. The ante-nuptial agreement was signed three months before the marriage under German jurisdiction and specified that each party will keep their assets and that the other party will make no claim against the assets of the other in the event of a divorce. The wife had considerable wealth and inheritance before the marriage while the husband was a banker at the time the agreement was signed. The husband did not have an independent counsel about the implication of the ante-nuptial agreement. The agreement also contained no provision in the event that their marriage will have children. They were married in London in 1998. After eight years of marriage, the appellant and the respondent separated. Their marriage produced two daughters. During the dissolution of their marriage, the husband embarked on a research studies and had left his job as a banker and applied to the court for financial relief. The High Court then decide d to grant him over ?5.5m which would enable him to have an annual income of ?100,000 for life. He was allowed to have a home in England so that his children could visit him. The wife appealed to the Court of Appeals where it was decided in favour of her to give weight to the ante-nuptial agreement where the financial relief should only be limited on the provision of him being a father and not for his own need. The husband then appealed to the Supreme Court. Decision Traditionally, English Courts do not put considerable weight to agreements between individuals who were getting married or already married4 (post-nuptial agreement) that specifies the contingency or terms of their separation on the grounds that this may encourage them to separate5. Such,

Investment Behaviour of Women Essay Example for Free

Investment Behaviour of Women Essay Abstract Through an analysis of recent reforms in three policy areas in Chile—pensions, childcare services, and maternity/parental leave—the paper seeks to explore how equity-oriented reforms deal with the triple legacy of maternalism, male-breadwinner bias, and market reform. Recent studies of â€Å"new† social policies in Latin America have underlined the persistent strength of maternalist assumptions. Feminist research on new cash transfer programs, in particular, has tended to see more continuity than change in the gendered underpinnings of social policy. This paper suggests that once we broaden our ï ¬ eld of vision to include other social programs and reforms, the ways in which contemporary social policy (re)deï ¬ nes women’s productive and reproductive roles, social rights, and obligations are more complex and contradictory. Indeed, while some policies take unpaid care by women for granted, others point to an increasing awareness of inequalities   Staab that shape women’s and men’s differential access to market income and public social beneï ¬ ts. Over the last decade, there has been a veritable explosion of scholarship on Latin American social policy. In part this reï ¬â€šects the fact that—after decades of neglect—Latin American states have rediscovered social policy and scaled up their efforts to address the social fallout of liberalization. Indeed, while â€Å"Washington Consensus† reforms were mainly driven by the desire to cut costs and reduce the scope of the state, the late 1990s and 2000s have seen more coordinated state interventions to reduce poverty, inequality, and social exclusion. While not returning to post-war social protection schemes, countries in the region are experimenting with policies that break with the neoliberal notion of minimal safety nets (Barrientos et al. 2008; Molyneux 2008; Cortes 2009).  ´ What does this â€Å"return of the state† mean for women’s social rights and welfare? It has been argued that in contrast to the gender blindness of neoliberal reforms, â€Å"new† social policies have been gender conscious (Bedford 2007). However, relatively little systematic research has been carried out on the gender dynamics of this new social agenda (Macdonald and Ruckert 2009). The existing literature seems to suggest that there is far more continuity than change in the gendered underpinnings of â€Å"new† social protection programs. Feminist research on conditional cash transfers (CCTs)—a key innovation associated with Post-Washington Consensus social policy in the region—has tended to stress the persistence of maternalism (e.g., Molyneux 2007; Bradshaw 2008; Tabbush 2009), a set of ideas and practices with a long and ambiguous history in the region. Yet there is more to Post-Washington Consensus social policy than CCTs. Several Latin American countries are experimenting with other care-related policies alongside cash transfer schemes— including the introduction of full-day schooling, the expansion of early childhood education and care (ECEC) services, maternity/ parental leave reforms, and in recent pension reforms, the introduction of child-rearing credits. While some of these programs take the unpaid care by women for granted , others point to an