Research Proposal on Gender Based Violence Essay Example

Research Proposal on Gender Based Violence Essay Gender-based violence is the violent group actions conducted against the person just because she belongs to the opposite sex. Apparently, the primary victims of gender-based violence are women, and this problem lasts for thousands of years. Historically, in many cultures women were deprived of rights and their sexual abuse and slavery was often treated like a norm. Even domestic violence conducted against a woman was a regular thing until the 20th century. Though the level of the protection of the human rights and the value of the human life have increased, there are still many problems related to violence based on gender on the victim. The first group of the actions treated like violence includes such points as forced marriage (still practiced in some Asian countries), female genital mutilation (widespread in some countries of Africa), rape (prevalent all over the world). The second category of violence is characterized with trafficking in women, who are kept as slaves and involved in sex industry, sexual slavery, etc. Such women face the problem of systematic rape and even forced pregnancy, and it is considered probably the most severe violation of the human rights and freedoms. Finally, there are such types of gender-based violence as forced sterilization – mainly practiced against the women involved in forced prostitution. Moreover, such women are often forced to stop their pregnancy to prolong their service in sex slavery. One can notice that the majority of the examples of gender-based violence is connected with the violation of the female rights and their forced involvement into sex industry with all the consequences of this process. We will write a custom essay sample on Research Proposal on Gender Based Violence specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Research Proposal on Gender Based Violence specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Research Proposal on Gender Based Violence specifically for you FOR ONLY $16.38 $13.9/page Hire Writer The young person can improve her knowledge about the peculiarities of gender-based violence and its cause and effect on the human psychological and physical health. If the student chooses this topic for the analysis, he is expected to make an exciting and thought-provoking paper which can impress the reader at once. One can dwell on the most severe points related to gender-based violence and observe them in detail making a successful and logical research project in the form of the proposal. The proposal can persuade the professor in the quality of the chosen topic if the student makes it brief, entertaining, informative and clear. To prepare a well-structured research proposal, the student can pay attention to the advice found on the Internet in the form of a free example research proposal on gender-based violence in Zambia. The young professional can compose his own logical and well-formatted text following the model of the writing of a free sample research proposal on gender-based violence written online.

Become a Paid Expert by Writing Op-Eds

Become a Paid Expert Have you ever watched a story on the news and thought to yourself, I wish theyd asked me about that. I could have really told them a thing or two? Most of us are experts on something, and if were writers, most of us end up writing about what we know. We can create a positive feedback loop For instance, I was the first person to write a  book about the Upstairs Lounge fire, a terrible arson which killed 32 people at a gay bar in the French Quarter of New Orleans on Gay Pride Day in 1973. Each year, on the anniversary of the fire, newspapers and websites are interested in covering the tragedy. As an expert, I am often approached Likewise, a news story recently began making the rounds about a twelve-year-old girl who spoke in a Mormon church and revealed she was a lesbian, the bishop cutting off her microphone in the middle of her talk. As most of my fiction deals with gay Mormons, I was again an expert who had something meaningful to say on the incident. I submitted an op-ed to a newspaper in a heavily Mormon area, and my views on the importance of LGBTQ literature as a means of understanding our LGBTQ family, friends, and neighbors was published. Do you have a personal, compelling story about our broken healthcare system and why we need single-payer or some more conservative reform? Do you have a story about domestic violence? Our education system? Immigration? Has your home suffered damage in a fracking-related earthquake? Do you have a personal story involving gun violence that allows you to speak either for or against gun regulation? You do not need a PhD in order to be an expert on at least a tiny part of a major subject that newspapers want to hear about. Only a handful of newspapers pay for op-eds (Newsday, The New York Times, Boston Globe, and The Washington Post are a few), so you wont make a great deal of money writing and selling these pieces. But most papers who do publish your editorial or commentary will ask if you want to put the piece on the wire, meaning other newspapers across the country can pick it up and print it as well. You will get no additional income from this, but it does get you more exposure. Thats a bad word in the publishing industry because it basically means writing for free, but if you do your research and only write for those papers which will in fact pay you for first publication rights, then you get the money and the exposure. Publishing op-eds builds your reputation as an expert on the subjects important to you, and they build your resumà © as well. You will have a more impressive list of publications to add to your author

Celluar pathology Assignment Example | Topics and Well Written Essays - 3000 words

