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Wednesday, July 31, 2019

EC Law Essay

Part A Sonja is a temporary farm labourer of 16 years old. In the summer of 2005 she was hospitalized with sunburn got from working in the field without adequate UV protection according to the â€Å"Ultraviolet Radiation (UV) Protection at Work† Directive adopted by the EC. The Directive provides that the Member States should ensure â€Å"Sunblock and Sunglasses† to â€Å"workers in outdoor activities† within the meaning of the Directive. According to the independent arbitration scheme with employers set up with the approval of the Government by the Finnish Farm Labourers Union, Sonja, has brought her claim before the Arbitrator. Her claim requires that the Arbitrator interpret the â€Å"Ultraviolet Radiation (UV) Protection at Work† Directive. The Arbitrator considers that Sonja’s claim should be dismissed because she is not a â€Å"worker† according to his interpretation of the Directive, but merely an â€Å"apprentice† who does not qualify for legal protection. As provided in the independent arbitration scheme the decisions of the Arbitrator are legally binding and there is no right to appeal. According to the rules of procedure established by the instituting treaties of the European Communities for the Court of Justice of the European Communities, the Court’s jurisdiction is automatically mandatory in the areas expressly provided by the Treaties. There is no need for the Member States to accept this competence which means that the Court can be authorized by only one party, even against Member States. This also means that in the attributed domains by the treaties its competence is exclusive compared to any other jurisdiction. Article 234[1] (ex Article 177) from the consolidated Treaty establishing the European Community provides that: „The Court of Justice shall have jurisdiction to give preliminary rulings concerning: (a)  Ã‚  Ã‚  Ã‚  the interpretation of this Treaty; (b)  Ã‚  Ã‚  Ã‚  the validity and interpretation of acts of the institutions of the Community and of the ECB; (c)  Ã‚  Ã‚  Ã‚  the interpretation of the statutes of bodies established by an act of the Council, where those statutes so provide. Where such a question is raised before any court or tribunal of a Member State, that court or tribunal may, if it considers that a decision on the question is necessary to enable it to give judgment, request the Court of Justice to give a ruling thereon. Where any such question is raised in a case pending before a court or tribunal of a Member State, against whose decisions there is no judicial remedy under national law, that court or tribunal shall bring the matter before the Court of Justice.† In the case of Sonja, because the independent arbitration scheme set up between the Finnish Farm Labourers Union and the employers is conducted with the approval of the Government, to settle disputes regarding pay and conditions of work we can assimilate the Arbitrator with a court of law. The Arbitrator has an exclusive competence in this field. Moreover, he meets the requirements set up in the last provision of the Article 234, as set forth, because his decisions are legally binding and there is no right to appeal. This institutes an obligation upon the Arbitrator that whenever he has to interpret any act of one of the institutions of the Community he should raise a case before the Court of Justice of the European Communities. Therefore, before interpreting the provisions of the â€Å"Ultraviolet Radiation (UV) Protection at Work† Directive on the meaning of â€Å"worker† within the said act, the Arbitrator should have brought recourse in interpretation before the Court of Justice of the European Communities. The conditions for such recourse, as provided in the Article 234, are that: there has to be an open case brought before a national form of jurisdiction that has to request the Court, asking for the interpretation of an act of one of the institutions of the Communities. Because the Arbitrator did not open such recourse before the Court of Justice of the European Communities, Sonja has grounds for dismissal of his decision in front of a higher Finnish court of law through an extraordinary procedure. The dismissal can be decided only on procedural issues and not on the merits of the case because the decisions of the Arbitrator are not subject to appeal. In general, international jurisdictions are only competent to try states. They can not be used as a legal remedy by natural persons. However, the Court of Justice of the European Communities is accessible not only to the member states of the European Communities, but also, in very strict conditions to individuals, natural and legal persons. This provides Sonja with, yet, another alternative for her case. She can bring an annulment recourse before the Court. The annulment recourse is the possibility of the states, institutions of the Communities and natural and legal persons to challenge in front of the Court   a mandatory act issued either by the Council or by the Commission, and to be granted in certain conditions the annulment of the act. This is a way to control EU acts and their conformity with the instituting treaties. The provisions of the Rome Treaties show that there can be subjected to this form of recourse acts that are mandatory like directives and regulations, and in certain situations even decisions.   Article 230[2] (ex Article 173) of the consolidated Treaty establishing the European Community provides that: â€Å"The Court of Justice shall review the legality of acts adopted jointly by the European Parliament and the Council, of acts of the Council, of the Commission and of the ECB, other than recommendations and opinions, and of acts of the European Parliament intended to produce legal effects vis-à  -vis third parties. It shall for this purpose have jurisdiction in actions brought by a Member State, the European Parliament, the Council or the Commission on grounds of lack of competence, infringement of an essential procedural requirement, infringement of this Treaty or of any rule of law relating to its application, or misuse of powers. The Court of Justice shall have jurisdiction under the same conditions in actions brought by the European Parliament, by the Court of Auditors and by the ECB for the purpose of protecting their prerogatives. Any natural or legal person may, under the same conditions, institute proceedings against a decision addressed to that person or against a decision which, although in the form of a regulation or a decision addressed to another person, is of direct and individual concern to the former. [†¦]† Usually, individuals are allowed to bring actions before the Court only in reference to regulations which directly apply to them and directly breach their rights. However, proceedings can be brought regarding a directive in situations in which it has the same effects on the individual.   The â€Å"Ultraviolet Radiation (UV) Protection at Work† Directive directly infringes Sonja’s right to adequate protection for the type of labour she is doing and for the conditions in which she works by limiting the notion of â€Å"worker† to which it applies. With this limitation the Directive breaches the substantial provisions of the Treaty establishing the European Community. Regarding work, Article 13 of the Treaty provides that: â€Å"1.     Without prejudice to the other provisions of this Treaty and within the limits of the powers conferred by it upon the Community, the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, may take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.†[3] Therefore the principle of the prohibition of discrimination on grounds of age is laid down by an instituting treaty. It bears no difference that Sonja is only sixteen. She should not be discriminated against for this reason and not be considered as a â€Å"worker† under the Directive. The term â€Å"worker† is also described in many EU acts, including in the jurisprudence of the Court of Justice of the European Communities. The notion is wide and non-discriminatory, especially when considering a persons rights or the breach of these rights. â€Å"26. In accordance with the Court’s case-law, the concept of worker, within the meaning of Article 48 of the Treaty and of Regulation No 1612/68, has a specific Community meaning and must not be interpreted narrowly. Any person who pursues activities which are real and genuine, to the exclusion of activities on such a small scale as to be regarded as purely marginal and ancillary, must be regarded as a worker. The essential feature of an employment relationship is, according to that case-law, that for a certain period of time a person performs services for and under the direction of another person in return for which he receives remuneration[4]† Moreover, the restriction on the term â€Å"worker† is in direct violation with the Directive No. 33 of 22 June 1994 on the protection of young people at work which applies to persons under 18 and provides that they should have suitable work conditions, â€Å"measures necessary to protect the safety and health of young people[5]†. In conclusion, the limitation of the notion of â€Å"worker† from the â€Å"Ultraviolet Radiation (UV) Protection at Work† Directive that prevents Sonja, because of her age and because she is a temporary worker to benefit from the proper work protection, is in direct violation of the instituting treaties, the principles on which the EU is based, the jurisprudence of the Court of Justice of the European Communities and basic human rights. This provides Sonja, although she is a natural person, with the active legal quality to bring recourse in annulment before the Court due to what she has suffered from the effects of this act. Part B The joined cases of Bernard Keck and Daniel Mithouard were brought before the Court of Justice of the European Communities as a reference under Article 177 of the EEC Treaty[6] by the Tribunal de Grande Instance (Regional Court) from Strasbourg (France), for a preliminary ruling in the criminal proceedings pending before the tribunal against the two. The Tribunal de Grande Instance has asked the Court of Justice of the European Communities to give an interpretation of the rules of the EEC Treaty relating to competition and freedom of movement within the Community. The Court has found that â€Å"Article 30 of the EEC Treaty is to be interpreted as not applying to legislation of a Member State imposing a general prohibition on resale at a loss†[7]. In the decisions of Keck and Mithouard the Court institutes certain principles regarding the measures that can be taken by states. Such a principle is the one stating that: â€Å"national measures which limit or prohibit ‘certain sales practices’ do not fall within the scope of Article 30[8], so long as they are applied to all those operating within the national territory and that they affect in exactly the same way, both in law and in practice, the marketing of national products and those originating from other Member States†[9]. The Court of Justice of the European Communities has subsequently interpreted the decisions in the cases of Keck and Mithouard on the matter of advertising, especially the vague formulation: â€Å"selling arrangements†. The decisions were applied and interpreted in connection to the way producers are able to market their goods and to the marketing strategies used by them. However, the two cases were exceptional interpretations of the Article 28, due to the circumstances and should have been regarded as such. On the contrary, this interpretation was widely extended by the Court. The extension has brought about the possibility of member states to impose certain restrictions in advertising. These restrictions were thought by the Court to be outside the scope of Article 28. Such measures cover fields like: â€Å"TV advertising and sponsorship of programmes aimed at children below the age of 12 being prohibited[10]† in Sweden, the advertising of toys in Greece which is time restricted, banns referring to certain kinds of toys in Germany and Denmark and so on. Goods that are considered â€Å"sensitive† are also subjected to banns even at an EU level. As an example there is the ‘Television Without Frontiers’ (TVWF) Directive in which there is stated that children should not have easy access to advertising for goods such as cigarettes and alcohol. Cases were brought before the Court with regards to such measures. Some decisions given by the Court find basis on its previous Keck and Mithouard decisions: â€Å"With respect to the free movement of goods (Article 30) the Court recognised that the ban on advertising could affect the free movement of the products advertised. It then referred to the Keck-Mithouard jurisprudence and ruled that a Member State could apply such restrictions if they were shown to affect in the same way, ‘in law and in fact’, the marketing of domestic products and of those from other Member States; were necessary for meeting overriding requirements of general public importance or one of the aims laid down in Article 36 of the EC Treaty; were proportionate for that purpose and that those aims could not be met by less restrictive measures†[11].   In conclusion, bans of advertising are considered to be in accordance with the Article 28 when they affect in the same way the marketing of the domestic products and that of the products from other Member States, they are necessary for requirements of general public importance and when less restrictive measures could not have been applied. Thus, the Court institutes the principle of proportionality that applies even if the ban has more serious effects on goods coming from other states than on national ones. Any state restrictions of the â€Å"selling arrangements†Ã‚   automatically affect access to the market contrary to what the Court has considered in the cases of Keck and Mithouard.   It is of course true that such restrictions provided in a non-discriminatory way do not infringe of the free movement of goods, but they do affect trade. Measures taken by states have to be â€Å"uncertain† and â€Å"indirect†, for them to fall outside the scope of the Article 28 and be regarded as breaches of the free movement of goods. The Keck case institutes a kind of presumption that certain measures taken by states, that fall under a certain category should be regarded as â€Å"uncertain† and â€Å"indirect† and therefore outside the scope of Article 28. This presumption is damaging in some cases. The measures should be analyzed according to the merits of each individual case and the effects they have in that particular case. Therefore, I believe that the cases of Keck and Mithouard affect the balance between state responsibilities and the free movement of goods. Bibliography: Consolidated Version of the Treaty Establishing the European Community (2002), Official Journal C325, Retrieved of the 10th on January 2005, Available at:   http://www.europa.eu.int/eur-lex/lex/en/treaties/dat/12002E/htm/12002E.html Brian Francis Collins v Secretary of State for Work and Pensions (23 March 2004); Judgment of the Court (Full Court);Case C-138/02; European Court reports 2004 Page I-02703, Retrieved of the 10th on January 2005, Available at: http://www.europa.eu.int/eur-lex/lex/Notice.do?val=287581:cs&lang=en&list=391912:cs,287581:cs,341893:cs,287498:cs,278038:cs,277710:cs,269338:cs,264078:cs,250808:cs,247148:cs,&pos=2&page=1&nbl=18&pgs=10&hwords=work~worker~&checktexte=checkbox&visu=#texte Criminal proceedings against Bernard Keck and Daniel Mithouard (24 November 1993); Judgment of the Court;   Joined cases C-267/91 and C-268/91, European Court reports 1993 Page I-06097, Retrieved of the 10th on January 2005, Available at:   http://europa.eu.int/eur-lex/lex/LexUriServ/LexUriServ.do?uri=CELEX:61991J0267:EN:HTML#DI    Council Directive 94/33/EC of 22 June 1994 on the protection of young people at work, Official Journal L 216 , 20/08/1994 P. 0012 – 0020,   Retrieved of the 10th on January 2005, Available at: http://europa.eu.int/eur-lex/lex/LexUriServ/LexUriServ.do?uri=CELEX:31994L0033:EN:HTML Lolivier, Marc (January 1998), The De Agostini ruling and advertising regulation, Commercial Comunications Newsletter, Edition 10,   Retrieved of the 10th on January 2005, Available at: http://europa.eu.int/comm/internal_market/comcom/newsletter/edition10/page04_en.htm Stanbrook, Lionel ( October 1997), Children’s advertising, consumer protection and the country of origin principle, Commercial Comunications Newsletter, Edition 09, Retrieved of the 10th on January 2005, Available at: http://europa.eu.int/comm/internal_market/comcom/newsletter/edition09/page18_en.htm Statute of the Court of Justice (November 2005), Retrieved of the 10th on January 2005, Available at:   http://curia.eu.int/en/instit/txtdocfr/txtsenvigueur/statut.pdf Þorvaldsson,   Bjà ¶rn (2002), Keck and Mithouard,   Master Thesis, Master of European Affairs Programe, Law, Retrieved of the 10th on January 2005, Available at: http://www.jur.lu.se/Internet/english/essay/Masterth.nsf/0/585A26471860B6F6C1256BCD00730AAF/$File/xsmall.pdf?OpenElement Mollers, Thomas M.J. (February 2005), EuGH, Rs. C-405/98 v. 8.3.2001 – Gourmet International Products, Faculty of Law, Augsburg University, Retrieved of the 10th on January 2005, Available at: http://www.jura.uni-augsburg.de/prof/moellers/materialien/materialdateien/050_eugh_entscheidungen/eugh_1998_405_gourmet_international_products_en/ Competitive Federalism and Market Access in the EU, Jean Monet Center, NYU School of Law, Retrieved of the 10th on January 2005, Available at:   http://www.jeanmonnetprogram.org/papers/01/012701-04.html [1]   Treaty establishing the European Community, Art. 234 [2] idem, Art 230 [3] idem, Art. 13 [4] Brian Francis Collins v Secretary of State for Work and Pensions (23 March 2004) [5] Council Directive 94/33/EC of 22 June 1994 on the protection of young people at work. [6] Treaty establishing the European Community, ex Article 177 [7]Criminal proceedings against Bernard Keck and Daniel Mithouard (24 November 1993) [8] in the consolidated Treaty the number of the article has become 28 and it will be referred to accordingly [9] Lolivier, Marc (January 1998), op. cit. [10] Stanbrook, Lionel (October 1997), op. cit. [11] idem

