Thursday, October 31, 2019

SLP Time Warp Essay Example | Topics and Well Written Essays - 1000 words

SLP Time Warp - Essay Example Strategic position After analysis of the market performance of the products, recommendations for price changes amongst the three products seems the most viable course of action to be taken. In this line, since the market reflected little wavering on the X5 product, its price needs to be kept constant until a well cut out market trend is observable. The market performance of the X6 reflects a steady performance and market dominance in its category. In this view, an increasing in its market price will be a wise step in maximizing its profits. The market performance of the X7, on the other hand, is not as impressive. In a bid to compete favorably with other market brands, it is in order to price it more competitively. In this regard, I would recommend a price reduction as the most workable strategy (Beverland, Napoli, & Farrelly, 2010). A detailed explanation of the decisions is only able to be explained via an in-depth analysis, at the individual level, of the three new products offere d by the company, the X5, the X6, and the X7. Product X5 The X5 has had three years run in the market and so far exhibits the lowest cost in pricing amongst the three products offered by the business. This reflects a case of plasticity on the side of the product. This translates in minimal interests in the products performance and hence the customers interest. This focuses the strategy not on an increment of the current market price but rather on the exposure and rebranding of the product so at to make it more profitable. While the current market price of $ 250 seems a reasonably fair market price, it is uncompetitive, not due to in affordability, but the reason may lie on its branding or on other factors that control consumer choices (Bivainiene, 2010). Product X6 Since its market debut 2 years back, the market performance of the product X6 has been relatively impressive. The case of the product can be described as being flat metal. Its smooth market performance is not attributable to its price but rather on the overall usefulness and performance as judged by the customers. The relative stability in the market has made the products price be quoted as $420, a figure that can be raised, albeit by a minimal margin, in a bid to maximize the profits attainable via the use of the product. The risks involved in having a large increase in price are that some customers may be willing to compromise on quality if only to have a cheaper, more affordable product irrespective of its performance. As such, any price increment needs to be done discreetly and with enough consideration to the customer if its continued good performance is to be sustained (Slotegraaf & Pauwels, 2008). Product X7 Given that the product is relatively new in the market; its market reviews may not be concrete enough from which to draw conclusive findings. The case for this product can thus be described as colored, in contrast to the plastic case of X5, and the metal case associated with X6. The relat ive immobility of this product in the market is attributable by hesitant customers who opt for better established products of the same caliber. The un-ease that results is not so much a factor of the price but rather based on the anticipated performance of the product in the market in comparison to the other already established products. The initial price, quoted at an approximate $200 serves as an entry price

Tuesday, October 29, 2019

Interracial Marriage in China Essay Example | Topics and Well Written Essays - 1500 words

Interracial Marriage in China - Essay Example The paper will then conclude by discussing the significance of race within this period. Branding, which is the word used within this text to describe the ultimate affects of any such a union, originated as the act of using an extremely hot implement to mark the flesh of humans and livestock. The practice of branding, including that of physically marking human beings, began long before recorded history. Although originally intended to mark ownership in cattle, it was also used as a form of punishment, and employed to distinguish criminals, slaves, and prisoners of war. In Western civilization, branding was banned as a form of punishment in the late 1800s.2 Historically, having a brand was a symbol or mark of identification and ownership - it labeled the person, significating what they were, rather than who they were; criminal, slave, and so forth, and the fact of being branded considered a sign of public shame and personal humiliation. Of course, this marking, including its accompanying reputation, remained with a person for the rest of their life. The use of this word in the above statement, therefore, gives a very clear indication of the attitudes among the general population of the early 20th century towards the idea of interracial marriages. Not only were these types of relationships negatively viewed, but they were also considered as being both shameful and humiliating. Consequently, Tom Frew, his Chinese wife, and their unborn children, would have all been branded with this public mark of shame, of derision, and of exclusion in certain quarters. Early Twentieth Century Worldviews "It has been justly remarked that a nation's civilization may be estimated by the rank which females hold in society. If the civilization of China be judged of by this test, she is surely far from occupying that first place which she so strongly claims" (Chinese Repository, vol. 2, 1833, p. 313). Although this quote is earlier than the period that this essay is addressing, existing worldviews during the earlier twentieth century were based on similar principles, and were rooted within this theory. Within the 1920s, Chinese women were generally seen throughout the Western world, as demonstrated through the above quote, as representative objects of an inferior, underdeveloped society. Almost despised, considered second-rate, this very common worldview, meant that Tom Frew and his Chinese family would face severe discrimatory attitudes and practices where ever they chose to live. "Could he live anywhere, with a Chinese wife" the statement demands. Only, it would seem, with the greatest of difficulties. America, in the early twentieth century, was very suspicious of the Chinese, especially in relation to the influx of immigration. Chinatowns had sprung up throughout many of the major cities - the result of the clash of two distinctively different cultures - and although living in the same city, there was little attempt at integration by either the Chinese or American people. Each community kept within its cultural boundaries, holding onto its group identity, and ensuring the continuation of this through imposing restrictive

