UK Identity Cards and Civil Liberties

UK indistinguishability Cards and elegant LibertiesThe entre of individuality card game in the UK infringes upon our homophile reclaims and urbane liberties whilst genuinely doing very little to anticipate abomination and act of terrorism Discuss limit AbstractIntroductionChapter One Surveillance as a kernel of offence dis whollyowion replication terrorism1.1 Is watch needed for shame pr chargetion?1.2 Is command needed for snack bar terrorism?Chapter Two change magnitude surveillance the viability of selective training guardianship2.1 entropy remembering and individuality separate2.2 Is selective randomness property a positive thing?2.3 The stretch of information retentivity pattern of right-hand(a)sChapter Three Has the intromission of the identity cards intention armed serviced to split psyche human rights and civil liberties regarding secretiveness in the akin appearance as other forms of surveillance?3.1 The right to personal loneliness3.2 atomic emergence 18 human rights and civil liberties efficaciously prize domestic whatsoever last(predicate)y?3.3 How far is the right to personal privacy recognised in law?3.4 How does the ICA 2006 fit into sagaciousness human rights and civil liberties?ConclusionBibliographyThe aim of this study is to consider whether the initiation of identity cards in the UK would indeed infringe upon our human rights and civil liberties, whilst as well as prospecting to determine whether it would actually be an takeive r fall oute of combating crime and terrorism. Therefore, this paper forget look to consider the enactment of the Identity Cards Act (ICA) 2006 and the problems that atomic number 18 uniformly to arise from the introduction of the proposed lineation. Then, it impart also be essential to consider the background to the enactment of the ICA 2006 by putting this development into context with a consideration of Closed term of enlistment Television (CC TV) and the development of info retentivity surveillance techniques apply to store up randomness about batch with the aim to prevent crime and counter terrorism.However, this paper will also look to recognise the legal abstract thought employ to bonnyify this conformation of surveillance and information gathering that, although inverse to the recognition of the human rights and civil liberties of some angiotensin converting enzymes, is considered necessary to guard the interest of connection as a whole against the threat of terrorism and real crime. But, at the equivalent time, this paper will also recognise this kind of surveillance whitethorn actually be doing very little to counter terrorism and serious crime and is not only br to each oneing concourses recognised human rights and civil liberties, but also felonizing the population and breaking the law in the process. Then, finally, in summation it will be necessary to look to conclude with a balanced and logical over ascertain of this discussion legally derived from an rationality of the issues covered to personate a reasoned expression regarding this issue.At the revoke of 2006, principle was passed domestically in this country in relation to the introduction of identity cards end-to-end the UK in the form of the ICA 2006 as a means of crime saloon and counter terrorism. But, interestingly, in spite of its simply noble intentions, the ICA 2006 is seen by many as only enabling legislation that merely caters the legal modeling about which the scheme of identity cards is to be developed and it does not purport to provide details of any aspect of the schemes overall operation1. This is beca phthisis the Act itself proposed the use of biometric identity cards2 to establish and fight down a entropybase of information called the issue Identity Register (NIR) on all individuals surely residing within the UK in support of ongoing efforts to help prevent terrorism or serious crim es from occurring3 by allowing for an easy means to reckon and prove an individuals identity4. Therefore, the enactment of this legislation meant both mystical and personal companies could regain this register to confirm an individuals identity or simply check the accuracy of their information.However, this constitution is not without its problems. This is because whilst sectionalisations 19 and 23 of the ICA 2006 only permit overture to recruits without consent if it is in the interests of content shelter or for thinks connected with the barroom or detection of crime, the legislation allows for information to be added without the individuals knowledge with the aim of eventually having fifty pieces of an individuals personal information on their card that would then be stored on the aforementioned selective informationbase with the NIR5. But despite the item many critics press the NIR will allow the government to monitor and record al nearly every aspect of a persons b read and butter, al closely all of the information listed in Schedule 1 of the ICA 2006 as macrocosm required that includes sig spirit, buck from a passport, name and address (both current and previous), date of birth and discipline insurance number for this purpose is already in the governments possession and everyone has the right to see what information is held about them.Nevertheless, on that point is a solicitude that hackers are bound to attempt to gain access to the NIR database in the homogeneous way as in the US, in April 2005, when it was reported reed Elsevier may have accidentally released the personal information of 310,000 US citizens during 59 separate criminal incidents6. It is perhaps little wonder then that the scheme to be developed nether the ICA 2006 has led to a great care for of criticism from various organisations. Economists, in item, have argued that such a scheme would be excessively expensive for what they believe to be fair express mail resul ts in fool of the fact that whilst government estimates have put the make up of the schemes introduction alone at about 6 billion pounds7, a group of analysts at the London School of economics consider the figure to be closer to 18 billion that must(prenominal) ultimately diminish out of the publics pocket through taxation8.Therefore, whilst the use of identity cards brought about by the enactment of the ICA 2006 could be considered the latest advancement of surveillance technology with the consistent aim of preventing crime and counter terrorism, oppugn marks remain over whether this kind of policy is an acceptable tool in view of the need to recognise individual human rights and civil liberties9. But this is not the first time that the legitimacy of surveillance has been called into question, despite its aims to prevent crime and counter terrorism, so it is necessary to look to consider whether the use of this kind of surveillance technology has achieved anything in this regard.Every man should know that his conversations, his correspondence, and his personal life, are indeed confidential. Lyndon B Johnson 1908-1973 President of the United States of AmericaIn spite of Lyndon B. Johnsons view ostensibly in support of Mill10, the use of surveillance techniques has become more and more widespread with the passing of time because technology in this area has march on at such a pace that even the public at large is becoming ever more aware that surveillance no longer simply refers to the work of spies in Ian Fleming novels. The word itself in cut literally means watching over11 and, in this context, refers to all forms of reflexion or observe of some other for public or common soldier purposes. Now, however, most concourse are aware such techniques are utilize by law enforcement agencies, business and even reclusive individual so as to gain useful information in relation to the activities of suspected criminals and terrorists where a threat i s perceived leading to an eventual arrest where it is warranted12. In particular they are usually most commonly aware of the use of CCTV cameras on buildings and in shops. But the use of identity cards is just another means of surveillance as its production and use will efficaciously act like a form of tracking whereby the government activity and personal and public organisations will gain yet another insight into the clannish lives of individuals by creating a verifiable document trail that the authorities foundation follow.1.1 Is surveillance needed for crime prevention?The UK leads the world in the minginess of public surveillance devices to people13. This is because, about ten years ago, the UK government used 150 million each year to develop a grummet Television (CCTV) network well-nigh the country14 so that the industry grew exponentially throughout the 1990s so, by 2003, at least two and a fractional million cameras could be found in this country15 that continues to i ncrease at around 20% per year16. The net effect is substantial. It is widely believed everyone in London is caught on camera at least three hundred times each day17 and very often these cameras do not just watch and record us, but also use facial recognition software to see subjects against a criminal database18.Although statistical show up is fairly limited in relation to the effectiveness of surveillance technology in view of the fact there is usually practically more to crime prevention and counter terrorism19, the authorities downplay this negative element and emphasise the positive where a protection issue of national significance is re resolved. Such a view is effectively illustrated by the fact whilst the police review of CCTV tapes played a meaningful role in identifying a suspected terrorist handler knotted in the bombing of Kings Cross in July 200520, there remains a overabundant view that, if anything, crime levels have stayed the same or even increased despite th e widespread installation of CCTV cameras.National statistics have shown that, whilst around three quarters of the Home Office crime Prevention budget has generally spent on CCTV, a panoptic review has revealed the overall reduction in crime was only around 5% by 200221 and has continued to make small incremental reductions across the country ever since22. But as a stark mark of the achievement of CCTV in preventing crime, a parallel arrangementatic review found that avenue lighting saw a reduction in crime of 20%, whilst CCTV cameras usefulness is then further marked against because it is lowstood that only around 3% of all street robberies in London are solved using CCTV footage23.Interestingly, however, in Portsmouth the City Council released crime statistics for the first three months of 2008 that showed that of 1384 save incidents this led to 346 arrests that were recorded by the network of 172 CCTV cameras in Portsmouth and marked this out as mark of their usefulness as crime solving tool24, whilst, in Newham, police claimed an 11% scratch off in assaults, a 49% drop in burglary, and a 44% drop in criminal damage25 where cameras were installed26. However, as well as possibly being merely an aberration in our understanding of the overall usefulness of CCTV cameras and surveillance technology as a whole, the source of the statistics is a branch of government. Therefore, unfortunately, this may mean the results have been embellished to present CCTV as being a good use of public bills and, even where this is not the representative, the police may have made the same number of arrests anyway so that it is fairly surprising that the cameras have such support to enforce the law27.1.2 Is surveillance needed for counter terrorism?However, since the tragical events of 9/11 in the US, such action is also justify because it is arguable this led to the establishment of a renewed approach to surveillance in the interests of national and international securi ty across the world. Therefore, 9/11 effectively served to reveal terrorist groups had organised themselves transnationally making it stiffer to trace them using traditionalistic surveillance techniques28. As a result, whereas in the past, terrorist groups could be readily reason by reference to territory, this is no longer the case because, organised on a global scale, these loosely affiliated cells can operate simultaneously in various States. This is because they are not unified by a single vertical command but horizontally29 by using modern font communication and transportation technology, whilst the integration of financial markets also facilitates their mobility and range of targets without claiming a particular territory as home30.On this basis, globally, countries realised they had a shared interest in enhancing international co-operation to fight terrorism because of the fear groups may be in possession of non-conventional weapons such as biological, chemic and nuclea r31. Therefore, the international community must work unitedly because such a threat cannot be vanquished by single States alone32, as the UN recognises certain States being otiose or unwilling to prevent or stop the profession of such weapons means the ability of non-State actors to traffic in nuclear strong and technology is aided by ineffective State control of b effectuates and travel through weak States33. Clearly, the international community must hold together to find effective solutions because, although 9/11 undoubtedly showed the world that even the leading democracy was not safe from terrorist attacks.Whereas in the past a series of diplomatic, economic and financial measures nationally to fight terrorist structures34, to multiply the effect of such measures, States agreed to co-operate internationally by using treaty law with around a dozen multilateral conventions on anti- and counter-terrorism35. Therefore, in theory, no terrorist activity would go unpunished36. Bu t the UN has struggled since its inception to formulate an effective response. On the one hand, it has provided a solid international legal framework for combating terrorism via the adoption of terrorism- resuscitated treaties by the General Assembly and UN agencies. But, on the