Tuesday, November 26, 2019

Law of International Trade Essays

Law of International Trade Essays Law of International Trade Essay Law of International Trade Essay Introduction Coffee Beans that were bought in Sao Paulo. Brazil are to be transported to a terminal based in Durham. England. The entire weight of the Coffee Beans to be shipped is 1500 metric tons. At first. this may look to be an ordinary cargo on the surface. However. when seting into perspective the sum of legalities to be fulfilled and the monolithic measure of beans involved. the dashing nature of the undertaking becomes apparent. Every state has its ain set of curious trade Torahs. These Torahs become more complex and stringent when it comes to International trade. However. while merchandising across boundaries. the local domestic jurisprudence demands to be respected at any cost. An International trade jurisprudence is a combination of the jurisprudence of the land and international Torahs regulating the minutess of goods or services across boundary lines ( Cornell. 2005 ) . Multilateral pacts are besides signed between states to decide differences and efficaciously implement reciprocally consented footings and conditions. This is done to standardise the full procedure and prevent struggles. For case. the Convention on contracts for the International Gross saless of Goods ( CISG ) is one such international trade understanding put away by the UN to regulate International trade operations. The different manners of transit available for transit demand to be considered. maintaining in head a host of factors. This includes guaranting the safe theodolite of the beans at each and every point. right from the topographic point of purchase to the finish terminal. Attempts besides need to be made to do the procedure every bit economical as possible. The decrease in transit charges would interpret to higher degrees of net income. The sharing of the costs involved in transporting the beans should be decently worked out and the determinations should be incorporated into the understanding. The point at which the seller’s liability ends besides needs to be suitably documented. It is normally indicated by the INCO footings. Although economic system in transit is indispensable. it should non come at the cost of priceless clip. The goods besides need to be transported within a sensible timeframe. The Torahs modulating trade in the going every bit good as finish points need to be decently interpreted. in order to avoid confusion at a ulterior point of clip. This calls for relevant paperwork which would attest the legitimacy of the whole procedure. To get down with. the whole procedure demands to be broken down into different stairss. The purchase of java beans can either be from a maker or a jobber. Relevant cogent evidence of purchase provided should be provided by the marketer. after having the in agreement monetary value. Other export licenses should be purchased. in order to transport them to the terminal in Durham. Then. the purchased beans are moved to a warehouse. Since the purchased goods are rather voluminous and bulky. transporting the goods through best the most cost-efficient solution. However. the goods from the seller’s premises have to be transported to a warehouse. A warehouse is normally an empty storage with equal installations for traveling goods. It is used by makers. concerns. importers. jobbers. exporters and imposts bureau to intermediately hive away goods. The marketer would hold to advise the purchaser about the estimated clip of reaching. The marketer would besides hold to supply necessary cogent evidence paperss of each phase involved in the passenger car of the goods. A host of disbursals are normally incurred during the passenger car of goods from one state to another. This includes disbursals incurred in Warehouse storage and labor. export packing. burden charges. inland cargo. terminal charges. forwarder’s fee. vas burden charges. charges upon reaching. ocean/ air cargo. strike responsibility. revenue enhancements. imposts and charges upon bringing at the finish. While transporting out International trade. the chief concern is the surety of obtaining payments within an acceptable period of clip. This concern is addressed by the construct of Documentary Credits. Documentary Credit is a system by which the purchaser instructs his bank to pay the marketer. On the footing of client trust. the bank transfers the financess to the seller’s bank history on the behalf of the purchaser. However. equal paperss in support of the concerned dealing will hold sent from the ship to the seller’s bank. After verifying these paperss. they are sent to the buyer’s bank for farther processing ( Fraud Aid. 2005 ) . In this agreement. the bank becomes the primary obligator. thereby advancing healthy International trade by extinguishing uncertainties and concerns about payment. The written direction given by the purchaser to his bank is besides normally known as missive of recognition ( L/C ) . The International Chamber of Commerce has defined some internationally recognized trading footings. These footings are otherwise referred to as INCO footings 2000. These trading footings are normally used during the abroad transit of goods. They are used to bespeak whether it is the marketer or purchaser that has to bring forth the needed paperss indispensable for transporting out trade on a planetary graduated table. The INCO footings should be followed by the named topographic point mentioned in the contract ( International Business Institute. 2000 ) . The named topographic point in this instance is Durham. England. These footings are capable of denominating the liabilities every bit good as rights of each party involved. Incoterms 2000 Ex Works’ refers to type of bringing where the full cost and hazard of transporting the goods from seller’s premises to the concluding finish is borne by the purchaser. This theoretical account is extremely good to the marketer. since there is no hazard involved. The marketer does non even have to take up the duty of lading the goods from his premises. as the lone duty will be to do goods available. The relevant bill and testimonies mentioned in the contract will besides hold to be provided by the marketer. The short term for Ex Works is EXW. Free Alongside Ship’ transfers the hazard and cost of transit when the marketer transports the goods to the quay. alongside the ship. The abbreviation for Free Alongside Ship is FAS. In Free Carrier’ . the duty of guaranting the safety of the goods ends for the marketer when the goods are handed over to the Carrier’s detention at a reciprocally agreed location. This location is referred to as the named point. In Free On Board. the marketer bears the liability until the goods are put on board the ship at the Port of cargo. The port of cargo is mentioned in the contract. From this point. the hazard transportations to the Buyer. This is normally known as FOB. In Cost A ; Freight ( CFR ) . the marketer ships the goods to the named Port of finish mentioned in the contract. by paying the cargo charges. The purchaser so takes up complete duty when the goods base on balls over the ship’s rail at the Port. The conditions of Cost Insurance A ; Freight are similar to the old 1. However. the Seller has to take the extra duty of paying the insurance premium on the buyer’s behalf. This is denoted by CIF. The marketer has to besides incur disbursals in sing all the hazards until the named finish. in the instance of Carriage A ; Insurance Paid ( CIP ) . When the marketer bears the cargo charges of the goods until they reach the reciprocally agreed location. it is mentioned as Passenger car Paid ( APT ) . Equally shortly as the goods reach the first bearer. it becomes a liability of the purchaser. In Delivery at Frontier ( DAB ) . the marketer bears the charges and liabilities until the goods enter the Frontier. When