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Mental Health for Interpersonal Skills in Interviewing Patient

Question: Examine about theMental Health for Interpersonal Skills in Interviewing Patient. Answer: Nursing is a calling that vigoro...

Tuesday, August 25, 2020

Mental Health for Interpersonal Skills in Interviewing Patient

Question: Examine about theMental Health for Interpersonal Skills in Interviewing Patient. Answer: Nursing is a calling that vigorously depends on the correspondence with the patient and other social insurance suppliers. For a significant analysis of a diseases in a patient, great relational aptitudes among the medical caretakers is crucial. As per Bach Grant, (2015), the collaboration between an attendant and a patient must be productive when drawn nearer cautiously to assemble a compatibility and the rest will run easily. Correspondence is the core of any medical attendant patient collaboration. Data should easily stream to impact the cooperation of either parties. The fundamentals of correspondence joins a five part circuit; sender, message, means, beneficiary and a criticism (Arnold Boggs, 2015). Correspondence includes the death of messages from a sender to the beneficiary utilizing a fitting methods. All the members must partake for it to be said to have occurred. To encourage correspondence, I would initially make a compatibility that would empower us to continue easily. By first posing the patient a few inquiries inconsequential to their malady and guaranteeing him of your duty to his prosperity. By tending to them by his name, Mr. Barry would feel that I am putting forth an attempt to recognize myself with him. It helps manufacture some certainty. I would guarantee that we impart in a language that the two of us comprehend or look for the assistance of a mediator if need be. Listening is a fundamental attribute in any collaboration with a patient (Bramhall, 2014). A decent audience considers time for the other individual to put over their contribution without interference. A medical caretaker should utilize open finished inquiries and permit the patient communicate uninhibitedly. Listening should be a functioning procedure, as in, the individual talking should be capable see that you are tuning in to them. In certain occasions, I would hub with understanding and keep in touch. In certain examples, take notes where fundamental. This will make Mr. Barry see that I am worried about his condition. This will be a method of urging him to give more data about his condition. He needs consolations that something will be done in spite of the way that he as of now feels he is a disaster area Tolerance can't be neglected particularly in patients who appear to be anxious and intellectually upset. They may will in general offer some unfathomable expressions (Blais, 2015). Some may talk so quick. From the case situation, Mr. Barry has been depicted as eager and worried up. He has a ton dashing in his psyche. An underlying endeavor to talk with him is quiet him down. It might require some investment and that stresses the should show restraint toward him. Signs and side effects of mental issue. They can be extensively ordered into passionate and physical signs and indications (Barkley, 2014). Enthusiastic signs rotate around the character and the social issue. Physical signs are inspired from the body changes that happen as outcome of the psychological unsettling influence. A model is weight reduction. Mr. Barry gives indications of nervousness. He was seen to be glancing around tensely and appeared to be more eager than different patients. By this specific conduct one can reason that he has a few worries that are not really physical ailment (Taylor, 2014). He is by all accounts such a great amount of worried about his family and kids. He feels that there are a few issues that should be tended to however feels powerless. His passionate upheaval is likely an outcome of being conserved from the neighborhood phone organization. He appears to be not able to anticipate the future and questionable of what may result with the current situation. He has stresses in any event, for his grown-up youngsters and feels he cannot adapt to their issues He presents with certain interruptions in the day by day schedule that he can't control. His eating and resting designs have been upset. His typical routine interruption may result from mental burdens. An individual can't rest because of uneasiness, stress, torment and inconvenience. Mr. Barry is worried of the thing he can't control. He can't have legitimate rest stressing over his wellbeing and cash issues. In distressing circumstance, the cerebrum discharges synapses that are engaged with stifling the rest and craving focuses in the mind. The cognizance communities are animated and there is an expanded thoughtful tone. This mean rest interruptions and a raised degree of cognizance. Physical signs, for example, an expanded pulse and an abatement in the body weight per age may likewise be a pointer particularly while going with other enthusiastic indications (McGee, 2016). Mr. Barry shows presents with an expanded pulse and wordy brevity of breath. These signs show an expanded in thoughtful tome and a restraint of parasympathetic framework. He likewise presents with a diminished weight for every age. This might be credited to the stomach related surprises and the expanded thoughtful surge which builds digestion and breakdown of fats in the body. These signs, however introduced truly are a pointer of existing emotional well-being issues. The relationship might be missed if social side effects are not plainly distinguished Clinical intercessions. Psychosocial treatment will address his enthusiastic, social and mental measurements so as to address tension issue. This mediation incorporates a mind boggling collaboration between the past occasions and their understanding concerning their impact on the current ones (Ross, 2017). In psychological wellness one may attempt to persuade him that there are as yet different chances to investigate in life past joblessness. Every one of his issues appear to be revolved around the way that he is jobless and fears that he may not be in a situation to help his family adequately. An endeavor ought to be made to make him see the condition as only a test that will empower him be increasingly helpful in life issues. He still inside the working age and can make sure about a vocation. It may be a chance to consider he can go into business. He can likewise be urged to make social bonds to assist him with adapting and deflect wretchedness that may before long result without social assistance. The uneasiness can likewise be tended to utilizing body mind procedures. Unwinding can be extremely useful to help diminish the heartrate to ordinary. It includes a purposeful exertion to gather ones vitality into tending to the issue that is unpleasant. Mr. Barry can profit by a meeting where he is encouraged to rehearse contemplation when he gropes pushed. His upset resting example and stomach related surprises might be counterbalanced medicinally. These side effects have happened optional to uneasiness issue. Rewarding the essential driver will explain the optional introductions (Morey, 2015).Pharmacotherapy is typically a subsequent line approach in managing nervousness after other non-clinical ones. Anxiolytic specialists can be controlled by the therapist to lighten these side effects. Specific serotonin reuptake inhibitors are the principal line drugs. Mr. Barry may profit by this methodology. TCA might be utilized as the subsequent line if the SSRI neglect to work. Venlafaxine is a Serotonin and norepinephrine reuptake inhibitors (Procyshyn, Bezchlibnyk-Butler, Jeffries, 2017). They increment the sum and time which free serotonin is accessible on its receptor. This prompts downregulation of the receptor. Serotonin directs the temperament and conduct, for example, hunger and rest in a person. this medication is endorsed as a solution for tension. The medications impact sets aside some effort to set in. hence the patient should sit tight for quite a while to consider it to produce results and diminish the nervousness. Understanding instruction. For a moderate discharge container, Mr. Barry should gulp down it. He ought do whatever it takes not to crash them or bite them. The medication is taken with food. Some of the time, to make it effectively consumable, one may pick to open it up and sprinkle it in food so as to take it in little span stretches (Winner, 2015). This is alright as long as they dont bite it and all the medication is taken at back. Nothing ought to be safeguarded for later utilization. He should attempt to expend the medication at around a similar opportunity to guarantee that remedial focuses are kept up all through. The medication ought to be put away at room temperature away from warmth and dampness. He should keep taking the medication despite the fact that occasionally it might appear as though it isn't working. He ought to take into account some an ideal opportunity for its belongings to set in. in the event that he feels that it isn't working, he ought not cease except if he is exhorted so by the specialist. Unsavory symptoms might be watched if the drug is halted unexpectedly (Aftab, 2015). Mr. Barry once in a while takes liquor. Under this conditions, he ought not take any liquor to maintain a strategic distance from some symptoms related with its utilization while taking the drug. He ought to likewise evade exercises that expect him to be caution such a driving. Venlafaxine hinders thinking and response. This may represent a danger to his wellbeing on the off chance that he is associated with risky exercises. Mr. Barry ought to be very much aware of the reactions that are probably going to result once he begins taking the medicine. He ought not be adversely affected by the medication consequently he ought to be watchful to get any indications of sensitivity. It might result into a swollen tongue, rash, hives and trouble in relaxing. On the off chance that such signs are noted, one ought to abstain from utilizing these medications and look for clinical consideration. He ought to know about plausible medication cooperations that might be risky (Spina, Pisani, de Leon, 2016). On the off chance that they need to take NSAIDs, they ought to counsel their primary care physician on the one they should take. There is an expanded antiplatelet impact by utilizing it with these medications. This represents an incredible risk in the event that they are harmed since they may lose a ton of blood all the while. Different medications that he ought to counsel before taking are: some other antidepressants, anticoagulants and medications to treat headache As indicated by Lader (2015), regular symptoms related with venlafaxine include: changes in vision, unsteadiness, cerebral pain