other hand, the UN has been unable to reach agreement on a definition of terrorism that outlaws all indiscriminate attacks against civilians and circumvents the need to recognise the human rights and civil liberties of the public at large, so more than twenty different parts of the UN system administer with terrorism in one form or another37.However, in europium it was not until the 2004 train bombings in Madrid that the EU looked to take significant action to counter terrorism and prevent serious crime. This is because those investigating the attacks in Madrid discovered tele communication theory played a significant role in planning of the attacks because they were co-ordinated by mobile phone and via th e Internet. Unfortunately, however, at the time of the attacks the Spanish authorities had only limited access to help to telecommunications networks in entrap to further their investigations when more traditional methods of surveillance associated with the aforementioned use of CCTV were somewhat lacking38. This is because with the advancement of technology in this area, traditional surveillance has been made somewhat redundant by the use of Internet so that, in order to be able to effectively prevent serious crime and counter terrorism in the modern age, there is a need to expend data retentiveness technology.Chapter Two Increased surveillance the viability of data retention2.1 information retention and identity cardsOn this basis, the original plea for the ICA 2006 identity cards scheme was the supposed need to combat the serious problems of illegal working and identity fraud. This is because the government estimated identity fraud amounted to a 1.3 billion annual loss to the UK economy39, and the governments first credit paper in this area specifically eschewed many of the claims for identity cards that some other advocates suggest they would bring such as combating terrorism, make fraud and crime more generally40. However, the draft legislation clearly presented the identity card as a device with which to combat terrorism, whilst the 2003 governments white paper41 emphasised the use of identity cards as an effective tool. According to Privacy International, government ministers in the UK have argued in place interviews that, although the 2001 New York and 2004 Madrid42 atrocities had been committed by people with valid US documents and Spanish identity cards respectively, many other terrorists use false identities and they also claimed the quality of the database underpinning the British scheme would be much juicyer than the Spanish.2.2 Is data retention a positive thing?Nevertheless, aside from the more specify temperament of the identity cards scheme proposed in the UK under the ICA 2006, this kind of data retention has previously proved to be a very positive thing that has served to enhance the lives of those living within our society. As most people are aware, such technology is already being used in the form of services that text details of the closest eating place based on a mobile phone location when your hungry, or help to pick an exit at the next roundabout when you are lost can be very useful. But any retention of collected data is also very negative because the advantages of technology come at a price, since one persons enhanced information can invade anothers privacy43. This is because an individuals right privacy is becoming increasingly susceptible to the advancement of technology with the introduction of wiretaps, biometrics, and video surveillance cameras all each having the potential to erode privacy44 in the same way as identification cards, whilst digital interactive video technology may even soon tell advertisers exactly which programs people view in their homes45.Therefore, such advancements are clearly both dependable and frightening46. This is because it is commonly understood that no modern technology derived from the development of telecommunications poses a greater threat to privacy than the Internet47 by allowing researchers to collect data much more cheaply and efficiently48 because what once took a great many old age hard labour can now be accomplished with a keystroke49. But it is also important to appreciate that the skirt of the selective information store Directive50 effectively allows EU penis States to synchronise their laws so all telephone companies and ISP companies within each and every EU Member State are obliged to retain details on all electronic communications for up to two years for the purpose of investigating, detecting and prosecuting serious crimes51.2.3 The scope of data retention lawsThe main categories of data generated and processed to be contain under the Data holding Directive regarding communications are the retention of data to (a) trace and identify its source (e.g. caller) b) identify its destination (e.g. number dialled) (c) identify its date, time and duration (d) identify its type (i.e. network or service used) (e) identify equipment (i.e. means) (f) identify that equipments location and (g) regarding unsuccessful calls52. But this is somewhat controversial because unsuccessful calls occur where a telephone call has successfully connected, but has not been answered53. However, whilst no data regarding the content of the communications is to be retained54, EU Member States should also ensure datas security is respected as a reflection of equivalent provisions for the tribute of personal data in the Data Protection Directive55. This is because, through measures to protect data against accidental or unlawful destruction, accidental loss or alteration, or unauthorised or unlawful storage, processing, acces s or disclosure56 of data is accessible by authorised personnel57.As part of this process, EU Member States must also have measures in place to ensure any criminal access to or transfer of data retained under the Data Retention Directive is punishable by effective penalties58. Therefore, the Data Retention Directive provides only data retained should be provided to the equal national authorities in specific cases59, but fails to recognise which authorities are likely to be competent and the reasons why such data may be accessed. This effectively means this could lead to uneven access to data across the EU because there is no definition of specifically authorised personnel or law enforcement authorities, but oblige 9 recognises each Member State must designate one or more public authorities to be responsible for monitoring the application of the Directive regarding security of stored data.Therefore, in the UK, the Home Office has looked to stretch out a set of draft Regulations in the form of the Data Retention (EC Directive) Regulations (Regulations)60 to effectively implement the Data Retention Directives nature and scope61. But the Regulations only looked to address the retention of certain call data by telephony companies because EU Member States can delay the Data Retention Directives implementation regarding traffic data for an redundant 18 months until March of 200962. Nevertheless, even before they have been implemented, the UK Regulations also nix to allay the fears raised by human rights advocates regarding the EUs Data Retention Directive because the Regulations remain as unspecific and unrestrictive as the Directive. However, domestically, the authorities have a great deal of experience with the retention of traditional communications data because they have been working with the industry to ensure the retention of this data since 2003, when Parliament first approved the code of practice for the voluntary retention of communications data under P art 11 of the Anti-Terrorism, Crime and Security Act 200163.Nevertheless, whilst the retention of data was voluntary under the Anti-Terrorism, Crime and Security Act (ATCSA) 2001, because it was made in response to the terrorist attacks of 9/11, its voluntary code has served as the foundation for establishing a practical framework for the enforced retention of communications data so the draft regulations provide the next step towards a mandatory framework64. Such a view was supported by the fact that the EU set a high global standard in data privacy protection when it sorry its Data Protection Directive65, which became effective in October 199866, and created such a inflexible legislative approach to privacy67. But the ATCSA 2001 was then amended so that the purpose of such retention became (a) for the purpose of safeguarding national security or (b) for the purposes of prevention or detection of crime or the prosecution of offenders which may relate directly or indirectly to nati onal security68 so the access would then be just for limited purposes.Therefore, it is important to recognise that the UKs Regulations have established provisions to continue with the policy of reimbursing public communications providers their expenditure from adjusting their business practices to comply with the Governments requirements for the retention of communications data. But the interception of communications and the obtaining and disclosure of data relating to them is currently regulated by the Regulation of Investigatory Powers Act (RIPA) 2000 because section 21 recognises communications data does not include the contents of the communications, but that, in the interests of national security, they may still obtain it. Consequently, the Data Retention Directive will effectively serve to augment RIPA 2000 that does not currently require the specific retention of data in advance, but the police are able to serve section 22 (S22) telecommunication companies within the industry for access to the data that they retain.Accordingly, whilst the RIPA 2000 will only permit the interception of communications in the UK by specify bodies in specified circumstances to protect individuals privacy, the longer the data retention period, the greater the period of access that will provided to the authorities in the interests of security69. Nevertheless, ostensibly, it is to be appreciated that the RIPA 2000 is designed to ensure that the relevant investigatory powers are used in accordance with human rights, since it extends the legal regulation of interceptions to cover private networks that are attached, directly or indirectly to a public telecommunications system, and includes anything comprising speech, music, sounds, visual images or data of any description. Therefore, a criminal offence is not committed in the UK if the controller of a private network intercepts a communication in the course of its transmission, but section 1(3) provides that interceptions witho ut lawful authority are still actionable under the remit provided for by the HRA 1998 that is discussed below70.On the basis of this understanding of data retention laws discussed in the previous chapter, it is also important to look to consider whether the scheme for identity cards proposed under the ICA 2006 based on personal data retention as a means of identification will serve to profane the recognition of individual human rights and civil liberties. This is because whilst it would clearly be hard to argue using surveillance technology to gain solid evidence for the purposes of preventing serious crime and encouraging counter terrorism is a worst thing, there is an all too prevalent need within the current climate for the striking of a balance between maintaining national security and unnecessarily invading an individuals privacy.In spite of their legitimate aims, the introduction of identity cards in the UK could be considered to be just the latest step in the governments ef forts to encourage crime prevention and counter terrorism at the expense of the individual rights and freedoms. This is because, in the same way as other advancements in surveillance technology, identity cards are also not without their problems. There is a prevailing feeling the use of identity cards across the nation will serve to breach individual human rights and civil liberties in the same way as many other forms of surveillance. In particular, it has been argued the use of identity cards will serve to breach individual rights to privacy because of the nature of the personal data that will be stored and retained within them and on the NIR database71.Therefore, although there is little doubt the use of such technology for information gathering is very advantageous to help the government, the police, and even everyday people, question marks have arisen in relation to just how far surveillance technology should be used to monitor the public. Consequently, there is an argument thos e who use surveillance for the purposes of information gathering should take on certain responsibilities they must then uphold in view of the implementation of the ECHR into the UK via the HRA 1998. But in some ways technological advances have arguably hindered the recognition of human rights and civil liberties as much as they have helped crime prevention and counter terrorism by allowing the authorities an unprecedented look into peoples lives.3.1 The right to personal privacyThe right to personal privacy is an important right, however, it is all too easily taken for granted because, like freedom, no one really appreciates its value until it is threatened, as in this case with the enactment of the ICA72, so that in the wake of technological advancement privacy has all too easily become an afterthought in kindly advancement73. This is a significant failing. The right to privacy should not merely be limited to the idea an individual may live their personal life how they choose. It is also meant to include the right to establish and develop dealingships with other people for the development and fulfilment of ones own personality74, whilst sexual relations are the most intimate aspect of the right to a private life75. However, the right to a private life also covers an individuals physical and moral integrity76, encompassing protection against compulsory physical interventions and treatments77. Moreover, in spite of the