the goods reach the Customs procedure. it risk transportations to the purchaser. Delivered Duty Paid ( ADP ) is most favourable to the purchaser. since the marketer will bear all charges incurred in presenting the goods to the purchaser. Delivered Duty Unpaid is similar to ADP. with the exclusion of import responsibility and other official import charges that are borne by the purchaser. In Delivered Ex Ship ( DES ) . the duty and cost of reassigning the goods base on ballss from the marketer to the purchaser when the ship transporting the goods reaches the finish port. It will be the buyer’s duty to dispatch the goods. Delivered Ex Quay ( DEQ ) is of two types ; Duty Paid and Duty on Buyers Account. The marketer has the duty to present the goods in the quay of the finish port. Either the purchaser or the sealant takes up the duty of the paying the responsibility. harmonizing to the initial understanding. Farther considerations Many factors have to be considered when it comes to structuring a passenger car contract understanding. There are three signifiers of passenger car ; common passenger car. contract passenger car and private passenger car. Common passenger car is a type of bearer service catering to the general populace to execute common transit services. These services have to be authorized by assorted authorities regulative bureaus. The duties that are charged for the service legitimately demanded locations are held by these bureaus. Contract passenger car involves transit services to an limitless figure of stations. These bureaus besides have to acquire necessary mandate from the same bureaus. Relevant contracts dwelling of inside informations about the minimal rates and charges are filed at different allowing bureaus and. Transcripts of this contract are besides retained at the installations of the shippers every bit good as the bearers. Private passenger car offers transit services to concern endeavors. This service is for meant for makers and distributers that transport their goods in their private vehicles driven by their ain employees. It is besides normally known as shipper-carrier. The distinct needs’ proviso takes attention of separating the different passenger car types. It is really indispensable to separate between a normal contract and a passenger car contract ; failure to carry through this could ensue in several liability issues on both sides. This distinguishable needs proviso helps to separate a passenger car contract from a regular one. This proviso incorporates certain alone footings and conditions including specific demands of a shipper and the duties that need to be satisfied by the contract bearer. Some of the commonly reference distinguishable needs in a passenger car contract understanding are monetary value accommodation clauses. footings of recognition. incidental transit charges. lading transportation charges and specific bringing agendas. However. the shipper should truly consist these alone services if they are mentioned. A certain grade of rationality should be allowed while covering with passenger car contracts. First of all. one has to understand assorted transporting term in order to grok the transportation regulations better. Carrier’ is a term used to mention to the individual who marks the contract of passenger car with a shipper. It is normally the proprietor or charterer who hires a ship to transport their lading. riders or other goods. Shipper’ refers to the individual who pays money to the bearer to transport his goods ( Arnold. 2003 ) . Hence. the term shipper’ may either mention to the purchaser or the marketer of the beans. depending upon the INCO term in usage. Carrier is the company or bureau which undertakes to transport the beans from Brazil to England. The Contract of passenger car will use to understandings mentioned in the measure of ladling or any similar papers that concerns the passenger car of goods by sea. The term goods’ is used to mention to wares. ware and other articles. However. unrecorded animate beings are non included in the goods class. Goods such as brandy and gun pulverization were classified as unsafe goods. The cogency period of the Contract of passenger car starts from the clip of goods being loaded until they are unloaded from the ship. Hague A ; Hague Visby Rules Hague regulations were framed by the International Convention for the Unification of Certain Rules of Law associating to Bills of Lading and Protocol of Signature. It came into consequence on 25 August 1924 in Brussels. It was an attempt to represent a minimal compulsory liability for bearers. since most of them were hedging the liability due to loss or harm of lading. Harmonizing to the Organisation for Economic Co-operation and Development ( OECD ) . this was a move by the International community to manufacture a just system for the shipper every bit good as the bearer. Even today. these regulations act as the foundation for bordering marine trading Torahs for a bulk of the states around the universe. Harmonizing to Hague Rules. the bearer will be apt to bear the cost of damaged or lost goods merely if the shipper is able to turn out that the shipper’s deficiency or absence of diligence. However. the bearer would non be held apt if the ship was unseaworthy. The bearer will besides lose the liability to counterbalance for the goods. when the harm is caused by a natural catastrophe termed as Act of God’ or a fire accident which is caused to due to any ground other than a mistake in the bearer vas. The bearer will besides non be apt for amendss caused due to the act of terrorists. war or and other anti-social elements like plagiarists. The bearer would non be responsible for a hold in the bringing of goods. if the hold was caused due to an exigency state of affairs like lockouts. quarantine operations or public work stoppages. The shipper would non be able to claim amendss from the bearer. even in the event of disregard of the responsibility by the employees of the ship. Therefore. this enabled the bearer to acquire away with liabilities originating as a consequence of mistakes made by the people working on board such as seamans and the carrier’s working staff. if the bearer was in a place to turn out that the ship was seaworthy and adequately and suitably manned ( Admiralty Law Guide. 2006 ) . Since this proviso lets bearers to acquire off scot-free. it has posed a serious struggle in equilibrating liabilities between the bearer and shipper. Transportation system of goods involves two chief types of contracts. They are Carriage Contract Agreement and Bill of Lading Contract. Passenger car Contract Agreements are normally signed when long cargos are involved. It serves as a go oning contract that stands for the safe bringing of goods to promised finish. It normally covers multiple cargos that are necessary to transport out a long cargo procedure. The complete cargo procedure may affect other manners of transit such as land and air cargo. However. passenger car contract can non function as a reception of ware. The Bill of Lading is issued by the bearer as a cogent evidence of having the goods and serves as reception of ware. A Bill of Lading is an understanding for a individual cargo procedure which may be a portion of a long procedure. In the practical sense. it is a list of outgos incurred towards lading goods into a vas. It is governed by all the footings and conditions mentioned in the Carriage Contract. It besides acts as certification that verifies the genuineness of the laden goods. Further. it indicates whether the received goods were in good status or non. Depending upon status of the goods and packaging. the Bill of Lading is classified as Clean or Foul Bill of Lading. It besides is farther cogent evidence of the being of a Carriage Contract ( Wikipedia. 