Tuesday, July 30, 2019

Contemporary issues of surrogacy and birthing technologies Essay

An Estimated 10-15 per cent of Australian couples who want to start a family are infertile, similarly same-sex couples are unable to reproduce and this has led to the use of surrogacy and birthing technologies to provide a means to overcome such barriers in having children. The changing views of society along with the corresponding reforms of the law in relation to these procedures have been main contributors to contemporary issues within the area being addressed, however the effectiveness of legal and non-legal measures in place is questionable. With diverse perspectives and interpretations on what is a just outcome for all parties involved, it is difficult to evaluate such a controversial matter. Issues relevant today in relation to surrogacy include the exploitation of women overseas through commercial surrogacy as well as the presumption of parentage and parentage orders, even with the approval of legal measures dealing with such problems, conflict of views indicate many people do not agree and feel there is a great need for reform. Birthing technologies hold many interrelated issues of concerns with difficulties in defining legal parents in relation to birth certificates as well as the roles and responsibilities of gametes donors. The amendment of previous laws in addition with the introduction of new ones aim to better reflect the changing values of society with non-governmental organisations and the media attempting to assist in informing the public and creating awareness with current issues. Surrogacy is a difficult issue, especially in Australia where the law varies from state to state. Many infertile Australian couples seek the services of surrogate mothers overseas in the United States, India and other countries, spending up to $80,000 and risking breaking the law. The current issue of concern in this, is not only the exploitation of poor women but also the Australians being overcharged by these clinics as well as the legal status and protection of children caught up in the booming overseas surrogacy trade. Currently under Australian law, altruistic surrogacy is acceptable however commercial surrogacy is banned in all states, excluding the Northern Territory with no current legislation targeting surrogacy. The Surrogacy Act 2010 was designed to accommodate altruistic surrogacy moving against  commercial surrogacy, while setting out safeguards to achieve the best interest of the child and attempt to uphold all surrogacy agreements. This can be seen as an effort to sufficiently reflect societal views within the law as a 1993 survey revealed community attitudes towards commercial surrogacy had a 30% approval rate whereas 59% disapproved. Since its commencement in March 2011 overseas commercial surrogacy arrangements have also been made illegal in NSW, Queensland and the ACT, with the NSW Parliament introducing extraterritorial provisions that extend the offence to outside the jurisdiction for residents, who could possibly face fines of up to $100,000 or up to 2 years prison if caught. This legal measure however is questionable in its ability to achieve the best outcome for the child, being a punishable offence and enabling the imprisonment of parents or subjecting them to a financial hardship could only worsen the situation for a child involved. Moreover this amendment to the bill was willfully added with little review of its consequences, motivated to reduce the exploitation of poor women in developing countries, it fails to ensure the best interest of the child and that justice is achieved. Failure of existing law has led to a further need for reform as the criminalization of overseas arrangements is difficult to police and unenforceable which has created issues of compliance and non-compliance. Currently an estimated 40 per cent of India’s $2.5 billion commercial surrogacy industry is made up of Australian clientele, however complaints about the overcharging nature of these clinics are increasing. This is problematic as there are few protections for intended parents in India with its unregulated industry as well as the legal restrictions in Australia, creating difficulty in the ability to monitor such arrangements. Chief Federal Court Magistrate, John Pascoe issued a statement in December proposing Australia should legalise commercial surrogacy to ensure that agreements are properly regulated to protect children, surrogates and commissioning parents. This statement attempts to introduce a different approach similar to that of California, which relies on executed contracts between intended parents and the surrogate, defining the legal status of the child as well as the responsibilities of all parties. NSW Greens MP David  Shoebridge commented on the present act saying â€Å"What began as a progressive legislation giving equal rights to all children has ended up as regressive legislation which will force parents underground and create uncertainty around many children’s parenting†. Pascoe’s proposal would allow for better control of the issue, avoiding the criminalisation of parents and the need for intending parents acting outside of the law, which has been the result of pr esent legislation. Surrogacy Australia is a non-governmental organisation and advocacy group, which is currently addressing the concern for intended parents involved in overseas arrangements who are being cheated and taken advantage of by clinics. Increasing complaints to the organisation as well as research collected, suggests Australians are being overcharged by up to 40 per cent and more so being billed for unnecessary medical procedures on surrogates. Surrogacy Australia is a support organisation assisting those who require help and access to information, with a present focus on warning and creating awareness of this concern, for those in the future considering the surrogacy option. Research by the group also suggests the ineffectiveness of the existing laws, revealing the ban on commercial surrogacy, deters only 7 per cent of considering parents and this places a certain pressure on the government to reconsider its prohibition. A further issue arising from the inconsistent laws targeting surrogacy in Australia is the presumption of parentage, whether in cases of genetic or gestational surrogacy. Under the previous legislation, with cases governed by the Status of Children Act 1996, a child’s legal parents were its birth mother and her husband or de facto partner, irrespective to whether birthing technologies were used. For intending parents this caused a number of legal problems as they could be subject to tumultuous legal obstacles when applying for full parental rights and therefore led to the commencement of the Surrogacy Act on the 1st of March 2011. The reformed Surrogacy Act 2010 (NSW) has recognised certain altruistic surrogacy arrangements and created a process for transferring legal parentage from the surrogate mother to the intended parents in a more time-effective manner. The eligibility requirements and preconditions to  obtain a parentage order are also contained in this act and this is for purposes of creating a more structured system, considering the best interest of the children and also to regulate arrangements, as they cannot be enforced, except by the birth mother. The stated aim of surrogacy laws in Australia has been and remains to be the prevention of exploitation of vulnerable adults, to avoid the commercialization of reproduction and to protect the best interests of children. However children born overseas through surrogacy are not the legal children of their Australian intended parents; none of the state inquiries directly address the problem of parentage for children when adults travel out of the jurisdiction and or pay a birth mother to carry the pregnancy and this creates another challenge for parentage orders. Intending parents cannot lodge an application for a transfer of parentage until they return to Australia and currently the Australian Citizenship Act 2007 excludes commercial surrogacy. This is a contradiction in the attempt to protect the child, with courts torn between two irreconcilable concepts, finding on one hand parliaments intention to prevent commercial surrogacy with a clear policy across the country, and on the other the courts duty to mitigate such policy by consideration of the child’s welfare, who may end up a stateless orphan if orders are not made. Recent changes to commercial surrogacy in India however, may be of assista nce in preventing such situations from occurring. The Indian government has issued a directive that only couples who have been married for more than two years can enter into commercial surrogacy arrangements, and only if it is legal in their home country and this will have a huge impact in making Australian law unavoidable. Moreover on parentage orders, the increasingly complex web of eligibility rules developed through successive reforms to safeguard the interest of children, appear to also be inadequate with the family formation behaviours of those involved in surrogacy. This was demonstrated in the case of AP v RD (2011) NSW, which took place prior to the commencement of the Surrogacy Act on The 1st of March, with its provisions and requirements remaining, AP applied for a parentage order under the Surrogacy Act in the Supreme Court. This parentage order could only be made with all the preconditions met and in this instance the court was satisfied that the arrangement was made prior  to conception, however declined to make the parentage order due to the provision of a counselor’s report and evidence confirming the parties consent was not to a satisfactory level . This shows the courts ability to protect and ensure the rights of the surrogate mother and her partner, as consent is a dominant requirement in surrogacy arrangements. Although indicates an ineffectiveness in achieving justice for intending parents, demanding an excessive amount of evidence to allow parentage orders. With the intention to create better circumstances and gain parentage rights regulated by the law, these precautions can be seen to make it somewhat difficult for arrangements to be followed through as seen in this particular case. The reform inquiries were commenced by hastily arranged parliamentary inquires, where only six to nine months was allocated for the entire hearing and reporting process. This implies the new laws in Australia are based not on evidence of the actual behaviour or needs of families formed through surrogacy to date, but rather on inaccurate ideas and assumptions about the threats and problems with surrogacy and how they can be ‘improved’. The Federal Attorney-General, Phillip Ruddock, is calling on the states to bring â€Å"some uniformity† to the widely different laws covering surrogacy and this is an indication for a further need to reform. Prior to reforms made to the Family Law Act 1975, a birth mother that used an artificial conception procedure to conceive, in a same-sex relationship, was unable to legally identify her female partner as a parent, whereas in the case of heterosexual relationships, the law allowed the husband or male partner to be recognised as a parent. Before 2008 children born to lesbian couples only had one legal parent, and it was not uncommon for a sperm donor’s name to be recorded in recognition of their biological relationship. The Human Rights and Equal Opportunity Commission found this to be inequality in the law and an issue of discrimination. The fact that the Family Law Act was designed to accommodate and emphasise the heterosexual family also caused difficulty for judicial officers to resolve cases and disputes within same-sex families. In response to this, the NSW government in 2008 amended the Status of Children Act 1996 (NSW) and the Births, Deaths and Marriages Registration Act 1995 (NSW) with the Miscellaneous Acts Amendment (Same Sex Relationships) Act 2008 (NSW). This created a parenting presumption in favour of women of same-sex relationships, through recognising the female co-parent of children born through birthing technologies as well as allowing both mothers to be listed on the child’s birth certificate. Accomplishing the best interest of the child who no longer will only have one legal parent, the act also successfully reflects the change in community attitudes as negative societal outlooks on homosexuality has decreased with recent years presenting a more accepting nature. A birth certificate creates a rebuttable presumption of parentage however a presumption arising out of use of a fertilization procedure is certain. The case of AA v Register of Births, Deaths and Marriages and BB (2011) focused on a man who donated sperm to a lesbian couple, considering himself to a father to the child conceived while forming a loving relationship with her and contributing thousands in support payments. This was the first case of its kind after the amendments made to the law in 2008, attempting to forcibly remove BBs name from the child’s birth certificate in a court battle that succeeded. Bringing forward the notion of legal parents versus biological parents creates the potential for complex issues surrounding children born to same-sex couples. Sperm donors have no legal parental status even if they’re on a birth certificate, with partners of lesbian mothers gaining that right automatically with the introduction of the act in 2008. Judge Walmsley, involved in the case, suggested allowing for three parents to be on the birth certificate as he recognised its powerful symbolism. However it is not possible under NSW law to have three parents with legal responsibilities, had he had sexual intercourse with the mother or married her, he would have gained this legal status. This essentially highlights the inadequacy of laws dealing with multi-parent families. Janet Loughman the Principal solicitor of Women’s Legal Services NSW stated, â€Å"Contrary to popular belief birth certificates do not make you a parent, they are just proof, like a drivers license. They record legal parentage,  not genetic parentage. It is the legal parents who need that proof as they go about the daily business of raising the child†. Even so, donors do not often involve themselves in the life of their child and prior to 2010; the Status of Children Act 1996 (NSW) stated that the identity of donors would be concealed allowing them to maintain their right to privacy. However this resulted in concerns arising for the children, as they were likely to suffer from lack of information about their genetic heritage with identity crisis or medical and social dilemmas impacting them negatively. The Assisted Reproductive Technology Act 2007 commenced on the 1st of January 2010, with it, introducing the National ART Donor Registry. The Assisted Reproductive Technology Regulation 2010 specifies by law what information about both the donor and donor conceived child must be provided and recorded in the registry, which is then accessible by the child at the age of 18. Significantly the rights of the child are being addressed, although this is not concurrent with those of the donor, with the legislation only allowing their access to the child’s date of birth and sex. The commencement of this legislation has provoked a wide range of responses and this in itself speaks for its effectiveness in the view of the community. The opposition health spokeswoman, Jillian Skinner commented on these changes to the bill saying, â€Å"Proposed new laws to assist donor children to know who their fathers are, have been a long time coming†. Suggesting the NSW government had a delayed response to this current problem for children, as drafts for the legislation were introduced to parliament in 2003 implies an unproductive approach in assisting children in these situations. This has now resulted in confusion towards the stance of the law in prioritising the best interest of the child or upholding privacy rights of donors prior to the enactment of the regulation. In the past 10 years, fertility clinics have only allowed donations from men who are willing to provide their identity for recording and this has resulted in the number of sperm donations decreasing by more than half between 1998 and 2008 according to the President of the Fertility Society of Australia, Peter Illingworth. Through the establishment of the ART Donor  Registry it can then be assumed this will lead to an even further decline in the number of sperm donations in Australia. Peter Illingworth also commented on the exposure of donor identities, which may occur due to the introduction of the legal clause giving the government power to demand access to this information. â€Å"We can’t release the information at all without the donor’s consent and it is as simple as that†¦ consent over-rides everything†, emphasising the importance of their right to privacy and the fact that this legislation was not enforceable when they chose to donate sperm plays int o the injustice that will occur if the government chooses to enable such actions. Regardless of this Jillian Skinner feels â€Å"The rights of children will now be enshrined in the legislation so that any child born through ART will, after they turn 18, be able to know the details of their biological parents†. Being the most important focus this understanding emphasises the fact that the current regulation, does provide a legal certainty that the best interest of the child is ensured. The media can be accredited through its release of numerous articles keeping track of the process and government introductions of new laws and regulations. Ensuring the community is aware and informed of changes in legislation that may impact on previous sperm donors or those considering donating, will help avoid any confusion or injustice occurring in the future. The commonwealth government of Australia cannot universally legislate for reproductive technology practice. Therefore each state and territory is responsible for designing and implementing separate legislation. This has resulted in laws and practices that differ from state to state. Advances in birth technology have created a great need for law reform as they challenge the long-standing moral and legal conceptions of ‘family’ and ‘parent’. It is difficult to compare surrogacy with other reproductive methods, as the surrogate mother is undergoing all the emotional, mental and physical feelings of pregnancy, not simply donating an ovum and therefore laws in place protecting surrogate mothers in Australia and overseas are important, however are useless when they compromise the rights of intended parents and the children. The current debate, taking place in Australia reflects the rapidly changing legal landscape and societal attitudes in relation to surrogacy and assisted reproductive technology. The wide divergence in  Australian and international laws are indicative of the range of opinions about surrogacy and assisted reproductive technologies and of the challenges lawmakers face in staying up to date with these new technologies. Thus far the attempt to satisfy and cater for all contemporary issues within the area can be furthered to remove inconsistencies between state and federal, as well as clarify legal rights of all parties involved. However laws relating to these issues have been slow to pass with the government and courts constrained by existing legislation, suggesting the legal and non-legal measures are more so ineffective than they have been efficient.