Sunday, October 27, 2019

Relevance Of Identifying Peoples Needs And Strengths Social Work Essay

Relevance Of Identifying Peoples Needs And Strengths Social Work Essay Explain the Relevance of identifying Peoples needs and strengths, Respecting Diversity and promoting recovery in support of your working practice. Identifying clients needs and strengths, respecting diversity and promoting recovery are part of my volunteer role, playing an important part in the treatment process and the service of Addaction. How they are identified, the reason they are used and their role in the clients journey will be incorporated in explanatory statements and reflective passages using Schà ¶ns Reflection on Actions (1983 as cited in Powell 1989). Identifying a clients needs and strengths is achievable through assessment and working in partnership. Assessment is the main tool used to identify needs and strengths, matching the type of therapeutic intervention and intensity with the needs of the client. Assessments, though part of initial screening, are on-going processes, needs change and without continual monitoring and reassessment throughout treatment, support and interventions can become unengaged to the individuals requirements. Effective assessments direct the implementation of comprehensive care and support, bearing relation to the effectiveness of treatment and positive outcomes, benefitting clients, especially those with complex needs,. Where assessment must be done by numerous services, partnership across disciplines ensures continuity of treatment and support provided. Identifying needs and strengths determines the direction of treatment, implementation and options available to clients, their suitability and required skills inclusive of wrongly focused skills and limitations. It enables treatment to be client focused and adaptable increasing the successfulness of that process. Motivation of current and future actions and intentions can be identified from a clients needs and strengths, empowering the client, giving appropriate support and access to services. Interventions must be bases on the motivations of clients, promoting engagement in services at the most appropriate level to achieve their goals. The process of identifying needs and strengths is as important as the implementation of the information gained. Inaccurate or omitted information effects subsequent service actions negatively; this is magnified in treatment outcomes, so competency levels, involvement and explanations of processes must be carefully considered and relative to the client. Using internal frames of reference and sensitivity are important, giving insight into the client situation and needs from a subjective viewpoint, facilitating good communication enables accurate information to be gathered generating effective service actions. The needs and strengths of a client can affect how care plans and actions are achieved and the method in which they are delivered. They enable the client to articulate their goals; immediate, short term and long term and put plans into motion whilst incorporating what they need, what they want and what they are good at. It allows prevention/coping methods to be put in place for skills they feel they lack or are unfamiliar with, reassessment allows feedback of the effectiveness of these strategies. Throughout treatment needs and strengths vary, physical and mental needs can affect positive or negative treatment results and being cyclic the treatment itself can have bearing on physical and mental needs of a client. Therefore continual revaluation both of treatment and needs are important to maintain balance, integrate focus and ensure the relevance of interventions. Reassessment of needs and strengths is a valuable tool, enabling clients to monitor their progress constructively and from both sides of the practitioner/client relationship. This enables adjustments and reflections on treatment, goals and support regularly involving engagement and participation from both sides. In order to achieve an effective system that meets the individual treatment needs of substance misusers, there needs to be in place a process of screening, assessment, care co-ordination and treatment review. (Department of Health, 2002 ,p8) On reflection, when a client is referred to our service a comprehensive assessment is done and identifies needs in different ways. Risk assessments, care plans and goals, aims and objective exercises identify needs and strengths and incorporate them in treatment interventions. Clients are encouraged to examine their needs and reflect on situations regularly, identifying lacking skills and additional needs using personal goals sheets. This helps evaluate treatment, enables a better understanding of aims and strengths, reassesses needs and strengthens partnerships. Ultimately by understanding the needs and strengths of a client social inclusion and recovery is promoted. The assessment and treatment process must incorporate personal, social, cultural and spiritual needs of the clients identity, the assessment and the identification of these needs assists in re- affirming forgotten and unacknowledged needs, in their current lifestyle, to the client. Diversity brings richness of experience, knowledge and understanding of the practitioner and client, developing and generating mutual respect and acceptance. Diversity enables both growth and development, creating flexible views and consideration of alternative values. Open mindedness, positive regard and non-judgemental practices enhance the practitioner/client relationship, stimulating communication and insight, obtaining positive treatment results by acknowledging and respecting diversity. Respecting diversity enables tailored insight into the clients values and