Monitor Complience with Legislative Requirements

A. monitor complience with legislative requirements †¢Understanding the principles on how to monitor complience with the legislative requirements monitor complience with legislative requirements Understanding the principles on how to monitor complience with the legislative requirements 1. explain the basic principles of â€Å"general average† 2. state the procedures for release of cargo to the consignee before the general average contribution has been assessed. 3. tate briefly the basic statutory regulations such as; load line convention, international convention and prevention of pollution at sea, STCW convention, ILO convention, SOLAS Convention, ISM code, ISPS code, GENEVA Conventions of 1958 and the United Nation Convention (UNCLOS) on the Law of the Sea, PMMRR, R. A. 8544, etc. how compliance is controlled and consequences of their non-compliance. 4. enumerate the different organizations, offices and authorities engaged in various controlled activities on vessels (cl assification societies, flag and port state, inspections, etc. 5. enumerate at least ten (10) different mandatory certificates, documents and records required of a commercial vessel, and the implications of their absence. 1. ) The law of general average is a legal principle of maritime law according to which all parties in a sea venture proportionally share any losses resulting from a voluntary sacrifice of part of the ship or cargo to save the whole in an emergency. In the exigencies of hazards faced at sea, crew members often have precious little time in which to determine precisely whose cargo they are jettisoning.Thus, to avoid quarrelling that could waste valuable time, there arose the equitable practice whereby all the merchants whose cargo landed safely would be called on to contribute a portion, based upon a share or percentage, to the merchant or merchants whose goods had been tossed overboard to avert imminent peril. While general average traces its origins in ancient mari time law, still it remains part of the admiralty law of most countries. The first codification of general average was the York Antwerp Rules of 1890. American companies accepted it in 1949.General average requires three elements which are clearly stated by Mr. Justice Grier in Barnard v. Adams: â€Å"1st. A common danger: a danger in which vessel, cargo and crew all participate; a danger imminent and apparently ‘inevitable,' except by voluntarily incurring the loss of a portion of the whole to save the remainder. † â€Å"2nd. There must be a voluntary jettison, jactus, or casting away, of some portion of the joint concern for the purpose of avoiding this imminent peril, periculi imminentis evitandi causa, or, in other words, a transfer of the peril from the whole to a particular portion of the whole. â€Å"3rd. This attempt to avoid the imminent common peril must be successful†. http://en. wikipedia. org/wiki/General_average 2. ) RELEASE OF CARGO WITHOUT PRESENT ATION OF THE CORRECT DOCUMENTATION There has been a noticeable increase in the unlawful or incorrect release of cargo, associated with one of the following release methods: a) Countries that require imported cargo to come immediately under the control of their Customs service, who then take on the responsibility for its release. ) Countries with legislation that permits the release of cargo without the presentation of the original bill of lading. c) Authorisation by the carrier’s agent to release cargo without the permission of the shipper or the issuer of the original bill of lading. There has been considerable coverage regarding the delivery of containerised cargo to locations such as Chile and Paraguay, whereby their Customs service takes immediate control of the cargo and subsequently release it, often without presentation of the original bill of lading.Signum has recently encountered two situations whereby fraudsters have manipulated legislation that allows Customs, with out consultation with the carrier’s agent, to release cargo without presentation of the original bill of lading. 1. The Dominican Republic legislation stipulates that a carrier must deliver all cargo to the Dominican Port Authority/Customs with the carrier’s liability ceasing at the point of entry. Cargo can be released upon presentation of the original bill of lading, accompanied by the commercial invoice.In the absence of an original bill of lading, a bond to the value of the cargo, issued by a bona fide bank or insurance company, is acceptable. The bond indemnifies any party against a loss that may occur as a result of the of the cargo being released. Neither the carrier nor their agent needs to be made aware of such a bond. Signum was asked to enquire into a matter that involved a consignee who secured the release of his cargo by means of an insurance bond and then disappeared, having failed to make payment for the cargo.Initially, the insurance company, who had su pposedly issued the bond to the consignee, maintained that they could not account for itsexistence, suggesting that it had been fraudulently issued. Enquiries revealed that a member of their staff, who was authorised to issue such bonds, had done so on the instructions of her ex-supervisor and a Customs Agent. When these two parties were interviewed, they denied the clerk’s version of events. The Dominican Republic legislation stipulates that provided an authorised person issued the bond, it protects any party who suffered a loss, which applied in this instance.This allowed the shipper to lodge a claim against the insurance company for the loss of the cargo. 2. A similar situation occurred when perishable cargo was released in Suape, Brazil, without presentation of the original bill of lading. The consignee made a fraudulent application to a court under the provisions of the Brazilian Importation Legislation on perishable goods to secure the cargo’s release. He alleged that the shipper had reneged on a contract that allowed him to partly pay for the cargo prior to its receipt and then pay the outstanding amount by instalments.Due to the shipper’s refusal to release the cargo under the terms of the contract and his intention to re-ship it would cause him an irreplaceable loss. The court accepted this submission without seeking the view of the carrier’s agent and ordered the release of the cargo against security lodged with the court in the form of deeds to a property owned by a third party. After obtaining custody of the cargo, the consignee attended the court and produced a fraudulent document, showing that the shipper acknowledged the payment agreement.This caused the court to cancel the security and return the deeds of the property. The court application and payment agreement were shown to be fraudulent and that the consignee had committed similar frauds. The only action that could be taken was to notify Customs and the law enforc ement agency of this person’s activities. A more serious problem that continues to cause concern is where carriers’ agents disregard their legal responsibility in respect of the notified release instructions and authorise a party to receive their cargo without presentation of the correct documentation.This lack of judgement is all too often influenced by their close association with the consignee or their agent, with whom they have no legal obligation. Such releases can cause serious financial implications to the other parties. The general methods used to secure the release of cargo are: 1. The consignee/agent promises to present the original bill of lading at a later date. 2. The production of a consignee/agent’s letter of credit. 3. Bank reference confirming sufficient funds exist in the consignee’s account. 4. The presentation of a forged document.Signum was asked to enquire into the activities of an agency, whereby it appeared that over a period of ti me some 150 containers laden with cargo had been released in non-compliance to their release procedure. This procedure required both the Shipping Manager and another member of staff to authorise the release of containers, upon production of the correct documentation. The Shipping Manager, due to his status and guile, was able, over several months, to authorise the release of these containers without complying with the agencies directive. Only when it became impossible for him to continue to deceive others as to his actions, did he decamp.Prevention is simple. If the original bill of lading is not produced, or there is doubt as to whether it is genuine, then advice should be sought from the issuer of the document. If the matter cannot be resolved satisfactorily and safely, assistance should be obtained from the Club’s local correspondents or the Members’ usual contact at the Club. Signum is always available to investigate serious cases. http://www. ukpandi. com/fileadmi n/uploads/uk-pi/LP%20Documents/Signum_Reports/Signum%20release%20of%20Cargo. pdf 3. ) USCG Load Line Regulations and Policies (46 CFR parts 42–47) 46 USC chapter 51) Overview The principal Coast Guard office responsible for load line regulations and policy is the Naval Architecture Division (CG-ENG-2). In general, most commercial U. S. vessels that are 79 feet (24 m) in length or longer (or more than 150 gross tons if built before 1 Jan 1988 on domestic voyages, or built before 21 Jul 1968 if on foreign voyages) must have a valid load line certificate when venturing outside the U. S. Boundary Line, whether on a domestic or international voyage. Domestic voyages are coastwise, offshore, or high seas voyages that return directly to a U. S. ort (including â€Å"voyages to nowhere†). There are a few limited categories of vessels excluded from load line requirements. For example, small passenger vessels (i. e. , less than 100 gross tons) that only operate on domestic voyage s are excluded. Refer to 46 USC 5102 for vessel applicability specifics. IMPORTANT NOTE CONCERNING U. S. FISHING VESSELS: Previously, all U. S. fishing vessels were statutorily excluded from domestic load line regulations, regardless of size or length (although some fishing vessels that also process their catch beyond certain stages are required to obtain load lines).However, in the Coast Guard Authorization Act of 2010, Congress revoked that exclusion for new fishing vessels built on/after July 1st, 2012. Subsequently, in the Coast Guard and Marine Transportation Act of 2012 (signed into law on 20 Dec 2012), Congress postponed the load line compliance date to July 1st, 2013. Consequently, fishing vessels built on/after 1 July 2013, that are 79 feet or longer, and that operate outside the Boundary Line, are required to have a load line. Load line assignment includes pre-construction review and approval of plans by the assigning authority.Therefore, after 1 July 2013, fishing vessel designers/builders who intend to re-use construction plans for previously-built fishing vessels are cautioned that the plans might not comply with all load line requirements. If the owner intends to operate the new vessel outside the Boundary Line, then designers/builders are advised to submit the plans to the assigning authority in a timely fashion. Existing fishing vessels (i. e. , built before 1 July 2013) remain exempted from load lines for the time being.However, they will eventually have to meet the requirements of an alternate load line compliance program to ensure their continued seaworthiness beyond a certain age. The safety requirements for this alternate program, and the age at which the fishing vessels will need to comply, will be developed in cooperation with the commercial fishing industry and established by future regulation. (â€Å"Built† for these purposes means the date on which the vessel's keel is laid, or the assembled weight of the vessel is at least 50 metric tons (49. long tons) or one percent of the estimated mass of all structural material, whichever is less. ) How is load line length measured? Where is the Boundary Line? Purpose of Load Line Assignment The purpose of load line assignment is to ensure the seaworthiness of the intact (undamaged) vessel. This is accomplished by: †¢Ensuring a robust hull that can withstand severe sea conditions (i. e. , structural design, construction, and maintenance) †¢Ensuring weathertight & watertight integrity (i. e. , coamings; exposed doors, hatches, hull valves, etc, are in good working condition) Ensuring that the vessel has reserve buoyancy and is not overloaded (by limiting the maximum loaded draft) †¢Ensuring that the vessel has adequate stability for all loading & operating conditions (by approved stability documentation & instructions) †¢Ensuring rapid drainage of water on deck (boarding seas) (by adequate arrangement of freeing ports in bulwarks) †¢Ensuring safety of crew while working on deck (by increased freeboard to reduce boarding seas, guardrails) †¢Ensuring that modifications to vessel do not compromise seaworthiness (modifications must be approved by LL assigning authority) Periodic inspections (afloat and drydocked) to verify that the above are properly maintained (by LL assigning authority) Obtaining a Load Line International load line certificates are issued to vessels that meet the requirements of the IMO International Convention on Load Lines (ICLL); ICLL certificates are required on U. S. vessels that go on voyages to foreign ports or waters. Domestic load line certificates are issued to vessels that meet the requirements of U. S. load line regulations (which are found in 46 CFR Subchapter E).With minor exceptions, the U. S. requirements for an unrestricted domestic load line (suitable for high seas voyages) are the same as the requirements for an international ICLL load line. For this reason, an ICLL certificate is acceptable in lieu of a domestic certificate. Load line certificates (domestic or ICLL) are issued on behalf of the United States by the American Bureau of Shipping or one of several other USCG-approved classification societies. The choice of assigning authority is made by the vessel owner/operator.The Coast Guard itself does not issue load lines other than a â€Å"single voyage exemption certificate. † In order to be issued a load line (whether domestic or international ICLL), the vessel must be constructed to meet the load line requirements. This entails pre-construction review and approval of the vessel's design by the assigning authority. Surveyors then periodically visit the shipyard to verify that it is being constructed according to the approved design. Upon completion of construction, the vessel is inclined so that its stability documents can be approved and issued.The freeboard assignment is calculated, and the load line marks are inscribed on the hull. Upon final ve rification that all of these steps have been properly accomplished, the vessel is issued a load line certificate. A load line certificate is normally issued for a 5-year term, subject to annual â€Å"topside† surveys to verify that hatch covers, doors, vent covers, and other critical closures are in good working condition, and that there have not been any damage or unauthorized modifications that would compromise the vessel's seaworthiness.At the end of the 5-year term, the vessel must be drydocked to inspect the underwater hull, seachests and valves, etc, before a new certificate can be issued. Load Line Enforcement and Violations U. S. vessel owners and operators are subject to fines and penalties if a vessel is overloaded such that the load line marks are submerged, or the vessel is operated in violation of any restrictions on its certificate. Penalties are set forth in 46 USC 5116. Foreign vessels in U. S. waters are required to have a valid international (ICLL) load line certificate.A foreign vessel may be detained in port if the Coast Guard determines that it is overloaded, or unseaworthy due to poor condition. The vessel won't be released to depart until the deficiencies have been corrected: excess cargo is offloaded, repairs have been made and a surveyor from the assigning authority has attended the vessel to confirm its compliance with ICLL regulations. 