Saturday, August 22, 2020

Human impacts on the hydrology of the Mekong River

Human effects on the hydrology of the Mekong River Harm to the River Mekong Basin Mekong is a waterway that stumbles into Southeast Asia and is considered as the tenth longest stream on the planet. It is around 4,900 km and spreads a zone of approximately 795,000 square km. the waterway stumbles into a few nations, including China, Burma, Laos, and Vietnam.Advertising We will compose a custom paper test on Human effects on the hydrology of the Mekong River explicitly for you for just $16.05 $11/page Learn More Since the stream courses through exceptionally populated regions with serious farming exercises and water redirection rehearses, it has ceaselessly experienced a move in its hydrology particularly when it moves through China. For example, China is right now setting out on a venture where it will build dams out of the stream, three of which have been finished, while 12 are on various stages. In Thailand, the Pak Mun dam is now finished, and in Cambodia, a hold has been developed on the Tonle Sap River, which streams into the Mek ong. These dam development exercises have effectsly affected the hydrology of the stream. The lower Mekong River has encountered a decrease in water levels throughout the years, and this decrease has been ascribed to dam development exercises upstream. For example, the filling of the Manwan supply 1n 1992 caused an extreme decrease in the water level in the waterway (Walling, 2006). An appraisal of the stream at different stages indicated that an interference of the standard water stream, prove by an expansion in residue in Mekongs bed. Eve however a portion of these developments are not embraced on the fundamental course of the waterway, the impact is as yet huge, for example, examines show that development on the Lankang River, the Mekongs standard, has caused a significant decrease of water downstream (Lu and Siew, 2006). Dam development has expanded the volume of dregs in the Mekong River. This is on the grounds that a decrease in the progression of water successfully diminishes the measure of water to ship the dregs downstream. In this way, the dregs settle at the base of the stream and lessens it depth.Advertising Looking for paper on natural examinations? How about we check whether we can support you! Get your first paper with 15% OFF Learn More Indeed, contemplates show that regions along the center and last purposes of the Mekong River have had a diminished measure of dregs motion, for the most part ascribed to the sedimentation of the Manwan dam. The silt are likewise caught in the repositories and dams that are developed on the waterway or its tributaries. A decrease in silt stream has hugy affected the hydrology and environment of the Mekong, particularly at the downstream areas (Kummu Varis, 2007). Silt transition prompts a low water profundity and this has made ships stall out, littler fish are currently gotten and the catch has dropped radically while the Chiang Rai port on River Mekong is recording extremely low business. Silt motion along the Mekong River has basically influenced zones promptly downstream of the dams under development or being in-filled. This very extraordinary to certain territories in which the stream has either expanded or stayed steady most likely because of alluvial stockpiles inside those regions. Shockingly, a decrease in silt transition likewise accompanies a few preferences, for instance, it would improve guideline of the flood cycle, consequently bringing down the recurrence and level of floods. Notwithstanding, territories that rely upon floods to get supplements will endure thus. The Tonle Sap River and its biological system have been generally influenced by dam development upstream (Kummu and Sarkulla, 2008). Dam developments have caused a move toward stream of the Mekong River and this has prompted a grave impact on the biological system. Changes in stream and a decrease of the volume of stream have influenced Tonle Saps floodplain, and its woods, by adjusting the flood-beat component of La ke Tonle Sap. This has caused a progressive loss of the backwoods and other secured territories and this thus influences the jobs of people who live downstream and who rely upon Tonle Saps characteristic assets. Relief techniques to deliver harm to regular frameworks The primary alleviation measure to forestall harm to the downstream Mekong River is to manage the development of dams and supplies. To accomplish this exertion, the nations through which the stream passes have shaped a commission known as Mekong River Commission.Advertising We will compose a custom article test on Human effects on the hydrology of the Mekong River explicitly for you for just $16.05 $11/page Learn More The commission has normally censured China for its dismissal to the push to stop development of dams. Guideline of dam development would guarantee that water in the dam stays at levels that don't prompt silt transition, nor does it lead to flooding. Lu and Siew (2005) contend that streams have a characteri stic capacity to keep up a harmony regardless of modifications in their hydrologic systems, while this statement might be valid, it may not work in instances of extraordinary harm to waterway systems. In this way, a relief procedure must be set up. Such a methodology would include digging, where dregs are truly expelled from the waterway bed with the goal that the water can stream uninhibitedly. While this is just a momentary arrangement, it will be valuable while changeless techniques, which may take quite a while because of the association of numerous nations, are being looked for. References Kummu, M., and Sarkkula, J. (2008). Effect of the Mekong River Alteration on the Tonle Sap Flood Pulse. Ambio., 37(3). Kummu, M., and Varis, O. (2007). Silt related effects because of upstream store catching, the Lower Mekong River. Geomorphology 85, 275 293. Lu, X. X., and Siew, Y. (2006). Water release and silt motion changes over theâ past decades in the Lower Mekong River: potential ef fects of the Chinese dams. Hydrol. Earth Syst. Sci., 10, 181-195. Lu, X. X., and Siew, Y. (2005). Water release and silt transition changes over theâ past decades in the Lower Mekong River. Hydrol. Earth Syst. Sci. Examine., 2, 2287-2325.Advertising Searching for paper on natural examinations? How about we check whether we can support you! Get your first paper with 15% OFF Find out More Walling, D. E. (2006). Human effect ashore sea silt move by the worldsâ rivers. Geomorphology 79, 192-216.

Saturday, August 8, 2020

Tips to Help Your Stressed Out College Kid Cope

Tips to Help Your Stressed Out College Kid Cope Stress Management Situational Stress Print 6 Tips to Help Your Stressed Out College Kid By Jackie Burrell Jackie Burrell is a former education and parenting reporter, experienced in issues around parenting young adults as a mother of four. Learn about our editorial policy Jackie Burrell Updated on February 03, 2020 How Stress Impacts Your Health Overview Signs of Burnout Stress and Weight Gain Benefits of Exercise Stress Reduction Tips Self-Care Practices Mindful Living As parents of young adults, we’re all too familiar with stress, but our kids suffer from it too. Stress rates among teens and young adults have spiked in recent years and its no wonder. Junior and senior year of high school and the lead-up to college applications are prime time for stress overload. So are the first few weeks of college, the weeks of midterms and lead-up to final exams. There may be a day or two of stresslessness in there somewhere, but who can tell? When that late night phone call comes from a child who’s freaking out, the last thing they want to hear is a lecture on the importance of doing your homework and planning ahead. Instead, heres a list of things you can advise that may offer immediate relief: Sleep Cutting back on sleep may seem like a good way to eke out a few more hours for exam cramming, but missing even a few hours of sleep two or more nights in a row can result in sleep deprivation. Concentration drops, memory function is impaired, and the brain turns foggy and sluggish â€" hardly the optimal conditions for studying. There’s a clear connection between the amount of sleep a student gets and his GPA, and studies have shown that morning owls perform better academically. So tell your frantic child to set the alarm for 7 a.m., plan on doing some hardcore â€" and vastly refreshed â€" studying then and get some sleep now. Make a List If thoughts are racing through your child’s brain with such velocity that he can’t sleep, tell him to make a list. We’d all love to have a Pensieve, the magical basin Hogwarts headmaster Albus Dumbledore used to hold memories and thoughts when they threatened to overwhelm his brain, but a to-do list works nearly as well. Eat Well Brains need nourishment. Eating a balanced diet that’s heavy in protein and complex carbohydrates, as opposed to donuts, beer, and someone else’s Ritalin, makes a huge difference in one’s body’s ability to cope with stress and perform well. Keep that in mind when sending your college child an exam week care package too. Prioritize Tell him to work on the most critical or difficult courses or projects first, when his brain is fresh. Too much work? Tell him to look at his schedule and eliminate the non-essentials. Remind him that the world will not stop if he tanks a test. Try a Study Group Studying with a group quells panic. It lets students play to their own strengths, and maximizes and organizes study time. Plus, the companionship helps soothe frayed nerves. Take Breaks Go for a run, take a nap â€" but no more than 20 to 30 minutes and no later than mid-afternoon. Make an exam worry doll and let it do the worrying.