2006 ) . However. the Bill of ladling and Carriage Contract are wholly different entities and they serve different intents. Hence. the Bill of Ladling can non be used as a Contract Carriage and frailty versa. There are three types of measure of ladling ; consecutive measure of ladling. order measure of ladling and bearer measure of cargo. In consecutive measure of ladling. the consignee can claim amendss from the consignor when the goods are non delivered on clip due to defaulting or carelessness of the consignor. This measure of ladling is non-negotiable. In order measure of ladling. the consignee can obtain bringing of goods if the consignee provides a measure and grounds demoing the consigner’s involvement to reassign. This measure of cargo is negotiable. In bearer measure of ladling. any individual keeping the measure of landing is entitled to have the goods. When the consignor does non advert the consignee’s name. it becomes a carrier measure and can be negotiated. Goods that are issued with a negotiable measure of ladling can be received merely if the original paperss are presented at the clip of bringing. However. the hurrying of trade and theodolite operations has given manner to the issue of non-negotiable paperss for goods. which enables the consignor to have the goods by merely showing the non-negotiable measure of ladling ( Forwarder Law. 2005 ) . Some of the standard duties that have to be fulfilled by the consignor include supplying the bearer with consignee’s name and reference and finish of the passenger car. The nature. weight. volume and the measure of the goods to be shipped are besides to be clearly stated. Even the wadding and wrapper manner. figure of bundles and any other inside informations needed to place the goods need to be provided by the consignor. The consigner would be held be responsible for any amendss. in the event of false or deficient inside informations being provided. Harmonizing to Article 283 of the Carriage of Goods by Sea Act ( CGSA ) ( 1924 ) . the Bill of Lading can be issued either in the name of a peculiar individual or the carrier. It normally consists of the following inside informations. 1 ) Date of publishing the measure. 2 ) Venue where the measure was signed and brought to consequence. 3 ) Topographic point of going and finish. 4 ) Names and references of the consigner. consignee. bearer and the passenger car committee agent. 5 ) The value and designation inside informations of the shipped points. 6 ) Date of transportation. 7 ) Freight and other disbursals with an indicant of whether they are collectible by the consigner or the consignee. 8 ) The conditions refering to the burden and unloading. type of conveyance agencies required to be used for passenger car. the path to be followed. a finding of the duty and any other particular conditions which may be included in a passenger car contract. In add-on to the measure of ladling. the bearer besides issues a non-negotiable reception called bill of lading which proves to be utile in a state of affairs when the goods arrive before the dealing paperss. It is besides issued when the consignee and the consignor is the same individual ( Evans. 2001 ) . This option can be chosen when the consignor decides to cut down paperwork. A ship’s bringing order is another papers that undertakes to transport goods by sea. The commissariats for this papers are provided by the CGSA ( 1992 ) . However. this papers can neither replace a bill of lading nor a measure of cargo. Harmonizing to Article 284 of the CGSA ( 1924 ) . the bearer would be required to publish a measure of ladling to the consignor. Alternatively. the bearer can besides give a reception adverting the inside informations of the goods carried and day of the month of cargo to the consignor. The consignor would be required to present the goods to be shipped at the carrier’s premises. The consignor should besides bring forth relevant papers deemed necessary for transporting. The consignor will be held responsible for any liability arising as a consequence of inaccurate or uncomplete information in the paperss provided. Harmonizing to Article 288 of the CGSA ( 1924 ) . Since the bearer possesses the right to analyze the packaged goods and the criterion of packing before the passenger car. the harm of goods originating due to improper packaging is non wholly borne by the consignor ; the liability is shared with the bearer. Harmonizing to Article 289 of the same Act. the initial scrutiny of the goods would necessitate the presence of the consignor. if gap of packaging is involved. If the consignor is absent during the review procedure. the scrutiny would come on and scrutiny costs would be levied from the consignor. If the bearer finds the goods to be unsuitable for theodolite. the consignor would be informed about the same. Such goods would be shipped by the bearer merely if the consignor bears the liability of harm of goods and the consigner’s consent about the same is incorporated into the Bill of Lading. Cargo Insurance compensates the shipper with losingss caused due to fire. loss of lading and harm. However. losingss that can be recovered from the bearer will non be compensated by Insurance Company. It is besides popularly known as Marine insurance. It is farther classified into Inland and Ocean Marine Insurance. Inland Marine Insurance is issued for goods that are transported without the affecting any signifier sea conveyance and Ocean Marine Insurance is meant for goods that are shipped through waterways. The three pillars of Marine Insurance are insurable involvement. utmost good religion. and insurance ( Export 911 ) . Marine Insurance is non compulsory. unless it is mentioned so in the understanding. The cogent evidence of Insurance is provided by the Insurance policy duly signed by the authorization of the Insurance Company. Generally. the insurance would cover the loss or harm of java beans under normal fortunes. However. the insurance would go nothingness when the shipper tries to or succeeds in doing knowing harm. When the loss of java beans is meager or caused as a consequence of improper packaging. the insurance would non cover the loss. Harmonizing to Article 292 of the CGSA ( 1924 ) . the bearer is obliged to go in the reciprocally agreed upon path mentioned in the understanding. However. the bearer is expected to take the shortest path if a path is non mentioned in the understanding. However. the bearer can alter class if any ineluctable state of affairs arises and the bearer would non be held apt for any loss caused to the consignor due to the late bringing of goods. provided a echt ground is established. The goods being transported by the bearer should be decently safeguarded. The costs incurred in accomplishing this aim. such as repackaging charges are entirely borne by the bearer. However. this does non connote taking extra attention of the goods being transported. For case. when animate beings are being shipped. the bearer will non be responsible for keeping the wellness of the animate being by supplying nutrient and H2O. The same status will stand good while transporting workss every bit good. However. the bearer would hold to take up such duties. if such conditions regulating the wellbeing of workss and animate being are incorporated in the understanding By and large. the bearer will hold the duty to dispatch the goods from the ship and bear the charges incurred towards it. In the event of the understanding non necessitating the bringing of the shipped point to the consignee’s installation. so the consignee would hold to have the same on a peculiar day of the month fixed by the bearer. If the consignee fails to make so. so s/he would hold to bear the charges incurred by the bearer for hive awaying the shipped point. However. the consignee has the right to analyze the contents before admiting the reception and decline the same. if the bearer is non co-operating. The following protocol towards the emancipation of the shippers came in the signifier of the