4. ) BP Shipping safeships On the face of it, BP Shipping is one of the safesttanker operators around, regularly achieving topquartile safety results in the industry and rarelymaking headlines for the wrong reasons.But as the organization’s fleet has grown rapidly to more than 80 vessels today, so the realization has spreadthat truly world-class safety performance is about more than lowering headline safety numbers or beating industry benchmarks. For safety performance to really move to a new level, it has to become self sustaining and therefore sustainable. â€Å"Day in, day out, the sa fety message has to be made and remade so that it becomes engrained at every level everywhere, in every action, in every decision and in every way.The entire organization has to be safety empowered and constantly on the lookout for new hazards,† says Dave Williamson, director of fleet operations for BP Shipping. â€Å"We’re beginning to make the turn towards constant improvement and the sort of restless state of mind that we need, but there is still some way to go. † In the past, most emphasis has been put on numbers and performance based on: ‘days away from work case’ incidents, lost time injuries, near misses, oil spills and other serious incidents. These performance matrices continue to be monitored very closely and show continuous improvement.But now the push is on to move safety performance to another level, motivated in no small measure by a fear that some of the cultural and operational factors that led to the Texas City refinery explosion in 2005 might be present in some parts of BP Shipping’s activities. The key to this has been to get everyone in the organization to think about safety in a new way, one that focuses on experience, leadership, training, processes and relationships rather than numbers. Intrinsic to this more open approach is the importance of driving safety back into the ’line’ – to people with asset management capability.In parallel, new emphasis is being placed on safety leadership on vessels and ashore to engender a stronger sense of inclusiveness and team bonding around safety behaviour. â€Å"Safety is not just about trips or falls. It’s about exactly the same things you also need to achieve great operational performance and the same motivations that give us the continuous drive to have the best people, processes, equipment and leadership. † Williamson concludes: â€Å"At the moment we’re not able to say we’re the best, we still have areas whe re we believe there is significant room for improvement.But ‘the best’ is a relative state and safety is a never ending journey. Mysense is that we’ve made significant changes andadvances in the past couple of years. † Measuring safety All injuries by activity, October 2006 All injuries by location onboard, October 2006 Other 23 % Office work 2% Cargo operations 2% Shipyard 5% Navigating 2% Engine operations 9% Bunkering 7% Maintenance 36% Mooring 7% Drills and exercises 2% Domestic 5% Other 6% Enclosed space 2% Steering gear 2% Store rooms 6% Bridge 2% Engine room 41% Mooring areas 4%Lifeboat Accommodation 11% embarkation 4% Main deck 22 % Illegal, Unreported, and Unregulated (IUU) Fishing The crew of the Coast Guard Cutter Rush escorts the suspected high seas drift net fishing vessel Da Cheng in the North Pacific Ocean on August 14, 2012. Photo Credit: U. S. Coast Guard Liberian fishery observers toured a shrimp vessel as part of the two-week observer tra ining program supported by NOAA Fisheries to combat IUU fishing. IUU fishing is a global problem that threatens ocean ecosystems and sustainable fisheries.IUU products often come from fisheries lacking the strong and effective conservation and management measures to which U. S. fishermen are subject. IUU fishing most often violates conservation and management measures, such as quotas or bycatch limits, established under international agreements. By adversely impacting fisheries, marine ecosystems, food security and coastal communities around the world, IUU fishing undermines domestic and international conservation and management efforts. Furthermore, IUU fishing risks the sustainability of a multi-billion-dollar U. S. industry.NOAA’s Role in Combating IUU Fishing Because the United States imports more than 80 percent of its seafood, NOAA Fisheries is working to ensure that high demand for imported seafood does not create incentives for illegal fishing activity. Working in par tnership with other U. S. Government agencies, foreign governments and entities, international organizations, non-government organizations, and the private sector is crucial to effectively combating IUU fishing. We work with other fishing nations to strengthen enforcement and data collection programs around the world aimed at curtailing IUU fishing.We have put measures in place to restrict port entry and access to port services to vessels included on the IUU lists of international fisheries organizations with U. S. membership. For recent news on IUU fishing, visit our IUU stories page. In addition, U. S. legislation allows us to take action on our own. The Magnuson-Stevens Reauthorization Act, which amends the High Seas Driftnet Fishing Moratorium Protection Act, requires NOAA to identify countries that have fishing vessels engaged in IUU activities. Once a nation has been identified, we consult with the nation to encourage appropriate corrective action.If the identified nation rece ives a negative certification, we can impose trade restrictions on that nation. The Lacey Act also provides the United States with the authority to impose significant sanctions against individuals and companies engaged in trafficking illegally taken fish and wildlife. Learn more about action NOAA is taking to combat IUU fishing. For more information or questions on IUU fishing, please visit our frequently asked questions page or contact David Pearl (david. [email  protected] gov). 5. ) passenger ship safety certificate – for all passenger ships †¢cargo ship safety radio certificate – for cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 300gt on international voyages only †¢cargo ship safety equipment certificate – for cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 500gt on international voyages only †¢cargo ship safety construction certificate – for ca rgo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 500gt on international voyages only †¢cargo ship safety certificate – for cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 300gt †¢load line certificate – for passenger ships in non-UK waters, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 24 metres in length (if built on or after 21 July 1968) or of more than 150gt and for passenger ships in UK waters over 80 net tonnes †¢oil pollution prevention certificate – for fishing vessels, passenger ships, cargo ships, chemical tankers or gas carriers and large commercial yachts over 400gt and oil tankers over 150gt †¢minimum safe manning document certificate – for passenger ships, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 500gt †¢safety management certificate â₠¬â€œ for all passenger ships and for cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 500gt †¢ship security certificate – for passenger ships, cargo ships oil tankers, chemical tankers or gas carriers and large commercial yachts on international voyages only †¢sewage pollution certificate – for fishing vessels, passenger ships, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts of 400gt or more, or carrying 15 persons or more on international voyages only †¢air pollution certificate – for fishing vessels, passenger ships, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial achts of 400gt or more †¢anti-fouling declaration – for fishing vessels under 24 metres in length or of less than 400gt †¢anti-fouling certificate – for fishing vessels, passenger ships, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts of 400gt or more †¢certificate of fitness (chemical or gas) certificate – for all chemical tankers or gas carriers †¢dangerous goods certificate – for passenger ships built after 1 September 1984, and for cargo ships after a certain date of build on international voyages only †¢certificate of compliance for a large charter yacht – for all large passenger yachts †¢UK fishing vessel certificate – for fishing vessels between 15 and 24 metres in length †¢international fishing vessel certificate – for fishing vessels over 24 metres in length †¢small commercial vessel certificate – for pilot boats and small commercial vessels under 24 metres in length †¢certificate of registry – mandatory for all fishing vessels, optional for pilot boats and small commercial vessels †¢international tonnage – for fishing vessels under 24 metres in length Monitor Complience with Legislative Requirements A. monitor complience with legislative requirements †¢Understanding the principles on how to monitor complience with the legislative requirements monitor complience with legislative requirements Understanding the principles on how to monitor complience with the legislative requirements 1. explain the basic principles of â€Å"general average† 2. state the procedures for release of cargo to the consignee before the general average contribution has been assessed. 3. tate briefly the basic statutory regulations such as; load line convention, international convention and prevention of pollution at sea, STCW convention, ILO convention, SOLAS Convention, ISM code, ISPS code, GENEVA Conventions of 1958 and the United Nation Convention (UNCLOS) on the Law of the Sea, PMMRR, R. A. 8544, etc. how compliance is controlled and consequences of their non-compliance. 4. enumerate the different organizations, offices and authorities engaged in various controlled activities on vessels (cl assification societies, flag and port state, inspections, etc. 5. enumerate at least ten (10) different mandatory certificates, documents and records required of a commercial vessel, and the implications of their absence. 1. ) The law of general average is a legal principle of maritime law according to which all parties in a sea venture proportionally share any losses resulting from a voluntary sacrifice of part of the ship or cargo to save the whole in an emergency. In the exigencies of hazards faced at sea, crew members often have precious little time in which to determine precisely whose cargo they are jettisoning.Thus, to avoid quarrelling that could waste valuable time, there arose the equitable practice whereby all the merchants whose cargo landed safely would be called on to contribute a portion, based upon a share or percentage, to the merchant or merchants whose goods had been tossed overboard to avert imminent peril. While general average traces its origins in ancient mari time law, still it remains part of the admiralty law of most countries. The first codification of general average was the York Antwerp Rules of 1890. American companies accepted it in 1949.General average requires three elements which are clearly stated by Mr. Justice Grier in Barnard v. Adams: â€Å"1st. A common danger: a danger in which vessel, cargo and crew all participate; a danger imminent and apparently ‘inevitable,' except by voluntarily incurring the loss of a portion of the whole to save the remainder. † â€Å"2nd. There must be a voluntary jettison, jactus, or casting away, of some portion of the joint concern for the purpose of avoiding this imminent peril, periculi imminentis evitandi causa, or, in other words, a transfer of the peril from the whole to a particular portion of the whole. â€Å"3rd. This attempt to avoid the imminent common peril must be successful†. http://en. wikipedia. org/wiki/General_average 2. ) RELEASE OF CARGO WITHOUT PRESENT ATION OF THE CORRECT DOCUMENTATION There has been a noticeable increase in the unlawful or incorrect release of cargo, associated with one of the following release methods: a) Countries that require imported cargo to come immediately under the control of their Customs service, who then take on the responsibility for its release. ) Countries with legislation that permits the release of cargo without the presentation of the original bill of lading. c) Authorisation by the carrier’s agent to release cargo without the permission of the shipper or the issuer of the original bill of lading. There has been considerable coverage regarding the delivery of containerised cargo to locations such as Chile and Paraguay, whereby their Customs service takes immediate control of the cargo and subsequently release it, often without presentation of the original bill of lading.Signum has recently encountered two situations whereby fraudsters have manipulated legislation that allows Customs, with out consultation with the carrier’s agent, to release cargo without presentation of the original bill of lading. 1. The Dominican Republic legislation stipulates that a carrier must deliver all cargo to the Dominican Port Authority/Customs with the carrier’s liability ceasing at the point of entry. Cargo can be released upon presentation of the original bill of lading, accompanied by the commercial invoice.In the absence of an original bill of lading, a bond to the value of the cargo, issued by a bona fide bank or insurance company, is acceptable. The bond indemnifies any party against a loss that may occur as a result of the of the cargo being released. Neither the carrier nor their agent needs to be made aware of such a bond. Signum was asked to enquire into a matter that involved a consignee who secured the release of his cargo by means of an insurance bond and then disappeared, having failed to make payment for the cargo.Initially, the insurance company, who had su pposedly issued the bond to the consignee, maintained that they could not account for itsexistence, suggesting that it had been fraudulently issued. Enquiries revealed that a member of their staff, who was authorised to issue such bonds, had done so on the instructions of her ex-supervisor and a Customs Agent. When these two parties were interviewed, they denied the clerk’s version of events. The Dominican Republic legislation stipulates that provided an authorised person issued the bond, it protects any party who suffered a loss, which applied in this instance.This allowed the shipper to lodge a claim against the insurance company for the loss of the cargo. 2. A similar situation occurred when perishable cargo was released in Suape, Brazil, without presentation of the original bill of lading. The consignee made a fraudulent application to a court under the provisions of the Brazilian Importation Legislation on perishable goods to secure the cargo’s release. He alleged that the shipper had reneged on a contract that allowed him to partly pay for the cargo prior to its receipt and then pay the outstanding amount by instalments.Due to the shipper’s refusal to release the cargo under the terms of the contract and his intention to re-ship it would cause him an irreplaceable loss. The court accepted this submission without seeking the view of the carrier’s agent and ordered the release of the cargo against security lodged with the court in the form of deeds to a property owned by a third party. After obtaining custody of the cargo, the consignee attended the court and produced a fraudulent document, showing that the shipper acknowledged the payment agreement.This caused the court to cancel the security and return the deeds of the property. The court application and payment agreement were shown to be fraudulent and that the consignee had committed similar frauds. The only action that could be taken was to notify Customs and the law enforc ement agency of this person’s activities. A more serious problem that continues to cause concern is where carriers’ agents disregard their legal responsibility in respect of the notified release instructions and authorise a party to receive their cargo without presentation of the correct documentation.This lack of judgement is all too often influenced by their close association with the consignee or their agent, with whom they have no legal obligation. Such releases can cause serious financial implications to the other parties. The general methods used to secure the release of cargo are: 1. The consignee/agent promises to present the original bill of lading at a later date. 2. The production of a consignee/agent’s letter of credit. 3. Bank reference confirming sufficient funds exist in the consignee’s account. 