Saturday, May 23, 2020

The Awakening of Edna Pontellier - 2487 Words

The Awakening of Edna Pontellier Kate Chopin’s short story The Awakening is set during a time where women were expected to live in a patriarchal society. More specifically, this story tells of the well-to-do Creole lifestyles in New Orleans during the mid to late Nineteenth Century. Chopin’s personal experiences as a woman during this oppressive time and her growth as an individual inspired her to write about Edna Pontellier, a woman who tries to break from the expectations of society to be her own woman. As Edna Pontellier in The Awakening experiments with the oppositional or alternative roles of Adele Ratignolle, Mademoiselle Reisz and of herself in the role of a free woman, she gradually transforms into an individual apart†¦show more content†¦It was during this conversation that Edna was called to Adele’s side during the painful and dangerous childbirth of her fourth child. She asks Robert to wait for her return and leaves him alone in her home. Adele senses that Edna is changing even more and asks her to please think of her children before she completely rejects the patriarchal lifestyle that was expected of them. Edna, after seeing Adele, begins to feel guilty and thinks maybe she has acted too selfishly. She returns home and finds a note from Robert saying good-bye. Understanding that Robert wasn’t capable of breaking free of the constraints and expectations of him even if he did love and want to be with her coupled with Adele’s advice wakes Edna up to a reality that devastates her. Feeling that she is alone and unable to belong in the world she returns to Grand Isle, the location where she achieved her new sense of freedom. Her final escape is swimming out to sea thinking of all those who never understood her but knowing that she could never give herself to them in the way that they all expected and needed (The Awakening and Other Short Stories 1-240). In her critical analysis of The Awakening, Jenni fer B. Gray believes that â€Å"Edna’s awakening allows her to resist the various â€Å"interpellations† of the dominant patriarchal ideology and experiment with both alternative and oppositional roles† (Gray 53-73).Show MoreRelatedThe Awakening by Edna Pontellier Essay1104 Words   |  5 PagesThe Awakening, not only is this the quote that Edna Pontellier identifies with when Mrs. Ratignolle plays piano for her, but it is also the perfect description of the struggle in which Mrs. Pontellier faces. Though, The Awakening was considered sexually charged and risquà © for its time, when one analyzes this quote and the original title of Kate Chopin’s story, A Solitary Soul, they come to the realization that there is more to this story than just sex (562). The Awakening is a story about Edna Pontellier’sRead More The Transformation of Edna Pontellier in The Awakening Essay950 Words   |  4 Pagessomething, anything: she did not know what† (Chopin). In Kate Chopin’s novel, The Awakening, the reader is introduced to Edna Pontellier, a passionate, rebellious woman. Throughout the novel, it becomes apparent how unsettled Edna feels about her life. The reader can identify this by her thoughts, desires, and actions, which are highly inappropriate for an affluent woman of the time. In the novel, Edna has an awakening and finds the courage to make the changes she sees necessary. Kate Chopin is ableRead MoreEssay about The Awakening by Edna Pontellier601 Words   |  3 PagesThe Awakening by Edna Pontellier The Awakening by Kate Chopin introduces the reader to the life of Edna Pontellier, a woman with an independent nature searching for her true identity in a patriarchal society that expects women to be nothing more than devoted wives and nurturing mothers. The Awakening begins in the vacation spot of Grand Isle. At first we believe that Grand Isle is a utopia, wealthy families relaxing at oceanside, but it is here where Edna first begins to realize her unhappinessRead MoreEdna Pontellier as a Feminist in Kate Chopin’s The Awakening765 Words   |  3 Pagesnot every story is so successful. In Kate Chopin’s â€Å"The Awakening†, Edna Pontellier finds herself fighting this very battle that, although begins with a positive outlook, ultimately ends in her demise. Throughout â€Å"The Awakening†, Edna is immersed in a constant clash with society over the significance of the difference between her life and her self. To Edna, the question of whether or not she would die for her children is somewhat simple. Edna attempts to explain this concept to her good friend, AdeleRead MoreThe Hours And The Awakening By Edna Pontellier And Laura Brown1341 Words   |  6 Pagesstarted a trend of succumbing to temptations throughout human history. Even in the novels The Hours and The Awakening, the characters are tempted by someone else or a different idea; however, some of these characters exhibit strong self control and avoid their demise. The fine line between success and failure when it comes to avoiding temptation is most obviously demonstrated by Edna Pontellier and Laura Brown, and these two women showcase the destructive power of seduction and the strength of willRead More growaw Epiphany of Edna Pontellier in Kate Chopins The Awakening809 W ords   |  4 PagesEpiphany in The Awakening      Ã‚  Ã‚   Kate Chopin’s novel, The Awakening, presents the struggle of an American woman at the turn of the century to find her own identity.   At the beginning of the novel, the protagonist, Edna Pontellier, seems to define her identity in terms of being a wife, a mother and a member of her community.   As the story progresses, Edna seeks to define herself as an individual.   The turning point in her struggle can be seen clearly in a scene in which Edna realizes for theRead More The Awakening: America Was Not Ready For Edna Pontellier Essay1868 Words   |  8 Pagesinvention, Edna Pontellier. Madame Edna Pontellier, wife of wealthy and much respected Leonce Pontellier, had the perfect life. Vacationing in Grand Isle, living in a mansion, raising her two boys, Edna seemed untroubled and well cared for. But one cannot see another’s private distresses from the outside. Entrapped by the sequestering tomb of the mindsets of her time and starved for freedom and expression, Edna was willing to give up her life to break free. Because of these traits, Edna exemplifiedRead More Edna Pontellier and Social Limitations in Kate Chopins Awakening4858 Words   |  20 Pages   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In discussing Kate Chopins novel, The Awakening, critic Susan Rosowski categorizes the novel under the heading of the novel of awakening and differentiates it from the bildungsroman, the apprentice novel, in which the usually male protagonist learn the nature of the world, discover its meaning and pattern, and acquire a philosophy of life and ‘the art of living (Bloom 43). In the novel of awakening, the female protagonist similarly learns about the world, but for the heroine, theRead MoreEdna Pontellier of The Awakening: A Woman before Her Time Essay896 Words   |  4 Pages Edna Pontellier is a woman of great needs. Although she has a husband who cares for her and two children, she is very unhappy. She plays her roles as a mother and wife often, but still keeps doing things unmarried, barren women should do: enjoy the company of other men, ignore her childrens cries, dress unladylike for the times. The story is set in the late 1800s, when women were to be in the kitchen preparing a meal for their family, giving birth to more children to help with dailyRead MoreEdna Pontellier Rejects Her Woman/Mother Image in The Awakening1069 Words   |  5 Pages A bird view of the historical context of The Awakening gives me ample evidence to reinstate the thesis statement: Edna Pontellelier does not reject her children; she neglects only her women/mother image. The novel The Awakening was written at the end of the nineteenth century which was fundamentally characterized by change. A wide spectrum of disciplines and structures were facing created tensions between old and new. It was the time of industrialization, urbanization which contributed