increasing awareness of gender inequalities that shape women’s and men’s differential access to labor market income and public social beneï ¬ ts. That these initiatives have received little scholarly attention leaves the impression that Latin American social policy is stuck on a maternalist track, when national and regional trends are likely to be more varied and complex. Against this broader backdrop, the main aim of the paper  is to provide a better understanding of the complex and contradictory  ways in which women’s productive and reproductive roles, social rights, and obligations are constructed and (re)deï ¬ ned in the context of recent equity-oriented reforms. I argue for a two-tiered approach. First, I propose to move beyond single policy analysis towards a more systemic view that takes into account and compares developments across sectors. Second, I aim to assess these reforms according to the ways in which they have dealt with three key legacies: marketization, maternalism, and male-breadwinner bias. I apply this approach to the recent reforms in Chilean social policy, a particularly intriguing case. First, Chile is often cited as the Latin American country where neoliberal principles have been most comprehensively applied. Its 1980s social sector reforms–particularly in pensions and health–have long been promoted by international ï ¬ nancial institutions as a model for other countries to emulate (Taylor 2003; Orenstein 2005). Recent innovations in Chile’s social policy regime thus merit close attention. Second, Chile combines market liberalism with strong social conservatism, particularly with regards to gender roles. We would expect these two legacies to create mounting tensions and contradictions –for example over whether mothers should be at home (maternalism) or in the market (liberalism)–that social and employment policies have to navigate. I have chosen to focus on the recent reforms in pension, ECEC, and parental leave policies, issues which have been high up the public agenda in Chile and elsewhere. This is reï ¬â€šective of both broader global discourses spearheaded by international organizations such as the World Bank and the OECD, as well as a regional trend to revising social protection frameworks with an emphasis on increasing the coverage of hitherto excluded groups.1 The selection thus consciously combines two more traditional policy areas associated with social protection/consumption (pensions and maternity leave), with an emerging area geared towards social investment (ECEC). While the former were directly undermined by structural adjustment and deliberately restructured following the advice of international ï ¬ nancial institutions (Orenstein 2005; Brooks 2009), the latter have acquired prominence over the past decades as a means of reducing poverty by facilitating women’s labor force participation and as a cost-efï ¬ cient tool to promote human capital development by investing in early childhood development. These ideas form part of an emerging global paradigm (Jenson and Saint-Martin 2003; Jenson 2010; Mahon 2010) and seem to have ï ¬ ltered down to the national level with several Latin American countries experimenting with childcare-related reforms.2 The combinat ion of protection and promotion implicit in this selection is also highly relevant from a gender perspective. While childcare services and parental leaves can facilitate women’s engagement in paid employment, pension systems can be designed in ways that translate labor market inequalities into unequal entitlements in old age. They thus represent two sides of the same problem, namely the extent to which the gender division of labor affects women’s and men’s differential access to income and social security. The remainder of the paper is structured as follows. The next section brieï ¬â€šy illustrates the rationale for choosing marketization, maternalism, and male-breadwinner bias as key dimensions for assessing continuity and change. It takes a historical and  regional perspective to show how they became embedded in Latin American systems of social provision. The second half of the paper then provides a detailed analysis of recent reforms in Chilean pension, childcare, and maternity leave policies. The ï ¬ nal section draws out some comparative conclusions about the extent to which the recent reforms have dealt with the key legacies of marketization, maternalism, and male-breadwinner bias. Maternalism, Male-Breadwinner Bias, and Market Reform  Trajectories of welfare state formation and change in Latin America are in many ways different from those of advanced economies in Europe or North America that have formed the basis for theory building. The most important difference is probably the dynamism and radicalism with which development strategies have been recast over the last century (Sheahan 2002, 4). Thus, many countries moved from state-led import-substituting industrialization (ISI) in the post-war period to the rather radical