Monday, July 29, 2019

Last philosophy paper Essay Example | Topics and Well Written Essays - 500 words

Last philosophy paper - Essay Example nce, if a philosopher asks whether knowledge originates in the senses or in the mind, this presupposes the philosopher has the right concept of knowledge, of mind, of senses, and of origination. Without these more basic concepts, the philosophical enterprise is doomed to wander aimlessly. An equally popular example of a philosophical question is, naturally, What is the meaning of life? Likewise, this question presupposes an understanding of the terms involved, and through a realized insight into what the terms refer to, one might come to understand the answer to the question. The question I am asking reflects on that existential quest for meaning. However, the quest for meaning I am concerned about deals not with life in general, but with the subject of a life. What is the meaning of my life? By changing the question, I have introduced a new term, but one which simplifies the issue and makes my life in particular something which must be grasped before attempting to answer the question. However, it is unclear is how I am to understand my life. As opposed to life in general, my life is defined by particular values and experiences that are not shared between different people or cultures. For example, my career as a Director of Sales and Marketing is driven by my experiences, knowledge, and values that I alone possess. My individuality reduces the issue to one of narrowing down what is important to me and finding values in those experiences. Asking the question in terms of my life provides a certain methodology for understanding how to answer the question, for if life shares certain essential characteristics, then it would not matter if it were my life the question asked about, or my neighbors life. This is the existentialist slant in trying to find an answer to the question. The philosopher Sà ¸ren Kierkegaard called this kind of answer a â€Å"leap of faith†1, and that the values, which belong to individuals, vary enough to give themselves, and their lives,

Sunday, July 28, 2019

Analysis of Quinceanera is one Hispanic tradition Essay

Analysis of Quinceanera is one Hispanic tradition - Essay Example So, she promised me that she would buy me such a dress that would make me feel like Cinderella. I was so happy when finally she bought me a soft pink dress with shining white flowers lining its border. I had not seen such a glamorous dress for a girl my age. And then the special day arrived. I wore the beautiful dress and joined my parents and relatives to start the religious ceremony. The most special thing that happened that day was that my father, who had separated from us some years ago, was with me to celebrate my day. We went to the church and prayed to God for my health and prosperity, and thanked Him for bringing this day to my life.   When the ceremony was over, we went to the park on a limousine to take pictures. We took all sorts of single and group pictures so that I could make an album of them to be able to recollect this day’s memories later.     My mother gave a presentation to thank all friends and family who had come to celebrate my birthday party. She a lso wished me a very happy birthday. Then, the ball dance began. I danced with my eldest brother, William. I was worrying that something would get wrong and everybody would laugh at me but it all went very smoothly.   Then, it was time for my father to wish me a happy birthday. I became so emotional at that moment that my eyes filled with tears and a friend of mine offered me a tissue paper so that I could wipe my tears away. His speech made me cry because I really never realized how much my father loved me.  Ã‚  ... Then, the ball dance began. I danced with my eldest brother, William. I was worrying that something would get wrong and everybody would laugh at me but it all went very smoothly. Then, it was time for my father to wish me a happy birthday. I became so emotional at that moment that my eyes filled with tears and a friend of mine offered me a tissue paper so that I could wipe my tears away. His speech made me cry because I really never realized how much my father loved me. He said, â€Å"Now it’s time to make my little girl a young lady†, and then he got on his knee, changed my slippers and had me put on a soft pink high heeled pair of shoes, and kissed me. My aunt took me to a nicely decorated room where she applied makeup on me. I was really looking like a young lady. After that, it was time for lunch. The menu had some of the most delightful and well-known Spanish dishes such as salad, lasagna, platanos (plantains), sopa de pollo (homemade chicken soup), pernil (smoked pork), empanadas, rice with beans, corn, and meat. Everybody praised the menu and enjoyed the lunch to the fullest. Then, it was time for goodbye and I bade farewell to everybody. I end my narrative with some very warm, cozy, soothing and pleasant memories in my heart that my pen is not being able to convey to the paper very efficiently. What I felt that day is being impossible for me to describe in words. Whenever I see those pictures that we took in the park, I miss my friends and most of all, my father. He was there with me that day and became the biggest reason why that day was the most special day of my life. Last but not the least, I thank my mother to arrange such a wonderful celebration for me on my fifteenth birthday and making me feel like a

Saturday, July 27, 2019

English literature Essay Example | Topics and Well Written Essays - 1500 words - 3

English literature - Essay Example Motivated by her need to act and accept change, she finds out a religion known as Earthseed, which is said to be a religion of action, and it works against the existence of a literal God who creates, shapes, and controls reality. Finally, the group reaches Bankole’s land where they settle and form the first Earthseed community. Here they start teaching and practicing the Earthseed values and trying to accomplish their destiny of taking root among the stars. In the novel, The Parable of the Sower, Lauren Olamina is the protagonist, an African American teenager. Lauren resides in Robeldo, which is almost twenty miles from Los Angeles. Robeldo has turned out to be a walled closed society partly protected from the extensive lawlessness and distressed poverty that is beyond the walls of the neighborhood. When the inhabitants are murdered by gang of arsonists and thieves, Lauren is one of the few who survive. She decides to take action with several friends in a risky search for a better life. Butlers worrying tale is written in the form of Laurens journals, and this becomes an adventure story of an exploration of the negative trends in the American society that had become particularly palpable at the time the novel was written. In the Parable of the Sower, Butler’s criticism of religion emphasizes religion which, as I see it, in the novel is the source of the social problems, and this motivates one to talk about religion as viewed in the book. In the novel, Lauren criticizes the American Christian tradition. Lauren, who is the daughter of a Baptist teacher, has lost faith in her father’s God, the God of Christianity. Her feelings are clear in the novel when she writes, â€Å"At least three years ago, my father’s God stopped being my God. His church stopped being my church† (Butler 7). According to Lauren, the Christian God is nonsensical regardless of the environmental and social problems. She, therefore,

Friday, July 26, 2019

Marketing analysis Essay Example | Topics and Well Written Essays - 750 words - 1

Marketing analysis - Essay Example The following discussion seeks to assert the purposes of the target market in the organisation. Further, the discussion shall argue upon the marketing mix variables adapted by the organisation in increasing its competence in the provision of health care services. The organisation asserts that its devotion is to deliver health services to the UK population. It declares that every person in the country has a vital role, and acquainting them with relevant health services is the ultimate way of ensuring functionality (Stuart, 2013). Holding to the fact that nursing and midwifery are a continued health course, it is knowledgeable that the organisation’s target market is centred on the existence of health complications in the society. Every person is vulnerable to diseases, hence at a certain point, he will need medical attention (Scullion & Guest, 2007). The organisation beseeches the UK society to trust in the health practitioners from all of their obligations aim at delivering profound health services. Its target market includes children in schools, arguing that they should seek health care in case of health complications from the available school nurses (Kirpal, 2011). Secondly, the organisation asserts that expectant women should seek healthcare services during their prenatal and postnatal stages from the midwives and other relevant personnel. Further, the organisation extends its care to people suffering from mental health arguing out that they are of importance as any other groups of people in the community (Scullion & Guest, 2007). On a different account, the organisation declares its devotion in providing health care services to the ageing and aged population (Kirpal, 2011). Arguably, it is knowledgeable that the organisation’s target market combines all groups in the demographic segment as it declares the types of services that its personnel shall deliver to each category of people in the population. The organisation combines

The Social Media Essay Example | Topics and Well Written Essays - 500 words

The Social Media - Essay Example I support the view that ‘Social media is constructive’; it constructs relationships, it constructs one’s knowledge, and it is beneficial from personal to professional levels. Those who are in the habit of using social networking websites are more knowledgeable than ordinary people. Social networking websites, to be specific ‘Facebook’ which is the famous website used in the world, helps in cross-cultural communication, i.e. we communicate with people not only from different cities of our country but also with people all over the world. This communication helps to develop understanding of different cultures, lifestyles and opinions of people. During the communication different people share different experiences in the form of narratives and we in return share our experiences, this therefore leads to development of knowledge about experiences, cultures and people. One of the main roles that Facebook plays is that of reconnecting people and older acquaintances. This reconnection is so simple that a limited knowledge about the target person is enough to re-establish a relationship. There have been multiple incidents where departed relatives have met again only because of the social networking websites. In words of Browling (n.p), social networking websites provide a mean of reconnecting to the past. ‘Spread the word’ seems to be the major task of such websites. People create different communities and groups on Facebook. These groups can be any group based on any constructive idea promoting one common goal. Spreading the messages gets easier and faster through such websites. The examples are endless from all the corners of society, be it personal or professional. The point is clear that social media is more than a technology. It is a sub-culture adopted by the people around the globe. To conclude it can be said that this