principles, treatment respectful of their diversities can be incorporated into care and support, enhancing the experience and outcome. Services have an obligation to comply with current legislation to promoting diversity, avoid discrimination and to acknowledge and compensate for any difficulties or boundaries caused by adopting a strategy positive to diversity. All parts of assessment and care should encompass the individuals needs in relation to diversity. Issues of cultural diversity and the development of culturally competent services are essential ingredients of effective treatment systems. (Department of Health, 2002, p28) Social exclusion through prejudice and discrimination, towards the client, can manifest as conflict, verbal confrontation, perceived accusations or blame initiated by adopting practices disrespectful of diversity. Social inequalities can be highlighted through diversity, acknowledgment of difference and the fear of difference can present challenging and emotional situations. Such situations if respectful of difference can engage, confront and offer insight though must allow for sensitivity and active participation. Respecting diversity within the workforce is especially relevant for those being treated for substance misuse, due to the range of services and providers, from generic health care, social care to criminal justice. A diverse workforce provides a high quality service with specialist skill set and experiences enhancing the treatment process for clients. (Department of Health, 2002, p) Understand and acknowledging diversity was part of my initial volunteer training, incorporating the diversity of clients and services. Our service has many different aspects to it throughout the criminal justice system, respecting the diversity of environments and clients are essential. Diversity training helps me acknowledge and understand environments and clients enhancing my professional relationships and working practices, inclusive of the diversity of the team that I work with. Within my volunteer placement, my two mentors are from different back grounds, one is ex-police and the other is an ex-substance user. They bring different skills, experiences, viewpoints and methods to the role but with the same principles and outcomes, this benefits the clients and myself, giving a richness and diversity to my placement and the clients experience. Recovery is unique to the individual, personalised to the client and subjective. To facilitate recovery it is important to address the values and principles of practitioners and clients, enabling understanding, acknowledgment and providing a service based on the clients needs. In order for change to take place, using The Cycle of Change Model (1982 as cited in Davidson, R. 2002), external situations, goals, needs and strengths must be identified, even with the integration of multiple issues, each must be considered on individual merit. Facilitation of change needs to be done by empowerment of the client, enabling the understanding of issues and implementation of coping strategies to be achieved. Recovery is seen to be an outcome of treatment, though in reality it is a sequence of events, inclusive of vulnerabilities and breakdowns that determine breakthroughs and achievements. Often these setback are vital opportunities to grow, learn and change, facilitated by the practitioner, determined by the clients own choices, actions and goals. Clients are experts in their own recovery and experiences, participation must be promoted around this knowledge and insight gained to deliver tailored programmes of care. To achieve recovery focused outcomes, the treatment system needs to become more responsive to individual needs. (NTA, 2010, p5) Recovery may differ in interpretation inclusive of reduction, maintenance, stabilisation or abstinence based goals, each determined by the client and of equality importance. Recovery includes the implication of health education, risk prevention and harm reduction methods, drug use though not desired is possible and recovery though achievable may not be permanent. Constant assessment, reassessment and reviews are vital during the recovery process, addressing multiple topics and reviewing interventions, time to investigate and explore is necessary to facilitate change. To facilitated change the programme of care must adapt and respond, promoting and believing in recovery. Hope is vital enabling the client to see that outcomes are achievable, hope and belief in the clients potential is vital to change and the success of implemented care. There is always hope of recovery and it is vital to communicate that from the start in all mannerisms. (Stickley Basset, 2008, p133) On reflection, our treatment programmes have time constraints and though the foundations of recovery and the cycle of change are implemented full recovery occurs outside our service. Our perception of recovery within our service is the identification of needs and strengths, the beings of change, hope and the belief that a client is beginning on their journey with the tools, goals, the service support required to achieve their individual recovery goal. To conclude strengths and needs, respecting diversity and promoting recovery are all vital parts of the treatment process, each facilitating and supporting the recovery process. Each is interconnected and interdependent in the implementation of care, treatment and the facilitation of recovery. The successful implementation of each of these positively influences the possible treatment outcomes for the client. Strengths and needs require on-going assessments and include respecting diversity within aims and interventions, which is part of promoting unique recovery, enabling and empowering clients to achieve their desired goals. 1584