Tuesday, May 12, 2020

Christianity as a Unifying Influence in the History of Europe

Christianity as a Unifying Influence in the History of Europe Europe was a Christian creation, not only in essence but in minute detail The above statement can perhaps best sum up the relationship between Christianity and Europe throughout the ages. Christianity has been the strongest single influence in the history of Europe. Regardless of the century, no discussion would be complete without reference being made, at least in small part, to the Church. It is true that in recent centuries this influence has declined significantly, but nevertheless one could argue that it still plays an important part in the lives of many people. Throughout history Christianity has been both a unifying force and also a force for disunity.†¦show more content†¦However it is worth giving a brief history of the birth of this religion. At the beginning of the first century a new religion was born and started to spread rapidly across the Roman Empire. Its source of inspiration was Jesus. It was different to the other religions of the day in a profound way. It was universal, offering all things to all men, proclaiming an afterlife, triumph over death, and presenting a road to salvation for all men and women. It emphasised the inner life and filled the spiritual void created by the Roman lifestyle. Yet it was one of many religions. There were many rivals, the mystery religions of Persia, Syria and Egypt were popular at the time and of course there was Judaism. Nothing at the time suggested this Jewish heresy could rival the other religions. Nevertheless Christianity spread relatively quickly, mainly due to the missionary work of St. Paul and, also, St. Peter. St Pauls journeys took him to Palestine, Asia, Macedonia, Greece, Rome and finally Spain. In addition this new religion spread quickly throughout the Roman garrisons and from there was carried by the soldiers through the Empire. In early fourth century Emperor Decius attempted to wipeout the Christian faith, the great persecution lasted thirteen years, but in 313 the Edict of Milan, in which religious tolerance was granted to Christians and previousShow MoreRelatedThe Spread of Christianity Throughout Europe Essay1184 Words   |  5 PagesEuropean empires, beginning just prior to the fall of Rome, is the spread of Christianity to all areas of the continent in as little as a few hundred years. Many theologians state that Christianities spread is the indirect influence of God and the adoration of people to one true faith. Though it is true that Christianity has brought about people that even atheists could call saints, it is unquestionable that Christianity was so monumental because it united larger groups of people and its spreadRead MoreMedieval Christian Europe2199 Words   |  9 Pages With the decline of the Western Roman empire Western Europe was a disjointed land that had no true unifying structure till the rise of Christianity. In Roman antiquity people used the State or empire of Rome to define themselves and give them a sense of unity despite having a diverse group of people within the empire. When Western Rome fell this belief based on a Roman cultural identity disappeared and no longer were people able to identify themselves with any particular group as they once haveRead MoreEuropean Integration And The European Union1638 Words   |  7 PagesAlthough European integration has primarily come about through the European Union and its policies, the idea of a united Europe can be traced back to Ancient Greece. The first we hear of Europe as a geographic concept was in the 7th/8th century BC through the infamous Myth of Europa (Greekmythology.com, 2015). The myth is about a Phoenician princess, Europa (after which the continent was named), who has a dream wh ere she was called to by an unknown land telling her, she belongs to it (GreekmythologyRead MoreInfluence Of Science And Religion1564 Words   |  7 Pages1. Q) Compare and contrast the influence of science and religion in the development of humanity. Discuss both the positive and the negative. A) The systematic testing of observations, and the belief of something larger than ourselves, have been part of the human experience since time began. Both science and religion have influenced human thought and civilization. When a question could not be answered by time and observation, people fell back on spiritual explanationsRead MoreEssay about ITW1 Task 1 1121304 Words   |  6 Pagesart. Before this time, art lacked dimension and intensity, but the onset of the classical period brought with it influential architecture, vase paintings and sculptures, giving life to its subjects. Many modern day artists draw their creative influence from the classical art period. Athens conquered the Persia in 479 B.C. and began dominating Greece politically, economically, and culturally.† The Athenians organized allies to ensure the freedom of the Greek cities. Members of the Delian LeagueRead MoreHow Truth Was Defined By Medieval Europeans1696 Words   |  7 Pagesdependent on the culture they are currently being described in. Even within these cultures these questions have different answers because of the various regions; for example medieval Europe had multiple cultures that traversed throughout everywhere and caused truth to be defined by the beliefs of that region. Medieval Europe lasted from the 5th to the 15th century and began with the collapse of the Western Roman Empire causing this time to become known as the dark ages because the great civilizationsRead MoreRoman Empire1559 Words   |  7 PagesGallienus (AD 260–268), there was a temporary breakdown of the Roman banking system after the banks rejected the flakes of copper produce d by his mints. With the ascent of Christianity, banking became subject to additional restrictions, as the charging of interest was seen as immoral. After the fall of Rome, banking temporarily ended in Europe and was not revived until the time of the crusades.[citation needed] The New Roman Empire: Banking The decline of the Roman Empire began in the second century ARead MoreThe Medieval Period Essay1167 Words   |  5 PagesA set point in the historical time line stands as the medieval period. The medieval period in history was the era in European history – from around the 5th to the 15th century, coming after the fall of the Western Roman Empire, and preceding the start of the early modern era. This historical time period has been long since been the victim of film directors and romantic novelists, which has lead to the common, but false, idea of the medieval period consisting of knights and damsels in distress, wizardsRead MoreEssay Religious Intolerance around the World1289 Words   |  6 Pagespolitics, but then as the influence of religion grew on individuals many countries gave religious sectors power and influence over the government. This was due to religions capture of a persons emotional character and the quest to find and follow Gods way of life. As the size of po pulation and countries grew, more information was exchanged between different societies and countries. People exchanged values, morals, norms and other factors of living. Throughout history, religions have collided andRead MoreRenaissance and Political System1193 Words   |  5 PagesName: Instructor’s Name: Class: Date: Introduction Renaissance is a French term meaning rebirth or revival. Renaissance period in the history of Europe starts from the beginning of 15th century to the end of 16th century. The Renaissance manifested the transitional phase from the medieval ages to the modern era. It was a time of social and cultural changes in Europe. It is believed to be the beginning of the modern world and hence the new phase of the political system arrived. Along with society and