Celluar pathology - Assignment Example By studying the density of blood vessels resulting from evaluation (Nico et al. 2008). Nico in particular describes the issue of micro vessel or microvascular density as being the gold standard with respect to the morphological assessment of angiogenesis in In addition to describing the physiological mechanisms, It is also possible to make generalizations concerning high levels of angiogenesis and specific types of carcinomas, specifically cancers of the prostate or the breasts – characterized by high levels of micro vessel formation. Considerable research has been devoted to the characterization of breast cancer, with confirmation of the importance and predictive power of angiogenesis in the tumorigenesis process. There is considerable support for the utility of micro vessel density analysis as a predictive methodology for these tumors, with historic evidence that angiogenesis precedes the malignant transformation of mammary cells into fully cancerous carcinomas arising from relatively benign papillomas. (Srivastava et al. 1988). There is little doubt that higher rates of angiogenesis do indeed correlate with the emergence of certain tumors, but at present the connection may not be absolute: breast cancer studies indicate that lesions with the highest amount of micro vessel density do carry the greatest risk of breast cancer, but it is not entirely certain whether there is an absolute threshold of density that transfection of cancerous tissue with factors antagonistic to angiogenesis decrease the probability of further growth and malignancy (Miller & Sledge, 2003). This is compelling evidence describing particular mutation of a particular oncogene. As cells continuously grow and divide in the millions over many years, each replication event creates a probability that the right (or wrong) mutation will occur in cells that already carry some growth irregularities. If this chain of mutations is not counteracted by surgical or curative methodologies, then

Mendel Genetics Using Brassica Rapa Research Paper

Mendel Genetics Using Brassica Rapa - Research Paper Example Through the experiment, the hypothesis that the presence of purple pigment is dominant and the trait follows Mendelian laws will be tested. Through analysis of the experimental data collected revealing the dominance of the purple stem trait and a literature review of qualitative and quantitative data, the result will be analyzed to determine if the hypothesized prediction that the phenotypical ratio of 3:1 is established, in accordance with the Mendelian laws. ... Materials and Method To conduct this experiment, heterozygous P Brassica rapa seeds were planted on day one and cultivated in 28 by 55 centimeter plastic pots in an artificial soil compound of an equal mixture of peat moss and vermiculite and watered with distilled water on regular intervals (6). The plants were grown at a controlled temperature of 32?C under regular illumination from fluorescent lamps (7). The seeds, potting soil, and planters were the materials used for this portion of the experiment. The genotype of the parent plants used was F1, Non-Purple Stem, and Hairless. One parental plant was true breeding and green and the other parental plant was true breeding and purple. Once the seedlings began to sprout on the fourth or fifth day, the numbers of purple and green stem phenotype was recorded. The plants began to flower between days nine and eleven and were cross pollinated on day fourteen. Seed pods began to appear on day twenty-one, at which point they will be collected and germinated in the same manner as the parent plants. The number of purple and green stem phenotypes will be counted among the F1 generation to ascertain whether they follow the Mandelian principles. The seeds will appear above ground and will be collected, allocated, and counted according to the number of total seeds that germinate and the stem color of the seeds that germinate. Results Figure 1 Section 001 Table # 1 # Germinated Seeds Purple Phenotypes Green Phenotypes 1 63 51 10 2 99 78 5 3 90 74 5 4 80 56 16 5 74 58 3 6 39 25 10 Total 445 342 49 Figure 2 Section 002 Table # 2 # Germinated Seeds Purple Phenotypes Green Phenotypes 1 172 140 28 2

3G technology features and their impact on the business world Term Paper

3G technology features and their impact on the business world - Term Paper Example This paper discusses various features of 3G technology that are generally present in all products and explores the impact of 3G technology on business in the contemporary age. Features of 3G technology: The two key features of 3G technology that most consumers look forward to are data transfer rate and data security. They and many other features of 3G technology are discussed below: Using such devices as cell phones, consumers are able to access the Internet, listen music, watch movies and make calls 24/7. In order to frequently download large files from Internet, consumers want to have high data transfer speed, which is a facility that many latest cell phones offer. The security features of 3G technology secure the data and confidential information in the wireless communication system. Most forms of 3G technology like videoconferencing are compatible with a whole range of internet browsers and platforms. Old concerns of checking the compatibility of the product with the internet bro wsers have been obviated with the use of 3G technology. Videoconferencing can be equally efficiently conducted on a PC, platforms of Linux computing and a MAC. Likewise, people can participate in a videoconferencing session from all types of web browsers including Chome, Firfox and Internet Explorer. Similar is the case with online conversation through cell phones using skype.

