Arbitration in the Philippines free essay sample

The alternative means for dispute resolution that these laws offer tip the scales with major strengths such as cost efficiency, impartiality and technical expertise of engaging arbitrators of your own choice, speed and flexibility in adaptation of laws and procedures, and confidentiality of extrajudicial hearings and awards, as mentioned in Parlade (2005). This paper explores the potential of ADR, focusing on the pitfalls of litigation in the Philippines and the burgeoning advantages arbitration provides. Keywords: arbitration, alternative dispute resolution Definition of Terms For the purposes of this paper, and as defined in the Philippine Alternative Dispute Resolution Act of 2004, the term: A. â€Å"Alternative Dispute Resolution (ADR)† means a process or procedure employed to settle a dispute extra-judicially. Instead of being adjudicated by a presiding judge, a neutral third party is employed to assist in resolving the issues in question through arbitration, mediation, conciliation, early neutral evaluation, mini-trial, or any combination thereof; B. We will write a custom essay sample on Arbitration in the Philippines or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Arbitration† means that a dispute is voluntarily submitted for resolution where one or more arbitrators, duly appointed and agreed upon by the parties beforehand, resolve a dispute by rendering an award; C. â€Å"Arbitrator† means appointed person or persons in a dispute who sits to resolve the issue by rendering an award. The arbitrator is a neutral third party especially chosen to perform such task; D. â€Å"Award† means any partial or final decision rendered by an arbitrator that resolves the issue in a dispute; E. â€Å"International Party† shall mean a juridical person or entity whose place of business is outside the Philippines. A domestic subsidiary of such or a co-venturer which holds office in the Philippines shall not be included. A foreign arbitrator shall mean a person who is not a Filipino national; F. â€Å"Litigation† means legal action brought between two private parties in a court of law; G. â€Å"Model Law† means the International Commercial Arbitration Model Law which was implemented on 21 June 1985 by the United Nations Commission on International Trade (UNCITRAL); H. â€Å"New York Convention† means the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards in 1958 which was ratified under Senate Resolution No. 1 by the Philippine Senate; I. â€Å"Proceeding† means such processes of judicial, administrative, or other adjudicative means which include pre-hearing or post-hearing motions, conferences and discovery; J. â€Å"Record† means an information written in a way that can be reproduced or is kept electronically or in such s imilar medium, which can be retrieved and used. Historical Evolution Domestic Arbitration The Spanish had brought with them their arbitration laws which were sophisticated enough to warrant its inclusion in the old Spanish Law of Civil Procedure, the Ley Enjuicinamente de Civil (Lim, 2001). Unfortunately, this was repealed at the turn of the century. Applying common law, the Philippine Supreme Court in 1921 noted in Chan Linte v. Law Union and Rock Insurance Co. , et al. (1921) that: [t]he settlement of controversies by arbitration is an ancient practice at common law. In its broad sense, it is a substitution, by consent of the parties, of another tribunal for the tribunals provided by the ordinary processes of law. †¦ Its object is the final disposition, in a speedy and inexpensive way, of the matters involved, so that they may not become the subject of future litigation between the parties. However, this attitude was scarce as courts jealously guarded their jurisdiction and parties skirted arbitration due to doubts on the enforceability of arbitration resolutions (Laygo, 2010). The New Civil Code was passed in 1949. Three new provisions were added by Congress, the most important of which was, to wit, Article 2043 which stated that any stipulation that the arbitrators’ award or decision shall be final, is valid, without prejudice to Articles 2038, 2039, and 2040 of the same code (Ibid. ). This had breathed new life into arbitration as involved parties now have basis for claims that awards rendered during arbitration were final and binding, though, not in the sense that they were beyond judicial review but, in that, reasons for such review would now be limited (Ibid. ). The Supreme Court never had the chance to promulgate the rules of procedure in the 1949 Civil Code (Ibid. ). Republic Act No. 876, otherwise known as the Philippine Arbitration Law of 1953, provided for a structured and definite statutory framework for arbitration in the Philippines. This was a very important piece of legislation enacted by Congress as it would govern arbitration in the Philippines for the next fifty years, despite the fact that it made no reference to whether it was purely domestic or if it would recognize foreign awards. Fifty-odd years after the enactment of the Philippine Arbitration Law in 1953, Republic Act No. 9285 or the Alternative Dispute Resolution Act of 2004, was passed by Congress. This was the Philippines’ move to address the untenable questions arising from the mid-century arbitration law which, with the surge of globalization, the Philippines had outmoded. The Philippines had no laws which covered proceedings of international arbitration before the enactment of Republic Act No. 9285 (Lazatin Prodigalidad, 2006). Prior to this, when issues had to be settled with regard to international contracts, Philippines parties are often mandated by contracts to settle disputes in the foreign country under the rules of the foreign arbitral institutions (Ibid. ). Worse, no domestic legislation had been passed providing a specific procedure for the enforcement of foreign arbitral awards. Thus, there have been instances in which international arbitral awards have been treated by Philippine courts as akin to foreign judgments for lack of specific invocation of the New York Convention (Ibid. ). As a consequence, foreign arbitral awards have sometimes been deemed only presumptively valid, rather than conclusively valid (â€Å"Each contracting state shall recognize arbitral awards as binding†¦Ã¢â‚¬ ), as required by Article III of the New York Convention. Under Republic Act No. 9285, Section 2, the Philippines unequivocally declared that it is its policy â€Å"to actively promote party autonomy in the resolution of disputes or the freedom of the parties to make their own arrangements to resolve their disputes† and â€Å"encourage and actively promote the use of Alternative Dispute Resolution (ADR) as an important means to achieve speedy and impartial justice and de-clog court dockets. † International Developments Shortly after the first half of the 20th century, as the Philippines already had existing arbitration laws governing domestic disputes, a welcome and reinforcing international development was the New York Convention. The Philippines acceded to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (â€Å"New York Convention†) in 1967. The New York Convention is a landmark international instrument (Lazatin Prodigalidad, 2006). Parties to the New York Convention recognize the validity and binding effect of foreign arbitral awards as stated in Article III of the New York Convention. In addition, the New York Convention seeks to put international arbitration on equal footing with domestic arbitration by providing that the parties to the convention should not impose more onerous conditions on the enforcement of foreign arbitral awards than on the enforcement of domestic awards. To date, there are 142 signatories to the New York Convention (UNCITRAL, 1985); a testament to the near universal recognition of the validity and binding nature of foreign arbitral awards. On June 21, 1985, a Model Law on International Arbitration was adopted, and governed, by the United Nations Commission in International Trade (UNCITRAL). The law was designed to serve as basis for States to reform and modernize their own laws on arbitral procedure, taking account the salient features and addressing the needs of international commercial arbitration. The Model Law is comprehensive in that it covers all stages of the arbitral process from the arbitration agreement, the composition and jurisdiction of the arbitral tribunal and the extent of court intervention through to the recognition and enforcement of the arbitral award (Laygo, 2010). The Model Law has obtained consensus in the international community having been accepted and used as basis by States of different legal and economic systems of the world (Ibid. ). Arbitration is an alternative to, or a substitute for, traditional litigation in court, as observed in PHIVIDEC v. Hon. Alejandro M. Velez (1991). With the preceding laws forming the foundation of sound arbitral guidelines, the Philippines can now freely adapt and implement such. Republic Act No. 9285 is now the primary statute used in domestic arbitration. It is used in conjunction with Republic Act No. 876 and Articles 8, 10, 11, 12, 13, 14, 18 and 19 of the Model Law, which was especially designed to provide for domestic instances. Republic Act No. 9285 is also the current ruling statute for international commercial arbitration. Secondary statues to supplement the primary law include Articles 2028 to 2046 of the Civil Code of the Philippines, the New York Convention and the Model Law, and Supreme Court decisions forming the jurisprudence that applies or interprets these laws. Legal Processes: Litigation v. Arbitration in the Philippine Context Litigation As defined in the Alternative Dispute Resolution Act of 2004, litigation means legal action brought between two private parties in a court of law. There are four levels of organization with regard to the regular Courts. The first consists of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts (SyCip Salazar Hernandez Gatmaitan, n. d. ). These are trial Courts that decide only particular types or classes of cases. The second level consists of Regional Trial Courts, which are trial Courts, but also have general jurisdiction over cases not within the jurisdiction of Courts of the first level or any other tribunal, and particular classes of cases (Ibid. ). The third level is Court of Appeals which reviews cases from the Regional Trial Courts and quasi-judicial agencies (Ibid. ). At the highest level is the Supreme Court, which exercises appellate and review jurisdiction over cases decided by the Court of Appeals or Regional Trial Courts (Bernas, 1996). As a rule, only questions of law may be raised before the Supreme Court (Ibid. . The Philippine Court System provides for no juries. As arbiters, Courts have judges who are neutral and impartial who rule on questions of fact and law. Past judicial decisions of the Supreme Court are authoritative and precedent-setting, while those of the lower Courts and the Court of Appeals are merely persuasive (Ibid. ). A civil action is commenced by filing an or iginal complaint in Court (SyCip Salazar Hernandez Gatmaitan, n. d. ). A summons and a copy or copies of the complaint are then served on the defendant or defendants in accordance with the Rules of Court (ROC) (Ibid. . Then an exchange of pleadings between petitioner and respondent commences and issues to be tried are identified (Ibid. ). The petitioner is obliged to set the case for pre-trial after the last pleading has been filed (Ibid. ). This is usually the time that the possibility of an amicable settlement is considered and expedient ways of resolving the matter are explored (Ibid. ). If this is unsuccessful, it proceeds to trial. Once the trial ends, closing written memoranda may be submitted by the parties and the case is then deferred for the judge’s ruling (Ibid. ). Recent data from the Supreme Court Annual Report of 2005 shows that, for the period January to November 2005, the cases filed continue to outnumber the cases resolved at the Regional Trial Court (RTC), Metropolitan Trial Court (MeTC), Municipal Trial Court in Cities (MTCC), Municipal Trial Court (MTC), Municipal Circuit Trial Court (MCTC) levels. As of 30 November 2005, the total number of pending cases was 785,670, with the trial courts bearing the brunt of the caseload as follows: RTC 349,085; MeTC 144,408; MTCC 115,391; MTC 85,452; MCTC 65,692 (Ibid. ). Clearly, the caseloads remain formidable and unwieldy insofar as the trial courts are concerned. Not surprisingly, the data likewise shows that the problem of the shortage in judges has persisted through the years. Calculations based on the data have shown that the vacancy rate has hovered at around 30% on average. This shortage in judges is largely due to the relatively low pay of judges. Based on Supreme Court figures of January 2005, an RTC judge receives P44,416. 33 monthly in salary and allowances. An MeTC judge receives slightly less. MCTC and MTC judges receive P36,501 monthly in salary and allowances. The obvious solution to the problem is to increase the number of judges. However, this is easier said than done. The salaries of the judges are not determined by market forces but are subject to budget constraints and the priorities of our lawmakers (Bernas, 1996). The result is that our courts have not been able to function efficiently. While there is no ready data on the average number of years that it takes the courts to resolve disputes, anecdotal evidence shows that it usually takes 3-5 years for a case to be resolved at the trial court level, and another 2-4 years for a case to be resolved on appeal. Under the circumstances, the need to promote arbitration becomes pressing. Arbitration directly benefits the parties and indirectly benefits the courts since it diverts cases away from them and into the hands of arbitrators with much lesser caseloads. This indirect benefit has been recognized both by Congress (Section 2 of R. A. No. 9285 states that: The State shall encourage and actively promote the use of Alternative Dispute Resolution (ADR) as an important means to achieve speedy and impartial justice and de-clog court dockets) and the Supreme Court through its acknowledgment, in Charles Bernard H. Reyes v. Antonio Yulo Balde II, that it is the â€Å"wave of the future. † Arbitration Arbitration means that a dispute is voluntarily submitted for resolution where one or more arbitrators, duly appointed and agreed upon by the parties beforehand, resolve a dispute by rendering an award (ADR Act, 2004). Domestic and international commercial arbitration is governed primarily by the ADR Act of 2004, supplemented by the Arbitration Law of 1953, the Civil Code, the New York Convention and the Model Law framework. In the Philippines, arbitration of construction disputes continues to be governed primarily by the Construction Industry Arbitration Law (SyCip Salazar Hernandez Gatmaitan, n. d. ). The Construction Industry Arbitration Commission has original and exclusive jurisdiction over disputes arising from, or connected with, contracts entered into by parties involved in construction in the Philippines (Ibid. ). The Philippine Dispute Resolution Center, Inc. , and the arbitration arm of the Philippine Chamber of Commerce, provide commercial arbitration services (Ibid. ). Under the ADR Act, a party may be represented by any person of their choice in international commercial arbitrations and domestic arbitrations in the Philippines. Under the same Act, only those admitted to the Integrated Bar of the Philippines may appear as counsel in any Philippine Court, or any other quasi-judicial body, whether or not such appearance is in relation to an arbitration in which they appear. In domestic arbitration, an agreement to arbitrate a current or future controversy between the parties must be in writing and subscribed by the party sought to be charged, or by their lawful agent (SyCip Salazar Hernandez Gatmaitan, n. . ). For international commercial arbitration, an arbitration agreement may be an arbitration clause in a contract or a separate agreement (Ibid. ). It must be in writing; in a document signed