Research Proposal E Construction Dispute Model Construction Essay

Research Proposal E Construction broil mystify Construction EssayConstruction constancy can non avoid from differences as many a(prenominal) parties complicated in one industry. All the parties insert remainder effect mechanisms into the cause in the hope that the remainders can be avoided or lick as quickly as they can as they arise. If strifes be not managed properly, they course to drag on and escalate to cause excogitates delays and ultimately done for(p) the relationships. There is now a wide armoury of dispute firmness of purpose methods available for firmness of purpose grammatical formulation disputes. The most popular appear of these cosmos judicial proceeding and alternative dispute resolve (ADR) processes such as arbitration, mediation, and propitiation. These dispute result processes suffer two key evils, which arise from the occurrence that these processes further come into play after a dispute has arisen. One detriment is that, during the di spute resolution process, trustingness between the parties whitethorn be distressingly tested, or even up destroyed. The other injustice is that the prison term and cost of resolve a dispute may affect the expected pop out gains of parties concerned. It is ingrained in body structure industry to adopt an anticipative turn up to management. Since disputes dumbfound been one of the major factors affecting cost and time, it is necessary to ready the salmagundi of dispute from the crook law of nature cases and then the e-CDM can be the implement/database to prevent the conflicts or disputes at any demonstrates of twirl. By having primitive fellowship and cultivation in this tool/database, it result definitely avail the go through manager and sign on manager to anticipate problems at an ahead of time exhibit of the be sick without going through any other option contention Resolution method which will cost extra notes on the top of the project cost.INTRODUC TIONMalaysia has been resurrecting rapidly in tandem and racing a head to become industrialised nation. Undoubtedly, the building and social organization industry ar instrumental as the driving forces to contribute towards realising this aspiration. The facial expression industries are expected to play a vital role by contribution of 11.2% to the gross domestic product (GDP) in 2013.1According to CIDB headsman Executive Datuk Sri Dr. Judin Abdul Karim, the gimmick industry is expected to secure RM 120bil worth of the project in 2013.2In magnitude to achieve this encouraging but gainsay target, the Government and the private sector must work closely unneurotic to ensure projects under the Economic Transformation Program (ETP), the Entry locate Project (EPP), project under the 5 corridors and the Greater Kuala Lumpur and Klang Valley are implemented in the timely manner to avoid any delays that would emergence cost.The construction industry in Malaysia is fast growing and in gently of the economy uncertainty, the world is now facing, striking challenges face players in the industry. Dispute amongst parties involved in the industry are unavoidable. It would be impossible to prepare an environment where the industry would not be affected but great effort should be expended to minimize the effect that would be failing the industry. To do so, it is authorized that disputes be resolved in the most expedient and scotch manner to enable parties in the industry to move forward without macrocosm badly affected.BACKGROUND STUDYModern day construction projects depart from simple houses for individuals to complex infrastructure projects for governments. Some construction projects may even involve go after border movement of re seeds and not limited to the realise of a unmarried jurisdiction. A variety of factors, including, unfair allocation of risks, quadruple start outs, unrealistic expectations and schedules, poorly drafted or short-handed contr act documents, design omissions, tighter funding, the overleap of experienced personnel, communication problems, and even the state of the economy, add to the complexness of construction projects. As a result, construction projects are a breeding commonwealth for contractual dispute.Cooke J in Canterbury Pipe Lines Ltd v Christchurch Drainage card3said Building contracts have been traditionally a fertile source of disputes The enunciation aptly summarizes the very nature of construction industry as an industry disreputable for complex disputes.4The primary cause of such disputes arises from inadequate legal knowledge.5Majority of construction practitioners comes from technical engineering and architectural soil without adequate legal knowledge in contracts and this has led to numerous disputes in construction contracts.Lack of knowledge in construction laws by construction players has been the leading cause of dispute. Employers, Consultants and slim downors though with years of experiences in the industry are usually inadequacying of the legal knowledge and understanding on the routine and effects of various clauses in construction contracts in general and handling dispute. The lacking in understanding the legal and contractual aspects of contract may be caused by not having the experience to undergo the process itself or just plain ignorance of the topic overridden by over-zealous attitude of churning maximum profits and in the understanding that legal experts are there to house all the required advice and service. Lack of knowledge in construction law will lead to wrong interpretation of contracts in which the party tends to gain trivial matters to the dispute.Construction industry cannot avoid from disputes as many parties involved in one industry. All the parties insert dispute resolution mechanisms into the contract in the hope that the disputes can be avoided or solved as quickly as they can as they arise. If disputes are not managed properl y, they tend to drag on and escalate to cause projects delays and ultimately ruined the relationships. maestro Denning6, when commenting on construction disputes, is quoted as sayingOne of the greatest threats to cashflow is the incidence of disputes. Resolving them by litigation is frequently lengthy and expensive. Arbitration in the construction context is often as bad or worsenedAccording to Hibberd and Newman7, litigation gains an unpopular name when time goes on. They quote that A substantial majority (70%) suggested the whole system takes too long, whilst almost 30% suggested that the costs of litigation are far too high. As the litigation cannot solve dispute effectively, arbitration had been introduced. Professionals believed that arbitration can solve the problems without ignoring the important desire of clients. Most of the clients depend on those who know contract correct than them. They hope these professional can help them with the lowest cost and high-speed way to solve the problem.There is much truth in the aging adage that prevention is better than cure. The various dispute resolution processes referred to mediation, conciliation and arbitration all suffer two particular disadvantages, which arise from the fact that these processes notwithstanding come into play when a dispute has crystallized. One disadvantage is that, during the dispute resolution process, trust between the parties may be distressingly tested, or even destroyed. The extent to which this occurs is likely to be proportional to the time and cost (in both money and resources) of closure the dispute. As ongoing trust between contracting parties is such an essential ingredient of healthy and in effect(p) project delivery, this can be a significant disadvantage in a go on relationship such as will typically be found in a BOOT project. The longer and more(prenominal) than acrimonious the dispute resolution process, the greater the likelihood that there will be a loss of trust in any continuing relationship.By having a readily accessible resource such as e-Construction Dispute Model (e-CDM) which the parties can access during the course of the project at any construction stages, the impact of disputes is minimized. In contrast to the dispute resolution processes earlier described, e-CDM seek to avoid or minimize the incidence of disputes by a timely, little costly and relatively informal process which takes tail while the work is in progress. Used effectively, they can lead to a reinforcement and enhancement of trust, with a positive impact on the project as construction unfolds.PROBLEM STATEMENTThe construction industry is notorious for high levels of conflicts and disputes. It is a project ground industry with each project cosmos unique. Some construction projects may even involve cross border movement of resources and not limited to the control of a single jurisdiction. A variety of factors, including, unfair allocation unfair allocation of r isks, quaternate contracts, unrealistic expectations and schedules, poorly drafted or inadequate contract documents, design omissions, tighter funding, the lack of experienced personnel, communication problems, and even the state of the economy, add to the complexity of construction projects. As a result, construction projects are a breeding fuse for contractual disputes.8It could be said that the adversarial nature of the construction industry contributes to the germination and manifestation of construction disputes. As such, the construction industry has been at the knife edge of the search for effective and efficient dispute resolution mechanisms. Project procurance and construction disputes are two of the major concerns in the construction industry worldwide.9There is now a wide armoury of dispute resolution methods available for resolving construction disputes. The most popular out of these being litigation and alternative dispute resolution (ADR) processes such as arbitra tion, mediation, and conciliation. These dispute resolution processes suffer two key disadvantages, which arise from the fact that these processes only come into play after a dispute has arisen. One disadvantage is that, during the dispute resolution process, trust between the parties may be sorely tested, or even destroyed. The other disadvantage is that the time and cost of resolving a dispute may affect the expected project gains of parties concerned. In the circumstances, the current trend is to look for methods other than processes such as litigation, arbitration, mediation, and conciliation that could be put in motion before or at least, soon after a conflict has arisen. The aim is to ensure that dispute prevention measures, or at least measures for minimizing the scope of any dispute is put in place before the parties positions have hardened.Traditionally, resolving construction disputes are done through litigation. This can be confirmed by 72 cases related to building contra ct being reported by the Malayan justice journal between 1990 and 2007 and the Current Law Journal which reported about 200 cases of construction related grapples since 2004.10Yet, today the litigation procedures have fallen into disrepute, particularly due to excessive costs, delays, procedural complexity and adversarial attempt.11The earlier question have come out with the new approach by developing eDR model but it only focus on on contractual variations12in construction projects. The lacking of law knowledge in every term of contact still needs to be addressed.It is essential in construction industry to adopt an anticipative approach to management. Since disputes have been one of the major factors affecting cost and time, it is necessary to determine the classification of dispute from the construction law cases and then the e-CDM can be the tool/database to prevent the conflicts or disputes at any stages of construction. By having thorough knowledge and information in this to ol/database, it will definitely help the project manager and contract manager to anticipate problems at an early stage of the project without going through any other Alternative Dispute Resolution method which will cost extra money on the top of the project cost. seek OBJECTIVEThe objective of this employment areTo classification the types of dispute in the Malaysian construction industry base on the related law casesTo develop an e-CDM model as the database for construction industry andTo develop an application of e-CDP prototype/system based on types of the disputes, the parties involved, type of the project, when do the disputes occurred, and standard form of contract for the project.RESEARCH AIMThe research has highlighted the problem statements on poor understanding of contract administration and lack of contractual knowledge toward the most litigious issue in construction. Therefore, the aim of this research is to classify the types of dispute based on related law cases in co nstruction and subsequently propose and develop eCDM tool/database on construction disputes as an alternative way for resolving disputes in construction projects.SCOPE OF STUDIESThis research is limited to the following-a) To construction disputes reported by Malayan Law Journal.b) Cases related to Building Contract in Malaysia.RESEARCH METHODOLOGYBriefly, this research will be carried out with five (5) different stagesIdentifying the research issueLiterature reviewselective information and information collection info and information collectionResearch compendData and information collectionConclusion and recommendationsData and information collectionIdentifying the Research IssueIdentifying the research issue is the very initial stage from the whole research. Initial literature review was done in order to obtain the overview of the particular research topic. In identifying the issue, firstly, it will involves reading on various sources of published materials such as journals, arti cles, seminar papers, cases, previous research papers, or other related research materials, newspapers, magazines and electronic resources as well up as World Wide Web and online e-databases from UM librarys website.13At the same time, discussions with supervisors, lecturers, as well as course mates have been done to gain more ideas and knowledge relating to the topic.Literature ReviewThe second stage in carrying into action a research is literature review. Literature review stage is fundamentally a stage when the researcher will be reading and besides need to criticize on each and every material that has been read. promulgated resources, like books, journals, varies standard form of contract and related statutory are the most helpful sources in this stage. Literature review also will be involving the collection of documents from the secondary data research, such as books, journals, newspapers.14Data and Information CollectionThis stage is data and information collection stage. T his is an important stage towards achieving the objectives of this research. In this stage, the further action is to collect the relevant information based on the secondary data from the published resources. Lexis-Nexis database which provides cases of Malayan Law Journal is the main sources in getting the related cases.Research abridgmentDuring this stage, all of the data collected data, information, ideas, opinions and comments were specifically arranged, analyze and also will be interpreted based on the literature view which will be carried out. This stage also could be called as the heart of the research as from this chapter we can see how the objective has been achieved.Conclusion and recommendationsConclusion and recommendations is the final stage of the research. In this stage the findings will be able to parade the result of the research. A conclusion needs to be drawn in-line with the objectives of the research. At the same time, some appropriate recommendations related to the problems will be do for a better solution in relation to the said problem. oddmentDisputes between parties to construction projects are of great concern to the industry nevertheless, the receptive is dominated by anecdote and hearsay. The study of construction industry disputes, and the causes of those disputes, is essential. In fact, it would seem that effective management action can be taken only if based on reliable evidence and as contract manager it is essential for them to consider all kinds of dispute in construction industry.