4. The presentation of a forged document.Signum was asked to enquire into the activities of an agency, whereby it appeared that over a period of ti me some 150 containers laden with cargo had been released in non-compliance to their release procedure. This procedure required both the Shipping Manager and another member of staff to authorise the release of containers, upon production of the correct documentation. The Shipping Manager, due to his status and guile, was able, over several months, to authorise the release of these containers without complying with the agencies directive. Only when it became impossible for him to continue to deceive others as to his actions, did he decamp.Prevention is simple. If the original bill of lading is not produced, or there is doubt as to whether it is genuine, then advice should be sought from the issuer of the document. If the matter cannot be resolved satisfactorily and safely, assistance should be obtained from the Club’s local correspondents or the Members’ usual contact at the Club. Signum is always available to investigate serious cases. http://www. ukpandi. com/fileadmi n/uploads/uk-pi/LP%20Documents/Signum_Reports/Signum%20release%20of%20Cargo. pdf 3. ) USCG Load Line Regulations and Policies (46 CFR parts 42–47) 46 USC chapter 51) Overview The principal Coast Guard office responsible for load line regulations and policy is the Naval Architecture Division (CG-ENG-2). In general, most commercial U. S. vessels that are 79 feet (24 m) in length or longer (or more than 150 gross tons if built before 1 Jan 1988 on domestic voyages, or built before 21 Jul 1968 if on foreign voyages) must have a valid load line certificate when venturing outside the U. S. Boundary Line, whether on a domestic or international voyage. Domestic voyages are coastwise, offshore, or high seas voyages that return directly to a U. S. ort (including â€Å"voyages to nowhere†). There are a few limited categories of vessels excluded from load line requirements. For example, small passenger vessels (i. e. , less than 100 gross tons) that only operate on domestic voyage s are excluded. Refer to 46 USC 5102 for vessel applicability specifics. IMPORTANT NOTE CONCERNING U. S. FISHING VESSELS: Previously, all U. S. fishing vessels were statutorily excluded from domestic load line regulations, regardless of size or length (although some fishing vessels that also process their catch beyond certain stages are required to obtain load lines).However, in the Coast Guard Authorization Act of 2010, Congress revoked that exclusion for new fishing vessels built on/after July 1st, 2012. Subsequently, in the Coast Guard and Marine Transportation Act of 2012 (signed into law on 20 Dec 2012), Congress postponed the load line compliance date to July 1st, 2013. Consequently, fishing vessels built on/after 1 July 2013, that are 79 feet or longer, and that operate outside the Boundary Line, are required to have a load line. Load line assignment includes pre-construction review and approval of plans by the assigning authority.Therefore, after 1 July 2013, fishing vessel designers/builders who intend to re-use construction plans for previously-built fishing vessels are cautioned that the plans might not comply with all load line requirements. If the owner intends to operate the new vessel outside the Boundary Line, then designers/builders are advised to submit the plans to the assigning authority in a timely fashion. Existing fishing vessels (i. e. , built before 1 July 2013) remain exempted from load lines for the time being.However, they will eventually have to meet the requirements of an alternate load line compliance program to ensure their continued seaworthiness beyond a certain age. The safety requirements for this alternate program, and the age at which the fishing vessels will need to comply, will be developed in cooperation with the commercial fishing industry and established by future regulation. (â€Å"Built† for these purposes means the date on which the vessel's keel is laid, or the assembled weight of the vessel is at least 50 metric tons (49. long tons) or one percent of the estimated mass of all structural material, whichever is less. ) How is load line length measured? Where is the Boundary Line? Purpose of Load Line Assignment The purpose of load line assignment is to ensure the seaworthiness of the intact (undamaged) vessel. This is accomplished by: †¢Ensuring a robust hull that can withstand severe sea conditions (i. e. , structural design, construction, and maintenance) †¢Ensuring weathertight & watertight integrity (i. e. , coamings; exposed doors, hatches, hull valves, etc, are in good working condition) Ensuring that the vessel has reserve buoyancy and is not overloaded (by limiting the maximum loaded draft) †¢Ensuring that the vessel has adequate stability for all loading & operating conditions (by approved stability documentation & instructions) †¢Ensuring rapid drainage of water on deck (boarding seas) (by adequate arrangement of freeing ports in bulwarks) †¢Ensuring safety of crew while working on deck (by increased freeboard to reduce boarding seas, guardrails) †¢Ensuring that modifications to vessel do not compromise seaworthiness (modifications must be approved by LL assigning authority) Periodic inspections (afloat and drydocked) to verify that the above are properly maintained (by LL assigning authority) Obtaining a Load Line International load line certificates are issued to vessels that meet the requirements of the IMO International Convention on Load Lines (ICLL); ICLL certificates are required on U. S. vessels that go on voyages to foreign ports or waters. Domestic load line certificates are issued to vessels that meet the requirements of U. S. load line regulations (which are found in 46 CFR Subchapter E).With minor exceptions, the U. S. requirements for an unrestricted domestic load line (suitable for high seas voyages) are the same as the requirements for an international ICLL load line. For this reason, an ICLL certificate is acceptable in lieu of a domestic certificate. Load line certificates (domestic or ICLL) are issued on behalf of the United States by the American Bureau of Shipping or one of several other USCG-approved classification societies. The choice of assigning authority is made by the vessel owner/operator.The Coast Guard itself does not issue load lines other than a â€Å"single voyage exemption certificate. † In order to be issued a load line (whether domestic or international ICLL), the vessel must be constructed to meet the load line requirements. This entails pre-construction review and approval of the vessel's design by the assigning authority. Surveyors then periodically visit the shipyard to verify that it is being constructed according to the approved design. Upon completion of construction, the vessel is inclined so that its stability documents can be approved and issued.The freeboard assignment is calculated, and the load line marks are inscribed on the hull. Upon final ve rification that all of these steps have been properly accomplished, the vessel is issued a load line certificate. A load line certificate is normally issued for a 5-year term, subject to annual â€Å"topside† surveys to verify that hatch covers, doors, vent covers, and other critical closures are in good working condition, and that there have not been any damage or unauthorized modifications that would compromise the vessel's seaworthiness.At the end of the 5-year term, the vessel must be drydocked to inspect the underwater hull, seachests and valves, etc, before a new certificate can be issued. Load Line Enforcement and Violations U. S. vessel owners and operators are subject to fines and penalties if a vessel is overloaded such that the load line marks are submerged, or the vessel is operated in violation of any restrictions on its certificate. Penalties are set forth in 46 USC 5116. Foreign vessels in U. S. waters are required to have a valid international (ICLL) load line certificate.A foreign vessel may be detained in port if the Coast Guard determines that it is overloaded, or unseaworthy due to poor condition. The vessel won't be released to depart until the deficiencies have been corrected: excess cargo is offloaded, repairs have been made and a surveyor from the assigning authority has attended the vessel to confirm its compliance with ICLL regulations. 4. ) BP Shipping safeships On the face of it, BP Shipping is one of the safesttanker operators around, regularly achieving topquartile safety results in the industry and rarelymaking headlines for the wrong reasons.But as the organization’s fleet has grown rapidly to more than 80 vessels today, so the realization has spreadthat truly world-class safety performance is about more than lowering headline safety numbers or beating industry benchmarks. For safety performance to really move to a new level, it has to become self sustaining and therefore sustainable. â€Å"Day in, day out, the sa fety message has to be made and remade so that it becomes engrained at every level everywhere, in every action, in every decision and in every way.The entire organization has to be safety empowered and constantly on the lookout for new hazards,† says Dave Williamson, director of fleet operations for BP Shipping. â€Å"We’re beginning to make the turn towards constant improvement and the sort of restless state of mind that we need, but there is still some way to go. † In the past, most emphasis has been put on numbers and performance based on: ‘days away from work case’ incidents, lost time injuries, near misses, oil spills and other serious incidents. These performance matrices continue to be monitored very closely and show continuous improvement.But now the push is on to move safety performance to another level, motivated in no small measure by a fear that some of the cultural and operational factors that led to the Texas City refinery explosion in 2005 might be present in some parts of BP Shipping’s activities. The key to this has been to get everyone in the organization to think about safety in a new way, one that focuses on experience, leadership, training, processes and relationships rather than numbers. Intrinsic to this more open approach is the importance of driving safety back into the ’line’ – to people with asset management capability.In parallel, new emphasis is being placed on safety leadership on vessels and ashore to engender a stronger sense of inclusiveness and team bonding around safety behaviour. â€Å"Safety is not just about trips or falls. It’s about exactly the same things you also need to achieve great operational performance and the same motivations that give us the continuous drive to have the best people, processes, equipment and leadership. † Williamson concludes: â€Å"At the moment we’re not able to say we’re the best, we still have areas whe re we believe there is significant room for improvement.But ‘the best’ is a relative state and safety is a never ending journey. Mysense is that we’ve made significant changes andadvances in the past couple of years. † Measuring safety All injuries by activity, October 2006 All injuries by location onboard, October 2006 Other 23 % Office work 2% Cargo operations 2% Shipyard 5% Navigating 2% Engine operations 9% Bunkering 7% Maintenance 36% Mooring 7% Drills and exercises 2% Domestic 5% Other 6% Enclosed space 2% Steering gear 2% Store rooms 6% Bridge 2% Engine room 41% Mooring areas 4%Lifeboat Accommodation 11% embarkation 4% Main deck 22 % Illegal, Unreported, and Unregulated (IUU) Fishing The crew of the Coast Guard Cutter Rush escorts the suspected high seas drift net fishing vessel Da Cheng in the North Pacific Ocean on August 14, 2012. Photo Credit: U. S. Coast Guard Liberian fishery observers toured a shrimp vessel as part of the two-week observer tra ining program supported by NOAA Fisheries to combat IUU fishing. IUU fishing is a global problem that threatens ocean ecosystems and sustainable fisheries.IUU products often come from fisheries lacking the strong and effective conservation and management measures to which U. S. fishermen are subject. IUU fishing most often violates conservation and management measures, such as quotas or bycatch limits, established under international agreements. By adversely impacting fisheries, marine ecosystems, food security and coastal communities around the world, IUU fishing undermines domestic and international conservation and management efforts. Furthermore, IUU fishing risks the sustainability of a multi-billion-dollar U. S. industry.NOAA’s Role in Combating IUU Fishing Because the United States imports more than 80 percent of its seafood, NOAA Fisheries is working to ensure that high demand for imported seafood does not create incentives for illegal fishing activity. Working in par tnership with other U. S. Government agencies, foreign governments and entities, international organizations, non-government organizations, and the private sector is crucial to effectively combating IUU fishing. We work with other fishing nations to strengthen enforcement and data collection programs around the world aimed at curtailing IUU fishing.We have put measures in place to restrict port entry and access to port services to vessels included on the IUU lists of international fisheries organizations with U. S. membership. For recent news on IUU fishing, visit our IUU stories page. In addition, U. S. legislation allows us to take action on our own. The Magnuson-Stevens Reauthorization Act, which amends the High Seas Driftnet Fishing Moratorium Protection Act, requires NOAA to identify countries that have fishing vessels engaged in IUU activities. Once a nation has been identified, we consult with the nation to encourage appropriate corrective action.If the identified nation rece ives a negative certification, we can impose trade restrictions on that nation. The Lacey Act also provides the United States with the authority to impose significant sanctions against individuals and companies engaged in trafficking illegally taken fish and wildlife. Learn more about action NOAA is taking to combat IUU fishing. For more information or questions on IUU fishing, please visit our frequently asked questions page or contact David Pearl (david. [email  protected] gov). 5. ) passenger ship safety certificate – for all passenger ships †¢cargo ship safety radio certificate – for cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 300gt on international voyages only †¢cargo ship safety equipment certificate – for cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 500gt on international voyages only †¢cargo ship safety construction certificate – for ca rgo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 500gt on international voyages only †¢cargo ship safety certificate – for cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 300gt †¢load line certificate – for passenger ships in non-UK waters, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 24 metres in length (if built on or after 21 July 1968) or of more than 150gt and for passenger ships in UK waters over 80 net tonnes †¢oil pollution prevention certificate – for fishing vessels, passenger ships, cargo ships, chemical tankers or gas carriers and large commercial yachts over 400gt and oil tankers over 150gt †¢minimum safe manning document certificate – for passenger ships, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 500gt †¢safety management certificate â₠¬â€œ for all passenger ships and for cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts over 500gt †¢ship security certificate – for passenger ships, cargo ships oil tankers, chemical tankers or gas carriers and large commercial yachts on international voyages only †¢sewage pollution certificate – for fishing vessels, passenger ships, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts of 400gt or more, or carrying 15 persons or more on international voyages only †¢air pollution certificate – for fishing vessels, passenger ships, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial achts of 400gt or more †¢anti-fouling declaration – for fishing vessels under 24 metres in length or of less than 400gt †¢anti-fouling certificate – for fishing vessels, passenger ships, cargo ships, oil tankers, chemical tankers or gas carriers and large commercial yachts of 400gt or more †¢certificate of fitness (chemical or gas) certificate – for all chemical tankers or gas carriers †¢dangerous goods certificate – for passenger ships built after 1 September 1984, and for cargo ships after a certain date of build on international voyages only †¢certificate of compliance for a large charter yacht – for all large passenger yachts †¢UK fishing vessel certificate – for fishing vessels between 15 and 24 metres in length †¢international fishing vessel certificate – for fishing vessels over 24 metres in length †¢small commercial vessel certificate – for pilot boats and small commercial vessels under 24 metres in length †¢certificate of registry – mandatory for all fishing vessels, optional for pilot boats and small commercial vessels †¢international tonnage – for fishing vessels under 24 metres in length