Brussels protocol in 1968. It was responsible for inculcating an of import clause called the container clause’ . It enabled shippers to claim the compensation for each container specified in the Bill of Lading ( Admiralty Law. 2005 ) . As a consequence. this liability system came to be known as the Hague-Visby Rules. An extra protocol was added in 1979 to heighten and revise the regulations. However. neither of two auxiliary protocols of the Hague regulations was able to efficaciously modify the basic liability commissariats. Hamburg Rules The Hamburg regulations were enforced at the United Nations Convention on the Carriage of Goods by Sea held in Hamburg on 30 March 1978. The main aim was to implement a system that would portion the liabilities and duties between shipper and bearer in fairer mode. However. it was merely able to mildly travel the liabilities to the bearer. In add-on to the footings bearer. shipper. goods and ship. a term called Actual carrier’ is defined by the Hamburg regulations. It refers to a individual or an bureau to which the bearer hands over the complete or partial duty of transporting the goods. The clip period for claiming the liabilities caused by the bearer is besides specified by the Hamburg regulations. The shipper can action the bearer for any liabilities with a two twelvemonth clip period from the day of the month of bringing of the goods. This period can be extended by publishing appropriate legal declarations. However. this clip period gets reduced to 90 yearss. in the instance of a 2nd claim after the finding of fact is reached for the first claim. First of all. a written ailment has to be instituted to the bearer within the following on the job twenty-four hours. in the instance of evident harm or loss. However. in the instance of harm or loss non being apparent. the shipper would hold to register a written ailment to the bearer within 15 yearss of having the goods. In order to be in a place to claim amendss due to detain. the bearer would hold to give a compliant to the shipper within 60 yearss of the bringing. The ailment can be sent to the bearer in authorship or via telegraph. Adequate installations will besides hold provided by both parties to inspect and clear up these claims. If the shipper fails to fulfill any of the aforesaid conditions. he or she will non be able to claim amendss from the bearer. The Hamburg regulations besides specify the bounds for liability compensation. The compensation for the liabilities originating as a consequence of harm or loss can non transcend an sum more than 2. 5 units of history per kg or 835 units of history per bundle. This unit is quantified by the International Monetary Fund as a consequence of a Particular Drawing Right. If the shipper’s State is a member of the International Monetary Fund. so the units would be changed into the State’s currency on the judgement twenty-four hours. If the shipper’s State is non a member of the International Monetary Fund. the units would be converted harmonizing to the State’s local Torahs. The liabilities for hold in the bringing of goods should non be more than the entire cargo payable ; it can be up to two and a half times the cargo payable for the goods that are delayed. under the contract of passenger car. Arbitrations A ; Disputes The arbitration of these claims and general differences would usually take topographic point in a locale of the claimer’s penchant. However. the topographic point should be with in conformity to the judicial admissions mentioned. It should non be a topographic point outside the State where the defendant’s concern or abode is located. It can besides take topographic point in a State where the contract was signed or at the topographic point of lading or droping the goods. Judicial action may besides be taken against the bearer in the same topographic points mentioned above. It is better to see the java beans before they are to be shipped onboard a vas. due to the hazards involved in transit. Since the bearers have merely restricted restrictions. it does do sense to obtain insurance. Most bearers transporting from Sao Paulo to Durham. for case Xiameter’ ( 2006 ) follows Passenger car and Insurance Paid ( CIP ) bringing. Therefore. it is better to transport the java beans through a reputed bearer. in order to understate hazards and finish the transportation within a coveted period of clip. Bibliographies ACE- Baracuda. Guide to Incoterms. hypertext transfer protocol: //www. ace-baracuda. com/template7. asp? pageid=26 ( accessed at: 23 April 2006 ) Admiralty and Maritime Law Guide.International Convention for the Unification of Certain Rules of Law associating to Bills of Lading ( Hague Rules ) . and Protocol of Signature: hypertext transfer protocol: //www. admiraltylawguide. com/conven/haguerules1924. hypertext markup language ( accessed at: 23 April 2006 ) Briel. E. ( 1947 )International Passs: A treatise on International jurisprudence. Nyt Nordisk Forlag. Copenhagen. Brooks. M. ( 2000 )Sea Change in Liner Shipping: Regulation and Managerial Decision-Making in Global Industry. Pergamon imperativeness. Amsterdam. Brown. E. D. ( 1997 ) Law of Sea History. Bernhardt. R. ( Ed ) .Encyclopaedia of Public International Law.Amsterdam. Northern Holland. Brugmann. G. ( 2003 )Entree to Maritime ports. Maestro of Laws ( LLM ) . Books on Demand GmbH. Noderstedt. Germany. Caron. D. ( 1989 ) Ships. Nationality and Status. Bernhardt. R ( Ed )Encyclopaedia of Public International jurisprudence. Vol. 11. Amsterdam. Northern Holland. Lex Mercatoria: Information on United Nations Commission on International Trade Law ( UNCITRAL ) .UN Convention on the Carriage of Goods by Sea 1978: hypertext transfer protocol: //www. jus. uio. no/lm/un. sea. passenger car. Hamburg. regulations. 1978/doc ( accessed at: 23 April 2006 ) Mentions Admiralty Law ( 2005 )Hague-Visby Rules.Available from: hypertext transfer protocol: //www. admiraltylaw. com/statutes/hague. hypertext markup language ( accessed at: 29 April 2006 ) . Admiralty Law Guide ( 2006 )Hague Rules.Available from: hypertext transfer protocol: //www. admiraltylawguide. com/conven/haguerules1924. hypertext markup language ( accessed at: 28 April 2006 ) . Arnold. A ( 2003 )Relocation Terminology. Available from: hypertext transfer protocol: //www. aarnold. net/terminology. htm ( accessed at: 28 April 2006 ) . Evans. J ( 2001 )Law of International Trade.3rdEdition. Old Bailey Press. London. Cornell Law School. ( 2005 )International Trade. Available from: hypertext transfer protocol: //www. jurisprudence. Cornell. edu/wex/index. php/International_trade ( accessed at: 29 April 2006 ) . Export 911.Principles of Cargo Insurance.Available from: hypertext transfer protocol: //www. export911. com/e911/ship/principl. htm # xInstitute ( accessed at: 30 April 2006 ) . Forwarder Law.Status of Seaway Bills.Available from: hypertext transfer protocol: //www. forwarderlaw. com/library/view. php? article_id=237 ( accessed at: 30 April 2006 ) . Fraud Aid. ( 2005 )Documentary Credit. Available from: hypertext transfer protocol: //www. fraudaid. com/Dictionary-of-Financial-Scam-Terms/documentary_credit. htm ( accessed at: 28 April 2006 ) . International Business Institute. ( 2000 )Incoterms 2000. Available from: hypertext transfer protocol: //www. i-b-t. net/incoterms. hypertext markup language ( accessed at: 29 April 2006 ) . Administration for Economic Co-operation and Development ( OECD ) .Hague Rules of 1924.Available from: hypertext transfer protocol: //www. oecd. org/document/41/0. 2340. en_2649_34367_2086825_1_1_1_1. 00. hypertext markup language ( accessed at: 29 April 2006 ) ( 2006 )Bill of Ladling. Available from: hypertext transfer protocol: //en. wikipedia. org/wiki/Bill_of_lading ( accessed at: 28 April 2006 ) . Xiameter ( 2006 )Incoterms 2000 Descriptions.Available from: xiameter. com/content/bxrules/incoterms. pdf ( accessed at: 24 April 2006 ) .