Wednesday, May 6, 2020

Piracy in Somalia and Its International Implications Free Essays

string(121) " 10 million people are starving, and they would hardly survive without the food aid provided by the developed countries\." PIRACY IN SOMALIA AND ITS INTERNATIONAL IMPLICATIONS In the past few years, pirate attacks off the coast of Somalia have received a great deal of public attention. According to the London-based International Maritime Bureau, there has been an â€Å"unprecedented increase† in Somali pirate activity in the first 9 months of 2009. Until September this year 147 incidents were reported off the Somali coast and in the Gulf of Aden (separating Somalia and Yemen), compared with 63 for the same period last year. We will write a custom essay sample on Piracy in Somalia and Its International Implications or any similar topic only for you Order Now A total of 533 crew members have been taken hostage in 2009, out of which about 200 hostages are still being held by Somali pirates. I have chosen the topic of piracy for my essay as I think that in the context of the present world economy crisis it is a current problem which might affect all the participants of the global economy and it needs an urgent solution. In the first part of my essay I am going to present some data to demonstrate the importance of the problem, then I will focus on the background of the issue and present the different factors which have led to the appearance of piracy. After a detailed description of the pirates and their way of operation I will move on to presenting of the interests of the international community and the policies, strategies and instruments they have used to deal with the issue. At the end of my paper I will draw some conclusions and make a few suggestions for the future. Piracy has been a problem in Somali waters for at least ten years. However, the number of attempted and successful attacks has risen over the last three years. As the hijackings have increased in number, they have also become more sophisticated. The pirates are now able to capture larger targets as well. On September 25 2008, Somali pirates captured the MV Faina, a Ukrainian ship transporting weapons to Kenya. This was followed one month later by the hijacking of the MV Sirius Star, the largest ship ever captured by pirates. The Saudi-owned supertanker was carrying about 2 billion barrels of crude oil, worth about $100 million. The ship was finally released on January 9 for a $3 million ransom. The series of hijackings has continued in 2009 too. It seems that this year the pirates have shifted from the Gulf of Aden, where dozens of ships were attacked in 2008 but which is now heavily patrolled, to the ocean between the African mainland and the Seychelles islands. In October 2009 Somali pirates captured a Chinese bulk carrier, carrying 25 Chinese crew members. In November they have seized a US tanker carrying $20 million of crude oil, which is considered the second-largest ship ever hijacked by pirates. The tankers 30-member crew was also kidnapped. In the same month, 9 pirates hijacked the Greek-owned tanker Maran Centaurus carrying 275,000 metric tons of Saudi Arabian crude oil and have taken it to a pirate port along the coast, where they typically hold the boats for ransom. The 300,000-tonne ship was hijacked about 1,300 km from the coast of Somalia and there were 28 crew members on board which are all held hostages. According to the IBM, in October and November alone, 38 ships have been attacked and 10 hijacked. There are several factors which have made Somalia the perfect environment for piracy, which I am going to present below. First of all, if we want understand why piracy works in Somalia, we have to know something about the geography and history of the country. Officially called the Republic of Somalia, Somalia is a country situated in the Horn of Africa, bordered by  Djibouti  to the northwest,  Kenya  to the southwest, the  Gulf of Aden  with  Yemen  to the north, the  Indian Ocean  to the east, and Ethiopia  to the west. Due to its strategic location, in the past the country was an important centre of commerce. Even today, about 16,000 ships pass through the Gulf of Aden each year, carrying oil from the Middle East and goods from Asia to Europe and North America, so we can say that one of the most important trade routes of the world can be found in this area. In addition, the long, isolated, sandy beaches of the country are also advantageous for pirates to operate. Another factor which helps piracy to flourish is the political anarchy which still rules in Somalia. For almost 20 years, the country has endured political chaos and bloodshed. The  Somali Civil, which began in 1991 as a revolution against the repressive regime of Siad Barre, has caused instability throughout the country. The northern parts of the country declared their independence, although it was neither recognized by the central government, nor by the United Nations. Subsequent fighting among rival warlords resulted in the killing, dislocation, and starvation of thousands of Somalis. Since 1991, 350,000-1,000,000 Somalis have died because of the conflict. Hatred and lack of trust among the landlords and their clans has prevented the organisation of a functioning central government. From  2006-2009 Ethiopia  was also involved in the conflict. In January 2009, Ethiopian soldiers withdrew from Somalia, leaving behind an  African Union  contingent of peacekeepers to help the fragile coalition government and its troops enforce their authority. Following Ethiopia’s withdrawal from Somalia, the southern half of the country fell into the hands of radical Islamist   rebels, who still control a big part of the country. The political situation is still chaotic in Somalia. The present government, led by Sheikh Sharif Sheikh Ahmed is the 16th administration to „govern† the country since the collapse of the Barre regime. Order still hasn’t been restored, Somalia is governed by anarchy. Because of the lack of an effective central government and national economy, Somalia is still one of the world’s poorest countries, where the estimated GDP is around $600 per year. According to the World Bank, in 2008 73% of the country’s population lived on a daily income below $2. The country’s 10 million people are starving, and they would hardly survive without the food aid provided by the developed countries. You read "Piracy in Somalia and Its International Implications" in category "Papers" In a country where survival is at stake, it is no surprise that piracy has become a fast and easy way to make money and it could develop into a frightening business. To sum up, we can say that Somalia’s chaotic political situation, the lack of an effective central government, the poor state of the economy and poverty have all created an environment which was perfect for piracy to appear. But who are these â€Å"heroes† and how do they operate? In most people’s minds, the image of piracy is associated with characters like Jack Sparrow or Captain Cook. Pirates are often seen as rebellious young men who are victims of the society, but have the courage to stand up for themselves and create a different way of working on the seas. Actually, there is some truth in this kind of perception. According to Eric Hobsbawm, a British historian, â€Å"social bandits† are â€Å"outlaws, drawing on community support, using criminal methods to challenge the present hierarchy of power and wealth. † Most of the Somali pirates are 20-35 years old and come from the region of Puntland, a semi-autonomous region in northeastern Somalia. It is estimated that there are at least five pirate gangs and more thousands armed men. A BBC report divided them into three main categories: local Somali fishermen (the â€Å"brains† of the operations because of their skills and knowledge of the sea); ex-militiamen (used as the â€Å"muscle†) and technical experts who are able to use electrical equipment, such as GPS devices at a professional level. It is a fact that since the country’s collapse in 1991, there has been a great amount of illegal fishing practised by a lot of countries along the Somali coast. During the regime of Siad Barre (1986-1992) Somalia received aid from several countries to develop its fishing industry. Local fishermen had fixed prices for their catch and the fish was exported because of low demand for seafood in Somalia. However, after the fall of the Barre regime, due to the Somali Civil War the income from fishing decreased. Traditional coastal fishing became difficult, because foreign trawlers started fishing illegally along the Somali coast and depleted the fish stocks. Local fishermen became desperate. They started to band together and were determined to protect their resources. They started attacking foreign trawlers, the crew of which soon fought back with heavy weapons. As a result, fishermen turned to other types of commercial ships and soon discovered that piracy was an easy way to make money. At the moment, piracy is Somalia’s most â€Å"lucrative business†: ship owners are willing to pay huge amounts of money for the release of their hijacked vessels. In addition to this, starting with the early 1990s, Somalia’s long, remote coastline has been used as a dump site for dangerous toxic waste from a lot of European and Asian companies. The European Green party presented before the press and the European Parliament