German Expressionism

German Expressionism: â€Å"Nonstarter† vs.. â€Å"The Cabinet of Dry. Calamari† German expressionism is a movement that started post World War 1, and before the Second World War. It used a unique technique of shadowing and distinctive camera angles. The films during the movement told stories that mimicked the forbidding reality of the German's life. For example, in â€Å"The Cabinet of Dry. Calamari,† the set design was painted to get the specific diagonals and claustrophobic atmosphere.Throughout the film, the viewer almost experiences the madness that is happening on the set. The music pushes down on your brain, creating a feeling of uneasiness. The monotone music combined with the asymmetrical diagonals represent the mindset of Francis, who is in the insane asylum. The overall film presents a horror-like impression. The film â€Å"Nonstarter† also falls into the category of German Expressionism.However, it is more sped-up and includes several montages, especially during the scene with Count Oarlock. â€Å"Nonstarter† like, â€Å"The Cabinet of Dry. Calamari† takes on similar traits of darkness and delusion. The directors partaking in such a movement often used it as a cry for help, considering the after math of WWW for Germany. â€Å"Nonstarter† uses any shadowing techniques; personally, I think they symbolize the issues the society was going through with humiliation and disease.Count Oarlock, throughout the beginning of the film was only seen in shadows, and the first time the viewer sees Oarlock is the first time Hotter encounters him at gate of the mansion. Oarlock plays the part as the cursed vampire well; it adds the finishing detail to the film of German Expressionism. â€Å"The Cabinet of Dry. Calamari† and â€Å"Nonstarter† take on a deeper meaning than what is shown on the screen. They include a lot if inner thoughts and emotions that can allude to the general public of Germany at the t ime.

Giorgio Armani: Elegance Without Excess.

GIORGIO ARMANI: Elegance Without Excess. Giorgio Armani is a household name synonymous with not only style and design but also incredible corporate success and branding. The fashion house of Armani is reportedly the most financially successful Italy has ever produced. The master tailor first made headlines by redefining the rules of precision and reinventing the tailored jacket. For Armani, simplicity is key. This doesn’t only apply to his unparalleled craftsmanship and subtle ingenuity however, but also his image and personal life. Unlike many established designers, the name Giorgio Armani bears relatively little published material to his work, as well as no serious in-depth analysis of his aesthetic. Born in Picanza in 1934, there had always been early evidence of the Giorgio Armani prodigy. A sensitive and unusually fastidious child, Armani enjoyed a stable childhood in a hardworking middleclass family. His mother was a great influence in his life, as she dressed elegantly but disdained fashion. It was not surprising to learn that her favourite colours were cream, white, taupe and grey – colours that we know today represent signature Armani. He completed his studies at the University of Bologna, after which he took a job as an assistant window dresser, and then a fashion buyer, in 1954. In 1960s, he worked at menswear company Nino Cerruti as a designer, where he developed his knowledge and understanding of tailoring, fabrics and production. It was a decade later that he met Sergio Galeotti, his partner, with whom he launched his first collection. A pioneer of the fashion industry of the 20th century in many respects, Giorgio Armani himself is the epitome of etiquette, poise and grace – highly reflective in his designs. The Armani loyalty began with the design of the menswear tuxedo, applauded for its timeless elegance and superb fit. To wear Armani was to reflect self-confidence, power, and elegant ease. To many, it represents a status symbol. Despite this haute position in luxury, Giorgio Ar mani did not design for the traditional, and his designs were far from untouchable. He was in fact highly adamant in the notion of wearability, and the importance of being in tune with the times. He considers it an achievement to design clothes for everyday, as that’s how he believes fashion should be in relation to its consumer – accessible, and comfortable. A signature Armani garment should not only portray elegance, but also comfort. Armani gained his fame as he challenged the ideas of rigid jackets – as well as rigid ideals. He redesigned the menswear blazer so that it patterned much simpler, with no lining, no padding, and most importantly, no stiffness. He also extended its length, slimming lapels and creating baggy pockets to give a more modern, refined illusion. As the popularity of signature Armani skyrocketed, so did his reputation and following. It was not long before women were insistent for these menswear elements in their clothing; thus was born the Giorgio Armani Womenswear line. He deconstructed the man’s jacket and reconstructed it on the more curvaceous lines of a womens body, offering the working woman (a new concept at the time) a symbiosis of understatement and sensuality, femininity and power-dressing. Timing was perfect. People were overcoming the â€Å"Flowerpower† phase and Armani facilitated the gap by giving women clothing that was more adapted to the future. It was Armani that developed the concept of androgyny. Armani, quite plainly, redefined early ready to wear with his radically simplistic ideas. He contrasted overdramatized French fashion with more classic Italian fashion, claiming that wome n need a lot less in their clothing these days. The Armani vision was to eliminate the superfluous, emphasize the comfortable, and stress the harmony of the most essential details – in design, materials as well as cut. With his debut of WRTW he intended to create clothing that truly reflected the lives of the women who wear it – real women. Before Giorgio Armani, fashion was constricted, not easy, and outdated. In the world of Mr. Armani, practical and co mfortable are two words that remains an illustration of important fashion prerequisites. Through his childhood Armani had developed a love of textiles. He thus emphasized the importance of quality fabrics. Leather, linen, silk and textural weaves became inherent in his designs. The Armani colour palette rom birth has always been a combination of understated sophistication, bearing a predominant blend of muted and neutral hues. Fascinated by fabrics, he consistently played with the notions of masculinity and femininity. His craftsmanship was immaculate, and he eventually reigned in the indulgence and luxury of eveningwear. The 1970s proved to be a year of success for Armani, as it was around this time that his designs were first brought into the U. S via Barneys New York. His success in the city that never sleeps cemented his future. While Europe was still set on traditional ideals, the American consumer was significantly more open-minded and experimental. Till today, Giorgio Armani says that the American woman was his first client, as his silhouette depicted the casual feeling of American tailoring and fabrication. By 1999, the Giorgio Armani brand had 250 stores on five continents. His knack for business led him to lead the company on a more corporate wavelength. Armani today comprises of several lines, 9 fragrances, and a range of licenses in products from watches to umbrellas. Many of the lines Armani designs for are run rather commercially, where he bases much creativity according to the market. Regardless, Giorgio Armani consistently manages to maintain his design and style philosophy while simultaneously keeping fresh and current. Despite evolving trends and commercial/market demand, Armani has always been loyal to his elegant, timeless aesthetic. While he acknowledges fashion, he is not dominated by the need of novelty in every collection – and remains a critique of the flamboyancies and increased sexuality of the works of his industry peers. The key to his inspiration behind each collection was â€Å"renewal without rejecting the past†. Despite his love for the simplistic 30s and 40s, an era he was always influenced by, he began to play with various ethnicities and cultures in his designs. Giorgio Armani was always fascinated by the orient, fond of the pureness, colours and hues of the Japanese culture. He believes that touches of ethnicity soften the rigidity of a garment, adding to his vision of a women’s relationship to her clothes – the fulfillment of a dream.