Bilateral Investment Treaties: Breach of Treaty or Contract

Bilateral Investment Treaties: Breach of Treaty or Contract The face of international investment has changed radically thanks to the proliferation of BITs in the past decade. This has led to foreign investment disputes increasingly being resolved through dispute resolution procedure. But the increase in arbitration to resolve investment related disputes hasnt been successful in resolving some of the issues arising from BITs. Rather some of the recent decision in international investment has exposed some of the underlying problem between the theoretical aspect of the bit and the practical aspect[1]. One of the major issues creating a lot of controversy is related to interpreting that umbrella clause in different BITs[2] and the conflict between breach of treaty v breach of contract. This clause, found in most of the BITs requires that each contracting party must honour and observe all obligations that have been entered with the investor from the other contracting state. This clause basically helps the investor to raise a contractual claim unde r the domestic law to a treaty claim under the BITs. According to Jarrod Wong the application of such clause results in the international arbitration tribunal constituted under the BIT (the BIT tribunal) to take jurisdiction over breach-of-contract claims since the umbrella clause raises the breach of contract to a treaty level breach which automatically gives jurisdiction to the tribunal[3]. To put it in the simplest way, it means that the investor can now ask the international investment tribunal to redress the breach of the investment contact by elevating it to the status of breach of the investment treat by way of international arbitration. Vivendi[4], SGS v. Pakistan[5], and SGS v. Philippines[6] are the three cases decided by International Centre for Settlement of Investment Disputes (ICSID) tribunal that have fuelled the controversy relating to umbrella clause[7] and additionally have discussed the relationship between a breach of contract and breach of treaty.   The above cases have shown how international arbitrators are inconsistent in their approach towards interpreting the umbrella clause in the governing BITs. This has led to a conflict on how the two-principal aspect of international investment practice work in consonance with each other. The two-principal aspect constitute of investment contract which is validated by the hosts states domestic law and the international investment agreement which are mostly the BITs[8]. If this underlying uncertainty isnt resolved soon, then the growth and favourability of international investment stands threatened.[9] Since overlaps between contract and treaty claims ar e expected to arise with increased frequency in the interim period (as a result of the ever-increasing scope of BIT coverage)[10]. This essay will first analyse the relationship between a contractual claim and treaty claim when both arise from same set of facts (a single action of the host state giving rise to the breach). The analysis will be done by discussing how different tribunal have assisted in developing this jurisprudence as it stands today and if there are any fault and changes required in the jurisprudence. The second part of the essay will deal the umbrella clause jurisprudence by focusing and dissecting the decision and reasoning of the tribunal in the SGS decision that have shaped the concept as it is today. At the end the conclusion will involve the analysis and recommendation relating to the jurisprudence discussed below and will also provide an analysis of the decisions that will be referred to. The parties in an investment transaction receive their substantive and procedural rights from the combination of different norm starting from the investment contract itself that is entered between the foreign investor and the local government which gives rise to private right and obligation. Then there is the domestic law of the host state that govern and protects the substantial rights and obligation of the party. These domestic laws fill in the normative gaps that arise in the contract, those domestic laws are mostly in the form of tax laws, environmental law et al. Domestic laws create substantive and procedural right and obligation in addition to those undertaken through the contract. Finally, Bilateral Investment Treaties (BITs) and Multilateral Investment Treaties (MITs) also govern many international foreign investments that required the host state to adhere to obligation by a fixed set of international law. A combination of the above norms provides for a suitable investment e nvironment for the foreign investor protecting and guaranteeing a return on the investment made.