Friday, November 22, 2019

Dont Be a Hero! Take Your Sick Days!

Dont Be a Hero! Take Your Sick Days! Somewhere in between convincing our parents that we’re sick enough to miss school and landing our first professional role where it’s actually worse to miss work than to go in sick, we’ve lost sight of something important about sick days. Shane Ferro over at the Huffington Post recommends we all learn from a recent BMW CEO’s collapse onstage and change our attitude about taking days off. Full disclosure, my husband is on his third straight week of pink eye. Three weeks of discomfort and upsetting visuals and being too contagious to go in to work- but he hasn’t taken a single sick day. Instead, he’s worked from home constantly, sometimes with one eye closed, Skyping in for meetings with his web cam turned off and generally getting exactly zero rest despite years worth of accumulated sick days and a seriously gunked-up eye. How did he get like this? †¦.That’s a topic for another column. Let’s look at the public examples set by the 1% instead!Harald Krueger, BMW’s new CEO, collapsed at the Frankfurt Motor Show on stage last week due to a moment of dizziness. Chances are in a new role, at an important public event, he knew canceling wasn’t an option- despite the fact that he’d been traveling extensively and was feeling ill before it happened.A recent study  by researchers at Harvard and Stanford estimated that â€Å"more than 120,000 deaths per year and approximately 5-8% of annual healthcare costs are associated with and may be attributable to how U.S. companies manage their work force.† The study looked at factors including long hours, job insecurity, and work/family conflict.Americans in particular think of their jobs as extensions of themselves. Even when they’re too sick to do their jobs, that high-stakes feeling is what sends them to work with colds, flus, and worse. We like to prove we’re dedicated, essential, and stoic- even though germs don’t know from bravery and just want to find a new host whose life they can ruin!Of course what people don’t realize when they’re trying to play the hero is that refusing to give your body a day to rest up- choosing instead to power through and suffer at your desk while your immune system struggles to defeat the germs that are making you (and trust me, everyone around you) miserable- actually has more long term health consequences than we knew. Stress at work can exacerbate illness or even affect your life expectancy.So if you’re lucky enough to have them, make sure you take your sick days. Get your flu shots. Stop infecting your neighbors and go lie down and drink some fluids. The work will be there when you recover.Now, can someone please print this out and go put it on my husband’s desk?Taking A Sick Day Is Not A Crime. So Why Do We Feel Weird Doing It?Read More at Huffington Post