Business - Business Environment Essay Example | Topics and Well Written Essays - 750 words

Business - Business Environment - Essay Example Profit and not for-profit organizations are very essential and play important role in U.S economy. Although both have some similarities, they also have differences. For-profit organizations are some of the prime movers of the economy in that they are responsible for a big share of capital generation. For-profit organizations utilize natural, artificial and human resources to generate profits. Most of for-profit organizations are involved in generation of products and services for the population. Notably, for-profit organizations are able to harness and utilize resources at a large scale therefore benefiting from economies of scale. Therefore, they are able to provide goods and services at a low cost. For-profit organizations are responsible for provision of employment to the greatest percentage of the U.S workforce. On the other hand, not for-profit organizations provide human empowerment services to the U.S population without generating profit. They play a pivotal role in economy in that they provide free or affordable services that would otherwise have cost the population a lot of money. Additionally, not for-profit organizations provide employment to approximately 10 percent of U.S workforce. Although they do not necessarily make profit, they provide mechanisms in which money flows through the economy. There are two primary ways in which economy can be regulated. The first one is through fiscal policies and the second one is through monetary policies. Whereas monetary policies are implemented by the central bank, fiscal policies are economic regulations implemented directly by the government. Monetary policies have either short term or long-term effects on the economy. Restrictive monetary policies seek to slow down economic activities to avert a possible inflation in the future. On the other hand, stimulative fiscal policies seek such as reduction in tax, increased spending aim at rejuvenating economic activities. Fiscal policies on the other hand, regulate the economy by use of government regulations that are sourced from acts of congress. This is done through regulation of government spending and tax structures both at federal and state levels. It is assumed that business cycles are controlled by aggregate expenditures. This is mostly reflected on business sector and government spending. Therefore, the government implements policies aimed at controlling the flow of capital in business sector as well as government spending. Therefore, the government controls government purchases or spending and taxes on business sector. This way, the government is able to regulate the economy. Air transport service is one of the most widely used forms of global transport. It accounts for the greatest percentage of inter country transport. Whereas air transport is a lucrative and profitable business, accessing global markets is usually a challenging endeavor. This is because the business rests on different market structures with have different and som etimes, contrasting interests. The most appropriate strategy for accessing global market would be to access the travel and transport needs for different countries in which the air transport service is to be provided. Different cultural and societal needs for all countries need to be assessed. It will thus be possible to access these markets by

An Ethically Bad Life Research Paper Example | Topics and Well Written Essays - 1250 words

An Ethically Bad Life - Research Paper Example Therefore, the focus of whether an ethically bad life is real has more to do with what we do and the decision making process of members of society, on what they ought to engage or what they ought not to engage in. However, ethics does not offer easy answers to these questions, unlike in the case of issues that are patently obvious within the society (Vendemiati, 2004). This paper will explore whether an ethically bad life is real, and how it can be identified. In exploring the ethical nature of a bad life, arguments for whether it is real or not will be explored; support will be offered, that an ethically bad life exists. Identification of the specific issue Ethical theory is a major part of all choices, reasoning and the philosophies that are broadly conceived. The aim of ethics, according to different theorists, including Plato, Hobbes, Aristotle, and Levinas include the discernment of right from wrong choices and acts towards others. Other theorists views that ethics distinguishes what is morally bad or good, and others defines it as an explanation of the principles that guide a life, which is worth living (Singer, 2000). The issue that arises from the conception of ethical actions and whether an ethically bad life exists is the regard of whether ethics is the same as what is commonly accepted, law or religion. Therefore, before exploring whether an ethically bad life exists, it is important to separate ethics from other areas that inform ethics. First, is the fact that ethics is not all about what is commonly accepted among members of a given group, or among members of society (Vendemiati, 2004). For example, among the members of a gang within the society, violence may be gratuitously viewed as fun and acceptable. The mere fact that some action is commonly accepted among a given group does not make it ethical. In support of this distinction David Hume argued that, â€Å"is does not imply or mean ought† (Singer, 2000). Secondly, ethics is not law, bec ause in some cases, laws will incarnate ethical standards. For example, the mistreatment of domesticated animals was viewed as an ethical issue, long before it was considered an area of legal action at different countries. Further, all that falls under the scope of ethical concern may be regarded relevant under law. An example is that it is ethically regarded that people should remain nice to one another, but that principles cannot be subjected to legal practice. Thirdly, ethics is not religion, and the two can be explored differently, irrespective of the fact that religions present ethical principles that are observed. Due to the fact that ethics is different from what is commonly acceptable, law and religion, the question that comes up is whether an ethically bad life can be explained on the basis of the different considerations. Based on this regard, this paper will discuss the coverage of the ethical nature of life, and explain how an ethically bad life can be distinguished from an ethically good one (Singer, 2000). The argument develops on the fact that ethics is related to what is right and wrong, in defining the conduct of humans, demonstrating the areas that distinguish an ethically bad life, using the actions, choices and the dilemmas that present in the lives of members of society. The multiple sides of an ethically bad life As free people, humans are faced by the opportunity of making choices, some related to trivial areas like the outfit to wear on different days. Others are more serious cases, involving those that can result in life or death, therefore, distinguishing between an ethically bad and good life can be very instrumental in shaping

Reading Early American Newspapers Assignment Example | Topics and Well Written Essays - 750 words

Reading Early American Newspapers - Assignment Example The people of American have always had a voice and proved at this time that they were tired of hereditary politics. The people speak through the election, and this is very clear by Jacksonian ticket aspirants being elected with a majority of votes despite being unpopular among the elite politicians of the time. The nation of America has been very conscious by the type of leader it elects. The article shows the people were judging politicians by their performance and not by popularity. The author laments of bad governorship where leaders are elected by a majority and then after a short while they prove to be selfish and corrupt. However, during the next elections the leaders never ascend to the office. The fact manifests importance of elections in any society. The elections provide the people an opportunity to choose good governance and the leader they feel will deliver. Just like today politicians were very powerful people in the government. The article shows any abuse of office will result into massive voter loss during the next elections. The culture of voting in America is very unpredictable. The famous politicians undermined Jacksonian ticket counterparts, and they emerged victoriously. The only way a politician can win an electoral post is to ensure that he has touch with the people. The leader should be selfless and have the will of the people at heart. The nation is always looking for a leader with the selfless attributes and love of the nation to elect. The nation of America has always been hospitable and accommodates many foreigners. The article shows presence of Irish countrymen during the time of the election. The foreigners were given the privilege of voting. However, they still voted for Jacksons. The act emphasizes on the will of the people to want credible leaders who have their interest at heart. The article explains the importance of democracy and many parties that one can choose in regard to their policy. The early

Part 4 Analysis, Evaluation of GoalsObjectives Essay

Part 4 Analysis, Evaluation of GoalsObjectives - Essay Example Lay, (Chairman and CEO of Frito-Lay), through the merger of the two companies in 1965. Pepsi is known for aggressive marketing campaigns and setting challenging targets for it. Goals must be set after studying the market dynamics as well as the strengths of the company. The SMART model for setting goals was developed by psychologists as a comprehensive tool for the goal-setting exercise. As per this model goals must be; Specific, Measurable, Attainable, Relevant, and Time-bound. One of the immediate strategic goals of PepsiCo was to take on Coca-Cola, its age-old rival in the soft drink segment. In fact the "cola war," which describes mainly the on-going battle between Coca-Cola and Pepsi for supremacy in the soft drink industry, dates back to the 1950s when Pepsi's corporate focus became "Beat Coke" (Yoffie, 2004). Since then, they have battled domestically and globally for market share and sales, with a tremendous amount at stake. Both of them seem to be regularly updating the information about their rival as there seem to be no secrets in the beverage category, with Coca-Cola and Pepsi typically releasing new products in unison. To this end PepsiCo launched a "Pepsi Challenge", a blind test of taste, from 1975 to 1983. In this test Pepsi came out victorious as the preferred taste over Coca-Cola. Therefore it is quite apparent that PepsiCo succeeded in attaining this goal. PepsiCo is ranked 21st amongst Fortune 500 companies in 2005. Profit maximization and earning revenues from its operations happens to be the prime goals of any company. To this end companies try to establish their brands amongst the customers, which forms another goal in itself. In today's market driven economy concept, the art of communication to existing consumers as well as prospective consumers takes a great deal out of the managerial brain storming sessions. Establishing the brand equity goes a long way towards earning good sales revenues and earning the all important brand loyalty. PepsiCo has indeed invested huge amounts in establishing a brand identity. Philanthropy is an important means of establishing the brand identity. PepsiCo has also expressed its commitment towards promoting Healthier Lifestyles (PepsiCo, 2005). It supports programs which help consumers with the "calories out" side of the equation as well. A SMART program from the stable of PepsiCo, aspires for a healthy living for its consumers. Such programs help in generating lot of goodwill for the company, which indeed benefits the company and its business prospects. Though company's stated goal is to support 'more active lifestyles for families and kids' - and get them to "move more" (PepsiCo, 2005). Another important goal that the company has set for itself is to have the reach of PepsiCo's products such that the products are available to consumers whenever and wherever they want it. To this end, the company has ahead with strategic tie up with many internationally renowned brands. Out of the 13 largest food and beverage brands sold in US supermarkets, 7 belong to PepsiCo. Owing to its operation in global market space, PepsiCo has been able to generate three major sustainable advantages which give it a competitive edge over its rivals. These advantages are (PepsiCo, 2005) basically the strong brand identity, Company's proven ability to innovate and create differentiated products, and a powerful 'go-to-market' system. Company has been able to implement the strategies