application of neoliberal prescriptions following the recessions and debt crises of the late 1970s and early 1980s. These transitions left distinct legacies in systems of social provision. From the often incomplete formation of welfare institutions in the post-war era, governments in the region turned to retrenchment, deregulation, and privatization. Redistributive and universalist aspirations—however exclusionary or stratifying these had been in practice (Filgueira and Filgueira 2002)—were buried with the shift to market-led development and the region moved closer towards liberal-informal welfare regimes (Barrientos 2004). As the state was scaled back, reforms empowered business interests which became directly involved in education, health, and pension systems.3 Gender roles and norms as well as pervasive gender inequalities across states, markets, and households mediate women’s and men’s exposure to social risks as well as their speciï ¬ c need for social protection and services. Women face particular challenges due to  motherhood and other caring responsibilities that societies largely assign to them (Lewis 1992; O’Connor 1993; Orloff 1993). Yet, these risks and responsibilities have rarely been taken into account in the design of social policies. Thus, Bismarck-style social insurance systems, such as those founded across Latin American countries in the post-war period, had an inherent male-breadwinner bias.4 Women, in turn, tended to access social beneï ¬ ts as wives of a male breadwinner or as mothers whose maternal functions had to be safeguarded and protected (Gimenez 2005). Motherhood became the  ´ very basis on which women staked their claims to citizenship rights and states deployed their efforts to mobilize female constituencies. At the heart of this â€Å"civic maternalism† was the belief that women– and in particular their biological and social function as mothers– had to be recognized, valued, and protected (Molyneux 2000).5 This was, in Nancy Folbre’s words, the â€Å"patriarchal trunk† onto which market reform was grafted, but which â€Å"continues to inï ¬â€šuence the shape of the tree† (Interviewed by Razavi 2011). A large body of literature has documented how struc tural adjustment increased the overall burden on women. Thus, where privatization and trade liberalization triggered a rise in male unemployment, women were pushed into (largely informal) paid employment to make up for lost wages. Meanwhile, retrenchment and commercialization of social services shifted more responsibilities for social provision to the domestic sphere, where the prevailing gender division of labor meant that women spent more time on unpaid reproductive work (BenerÄ ±a and Feldman 1992; Sparr 1994; and Elson 1995). In  ´ social protection systems, the move from risk sharing to individualization exacerbated already existing gender inequalities. By tightening the relationship between contributory patterns and pension beneï ¬ ts, market reforms effectively deepened male-breadwinner bias (Dion 2008). In health, private insurance companies were given plenty of rope for deï ¬ ning premiums based on gender-speciï ¬ c â€Å"risks†, such as pregnancy (Gideon 2006). As a result, the costs of biological and social repr oduction were further individualized and passed on to women. Paradoxically, maternalism remained a strong theme in the neoliberal era, at least at the level of public discourse (Molyneux 2000). In short, market reforms layered new gender inequalities onto the already existing legacies of maternalism and male-breadwinner bias. As a result, conservative elements exist alongside (neo)liberal elements in the contemporary welfare architecture of many Latin American countries. How are these legacies challenged or compounded by the current wave of policy innovations and reform? If the state is indeed assuming greater responsibility for social  provision, does this trend provide a more favorable context for redressing gender inequalities? More particularly, does it reï ¬â€šect a greater recognition and redistribution of the responsibilities for and costs of care and social reproduction? The existing literature suggests that there is far more continuity than change in gendered assumptions even as new social programs are being rolled out: Recent studies have argued, for example, that new social programs have paid scant, if any, attention to the underlying structures of gender inequality in labor markets and households (Razavi 2007); that economic and social policies continue to place the burden of social reproduction on families (read: women); that the particular design of social programs tends to reinforce traditional gender roles without providing long-term strategies for women’s economic security through job training or childcare provision (Molyneux 2007; Tabbush 2009); and that new social policies increase social control and surveillance of mothers’ child-rearing behavior and performance (Luccisano and Wall 2009). Feminist research on CCTs, in