Thursday, November 21, 2019

A paper about a short story Essay Example | Topics and Well Written Essays - 500 words - 1

A paper about a short story - Essay Example the story where he points out that Matman happens to be a voodoo practitioner, he then described some of the rituals that she sometimes performs that cause her to sometimes fall down to the ground and commence rolling about under the glowing moon (DeSanto 2013). After conducting these bizarre ritual, Matman would then proceed to walk back to the house to eat. An analysis of this incidence seems to suggest to the reader that to Matman and her family, that the occurrence of such an event is a normal everyday event, this is despite of the fact that such actions would generally be regarded by the larger society as being quite bizarre. DeSanto also undertakes to try and normalize some gruesome incidents in the story and describes how after Lord Invader had attacked and mauled the ear of one of the neighborhood boys while he was busy playing a game of basketball, Dà ©dà © had proceeded to beat him out there in the street before leading the dog home. When the boy’s father had turned up at the house, he had insisted on having the dog killed and on his threatening the Dà ©dà ©Ã¢â‚¬â„¢s family, Dà ©dà © had agreed to kill the dog. Dà ©dà © had then slit the dog’s throat during a brief ceremony that had commenced with Matman whispering a Haitian death song that quickly turned into howls. After slitting the dog’s throat Dà ©dà © had proceeded to give it a brief eulogy by whispering â€Å"Lawd Invadar. I lahved you† (DeSanto 2012). By the delivery of the somewhat ordinary eulogy after Dà ©dà ©Ã¢â‚¬â„¢s character had conducted a bizarre ceremony in which he killed his dog, DeSanto is seen to engage in an attempt where he tries to normalize a gruesome event in which a dog is butchered in a bizarre ceremony. The normalization of the bizarre is also seen to be employed by DeSanto in his narration of how John took off all his clothes and ran around the neighborhood while only wearing a bone necklace and then proceeded to dig up the remain of Lord Invader in the rain (DeSanto 2012). The humming of

Tuesday, November 19, 2019

Same-Sex Marriage Essay Example | Topics and Well Written Essays - 500 words

Same-Sex Marriage - Essay Example According to the paper findings same sex marriage has undergone numerous milestones from the initial secretive affair which was prohibited by cultural and religious beliefs of the society to an open affair where weddings are done in public. The coupes are recognized as a man and wife despite the same sexes. This issue is openly against the norms; however, it has found its way to acceptance and legalization. The first time, when same –sex was mentioned and performed was in 342, in the early Roman Empire. Nero became the first emperor to marry a man. He later married two other males in different occasions. As the report declares there have been various perspectives on the legalization and acceptance of same-sex marriage. According to the religious views, the Bible defines marriage as a union of two people of opposite sex. This implies that same-sex marriage is a redefinition of marriage, which is contrary to the Bible. Most Christians have opposed this type of marriage based on ungodliness and against the word of God. This is opposition is reflected in most of the nations that have refused to recognize such marriages. The nations are well founded on religious beliefs. Similarly, the aspect of culture plays a critical role in reflecting what nature of morals a society should uphold. Most cultures across the world respect and recognize marriage between a woman and a man. This makes it difficult to accept marriage between two individual of same sexes. This is a taboo according to most cultures.