Relationship Marketing in Lenovo Essay Example | Topics and Well Written Essays - 4000 words

Relationship Marketing in Lenovo - Essay Example This facilitated the organisation to build greater portion of loyal customers in domestic along with international business markets. Relationship marketing is the association prevailing between the sellers and the buyers in the context of marketing any product and/or service. It is also regarded as the trust and belief persisting amid the customers and the employees of an organisation, which eventually grows a long-term relationship between them (Sà ¼phan, 2015). It has been argued that relationship marketing is not only limited between the customers and the employees of an organisation, but also amid every stakeholder of an organisation. Relationship marketing is of extreme value from the perspective of an organisation, as it is long lasting and difficult to be imitated as well as destroyed by the competitors (Angeles & Nath, 2003). Relationship marketing is reckoned to be a Customer Relationship Management (CRM) Strategy, which tends to encourage long lasting and strong connection between a brand and a customer.  This results into generating repetitive sales by collecting relevant information from the potential customers and encouraging word-of-mouth promotion (Brink & Berndt, 2008). On a further note, the other purposes of relationship marketing  are to create repeated sales and most importantly endorsing word-of-mouth promotion among others. In relationship marketing,  buying patterns, customer profile  and history of  contacts  are  maintained  in a  sales  database (Rai, 2012). Moreover, account executives are also recruited in order to fulfil the  needs  and demands of the High Net worth Individual (HNI) clients and maintain effective relationship with them in order to derive maximum profits. Such clients or the executives also have the opportunity to cross sell different products of the organisations (Bidgoli, 2010). Moreover, maintaining

Executive compensation analysis-Is it Excessive Essay

Executive compensation analysis-Is it Excessive - Essay Example ncial Management of the company is one such domain where the management of the company can maximize the value for its shareholders by adopting various practices and policies which can help achieve them their highest goal. However there are also theoretical frameworks i.e. Agency theory which suggest otherwise that the managers and shareholders can conflict with each other when pursuing their individual goals and that the managers can engage into practices where they may take actions which may not help maximizing the shareholders value and rather work in their own benefits. Executive compensation is one such domain where modern executives are largely being criticized for taking high compensations mostly on the pretext that money spent on their compensation could have been utilized for creating value for the shareholders. This essay will look into how the financial management theories and practice can help managers to maximize the value for the shareholders and how it is achieved in practice besides providing a brief outline of how the managers may not, in practice, do things which can help maximize the value for the shareholders. The issue of executive compensation needs to be viewed in the historical context of the way modern businesses developed. The era during 1990s saw a slow and steady increase in the overall median compensation of the CEOs from 1992 to 2000 increased from USD 2.335(m) to USD 6.549(m)- a general increase of 180%1 suggesting the direction of the overall increase in the executive compensation. (Murphy). Similarly, despite the overall decline in the performance of financial sector due to subprime crisis, Goldman Sachs CEO Lloyd Blankfein has been able to gross up a bonus of $70million which is 30% more than what he got in previous year. The research conducted on the executive compensation subtly points towards the fact the executives exercise substantially degree of power over the board besides showing the attitude of grabbing opportunities at

Managers' encouragement of employee voice can lift well-being and Essay - 2

Managers' encouragement of employee voice can lift well-being and productivity. Discuss - Essay Example It has correspondingly been argued that employees should be provided with the opportunity to take part in the decision making process of the organization through supportive ideas, emphasising more on group decision-making systems (Townsend & et. al., 2012). This would result in delivering higher performance in the workplace along with the well-being of the employees and other organizational members, although subjected to various limitations identifiable in terms of time and complexities. In addition, such measures are also criticised to increase chances of team conflicts, owing to which, there has been various limitations in employee participation in organizational decision-making (Townsend & Wilkinson, 2014). However, the essay will critically analyze and provide an argumentative discussion regarding â€Å"Managers’ Encouragement of Employee Voice Can Lift Well-Being and Productivity†. It has often been considered that encouraging employee’s voice or allowing the employees to participate in the decision making process can lead to a high performance working environment and successful implementation of business activities within modern organisations. In support of this notion, Wilkinson & et. al. (2015) argue that various psychosocial aspects of the organisational environment along with physical elements of the employees can be encouraged through such measures ensuring that they are able to align their personal objectives better with the organisational goals. These psychosocial aspects may include job security, workload, stress, workload balance and job satisfaction while the physical elements may include health and safety of the employees. Contextually, employee voice can be either formal or informal depending upon the situation as well as the type of regulations being adopted by the organisation (Markey & Townsend, 2015). Formally, employees

Compare-Contrast Paper on Ancient Egyptian Arts and Ancient Greek Arts Research

Compare-Contrast on Ancient Egyptian Arts and Ancient Greek Arts - Research Paper Example The ancient Egyptians could have been very concerned on how the characters will be portrayed. The carefulness in drawing the characters involved is very notable. Verily, the stiffness nature of the characters portrayed could make a person say that the characters are just representations and not true. One could not entertain the idea that the characters were drawn or painted in an actual setting. Nevertheless, the ancient Egyptian arts are very attractive. Actually, the stiffness character of ancient Egyptian arts is associated to the beliefs and practices of Egypt’s primitive society. In the past, Egyptians gave importance to the exact portrayal of nature and actual life (â€Å"Art†). Exactness was actually viewed by them in terms of being able to draw the identifying features of the subject’s physical appearance. In such case, it is to be expected that in ancient Egyptian arts, the realistic appearance of an object is not given much attention. With regard to anc ient Greek arts, one could notice the realistic portrayal of the objects and characters involved (Hill; Newby, qtd. in Bispham et al. 49). Every detail of the objects and characters are seriously attended. For instance, in ancient Greek painting involving humans, one could see the lively and natural portrayal of human bodies (Pynt and Higgs 56).

Principles of Safeguarding and Protection in Health and Social Care Essay Example for Free

Principles of Safeguarding and Protection in Health and Social Care Essay Principles of safeguarding and protection in health and social. Ai; Physical Abuse is when somebody causes feelings of physical pain, injury other suffering or bodily harm, such as hitting, kicking, scratching, pinching, shaking. Sexual Abuse is where you are forced to do, say and watch sexual things. Eg; being undressed or having sexual contact when you do not want to or even touching another person, being made to say sexual things and being made to watch porn is also sexual abuse. Emotional Abuse is a form of power that someone has over you to cause depression, anxiety, stress. It is bullying someone by calling them names that hurts their feeling or to scare them and even threaten them. Financial Abuse is when another person steals or takes something that belongs to you. Eg; stealing your money, making you buy things you are not willing to, refusing to allow individuals to manage their finances and tricking individuals to hand over their property. Institutional Abuse is not only confined to large scale physical or sexual abuse, individuals can also be abused in many other ways in settngs where they could exoect to be cared for and protected. Eg; Individuals not given choice over decisions (meals, outings, clothing.) Mistreated to their medication. Privacy and dignity also not respected. Self-neglect is when an individual neglects to attend to their basic needs. Eg; personal hygiene, appearance, feeding not bothering to obtain medical help or an unwillingness to see people or go out. Neglect by others is when the victim is being looked after by somebody else but fails to provide adequate care. For example failure to provide sufficient supervision, food or medical care, or the failure to fulfil other needs that the victim is unable to provide for herself or himself. see more:explain the importance of an accessible complaints procedure for reducing the likelihood of abuse. Signs and symptoms of abuse. Physical abuse Aii; Bruising Fractures Burns Fear Depression Weight loss Assault Cowering Flinching Welch marks Malnutrition Untreated medical problems Bed sores Confusion Over sedation Emotional abuse:. Fear Depression Confusion Loss of sleep Change in behaviour Onset of phobias No communication Sexual Abuse: Loss of sleep Diseases Repeated urinary infections Bruising Soreness around the genitals Torn, stained bloody underwear or bed sheets Preoccupation with anything sexual Excessive washing Reluctance to be alone with an unknown individual Financial Abuse: Unexplained loss of fundsor withdrawels from bank accounts Inability to pay bills Change in lifestyle/standard of living Basic needs not being met Loss of property Unnecessary building work or repairs to property Not trusting anyone around them Self-neglect: Poor hygiene (smell of urine faeces) Dehydration Weight loss Abnormal body temp Inappropriate clothing Not taking medication Infections Illnesses Institutional abuse: No flexibility at bed time Waking up to a routine Dirty beds and clothing Missing clothing, possessions, documents and letters Excessive or lack of medication Lack of consideration of dietary requirement’s Aiii; If you was to suspect an individual was being abused you should report your concerns to the manager. Also ask to write a private account for your records, making sure it doesnt go in the care plan in case the abuser comes across it. Aiv; If a client was to tell you they are being abused, you should stop what youre doing and listen carefully to them. All conversations should be treated with confidence and information only passed on to those who need to know. Even if the person speaks in the strictest of confidence, line managers must still be informed and the discussion must be written down. Never agree with the client that you wont tell anyone else. Say that youll only tell someone who can do something about it. Av; Make a written record of messages (e.g answer phones) to ensure they are not lost. Include the date and time and sign them. Ensure written records  (notes, letters, bank statements,medication records etc) are kept in a safe place. Do not tidy up, wash clothes, bedding or any other items. Do not try to clear or tidy things up Try not to touch anything un;ess you have to for the immediate wellbeing of the victim- if you have to try make a record of what you have done. If any sexual offence is suspected try to discourage the vicim from washing, drinking, cleaning their teeth or going to the toulet until the police are present. Preserve anything used to warm or comfort the victim (E.g: a blanket). If you can try to ensure that the alleged perpetrator does not have any contact with the victim. Record any physical signs or injuries using a body map or hand drawing write a description of any physical signs or injuries including size, shape colour etc. Always remember to sign and date your notes and any other records you have made. Avi, Avii: No secrets- set out a code of practice of how commissioners and providers of care services should protect vulnerable adults. Criminal records bureau- DBS will filter certain old and minor cautions and convictions, reprimands and warnings from criminal records certificates. DBS- Disclosure and barring service. In safe hands(wales only)- sets out roles and responsibilities of CCIW in relation to other statutory bodies including local authorities who have the lead role in coordinating the development of local policies and procedures in adult protection. Office of the public guardian -agency with responsibilities then extend across England and wales. If supports the public quardian in the registration of enduring powers of attorney and lasting powers of attorney and the supervision of debuties appointed by the court of protection. The code of practice- sets out the criteria against which a registered providers compliance with the requirements relating to cleanliness and infection control will be assessed by the care quality commission. It also provides guidance on how the provider can interpret and meet the registration requirement and comply with the law. Local Partnership boards- committed to preventing the abuse of adults and responding promptly when abuse is suspected. Safeguarding adults means that local authorities, police and NHS agencies involved with adults who might be at risk of abuse have a duty of care to ensure that procedures  are in place, that encourage reporting of suspected abuse, and take action to stop the abuse. Care Quality Organisations (CQC)- registered over 18,000 care homes and publish all inspection reports, which check on the essential standards of quality and safety. Aviii: Social worker- Protect and support vulnerable people, and place them in a safe environment away from risk of danger. A risk assessment is used to decide what help is needed and the correct actions to take. They also investigate any reports. Police- Protect the community, investigate allegations of abuse, prepare court cases and make case reports. Informal agencies or third sector agencies- Research and raise awareness, campains, charities. Offer support (counselling services) Health care practitioners- Perform examinations and report finding relevant authorities . Serious case review chair person- Review serious investigations and/or failures that have previously been investigated and look at what changed need to be made. Aix: Many local Authorities run free, multi-agency, safeguarding courses for anyone who works with vulnerable children and adults, and so should any decent employer in this field. Ask your workplace training department about this. You can also find more information through their local safeguarding team in the Social Services Department or the Independent Safeguarding Authority. Direct.gov Cqc.org.uk Lancashire county council.