by the parties or in an exchange of letters, telex, telegrams or other means of telecommunication which provide a record of the agreement. It may also be in an exchange of statements of claim and defense in which the existence of an agreement is alleged by one party and not denied by the other (Ibid. ). Subject to the provisions of the ADR Act, the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings. If the parties fail to agree, the arbitral tribunal may generally conduct the arbitration, including determining the admissibility, relevance, materiality and weight of any evidence, in such manner as it considers appropriate (Ibid. ). In domestic arbitration, with reference to the ADR Act, arbitrators are mandated to set a time and place for the hearing of the matters submitted to them, and must cause notice to be given to each of the parties within a specified period. Before hearing any testimony, arbitrators must be sworn, by any officer authorized by law to administer an oath, faithfully and fairly to hear and examine the matters in controversy and to make a just award according to the best of their ability and understanding. Witnesses must also take an oath before the arbitrator. Arbitrators are required to attend every hearing in that matter and hear all allegations and proofs of the parties. Arbitrators shall receive as exhibits in evidence any document that the parties may wish to submit. At the close of the hearings, the arbitrators shall specifically inquire from all parties whether they have any further proof or witnesses to present. In international commercial arbitration, the arbitral tribunal holds oral hearings for the presentation of evidence or for oral argument at an appropriate stage of the proceedings, if so requested by a party, unless the parties have agreed that no hearings shall be held (SyCip Salazar Hernandez Gatmaitan, n. d. ). The parties shall be given sufficient advance notice of any hearing and meeting of the rbitral tribunal to inspect goods, other property, or documents (ADR Act, 2004). A party aggrieved by the failure, neglect or refusal of another to perform under a written arbitration agreement may petition the proper Regional Trial Court for an order directing that such arbitration proceed in the manner provided for in the agreement (Ibid. ). The Court also has the authority to appoint arbitrators when the parties to the contract or submi ssion are unable to agree upon a single arbitrator, or when either party to the contract fails or refuses to name his arbitrator within 15 days of receipt of the demand for arbitration (Ibid. . A party may ask the Court to decide on a challenge against an arbitrator if the arbitral tribunal rejects the challenge (Ibid. ). A party may also ask the Court to decide on the termination of the mandate of an arbitrator who is unable to perform their functions, or for other reasons fails to act without undue delay, if the arbitrator does not withdraw from office and the parties do not agree on the termination of the mandate (Ibid. . [In international commercial arbitration, a party may apply to the proper Court regarding the appointment of an arbitrator, the challenge against an arbitrator, and the termination of the mandate of an arbitrator, only when the â€Å"appointing authority† under the ADR Act, who is supposed to decide on these, fails or refuses to act within 30 days from re ceipt of the request (SyCip Salazar Hernandez Gatmaitan, n. d. ). A party may request the proper Court to grant an interim measure of protection before the constitution of the arbitral tribunal (ADR Act, 2004). A party may also apply to the proper Court for assistance in implementing or enforcing an interim measure ordered by an arbitral tribunal (ADR Act, 2004). In domestic arbitration, unless the parties stipulated otherwise in writing, the arbitrators must render the award within 30 days of the closing of the hearings (Ibid. ). This period may be extended by mutual consent (Ibid. ). There is no express rule on when an award must be delivered in international commercial arbitration. The award must be in writing, signed and acknowledged by a majority of the arbitrators, and should there be an instance, reason for any omitted signature must also be stated (Ibid. ). The award shall outline the reasons upon which it is based, unless the parties have agreed otherwise or the award is on agreed terms. The award shall also state the date and place of arbitration. Each party shall receive a copy of the award. The ADR Act provides specific grounds for the Court to set aside an arbitral award in a domestic arbitration. They include cases of corruption, fraud, partiality, misconduct, and disqualification of arbitrators. The ADR Act also provides specific grounds for the Court to modify or correct an arbitral award— including miscalculation of figures, mistake in the description of a person, thing or property referred to in the award, an award upon a matter not submitted for arbitration, and imperfect form of the award. The Courts shall disregard any other ground raised against an arbitral award in a domestic arbitration (Ibid. ). In the case of international commercial arbitration, a Court may set aside an arbitral award when the arbitration agreement is invalid; when a party was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case (SyCip Salazar Hernandez Gatmaitan, n. d. ). Other reasons include situations where an award deals with a dispute which is not arbitrable or contains decisions on matters beyond the scope of the submission to arbitration; the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the parties’ agreement or the law; the subject matter of the dispute is incapable of settlement by arbitration under the law, or when the award is in conflict with the public policy of the Philippines (Ibid. ). At any time within one month after an arbitral award is issued in a domestic arbitration, any party to the arbitration may apply to the appropriate Regional Trial Court for an order confirming the award. The Court must grant the order unless the award is vacated, modified or corrected. Upon the granting of an order that confirms, modifies or corrects an award, judgment may be entered. The judgment may then be enforced as an ordinary judgment of that Court. For foreign arbitral awards, the New York Convention applies, subject to the commercial and reciprocity reservations (Ibid. . The basic procedure for recognition and enforcement is as laid down by the Convention. Despite the many attractive draws of arbitration, it is best to note the instances when alternative dispute resolution proves inappropriate, and practice judgment accordingly. It would be more judicious to resort to litigation when: (1) there is a significant imbalance in the parties’ bargaining power, as the strong er party may cow down the weaker one; (2) the party who has the use of the money at issue may benefit from a delay in itigation; (3) substantial legal issues are involved and must be dealt with accordingly, mindful of national and international repercussions; (4) there are multiple parties involved as it may be more difficult to implement alternative dispute, particularly where a class action is desired; (5) one of the parties wishes to establish a judicial precedent; (6) adversary is irrational and unreasonable, thus barring resolution; and (7) extensive discovery is needed or desired, as the Courts have a more thorough and encompassing framework, arbitration being relatively vogue and young in experience as compared to Courts (Grenig, 2005). Supporting Jurisprudence There have been two decisions in the field of arbitration that have set the tone of the Supreme Court and advanced the cause of arbitration in the Philippines. The first one is Transfield Philippines, Inc. vs. Luzon Hydro Corporation, G. R. No. 146717, 19 May 2006. There, the Supreme Court affirmed the enforceability of foreign arbitral awards and the right of the parties to an arbitration proceeding to obtain provisional relief from the courts. In Transfield, the Supreme Court had occasion – for the first time – to refer to Republic Act No. 285. What is significant in Transfield is the Supreme Court’s recognition that court-ordered provisional/interim relief extends to international arbitration. Such ruling sends a positive signal to future litigants that the Philippines is an arbitration-friendly jurisdiction. The second part of the ruling in Transfield affirms the right of a party to an international arbitration to enforce a final awar d in the Philippines, pursuant to the UNCITRAL Model Law and the New York Convention. The other, more recent case is Gonzales vs. Climax Mining Ltd. , G. R. Nos. 61957 and 167994, 22 January 2007, where the Supreme Court resolved petitioner Jorge Gonzales’s motion for reconsideration and respondents Climax Mining Ltd. , et al. ’s motion for partial reconsideration of the earlier Decision of 28 February 2005. The ruling in Gonzales is significant for several reasons. First, the ruling in Gonzales re-affirmed the summary nature of and the RTC’s limited and special jurisdiction over petitions to compel arbitration under Section 6 of R. A. No. 876. The jurisdiction of courts in a petition to compel arbitration is limited to determining the existence of an arbitration agreement. Trial courts should not allow themselves to be drawn into the fatal pitfall of prolonging the proceedings or touching on the merits. Second, modifying its earlier ruling, the Supreme Court in Gonzales introduced the widely-accepted doctrine of separability, which states that the validity of the contract containing the agreement to submit to arbitration does not affect the applicability of the arbitration clause itself. This doctrine of separability is, as pointed out by the Supreme Court, found in Article 16(1) of the UNCITRAL Model Law, which governs international commercial arbitration. Conclusion The efforts of Congress and the judiciary at improving the system of arbitration are welcome and timely. Today, two contemporary circumstances, one a local problem, the other an international phenomenon, acutely highlight the need to further promote and develop arbitration: hopelessly clogged court dockets and growing globalization. An inefficient court system impels aggrieved parties to look elsewhere for swift and impartial justice. On the other hand, international trade and transactions unavoidably give rise to disputes between nationals who come from different jurisdictions. The foreign businessman will understandably be wary of or uncomfortable with the local courts. Thus, he will seek to bring his dispute before the more neutral forum of arbitration. Parties wishing to have their conflicts resolved expeditiously will be looking increasingly to alternative means of settling their disputes, especially business, which abhors indefinite uncertainty. Under the circumstances, arbitration is truly worth cultivating. It possesses many attractive features. First, unlike judges, arbitrators are not burdened by heavy caseloads. The data hows that, as of November 2005, there are 349,085 pending cases before the RTC. Yet, there are only 804 RTC judges, or an average of 434 cases per judge. Hearing cases, sifting through evidence, and writing decisions is not an easy task. It becomes almost unmanageable if a judge has to contend with 434 cases. In contrast, before appointing an arbitrator(s), litigants can first verify from a potential nominee whether he or she can devote time to the case. Second, there is a large pool of arbitrators to draw from. Unlike the traditional judges, arbitrators do not have to be lawyers. They can be architects, engineers, investment bankers, stock brokers, or even laymen, depending on the subject matter or nature of the dispute. Third, the fees of arbitrators are not fixed by law. They are flexible and adjust according to the complexities of the case and the reputation of the arbitrator. Hence, litigants will be assured of an adequate supply of arbitrators. There is also reason for arbitrators to resist the temptation of corruption. The more competent, honest, and prominent the arbitrator, the higher the price he or she can command. Fourth, arbitration has the indirect benefit of de-clogging the court dockets by diverting cases away from them. The data shows that the number of cases filed outpace the number of cases decided. Judges can dispose of only so many cases at a time, especially given the restrictions that are imposed upon them. While the courts can only do so much in terms of the outflow of cases, arbitration has the potential of controlling the inflow of cases into the judicial system, especially at the RTC level where the number of cases filed annually have been more or less steady through the years. The court ystem can begin to work more efficiently only if the number of cases decided exceeds the number of cases filed. Until then, the courts find themselves trapped in a cycle of inefficiency. Thus, the courts also have a high stake in the success of arbitration. Fifth, arbitration addresses the concern of partiality. One of the appealing features of arbitration is that the parties get to choose their own arbitrators. Sixth, the costs of arbitration are borne by the parties. Arbitration pays for itself. Litigants who are dissatisfied with the judicial system can opt out of the judicial system. The potentially higher fees can be offset be a speedier resolution of the case and more satisfactory judgment. The Supreme Court first touted arbitration to be the â€Å"wave of the future† in BF Corporation v. Court of Appeals (1998). Eight years later, the Supreme Court repeated the same observation in Charles Bernard H. Reyes v. Antonio Yulo Balde II, G. R. No. 168384, 7 August 2006, that: It bears to stress that being an inexpensive, speedy and amicable method of settling disputes, arbitration — along with mediation, conciliation and negotiation – is encouraged by the Supreme Court. Aside from unclogging judicial dockets, arbitration also hastens the resolution of disputes, especially of the commercial kind. It is thus regarded as the â€Å"wave of the future† in international civil and commercial disputes. Brushing aside a contractual agreement calling for arbitration between the parties would be a step backward. † References Books and Journals Bernas, J. , S. J. (1996). The 1987 Constitution of the Republic of the Philippines: A commentary 2009 Ed. ). Manila, Philippines: Rex Book Store. Grenig, J. E. (2005). Alternative dispute resolution (2nd Ed. . Minnesota: West Publishing Co. Laygo, J. (2010). Arbitration: A brief. Makati: Intellectual Property Office of the Philippines. Lim, F. E. (2001). Commercial arbitration in the Philippines. The Ateneo Law Journal, 46(2). Cases BF Corporation v. Court of Appeals, G. R. No. 120105 (1998). Chan Linte v. Law Union and Rock Insurance Co. , et al. , 42 Phil. 548 (1921). Charles Bernard H. Reyes v. Antonio Y ulo Balde II, G. R. No. 168384 (2006). Gonzales v. Climax Mining Ltd. , G. R. Nos. 161957 and 167994 (2007). Philippine Veterans Investment Development Corp. PHIVIDEC) v. Hon. Alejandro M. Velez, G. R. No. 84295 (1991). Transfield Philippines, Inc. v. Luzon Hydro Corporation, G. R. No. 146717 (2006). Laws New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958. Republic Act No. 876, Philippine Arbitration Law of 1953. Republic Act No. 9285, Philippine Alternative Dispute Resolution Act of 2004. UNCITRAL Model Law on International Commercial Arbitration of 1985. Online Resources Lazatin, V. P. Prodigalidad, P. A. (2006). Arbitration in the Philippines. Retrieved from http://www. seanlawassociation. org/9GAdocs/w4_Philipines. pdf Parlade, C. O. (2005). Why litigate? Arbitrate! Retrieved from http://www. pdrci. org/web1/art001. html Supreme Court of the Philippines Annual Report. (2005). Adjudication: Caseload and disposition [Data file]. Retrieved fr om http://sc. judiciary. gov. ph/announce/sc_annual_report_2005. pdf SyCip Salazar Hernandez Gatmaitan Law. (n. d. ). A Guide to Dispute Resolution in Asia. Retrieved from http://www. herbertsmith. com/uploads/HSpdfs/Asia-guides-006/dispute resolution/12_Philippines. PDF