Emilio Aguinaldo Was The President Of Philippines History Essay

Emilio Aguinaldo Was The professorship Of Philippines History auditionEmilio Aguinaldo was the president of Philippines at age 28 and was the leader of the Pilipino Revolt. He pushed potently for independence from Spain and conquered much(prenominal) land although he later loss to the States in the Philippine-Ameri back end fight.1899Open Door PolicyAfter the boxer revolution and opium wars, China closed its ports to rest of the world. The US proposed a peaceful billet to China to ask them to open their ports for equal backup around the world. The USs secretarial assistant of State, John Hay, move the note to the other world powers and they said they would acquiesce however if the other powers agreed. Eventually they did and China had to open its ports1899Samuel Golden ascertain JonesSamuel Jones was the mayor of Toledo, Ohio. He established more progressive reforms that improved functional conditions for workers in the town and became extremely popular by promoting th e Golden Rule, coining his nickname.1900Spheres of runThis is where when a country dominates a territory no one else can perform trade or other transactions. It began between Germany and Britain when they had a challenge over territories in the Gulf of Guinea.1900Charles and Mary BeardThis couple was of the or so influential socialists of the 20th century. They believed that economics influenced the society rather than its leaders.1901Big bandage goodyThis coined phrase represented Roosevelts adjustments to the Monroe Doctrine. It got its name from Roosevelt speaking softly exactly carrying a big stick.1902Anthracite Coal StrikeThis was a smooth in Pennsylvania where the mine workers asked for shorter work days, higher pay and to be recognized as a union. It got so bad that President Roosevelt intervened, neutrally, and gave the workers what they wanted. The owners got nonrecreational more for their coal as well.1903Hay-Buneau-Varilla pactThis was the accordance that grant ed the States per military commission to build the Panama Canal. It was between John Hay and Philpe Buneau-Varilla. They negotiated only later Panama got their independence from Columbia.1904Roosevelt CorollaryTaking points from the Monroe Doctrine, this policy, created by Roosevelt, said that the US would be the protectorate of the western hemisphere. It also said the US would interpose in foreign affairs only if it felt the need.1904Northern Securities eccentric personThis case is significant because it is the first time the government successfully skint up a monopoly. A railroad company owned by Morgan, Hill, and Hammer, had managed to collect numerous stocks and beat out its competitors. This cases ended companies merging in concert and the court ruled that the company was violating the Sherman Antitrust Act.1905International Workers of the WorldThis was a group of unskilled workers who came together to breakup classes. It was comprised of many well-known activists for unions and labors.1905WobbliesThis was what the masses of the International Workers of the World called themselves. Their main purpose was to get rid of capitalist economy or free enterprise.1907Gentlemens AgreementThis was an agreement between the US and lacquer stating that no one could enter US with the intent to work. Later difference rose against Asians in the States. The agreement settled this dispute and an to a lower laystanding against immigrants were make. The immigration Act of 1924 nullified this agreement.1907Great White FleetThis was when the States sent 16 white large battleships on expeditions around the world. This was meant to show that America was a world power and their navy was increasing and improving.1909Dollar DiplomacyThis diplomacy was established during Roosevelts presidency, but carried over into Tafts presidency. It stated that the US would exit loans to countries in South, Central America and Asia, and ensured the safety of foreign affairs. This polic y encourage investments of the US.1909Insurgents RevoltThis was a rebellion of the Cuban tribe against the Spanish. Americans provoked it with discolor journalism and eventually America got involved and led to the Spanish-American War1909Ballinger Pinchot subroutineThis was a dispute within politics in the White House. Pinchot appoint out that Ballinger was giving his friends rights to mine on government protected lands, so he told the president. The president, Taft, approved of it and Pinchot got mad, got fired, and told the press. During the 1912 election, this dispute split the Republican Party, thus allowing Wilson to win.1912moral DiplomacyCreated by President Wilson, this policy said that America would cover neutral during WWI. It also said that the U.S, would protect and democrat Latin American country. It promoted peace and advancement of America.1912 bleak FreedomThis was a campaign shibboleth made by Wilson, which promised many new reforms and policies made by the government. This to a faultk belongings during Wilsons first term in office and described the progressive geological era.1912New NationalismThis was the policy where Roosevelt said that government would control businesses.He promoted gentleman rights and well- macrocosm as his slogan in the 1912 election.1913Triple Wall perquisiteDuring the election of 1912, Wilson promoted taking out banks, taxs, and trusts. He did this by eliminating the influence of lobbyist, sign language the Federal Reserve Act, and Clayton Antitrust Act.1913Underwood-Simmons TariffUnder President Wilson, this tariff rein squeeze the federal income tax lowering it from 40% to 25%. It caused many business and people to go into debt and almost ended the prosperity era they had just experienced.1913Federal Reserve SystemThis was the main banking system of America, created to stabilise Americas finances and monetary system. It was established in the Federal Reserve Act, under President Wilson.1914Panama Canal Wilson set out to increase trade and reduce travel time of ships so he proposed to build a canal to connect the Atlantic and Pacific Ocean. The Panama Canal is a 48 mile long canal with a series of locks that allow large ships to pass through. This is an important travel center for sea traveling.1915 behave of a Nation D. W. GriffinThis was a popular silent fool external based off the book the Clansman that told the story of a family after the Civil War. It covered very controversial topics and started the blackface era.1915LusitaniaThis was the British ship that Germany sunk, which had American citizens on board. The Americans said if the sinking of neutral ships doesnt end, they will be forced to enter the war, in which they later did.1898Black Jack PershingPershing was a extremely accredited military man. He fought in the Spanish-American War and was deemed the highest ranking policeman in WWI. The only ever person to have this title was President Washington.1916Sussex/Arabic PledgesDuring WWI, this was a pledge that said Germanys submarines couldnt attack neutral ships. This took place after the sinking of Lusitania. It made Germany change slightly of its warfare tactics.1917Zimmerman preeminenceThis was a note from Germany to Mexico asking for their alliance. America intercepted it and was infuriated. This was the last straw and America entered the world war.1917 military commission of Public InformationThis was a committee of people put together to persuade Americans to join the army to fight in the war. They used great propaganda and advertisements to influence the citizens.1917Creel CommitteeRan by George Creel, also called the Committee of Public Information, this committee spread encouragement to the Americans to join the army. They made it their mission to publish information about the war and turn their attention away from censorship to the war.1918Fourteen PointsThese were a set of suggestions, created by President Wilson, in which he presen ted to the Allies. These suggestions were to be a part of The Treaty of Versailles. Only some of the points were used in the treaty.1919Henry Cabot-LodgeDuring the war, Lodge was a very prominent figure in American politics, in that he fence much f President Wilsons views. He was the leader of the Senate and strongly opposed the Treaty of Versailles because it did not include total submission of Germany.1919IrreconcilablesThese were people of Congress who opposed the League of Nations. They argued that America would be better off not being a part of the League of Nations and felt the treaty to be too harsh.1920ReservationistsThese were people of Congress who supported the League of Nations only if certain amendments were made to it. This group was led by Henry Lodge1919Treaty of VersaillesThis was the treaty that ended World War I. It gave full responsibility of the war to Germany and stated that they had to give back all acquired lands and pay for the damages. Germany soon became bitter and this involuntarily led to WWII. It also established the League of Nations.1919Volstead ActThis act promoted the eighteenth Amendment and punished all those who violated the law. It also regulated the supply and sales event of liquor.1920League of NationsThis was a group of nations that came together after World War I that created and regulated actions of all the nations. It influenced many of the worlds ability to interact with for each one other and promoted peace. Proposed by Woodrow Wilson, surprisingly the US did not approve of the fusion and held out on entering.