Friday, October 25, 2019

Astronomy Essay -- essays research papers

Astronomy Astronomy is not just about the stars. Astronomy is about the constellations, the nine planets, the sun and the moons. The solar system is very complex and has many extraordinary objects.   Ã‚  Ã‚  Ã‚  Ã‚  There are four different types of stars: Protostars, Bright Stars, Red Giants, and White Dwarfs. Protostars are stars that are on the verge of being born. They are glowing clouds of dust and gas. Gravity pulls on every atom moving them towards the center of the cloud of dust, which causes the Protostar to collapse. Over a period of twenty million years the star begins to form and 10 million years after the pocket of gas was formed, a star is born. The second types of stars are called Bright Stars. They are formed when the new star has completed about 35 million years of its life cycle. A star’s life cycle is a lot like a human’s life cycle, except a star’s years are in millions. When a star is about 10 million years old it is in the same stage on average as a regular human that is about twenty years old. The birth and death rate of stars is called Stellar Evolution. A Bright Star is made when nuclear fusion doubles the size of the star. The third types of stars are called Red Giants. They are made because the outward flow of the star’s core energy stops. Gravity then steps in and squeezes the star to make it decrease in size. The core of the star’s heat increases and it starts releasing small amounts of energy, the energy holds a large amount of hydrogen gas. The star then begins to grow larger, but it does not get brighter. As a result of the sudden and fast temperature drop, the star’s color changes from blue-white to a red color. Most Red Giant stars have been found in groups called Globular Clusters. Globular Clusters are groups of up to one million stars that move through space. The fourth type of stars are called White Dwarfs. When a White Dwarf is made the star begins cooling off. As a result of cooling, the outer gas layer spreads out. The star’s temperature drops and makes the gas layer spread out even more. Eventually, the outer layer spreads out so far that the gas layer separates from the star. Then, a Planetary Nebula (cloud of glowing atoms), moves in all directions. The star’s core isn’t giving out any more energy and is to the point of collapsing slowly. All of the matter that the star had in the beginning is still there, but it ... ...on. Orion was an ancient Greek hunter and warrior. The constellation Orion shows him caring a club shield, and a sword dangling from his belt. Orion has more Bright Stars the any other constellations. The two brightest stars in it are Betelgeuse and Rigel. Betelgeuse is Orion’s shoulder and Rigel is his foot. Cassiopeia is another well-known constellation. "Cassiopeia is a group of stars, the brightest which form a large W in the northern sky." (Miller, 10). Cassiopeia is found next to the Big Dipper and Orion. Its shape is an exact M or W, formed with the five bright stars. "The mythic Cassiopeia was an Ethiopian Queen." (Miller 10). Constellations are probably the most interesting thing in the solar system. Most people look at them as an exciting look at the mythological part of our solar system, and others think that they are just another interesting part of the night sky.   Ã‚  Ã‚  Ã‚  Ã‚  The Universe is something no one can explain. Our Galaxy is one of the countless galaxies dotted throughout the Universe, like islands in a big ocean. Many objects in the Solar System have yet to be discovered and may never be, but it will always be there and may never change for generations to come.