buy custom Environmental Issue in the Conflicts between TRIPS and CBD essay

buy custom Environmental Issue in the Conflicts between TRIPS and CBD essay Technological advancement on a global reach has made it possible for humankind to find easier, better livelihoods. It has also led to globalization in many aspects including social trends, communication, trade practices, management of businesses, industrial processes and much more. Inventions are therefore vital processes of human life, thus there is need to protect the innovativeness of the creators of products or processes from undue exploitation by other people. This was the idea behind the creation of the Intellectual Property Laws: laws that protect the rights of inventors and therefore encourage new ideas and products for social and economic development (Watal 1). The way these new products are used in the society, as well as the procedures controlling their trading, both locally and internationally is incorporated in the agreement called the Trade Aspect of Intellectual Property Rights (TRIPS). However, in the much-needed procedure to protect the rights of inventors or creator s, certain elements of the social, environmental and biodiversity wellbeing of humans and other species living on Earth have been compromised. It can be debated, for instance, the significant action between protecting the rights of a drug inventor thereby allowing higher price for it and making the drug affordable to needy populations across the globe who cannot afford it (Parr 109). The convention that advocates for biodiversity conservation as the primary aim of any inventions is called the CBD (Convention on Biological Diversity) .This paper will critically discuss the conflicts between the TRIPS and the CBD. Intellectual Property Rights (IPR) Intellectual properties are products of the creative ability of individuals for which a set of exclusive rights are granted. The chief aim of the intellectual property rights is to protect the innovative quality of the creator of the property from being exploited by others, thereby allowing the owner to recover the complete social value of the property. This protection encourages more innovations, which in turn add value to society. In the context of its social value, the intellectual property is also granted some value as if it were a real asset. International Bureau of WIPO (16) indicates that, such property maybe music, software, artistic and literary work, inventions, discoveries, words, phrases, designs and symbols. Intellectual property rights may include copyrights, patents, trademarks, trade secrets and industrial design rights. The exclusive rights pertaining to the intellectual property rights allow the owner or creator to benefit from the proceeds of the property in the way of financial investment done. In the case of patents, the creator is allowed reward for research and development costs (Levine, 2008).The World Intellectual Properties Organization (WIPO) gives two primary reasons for the development of Intellectual Property Rights. The first one is to give a statutory statement of the moral and economic rights of the inventors or creators in their work and to indicate the mode and extent of public access to these properties. The second reason is to encourage creativity in the society, which leads to increased economic growth and social development. Arguments from a moral perspective have supported IPR in that it is just to protect the product of ones intellect, and that it is not right to allow people to misuse others ideas (Correa 66). The Utilitarian-Pragmatic argument is of the view that, societies that protect intellectual property advance more than those that do not. Further, it is notable that, such protection leads to more security in creativity, and therefore a more socially and economically progressive society. On a personality perspective Richard (21) argues that a person has the ability to make his freewill into a thing, or make something the result of his freewill. The trade related aspects of the Intellectual Property Rights (TRIPS) The Trade Related aspects of Intellectual Property Rights (TRIPS) agreement set the minimum protection level standards for every category of Intellectual Property Rights. These standards are incorporated in the national legislature of each member state of the World Trade Organization (WTO). It was formulated in 1994 after the GATT (General Agreement on Tariffs and Trade) convention in Uruguay (Carvalho 55). This agreement seeks to bring together all member states under a common set of regulations, thereby dealing with setbacks, such as copyright infringements and international piracy in every member state. TRIPS attempt to harmonize the two conflicting aspects of property rights: allowing motivation for research and development while at the same time giving the public access to existing inventions. Under the agreement, IPR extends the period for which a patent runs to 20 years from the date the patent is filed, and further time is allowed for the Least Developed Countries (LDCs) (Wat al 1). The TRIPS also lay down the necessary legal and administrative backbone requirements, in certain details, in any of the member states for the proper and sufficient empowerment of rights holders to protect their products. The document also stipulates the correct procedure for disputes resolution whenever a dispute arises amongst the member states subject to the WTOs dispute settlement procedures. Special arrangements regarding the transitional period granted are given to Least Developed Countries (LDCs), which have not laid down the necessary product patent protection in pharmaceuticals (Bernasconi-Osterwalder 200). However, the members are left to implement the provisions of this agreement on their own. Some of the basic requirements of TRIPS include: copyright terms are given a period of 50 years after the death of the owner or creator. computer programs are given copyright protection as is given to literary works. copyright is given automatically and is not subject to such regulations as renewal of license or registration (Love 204). patents are granted in all technology fields and are enforceable by law for at least 20 years. This makes requires the member states to make patents available for technological inventions, whether in products or processes, as well asthe entire technology industry, without discrimination. exceptions to these rights are limited unless there is conflict between normal exploitation of the work and normal exploitation of the patent. intellectual Property Rights may not favour citizens of one state than they favour citizens of other signatory states as in the National Treatment principle. There are, however, some extremely limited exceptions to this requirement. Special interest areas of the TRIPS There are issues within the member states that are given particular consideration or importance by the TRIPS (Correa 65). These are listed below: Geographical indications Geographical indicators are defined in the TRIPS agreement as those properties or attributes of a good that identify it like theas original in the territory of its members, or a specific region within that territory, where a certain indication or characteristic is attributable to this geographical origin. According to the agreement, it is therefore the responsibility of the members to enforce legal means to prohibit the use of misleading indications as concerns geographical origin especially where the issue of unfair competition may arise (Watal 1) Industrial designs Members are obliged to protect new or original industrial designs after ascertaining that such designs do not resemble any known or existing designs. An exception to this consideration is if a design has been ordered to meet a specific functional or technical consideration (Parr 113). Patents Members are obliged to avail patents for new inventions, whether they are processes or products in the technology field (Moore Yang 31). However, this is subject to the basic tests of inventiveness, novelty and industrial applicability. The exceptions to patents grant is in cases where the product corrupts the morl theme of the public, or cause harm to animal or plant life. The second exception regards to therapeutic or surgical methods for the treatment of humans and other animals (Secretariat of the Convention on Biological Diversity 12). Layout designs for electronic circuits This article requires members to provide protection for electronic circuit layouts in accordance with the IPIC (Intellectual property in respect of Integrated circuits) treaty. It lays down the period of protection as eight years, and lays down the procedure for dealing with innocent infringers (Grain 1). Protection of undisclosed information Undisclosed information may include trade secrets and any other information that has commercial value and that has undergone certain processes aimed at keeping it secret. This information is not treated in the agreement as a form of property, and further does not require that any bearer of such information must have the means ofprotecting it from beingaccessedby thethird parties (Parr 75). Convention on Biological Diversity Formed in 1993, the convention was formed with the aims of conserving the biological diversity, aiming for the sustainable use of the components of biodiversity and ensuring fair usage of products arising from the use of genetic resources. The convention sustains some conflicts with the TRIPS especially in its objective of ensuring fair usage of biogenetic products, since fair usage sometimes maybe restricted by Intellectual Property Laws. It has members from countries all over the world and holds periodic meetings (Moore Yang 32). Biodiversity This refers to the variety of life on planet Earth, including the patterns it forms, and the complex way in which species interrelate in order to sustain life. It is a product of billions of years of evolution and human influence. It also focuses in the genetic constitution of organisms, as well as the varied ecosystems in which life can be found. The convention is largely seen as the key global policy on sustainable development. Biodiversity guides decision-makers based on the principle that a threat in loss of biological diversity cannot be sufficiently met using the blame of incomplete scientific knowledge, but rather that entire measures must be taken in order to remove or otherwise minimize the danger (Grain 1). It argues that environment conservation and establishment of sound balance in ecosystems will eventually lead to economic and social benefits. Some important concerns in the convention are measures and incentives that lead to conservation of biodiversity regulation of access to genetic resources, including the prior informed consent of the source party allowing access to technology to the people or the government that offers resources that leads to the technology other key concerns are scientific cooperation, impact assessment, public awareness creation, provision of financial support and national reporting on issues of biodiversity treaty implementation. The Cartagena Protocol on biosafety The protocol was adopted in year 2000, thus also called as the Biosafety protocol. It seeks to protect the biological diversity from the risks of modified microorganisms that result from modern biotechnology. It asserts that all new technologies should be applied with precaution while allowing developing countries to balance economic gains with the equally weighty agenda of the public health. Therefore, countries are allowed in the protocol to ban imports containing genetically modified materials if the country feels there are no sufficient scientific proofs of safety in the