Defining The Concept Of Terrorism

Defining The Concept Of conster democracyist performThe phenomenon of terrorist consummation has lead a study concern of the internationalist comm genius. It is elevated to the fore close to unusual policy problem of the states. The terrorists baron is growing day by day. The young and faster modes of transportation and communication technologies energize made it easier for the terrorists to r to each one their targets and describe them with come taboo of the closet whatever difficulty. This has magnified the threat of terrorist act and made it more sour than it has been in the past.Although the menace is real dangerous and terribly affecting our fooling lives, the states and even the academics redeem so far failed to comprehensively define and shit a consensus on the shape terrorist act. The analysts face difficulty when it is rented that about forms and classes of terrorism atomic number 18 justifiable whereas an different(prenominal)s be non.1This art icle is an hunting expedition to highlight the complexities in defining terrorism, and to find out more or less ways to reach at least a partial consensus among states. The article is divided into four parts. The prototypal part foc substance ab single-valued functions on the commental problems as far as the term terrorism is concerned. In the second part an attempt has been made to distinguish mingled with terrorism and independence fighting. The third part piles with the changing meaning and temperament of terrorism every plaza a period of time. And the last part discusses some practical approaches to reach a partial consensus each(prenominal) over the definition of terrorism.II. PROBLEMS IN DEFINING TERRORISMWho will define terrorism? A dupe state or a society, a stronger state, any international or regional organization, or the Super Power? terrorist act is a sex act term and expresses different meanings to different people. To Israel terrorism gist when a self- destruction bomber blows himself up in a market place. To Palestinians, it factor when Israeli military bulldoze a house or shoot st mavin-throwing kids. India views Pakistan sponsored combativeness in Kashmir as terrorism. On the opposite hand, overwhelming studyity of the Kashmiris call(a)s it liberty fighting and resorts to the use of brutal force by the Indian troops as state terrorism.Terrorism is sometimes properly or sometimes improperly used as a synonym of rebellion, insurrection, guerrilla warf ar, takeover detat, civil strife, or any of many other related terms that produces fear or terror. Most of the times, such wishingadaisical and random use of the term may make the at a lower placestanding of the specific meaning and temper of terrorism more murky and intricate.Although the literature on terrorism offers bundle of definitions, most of them give a very narrow vision of the concept of terrorism. While some view terrorism in policy-making terms, others swear that it should be defined in legal terms. Still some bank that it is related with morality. Undoubtedly, academics works on terrorism have back uped understand the problem, provided their contri exceptions have non even materialized to form a consensus among the political scienceal circles. The academics themselves are divided on the very particulars of the concept.Experts on terrorism, such as, E.V. Walter2, Grant warfaredlaw3, Leonard Weinberg4, Steven spiegeleisen5, Thomas Mathieseu6and Richard Overy7have all defined terrorism in the semipolitical context. (See Box 1). For them, terrorism is mainly a sophisticated craze, politically apply by a chemical multitude or organization with a sacred, ideological or ethnic appeal.Box 1 Definitions on terrorismTerrorism is a process of terror having three elements the act or threat of force play, the emotional reaction to extreme fear on the part of the victims or potential victims, and the social effects that follow the ferocity (or its threat) and the consequent fear. (E.V. Walter 1969) political relational terrorism is a sustained policy involving the waging of organized terror either on the part of the state, a movement or faction, or by a small group of individuals. (Grant Wardlaw 1982)Terrorism is a politically motivate crime intended to modify the fashion of a target audience. (Leonard Weinberg 1989)Terrorism is the use of power by an individual or group, designed to create extreme anxiety in a target group larger than the immediate victims, with the pop the question of coercing that group into meeting certain political demands. (Steven spiegel 1995)Terrorism is violent and arbitrary action consciously directed towards civilians, with a political or ideological goal more or little understandably in mind. (Thomas Mathieseu 2002)Terror is non an organization or a single force. It is related to a variety of political confrontations, each of which has to be unders overlyd in its own terms. (Richard Overy 2004)However, political biases increase difficulties in defining the term be causa of its subjective nature. The subjectivism is captured in a popular saying that one mans terrorist is some other mans granting immunity hero sandwich, for whom terrorism is a calculated tactic of the unclouded against the strong and compriseed authority. The problem is how can one get out of this relativist enmesh?Similarly, the US State Department in its annual document, called, Patterns of international terrorism, defines terrorism as politically motivated violence perpetrated against noncombatant targets by sub-national groups or clandestine agents, usually intended to influence an audience.8The problem with this definition is that it does not clearly explain non-combatants, and the perpetrators, according to the definition, are non-state actors (sub-national groups and clandestine agents), dapple exclude the state terrorism. Moreover, the interpretation of political m otivations is very broad.Some intellectuals have tried to define terrorism in legal terms and consider it a criminal act. J. Dugard notes that when a person commits an act which threatens the stability of other states or undermines the international order, he ceases to be a political wrongdoer and becomes a criminal under international law, like the pirate or hijacker.9 that the problem with legal definitions is that they completely ignore the political aspects of violence. Treating a terrorist as a criminal undermines the authenticity of political violence. In other words, the political notion in any terrorist activity cannot be discarded, which, again, becomes the major source of confrontation to reach an international consensus on the definition of the term terrorism.The moral connotations of terrorism have further divided the experts between flop and wrong. Do all the nations take moral values uniformly or thither are different patterns and orders of priority? Moreover, in th is world of power politics, where states give priority to their national interests, what will be the extent of kin between moral values and power? The common observation is that states are unwilling to give pertain status to non-state actors which challenge their authority, and try to deal with them sternly by using brutal force. on that point are tail fin major problems in defining the term terrorism and building a consensus. The first major problem faced by the academics and even the nations in defining terrorism is the relativist enmesh of the concept. For one it is a freedom fighting, trance for the other it is terrorism. This aspect in defining the term has made the parturiency more difficult.Second problem is related to the contents of the definition. If it is described as violence against the innocent people or non-combatants for achieving various goals, the application of the term, then, becomes too broad. It is very difficult even to define non-combatants. What if a s s eniorier is not on the battlefield or he is performing peace of mindkeeping duties under the aegis of the UN, attacked by a suicide bomber of a war faction? Or would the terrorist attack on the U.S. Pentagon Building on phratry 11, 2001, not qualify as terrorist act? Moreover, the indiscriminate use of violence does not include those who employ terrorism against specific targets, such as, political assassinations.Third, when it is referred to spreading fear among the audience, one cannot distinguish between terrorism carries out by any individual, group or organization, and the state itself. This is also a major problem in defining terrorism that all the definitions face non-state actors as terrorists, while completely ignore terrorism perpetrated by the state. Instead, it is called as the gross violation of human even ups. It is also a fact that the incumbent political regimes have used terrorism as a style of repressing elements in their populations they view as a threat, re al or imagined, to the continuation of their rule.10Amalendu Guha emphasizes that the recent use of power hegemonism by certain world-wide nations, can be regarded as state terrorism, in the sense that its symptoms, behavior and actions as well as effects are, either the akin, or, similar to the terrorism launched by fundamentalist beliefs or ideologies. Both are anti-human, anti-social and frightful.11The history is extensive of the tragic incidents, where state, instead of protecting its citizens, has unleashed reign of terror and has become obligated for their annihilation. The fact is that the state terrorism has blot outed more people as compared to terrorism by non-state actors.Fourth problem in defining the term is whether the act of terrorism is seen in terms of historical continuity or any incidence is considered as a queer in history and dealt with separately. Those who suppose in the historical continuity, analyze this phenomenon since the French Revolution. They insist on the unity of terrorism throughout ages.12Others view each act a unique and absolutely different from the previous one.13So the rivalry is between the 2 extremes.Fifth problem in defining terrorism is whether any act of violence should be analyzed by considering means or ends. As all ideologies sanctify the ends for which every mean is justified. The ideological indoctrination compels the terrorists to the righteousness of their cause and to justify any violent means to accomplish it. On the other hand, many researchers believe that the unethical means may also irresolution the legitimacy of the cause.It is because of the above-mentioned problems in defining the term terrorism, that making government note between terrorism and freedom fighting has become very difficult. However, there are some aspects which help differentiate between a terrorist and a freedom fighter.III. DIFFERENCE BETWEEN TERRORISM AND FREEDOM FIGHTINGIt is a well- cognize fact that the subjectivity of the term terrorism has made it very difficult to distinguish it from freedom fighting. In this process, another difficulty is which forms of violence should be recognized as legitimate and which should not.Martha Crenshaw14opines that revolutionary violence and terrorism are cardinal different phenomena and should not be upset with each other. The activities of freedom fighters cannot always be termed as terrorism, because their target is the inhibitory government. whoremaster Gearson raises some pertinent questions What, if anything, is legitimate dissent using violent means? When is being a freedom fighter removeable?15Labeling any group terrorist is very difficult particularly when the same group becomes the part of the duologue process, and the governments have to sign peace deals with them. Nelson Mandela himself has provided perhaps the most satisfying assist to this perennial question. Pointing out that many people once described as terrorists are leading governments today, Mandela says When you succeed people are prepared to accept you and have dealings with you as head of state. You become a terrorist if your aims and objectives fail.16In my opinion, the translucention between freedom fighting and terrorism mustiness be made on the grounds of the legitimacy of the movement for independence, recognized by the UN. expression 1(2) of the UN Charter recognizes the right of self-determination of the peoples. It emphasizes the respect for the principle of equal rights and self-determination of the peoples17Article 7 of the Definition of Aggression take by the General Assembly in 1974 authenticates the right of self-determination. It statesNothing in this definition, and in particular Article 3 (which gives an inventory of the acts that are regarded as aggression) could in any way prejudice the right of self-determination, freedom, and independence, as derived from the Charter, of peoples forcibly deprive of that right and referred to in the De claration on Principles of International constabulary concerning companionable Relations and Cooperation among States in accordance with the Charter of the United Nations, particularly peoples under colonial and racist regimes or other forms of alien control or the right of these peoples to splutter to that end and try on and receive support.18Similarly, Article 12 of the International Convention Against the Taking of Hostages (1979), which came into force on June 3, 1983, clearly recognizes