Thursday, October 24, 2019

Mexico †Tax Measures on Soft Drinks and Other Beverages Essay

The Mexico- Soft drinks case was an important case based on the sweetener’s trade market in North America. This case note will try to summarize the facts of the case in order to analyze the issues raised by it. Following, we try to expose the reasons why Mexico decided to implement tax measures as a response to the United State’s refusal to submit their dispute to the North American Free Trade Agreement (NAFTA) dispute settlement panel. And last, give a brief opinion on the issues and the way they were upheld along the case. Since January 2002, Mexico imposed a twenty percent tax on the sale and distribution of soft drinks and other beverages that used any sweetener other than cane sugar, including, and specially, high fructose corn syrup (HFCS). The United States is the primary supplier of almost all the HFCS used to sweeten beverages in Mexico, and on the other hand all the beverages sweetened with cane sugar use domestic product. In March 2004 the United States requested consultations with Mexico regarding Articles 1 and 4 of the DSU and Article XXII of the GATT 1994, with respect to these tax measures imposed by Mexico. And on 10 June 2004, the United States requested the WTO to establish a panel pursuant to Article 6 of the DSU. The United States claimed that Mexico had violated the provisions stated in GATT 1994 Article III. The Dispute Settlement Body established the Panel on 6 July stating the following, as purpose of the establishment of the panel : â€Å"To examine, in the light of the relevant provisions of the covered agreements cited by the United States in document WT/DS308/4, the matter referred to the DSB by the United States in that document, and to make such findings as will assist the DSB in making the recommendations or in giving the rulings provided for in those agreements. † Canada, China, the European Communities, Guatemala and Japan participated in the panel as third parties. Relevant Facts regarding the case: The tax measures imposed by the Mexican government were: a) twenty percent tax on the transfer or importation of soft drinks and other beverages that use any sweetener other than cane sugar, b) twenty percent tax on services such as: agency, representation, brokerage, distribution, etc. when transferring or importing beverages sweetened with any kind of sweetener except for cane sugar, c) and some other requirements imposed to taxpayers regarding the above mentioned taxes. High fructose corn syrup (HFCS) comprised one hundred percent imports of sweeteners from the US to Mexico and cane sugar is a domestically produced product that comprises ninety five percent of Mexican sweetener production. Considering the fact that the â€Å"soft drink tax† did not apply to beverages sweetened with cane sugar, it is pretty clear that Mexican sugar production industry was being favored by the imposition of these measures. Articles I and III of the General Agreement on Tariffs and Trade 1994 (GATT) talk about the non-discrimination on like products. More specifically Article III establishes the national-treatment rule, which seeks the equal treatment to domestic and products imported from other states, establishing criteria such as: â€Å"No domestic laws should be applied to imported products to protect domestic producers from the competing â€Å"like† products. And imported products should receive treatment under national laws that â€Å"is no less favorable† than the treatment given to like domestic products†. United State’s claims: The issues concerning provisions established on Article III of the GATT 1994 that were claimed by the United States were the following: (i) imposing an excessive tax on an imported product compared to taxes applied to a â€Å"like† domestic product, (ii) imposing a tax to an imported product that is directly competitive or substitutable with a domestic one that is â€Å"not similarly taxed†, (iii) imposing a law that affects the internal use of imported HFCS, treating an imported product in a â€Å"less favorable way† compared to products of national origin. So the United States requested the Panel to consider the violations on the imposition of these challenged tax measures. The above-mentioned issues concerning the imposition of soft drink taxes, distribution taxes and bookkeeping requirements were adopted by Mexican legislations by virtue of a decree that reformed the Mexican Special Tax Law applicable to Production and Services as well its Regulations and also the Miscellaneous Fiscal Resolutions of years 2003 and 2004, in order to incorporate the taxes subject to this dispute concerning soft drinks and beverages that use any sweetener other than cane sugar and its distribution and special requirements. So these legislative bodies are also the issues and subject matter to the dispute. Mexico’s requests to the Panel: On the other hand, Mexico requested the Panel to decline the exercise of its jurisdiction and suggested to submit their dispute to an Arbitral Panel in accordance to NAFTA, based on the Shrimp Turtle decision where the WTO recommended that the parties should resolve their difference according to the Inter-American Convention, so both states could resolve their concern with respect to the sugar trade between them. That way, Mexico could claim market access to the United States and the compliance of previous Treaties between them and the United States could also submit its claims regarding tax measures adopted by Mexico. The Panel decided to proceed and exercise its jurisdiction, so Mexico requested for them take into account its particular condition and that as a developing country some â€Å"special treatment† exceptions could apply to their situation. So the Mexican measures could be justified under this understanding and also under Article XX of the GATT. Mexico also requested the Panel to consider the NAFTA framework while resolving and formulations their recommendations. â€Å"Mexico explained that its tax on sweeteners was a necessary measure to secure U. S. compliance with NAFTA in granting access for Mexican sugar to the U. S. market†. Statements considered by the Panel: HFCS-sweetened and cane sugar-sweetened soft drinks are â€Å"like† products in accordance