use of such materials. In addition, the global strategy for plant conservation aims at implementing a policy to slow down the extinction of plants due to poor biosafety measures. The Nagoya Protocol This protocol was formed in 2010 and aims at ensuring fair and equitable sharing of benefits of utilization of genetic resources as a way of conserving and sustainably using biodiversity. Information to be shared include traditional knowledge as it relates to genetic resources covered by the CBD (Bernasconi-Osterwalder 189).There are other protocols and agreements formed under CBD with the chief aims of biodiversity conservation. Conflicts between the TRIPS and CBD It is evident from forgoing discussions that the intellectual property rights are crucial under both the CBD and TRIPs Agreement, although most of the issues are approached differently between the two organisations. Walker (45) indicates that both agreements possess a wide international acceptance and membership that is a strong motivation for development of mutually supportive relationships between the two respectable regimes. Currently, there are some developments, which have been set to establish methods to be followed for cooperation and consultants among the Secretariats of the CBD and TRIPs Agreement. The Secretariat of CBD posses an observer status in trade and environment organised by the WTO Committee (Busche 44). It is crucial to note that TRIPs Agreement and CBD offers degree of flexibility in the national implementations of their provision, thus there is a considerable extent for implementation of the two agreements to continue in a complementary manner. However,the speci fic policy or legal mechanisms, which can result to effective synergy, have not been well established. Nevertheless, there are a number of areas of policy coherence that has substantially been noted. Generally, the conflicts between the CBD and TRIPs Agreement concerning rights of biodiversity can adequately be sited through both will force parties and treaties to choose which agreement take preference over the other. Watal (1) found out that there are at least three notables areas that results to out right contradiction between the two organisations. Some of these areas include systems of rights, objectives and the legal obligations. The TRIPs and CBD have conflicting objectives The main intention of the CBD is to strengthen the capacities of developing countries, especially those in Africa, Asia, Asia Pacific and Latin America to use and conserve biological diversities on the long-term basis. This is done while taking into account all the rights over the available resources and comprising rights to enjoy benefits associated with the resource base. As a result of structural imbalances, which exist between countries rich in the biological diversity and the ones having strong legal and technological mechanisms, the South has persistently been over exploited (Busche 40). To rectify and level the playing field for equal participation of the developing countries, the CBD should: empower the South, in order to regulate access to its biodiversity. conditioning access to biodiversity of the South, through requiring initial informed consents as well as sharing of benefits attained. creation of enabling the environment to allow for transfer of technology from the North to South recognize the priority collective rights of the local communities living in the LDCs. This is because they are the main source of traditional knowledge and biodiversity and whose mandates in conservation are currently universally recognized as fundamental (Love 209). On the other hand, the TRIPs are intended to offer private property rights over the processes and rights, whether they pertains bio-diversity or not, with an aim of ensuring that the interests of corporate are equally safeguarded globally. Bernasconi-Osterwalder (131) argues that the equal legal regime that TRIPS hopes to attain may result to monopoly control, especially to those corporate that claim to have invented new animals, microorganisms, plants, or any other use thereof. Simply put the main agendas of the TRIPs is to privatize and notprotecting the biodiversity (Walker 39). Conflicting systems of the rights The rights to intellectual property as stipulated under TRIPs can be recognized based on novelty. On the otther hand, the rights of community under CBD are well founded on the basis of the pre-existing rights with regard to biodiversity as well as associated knowledge.IPR on inventions related to biodiversity is considered dependent upon rights of the communities. Downes (14) indicates that by altering the meaning of the novelty to be myopic, a culturally minimized industrial interest, implementation of the TRIPs systematically negates the wider historical contributions that have been made by these communities in the developing countries. This is with regard to global biodiversity as well as substantially undermines their rights. Therefore, it can be seen that the two structures of rights as detailed in the CBD and TRIPs are in complete opposition to each other. As indicated in the forgoing discussions, TRIPs agreement candidly defines the intellectual property rights as private righ ts. Due to the fact that these rights are subject to general principles of national treatments as set by WTO, implementation of Article 27.3(b) as stipulated by the TRIPs Agreements on biodiversity will result to jurisdictions of the private individual property rights (Love 203). In this regard, global scope of the rights highly destabilizes regime of the national sovereignty as espoused by the CBD that hope to recognize inherent rights of the local and indigenous communities. In this sense, one can see that the IPRs, which are applied under the TRIPs significantly runs counter to the objectives of convection: IPRs prevent the CBD from realisation of the practical and full meaning of the Article 3 that deals with national sovereignty as well as Article 8j dealing with the rights of the indigenous and local communities. conservation of the biological diversity as stipulated by CBD cannot be attained under global regime of the private monopoly rights. This is because conservation of the biological resources signifies enormous responsibilities, which TRIPs have not yet allocated to the ones who benefits from the ownership rights to the available resources. The private property regimes as established by the TRIPs can undermine implementation of the benefits and accesses sharing provisions of the CBD. Downes (15) indicates that, private monopolies only start where community or national sovereignty has been substantially suspended. Under the TRIPs, genetic resources that communities and nations are mandated to control as well as access will be under the controls of the IPR holders. Communities as well as governments will not have any means of regulating control or demand any share of benefits. Conflicting obligations Moore Yang (67) stipulated that the member states of TRIPs and CBD face similar inescapable challenge. The two treaties are extremely binding to the signatories, although their duties pull countries in different directions. In most cases, it can be seen that countries that in all good faith hopes to implement the rights of communities under the CBD frame policy can find themselves in serious contraventions of TRIPs Agreements. Downes (13) established that fundamental conflicts between TRIPs and CBD are irreducible and effortless. CBD simply recognises the fact that states posses national sovereignty with regard to their biological resources (Commission on Intellectual Property Rights CIPR 2). the TRIPs hope to establish private individual rights over similar issues. Within one given country, the sovereignty of takes priority, and the framework of CBD may prevail. However, between a sovereign state and a foreign IPR holder, the jurisdiction of a state is limited, thus it can fail to countervail holder of IPR. ultimately, the essential contradiction that exists between the TRIPs and CBD will ultimately be seen, unless communities or governments resolve these discrepancies as soon as they occur (Correa 60). The table below summarizes the existing conflicts between the TRIPs Agreement and CBD. CBD says TRIP says The conflict Nation states posses sovereign public rights on their biological resources The biological resources ought to be under private Intellectual property rights. Obligatory licensing for national interests must be restricted. National sovereignty signifies that a country has the rights to forbid IPRs on biological resources. However, TRIPs mostly overlooks this right, as it requires provision of the IPR on microbiological, non-biological, patents and microorganisms protections on plant varieties. The exploitation or use of biological resources has to rise to equally shared benefits. Patents ought to be offered for entire field of technologies, thus the exploitation or use of resources should be protected by the IPR. CBD offers developing countries the legal basis for demanding the shares of benefits. However, TRIPs negates this legal authority. Access and control to biological resources necessitate prior informed consents of country of origin. Further, it requires involvement and approval of the local and indigenous communities. There exists no provision that necessitates prior informed consents to access biological resources that may at a times be secured by IPR Currently, CBD offers states the legal authority, in order to diminish incidences of bio-piracy by demanding prior consents. However, TRIPs disregard this authority, thus promoting bio-piracy. States ought to promote sustainable and conservation of biodiversity Safeguarding of the public nutrition and health as well as public interests, should be a subject to private interests of holders of the IPR as seen in provisions set by the TRIPs Agreements. CBD regards common good and public interests over vested interests and private properties. This is exactly opposite of what TRIPs does. (Grain 1) Resolving the conflict Downes (12) argues that, if the CBD hopes to implement in interests of well-being and survival of the humanity, then there is an urgent need to implement policies, which are extremely objective and are not undermined by narrow agendas of the TRIPs. To achieve this, there is a need for stakeholders to: recognize that CBD has the primacy over WTO in regard to areas of biodiversity as well as traditional knowledge systems. ensure that review of TRIPs agreements enables sovereign states to prohibit all forms of life forms as well as related knowledge from the IPR systems. urgent recognition of the collective rights of local communities and indigenous people over their knowledge relating to bio-diversity (Grain 1). Conclusion From the discussion above, one can see that the global societies requires invention and needs adequate motivation and protection for creators of ideas or products that are socially and economically beneficial to the society (Secretariat of the Convention on Biological Diversity 2). However, it is also extremely necessary to conserve the environment, as well as ensure the establishment and continuity of the much-needed balance in the eco-system as a fundamental step in sustaining life on planet Earth. Another need that has emerged is that of recognizing indigenous knowledge systems and the collective rights of communities. While TRIPS agreement takes on the important mandate of protecting property rights, it needs to be sensitized to nurture biological diversity and recognize fundamental rights of participants in the invention process (International Bureau of WIPO 10). Buy custom Environmental Issue in the Conflicts between TRIPS and CBD essay