Saturday, November 16, 2019

Francisco Goya’s Third of May Essay Example for Free

Francisco Goya’s Third of May Essay Francisco Goya’s ‘The third of May’ was an 1814 painting of Francisco de Goya depicting the execution of the Spanish citizenry resulting from the fighting in the Puerto del Sol area of Madrid. Don Gray in his article Art Essays, Art Criticism Poems pointed out that, the subject of the painting is the dreadfulness of the execution in which Goya has grouped his picture in four different sets namely, those about to be shot, those already dead, the firing squad, and those about to be shot. The painting was done in the context of the aftermath of the popular uprising in Madrid with its background against the French invasion and the monarchic crises it provoked between Charles IV and his son Ferdinand. The title â€Å"The Third of May† simply refers to the fateful days of 2 and 3 of May 1808, which was a Spanish uprising against French invaders. As the riots cleared up, French executioner rounded up the ringleaders for execution but as it may be inevitable, many civilians were said to be included in the infamous firing squad of more than eighty peasants on the predawn of the third of may in 1808 at Principe Pio hill, in Madrid. Historical Issues that may have Influenced the Context of the Work Francisco de Goya was one of the greatest Spanish painters along with El Greco and Diego velasques. Goya’s Third of May depicts the brutal picture where the Spaniards who fought against French-led were executed on the Principe Pio, a remote hill just outside of Madrid. Mary Connell describes the uprising that took place on the second of May. The Spaniards were armed with scissors, spoons, knives, and a few firearms . By mid afternoon the revolt was over but the French were determined to set an example so that the Spanish would not again attempt such a revolt. French soldiers executed eighty-three peasants during the pre-dawn of third of May. This disgusted Goya, feeling that the French liberal reform he had been so pleased at first, had accomplished nothing lasting, as many people had died and suffered as a consequence of the war. Thus, according to Connell, Goya’s work was not meant to be beautiful, but is supposed to be horrifying to frighten the viewer. Connell emphasized that Goya’s purpose within the painting was not to blame the French but to point out the faceless and mechanical forces of war blindly killing people. The painting also depicts how war is horrible and the impact of violence on humanity, which demonstrates that war is always wrong and generate all kinds of evils. Thus, Connell aptly stated that Goya was hoping to persuade people to resort to war in no way at all . The impact of the brutality of the war had made great influence on the â€Å"Third of May† as the painting clearly conveys the horror of war through violence and death. There are some other interpretation of the characters of the painting such as the man in white whose both arms stretched out, said to be resembling Christ sacrificing his life on the cross, the man on the white seemed to be bravely welcoming death by sacrificing himself which seem to portrayed good and evil, with the French troops representing the evil and the dark side of the war. Social Issues that may have influenced the Work Among the social issues that confronted Goya prior to his magnificent work, The Third of May was his loyalty to the French during the occupation. James Voorhies of the Department of European Paintings, The metropolitan Museum of Art, noted that when Goya was questioned about his loyalty to the occupiers, he demonstrated his loyalty to Spain by commemorating Spain’s uprising against the French rule in two paintings: The Second of May and The Third of May. Thus, the social pressure on Goya was that his allegiance to Spain was under question. His desire to prove his allegiance to the Spanish monarchy has led him to commemorate the fateful days two days of May 1808. Regarding the commemoration of that particular incident, Christopher John Murray pointed out that, Goya’s paintings were designed as part of the celebrations of the return of Ferdinand VII to Madrid. As mentioned earlier, the Third of May was painted by Goya to prove his allegiance to the Spanish Monarch in view of social pressures questioning his loyalty to Spain. Murray however, goes deeper than this issue of loyalty. He stated that although the painting has become an iconic image of repression, popular martyrdom, and the horrors of civil strife, in which, Goya intended the message to remind the people of the horrors and violence that war brings, but in modern times, Goya’s work has been viewed being not officially commissioned, but he proposed it as a project, as he was in precarious financial situation, and he wanted to gain favor with the regime of Fernando VII to escape being prosecuted for having collaborated with the Napoleonic occupation. To sum up the social issues that may have influenced the making of the ‘The Third of May,’ are, first, is the issue of collaboration with Napoleonic occupation in which Goya has to prove his allegiance to the Spanish Monarch. The influence of this is seen in Goya’s depiction of good and evil. The good is represented by the martyr and those who are about to face their death through firing squad, while the bad is portrayed by the French soldiers. By this Goya is trying to prove that he is willing to highlight the evils of the Napoleonic occupation. The second is that he intended to paint day two and day three of May, which was for the commemoration of the horrors of war, but it was also intended to please the newly restored king to gain favor in order to avoid possible prosecution due to his collaboration with the Napoleonic rule. Thus, according to Murray, although the paintings in effect are historical paintings commemorating recent events, they are devoid of the element of heroism. Murray contends that there is no evidence that Goya had witnessed the incident, thus it is clear that the third of May is â€Å"a highly imagined and constructed painting. Regardless of the issues surrounding the painting of the â€Å"The Third of May’ Goya has successfully portrayed what he wanted to put on canvas. The Third of May is a powerful reminiscent that war is violent and a waste of life on both sides. The painting is very attractive because of Goya’s brilliant use of colors to emphasize what he wanted the view to read in the painting. What are the Critical issues that may have influenced the context of Goya’s work? There were perhaps a few critical issues that influenced the context of Goya’s work, The Third of May. Among these issues were his deteriorating health and his allegiance to Spain in question. Kimberly Court cited in her article entitled â€Å"Goya’s Black Paintings Harsh, but Honest† that the resulting atrocities on the Iberian Peninsula from 1808 to 1814 forever staining Goya’s insight of Humanity . The uprising that followed after the coronation of King Joseph Bonaparte has persisted through guerilla warfare and continued its war against the Napoleonic armies killing more than three hundred French citizens and capturing French ship. Court pointed out that, the guerrilla warfare was the inspiration behind Goya’s Los Desastres de la Guera or The Disasters of War in English. Goya was afflicted with serious illness, which according to James G. Hollandsworth the popular explanation of Goya’s illness is that he was suffering from syphilis. Hollandswoth asserts that after this illness in 1789, Goya’s paintings reflected a harsh, cynical view of the world. However, despite of his illness, Polyxeni Potter noted that Goya was an artist opposite and contradiction and his paintings incites horror and gladness, sadness and other images that made potter to comment that Goya’s imagination harnessed the supernatural into a disturbing display of the insensible and unreasonable. Goya’s allegiance to Spain was questioned in connection to his collaboration with the French. Since this was already discussed above, it is deemed it unnecessary to discuss it further. Conclusion Francisco de Goya’s contribution to arts is now an institution, which benefits sincere students of the arts. Goya was indeed a gifted person whose works can affect a viewer’s mood. His paintings were a powerful reminiscent of the heroism and nationalism of the Spanish people during the Napoleonic era in Spain. Although his motives in some of his paintings were for personal interest, such as that of The Third of May, it was evident that the painting had left a lasting impression on the effect of war to lives and properties, a lesson that must never be forgotten but to be implanted in the minds of every individual. Francisco de Goya may long been gone, but his contribution in the world of arts will continue to live on especially his use of lights and dark colors. Goya’s talent is not only a gift of his own; it is gift for the entire artist, a gift for the entire aspiring artist, and finally, a gift for everyone loves arts. Goya’s â€Å"The Third of May†, reminds us not only of the horrors and of violence of wars but also of courage, heroism, sacrifice. Bibliography Connell, Mary. The Atrocities of War http://www. jmu. edu/evision/archive/volume1/essays/connell. html Court, Kimberly. Goya’s Black Paintings, harsh, but Honest http://www. wsu. edu/~kimander/goyasblackpaintings. htm Gray, Don. Art Essay, Art Criticism Poems http://www. jessieevans. com/essays/essay087. html Hollandsworth, James. The Pschological Disorfers: Ashizophtenia. New York: Springer 1990. Murray, Christopher John. Encyclopedia of the Romantic Era, 1760-1850, Vol. 2. New York: Fitztoy Dearborn, 2004. Potter, Polyzeni. Emerging Infectious disease http://www. cdc. gov/ncidod/EID/vol9no11/about_cover. htm Voorhies, James. Francisco de Goya 1746-1828 and the Spanish Enlightenment. Metro Politan Museum of Art 2000-2008. http://www. metmuseum. org/toah/hd/goya/hd_goya. htm