Dracula By Bram Stoker English Literature Essay

Dracula By Bram Stoker English Literature Essay Very famous for introducing Count Dracula and the novel tell the story of Count Dracula a vampire that have been seeking his dead love for hundred years but he finally found it In a young woman named Mina Murray that live in London that takes him to seek her but at the same time a group of men and the famous Van Helsing want to kill count Dracula they unleashes a battle between Dracula and Van helsing Dracula has been assigned to many literary genres including vampire literature, horror fiction, the gothic novel and invasion literature. Characters Details: Primary Characters- Count Dracula: A centuries-old vampire and Transylvanian nobleman, Count Dracula inhabits a crumbling castle in the Carpathian Mountains. He can assume the form of an animal, control the weather, and he is stronger than twenty men. His powers are limited, however for instance, he cannot enter a victims home unless invited, cannot cross water unless carried, and is rendered powerless by daylight. Abraham Van Helsing: A Dutch professor, his pupil is Dr. Seward. Called upon to cure the ailing Lucy Westenra, Van Helsings contributions are essential in the fight against Dracula. Unlike his comrades, Van Helsing is not blinded by the limitations of Western medicine: he knows that he faces a force that cannot be treated with traditional science and reason. Knowledgeable about vampire folklore, Van Helsing becomes Draculas chief antagonist and the leader of the group that hunts Dracula down and destroys him. Jonathan Harker A lawyer, whose firm sends him to Transylvania to conclude a real estate transaction with Dracula. Harker quickly finds himself a prisoner in the castle and barely escapes with his life. He demonstrates a fierce curiosity to discover the true nature of his captor and a strong will to escape. He help Van Helsing defeating Dracula Mina Murray: Jonathan Harkers fiancà ©e. Mina is a practical young beautiful woman who works as a schoolmistress. Eventually victimized by Dracula herself and the best friend of the Lucy Westenra who is the first victim of Dracula Lucy Westenra: Beautiful young woman, every man who meets her wants to marry her or save her life, or both. Lucy chooses Arthur to be his wife, but is Draculas first victim and she became in a vampire that eats the blood of the children but later she is killed by Van Helsing group in her tomb. John Seward: A talented young doctor he is Van Helsings pupil. Seward is the administrator of an insane asylum not far from Draculas English home and the first to see Lucy Westenra after she was injured by Dracula. Sewer notes are better than the other because I took the story through the eyes of Seward Arthur Holmwood: The one that Lucy choose to marry with, he is a sensitive man an is in the moment when they have to kill Lucy in her tomb he also lose his family in a short period he also finances the vampire hunt and lets everyone use his title to gain access to information about Dracula. Quincey P. Morris: Quincey is from Texas. He is an old friend of Arthur Holmwoods and John Sewards. He also wants to be helpful whenever he can. It is his seeming lack of importance that shows his personality Quincey ultimately sacrifices his life in order to rid the world of Draculas influence. Second Characters- Renfield: An inmate in Dr. Sewards insane asylum. He is seduced by Dracula, who he hails as his Master. When he is at his best, he is polite and intelligent and he tries to do the right thing. When he is at his worst, he eats insects for their souls and is completely vulnerable to Draculas will. It is he who allows the Count into Sewards home he is some kind of servant to Dracula Peter Hawkins: Jonathans boss and mentor. He is very generous and has great faith in Jonathan, both as a solicitor and as a person. Plot This story begins with the journal of a man named Jonathan Harker who has travelled to Transylvania to give some documents about the new property in London to count Dracula, when Jonathan arrives to the castle and meet count Dracula he describes Dracula like a pale thin old man and finds strange the castle of count Dracula and have bad feelings about it, then he start to feel dark presence and hearing noises , when he tried to escape from the castle Count Dracula trap him on the castle with other three women vampires, Dracula prepared a ship to go to London . Jonathan has a fiancà ©e, her name is Mina Murray who is waiting for the return of Jonathan, meanwhile she went to the wedding of her friend Lucy Westenra and Arthur Holmwood ,next in the night Mina see that Lucy was in the courtyard and she was attacked by a dark form of monster but when she went to help Lucy she only find her injured and nothing more, then her husband Arthur called the doctor John Seward who Is the one that g ive the treatment to Lucy that consist of giving her a lot of blood transfusions but is seems to have any good results so Seward decides to call his mentor Van Helsing who come from Amsterdam, when he arrives he checked Lucy and he tell them that Lucy cannot be saved them she die. Jonathan has escaped an returned to London thinking about nothing happened in that castle was real when suddenly his boss Peter Hawkins died and leave a great fortune to Jonathan , then he marries Mina. One day Jonathan see Dracula but he cant remember because Dracula has recovered his youth because the blood of his victims then Jonathan went unconscious and that allow mina to read his journal and know what happenen in the castle. Soon there is a rumor of a monster in London that sucks blood from people ,that take Van Helsing to gather Mina, Jonathan, Arthur, Quincey, Seward and to seek Lucys tomb and watch how Lucy wake up in vampire form and they killed her by cutting off her head , Van helsing prepare Mina, Jonathan, Arthur, Quincey and Seward to kill Dracula, but in the search Van helsing realized that Mina was on danger so Helsing and sewer went into Minas room and found Jonathan unconscious and mina in the arms of Dracula drinking blood from him, next Dracula disappear. When th ey think that all is lost Van Helsing tell them that if they kill Dracula after the next day Mina would return back to normal then they use Mina to led them to Draculas place and when they arrive to Transylvania they found the box that have the body of the count but it was protected by some gypsies but they won the battle an kill count Dracula and that make Mina back to normal but Sewer got bad injured and sadly he die, but at least Mina and Jonathan live happily thats the end of the novel Personal Evaluation and conclusion- Book strengths: in this book is written like in journals and letters , and give the point of view of almost all the characters that helps to get in their thoughts and to near feel as they feel in the novel, I liked that so much because this novel dont have only one narration Book Weakness: It can be very heavy for some people because it is divided in journals and different points of view so it can be hard for some people to relate and to follow the story but it has its benefits Sources: Dracula by Bram stoker book in Pdf Wikipedia- http://en.wikipedia.org/wiki/Dracula Horror novels review- http://usersites.horrorfind.com/home/horror/dracula/bookreviews/bramstokersdracula.html Dracula Characters- http://www.bookrags.com/notes/dra/CHR.html