Different international Human Resource (HR) professional organisations Essay

Different international Human Resource (HR) professional organisations all over the world - Essay Example According to the research findings a suitable career planning process has been conducted with a purpose to select an appropriate HR Professional Organization in order to take my career in the right path. The career planning process has been studied based on Noe’s model. In the career planning process, when the researcher was in the step of self-assessment and reality check, he has recognised that he is in the ‘Exploration Stage’ of career development where the researcher is keen to seek information about jobs, careers and occupations from co-workers, friends, family members along with the experienced person in the HR field and it can assist me for pursuing the needed education or training. The researcher’s short-term goal is to gain more experience in the field of Human Resource Management in order to be effective and efficient in my near future. Similarly, the paper’s long-term goal, when the researcher enters the ‘Establishment Stage’, to be a leading HR manager in a reputed organisation which would provide me a path to attain sustainable growth. In this study, it was found that all the organisations considered have a few benefits and lacunas as well. However, SHRM can be considered as one of the best organisations for HR Professionals in order to provide opportunities for achievement, encouragement for development, and information about career opportunities. Consequently, the researcher prefers to join The Society for Human Resource Management (SHRM) as the researcher found that it can assist me in order to achieve my career objectives. Background I am presently working in the Dubai Chamber of Commerce associated with HR department. I primarily look after the HR issues under the supervision of my mentor. My key responsibility is to manage the various HR issues in order to take the organisation in the path of sustainable growth and development. Subsequently, it can be stated that I am in the ‘Exploration St age’ and I intend to grow at sustainable rate in my near future that can be regarded as an ‘Establishment Stage’. This stage can provide me a place in an organisation which can assist me to make my independent contribution for the work. It often endow with a path to establish a desirable lifestyle along with the financial success (Noe, 2010). Self-Assessment and Reality Check Career development is considered as one of the important aspects for an organisation in order to create and sustain a continuous learning environment. It offers a process through which employee’s improvement has been conducted by a series of stages. Each and every stage is dealing with different developmental tasks, relationship and activities. In the same way, I am currently associated with the ‘Exploration Stage’. At this point, it is measured to be important for me to pursue the needed education or training in order to achieve my career objectives and goals (Noe, 2010) . The composition of different generation creates an appropriate workforce for an employee. With this concern there are mainly four different types of generations that are identified in the

Nonverbal Communication - People Watching Assignment

Nonverbal Communication - People Watching - Assignment Example One of the men was in looking quite older than the other man looks. The older man was predictably in his early sixties because of the gray hair while the other man could be in his mid-twenties. Outwardly, the two men were like a father and a son. This could be judged from the gestures of the old man. He wanted to pamper the young man like someone talking to a child. From the facial expressions, they seemed to be discussing a very emotional issue. The old man who was sitting directly opposite me was frowning his face was frowning his face as the young man was talking. Occasionally, they could talk until the young man could be too emotional to the extent that the old man gave him a tissue to wipe his tears. Unfortunately, they realized that most some of the people were looking at them; they decided to clear the bill and walked out of the restaurant. From the window, I could see the old man trying to comfort the young man and hug him before entering their car and driving away. From the discussion, the five nonverbal methods of communication are crucial. Types of nonverbal in communication gestures, body movement, facial expression, proxemics, and haptics. However, eye contact is critical in a conversation is used as an indication of how much someone is interested in the conversation. If someone is not interested in a discussion then, the eye contact would not be maintained, and very many things would be diverting the attention from the conversation. Another important type of nonverbal is body movement. The body movement can also indicate how much someone is listening and concentrated in a conversation. However, all the types of nonverbal methods of communication are very crucial but they are much dependent in the event of communicating or conversing. Docan-Morgan, Tony, Valerie Manusov, and Jessica Harvey. "When a Small Thing Means so Much: Nonverbal Cues as Turning

Paris Peace Conference 1919 Term Paper Example | Topics and Well Written Essays - 1500 words

Paris Peace Conference 1919 - Term Paper Example The mission to restore peace was proclaimed by President Wilson. All the documents present the authors’ quest for peace. This is portrayed with carefully chosen words that are used and the effect that these words have on the delegates that attended the conference. The Paris Peace Conference recorded an attendance of 27 countries with high-ranking representatives and aids who devised a Peace Treaty. The central power leaders who attended the conference included Prime Minister David Lloyd George of Great Britain, George Clemenceau of France, Italian Prime Minister Vittorio Orlando, and President Woodrow Wilson of the United States. During the Peace Conference, two themes were highly critical. The first theme was that each victorious ally from Europe had betrayed the diplomacy of the then president Wilson. Therefore, in so doing, they had deprived the post war international order of its moral justification1. The second theme was the Carthaginian settlement in which all the winning nations had virtually dismantled the country of Germany of all its economic and military power. Therefore, the main theme was that of restoring peace to the war torn nations while the secondary themes were of diplomacy and the Carthaginian settlement. These three themes each stand for itself and the three cannot be united as one theme. Key points of the speeches by the presidents of the four nations are evident. The then President of the United States, President Wilson, promised Poland free and secure access to the Baltic Sea. Wilson balanced antithetical considerations with his self-determination and patience2. France attended the conference with the aim of acquiring backup and security from the Germans. Therefore, the only way of achieving their goal was to ensure the Americans and the British take over. However, this was only possible if the two countries could give Germany such a punch that Germany could never rise again3. The Peace Conference Treaty which was