Thursday, July 25, 2019

AS Level History - Tsarist Russia, 1855 - 1917 Essay

AS Level History - Tsarist Russia, 1855 - 1917 - Essay Example Contextually, a few of the key attributes of the country (such as the huge size and the diversity issue which concluded on the insecurity factor of the economy, the gradual development of the country as a military state, and the poverty regions), laid the foundation of Tsarist Russia during 1855 with the inheritance of Alexander II. However, similar to any other event of history and reform the phase was set to dusk by Nicholas II during the end of 1917 (Bromley, J. â€Å"Russia, 1848-1917†). 1. Embarking on Reforms by Alexander II Alexander II played the most crucial role in the underpinning of Tsarist government through embarking several reforms which evidently concluded the philosophy of Serfdom in Russian economy. It was in 1855 when Alexander II happened to be the ‘Tsar of Russia’ after the death of Tsar Nicholas I. Consequently, Russia was then involved in the Crimean War which created an impact on the perception of Alexander II regarding the military outlook of the economy. With this changed perception, Alexander II established several reforms, such as the Emancipation Manifesto including 17 parliamentary acts aiming to free the serfs (i.e. the class of peasants fundamentally associated with agricultural labour) in Russia. The reform further rewarded the right to the serfs to purchase land from their landlords and therefore abolished the practise of personal serfdom in the economy. Noteworthy, the amount to be payable in turn of the land would be provided by the government in advance to the landlords and shall be recovered from the peasants in regular intervals. This indeed created an intense pressure on the serfs which was evidently on the contradictory aspect of the main objective of the reform to abolish serfdom (Spartacus, â€Å"Alexander II†). Furthermore, Alexander II introduced many such reforms which indirectly strengthened the power of the wealthy class, affecting the interests of the poor class of the economy. For inst ance, the establishment of Zemstvo in 1864 which would represent a council in each district, possessing the right to build up roads, provide medical services and educational services to the local people. However, the power to elect the members of the Zemstvo was restricted in the hands of the wealthy group of peoples demonstrating the inequality of rights existing within the economy. Apart from this the Tsar ruler also introduced reforms intended to the development of the municipal government, and universal military training. He also emphasised on the issue related to the expansion of industrialisation and the railways networks all around the country (Vernadsky, G., â€Å"A History of Russia†). 1.1. Reasons to Embark on these Reforms Alexander II gained his identification as the emperor of Russia in 1855, incidentally when the economy was facing the issue of Crimean War with turkey which was satisfied with a treaty of Paris. This result of the war evidently affected the perce ptions of Alexander II influencing him to believe that the military state of Russia was on a downfall. Moreover, the comparison of the Russian economy with that of France and Britain proved that the economy is evidently at a slower pace, inadequate to compete

Wednesday, July 24, 2019

Against Legalizing Prostitution Essay Example | Topics and Well Written Essays - 1000 words

Against Legalizing Prostitution - Essay Example nthropology, and Social Work at Central Michigan University and Shekarkhar works at the Department of Sociology and Criminology & Law at the University of Florida. Hayes-Smith and Shekarkhar focus on the flaws of the current construction and propose alternative constructions instead of prostitution decriminalisation. According to Hayes-Smith and Shekarkhar, prostitution remains illegal in most parts of the US. The authors question whether there is empirical evidence to support United States’ argument that prostitution must remain illegal for maintenance of public health/safety. According to the article, there are four assumptions of laws on prostitution. These assumptions include illegalisation of prostitution deters the soliciting of such services, prostitution spreads sexually transmitted diseases, sex work increases the vulnerability of prostitutes to victimization, and prostitution creates social disorder. Hayes-Smith and Shekarkhar argue, â€Å"†¦these assumptions have fear-inducing component directed towards prostitutes† (45). The authors add that the assumptions may also not be empirically valid. Hayes-Smith and Shekarkhar believe that laws on prostitution are directed towards benefiting certain people and groups in society, but devastating others. Community members do not have common beliefs; hence, the laws are beneficial who believe that exchange of sex for money is morally reprehensible and a way out of the traditional family order. The authors posit that illegalisation of prostitution leads to injustices because it stigmatizes sex workers, infringing their right to use their bodies as a source of income. The flaws identified in the current prostitution laws makes Hayes-Smith and Shekarkhar call for an alternative construction for addressing the inefficiencies. Additionally, Hayes-Smith and Shekarkhar posit that prostitution should actually be decriminalised because it is rampant among the upper class citizens whose chances of criminalization are

Tuesday, July 23, 2019

Do shops portray Christian Christmas festivity or perpetuate a Essay

Do shops portray Christian Christmas festivity or perpetuate a commercial tradition - Essay Example The messages are everywhere, creating a world that is transformed for a few months of every year. However, in looking around at the many ways in which the world does transform during this time of year, one can see that a fantasy world is created within the many delightful ways in which the decor in retail, residential, and businesses is changed to reflect imagery of everything from Father Christmas to snow fairies. The use of color becomes more extravagant, the explosion of glittering ornamentation becomes rich and vibrant with color combinations being bold and celebratory. Lights are twinkling everywhere one looks and the world becomes transformed into a winter fantasy in which no dream of interior or exterior decorating needs to be edited or toned down in order to be appropriate. One of the most wonderful aspects of this season is the many window displays that are seen in shops and department stores, some advertising their wares, where others are defined by an artistic sensibility that defies extravagance. Some types of window display advertising is intended to highlight consumer goods, while others are intended to draw people in and communicate a different sort of aesthetic through invention and creativity. The window displays that are available for view during the Christmas season are some of the most wonderful examples of interior landscaping that can be seen throughout the year Christmas and Culture To understand the way in which Christmas affects people, it is imperative to look at the event from an anthropological perspective. Most academic fields have opinions on the rituals that constitute the Christmas season. The field of psychology allows for researchers to make observations on behaviour in order to explain crucial elements of the relationships that people share with one another. The seasonal rituals create a language that can be opened up and interpreted for the ways in which we communicate emotions during that time of year. The spending habits du ring this time of year, however, is of most interest to anthropologists as they study the ways in which people paradoxically complain about the commercialism of Christmas while participating in the extravagances of the season. According to Highfield, in the United States Christmas purchases equal approximately one sixth of all retail business, while in the U.K. gift purchases equal approximately eight percent of the economy is devoted to producing items for Christmas gift giving. It has been determined that approximately four percent of the income in the U.K. is spent on Christmas (30). People spend their money during this time of year in order to reap the rewards of the hopes they have for their relationships with others. Whether those hopes are realized or not, those hopes are fueled and sustained through the advertising that suggests that certain responses will occur when spending habits are turned towards their products. This type of advertising promotes the agenda of retail env ironments so that the perpetuation of Christmas spending allows for economic benefit to the economy. The stimulus that is provided by Christmas spending is a good thing, an advantage that should not be held in a paradox of