[11] The above set of norm give rise to different rights and there is claim under all the three set of norm and at time those claims can arise from a single set of facts. All the three norms work simultaneously to protect and observe all the right and obligation of the parties. As all the norm work together at times both contractual and treat claims can come from a single set of facts, that fact being the act of the government which can breach the investment contract and the investment treaty at the same time. The question that arises here is that if single set of facts gives rise to both treaty and contractual claims then will the tribunal have jurisdiction or will the court have jurisdiction over the dispute? This jurisprudence stands clarified that the tribunal will have jurisdiction over the treaty claims and the local court or arbitrator will have jurisdiction over contractual claims by international tribunal time and again, the most recent being the famous SGS decisions and it was first dealt with by the Lanco v Argentina[12] Tribunal. This ICSID jurisprudence established in Lanco[13] was based on the forum selection clause contained in the concession agreement which was in favour of domestic courts in Argentina. Argentina argued that because of the clause the tribunal has no jurisdiction over treaty claims as the consent in the contract by way of the forum selection clause over rides the general consent given in the BIT for ICSID arbitration. The tribunal however rejected the argument stating that United States-Argentina BIT allows the investor to submit the dispute to ICSID for treaty based claims and the consent is an expressed consent and cannot in any case be overridden by the consent given in the contract.[14] The Annulment Committee in the Vivendi case affirmed the Vivindi Tribunals decision on the issue relating to forum selection clause which was in line with the Lanco decision. The tribunal basically stated that the ICSID tribunal will never be deprived of jurisdiction over a treaty claim, including the case of treaty claims arising out of the contract even when there is a forum selection clause in the contract.[15] The tribunal in the Vivindi[16] case stated that in no way the forum selection clause would be: deemed to prevent the investor from proceeding under the ICSID Convention against the Argentine Republic on a claim charging the Argentine Republic with a violation of the Argentine-French BIT.[17] The forum selection clause was again a point of contention between the parties in both the SGS dispute and the tribunals decisions was in line with the prior jurisprudence. While discussing the SGS decisions one important point that is mostly not noted is that in both the disputes the tribunal asserted jurisdiction over the treaty claim which arose directly from the investment agreement. This cemented the ICSID jurisprudence that was established in earlier cases, both treaty claims and contractual claims can arise from the same set of facts. It can also be stated that, notwithstanding any forum selection clause, in a matter of treaty violation an international tribunal will always have jurisdiction over the treaty based claim. The tribunal in SGS v Pakistan cited the Vivindi annulment decision where the committee stated: [W] here the fundamental basis of the claim is a treaty laying down an independent standard by which the conduct of the parties is to be judged, the existence of an exclusive jurisdiction clause in a contract between the claimant and the respondent state cannot operate as a bar to the application of the treaty standard. At most, it might be relevant-as municipal law will often be relevant-in assessing whether there has been a breach of the treaty.[18] The tribunal also particularly stated that it will deal with the violation related to the treaty only and there will be no jurisdictional overlap with the PSI arbitrator as the PSI arbitrator will be dealing with contractual violation even though both the dispute arise from the same set of facts.[19] It must also be noted that the tribunal in SGS v Philippines also had to deal with similar type of forum selection clause and its decision was again in line with earlier jurisprudence. The SGS tribunals were consistent in their decision on forum selection clause in an underlying contract and also followed the jurisprudence that was established. The effect is that once treaty based claims are found and framed then the treaty based tribunal have the power to adjudicate them and no other forum selection clause can abridge that right. This authority will in no condition be abdicated on the reason that they claim are linked or arise from claims related to contracts. No forum selection clause in an underlying contract or a parallel proceeding relating to the claims can rob or stop the treaty based tribunal from deciding the treaty based claim as clear differentiation can be established between treaty based claims and contractual claims even if they arise from the same set of facts. We saw that there is a clear differentiation between a tribunal asserting jurisdiction on treaty claims when the dispute arises from the same set of fact related to an underlying investment contract. But the umbrella clause aims to do just the opposite by equating contract breaches with treaty breaches. SGS v Pakistan was the first case to deal with the umbrella clause in its practical aspect back in 2003 and then this question was again dealt with by SGS v Philippines. While trying to deal with the question of umbrella clause the SGS decisions left us with conflicting and confusing interpretation of the umbrella clause. The confusion can be attributed to how the SGS decisions lie on the opposite end of the spectrum, while SGS v. Pakistan determined that the BIT tribunal does not have any jurisdiction over contractual claims on the ground (that umbrella clause is very wide in its scope and there was no intention to cover contractual dispute), conversely SGS v. Philippines held that a BIT tribunal in fact has such jurisdiction (as the umbrella clause is to be applied as it is) but still held that it should not exercise this jurisdiction where the investment agreement contains an exclusive forum selection clause designating a specific but different forum from BIT tribunal for resolving disputes arising under the contract. The United Nations Centre on Transnational Corporations has stated that the presence of an umbrella clause in a treaty: makes the respect of such contracts [between the host State and the investor] an obligation under the treaty. Thus, the breach of such a contract by the host State would engage its responsibility under the agreement and-unless direct dispute settlement procedures come into play-entitle the home State to exercise diplomatic protection of the investor.[20] The inclusion of umbrella clause has widened the definition of a arbitrable dispute and over the time tribunal have found and concluded that jurisdiction of a tribunal is no more restricted to claims of violation of substantive provision of BIT.[21] It may be noted that the clauses in BITs are not yet tested as they have been drafted keeping in mind the future requirement for an favourable investment and they are put to test only when any dispute arises and they are placed before an arbitral tribunal. Two of the recent decision relates to the interpretation of the umbrella clause discussed below shows what challenges can the umbrella clause being with them. The SGS Reasonings The SGS decision are the two most recent and important decision on umbrella clause. While SGS v Pakistan took a very restrictive approach in interpreting the clause over contractual claims, SGS v Philippines made a broad interpretation of the umbrella clause by covering both treaty claims and contractual claims. SGS v Pakistan was faced with an umbrella clause, which according to the tribunal was very broad in its scope. The tribunal went on to state that the clause is so broad that it cant be construed to cover contractual claims (compromissory clause article 9 of BIT only intended to cover treaty claims not contractual claims)[22].   The tribunal also found that the umbrella clause in article 11 of the BIT did not transfer SGS contractual claims in to BIT claim. The tribunal stated that a straight forward reading and literal interpretation of the clause encompasses the contractual claims, but the tribunal was concerned that it will convert every contractual claim into a breach of BIT claim and would open a floodgate of cases.[23] The tribunal was very explicit in stating that they dont intent the clause to be so wide in its scope and assumed that the parties also never intended to do so. Giving effect to the clause would be exceeding what the contracting parties intended and the tri bunal is willing to accept.[24] So eventually the tribunal took jurisdiction over treaty claim only and allowed to PSI arbitrator to resolve the contractual disputes. SGS v Philippines was faced with the decision of the earlier SGS v Pakistan tribunal which came before some months only. The tribunal felt that the SGS v Pakistan tribunal didnt give the full and proper effect to the umbrella clause stating that the clause doesnt change the applicable   law on the contract from Philippines law to international.[25] The applicable law remains the domestic law only, the umbrella clause makes sure that the host state honours the obligation it has undertaken under the contract in effect, the clause help to secure the performance of the contract obligation by the host state in relation to international investment protection law.[26] Surprisingly after giving a broad interpretation to the clause the tribunal suspended the proceedings asking the claimant to get the judgement from the domestic court first and then come back to the tribunal if the claimant finds that the judgment is unsatisfactory or the host state doesnt comply with the judgment. The tribunal felt that they have jurisdiction over the dispute, but it is not yet admissible as there is another forum selection clause closer to the contract and if that fail then the tribunal can take jurisdiction.[27] Basically, speaking the tribunal stated that they have jurisdiction over the matter but it will become admission when the forum selection clause doesnt provide justice it will be admissible as it will get elevated to treat violation under the doctrine of denial of justice under international law.[28] Its clear by now that both tribunals decided not to decide on the contractual claim. As Thomas W Walde states, this happened because both the tribunal feared that it will open a floodgate. The SGS v Pakistan was much sincere and clearly vocal about the fear whereas the SGS v Philippines tribunal wrapped it in a more technical consideration.[29] In the end, we can see that both the SGS decision have left the concept of Umbrella clause on a very uneven ground by reaching at two different conclusions. In my opinion an umbrella clause provides much more confidence than a forum selection clause. The reason umbrella clause is preferred because it provides for the disputes to be resolved by a neutral tribunal as both the parties have equal say in the selection and appointment of the tribunals. whereas the forum selection clause requires that the dispute be resolved by a domestic court where the host state has an interest. This doesnt help to instil any confidence of the foreign investor in the domestic forum.