The Principles Of Derridas Deconstruction

The Principles Of Derridas Deconstruction Derridas deconstruction begins identifying a disjuncture in discursive use of language. When the principle of absolute identity or fixity is sustained as a ground for any form of philosophical inquiry, made possible by the use of language, a particular discourse can present itself as necessary truths, not merely as contingent. This is done to showcase an independent, pure reality, of the presence of things, beings, the subjects of a particular discourse. . However, once a possibility of contamination and unfixity in any one element within a discourse is recognized and accepted, a paradox (aporia) will be exposed and remain within the understanding of a discursive object.- in an example of Deconstruction I will refer to the deconstruction of the speech-writing dichotomy. For Derrida, no discourse can convincingly claim the fixity of identity or consistency once we accept the fact that we are working with language and linguistic signs which functions on a linguistic system constructed differentially out of its relationship with other signs. By marking the gap and the limits of a particular limit through a deconstructive gesture such as a close reading of a text, Derrida aims to destabilize and the scope of a text and inscribe the limit of the a metaphysical mode of thinking metaphysics of presence in philosophical traditions a logocentrism within philosophy. For Derrida, philosophy has created a system of concepts centred on implicit privileging of presence, similar to what Heidegger claims of the primacy of onto-theology in philosophy. Philosophy and the theology of Being inscribed within it, grounds its enterprise on an absolute, a centre, an essence. This provides philosophical discourse an unconditional first cause God, Soul, Atman, Consciousness ,Transcendental Ego. Philosophy in the tradition of Plato right up to Heidegger, affirms this exteriority outside through a false conception of language in which a linguistic sign transparently mediates the transcendental / external world and the self.  [1]  Because of this, Derrida claims that language becomes a proxy of a philosophal discourses metaphysics of presence by affirming and signifying this essence as the external ground for itself.. (I) Differance , trace, and the play of linguistic signifiers To counter the pervasiveness of the metaphysics of presence in Western Philosophy Derrida uses the neologism Differance a playful combination of differ and to defer, to demonstrate that the meaning of a linguistic sign is the simultaneous operation of distinction and temporality. This demonstration is to show that any meaning constructed in language is not fixed but disseminated and cannot be located within a specific core or essence. Differance, also, however paradoxically, provides the conditions of the possibility of meaning of a linguistic sign possible. Differance can also be transposed, through the concept of trace. In Of Grammatology, Derrida critiques Husserls trancendental-phenomenological presupposition of a pure presence of the moment a moment which is pure and complete, independent from all other moments that appears itself in consciousness. In the idea of trace, Derrida shows that consciousness always contain things that are retained from previous moments, therefore a moment cannot consist of other moments separate or independent of itself.  [2]  Trace therefore exposes the absence of a independent, full presence that consciousness can conceive of its meaning.  [3]  As meaning is differential and also a process of referral from term to term, each linguistic signifier has its meaning only through its difference from other signifiers. Meaning is constituted by a network of traces are mutually implicated in one another. It is in this sense Derrida rejects the Sassaurean conception of language constituted of linguistic signs that corresponds to the relationship between the signifier and signified. For Derrida, language is a matter of play between identity and difference within an infinite chain of signifiers. Differance therefore precludes the stability of any linguistic referents as a result there is no external referent to language that language itself can approach for verification. Philosophy, with its medium of language, does not then, Derrida claims, represent a stable Being, presence or reality, more accurately than literature and other forms of linguistic expression. This presents the philosopher with the inescapability of prejudices, intentions and presuppositions presenting multiple ways to describe or proscribe. which cannot be subjected to an objective referent truth, or essence for the linguistic (thus, metaphysical) accuracy of any philosophical expression. Therefore, for Derrida, all attempts to refer to reality are already structured in advance by the workings of our language even ones self is constituted by the language and language-constituting discourses that preexists the self. (ii) Derridas deconstruction of speech over writing Derridas deconstructive project questions the primacy of a transparent language and a rationality that corresponds and addresses philosophical truths by denying the assumption that language conforms to a rational order (that can be apprehended by the cogito) of some external reality apart from human interpretation of various phenomena. For Saussure any linguistic expression is constituted by binary-oppositions for its meaning. Speech and writing the binary forms of language has been, in the history of Western philosophy has been marked by the hierarchy that priviledges speech over writing because speech, is always marked by the presence of the speaker. The speaker, signifying immediacy has been elevated and identified with the presence of Truth. This relation of immediacy and presence of Truth establishes the superiority of speech over writing, in which Truth is obscured in the absence of a speaker.  [4]  Derrida notices that speech/presence and writing/absence form binary opposites in which truth-seeking discourse maintains itself my suppressing writing over speech. This privileging of speech, or a metaphysics of presence accords speech a higher, more primary value as bearing truth-immediacy. In Derridas Of Grammatology, language, the mark of the social that demarcates sociality from mere constituents of nature, Rousseau, claims, language in the form of writing that destroys presence actually reveals languages inability to render absolute presence.  [5]  As Derrida understands Rousseau, writing becomes the auxillary of speech, a supplement that usurps the place of speech by forgetting its mere vicarious role (correspondence to a referent) by making itself pass for the plenitude of speech whose deficiency and infirmity it nevertheless only supplements.  [6]  Rousseau, in trying to disestablish the mediative role language plays between presence and absence, however, for Derrida, is an inescapable fact. The silent play of difference serves as the conditions of both signs and phonemes in a linguistic system, without it, language would be impossible, Derrida claims.  [7]  Writing differs from speech in that it neither presupposes the presence of Being, or of its tr ansparency towards Being. Writing becomes a interpretative exercise enmeshed in a play of interpretations that takes primacy over speech. Since the differentiation of a linguistic sign preceded speech, Derrida gives writing a certain primacy over speech. In the non-transparence of presence in language, every representation is a continual play between absence and presence and any representation does not exceed the phenomena it is purported to signify. As such, Derrida concludes that it is merely impossible to take language, as the venue and means of philosophy, in the hopes of making transparent the relationship between the linguistic signified and signifier.  [8]  Derrida takes this claim a step further to challenge the idea that linguistic signifiers can convey a picture of an extratextual reality thus shrugging of philosophys metaphysical claims that implicitly point towards an extratextual, transcendent truth.. There is nothing outside the text that linguistic signifiers point towards hence there is nothing outside the text- language constructs our world, and that there is nothing outside the text. This slogan can be read also in another way, that the locus of purview of the texts can be cast to include all manner of human actions and interventions, thus disrupting the supposed dichotomy between text and non-text. Therefore, every human action and intervention action, every social relation and differential power relation , every ethico-politcal action belongs to text. However, before embracing the inclusivism of text, one needs to consider even if the pereceived world signified by language exhibit the structure of text, the relations between objects in the world might not necessarily possess the relations of the linguistic type. (iii) What Deconstruction is not/ the limits of deconstruction Deconstruction, in pointing out that every binary opposition is already in deconstruction, cannot then point towards any binary pair that can be seen according to an absolute difference in the system of linguistic signs. A binary on which includes an implicit hierarchical relationship between respective binary-terms (p,41),  [9]  is not governed by a neutral difference inscribed in linguistic rules, but always of a violent, imposed, hierarchy.  [10]   As has been shown, deconstruction is not a general method of reading texts, or interpretation can can be implemented from outside a given text. One can, only possibly think then, perhaps, that deconstruction is somehow a modal predicate, a certain process of causation whereby deconstruction is the cause of the disruption of a binary opposition in linguistic signification. However, Deconstruction helps us illuminate the unfixity of inside/outside relations of any metaphysical limits. Perhaps, it makes sense to say that limits are already in deconstruction. This corresponds, as Derrida had said earlier, that Deconstruction takes place as an event that does not await the deliberation, consciousness, or organization of a subject, or even of modernity. It deconstructs it-self. It can be deconstructed [Ça se dà ©construit]  [11]   Perhaps, then, nothing can exist outside its contexts no existence outside it. Yet, a context itself consists of the possbility of non-closure: a context itself contains an internal logic of closure in which dictates what bounds, frames, encloses and determines any context. This trope necessarily exceeds context. Can a condition and limits of a context ever be determinable? Deconstruction acknowledges boundaries and limits, only to show the subversive ways in which they are called into question what is now taken to be marginal and supplementary now becomes central. What Deconstruction is not, then, a principled method, an ethical generality, an attitude of nonconformity. Deconstruction is not a critique in an epistemic sense, aiming to lead discourse closer to truth by aleatoric gestures, or performing a discursive operation. Again, this characterisation of deconstruction is not to affirm deconstruction of its ontological necessity by way of negative statements about it (a negative metaphysics). Deconstruction is not to question the traditional assumptions of philosophy from another more complete or accurate philosophical system an outside that can be conclusively identified, reducible to an essence. Deconstructive thinking occurs as the disruption and interruption that establishes the outside from the inside. Deconstruction to be distinguished from analysis: which presupposes reduction of entities to simple, essential elements would stand in need of deconstruction: deconstruction is not critique in the Kantian sense.  [12]  Deconstruction would affirm that any deconstructive gestures can also take a posture of metaphysical closure the double refusal of both remaining within the limits of (linguistic) tradition and of the possibility of transgressing that very limit.  [13]   This logic corresponds to the idea that Deconstruction halts every existential signifier by questioning the impossibility of positing every is, a refusal to affirm any presence of any thing that might be taken to affirm a things albeit obscure, essential quality. Deconstruction consists of deconstructing, is to put out of joint,  [14]  Derrida claims, the authority of existential quantifiers. By not actually positing existential qualifiers such as these it may thus illuminate and unsettle what has been taken as a given in logocentric discourse, an unchanging identity, fixatedness of concepts such as justice and politics, or truth itself. All affirmations of the type deconstruction is X is to miss the point that deconstruction is not reducible to any essential feature. (iv) Deconstruction and aporetic thinking As shown earlier, the binary of speech and writing can only be made understandable by a logical contradiction: an aporia. This aporetic moment can be shown only by seeing the speech and writing as opposites and takes the form of something that cannot be explained through standard syllogistic logic. What constitutes a deconstructive gesture therefore, begins with the encounter with an aporia. In this case such encounter can be deconstructive, but it does not, as binary logic does, rule out that deconstruction can be made also philosophical, political and ethical at the same time. Deconstruction becomes the impossible condition of possibility of opposition, such as the opposition of speech over writing in which Derrida, in showing that when writing comes before speech, inverting the traditional Platonic hierarchy of speech over writing, the liberates the concept of writing from the occlusion and oppression, in traditional linguistic systems, of how it can be read as the origin of speech. In accepting the dismantling of the binary distinction of speech over writing, one no longer uses the term writing in the sense of adhering to the conceptual limits that provides writing a certain meaning from within the linguistic structure of an opposition. A realization that a new concept of writing needs to be actualized, even if it is not specifically a concept in a traditional sense employed in a previous linguistic regime (that marks its limits and temporal boundaries )- an impossible condition but a condition of possibility of understanding. As Derrida states which is not really a concept at all inasmuch as the very concept of a concept depends on an idea of difference-as-presence, allowing one to say of something that it is. By means of this double, and precisely stratified, dislodged and dislodging, writing, we must also mark the interval between inversion, which brings low what was high, and the irruptive emergence of a new concept, a concept that can no longer be, and never could be, included in the previous regime .  [15]   (v) Ethical-political responsibilities of Deconstruction Derrida, in deconstruction, therefore does not reduce texts to absurdities he seeks to expose the irreducible undecidable internal tensions and aporias that can negate all certainty imposed in the quest of epistemic certitude that affirms an apprehending subject. Deconstruction opposes syllogistic logic and adopts both/and approaches, where we seek to uncover heterogeneities when there is settled synthesis. At heart of what we take to be the same, then, is already otherness and difference. Therefore, what is dominant the logic of the same, is deeply imperialistic as discursively violent since we cannot do justice to the Other, and the otherness that actually lies within the same as one cannot exhaustively establish metaphysical boundaries that separates the self and the other, internality from exteriority. Negating absoluteness and thereby positing ultimate limits to contain the purity, or essentiability of an object deconstruction questions our ability to render an absolute disti nction between logic and rhetoric, philosophy and literature, theory and practice, ethical and non-ethical actions. To side with one is an act of undecidability, without recourse to an ultimate precedent. This decision in undecidability, even constitutive of it a condition of possibility is one of many ethical aporias beings traverse. By not recognizing the internal limits immutable posited in order to secure a discourse ethics, politics and philosophy intertwine with each other, so too does subjectivity, the Other and community. Any ethical or political action thus includes the responsibility of facing up to an indeterminate other when the violence of institutional categorization (implicit in discourse) is exposed through deconstruction. Deconstruction can be seen as an openness towards an Other of discourse, disrupting any totalizing -centrisms to name a few: phonocentrism, ethnocentrism, or phallagocentrism. In fact,this amorphous responsibility to an indeterminate Other, is the ultimate ethical act when compared to dominant ethical paradigms that the right action can be merely read off a suitable ethical theory or a categorical duty legislated to oneself; as these pregiven injunctions on how to act relinquishes a certain part of moral responsibility constitutive of agency. As Derrida mentions: a decision that comes into being only in a scheme that exceeds the calculable program that would destroy all responsibility [there] can be no moral or political responsibility without this trial and passage by way of the undecidable  [16]   In the ethical implications of the play of presence and absence, there lies the question of how do we attend to our normal ethical responsiblities while not attending to the different, innumerable, Other who, perhaps, have no formal claim to ethical attention and assistance because they are not representable within discursive/linguistic means provides an irreducible aporia if we were to take an ontology of difference seriously. As expressed earlier, deconstruction acknowledges boundaries and limits, but only to show the subversive ways in which they are called into question what is now taken to be peripheral and supplementary now becomes central, giving recognition to what was previously suppressed, or that cannot be represented in any discursive or ethical order. (vi) Deconstruction and Hermeneutics By situating Derrida in dialogue with Gadamers hermeneutics, I believe that we can illuminate how hermeneutics can serve as a propaedeutic to deconstruction. The pervasiveness, then, of differance, provides the impetus of deconstruction to address a pathology: the relentless desire of the cogito or traditions in thinking that desires coherence, unity and harmony. Derrida himself, have been a critic of the metaphysics of presence, but paradoxically, he is as insistent that it is, for us, impossible to abandon, or escape from metaphysics. Deconstruction uses the very metaphysics and linguistic resources it seeks to deconstruct., not stepping out of our historical horizons. In this case Deconstruction echoes the message that Hermeneuticists have been pondering that we are always already interpreting from our own historical traditions in which differance is serves as ontological understanding that within a specific linguistic game. An implicit claim is textual meaning always suppresses alternative meanings, an Other. In Derrida, a text has many different potential meanings not brought to fore while in Gadamer, textual meanings are inexhaustible.  [17]  In understanding, Derrida seeks to find the trace of the Other embedded in the instrinsic violence of dominant meanings. This is also an iterative process Deconstruction does not stop where it has identiified an oppressed Other, in identifying any conception of justice it will always suppress other meanings. Justice contains therefore, the trace of the Other suppressed, an injustice.  [18]   In Hermeneutics, interpretation begins from ones ungrounded horizon a hermeneutic situation in which we cannot escape our metaphysics embedded in our linguitic resources. Gadamer supplants Derridas skepticism of the violence of our pre-understanding and prejudices by telling us that prejudices not only opens us to the possibility of understanding the Other embedded in our discourses bringing to fore Deconstructions normative understanding. vii) Conclusion Deconstruction, as we have seen, is not a principled method of textual analysis that disempowers discourses to mere ungrounded and unstable network of signifiers, ad infinitum. Deconstructive moments serves first to identify the binary opposites that undergird all metaphysical discourse implict in language and dismantle it; second, mark the anxiety that comes with the instability of linguistic references, and third, reveal the limits of a discouse that presupposes a certain metaphysics. In Deconstruction, one brings about the possibility of an ethical responsibility constitutive of agency in the form of identfying the Other, and the Other within oneself.