Monday, July 22, 2019

Mass Communication Comparative Analysis Essay Example for Free

Mass Communication Comparative Analysis Essay 1. Introduction I believe that the purpose of my media audit was to take our initial idea of what we believed our media usage was and to measure and compare it to our actual quantified results. I believe this was excellent exercise to carry out in order to observe how much Media affects our everyday lives. Our society in America bases a large part of our adolescent learning process on what we acquire from outside sources. Therefore, to analyze, where the basis of many of adolescents’ perspectives derive from, was exceptionally insightful. Adolescents are bombarded daily by youth issues, such as: staying adhered to their morals, developing their character, self-image, self-respect, fitting in, feeling love, and avoiding brutality. Are these dilemmas not enough? The fact that mass media completely plays off human’s insecurities, in order to make a few extra dollars, baffles me. Although, we’re college students and have developed quite a bit since these problems were momentous, I still believe we are constantly facing struggles related to these. Therefore, the purpose of an experiment that monitored our time relating to each category of typically negative influences is immeasurable. People don’t take into account the importance of gaining knowledge for themselves. Considering the little girl at the beginning of My Media Audit who cared enough about the source of the â€Å"sea monster† and bubbling lake. She needed to gain the understanding of this monster came to be, and why her whole life she has heard rumors of death, yet never had any solid examples. This personal knowledge relates to our society’s topic of culturally transmitted knowledge. Strengths of culturally transmitted knowledge include: reserved knowledge, handed down to future generations, can become institutionalized, doesn’t have to be reinvented. However, the weaknesses of culturally transmitted knowledge, involve important points as well. Secondhand knowledge can be wrong; It is difficult to correct once it has been established, and it can be manipulating. Furthermore, mass media uses America’s culturally transmitted knowledge to sell their products. Anything looks appealing when you are only viewing it from its â€Å"good side.† Because people haven’t really bothered to investigate advertisers’ motives, or worse, actually enjoy the hype, mass media continues to flourish effortlessly, using naà ¯ve individuals, as its victims of prey. I believe the positive influence that My Media Audit will continue to have on its students, will make a difference. As students begin to constantly think critically and question, the intention of â€Å"The NEW Ipad!† and its employers, controversy will stir up debate. People will hopefully be more aware of when they’re being manipulated and â€Å"convinced† one way is the only way. Just as the girl who thought critically, instead of believing the town’s established idea, I am striving to inspire students and people to fight against the established idea of mass media influencing our every thought. The town was motivated by her bravery, which in turn. Changed people’s beliefs, and eventually, led a revolution. 2. Empirical Data  Objective: To measure the causes and effects due to the influence of mass media. Can mass media highly influence a persons attitudes or perception, by abundant daily solicited or unsolicited exposure? Procedure: Measuring media exposure, within a week span of 15-minute intervals. With sixteen hours equaling one day, I summarized the total minutes for the week at approximately 6,720 minutes. My total minutes not exposed to media were about 1,407 minutes, and my total exposure to mass media was approximately 5,1313 minutes. Individual categories concluded as follows: Audio estimated at 475 minutes, Film- 100 minutes, Internet- 1,778 min, Television- 0 minutes, Mobile Devices- 2,185 minutes, and Print Media approximated 775 minutes. Subjective observations were also incorporated, to measure external factors, and their influence on the subjects’ reaction in relation to media use. Main Outcome Measures: Risk of altered perception, influenced by, attitudes and b ehaviors idolized in society and the amount of exposure weekly. Also, coinciding with any external factors that proved as significant during this study. Results: Media Usage Total (min) I was thoroughly surprised by the way my media usage was dispersed, as a whole, in this graph. Considering, all of my class work is done online and I’m definitely a supporter of online radio, It doesn’t necessarily shock me that the internet has 34% of my time. However, I was a little taken back by the percentage of my mobile devices consumption. The mobile devices category dominated my time by 37%. I didn’t realize how much I used my Ipod and smartphone. Although, recollecting my thoughts, the old basic flip phones, which used to be â€Å"all the rage,† now compared to a Smartphone, it’s no contest. Having Internet access at your fingertips is an advertiser’s gold mine. Smartphone V.S IPOD Even though, the category â€Å"Mobile Devices† had the highest usage, I found it informative to see how much more my Smartphone was used than my IPOD. Obviously, our culture is driving full speed ahead, towards a â€Å"technology only† civilization. INTERNET USAGE: PANDORA V.S USF.EDU Considering, I have a full load of classes this semester, most of my time, in general, is spent either online researching a project, or actually doing the assignment. Yet, when I’m not online completing a task, I like to fill the time developing my talent, which is art. The catch is, whenever I’m developing an art piece, I have to be listening to music, hence Pandora. The reason why Pandora is so successful in mass media is because people get to listen to their type of music without having to tell the radio WHAT to play. Pandora has a search box, that isn’t case specific, artist, genre, or mood, you name it and it plays it. What person wouldn’t want a radio stationed to just them subjectively? Like we learned in our Radio module, â€Å" The Radio was a life-changing invention, Idealism Imagination, Greed Envy, Ambition Determination, what other instrument was able to create emotions through sound waves?† –Empire of the Air BOOKS GALORE I found this graph about print media being all books, and no magazines, extremely intriguing. Taking into account, from the age of 16 till the end of my 21st year, I was a Cosmopolitan JUNKIE. I literally bought the newest edition monthly, the second it was released. Coinciding with this behavior and influence, I also became extremely self-conscious and began to hate my self-image, this coming from someone, who has never had severe issues about my image. I also judged every person’s appearance effortlessly, gossiped, and my language was atrocious. Only until the middle of my 22nd year, did I realize that I was not content, nor satisfied with my lifestyle. I decided to cut out television, bad influences, and COSMO. I didn’t think I would be able to handle it, however, to my surprise, it taught me how to live life, the way it was intended, with freedom. Releasing myself from the burden of mass media was one of the most liberating decisions I’ve ever made. I decided to return back to my Jewish roots, which I ignored during that rebellious era, and become deeper aquatinted with my faith, additionally instead of useless reality shows, I dove deep into the profound knowledge of books. It is amazing to witness your character development transform when it relies on a stable foundation. â€Å"I find television very educating. Every time somebody turns on the set, I go into the other room and read a book.† ― Groucho Marx 3. Observations The first major observation I noticed in relation to my media data was the fact that my two most dominant categories increased on the weekend. This is most likely because my workweek is so hectic, that by the time I’m approaching the weekend, all my energy is geared towards relaxation. These emotions are then replaced with the action of increasing my phone/ casual conversation time. I also tend to research all those topics online, that I might have put off during the week, in order to complete my work on time. Another observation that was extremely consistent included listening to Pandora (Internet radio) whenever I worked on my art. In contrast, I would listen to my IPOD whenever I wanted to get schoolwork accomplished. On Pandora, my typical station I listen to when creating my art pieces, is always geared towards inspirational or spiritual genre. It is the only music I find, to empower me with such motivation, in order to finish my pieces with ease and in a timely manner. I also tend to listen to classical music on my IPOD, when trying to complete a class work assignment. I read an article one time that did a study on the brain and how it affects positive stimulation. The article was extremely informative and I have done it ever since. Another observation I realized, I tried to double task consistently while listening to some form of media and trying to complete concrete tasks. I believe this behavior has done more to hinder my personal effectiveness, rather than help it. It was helpful to be informed of this destructive behavior, after realizing the concrete facts. My double tasking always eventually lead to unfinished tasks, and then when I eventually became overwhelmed, I grabbed my IPOD and pulled out the classical music. It was interesting to become aware of these behaviors; I never knew I was such a creature of habit. Also, reflecting on all the realizations mentioned above, I believe that some of these destructive behaviors could be prevented, with a decrease in use of my media items, which in turn, would increase my focus. 4.Estimates Vs. Actual My Estimates were all underestimated compared to my actual data for my media usage. Like I previously stated, I didn’t realize I used my phone so much, I usually get confronted by my friends for â€Å"forgetting† to text them back, or not answering. Sometimes I feel like life would be much easier without our mobile devices. The only truly useful purpose is to locate and converse with friends that are long distance, however as far as â€Å"Smartphone,† I feel the epidemic needs to be cured. The other estimate that highly underestimated was my Internet use. I believe when I was filling those questions out, I didn’t necessarily take into account that EVERY time I click the APP button, that is using an internet resource. I guess this is a perfect example of how abundantly society has desensitized, since the Windows 98’ debut. I also believe the reason I anticipated my â€Å"No Media use† to be my highest value in how I disperse my time, is due to my deliberation to rebel against any more media influences. I refuse to passively let society manipulate my thoughts, with the slightest opposition. I thoroughly enjoyed reading the article about students and time management. This article served as a source of great insight because time management is one of my biggest character flaws. However, this is not due to the fact that I am not eager to do well on an assignment, I love learning, this type of procrastination is detrimental because it is attached to another flaw, perfectionism. Typically I procrastinate because I’m afraid the product of my hard work would not be â€Å"perfect.† I was raised with a very high academic work ethic, therefore, grades used to be where I found my id entity. This continually puts way too much stress on my life, and as I mature not just as a student, but also as a responsible adult, I’m drastically striving to improve this destructive outlook. A novel study done by Trueman Hartley (1996), focused on time-management skills and their relationship to a student’s age with the older mature students making the greatest use of time-management strategies. I also am striving to improve my organizational skills, this tends to be because, my highly creative brain, has so many ideas floating and bouncing and developing in my mind, that it becomes highly difficult to place all of them in a specific order. I also am trying to maintain control of my sporadic ideas and plan more situations out, instead of flying by the seat of my pants. Their results suggest that student planning is Integral to the prevention of academic procrastination. A student’s ability to plan is but one skillamong several for student self-management, the training of which is studied by Gerhardt (2007). 5. Summary Thomas Ruggiero’s Uses and Gratification Theory focused on this central definition- Media Use among audience members is selective and motivated by rational self-awareness of an individuals own needs and expectation that those needs will be satisfied by particular media types and content. I believe that this is highly accurate. When I had my life centered on a particular type of media, Cosmopolitan, I became dependent on it. Not just as a main source of entertainment, but also for the basis of how I perceived and looked at all subjects. â€Å"If that girl wears that shirt one more time, I’m calling the fashion police!.† – A little juvenile, I know, however that was how my thought process was developing. Now when I look back, I can’t even believe that I cared so much about what people wore? Does it honestly matter how many times a person wears a shirt? Our culture is shoving these ideals down our throat in order to instill the thought that every person has to strive to be â€Å"PERFECT.† Who even said beautiful is perfect? What if I believe imperfection is beautiful? These realizations in this past year of my life have shaped my thoughts to maturity and to become more concerned with what comes from each individuals heart. If you ask me, I believe actions speak louder than words, and gossip, slander, lying, and boasting echo across the nations. I do my best to separate myself from any person or organization that is trying to convince I HAVE to look like a prototype and think like a r obot. All in all, I fell my media audit was extremely insightful, and helped me become aware of how I truly engulf my time. It showed me where I have plenty of room to improve and how far I’ve come since the Cosmo days. The purpose of My Media Audit was to gain sincere and profound insight into the world of media influences. Media has a manipulative way of altering humanity’s view towards the accepted medium. Typically, our normal endeavors are beings striving toward acquiring the â€Å"latest technology,† yet society never stops to consider â€Å"Why do I NEED this so badly?† This is where our mass media influences, come into play. The intent of this audit was simply to gain understanding and to think critically when facing the culture’s constant barrage of â€Å"satisfactions.† Understanding is Power, to gain Wisdom is everything.