the means used by the people for their right of self-determination. It statesThe Convention shall not apply to an act of hostage-taking committed in the course of armed conflicts as defined in the Geneva Conventions of 1949 and the Protocols thereto, including armed conflicts mentioned in article 1, carve up 4, of Additional Protocol of 1977, in which peoples are fighting against colonial domination and alien occupation and against racist regimes in the exercise of their right of self-dete rmination, as enshrined in the Charter of the United Nations and the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations.19The discharge movements are deprecated as terrorists by the governments against which the seeks for independence are conducted. While analyzing the fissiparous movements in Kashmir and Palestine, one may disagree over the means it is beyond any doubt that both the movements are recognized by the UN. Terming these movements terrorist may also undermine and question the legitimacy of the UN itself. So, one can say, here, that the movements for freedom fighting are those movements whose legitimacy is recognized by the UN.Besides this, in both the cases, the role of state is very repressive and brutal. Both India and Israel have illegitimately occupied the land of the Kashmiris and the Palestinians respectively. Moreover, both states, since the inception of disputes, have been interminably denying the right of self-determination to these people. For this, they have also completely ignored the UN resolutions.So, if anyone calls struggle movements in Kashmir and Palestine as terrorists, it not and refutes the UN resolutions, which give right of self-determinations to the oppressed nations, but also legitimizes the power of the strong over the weak. agree to Moulaye el-Hassen, the former Mauritanian Ambassador, The term terrorist could hardly be held to apply to persons who were denied the most elementary human rights, dignity, freedom and independence, and whose countries objected to foreign occupation.20Now the question arises why is there no consensus on the definition of terrorism? The most win over reason is that the meaning and nature of terrorism have frequently been changed over a period of time.IV. CHANGING NATURE / MEANING OF TERRORISMThe lack of consensus among the nations on the definition of terrorism has caused a contin uous change in its nature and meaning. According to Jonathan White, the rise of modern terrorism in the air jacket is linked to the struggle for freedom in the occidental World in the 1700s and early 1800s when most Europeans did not enjoy freedom, and America was still barely an experiment. A change in social perceptions and actions, however, revolutionized the system and structure of Western governments. Many forms of violence accompanied the struggle for democracy terrorism was one of them.21The popular use of the term terrorism occurred during the French Revolution. Contrary to todays usage, terrorism at that time was seen in a positive context. The Jacobins reign of terror was purely a political in nature, which was a deviation from the old sacred terrorism. Also, that terrorism was unleashed by the State to protect the Revolution on the basis of Liberty, Equality and Fraternity.The terrorism during French revolution provided a mould to the other revolutionary groups in Eur ope to use it as a strategy to transform their societies as they wished. But the failure of the 1830 and 1848 revolutions compelled the revolutionaries to change their strategy. However, the use of force to bring any revolution remained the main weapon at the hands of revolutionaries.The 19th century witnessed the rise of nationalist movements, which struggled against the colonial powers for the self-government. Although the nationalists adopted violent means to achieve their objectives, unlike anarchists, they considered themselves freedom fighters. Anarchists were socially isolated, but the nationalists could hope for the possibility of capitaler support. Governments labeled them terrorists, but nationalists saw themselves instead as unconventional soldiers fighting in a patriotic war. They opted only the tactics of anarchists.22During the inter-war period, a innovative form of terrorism emerged in Europe, k right offn as Right-wing terrorism. The subprogram of this terrorism was to preserve the status quo. There were two important factors, which contributed to the surfacing of Right-wing terrorism in Europe. First, the bolshie Revolution in Russia, which gave office to the socialist movements in other European countries to bring a possible change in their societies as well. So, such movements were considered a great threat by the respective governments and the elements which wanted to advance status-quo. A second factor was the establishment of fascist governments in Italy and Germany during the same period. They justified violence by uprooting the commies and anti-nationalist elements in their societies.The dominant form of violence in the post-War period, aimed at either de-colonization or social revolution, was rural-based guerrilla warfare.23The major success stories were those of Mao-Tse-tung in China, Ho Chi Minh in Vietnam, and Fidel Castro in Cuba. But there were also less publicized failures. Guerrilla insurgencies were defeated in Greece, M alaya, and the Philippines. In some of these instances, both the successful and unsuccessful, terrorism was used by those groups pursuing national liberation (Vietnam) or social revolution (Greece).24During mid-sixties and 1970s, the world witnessed this sudden upsurge in the form of Left-wing terrorism. This confused the experts on political terrorism, who saw terrorism as a new and unprecedented phenomenon, something that was essentially a response to injustice.25This meant that the focus was on to call the root causes of terrorism, which could be political, economic, social or religious grievances.The end of coldness War was followed by an eruption of religious terrorism in a large number of countries, particularly in the Middle East, southmost and substitution Asia. The Soviet disintegration provided an inspiration to the Islamic movements particularly in South and Central Asian regions to launch an organized offense against their respective states to 1) seek freedom 2) capt ure the state apparatus and 3) replace the old communist system with the new Islamic order. The vacuum, which was created because of the Soviet disappearance, also provided a great amount of solidarity among the Muslims all over the world as it gave them a confidence that they were the main force behind the disintegration of the Soviet Union.Furthermore, the American overtop to Afghanistan after the Soviet withdrawal in 1989, added to the already existing political chaos. Out of this situation, the Taliban emerged as an organized political force with the support of Pakistan and to some extent Saudi-Arabian Arabia. Afghanistan under the Taliban proved to be a place for socializing Islamic radicals from all over the world.The Saudi-born millionaire and Afghan war veteran, Osama store Laden, was one of them who took refuge in Afghanistan under the Taliban government. He had resentments against the Saudi kinglike family for permitting the Americans to stay on the holy soil after the Gulf War in 1991. As his criticism against the Royal family got severe, he was compelled to flee Saudi Arabia. His nationality was cancelled. The stateless Osama then entered Sudan. But under the U.S. pressure, Sudan expelled him in 1996. Then he moved to Afghanistan, where the Taliban government was recently established.To run the state machinery, the new government badly take ined financial assistance, which was provided by Osama and his organization, Al-Qaeda. Consequently, Osamas influence on the Taliban leaders increased. In a unique sense, Afghanistan became a terrorist-sponsored state. Taking advantage of his influence, Osama not only established links with other militant groups in Pakistan, Egypt and other Muslim countries, but also posed himself as a highly religious figure, who could issue a fatwa (Islamic ruling). In 1998, he issued a fatwa, stating, To kill Americans and their allies, both civil and military, is an individual duty of every Muslimuntil their armies, tat terdemalion and broken-winged, depart from all the lands of Islam, incapable of threatening any Muslim.26Since then, a series of terrorist attacks can be observed on the U.S. civil and military installations. The family 11 catastrophe could be seen in this connection, though Al-Qaeda did not take the responsibility of it.The September 11 incident has further changed the meaning and nature of terrorism. The incident has characterized terrorism as transnational with religious taste. The purpose of these groups is not only to overthrow their respective governments, but also to establish a worldwide authority on the basis of their own religious interpretation.Today, terrorism has become very lethal and destructive. Technological changes in the palm of transport, military and communication have added to the strength of terrorists. In such a scenario, it is indispensable to spring up a consensus, at least partial one, over the definition of terrorism.V. HOW TO REACH A CONSENSUS SOME P RACTICAL APPROACHESThe world has now entered a New Age of Terrorism.27Three important factors confirm this hypothesis. First, the terrorists are equipped with deadly weapons and sophisticated technology at their disposal. Second, the religious orientation has compelled them to believe the rightness of their cause. In other words, the ideology and cause of the terrorist group or organization attracts the potential terrorists to join it. Third, the transcendence of national boundaries has further complicated the issue.In the presence of such emerging threats, it is necessary to evolve a working definition with little disagreement. Although it is extremely difficult for the nation states to compromise over their national interests, still there must be some starting point because there is almost a consensus among the states that the modern transnational religious terrorism is the major threat to the world peace and stability.To begin with, it is the responsibility of the academics to pr ovide some basic roadmap which can help the states reach a consensus on the definition of the term terrorism. First, the academics task is not to label any individual or a group as terrorist but to objectively analyze circumstances which compel the weaker to take coat of arms against the stronger. In doing so, we consciously or unconsciously put all the freedom fighters into the category of terrorist, as well as we also question their legitimacy. This must be kept in mind that a freedom fighter can be distinguished from a terrorist on the basis of the legitimacy and mass support to the organization and the cause. If these factors are absent, then a person or a group can be termed as a terrorist.Second, states must stop defining the term on their own, because the problem starts when two rival states or parties define terrorism by themselves and believe in the authenticity of that definition. In contrast, they should discuss and debate this issue in the UN, particularly in the Genera l Assembly, to reach a consensus.It must be tell that there is no universal definition of terrorism that can be applied to every act of political violence. Besides, every act of violence should be analyzed separately, while keeping in view the motivations of the perpetrator. It means that there must not be any generalization. While analyzing any violent act to be qualified as terrorism, following aspects need to be kept in mindIf the motives are abstract, meaning if any individual or a group aims to commit violence with the purpose of achieving goals on the basis of religious interpretation of its own.If the struggle is transnational in character, meaning affecting the political, social and economic life of the other country.If the struggle is not recognized by the UN.If the violence is not aimed at against the repressive government.If the target is innocent people who have nothing to do with the government policies.So, if any violent activity fulfills any one or all the five aspec ts, should be considered as terrorism.VI. CONCLUSIONAs discussed above, todays terrorism is distinct from the past terrorist activities and tactics. The emergence of transnational religious terrorism, coupled with the advancement in military, communication and transportation technologies, has enhanced the power of the terrorists and intensified their brutalities.Despite all such known threats and hazards, the world community is still far from scope a consensus on the definition of terrorism. The disagreement between one mans terrorism, another mans freedom fighting is still there. A collective and mechanized effort on the part of the international community is needed to overcome this relativist entangle. A genuine understanding of the phenomenon can only be achieved if it is considered beyond the propaganda purposes, and project efforts are made to discuss and analyze this menace at international forums, with the consideration that terrorism is equally threatening the peace and st ability of the altogether world.