copies of contracts signed by two European companies – an Italian-Swiss and an Italian firm – and representatives of warlords, to accept 10 million tones of toxic waste in exchange for $80 million. For European companies this is a very cheap way of getting rid of their waste: while waste disposal costs in Europe are about $1,000 a tonne, this way it only costs them $2,50 a tonne. The effects of this dumping are already visible in Somalia. According to a report by the UN Environment Programme, there is an extremely high number of cases of respiratory infections, mouth ulcers and bleeding and unusual skin infections among the inhabitants of the area – diseases related to radiation sickness. It is clear that this situation represents a very serious environmental risk not only to Somalia, but to the whole eastern Africa region. Many of the pirates call themselves the Somali â€Å"coast guard†, claiming that their aim is to defend their communities from overfishing and to protect the coastline from toxic dumping of nuclear waste by foreign ships. In an interview one of the pirate leaders explained: â€Å"We don’t consider ourselves sea bandits. We consider sea bandits those who illegally fish and dump in our seas†. The problem of overfishing is still a very serious problem is Somalia. It is estimated that Europeans and Asians poach around $300 million worth fish from Somali waters. On the other hand, Somali pirates collect about $100 million yearly from ransoms. This, according to Peter Lehr, a Somalia piracy expert, can be seen as a â€Å"resource swap†. Of course, a great number of pirates are only taking part in these operations for the money, and their families which they can feed this way. As one of them, nicknamed Milk Sucker says: â€Å"Sometimes doing a bad thing is the only way to improve the situation for yourself and the people you love†. Some of the pirates can’t even swim, their only task is to shoot straight. A lot of young Somalis take part only in a couple of operations, hoping to make enough money to move to the West or maybe to persuade an ethnic Somali woman with a EU passport to marry them and move to the UK. As for the techniques used by the pirates, we can notice that they are getting more sophisticated and more effective. They are using the latest high-tech equipment, like GPS, MANPADS (Man Portable Air Defence Systems), RPGs and satellite phones and they are well-armed with rocket-propelled grenades and AK-47s. They usually operate using small skiffs with powerful outboard engines, but now they regularly use â€Å"mother ships† to increase their range. These â€Å"mother ships† take them into the shipping lanes, several hundred miles offshore. Then they launch small speedboats to haul themselves up onto the deck of a ship. They can often seize a ship without firing a shot. After capturing it, they sail the hijacked ship to the Somali pirate hub town, Eyl and take the hostages ashore where they are well-looked after until ransom is paid. It is reported that the pirates never harm their prisoners; they behave like â€Å"perfect gentlemen† with them. They even hire caterers on the Somali coast to cook pasta, grilled fish and roasted meat, which western hostages might like. Once ransom is paid, they release ships good humour. According to the Kenyan foreign minister, in 2008 pirates have received about $150 million in ransom, which is used to fund future operations. In a recent startling Reuters report we can read that the pirates have started to make the money to work for them, setting up a stock exchange â€Å"that has drawn financiers from the Somali Diaspora and other nations. † The bandits’ bourse is a small building in the once-small fishing village of Haradheere, about 250 miles northeast of Mogadishu, which has developed into a luxury town by now. As a former pirate named Mohammed puts it, â€Å"The shares are open to all and everybody can take part, whether personally at sea or on land by providing cash, weapons or useful materials †¦ we’ve made piracy a community activity. â€Å" Unfortunately, it has become clear that the activity of pirates is linked to warlords on shore. After seeing the profitability of the business, these leaders started to facilitate pirate activities, sharing the profit with the pirates. These â€Å"Godfathers† and clan leaders are closely related to Somalia’s president in Mogadishu, Abdullahi Yusuf, who also originates from Puntland. Estimates are that at least six ministers in the Puntland government are involved with the pirates. The only group which is publicly against piracy is the militant Al-Shabaab, a Salafist group founded this decade as a militia attached to the Islamic Court. They say that such crimes are forbidden under the Islamic law. However, according some reports, militant Islamist groups also get their share of the profit. The pirates involvement with these organisations is making the situation even more alarming, because all the financial help given by the West to the Somali authorities to put an end to piracy might just help it to flourish. All in all, it is clear that piracy is not a problem that the fragile Somali government can solve alone and international help is needed. How does all this affect the international community? Besides enforcing international law, there are several other reasons to stop pirate activities. The first is Somalia itself. The country needs about 200 tonnes of food aid a year which is mostly delivered by sea. Without the naval escorts and the regular delivery of aid, Somalia’s food stocks are seriously threatened, so ensuring the safe delivery of food aid should be a number one priority for the international community. Stopping piracy may also reduce the money available for weapons, so indirectly it can lead to the end of the internal war. Piracy has a very distressing effect on international trade as well. In addition to the growing ransom, companies whose cargos do not reach their destinations, lose money. As a result, there is a growth of insurance for all ships which need to pass through the Gulf of Aden. The constant danger of pirate attacks has already made some shipping companies to choose a longer, but safer route, around the Cape of Good Hope, as it happened in the case of AP Moller-Maersk, one of Europe’s largest shipping companies after the hijacking of Sirius Star. The extra weeks of travel and fuel can lead to the cost of transporting goods, which is a really serious concern now, at the time of a global economic crisis. Another reason is related to the environment. Pirate attacks can cause major oil spills in a very sensitive ecosystem. As pirates become bolder and use more powerful weapons, tankers could be set on fire or sunk, which can result in an environmental catastrophe, destroying marine and bird life for many years to come. Last, but not least, there is a risk that the pirates themselves can become agents of terrorism. There are assumptions according to which pirates are connected to the Al-Shabaab movement, which is believed to have links to Al-Qa’eda. According to some reports, Al-Qa’eda militants from Iraq have chosen Somalia as a new base from which to launch attacks. Terrorism at sea can take many forms, for example direct attacks on ships, hostage dramas, but also hijacked ships used as potential weapons. Terrorist networks can use the financial funds from piracy to fund their operations worldwide. It is obvious, that even if there is little chance for the worst scenario, it is best to prevent it while we can. The international community has recognized that enhanced international efforts are necessary in order to reduce the number of attacks. The growing cases of piracy have focused the world’s attention on Somalia and have shown that the crisis going on in a fragmented state is spilling out of its borders. The military response to piracy has shown that countries which haven’t been able to cooperate with each other can unite their forces for a common cause. A maritime conference was also held in Mombassa, where they discussed the problem of piracy and tried to give regional and world governments recommendations to deal with the danger. In January 2009, an important regional agreement was adopted in Djibouti by States in the region, at a meeting organised by IMO. The Code of Conduct concerning the Repression of Piracy and Armed Robbery against Ships in the Western Indian Ocean and the Gulf of Aden recognized the extent of the problem of piracy and armed robbery against ships in the region and the states signing it declared their intention to co-operate, in a way consistent with international law, in the repression of piracy and armed robbery against ships. Most countries have preferred prevention: various navies have sent war-ships into the area to escort commercial vessels. At the beginning, this way of defense was more individual than collective, but the persistence of the attacks has led to the development of a collective security system. NATO got the task of escorting convoys transporting the humanitarian aid of the World Food Programme towards Somalia. Once they were in the Gulf of Aden, they also protected other merchants ships, by their presence. Later NATO handed the job to Operation Atlanta, the first common maritime mission by the European Union. Military counter-piracy operations are performed by vessels from the Combined Task Force 150, a multinational coalition  naval  