Sunday, July 21, 2019

Behaviours in English as a Second Language Learner

Behaviours in English as a Second Language Learner Hamayan et al. (2013) emphasize the importance of describing in details the actual behaviors displayed by ELL students before diagnosing and drawing conclusions about the causes of the ELLs difficulties and academic weaknesses. The authors contend that the first step of the ECOS diversity framework that needs to be taken, is to describe students observable behavior as specifically as possible without attributing the behavior to a specific cause (p. 36). This requires collecting work samples and sufficient accurate data, instead of drawing generalized statements based on the teachers perceptions or assumptions about a child. The authors explain that the language difficulties that ELLs experience are embedded in the process of learning English, and they are similar to the difficulties demonstrated by students with diagnosed learning disabilities, for example, forgetting words, language disfluencies, difficulty following oral directions, or distraction in an academic English setting. Wh en garnering the data, educators should obtain this information across different times, settings, and by different methods so that it can be examined, compared and contrasted. Another step of the process of the ECOS diversity framework is to explain the observed behaviors through the lenses of any of the seven integral factors described on page 44. Hamayan et al. (2013) explain that finding explanations for ELLs less than optimal performance in school begins by considering the seven extrinsic factors during the explanatory phase of the process before assuming the existence of intrinsic causes due to a disability (p. 44). Discussing possible explanations will be beneficial to not only members of the ECOS team, but first and foremost to the ELL student. During exploring diverse explanations educators learn from one another about different perspectives, cultural experiences, and areas of expertise. They also have an opportunity to clarify what they mean when using certain words or expressions. Finally, the explanation process may result in findings which will not affect future ELLs placement negatively. It is important to know that even though the disability is present, an ELL should still be supported with ELL services which will meet his/her language needs and maximize the academic achievement. Determining if an ELL students struggles with academic learning are due to language acquisition or a learning disability may be without doubt a challenging task requiring the experience, knowledge about the world, cultural awareness, and professional expertise. Most assessments of ELLs are done mainly in English, therefore the results may be interpreted incorrectly. Moreover, limiting a student to using only one language will hinder a more accurate picture of ELL skills and abilities. Educators seem to have a tendency to rather choose a disability than identify their own bias, lack of knowledge, or procedural errors. There are also many misconceptions about bilingualism, which affect the decisions made about the ELLs. Therefore, it is critical that educators understand the process of the second language acquisition, as well as are able to recognize possible characteristics associated with students with learning disabilities. They should also ask themselves if an ELLs culture may be t he possible explanation for the specific difficulties. In fact, there may be multiple possible reasons for students to exhibit a specific behavior. It truly takes a great amount of knowledge, understanding, humility and sensitivity to cease to guard against this tendency for intrinsic explanations, and stretch ones thinking in order to better serve English language learners. I truly like Hamayan et al. (2013) text because it provides concrete examples of probing questions, potential challenges that ELLs may demonstrate as well as possible explanations from different perspectives for typical language and academic difficulties experienced by ELLs. The article is an eye-opener, and it lays the foundations to how deep and extensive the process of diagnosing should be. I am certain, I will reach for this text, or even will buy a book in order to help me become a more reflective, better practitioner. The more knowledgeable I will become, the more successful my students will be. References Hamayan, Marler, Sanchez-Lopez, Damico (2013), Describing Before Diagnosing: Observation of Specific Behaviors That ELLs May Exhibit, Chapter 3 of Special Education Considerations for English language Learners. Philadelphia, PA: Carlson Publishing.