particular, has tended to stress the persistence of maternalist orientations (e.g., Molyneux 2007; Bradshaw 2008; Tabbush 2009). This literature has been central for understanding the gendered nature of â€Å"new† social policies in the region and much remains to be learned about the actual diversity of  ´ these programs (MartÄ ±nez Franzoni and Voorend 2009) and their impact on women from different ethnic groups (Hernandez 2011;  ´ Rivera 2011). Analytically, however, the focus on a single scheme is insufï ¬ cient to assess the processes through which women’s productive and reproductive roles, social rights, and obligations are currently being (re)deï ¬ ned. Several Latin American countries are experimenting with other social policies alongside the much-cited CCTs, including the introduction of full-day schooling, the expansion of ECEC services, maternity/parental leave reforms, and the introduction of child-rearing credits in recent pension reforms. In each of these areas, equity-oriented reformers struggle with the legacies of maternalism and male-breadwinner bias, on the one hand, and the (ideological and de-facto) importance of markets, on the other hand. I argue that these struggles shape reform processes and outcomes in ways that are more complex and contradictory than the existing literature on CCTs suggests. The following analysis of Chilean social policy sets out to unravel some of these complexities by looking at the recent reforms in pensions, childcare, and leave regulations. Implicit in this approach is an understanding of the state as a concept that helps to contextualize present political conï ¬â€šicts and policy processes (Hay and Lister 2006). In other words, previously enacted policies, institutional choices, and strategic interactions constitute a â€Å"strategically selective terrain† (Jessop 1990, 203) that structures present political conï ¬â€šict, rendering it more conducive to some  demands than others. While not determining their behavior, the ensemble of institutions and policy frameworks that comprise the state offer opportunities to and impose constraints on, the political agency of those wishing to effect policy change. The three legacies outlined above form part of the institutional landscape of the state. As such, they are shown to play a signiï ¬ cant role in current attempts of reform and policy innovation. While these legacies constitute the main focus of this paper, they are by no means the only factor that shape change and continuity in Chilean social policy. In fact, sector-speciï ¬ c actors, partisan politics, and particular political contingencies come into play to differing degrees. Furthermore, the continuity and deepening of an economic model based on trade openness, macroeconomic stability, monetary, and ï ¬ scal discipline and ï ¬â€šexible employment, forms the backdrop against which more expansive social policies have emerged as a response to persistent inequality. However, the full meaning of recent reforms cannot be understood without taking into account the gender-speciï ¬ c legacies in each sector.  (En)gendering Change and Continuity: Recent reforms in Chile Chile is a particularly intriguing case for analyzing continuity and change in social policy. On the one hand, it is often portrayed as the country where neoliberal principles have most profoundly transformed economic, social, and political institutions (Kurtz 1999; Filgueira and Filgueira 2002). While radical market reforms were carried out under the aegis of a military dictatorship (1973–1989), many of the model’s features were maintained with the return to democracy. Consequently, the country’s policy framework is often represented as particularly resistant to equity-oriented change. On the other hand, Chile combines market liberalism with social conservatism—two features that conventional welfare regime analysis tends to locate in different clusters (the conservative and the liberal variant, respectively). Female labor force participation is among the lowest in the region (ECLAC 2008), the country’s welfare regime has been described as inherently â€Å"gender biased† (Pribble 2006, 86), and conservative social norms  regarding women’s role in the family loom large (Contreras and Plaza 2010).6 Despite this rather unfavorable context, recent reforms suggest that these frameworks are not carved in stone. Since the early 2000 s efforts to expand social protection, to improve access to and quality  of social services and to strengthen social rights have featured prominently on the country’s social agenda, leading some to argue that Chile may be approaching a â€Å"point of inï ¬â€šection† (Illanes and Riesco 2007, 406). The following sections shed light on the complex and contradictory ways in which the triple legacy of maternalism, male-breadwinner bias, and market reform is addressed by recent reforms in pensions (adopted in 2008), childcare services (signiï ¬ cantly expanded since 2006), and maternity leave (reformed in 