to what is established on GATT Article III:2, first sentence for having virtually identical physical properties, end-uses and tariff classifications and are equally preferred by consumers based on surveys applied by the US. Therefore; The HFCS soft drink tax and distribution tax are inconsistent with GATT Article III:2, first sentence. The imported product (HFCS) and the domestic product (cane sugar) are â€Å"directly competitive or suitable products† that with the tax measures imposed by the Mexican government were not being similarly taxed in order to protect Mexican’s domestic production, consequently; there was no doubt that Mexico was infringing its obligations under GATT Article III,2 second sentence. Based on these statements the WTO Panel rejected Mexico’s petitions and favored the United State’s position. The Panel stated that Mexico was not empowered to take measures in order to â€Å"secure compliance† to induce another Member to comply with obligations owed to it under a non-WTO treaty. , it also resolved that that International Treaties such as NAFTA were not covered in the exceptions established in GATT Article XX (d), and also that the â€Å"laws or regulations† covered in exception of Article XX(d) of the GATT 1994 do not include NAFTA (which is an International Treaty) as part of them, and last, that the measures adopted by Mexico â€Å"were not necessary to secure compliance† to previous agreements to the United States. In December 2005 Mexico appealed the Panel’s decision based on exceptions provided on GATT Article XX(d) and arguing that the Panel failed to make â€Å"an objective assessment of the facts†, as required by Article 11 of the DSU but still, the Appellate Body upheld the Panel’s conclusions and rejected Mexico’s claims. Considering the stated facts, there is no doubt regarding the violation of the GATT Article III by the Mexican government on the establishment the soft dink tax along with distribution tax and other requirements imposed to taxpayer on this matter, but I firmly believe it is important to consider the reasons why the Mexican government was lead to implement these radical measures considering the United State’s non-compliance with obligations established in the NAFTA. One of the main reasons why Mexico implemented the soft drinks tax measures was the United States’ incompliance with market access agreements on sugar trade established on NAFTA, while US export of HFCS to Mexico were substantially increasing. The United States continuously refused to submit to NAFTA dispute settlement while still enjoying the benefits of the agreement regarding sugar trade. Before Mexico decided to take tax measures, it tried to resolve the dispute regarding the scope and meaning of provisions in the NAFTA governing sweeteners, but no dispute settlement forum seemed to be able to hear about the case, they needed the cooperation of the US for the integration of the panel and the United Stated did not cooperate. Importance of the Mexican Sugar Industry The sugar industry it’s a growing sector of the Mexican economy. According to NAFTA agreements, Mexico had an expectation for it to would be competent to export very high quantities of sugar to the United State’s market, but the US never acknowledged what they had agreed by virtue of two letters negotiated between the two states after NAFTA, so there was a confusion on the volume of sugar that could be exported from Mexico to the US. In the mean time, US exports of HFCS to Mexico were increasing and that was reflected on a reduction on the domestic sugar market. So with this background it is now easier to understand the reason why the Mexican Congress decided to impose â€Å"soft drink taxes† in order to balance the situation and try to bring the falling Mexican sugar industry to an equilibrated position in the market so that the sugar that could have been exported to the United States, could now be sold in the domestic market. But it is understandable that even if the United States did not comply with its NAFTA obligations, there is no justification a WTO member to violate its WTO obligations in order to punish another member for not complying with its obligations under an international agreement like the NAFTA in this case. Analysis of relevant issues regarding Mexico’s initial petitions More than criticizing I would like to analyze two of the petitions made by Mexico to the WTO Panel along with the Panel’s and Appellate Body’s responses to those petitions, more specifically determine if a Panel is entitled to decline to exercise its jurisdiction in an issue presented before it. As well as Mexico’s petition to the Panel to consider the NAFTA framework on its resolutions, this leads me to questioning if the Panel can actually exercise its jurisdiction based on other international agreements, and if so, to what extent? The Panel immediately refused Mexico’s petition to decline to exercise its jurisdiction on this case. It seems very obvious that if both parties were subject to an International Treaty such as NAFTA, which regulated the sugar trade between them and they were having conflicts regarding this sector, those issues should have been heard by a NAFTA Panel. But the answer to this issue relies on the Appellate Body’s argument that according to the Dispute Settlement Understanding (DSU) a panel with jurisdiction could not decline to exercise it at all without some legal impediment because it would be contradictory to articles 3. 2, 7. 1, 7. 2, 11, 19. 