The effects of Globalisation in the economy

The effects of Globalisation in the economy According to Globalization (investorwords, 2011) asserts is the process of increasing connectivity and interdependence of world markets and businesses. This process has accelerated dramatically over the past two decades, technological advances make it easier for people to travel, communicate and do business internationally. Two of the main drivers of recent developments in telecommunications infrastructure and the Internet boom. In general, economies become more closely linked to other economies, greater opportunities, but also more competition. Thus, globalization becomes a feature increasingly common in the global economy, a powerful pro-globalization and anti-globalization lobby emerged. The pro-globalization argues that globalization offers many opportunities to increase almost everyone, and increased competition is good because it makes workers more efficient production. Both organizations pro-globalization more important are the World Trade Organization and the World Economic F orum. The World Trade Organization is a government-wide entity created to develop a set of rules governing global trade and capital flows through the process of consensus among members, and to supervise its members to ensure that standards are met. The World Economic Forum, a private foundation, has no power of decision, but has great importance as it has been effective as a networking forum for reaching a large number of companies worldwide, the government and Nonprofit leaders gain. The anti-globalization group argues that some groups of people who are deprived in terms of resources that are not currently able to work to increase the competitive pressure that took place to enable their economies are more connected to the world . Important anti-globalization organizations include environmental groups like Friends of the Earth and Greenpeace, the international humanitarian organizations like Oxfam, Third World government agencies such as the business organizations of the G-77, and u nions, whose competitiveness is threatened by globalization, such as textiles in the United States and European farm lobby movements and work in Australia and the United States Trade Impact of Globalization Under globalization and Starbucks (content partner Yahoo, 2008) state that globalization has shown a significant impact on the discourse of the organization. Using this as a basis for research, the impact of globalization on the organization Starbucks is reviewed, with recommendations for policy changes. The recommendations are based on a general philosophy of improving the strategic development of the organization. Globalization and Starbucks Globalization has impacted almost all organizations currently in operation. Even when organizations decide to limit their activities and operations to a specific geographic region, globalization becomes a part of the operations of new technologies and international attention on the companys customers. Ultimately, few organizations are able to escape the impact of globalization. Given the importance of globalization in the organization, there is a clear impetus to examine how this will impact on business operations in both the short and long term. Using this as basis for research, this research examines the impact that globalization can have on the organization of Starbucks. Through a careful examination of how globalization has impacted this organization, they can make recommendations for significant policy change that will improve the operations of the organization. Starbucks-An overview To begin this research, it is useful to first consider a review of the Starbucks organization and critical issues currently affecting their development. Reviewing the history of this organization, Lyon (2005) reports that Starbucks originated in Seattle, Washington as a retailer of gourmet coffee. In an effort to advance the success of the organization, leaders have chosen an aggressive business model that allow them to penetrate and saturate local markets. The business model used by the organization was new, key analysts to link the organizations success to its aggressive growth strategy. As noted by Kaplan and Wozniak (1999) seems to want a Starbucks at every corner. Besides the new business model developed by the organization, Lustgarten (2004) reports that the organization has also developed a unique corporate culture. According to research Starbucks was the first U.S. company to provide comprehensive health benefits and stock options to each employee, including more than 65% were part-time at the moment. Starbucks has the lowest wear of all retailers national. In addition to providing employees a great benefit, Starbucks also offers its employees comprehensive training that enables the organization to promote their products through its employees. The issues that the organization has encountered in international development are not the only problems facing the organization. It was reported that Starbucks is facing the moral decadence and erosion of employees among its store managers and its army of baristas happy once. In recent years, the organization has had to manage costs by reducing wages and benefits for employees. This included a refusal to pay overtime mandatory. As a direct result, many employees perceive their job like any other fast food feel. Despite these significant problems, Starbucks maintains a strong financial position. The organization has managed to eliminate most of its foreign debt. In addition, the organization has cultivated a strong brand image that does not spend a considerable amount of money on marketing and advertising. Instead, the organization relies on word of mouth about the quality of their products to serve the main form of marketing. This measure will save the organization a sum of money. Impact of Technology and Policy Change The development of Starbucks as an international organization as one that represents the negative realities of globalization, is clearly linked to the growing interconnectedness of the world. Starbucks began as a company in the United States, focusing first 8 years of growth in the saturated domestic market. The proliferation of Starbucks in the United States was followed by visitors from other countries and through the media organization on the Internet. The business model was created by Starbucks, while a great success in the United States has become a model of aggression and globalization that are feared in foreign countries. This, combined with the information that the company took advantage of coffee producers in developing countries has in many cases, creates a negative image for the organization of Starbucks. When placed in this perspective it becomes obvious that the instrument is connected to the international community as a whole is the specific instrument that has a negative impact on international development organization of Starbucks. While the Internet provides Starbucks with the ability to reach customers around the world, but also provides critical of the critical information necessary to conduct the protest against the organization. In this spirit, it is clear that the organization must consider how they can best use the Internet to your advantage to promote a positive image of the brand to allow increased penetration of the organization on the international market. Proposed Change Policy Because the Internet is a major source of information on the organization of Starbucks, the company must participate in an extensive advertising campaign on the Internet. Although this will increase marketing costs for the organization, the company could focus its marketing efforts toward the cultivation of a more international image of the organization. Today, Starbucks has created an all American who was despised by many foreign customers. Develop a brand image as an international organization should reduce negative perceptions and improve organizational capacity to penetrate foreign markets. Ubiquity in branding is essential for operations Starbucks international. In addition to launching an advertising campaign online, the agency must also use the Internet to identify the major foreign companies with which they could co-brand Starbucks. Internet search will allow Starbucks to effectively identify organizations that are large enough to use a model of e-commerce. Developing new marketing campaigns that allow co-branding of its products, Starbucks could increase awareness of its brands in markets that were not exposed to the organization. As the penetration of small increases in foreign markets, it can also help develop the brand image of the organization as an international rather than American, society. As such, the two policy changes recommended supporting each other The global production networks According to Global Production Network (University of Manchester, 2011) states that to what extent the EU, East Asia and Eastern Europe is linked increasingly interconnected economic relations, manifested primarily through complex production networks in East Asia and EU companies. The work will focus on the links of production and distribution that EU companies have been created in Asia and Eastern Europe and East Asia Enterprise were established in the EU and Eastern Europe. A particular concern for the implications of these networks for national and local development. Networks are studied through case studies in three sectors: electronics, automotive and retail. Each of these sectors is very important both in Europe and East Asia, but in different ways. The working assumption is that production networks within each sector are very different depending on the specifics of the company and how different places are integrated into networks . Global production network (GPN). Production networks in the connection of interlinked functions and operations through which goods and services are produced and distributed have become both more complex organization and increasingly global in scope. These networks not only integrate into the corporate structures that blur the traditional boundaries of the organization through the development of various forms of relations of equality and non-participation, but also integrate national economies so that they have enormous implications for economic welfare. At the same time, the precise nature and articulation of these production networks centered on society, are deeply influenced by socio-political contexts within which they operate, produce and reproduce. The process is particularly complex because, if they are essentially specific territorial production networks themselves are not. Cut The limits of the state in many different forms, partly influenced by regulatory and non-regulator y barriers and socio-cultural, to create structures that are broken land. The geographical scale at which production networks are taking shape continues to grow and become more complex. The key research questions to be investigated are: à ¢Ã¢â€š ¬Ã‚ ¢ How production networks in the three priority sectors, both organizationally and geographically, both within and between the three regions? à ¢Ã¢â€š ¬Ã‚ ¢ How the various EU economies, East Asia and Eastern Europe added to these production networks centered on the company? à ¢Ã¢â€š ¬Ã‚ ¢ To what extent the economies of Eastern Europe considered alternative or complementary focus on direct investment of EU companies in East Asia? à ¢Ã¢â€š ¬Ã‚ ¢ What are the implications of these processes (for example, as regards the expansion of employment opportunities, technology upgrading, skills development, value creation, competitiveness, etc.) for businesses and economies concerned? à ¢Ã¢â€š ¬Ã‚ ¢ To what extent are national and local institutions capable of influencing the strategic development of production networks of companies? This study is based on an important time when economic and political contexts of European business relations with East Asia and vice versa are moving to a variety of reasons: the consequences