2011). Before delving more deeply into the developments in each sector, it is necessary to brieï ¬â€šy describe the broader economic and political context since the country’s return to democracy in 1990. Context of Recent Reforms and Policy Innovations The return to democracy did not entail a drastic transformation of the institutional foundations of economic and social policy inherited from the military regime (Moulian 2002; Taylor 2003; Borzutzky 2010). In fact, in macroeconomic terms the center-left party coalition Concertacion that governed the country from 1990  ´ to 2010 validated and deepened the neoliberal model based on trade openness, macroeconomic stability, monetary and ï ¬ scal discipline and ï ¬â€šexible employment. To offset some of its worst effects, social spending increased steadily which, together with economic growth and employment creation, dramatically reduced absolute poverty from 38.6 percent in 1990 to 13.7 percent in 2006 (ECLAC 2008), although it did relatively little to improve income distribution or lessen social inequalities and fragmentation in education, health, and social protection (Solimano 2009). Explanations for this continuity are manifold, including the formidable constraints placed on  the autonomy of the ï ¬ rst Concertacion governments by authoritarian enclaves in the political  ´ system that granted right-wing political opposition important veto powers; the resistance of business interests whose power increased as a result of market reforms; the weakness of other civil society actors, particularly labor; a political culture eager to avoid the kind of political confrontation that preceded the military coup; and the adoption of market-oriented ideas by key decision makers within the centerleft coalition itself (e.g. Kurtz 2003; Castiglioni 2005; Borzutzky and Weeks 2010; Ewig and Kay 2011). The result of this complex and contradictory process has been described as a Chilean â€Å"Third Way† characterized by an â€Å"unwavering commitment to trade liberalization and privatization despite considerable public opposition† and a â€Å"predisposition to a policy process that discourages participation by civil society and rank-and-ï ¬ le party members, while affording business access to the  highest reaches of government† (Sandbrook et al. 2007, 164–65). This set-up makes some policy areas more amenable to equity-enhancing reforms and innovations than others. As the economic model rests upon a ï ¬â€šexible and restrictive labor regime (Frank 2004), social policy is largely conï ¬ ned to enhancing workers’ ability to compete on the market and to mitigating some of the worst risks that unregulated and precarious employment entails. This goes a long way to explain why the two socialist-led governments of Ricardo Lagos (2000–2006) and Michelle Bachelet (2006–2010) spearheaded health reform, pension reform and childcare service expansion in order to enhance equity, while shying away from reforms related to the country’s labor market where many of the fundamental social inequalities originate. While the  Bachelet administration’s employment policy and labor relations have been described as disappointing, (Lopez 2009;  ´ Sehnbruch 2009), it did turn social protection into a key priority. The concept ual pillars of her strategy included a life-course approach to social protection and the attempt to introduce a rights-based perspective (Hardy 2011). The latter materialized in a gradual lifting of budgetary restrictions on social assistance7 and the progressive relaxation of eligibility requirements for accessing a range of beneï ¬ ts. The life-course approach, in turn, is captured in repeatedly stated commitments to create equal opportunities and protect citizens â€Å"from the cradle to old age†. Tellingly, its translation into policy focused on the two extremes of the life course, namely the reform of the pension system and Chile Crece Contigo, an integrated early childhood protection system that included the massive expansion of childcare services. The working-age population remained caught in the middle with persistently low employment quality, including a high level of job instability and the limited reach of employment-based rights and beneï ¬ ts, a scenario that disproportionately affects women workers (Sehnbruch 2009). 8 Thus, the attempt to square greater equity and social inclusion with an open economy inï ¬â€šuenced the scope and locus of policy change during the Bachelet administration. While acquiring greater visibility, social protection remained subordinate to macroeconomic goals, including those related to employment, understood as not interfering with job creation through greater regulation and rights for workers. In this context, it is particularly surprising that a highly controversial employment-related reform was introduced under the new right-wing government of Sebastian Pinera (2010) which, in ËÅ"  ´ 2011, expanded (women) workers’ rights through a reform of maternity leave regulations.