Grapes of Wrath - Many Questions and Few Answers :: Grapes Wrath essays

Many Questions and Few Answers in The Grapes of Wrath    The book The Grapes of Wrath focuses on a particular section of America called the "Dust Bowl" during the early nineteen thirties. During this time, when tenant farming was a way of life for so many Oklahomans, there came a drought which drastically cut down production of crops and forced the bank to evict the tenants in order to cut losses. The problem may seem straightforward at first, and maybe it is, but the cause of the problem should not be simplified. Naturally, the three participants in this disaster, the tenants, the bank and the workers, have their own separate, and logical, points of view. Who is right? In the larger picture, events occurring during this time period involving banks and corporations are primitive examples of the widespread greedy capitalism infused in our modern society. One cannot think of the tenants of these farms without feeling some sort of pity or sympathy, because they had no concept of banks or land ownership. To them, land was theirs if they lived, struggled, and eventually died on it; not just because of a flimsy sheet of paper in hand. "My pa come here fifty years ago. An' I ain't a-goin'."(60), was the sentiment expressed by Muley Graves and felt by many Oklahomans when first ordered off their farms. Some reacted quite violently, threatening to shoot anyone who came onto their land with a tractor to tear down their house, but when the tractor came and one of their friends drove it, they laid down their guns in submission. "Who gave you orders? I'll go after him. He's the one to kill."(49), said one disgruntled farmer. "You're wrong. He got his orders from the bank." the driver replied. The farmer also found out that the bank got their orders from the East and wondered in exasperation, "But where does it stop? Who can we shoot?"(49) Basica lly, the tenants were cut off from their livelihood and without hope since they weren't even sure whom they could kill or what person to talk to in order to keep the land. The Bank. Who is a bank? Is it a person? A physical thing? Couldn't it see that it was causing such suffering and despair? Although the heads of the bank could sympathize with the plight of the tenants, they felt that for some reason, the eviction could not be stopped.