2 y 23. So according to the Appellate Body’s Report Paragraph 52: A Member is entitled to initiate a WTO dispute whenever it considers that â€Å"any benefits accruing to [that Member] are being impaired by measures taken by another Member† implies that that Member is entitled to a ruling by a WTO panel. The Appellate Body also stated that the issues claimed by Mexico regarding the agreement on NAFTA were NAFTA-based issues related to market Access, that did not necessarily under lapped with the issues claimed by the US that violated Article III of the GATT 1994 with respect of the imposition of soft drink taxes as well as distribution taxes, which in my opinion makes sense but it is clearly an disadvantaged position for Mexico since it would have needed cooperation from the United States in order to constitute a panel that could hear and resolve those NAFTA- based issues. In these I agree, so I think we cannot blame this matter on the Panel or Appellate Body of the WTO, since they just complied with their work and obligation to bring protection to the Members when they considered to be entitled to a ruling from the WTO for being effected by measures taken by other members that are subject to the WTO jurisdiction. So the main problem here is not the decision of the WTO to continue hearing the case, as they were just performing their work, but the way the United States managed the situation, only claiming the actions that directly affected their market and economy without obeying their obligations under an International Treaty or at least making an effort to clarify on the misunderstandings related to them, so Mexico could also be beneficiated from the importation of sugar to the united States. The second matter in question is whether the Panel can consider International Agreements on its resolutions and of so, to what extent? Article 3. 2 of the Dispute Settlement Understanding (DSU) states that the WTO dispute settlement system â€Å"serves to preserve the rights and obligations of Members under the covered agreements, and to clarify the existing provisions of those agreements†. There could be circumstances in which the Panel or Appellate Body would have to determine for its own purposes as to whether the United States acted consistently with NAFTA, not to determine its rights under NAFTA or to punish them for non-compliance but to take it in account in their determinations and as a preliminary step in WTO ruling. WTO Panels and Appellate Body cannot definitively determine rights and obligations under non-WTO agreements; they can refer to and analyze such agreements as long as it serves to determine rights and obligations under the WTO agreements. This is a very clear statement that clarifies the situation as it should be seen in every case the WTO can always take into consideration obligations that arise from other international agreements between countries subject to a dispute, as long as they relate to the dispute and to rights and obligations related to the WTO. I believe the most important issue raised on the present case relied on the contradiction between an International Treaty and the WTO regulations whereas from the International Law perspective the Tax measures imposed by Mexico seemed fair since the United States was not complying with obligations established under post- NAFTA negotiations so the US was challenging an international obligation derived from an International Treaty (NAFTA). Nevertheless, these fiscal measures are violations from the WTO perspective. What Mexico was seeking with the imposition of these tax measures was to enforce an equitable defense in a way of â€Å"clean hands doctrine† in the understanding that the United States was acting unethically by avoiding the conformation of a NAFTA panel, while being the principal importer of sweeteners in Mexico. It just seemed really unfair for Mexican sugar market to be affected by the exportation of United State’s high fructose corn syrup and other sweeteners, when Mexico was not being able to enjoy the benefits from their previous agreement under the NAFTA. But the measures adopted by Mexico were perhaps not the best, since a state is not empowered to attempt against its WTO obligations in order to try to force another state to comply with its obligations under a non-WTO international agreement. And as stated above, despite the controversies arisen in this case, I do not think there is a problematic within the WTO and its jurisdiction or the way they resolved the case, I would say that if the United States would have observed its obligations under the NAFTA or at least tried to cooperate in order to resolve their differences and came to an agreement on the sugar trade, Mexico would have never had to take this radical and GATT-violating measures, still, it is not justifiable for it to have done so. As to the recommendations that raised from this case, on May 2006 the Executive Branch of the Mexican Federal government sent to the Permanent Commission of the Union Congress which is the maximum authority regarding legislations, a reform project in order to overturn the legal dispositions on the Mexican Special Tax Law applicable to Production and Services regarding soft drinks taxes so as to comply with the recommended on the Appellate Body’s resolutions. UNITED STATES, Mexico- Tax Measures on Soft Drinks and Other Beverages , Request for Consultations by the United States, WT/DS308/1, March 18, 2004. [ 2 ]. UNITED STATES, Mexico- Tax Measures on Soft Drinks and Other Beverages , Request for the Establishment of a Panel, WT/DS308/1, June 11, 2004. [ 3 ]. UNITED STATES, Mexico- Tax Measures on Soft Drinks and Other Beverages , Constitution of the Panel Established at the Request of the United States, WT/DS308/5/Rev. 1. August, 25 2004. [ 4 ]. http://www.iisd. org/trade/handbook/3_4_1. htm, International Institute for Sustainable Development. Environment and Trade: A handbook. The basics of the WTO. The key agreements, with a special consideration of those related to the environment. 3. 4. 1. The General Agreement on Tariffs and Trade, 1994 [ 5 ]. http://www. usitc. gov/publications/332/journals/corn_sweeteners. pdf, Kornis, Magda, United States international Trade Commision, Journal of international Commerca and Economics, Web version December 2006. [ 6 ]. UNITED STATES, Mexico- Tax Measures on Soft Drinks and Other Beverages , Report of the Panel, WT/DS308/R, Paragraph 8. 134. [ 7 ]. Report of the Panel, Paragraph 8. 78. [ 8 ]. Panel Report, Paragraphs 8. 170 to 8. 181. [ 9 ]. Mexico- Tax Measures on Soft Drinks and Other Beverages, Notification of an Appeal by Mexico, WT/DS308/10, December 6th 2005. [ 10 ]. Appellate body Report, Paragraph 82. [ 11 ]. Appellate Body Report, Paragraph 47. [ 12 ]. Appellate Body Report, Paragraph 56. [ 13 ]. J.Davey William and Sapir Andre, World Trade Review / Volume 8 / Special Issue 01 / January 2009, pp 5 -23 DOI: 10. 1017/S1474745608004151, Published online: 06 March 2009, page 18. [ 14 ]. 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Wednesday, October 23, 2019