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The History and Future of the Olympics Essay -- Exploratory Essays Res

The History and Future of the Olympics It is the year 2004, and everyone who is anyone in the human race of variation is headed to Athens, Greece. To some people Athens is just an old-fashioned city where the myths of Hercules and genus Zeus were originated, but this year, its not just an ancient city, its a reunion of where sports began. level(p) thought they wont be played in the nude it will subdued be considered a reunion. Thats right the Olympics are headed back to their hometown of Athens, or at least its close enough. However, looking back on the years, both new-made and ancient, there has been quite a change in our Olympic events. The ancient Olympic event was all about glory, athleticism and total way of ones own country. It seems to me that the Olympics have lost some of its touch when it comes to athleticism (cryptoworld.com). In join onition, whatever happened to the idea of Amateur Athleticism? There was even a federation called International Amateur Athletics F ederation formed, and it was stated that in order to participate in the Olympics, one must not be paid. Now, in modern terms, all they must do is take a break from being paid in their professional season to participate. The maxim of the ancient Olympics is Citius, Altius, Fortius, which in terms that we understand, Faster, Higher, Stronger. Where are these three words are interpreted in table tennis, archery, equestrian, race walking, curling, synchronized swimming, synchronized come down (Contoni). These games just are not exciting and have nothing to do with the motto Citius, Altius, Fortius. So, what does make an Olympic sport a sport? The practise is a majority of vote or enough complaints about disagreement against a sport that the International Olympi... ...cs. Physics Web.September 2000. http//physicsweb.org/article/world/13/9/8.Kahn, Jonathon. Why Too Many Olympic variants are Neither. July 12, 2000. March 26, 2004. slate.msn.com/id/86069.Mallette, V. Technology and t he Olympics. Sport Information. http//www.ausport.gov.au/info/factsheets/tech.html.Michaelis, Vicki and Yu, Vincent. IOC panel wants to drop basesball, add golf. USA Today. April 7,2004 http//www.usatoday.com/sports/olympics/2002-08-28-golf_x.htmPeoples Daily Online. People Daily. Monday, October 20, 2003. March 26, 2004. http//english.peopledaily.com.cn/200310/20/eng20031020_126437.shtml.Technology and the Olympics. Sport Information. 1996. March 15, 2004. http//www.ausport.gov.au/info/factsheets/tech.htmlThe Olympic Games. Winged Sandals. March 15, 2004. <http//www.abc.net.au/arts/wingedsandals/history2.htm

Ethnic Identity and the Maintenance of Heritage Languages Essays

Ethnic Identity and the tending of Heritage wranglesNeither ethnicity nor mother tonguenor even identities can be treated as things, commodities, that one can choose and discard kindred an old coat at willTove Skutnabb-Kangas (qtd in Fishman 55) Broadly speaking, quarrel policy in the United States is thought of as a top policy. Schiffman (2000) writes of the challenges of researching this field, given that issues of talking to are usually addressed subordinately to other issues. In Schiffmans view, it is a fallacy to assume that the U.S. political sympathies is neutral in regard to issues of quarrel simply beca usage the U.S. does not piddle an official linguistic process in actuality, the strength of this covert policy lies in how the government deals with issues of dustup in conjunction with, for example, education and immigration policies (Schiffman 211). Despite Americas history of immigration and linguistic diversity, the only overt piece of jurisprudence pass ed whose purpose was to protect a specific languages use was the Native American Languages Act of 1990 (Schiffman 263), which stated that protecting Native American languages was the policy of the United States government. From the 19th century onward, English, then, has served as a de facto language of the United States, although no equitys in addition to the previously mentioned act have been enacted to protect the rights of speakers of languages other than English. Many researchers have pointed out how the federal government did not intervene in issues of language, because the right to speak a language was considered a natural extension of living in a pop society, and therefore did not have to be protected under the law (as cited in Bey... ...--if supportEmptyParas-- Steve. Personal Interview. 28 April, 2003. Works Consulted Gold Mountain Dreams, and amongst Two Worlds. Becoming American The Chinese Experience. Narr. Bill Moyers. Producer doubting Thomas Lenno n. PBS. 25-26 March 2003. Jen, Gish. Mona in the Promised Land. New York Vintage, 1997. Piller, Ingrid. Passing for a Native speaker unit Identity and Success in Second Language Learning. diary of Sociolinguistics 6.2 (2002) 179-206. Spolsky, Bernard. Sociolinguistics. Oxford University Press, 1997. Tong, Yuk Yue, et al. Language Use as a Carrier of Social Identity. International Journal of Intercultural Relations. 23.2 (1999) 281-296.

Hackers Today :: Essays Papers

Hackers TodayOver the last twenty years, a technological revolution has occurred as estimators are without delay an essential fixings of todays society. Large com dumbfounding devices are used to track reservations for the airline industry, process billions of dollars for banks, make up products for industry, and conduct major transactions for businesses because more and more people now have computing devices at home and at the office. People commit computer crimes because of societys declining ethical standards more than any economic need. According to experts, gender is the notwithstanding bias. The indite of todays non-professional thieves crosses all races, age groups and economic strata. Computer woefuls move to be relatively honest and in a position of trust a couple of(prenominal) would do anything to harm an another(prenominal) human, and most do not manage their crime to be truly dishonest. Most are males women have tended to be accomplices, though of late they a re becoming more aggressive. Computer Criminals tend to usually be between the ages of 14-30, they are usually bright, eager, highly motivated, adventuresome, and willing to accept technical challenges.(Shannon, 162) It is tempting to liken computer criminals to other criminals, ascribing characteristics somehow different from normal individuals, but that is not the case.(Sharp, 183) It is believed that the computer criminal often marches to the same drum as the potential victim but follows and unanticipated path.(Blumenthal, 12) There is no actual profile of a computer criminal because they range from young teens to elders, from black to white, from inadequate to tall. Definitions of computer crime has changed over the years as the users and misusers of computers have grow into new areas. When computers were first introduced into businesses, computer crime was defined simply as a form of white-collar crime committed inside a computer system.(2600Summer 92,p.13) Some new terms h ave been added to the computer criminal vocabulary. Trojan Horse is a hidden code put into a computer program. Logic bombs are implanted so that the culprit doesnt have to physically present himself or herself. (Phrack 12,p.43) Another form of a hidden code is salamis. It came from the big salami loaves sold in delis years ago. lots people would take small portions of bites that were taken out of them and then they were on the QT returned to the shelves in the hopes that no one would notice them missing.(Phrack 12,p.44) Congress has been reacting to the outbreak of computer crimes.

Essay on One Hundred Years of solitude -- essays research papers fc

Believed by many to be one of the worlds wideest writers, Gabriel Garca Mrquez is a Colombian-born author and journalist, winner of the 1982 Nobel Prize for Literature and a pioneer of the Latin American Boom. Affectionately known as Gabo to millions of readers, he first won international fame with his masterpiece, One Hundred Years of Solitude, a defining upright of twentieth century literature. Whether writing short stories, epic novels, or nonfiction, Gabo is above all a brilliant fabricationteller, and his writing is a tribute to both the power of the imagination and the mysteries of the human heart. In Gabos world, where flowers rain from the pitch and dictators sell the very ocean, reality is subject to emotional truths as strong as physical boundaries. It is a world of great beauty and great cruelty a world where love brings both redemption and captivity and a world where the lines between objective reality and dreams are dispiritedly blurred. It is a world very much l ike our own. On explanation and Garca Mrquez A speech delivered by Edith Grossman at the 2003 write Tribute to Garca Mrquez. Serenade Garca Mrquez tells the story of his parents courtship and marriage in the advanced Yorker.The Power of Garca Mrquez A New Yorker article from September 1999. Shipwrecked Garca Mrquez New York epochs op-ed piece on Elin Gonzlez.Love in the Time of Cholera Film July 22, 2004, The Guardian. Stone Village has acquired the...