of the Asian economic crisis of the Is investment and competition, the imminent absorption of several Eastern European countries in the EU is trying to create an international forum ASEM to help negotiate EU-East Asia . While the current period is one of instability in trade relations between these regions, providing an opportune time to draw their own nature and value its importance for companies and economies in different places. Global Marketplace According to the global market place (USC Marshall, 2011) argues that the globalization of markets and competition: trade is increasingly global today. There are several reasons for this. One important reason is technological, because of improved transportation and communication possibilities of today, trade is now more convenient. Therefore, consumers and businesses now have access to the best products from different countries. Increasingly rapid technological life cycle is also increasing competition between countries as to who can produce the newest technology. In part to reflect these realities, countries in recent decades have increased measures to promote global trade through agreements such as the General Agreement on Tariffs and Trade, and professional organizations such as World Trade Organization (WTO), Free Trade Agreement (NAFTA) and the European Union (EU). Stages of the international commitment to an enterprise. There are several stages through which a society can be as involved is increasingly across borders. A purely national focus solely on its domestic market, has no current ambitions to expand abroad, and sees no significant threat of competition from abroad. This company may be able to get orders from abroad, who are either in the form of irritation or as the icing on the cake. As the company begins to export more, go to Step export, where he made little effort to market the product abroad, although a growing number of foreign orders are filled. In the international arena, as some countries markets are beginning to appear particularly attractive more orders for foreigners from there, the company may enter the country on an ad hoc basis, ie each country may be introduced sequentially, but with relatively little training and marketing efforts between countries. In the multi-stage efficiencies are pursued by standardization across a region (eg Central America, West Africa, or northern Europe). Finally, the world stage, care centers in the world market, with decisions to optimize product positioning in the markets, the country of origin is no longer the center of the product. These stages represent points on a continuum from a purely national orientation to a real world problem companies may fall in between these discrete stages, and different parts of the company may have characteristics of several stages. Some forces in international trade. Comparative advantage, discussed in detail in the notes of the economy, suggests that trade between countries is beneficial because these countries differ in their relative economic strengths, some have more advanced technology and some have lower costs . The International Product Life Cycle (PLC) suggests that countries differ in their time of application for various products. Products tend to be adopted more rapidly in the U.S. and Japan. The internalisation of transaction costs and refers to the fact that the development of certain projects on a massive scale, such as cars for the global market, can lead to significant cost must be spread over several countries Competitors and Competitive Analysis According to the competitive advantages (teenanalyst, 2009) states that investors often fall into the trap of the investigation that the quantitative factors to evaluate potential investments. However, it is important to remember that some action is also part of a business, so you must be interested in how society as a whole performs. Successful companies in all shapes and sizes, but tend to have one thing in common: they all have a significant competitive advantage. This advantage allows them to protect themselves from their competitors and stay for a long period of time. The competitive advantages are very important because they ensure that the company earns superior returns by a longer period of time. By increasing the lifetime of a business, shareholder value is higher. The competitive advantages are not only a form. In addition, companies may have several competitive advantages, in fact, more the merrier. There are five areas where companies can succeed and ensure their long-term success: the development of market share, strong brand management, which benefits from network effects, which has certain trademarks and patents, profitable, and creating high switching costs. Market shares of companies with a market share important to create a problem for competitors, as competitors must rely on stealing market share to competition, which can not only create business from scratch. After all, you want to create a coffee product, if you knew you were going to go head to head with giants like Starbucks? It is also ideal for society, which means that their products are well known and well received in the market. Market share can not be imposed, but if the industry has a significant profit potential for new entrants, the market share can be eroded. Strong Brand Management Having a strong brand can ensure long term success of the company and also allows companies to obtain health benefits because his brand allows them to charge a higher price. For example, analysts do not think Starbucks would succeed in higher prices for a product such as coffee. However, the company has been very successful, largely thanks to its strong brand management. Strong brands tend to create more sustainable competitive advantage. The network effect network effect occurs when a product creates a user demand, which in turn improve the product. For example, eBay is a company that has network effects, to attract more sellers, which attracted more buyers, establishing a dominant market share. The net effect is fairly rare, but can be very lucrative when it occurs. Trademarks and Patents Trademarks and Patents can be a source of competitive advantage for some businesses but not too common. Shuffle Master is an example the company created automatically mixers used in many casinos. The company remains on top of technology and the Queen closely follows their patents to ensure that competition is not easy to enter the market. But society is more and more other area of your business: the creation of casino games and new casino licenses, allowing you to collect a huge check every month. These patents and trademarks have given a great perspective Shuffle Master Geographies of labor According to the geography of inequality in the labor market (informaworld, 2011) In recent years, the local labor market have attracted increasing attention of academic analysts and policy makers. There is awareness that there is no such thing as the national labor market, rather than a mixture of local and regional markets that differ in nature, performance and regulation. Geographies of inequality in the labor market refers to these multiple geographies of employment, unemployment, work and income, and its implications for public policy Impact on Environment and Sustainability According to globalization and the environment (Theodore Panayotou, 2011) argues that economic globalization affects the environment and sustainable development in a variety of ways and through multiple channels. Here we will treat (a) identify the key links between globalization and the environment, (b) identify the main issues addressed in the multilateral agreements on the economy in trade and finance that affect environmental sustainability And (c) discuss the priority issues of environmental policy in the multilateral economic environment and, consequently, identifying incentives implicit in trade policy measures and investments that affect the sustainability the environment. These articles were classified in the primary areas of globalization, trade liberalization, investment and finance, and dissemination of technology, including intellectual property rights. In the case of the interface of trade and environment, examines the impact of these two elements, and the causal relationship between them. It also gives special attention to multilateral environmental agreements and their potential impact on trade. A section on integration of the effects of globalization and environmental policy and performance leads to questions of domestic and international policy and priority recommendations. Globalization brings great benefits and potential risks. The challenge is to manage the globalization process in a way that promotes environmental sustainability and equitable human development. In short, the more integrated policy and business environment, economic growth is more sustainable and globalization can be harnessed to benefit the environment Financial globalization According to the cards business in India (BusinesmapsofIndia, 2011) in the field of creativity and culture, globalization is a word well known in recent years, but globalization has become a household word, literally since the beginning of 1990, when he began to financial globalization. During this period, trade barriers between nations broke, and the flow of investment and business between the countries engaged in. Financial globalization is also defined as an amalgam of the national financial system of a particular country with international organizations and financial markets. The massive growth was noticed in the global economy over the past two years, and in the field of technology, especially in transport and communications has been a quiet revolution that led to the globalization of finance choices obvious. The International Monetary Fund (IMF) and World Bank are the two international financial institutions that were created to support global trade to continue growing financial globalization. In the mid-1970s, emerging economies have little experience of financial flows between countries. The improvement rate in 1980 and 1990, while in 1997, reached its apogee. But then decreased rapidly due to economic disaster and financial capital flows from Asia and Russia and the world completely fell gradually. In contrast, in the 1990 financial globalization and inflation of capital significantly in developed countries to developing countries began arriving in 1973 and 2005, the rate of world trade have increased significantly. It continues to grow, and in 2005 the GDP of the world came to 42%. Impact of financial globalization Although not rich history of movements of capital cross-country, but the impact of financial globalization is certainly huge in the composition of domestic capital markets and international. The banking system was particularly upset and had to undergo de-intermediation. Conclusion Globalization has the approximate fair share and its effects: It throws open a number of challenges such as inequality between and within different nations, volatility in the explosion of financial market opened and there was no degradation the environmental situation. Another negative aspect of globalization is that the world most countries stayed away from light. Until the nineties, the process of globalization of the economy of India had been under surveillance by trade, investment and financial barriers. For this reason, the process of liberalization has taken the time to accelerate. The pace of globalization did not begin smoothly. Also the economic integration of globalizationhas allowed the free cash flow of information, ideas, technologies, goods, services, capital, finance and people. This cross-border integration had different dimensions cultural, social, political and economic. No more or less economic integration through four channels for exchanging goods and services, capital flows, capital flows and movement of people. Therefore, it can be considered for a new advance in the global economy because of this process.