Sociology and Bathing Suits

April 02, 2013 2. Why are the three girls out of place in the A&P? How do the different persons in the shop react to them? The three girls are out of place in the A&P because they are wearing bathing suits in a town that is five miles away from a beach. The A&P is located in the center of a small town near two banks, a congregational church, the newspaper store, three real-estate offices, and dozen freeloaders tearing up one of the town streets. Many people in the town have never even been to the beach so it is very uncommon to see people walking around in bathing suits.Most women in the town usually wear shirts and shorts when walking outside. The girls are put extremely out of place when choosing to wear the bathing suits. The people at the shop reacted differently when viewing the girls in their bathing suits. The most popular reaction the girls got were from guys. Many of the workers and guys kept staring at the girls since they were young, provocative, and in bathing suits. The other type of reaction the girls got were from â€Å"sheep† and â€Å"houseslaves†. They quickly glanced at the girls and got back to their shopping with shock. They didn’t know if what they saw was real.The girls surprised many of the people at the shop. 3. How does Updike inform us of the difference in social class between the clerk and the girls? What role does this difference play in the events and the meaning of the story? Throughout the story Updike informs us of the difference in social class between the clerk and the girls. Updike illustrates the girls to be confident, independent as well as sexually powerful. On the other hand Updike illustrates the clerk to be immature, and disrespectful. Sammy is viewed to be stuck in the world of A&P, which is filled with rules and regulations.The girls are viewed to be stuck in a world of freedom and choice. At the end of the story the clerk sees how different the girls and him are in social class. He imagines Queen ie with her family drinking cocktail, eating herring snacks with white jackets, and he sees his family drinking lemonade and cheap beer. The difference in social class helps the clerk to realize that there is more to life than being stuck in a shop all his life. Viewing the girls and the type of social class they are in helps the clerk to push forward and do more with his life. His first step in succeeding his new goal is quitting A&P.