task force   in charge of monitoring and inspecting a range of security issues, such as drug smuggling and weapons trafficking, as well as piracy. Several countries, including India, Russia, China, Norway, Australia, France, Greece, Turkey, Portugal, Denmark, the Netherlands, South Korea, Malaysia and even Japan chose to join the coalition and send warships to the Gulf of Aden. In January 2009 the US navy established a new multi-national naval force to confront piracy off the Somali coast. The new unit was called Combined Task Force 151and it was a spinoff of the existing Task Force 150 in the region. This section of the coalition forces was aimed at focusing exclusively on pirate groups (leaving Combined Task Force 150 to focus on other destabilizing activities, such as drug smuggling and weapons trafficking). It was hoped that by designating a new unit to combating piracy in Somalia, anti-piracy efforts would be more successful. Unfortunately, this effort is having only a limited impact. Although some pirates are scared off by the sight of military ships and helicopters, coalition warships are often in the wrong place at the wrong time. In addition, pirates are flexible and change their tactics easily: data from the Maritime Bureau shows that at present they are conducting their operations further out in the Indian Ocean. Besides, this is a very costly solution which is difficult to support in the long term. After the hijacking of an Egyptian ship and a huge Saudi supertanker, the Arab League organized a summit for countries overlooking the Red Sea, with the participation of Egypt, Saudi Arabia, Sudan, Somalia, Jordan, Djibouti and Yemen. At the summit the participant states discussed several solutions for the problem of piracy, suggesting different routes and looking for a safer passageway for ships. They might also assist the current NATO anti-piracy efforts together with other nations. However, we shouldn’t forget that the Arab League has long tried to draw Somalia more closely to the Arab world. It has made a financial support for the Transitional Federal Government, conditional on its entering negotiations with Al-Shabaab, intending to spread Islamist influence in the area. In June 2008 the United Nations Security Council passed a declaration authorizing nations that have the agreement of the Transitional Federal Government to enter Somali territorial waters to hunt pirates. In 2008 the Security Council adopted two resolutions, 1846 and 1851 allowing for the first time international land and sea occupations of Somali territories in the pursuit of pirates. These resolutions extended the power of the states and lead to greater coordination of their efforts. After the Council resolution 1851, the Contact Group on Piracy off the Coast of Somalia was established on 14 January 2009 to facilitate and coordinate actions among states and organizations to deal with piracy. At the moment 46 States and seven international organizations take part in the Contact Group. Through its four working groups, the Contact Group addresses specific issues related to military and operational coordination, legal issues, shipping industry awareness and public and diplomatic information. UNODC (the United Nations Office on Drugs and Crime) participates in the Contact Group and its Working Group on Military and Operational Coordination, Information Sharing and Capability-Building. UNODC acts as secretariat to Working Group on Judicial Issues, to which it has provided various forms of support. UNODC has prepared an analysis of the legal and practical challenges involved in prosecuting suspected pirates and is gathering nformation on relevant national legal systems, including those of coastal States. In spite of the fact that laws to combat piracy at sea exist, a lot of states do not seem to use them in practice. Only France has chosen to combat piracy directly. The first case was the seizing of a yacht in April 2008, which started with negotiations for the release of 30 hostages and followed by the capture of six pirates in Somali territory. The second case took place in September 2008 to free a couple taken hostages. This action also led to the arrest of six pirates, who are awaiting trial before a French court. Britain and some other countries have found a superficial and convenient way of treating the pirates: they have negotiated a treaty with Kenya, according to which all those suspected of piracy are handed over to that country. A few months later other countries followed Britain’s example, negotiating similar agreements. These agreements are a useful step, but they do not solve the problem. The Kenyan prison system is in terrible condition, corruption is high, there are strong delays in the call of trials and legal aid is very limited. It is a paradox indeed that states which are entitled to prosecute the arrested pirates delegate this right to a country which is unable to assure a fair trial to these criminals. In spite of the united efforts of different nations, it has become clear that the piracy problem cannot be solved at sea, because it is rooted on the shore, in the ongoing conflict and political instability of the country. As Ban Ki-Moon, the Secretary General of the United Nations expressed at an international donors’ conference: â€Å"Piracy is a symptom of anarchy and insecurity on the ground. (†¦) More security on the ground will make less piracy on the seas† Any lasting solution to the problem has to involve ensuring stability, development and an effective criminal justice system in Somalia. If the states had invested the time and resources they now spend to stop piracy in reconstructing the Somali society and economy, they probably wouldn’t have to cope with these problems. However, there are always new opportunities that shouldn’t be wasted. Martin Murphy in his article â€Å"Somali Piracy: not just a Naval Problem† claims that the highest costs of piracy to Somalia and the international community are not economic, but political. As I mentioned earlier, it seems that almost all layers of political life in Somalia are involved in piracy, including the Islamist groups. Islamism is getting stronger and stronger in Somalia and it can soon get hold of the entire country. The Al-Shabaab movement has a clear intention to use Somalia as a base for spreading Islamist influence in the region. If this tendency continues, a worst possible outcome would be an Islamist government, which is strong enough to control piracy, but also strong enough to make Somalia safe for violent Islamist groups. So, what can be done to stop, or at least to decrease piracy in the Horn of Africa? Somalia is a clan-based society. Therefore, a possible solution would be to deal with the sub-state entities in order to create a unitary state in the future. In these negotiations the coalition should clearly commit itself to repress piracy in return for allied political and economic support. This way it would be possible to cut off all the political players in Somalia from their external sources of weapons and thus pirates would be trapped between more effective land-base policy by the Somalis and maritime policy by coalition member navies and soon they would have no place to hide. Recent efforts have shown that there is a will to act together. We can only hope that the states will find a way to deal effectively with the problem before it is too late. Links, references: Roger Middleton: Piracy in Somalia. Africa Programme, October 2008 http://www. chathamhouse. org. uk/files/12203_1008piracysomalia. df Marina Chiarugi  and  Daniele Archibugi: Piracy challenges global governance. Open Democracy,  9 April 2009 http://www. opendemocracy. net/article/piracy-challenges-global-governance George Grant: Somali pirates can’t be beaten at sea. The Guardian, 18 November 2009 http://www. guardian. co. uk/commentisfree/2009/nov/18/somali-pirates-ransom-puntland Galrahn: Somalia Piracy – A Backgrounder April 8, 2009 http://www. informationdissemination. net/2009/04/somalia-piracy-backgrounder. html Rubrick Biegon: Somali Piracy and the International Response. FPIF (Foreign Policy in Focus) January 29, 2009 http://www. pif. org/fpiftxt/5827 Georg-Sebastian Holzer: Somalia: piracy and politics. Open Democracy, 24 November 2008 http://www. opendemocracy. net/article/somalia-piracy-and-politics Johann Hari: You Are Being Lied to About Pirates. The Huffington Post, December 2009 http://www. huffingtonpost. com/johann-hari/you-are-being-lied-to-abo_b_155147. html Can Somali pirates be defeated? BBC News, 20 November 2009 http://news. bbc. co. uk/2/hi/8371139. stm Sam Gustin: Bandit Bourse? Somali pirates hijack oil tanker, organize ‘stock market’ Daily Finance, December 1 2009 http://www. dailyfinance. om/2009/12/01/bandit-bourse-somali-pirates-hijack-oil-tanker-organize-stock/ Martin Murphy: Somali Piracy : not just a naval problem . Centre for Strategic and Bugetary Assessments, April 16, 2009 http://www. csbaonline. org/4Publications/PubLibrary/B. 20090417. Somali_Piracy/B. 20090417. Somali_Piracy. pdf Piracy in Somalia: Wikipedia, the Free Encyclopedia http://en. wikipedia. org/wiki/Piracy_in_Somalia Aiden Hartley: What I learned from the  Somali pirates. The Spectator, 6 December 2008 http://www. spectator. co. uk/essays/all/3061246/what-i-learned-from-the-somali-pirates. thtml How to cite Piracy in Somalia and Its International Implications, Papers