Mr. Yang

Introduction In recent years, the competition between low-cost airlines / no frills airlines and legacy airlines has arouse a heat debate, especially In North America. Although airline Industries Including diverse tasks, deciding the price of airplane ticket might be the most significant part In marketing. This assignment attempts to analysis the different pricing strategies that Airline companies make to enhance competitiveness in North America. Moreover, these comparisons will be supported by examples of low-cost airline (Southwest Airline) and legacy airline (American Airlines).Firstly, cussing the operation, which is called low-cost carrier. Secondly, analysis their strategy in defining price. Final parts are a development with these points and a proof of the successful experiences in the airline industry. Key point 1 â€Å"Pricing† is a useful strategy for Airline Companies to increase their profit. It is widely believed that Airline Industry has become intense because th ere are over 200 airlines companies attempt reducing price of airplane tickets. Facing the intense competition, Low Price might be the tactic used by airlines.In addition, â€Å"Fixed cost†, the basic costs o malting a company, Is the other difficulties In traditional airline companies for covering financial situation due to problem of Inflation. The two challenges threat airlines in recent years, hence some traditional airlines transfer to Low-Cost carrier (LLC) to economize unit costs. Furthermore, the cost in Human Resource (HRS)/cost of employees conceivably rise to the most expensive part in fixed costs, however the drawbacks usually are ignored by traditional airlines (Laurie H. 006. POP 5). In other words, LLC is a conception that responds the lower cost to lower price. Southwest airline, one of the LLC Airline Company, has become a famous case learned by Ryan Air, Easy Jet and other Low-Cost Carrier, because Southwest airline reduced not only the cost in their human r esource department but also In many approaches Including cost of entertainment, cargo, meal and additional service (Hall, A. 2007 Completed In Partial Fulfillment of the Requirements of MM 5210 up).On the contrary, even though lower pricing cost seems logic, there are arguments claimed by gurus: Ryan Gannett (2012) doubted that there is a dramatic growth (182. 0%) in average of fuel per gallon from 2005 to 2011, passengers are frequently demanding equipment and services added to cabins. Can the constantly increased cost be covered by Southwest airline? However, according to the Flight Global Data Research Team (2013 Top 1 0: The Americas): Southwest Airline achieved number one (133. 2 Passengers per mile) of amount of sales in 2013 (Manuel A. H. And Steven N. W. 2013).Furthermore, International Air Transportation Association (DATA) published the newest rank In 2014: Southwest airline carried 115. 323 thousand passengers to e the champion as well. These methods help themselves becomi ng more competitive than Lorene companies and successful. Into the future, and this rise will put an ever greater strain on Southwest's already depleted margins. If oil prices are brought under control with certainty, then Southwest is a great investment; but until then, Southwest is Just too vulnerable to oil prices. Key point 2 An accurate price can support a company to increase their profit.In recent years airline, companies prefer to follow the dynamic price system to match the demands f customers, therefore airline companies define the most expensive airplane ticket on Friday night and the cheapest on Tuesday morning due to â€Å"Travel scheme† which is choose to travel on weekends then return on Sunday or Monday, regard this issue, airlines faced the problem: middlemen sell Open-Jaw tickets on weekends and buy Open-Jaw tickets on Tuesday. Open-Jaw ticket is â€Å"Return ticket† can be used in any time and separated in two single tickets to sell to two customers.T hese tickets tremendously declined the revenue when cheaper ticket was used in the peak period ND customers could buy another ticket in other airlines as well, it generate the affection: the Revenue, Coverage, Loading and Reputation. (Tim H. 2011). When others airline were used to follow dynamic price system, American Airline (AAA) announced â€Å"Saturday night stay over restriction† to against this risk. The restriction aims the problem that is caused by open-Jaw ticket on weekends (Tim H. 2011 IPPP). By using the methods, AAA are able to earn bonus as much as $500 million a year from sass.Despite decision is selected by passengers, The most important effects in dynamic price discrimination arise not from an attempt o extract more money from the consumer, but from addressing incomplete markets, and in particular from the value and costs of advance contracting. Key point 3 In the opposite, experts illustrated that the ticket price should be bundled with demand, due to the pr ice is decided by customers' demand (Diego E. 2013). Therefore, airline companies often need to consider the priority between price and loading in different timing.To be more precise, sometimes the asymmetric price might be caused by lower rate of loading (Manuel A. H. And Steven N. W. 2013). As a tater of fact, the lower demand shows the ticket price cannot be increased even in boom season; this is the reason why some gurus recommend finding the demands first and next defining price. However, the Price has to respond the fixed cost, hence airlines need to think increasing profit with Demand and Cost (Diego E. 2013). Nevertheless if the greatness of seats were released to sold in the day near the departure date, it is possible the high-risk will be faced is large amount of empty seat (Diego E. 013). Conclusion To sum up, this essay has shown that there are clear methodologies of using pricing tragedy in the airline industry of North America. As mentioned in my second reducing costs; moreover the case of Southwest airline proofs it in different approached, and the low-cost strategies help them to become the most popular airline in north America in 2013-14. Nevertheless, in the fourth paragraph, it indicates the significance of defining price with float system by legacy airline companies, because the different timing reflects different cost and factors.

A Memorable Event in My Life Essay Example

A Memorable Event in My Life Essay Example A Memorable Event in My Life Paper A Memorable Event in My Life Paper My Life Being stuck In one of the most remote places In Cambodia does not seem like part of a vacation plan for anyone. In our lives, there will always be times when things do not go as the way you planed. Due to not preparing for any emergencies, our family learned a very important lesson in life. I was 13 when this incident happened. My family and I were on holiday in Sandhog province when we were left praying for help as our car got caught in the wet and muddy soil on the border of Sandhog and Henna province. We had been driving for six hours when we reached Luminous. The stone that made up the road became dirt, buildings turned Into trees and cars turned Into cows. As we moved on, our surrounding became more and more remote. Soon there was no sight of any human being, only dirt roads stretched out like veins running through our bodies. The wind of the coming storm began to pick up speed. Trees swayed from side to side as the gloaming sky rumbled and the lighting flashed. I tried to control my fear but the sound of the storm seems to suppress my ability to control my emotions. Then the unthinking happened. Two of our back wheels were sucked by the muddy soil; It could no long propel us forward. We were stuck. Father stepped hard on the gas pedal over and over again but it was in vain. Trapping in the middle of nowhere turned my fear into tears. What happen if there were bandits? What happened if there was a landslide? I could not help but thought of all the possible ways of how I will die. This doesnt seem good, wave got to hurry. Fathers words seem to have woken me up from a dream. I was no longer crying. The fear of dying gave me strength. I got out of the car and with all of my strength, I pushed. However my effort yields no result. Then an Idea struck me. I went to the back of the car and grabbed the two paintings that I have bought in Kingdom and placed it under the back wheels. Again, we pushed. As I hoped and prayed, the car went over the painting and we were freed. Smiles followed by relieve were on everyones face. As e continued on with our Journey, the rain did not stop and the chances of us trapping In the muddy soil were still there but this time I was ready. I would not sit and Walt for father to save me. My fear had turned Into strength. For the rest of the journey we trapped in the muddy soil for three more times but we managed to overcome the obstacle as one. This incident made me realized that no matter what difficulties we faced, as long as we have the perseverance, determination and the willingness to work as one, we will be able to overcome it.

This Is How Small Brands With Small Budgets Achieve Colossal Results With Andie Coupland From Totara Learning [AMP 146] - CoSchedule Blog

This Is How Small Brands With Small Budgets Achieve Colossal Results With Andie Coupland From Totara Learning [AMP 146] Blog Marketing is sometimes sensationalized, especially when media publications feature huge brands with huge budgets. In reality, most marketers come from small brands with small budgets. They need to be scrappy to get noticed, but with fewer resources. Today’s guest is Andie Coupland, product marketing manager at Totara Learning. She describes how small brands with small budgets can achieve colossal results by avoiding makeshift marketing.    Game Plan: Strategies for marketing goals, product fit, and brand messaging  Ã‚   Key Performance Indicators (KPIs) vs. Objectives and Key Results (OKRs): Different approaches for deliverables to measure results of goals and objectives Stop Fighting Fires: Stay agile to remain focused on your quarterly priorities Keep on Track: Processes in place to stay organized and meet deadlines Productivity Pressure: Marketing is getting more done with fewer resources Shift in Mindset: Always ask why you’re doing something as a leader/manager Andie’s Advice: Find the right tool(s) and learn how to use them to meet your company’s marketing needs right now Links:   Andie Coupland on Twitter   Totara Learning Adweek Asana Trello Jira Google Ads Start With Why by Simon Sinek 10X Marketing Formula by Garrett Moon New Marketing Suite If you liked today’s show, please subscribe on iTunes to The Actionable Content Marketing Podcast! The podcast is also available on SoundCloud, Stitcher, and Google Play. Quotes by Andie Coupland:   â€Å"You need to have the key bits of information that you can refer back to when you’re making all your decisions for all the smaller things that come up.†Ã‚   â€Å"If you’re going to be successful, you need to have that shared overview of what’s going on, so everyone knows what they’re doing.†Ã‚   â€Å"You can have all the tools in the world, but if you’re not talking and communicating across the team regularly, it doesn’t mean anything.†Ã‚   â€Å"We kind of like that challenge of being creative and pragmatic and coming up with novel ways to do more with less.†

An Analysis of the Seniority Problem Essay Example | Topics and Well Written Essays - 2750 words

An Analysis of the Seniority Problem - Essay Example Seniority in Companies can be positive or negative. This paper will discuss the positive and the negative of Seniority in companies non-unionized and unionized. How will Seniority affect the Company, Management, Co-Workers? The concept of seniority refers to an individual or a group who is in charge of or commands another individual or group. In companies seniority is often followed by additional privileges such as higher salary, more authority over subordinates, favorable work hours etc. â€Å"Seniority means precedence of position, especially precedence over others of the same rank by reason of a longer span of service. It is a system often used by employers as a basis for granting job benefits† (US Legal, 2009). Seniority systems help in protecting the employees from indiscriminate termination, occasioned by whims, malice or prejudice of the employer. On the other hand, it also helps in creating a harmonious work environment, filled with co-operation and solidarity amongst the workers (Ezorsky, Nickel, 1987). Several companies are known to offer job bidding rights to their employees which facilitate them in availing several perquisites. However these bidding rights are subject to certain restrictions imposed by the organizations, for instance, the employee claiming such a benefit must be employed in the company for a period of at least 12 months and / or worked in his capacity for a period of at least 6 months in his current job. Those who qualify are eligible to bid for additional benefits offered by the company such as promotion or transfer. According to Edwards (1993) â€Å"The right to seniority preference is closely linked to job – bidding rights†. In some organizations seniority preference rather often tend to be the determining factor in for employment, promotion, or transfer, and where factors such as qualification, skill and work record are more or less equal, seniority is