The Department Of Social Work Social Work Essay

The Department Of Social Work Social Work Essay The needs of older people are rarely considered outside of their age-related ailments. Community services remain geared towards the younger generation more specifically children and young people, while older peoples needs tend to be looked at peripherally. A question that springs to mind is how risk is assessed in an older person with mental health issues. A starting point could be to look at a definition of risk. Risk can be defined as the possibility of beneficial and harmful outcomes and the likelihood of their occurrence in a stated timescale (Alberg et al in Titternon, 2005). Risk is also a common feature in assessment frameworks by agencies and policies in social care and health. Hence the need to attach significance to risk issues in several public inquiries. However, these seem to be primarily related to child death inquiries where risk assessment and risk management are seen as the ongoing needed requirements to improve best practice. Most available research studies of risk and older people seem to focus on falls and other everyday risks they might encounter when seeking to return home after a hospital admission. Langan Lindlaw (2004) comment that mental health service users have become increasingly defined in terms of risk and dangerousness, despite consistent research evidence that their contribution to violence in society is minimal. They further stipulate that continued focus upon risk means that there is a danger that people so defined will be excluded from decision-making about their lives. This could be related to theory and research evidence that suggests that although older people with mental health needs are at increased risk of admission to long-term care, staff tend not to be well informed about their mental health needs (Nicholls, 2006). This could be related with mental health issues coexisting with other medical conditions in later life, leading to this client group being commonly treated in mainstream settings rather than mental health related institutions. In regards to legislation and policy that incorporates risk assessment, we have the NHS and Community Care Act (1990) which spells out the duty to assess those in need of community care services. More specifically to risk related interventions, these should be the least restrictive and clients ought to be encouraged to use their own resources or develop new ones as per Mental Health Act (1983), Mental Capacity Act (2005) and Safeguarding Adults. Moreover in context of the National Service Framework for Older People (2001) person-centred care is key, where the aim is for older people to be treated as individuals and receive appropriate and timely packages of care which meets their needs as individuals, regardless of health and social services boundaries (DH, 2001). The No Secrets guidance (2000) encourages services users to have greater control of their lives by being given the opportunity to take and manage risks. There is also the Risk and Choice Framework (2007) which provides guid ance on risk assessment and tools. However, current policy and legislation seems to hold long-held ageist assumptions about capacity and capability. For instance, the NSF for Older People (2001) and Essence of Care (2003) require service providers to ensure that care for this client group is fully integrated and holistic in nature. Hence the intended use of the FACS (Fair Access to Care Services) criteria to ensure equality. Yet, these eligibility criteria can prevent an important focus on an older persons biography in terms of the strengths and abilities they gained over their transitional experiences. In this instance, policy relating to risk assessment needs to consider the impact of age and life course stage. Moreover, has concluded by McDonald (2010) legislation alone will not change the way in which professionals respond to older people and further analysis is needed in regards to the factors that influence decision making in the context of risk. Through our lifespan risk can be perceived as beneficial and part of everyday life as it enables learning and understanding. However, one cannot dismiss the negative consequences of risk and subsequently the need for it to, at times be monitored and restricted. Thus risk assessment becomes a significant element of many frameworks. Risk assessment has been defined as the process of estimating and evaluating risk, understood as the possibility of beneficial and harmful outcomes and the likelihood of their occurrence in a stated timescale (Titterton, 2005: 83). In that context, such process should look at a situation or decision, identify the risk and qualify/rate it in terms of likelihood, harmfulness or even low, medium or high risk. Thus, a risk assessment will only identify the probability of harm a risk may have to the related client and others. Subsequently, intervention strategies should aim at reducing harm. Irrespective of this a risk assessment cannot prevent risk (Hope and Sparks, 2000) and most models of risk assessment recognise that it is not possible to eliminate risk, despite the pressure on public authorities to adopt defensive risk management (Power, 2004). This defensive risk management is perhaps in response to some of the high profile cases dominated in the media over the recent years, which has directed the focus of community care policy to minimise risk. Also the government current emphasis on risk when it comes to mental health related incidents/cases conveys a highly misleading message to the public which in turns seems to contribute to the defensive nature found in the professionals that carry assessment and are meant to support this client group. As commented in the Health Select Committee (2000) the current blame culture risks driving away much needed staff from mental health services. The parallel concern becomes what are acceptable risks and how these might conflict with the agenda of person-centred assessments and user empowerment. As put in Carr (2011) defensive risk management or risk-aversive practice may result in service users not being adequately supported to make choices and take control, hence being put at risk. Risk assessment is not only about negative labelling with adverse consequences. It has the value of promoting safety and, where necessary, identify appropriate intervention and support for service users. The methods most used in assessing risk in social work are: actuarial and clinical methods. Adams, Dominelli and Payne (2009) state that the actuarial method involves statistical calculations of probability where an individuals behaviour is predicted on the basis of known behaviour of other in similar circumstances; clinical assessment employs diagnostic techniques relating to personality factors and situational factors relevant to the risk behaviour and the interaction between the two. This latter is the more familiar method in social work practice. Both methods have limitations in terms of generalising behaviour (actuarial method) and risk assessment being a subjective process (clinical methods), i.e. influenced by assessors background, values and beliefs. As such, it is central fo r professionals to be aware of the limitations of risk assessment tools. Thus far, risk and its assessment seem to vary which reinforces the need for partnership and collaborative working as a way forward in integrating health and social care to provide a person centred support to mental health service users. Alaszewski and Alaszewski (2002) found that users, families and professionals had differing views about risk and safety. Nicholls (2006) refers to the Green Paper on Independence, Well-Being and Choice, which found that service users believe that professionals are too concerned about risk, and that this gets in the way of enabling service users to do what they want to do. In relation to older people, the Single Assessment Process stipulates the need for a coordinated approach by which health and social care organisations work together to ensure person-centred, effective and coordinated care planning (Nicholls, 2006). This entails sharing information, trusting one anothers judgement, reducing duplication, and together ensuring that the range and complexity of an older persons needs are properly identified and addressed in accordance with their wishes and preferences. Such collaborative working between professionals and service users can address potential conflict, evaluate strengths, needs and risk where the effectiveness of intervention is likely to be improved and the outcomes for service users more positive (Adams, Dominelli and Payne, 2009). The implications for social work practice is that the needs for service users with mental health issues frequently cross organisational and professional boundaries. For example, professionals working with older people with mental health issues are more than likely to work alongside a range of practitioners from different health and social care disciplines and organisations. Thus, one needs to consider how organisational cultures may impact or influence on how risk is perceived as subsequently assess. As put by Neil et al (2009, p.18) risk decision making is often complicated by the fact that the person or group taking the decision in not always the person or group affected by the risk. Waterson (1999) further suggests that professionals and users tend to disagree on the levels of risk, not least because risk is subjective and can apply to environments as well as to people. Alaszewski and Manthorpe (1998) equally argue that risk is perceived differently by different professionals and allocating blame is one of the main concerns of public enquiries into failures of community care interventions. As current society develops into a culture of blame and risk-aversion, there is an emphasis on the need to minimise uncertainty about risks and attribute individual culpability. As put by Parton (1998) blaming society is now more concerned with risk avoidance and defensive practice than with professional expertise and welfare development. This defensive form of social work in risk assessment put at risk effective and open collaborative and partnership working. Todays dominance of individual accountability (or culpability) might make social work lose sight of their traditional values where service users are meant to be empowered to make informed decisions about the risks they are prepared to take and the support they feel they might need. As stated in Carr (2011) practitioners are less able to engage with individuals to identify safeguarding issues and enable positive risk tasking. As a result issues of discrimination, inequality and anti-oppressive practice start emerging with a clie nt group that is already vulnerable. Both stigma and discrimination against older people is further accentuated by a diagnosis of mental health. It is reported that older people with mental health needs are at greater risk of abuse than other groups of older people (Nicholls, 2006). In regards to risk assessment, literature stresses the need for mental health service users to be included in that process, to have choice and opportunities to take risks towards maintaining their independence and self-determination, as put by Lawson (1996: 55) risk taking is choosing whether or not to act to achieve beneficial results in an awareness of potential harms. As mentioned before risk taking is part of life, but too often for older people the presence of an element of risk results in the prescription of care solutions or admission to residential care which may not be the older peoples own wishes. For example, in placement experience when older clients were admitted to hospital the local authority primary goal was to ensure clients remained at home for as long as possible however the package of care was delivered in accordance with the local authoritys interpretation of these clients needs such as dictating bedtime routines and dismissing the need for social interaction. In this instance, the risk assessment tended to focus on the workers interpretation of perceived need. This could relate to the findings of Langan Lindlaw (2004) study where service user involvement in risk assessment was variable and depended upon individual professional initiative. The concern here is that being overpreoccupied with risk can be to the detriment of assess ing needs suggesting a primary concern with organisational procedures and resource-allocation over service users wellbeing. As put by Munro (2002) social work should be much more than minimising risk, it should be about maximising welfare. Carr (2011) further suggests that this also impacts of practitioners ability to engage with service user to enable positive risk-taking, leaving clients unsupported in taking control. Discrimination may also occur has a result of the level of risk attributed to a service user. Whereby over-estimation can lead to unwarranted labels and under-estimation lead to inappropriate service provision and/or risk to others (Langan Lindlaw, 2004). Inflexible labelling is both unhelpful and often stigmatising. As found in research, people with mental health problems are a far greater risk to themselves than they are to the general population and while there are instances where intervention is required this should not be done in a way that pigeonholes this client group as if the category of dangerousness (Tew, 2011) is solely related to mental heath issues. In an attempt to answer the initial question, of how risk is assessed in an older person with mental health issues, risk assessment of older people with mental health issues is more likely to take place in crisis situations. Hence interventions might be more reactive rather than proactive, where professionals focuses on weaknesses and inabilities rather than strengths and abilities. Professionals may play safe by minimising risk at the expense of user empowerment. To better understand how risk, strengths and difficulties are assessed in regards to risk assessment in older people with mental health needs (and other mental health service users) we need to put it in the context of current political and social perception. The latter being significant given that research into causes and effects of mental health in older people are limited, also there is limited research on how mental health service users manage risk. Therefore, it is essential that risk assessment moves from a one-size fit all approach or a sort of tick-box exercise to being an inclusive process where the individual involved brings expert knowledge that needs to be incorporated into the assessment of risk. As found in Langan and Lindlaw (2004) few service users were fully involved in risk assessment. Similarly, Stalker (2003) makes reference to the omission from research of services users who are perceived to be at risk or a risk. Littlechild Hawley (2010) suggest that little is k nown about how social workers actually assess risk and that judgements made by individual professionals can vary when using the same risk assessment tools. Petch (2001) adds that overemphasising the importance of accurate risk assessment may lead to misleading conclusions about the level of risk posed by someone and as such expose this group to unnecessary restrictions. From some of the literature review and research available risk can be viewed as a social construction, perception of risk differs between professionals (and service users) and society has its own normative views on risk and its overtly concerned with the consequences of risk behaviour in relation to mental health. Moreover, the role of the media in shaping and, one could argue, amplifying some of these concerns must also be acknowledged. Nonetheless, this does not make risk inexistent. The key seems to be for the needs and risk of mental health service users to be assessed from a holistic approach, avoiding judgements, placing the service user at the centre and valuing their perspective as a contributing expert while at the same time recognise that risk is contextual as well as its fluid, i.e. risk can change. Risk assessments need to be comprehensive and build on a bigger picture of the service user by drawing on their strengths and aspirations. Tew (2011) reiterated that the dominant discourse around risk tends to pathologise service users where social and environmental context is not considered. Also that this leads to a paternalistic practice where service users needs are provided for without considering their rights. The concept of risk is complex, making its assessment challenging. This is reflected in the different ideas and approaches to risk assessment as well as the inkling that we are moving to a risk dominated society. As a result, the attitudes and behaviours of such society are weighed in policy and practice in relation to service users with mental health issues whereby isolated incidents involving people with mental health issues become exaggerated to generate perceptions that such client group are inherently dangerous and need to be controlled and confided (Gould 2010). Undisputedly, it is a major challenge to get the right balance when making difficult risk decisions. On the other hand, risk assessments are needed to improve the validity and reliability of decision making particularly where there may be concerns about an individuals capacity to make informed judgements. However, risk can never be eliminated altogether, and occasionally decisions will be made in good faith, on the best evidence available. As proposed by Stalker (2003) more studies are needed to address the complex nature of risk as well as positive-risk taking in regards to service users with mental health needs. This in addition to the need for research to include services users perspectives as well as other variables such as race and gender. In regards to older people, if as a social group they tend to be institutionally marginalised then it might be equally easy to negate the views of people with mental health problems who equally challenge societys assumptions of capability in regards to managing risk. Risk assessment is central to social work practice; however it must not depersonalise the service user and merely identify them through a compilation of risk variables. Additionally the discourse around risk assessment needs to move from a concern about risk adversity to a probability of negative and positive risks. Equally antagonistic is the use of the term dangerousness to define vulnerable service users. Such language can impact on collaborative and partnership work between professionals and service users. Moreover, as put in Tew (2011) the ongoing rituals of risk assessment may impact further on service users sense of self and undermine their capability to manage risky situations. Also, as stated in Petch (2001) the re will always be people in the community who pose risk, whether or not they suffer from mental health, and singling out or blaming a particular group of professionals will not change this. Thus, a risk assessment is made on a balance of probabilities rather than exact conclusions. While striving for uniformity within risk assessment is a move towards equity, flexibility is also important given the subjective contexts of risk and mental health needs. Peoples lives involve many changing and interrelated variables which will always create some difficulty in balancing risk assessment. In the end, life cannot be without risk and risk-taking is part of the process that makes us who we are, complex beings.