Friday, May 1, 2020

Makes A Binding Legal Contract Amid Parties â€Myassignmenthelp.Com

Question: Discuss About The Makes A Binding Legal Contract Amid Parties? Answer: Introduction The present assignment aims at understating the law of contract and the main elements that are required in order to make a valid and enforceable contract in law. These elements are applied to the given factual solution in order to have a better understanding of the contract elements. There are three major issues that are framed as per the facts provided and all the issues are dealt separately. The Assignment is prepared with the help of ILAC format, that is, Issue, business Law, Application and Conclusion. The assignment is supported with references. Whether there is a valid contract that is framed amid Damien and Alen. If yes, when the contract was framed amid the parties. In order to resolve issue, the concept of offer, acceptance and invitation to offer needs to be understood. It is assumed that the other elements of contract, that is consideration, legal intention and capacity of the parties are present in the given situation. Any management in law which has the sanctity under law is called a contract. In Australia, a contract is a binding document upon the parties and the parties must honor the terms of a contract. However, in order to formulate a valid contract there are few ingredients that needs to be comply with. The same are offer, acceptance, intention, consideration and capacity of the parties. An offer is the intention of the offeror which is transferred to an offeree through whom the offeror desire some act or omission and expects that the offeree will approve the same (Gibson v Manchester City Council, 1978). An offer can be made to specific group of people or an individual or to the world. Any kind of offer is valid provided it is made ether orally or in written formal but must be communicated to the intended persons. (Jennifer, 2001) The offeree when gave his confirmation to the offer which is so received by him through an offeror then it is called an acceptance in law (Felthouse v Bindley, 1862). An acceptance can be made either orally or through written means or through conduct, but, it is necessary to communicate the acceptance. If the acceptance is not communicated then there cannot be any acceptance on the part of the offeree and there cannot be any contract amid the parties. (Robert Bibi, 1998) When offers are invited from people then it is called an invitation to treat. In an invitation to treat there is no offer, but, the inviter invites the offers from specific people. When the inviter accepts the invitation (offers) so received then there is a binding contract amid the parties (Pharmaceutical Society v Boots Chemists , 1953). The facts reveal that Alan is the student of a University and is intended to sell of his text book Introduction to Business Law in Singapore. In order to sell the textbook he posted a post on his facebook page on 1st November 2015. He submitted that that all of his friends who are enrolled in Kaplan Higher Education may purchase his textbook and his classroom notes for a price of $ 200 and people who are interested must pay by 5th November 2015. It is submitted to initiate any contract it is necessary to make an offer. However, Alan has posted a post on his facebook account and as per (Pharmaceutical Society v Boots Chemists , 1953) an advertisement is not an offer in law. It is an invitation thus, Alan has made an invitation to treat. Also, the invitation is made to a specific class of persons, that is, the friends of Alan who are enrolled in Kaplan Higher Education. Thus, the offers must be received from such class of person only as held in (Carlill v Carbolic Smoke Ball Company, 1892). Damien is not the friend of Alan but is the friend of Bernard. He is enrolled in Kaplan Higher Education. But, the invitation is made only to the friends of Alan on facebook. However, he took the number from Bernard and sends an SMS to him wherein he offered that he is interested in buying the book and can he handover the money to him on 4th November 204. Though the invitation is only for the friends of Alan, however, an independent offer is made by Damien to Alan wherein an offer is made. Now, it is only if Alan accepts the offer of Damien that there is a binding contract amid the two. In the evening of 4th November, Damien saw Alan and handed over the money to him which was duly accepted by Alan. Thus, an accepted can be communicated thorough conduct. Thus, when Alan accepted the money there is communication of acceptance on the part of Alan. So, there is a binding contract amid the parties So, it is found that an offer is made by Damien to Alan which was duly accepted by Alan. Thus, there is a valid contract that is made amid Alan and Damien. It is thus concluded that there is a valid exchanged of offer and acceptance amid the parties. so, the contract is made at the moment when on the evening of 4th November, Alan accepted the money from Damien and promised him to transfer the book by 7th November. Thus, the contracting parties are Damien and Alan. In the given situation, the concept of offer, acceptance and counter offer is very relevant. It is assumed that other elements of contract are present in the given situation. An offer is the intention of the offeror which is transferred to an offeree through whom the offeror desire some act or omission and expects that the offeree will approve the same (Gibson v Manchester City Council, 1978). Also, The offeree when gave his confirmation to the offer which is so received by him through an offeror then it is called an acceptance in law (Felthouse v Bindley, 1862). However, when no acceptance is given by the offeree, but, the acceptance is given in the form that it brings variation in the terms of the offer, then, it is no acceptance in law and is called counter offer. When a counter offer is made then the original offer lapses and the counter offer becomes the new offer. This new offer when approved by the old offeror (which is now the new offeree) results in a binding relationship amid the parties. In the leading case of (Hyde v Wrench, 1840), the concept of counter offer was rightly establihed. The law is now applied to the facts of the case. The facts reveal that Bernard is the friend of Alan on the facebook and is enrolled in Kaplan Higher Education. Thus, as per carlill, Bernard is eligible to make an offer to Alan as the offer is only for person who are the friend of Alan on facebook. Now, on 2nd November he made an offer of $ 150 by posting a post on the facebook of Alan. Thus, a valid offer is made by Bernard, but, a contractual relationship will only arises provide Alan must accept the offer of Brand and the same must be communicated to him. The offer of Bernard was rejected by Alan by replying that he is not interested in selling the book below $ 200. Thus, the offer of Bernard was rejected by Alan. It makes no difference even if Bernard sends the money to Alan through post, because the acceptance that is later made by Bernard is against the offer which is never made by Alan. Alan only made an invitation and there is no offer that is made by Alan at the first place. Thus, an operations against no offer is invalid in law. So, there is no contract that aid Alan and Bernard. The law dealing with capacity of the parties and intention of the legal parties is the relevant law that is applicable in the given situation. All other elements are presumed to be present. Once an offer and acceptance is made, then, it is necessary that the communication must be made with the legal intention to abide by the promises. If the promises are made with no legal intention then there is no contract amid the parties. In (Balfour v Balfour , 1919), it was held that when the parties are in social relationship then it is presumed that there is no legal intention amid the parties and when the parties are in commercial relationships then there is legal intention amid the parties to establish a contract amid themselves. But the presumption which is generally raised by the law is rebuttable ad it can be proved that the parties does have legal intention when the parties are in social relationship and there is no legal intention when the parties are in commercial relationship. Now, when the parties are exchanging offer and acceptance then it is necessary that there must be consideration that is attached t the same. A consideration is the price for the exchange of the promises which moves from the promisor to the promisee. It is very necessary as it make a contract enforceable in law. (H.K.Luke, 1970) Also, the parties must be capable to enter into a valid contract the parties are capable when they are major and has mental capability to make a contract (Gibbons v Wright, 1954). The younger sister of Alan, Charleen, is taking GCE O levels this year. She is also on the facebook friend list of Alan. Thus she is also eligible to make an offer against the invitation of Alan. So, on 2nd November 2015, when Alan was in bed, Charleen offered Alan to buy the book for $ 200. It is submitted that in order to make a contract, the parties must be capable to make a valid contract. It is submitted and presumed that Charleen is not a major and thus she is not eligible to make an offer. So, the offer made by Charleen to Alan is invalid. But if a contract is made with a minor then the same is valid provided it is for her necessity, Now, Alan smiled at Charleen and gave his assent without any legal intention. However, in law, the offeror and offeree must also have legal intention to be bound by the contract. If the parties do not have legal intention there is no contract. Now, when the assent is provided by Alan to Charleen then at that time Alan was not having any legal intention to accept the offer of Charleen. Thus, as per (Balfour v Balfour , 1919) there is absence of legal intention and there cannot be any contract amid Charleen and Alan. Even if it is considered that Charleen and Allen had legal intention to bind in a contract, stil, since Charleen is taking O level thus she is a minor and as per Gibbons v Wright there can be no contract with minor. So, in any of the cases there can be no contractual relationhsip amid the two. Conclusion It is thus concluded that there cannot be any kind of relationship that existed amid Alen and Charleen mainly because Charleen is a minor. Also, there was no legal intention that was present by Alen which marketing a binding legal contract amid the parties. References Balfour v Balfour (1919). Carlill v Carbolic Smoke Ball Company (1892). Felthouse v Bindley (1862). Gibbons v Wright (1954). Gibson v Manchester City Council (1978). H.K.Luke. (1970). The Intnetion to create legal relation. The Adelaide business Law Review . Hyde v Wrench (1840). Jennifer, C. (2001). Contract Law in south Pacific. Cavendish Publishing. Michael, L. (2013). The Future of Dispute Resolution. LexisNexis Butterworths. Michael, L. (2013). The Future of Dispute Resolution. LexisNexis Butterworths. Pharmaceutical Society v Boots Chemists (1953).