Reggae As Social Change:The Spread of Rastafarianism :: essays papers

Reggae As Social ChangeThe Spread of Rastafarianism end-to-end its existence, Jamaica has experienced numerous revolutions, riots, and various forms of companionable unrest. From early resistance by escaped slaves to all-out fighting to end slavery altogether, not to keep riots in past years, Jamaica has been in a constant state of resistance. all(prenominal) these efforts to make a reassign have created a Jamaican trust called Rastafarianism, and with it comes a very powerful means of transporting its message reggae music. These two forms of looking at formed in the context of oppression, and in doing so they have contributed greatly to the ideologies, attitudes, beliefs, and actions of the people on the island. Rastafarianism is a religion based on social change, and reggae is the means of spreading these beliefs. For a new movement to effectively change the system that is in place, it must realize several goals. The movement must have a clear ideology that is supported by the commonplace populace. The ideology of the Rastafarians has been put forth by leaders, such as Marcus Garvey, Leonard Howell, and surface-to-air missile Brown. The movement must then succeed in organizing people to crumple together in order to support the necessary changes. At this stage, there is most likely going to be resistance from the existing forces that desire to maintain the status quo. Finally it is necessary to get people from early(a) areas to support the cause. Only then is change possible. The message of Rastafarianism has been spread cosmopolitan by reggae artists like Bob Marley, Burning Spear, Peter Tosh, and homoy others. In Jamaica, Rastafarianism emerged as a native religion which addressed issues that affected the majority of the black population.It (black religion) has been equally concerned with the yearning of a despised and oppress people for freedom -- freedom from the religious, economic, social, and political domination that whites have exerci sed over blacks since the beginning of the African slave trade.(1) Early leaders, like Marcus Garvey, stressed the magnificence of repatriation to Africa, and along with that idea, the importance of beating the slave mentality. Garvey wanted to resocialize the black man so he believed himself to be the equal of the white man, and that he could fulfill anything he wanted.Up you mighty race, you can accomplish what you will.(2) Marcus Mosiah Garvey was born in the parish of St. Ann, in 1887. Garvey became a prominent leader in the fight for equality.

The Octopus - Review Essays -- essays research papers

At the playing period of the century, American readers were interested only in stories with happy endings, where goodness was praised and nuisance was punished. They did not particularly care if that was a false interpretation of the port life really was. When men such as Frank Norris, the write of The d unworthyfish, wrote angrily of the injustices and poverty to be found in America, readers sophisticateed a personal manner. The manta made them change their minds. The course of the novel and the reality of its characters held the readers attention. It is so compelling a book that people had to care about the wheat growers, approximately against their wishes. The impact did not end in the early twentieth century, precisely continues its legacy into the new millenium.The Octopus, depicts the conflict between farmers and the pressure over overthrow and power in California. The conflict between these two is revealed through the perspectives of some(prenominal) different gro ups, each viewing it their own way and offering differing slipway to solve or overcome this problem. Norris uses this story as an example to depict what he feels is the most important ethical dilemma of his time. The Pacific and siemens West pressure (P. and S.W.) was the cause of the crisis, and as the crisis built up, they saw it as an opportunity to make even more money off of the farmers. The company, in their selfish desire for wealth, continually cheated the farmers, first promising to sell them railroad pour down at a relatively low price, and then by and by the farmers greatly im... The Octopus - Review Essays -- essays research papers At the turn of the century, American readers were interested only in stories with happy endings, where goodness was praised and evil was punished. They did not particularly care if that was a false interpretation of the way life really was. When men such as Frank Norris, the author of The Octopus, wrote angrily of the i njustices and poverty to be found in America, readers turned away. The Octopus made them change their minds. The course of the novel and the reality of its characters held the readers attention. It is so healthy a book that people had to care about the wheat growers, roughly against their wishes. The impact did not end in the early twentieth century, entirely continues its legacy into the new millenium.The Octopus, depicts the conflict between farmers and the railroad over land and power in California. The conflict between these two is revealed through the perspectives of some(prenominal) different groups, each viewing it their own way and offering differing ways to solve or overcome this problem. Norris uses this story as an example to test what he feels is the most important ethical dilemma of his time. The Pacific and to the south West railroad (P. and S.W.) was the cause of the crisis, and as the crisis built up, they saw it as an opportunity to make even more money off of the farmers. The company, in their selfish desire for wealth, continually cheated the farmers, first promising to sell them railroad land at a relatively low price, and then afterwards the farmers greatly im...

In Favor of Sex Education in Schools Essay example -- Education, Sexua

Sex education is a major subject of interest among teenagers generally during the puberty degree. The puberty period is usually characterized by increased familiar desires and maturity of the come aliveual organs. Sex education is of most importance during this period in order to avoid deadly mistakes. The argument over conjure education started in the early 1960s when the government sponsored a charge up education campaign in schools worth $176 million (Lemken 2). This innovation ablaze(p) the interest of many prestigious American citizens and the debate on the legalisation of sex education became more intense. It is noted that towards late 1960, after the pros and cons of sex education had been analyzed, it was finally legalized in the U.S. An American reporter, Cindy Patton evaluates that about 40% of the tote up noble schools in the United States introduced sex education as a free elective for students.(26). Hence, it is seen that sex education became part of the curric ulum of high schools. Despite the fact that sex education has been frowned at by a lot of parents, it should be encouraged because it teaches teenagers how to live a healthy internal life thus reducing the rate of teenage pregnancy, rape and familiarly transmitted diseases in the society.The human body is a very complicated structure and as such, the understanding of the delicate parts of the body should be fundamental among teenagers. Bailey Kristen, the author of Sex Education, notes that the trend towards sex education is backward. He states that most people feel that sex education gives teenagers wrong learning about their bodies. Moreover, they believe that it is the duty of most parents to educate their children on their sexual lives and not outsiders. This assertion is actually v... ...ation(NEA). unsanded York NEA.org, June 2008. Print.Manfredi, L. Sexual Urge among teenagers. SeXis Magazine. New York copyright 2009 SeXis Magazine Corporation, 4 May 2009. Page4. Print . Ogunleye, Kingsley. Open sex communicating/education and HIV/AIDS prevention among Nigerian Adolescents and Youths. Guardian Newspaper. capital of Nigeria Copyright 2003-2009 Guardian Newspaper Limited, 18 March 2005. Page 12. Print. Patton, Cindy. blackened Advice How Safe-Sex Education Went Wrong. Durham NC Duke University Press, 1996. Pages 23-26. PrintRidini, Steven. Health and Sexuality Education in Schools. Journal of Social Change. Westport, CT, London Bergin and Garvey, 1998. 31-42. Print. Sprecher, Susan. Perceptions of Sources of Sex Education and Targets to Sex intercourse Socio-demographic and Cohort Effects. Journal of Sex Research 45 (2008). Pages 32-47. Print.

Shakespeares Rosalind Essay -- English Literature Essays

Shakespeares RosalindThe main themes of As You identical It are the pastoral ideal and the ideal of romantic discern. Forest of Aden is the patriarchal setting where these themes develop. Nature serves as a refuge from society where we mickle find solutions to injustice and unhappiness. This play is a comedy and thus has a happy ending but it is not a fairy tail. Shakespeare highlights the diversion between reality and illusion. Rosalind embodies the sensibility, the humor and the kind of love that leads to a happy, symphonious living. She brings the plot to a resolution when four contrasting crunchs end in coupling. The focus of the play is her romance with Orlando. Rosalind wants to find a lover without losing her experience of self in the process. Rosalind answers the questions about love, which arise during the play. She is a lovesick housemaid and yet she remains an intelligent, witty, and strong character. Rosalind is also a good try of character. She sees through Ja ques seemingly deep thoughts and recognizes the wisdom of clown Touchst ane. Furthermore, she cleverly uses her suppress to get to know Orlando and educate him about love. The meeting of Orlando and Rosalind is the most pregnant event in Act 1 of the play it is love at first sight. Celia and her cousin-german talk about falling in love just before the wrestling match. From henceforth I will, coz, and devise sports. let me see, what think you of falling in love? Her words indicate that Rosalind is officious to face the danger of falling in love. She infers that her set about would approve of Orlando because her father approved of his father Sir Rowland. Their meeting reveals a vulnerable side of the Rosalind as she gives him a chain, says, Gentleman, wear this for me and waits for him to continue the conversation. In Act Shakespeare draws parallels between Rosalinds birth with Celia and Orlandos relationship with Adam. When Duke Fredrick banishes his niece from the court, Celia begets a quick decision to go to the Forest of Aden with her cousin and to look for her uncle. This illustrates the degree if love and faithfulness between them. Orlandos elder comrade Oliver denies him education. When Orlando is leaving for the forest Adam wants to go with him to serve and protect him. Master, go on, and I will follow thee To the last gasp with truth and loyalty Yet fortune cannot recompens... ...er than thou art ware of. Touchstone tells her a story about being in love with a girl. He gave the girl something and said wear these for my sake, which are almost the said(prenominal) words that Rosalind said to Orlando in the beginning of the play. The love between Orlando and Rosalind is visualized as superior to other romances, which are more earthy. Touchstone and Audreys romance represents physical passion. He wants to marry her out of church so that the marriage would be invalid. Silvius who is hopelessly in love with Pheobe, represents pastoral love The salm agundi of characters romantic sentiment creates a balance in the play and makes one appreciate their silliness, spirituality and extremities. Compared to Silvius silly infatuation, Orlandos is more of a courtly lovesickness. Rosalind outshines everyone else in the play with her intelligence, wit and depth of feeling. Her humanity and sense of fun make her the ideal romantic heroine. She seems to be centuries ahead of her time. She is a woman who is dead the master of her own destiny and she remains in control most of the time. Shakespeare has created an almost ideal heroine who brings the play to its conclusion.