Thursday, November 14, 2019

Jane Austens Life and Work Essay -- Author Biography

Jane Austen, one of the most celebrated novelists, wrote seven of the most distinguished novels in the English language. Her first novel--which she started in 1795, revised in 1809 or 1810, and finally published in 1811—was Sense and Sensibility. Many agree that her most renowned work would be Pride and Prejudice. Austen began writing in her early twenties but did not publish her work until later in her life. She obtained a better education than most women of her time. Born in Steventon Village in Hampshire on December 16, 1775, Austen was born into an upper middle class family. She was the daughter of George Austen, a clergyman, and Cassandra Austen. Austen received her education at Reading Abby School. Before she was eighteen Austen had written three volumes of juvenilia and her first book was published at the age of thirty-five. Pride and Prejudice, originally titled First Impressions, was submitted to a London publisher by her father in 1797, a year after Austen b egan writing it. Although the novel was enjoyed by many of her friends and family, the publisher rejected it. She moved to Bath in 1801 and continued to work on First Impressions until 1805 when her father and a close friend passed away in which time she stopped writing for almost five years. In 1809 Austen moved to Hampshire at Chawton College, close to her hometown of Steventon and on January 28, 1813 Pride and Prejudice was published anonymously. Austen’s novels are about people of her societal class on courtship and marriage and throughout her life there were approximately fifteen anonymous reviews, three on Pride and Prejudice. James Edward Austen-Leigh, Austen’s nephew, wrote her first biography in 1870 portraying her as a benevolent, devout, â€Å"spin... ...te, clever, pointed, and satirical to say the least. Jane Austen’s Emma relates to her life in the fact that she writes about the people in her societal class. All of her characters live near the area she grew up in and are all upper middle class families. In Emma George Knightley is often the voice of Austen herself. He relays her opinions and emotions in a subtle way that does not disengage the reader too much. While relaying her opinions and emotions through a character within the novel, it keeps the reader involved enough to keep their emotions within the story and not towards Austen herself. Works Cited Collins, K K. â€Å"Austen, Jane.† World Book Student. World Book Student. Web. 4 Jan. 2011. Gale Student Resources in Context. N.p., n.d. Web. 4 Jan. 2011. Hodge, J.A., et al. â€Å"Jane Austen.† Columbia Encyclopedia. EBSCOhost. Web. 4 Jan. 2011.

Monday, November 11, 2019

Talbos Ng Kamote Tea Recipe and It’s Advantages

This is how to make it: 1. Wash the camote tops (talbos ng camote) with water and vegetable and fruit liquid cleanser like that of Pigeon's cleanser for baby bottles and toys. (It's made of 100% food grade or edible ingredients and removes pesticide residues on fruits and vegetables. ) 2. Boil water in a pot. 3. Once the water is boiling, put the camote tops (leaves only) and let them boil for at least 5 minutes. 4. Steep some more for 5 minutes. 5. Remove the leaves (or talbos) using a strainer and set aside.You can make these leaves into a salad. It's delicious too! 6. Pour on glasses (or cups if you want hot tea). 7. Squeeze 1-2 calamansi to get the juice and mix into the tea. You can add some more if you want it to have a stronger calamansi flavor. 8. Add a teaspoon (or more if you have a sweet tooth) of honey and mix. 9. Add some ice cubes for a refreshing and nutritious iced tea! Now, while you're enjoying your glass/cup of camote tops tea, let share some of its medicinal quali ties.It's a remedy for constipation or aids in regular bowel movement. It's a remedy for stomach distress like those cause by indigestion. It helps maintain thyroid hormones that prevents the thyroid from getting big. It helps lower blood sugar and cholesterol of patients with type 2 diabetes. According to Wiki. answers. com: Sweet potato tops are excellent sources of antioxidative compounds, mainly polyphenolics, which may protect the human body from oxidative stress that is associated with many diseases including cancer and cardiovascular diseases.Sweet potato greens have the highest content of total polyphenolics among other commercial vegetables studied. Sweet potatoes contain protein, dietary fiber, lipid, and essential minerals and nutrients such as calcium, phosphorous, magnesium, sodium, potassium, sulfur, iron, copper, zinc, manganese, aluminum and boron. Sweet potatoes are also important sources of vitamin A, thiamin, riboflavin, niacin and ascorbic acid. In recent years, it has been reported as well that this tea can help Dengue patients recover.Read more about this on an article here. Below is the nutritional value that every 100g of camote tops contain as taken from First Vita Plus website : 30 calcium 24 magnesium 373 potassium 13 sodium 49 phosphorus 85 chlorine 26 sulphur 0. 8 mg/kg iodine traces of manganese, copper and zinc Were you surprised that this cheap vegetable can be this nutritious? In fact, some people plant this in their backyards and just harvest them when they want to have them for salad or tea.