[30] The SGS v Pakistan tribunal didnt take into consideration the entire jurisprudence of international law, had it vested far enough it would have realised that the jurisprudence states that contracts of aliens with a government are protected under international law, but only if there are not merely commercial, but have an e lement of governmental powers and prerogative.[31] The intention and aim of investment treaty are not to cover and protect normal commercial functions but rather the action of the government which may seem business like but are sovereign in nature. Had the tribunal delved and concentrated on this core aspect of international investment law it would have realised that the PSI contract involves the power of government (matter related to custom and revenue are the sovereign function of government and PSI agreement was a contract relating to the sovereign action of the Pakistan government) and it would have been able to assert jurisdiction without opening any floodgates. In my opinion when there is an umbrella clause, the parties should go ahead to give effect to the clause, however wide it is. The jurisprudence behind the umbrella clause is to give it a broad interpretation by literally reading it the way it is written. Further, if the argument given in the decision are carried to the extreme, it would invalidate not just the umbrella clause, but all BIT provisions. Conversely the host state should be the one to take the first step to allow the umbrella to take effect and raise the contract claim to treaty claim. Although this step would benefit both the parties, but the host state stands to gain from this action rather than loosing anything. My analogy is based on the assumptions that such an action would be beneficial to the host state, as it will be seen as a positive and pro-investment stance by other investors. The host state stand to benefit by way of a more hospitable, more attractive environment for foreign investment by the adoption of the BIT provisions such as clause like umbrella clause (also forum section clause). Another issue that arises is, reengaging with the clause of the BIT after the investment and that too after a claim has arisen, creates uncertainty in the global marketplace and this may will result in investor losing confidence in the host effecting loss of investment opportunity. In my conclusion, I complete agree with what Jarrod wong states, the language, history and purpose of umbrella clause dictates one reasonable interpretation that it applies to investment contracts without any exception and hence it should be enforced in case of any dispute in accordance with the partys agreement.[32] Moreover, a foreign investor enters an investment agreement with the host by drawing confidence from the BIT and its clauses should be applied as it is until and unless it is blatantly against any concept of international law. Some recent cases have tried to deal with the interpretation of the umbrella clause. while some went for the decision went for Broad, Unconditional Plain Meaning of the clause like SGS v. Paraguay[33] and EDF v. Argentina[34]. Those cases stuck to the concept that there should be a plain meaning buy some of them went for conditional plan meaning but none of the tribunal went ahead to clarify the confusion created by the SGS decision. We are slowly seeing a trend in the practice but far from reaching a conclusive finality. So, the present requirement is for ICSID to clarify on the umbrella issue that has cropped up because of the SGS decisions and the interpretation of the clause should be broad and literal as the jurisprudence related to the umbrella clause suggests. [1] Yuval Shany, Contract Claims Vs. Treaty Claims: Mapping Conflicts Between Icsid Decisions On Multisourced Investment Claims, The American Journal of International Law, American Society of International LawVol. 99, No. 4 (Oct., 2005), pp. 835-851 [2] Jarrod Wong, Umbrella Clauses in Bilateral Investment Treaties: Of Breaches of Contract, Treaty Violations, and the Divide between Developing and Developed Countries in Foreign Investment Disputes, 14 Geo. Mason L. Rev. 135 (2006). [3] ibid [4] Compania de Aquas del Aconquija, S.A. v. Argentina, Decision on Annulment, ICSID No. ARB/97/3, 41 ILM 1135, 1154 (2002). [5] SGS Societe Generale de Surveillance S.A. v. Pakistan, Decision on Jurisdiction, ICSID No. ARB/01/13 (Aug. 6, 2003), 18 ICSID REV. 301 (2003), 42 ILM 1290 (2003) [6] SGS Societe Generale de Surveillance S.A. v. Philippines, Decision on Jurisdiction, ICSID No. ARB/02/6 (Jan. 29, 2004) [7] Shany, (n1) [8] ibid [9] Cf Kalypso Nicolaidis Joyce L. Tong, Diversity or Cacophony? The Continuing Debate over New Sources of International Law, 25 MICH.J. INTL L. 1349, 1351 (2004) [10] Shany, (n1) [11] Ibid., pp. 835-851 [12] Lanco International Inc. v. the Argentine Republic (hereinafter Lanco), ICSID Case No. ARB/97/6, Preliminary Decision: Jurisdiction of the Arbitral Tribunal, 8 December 1998, 40 I.L.M. 457, 2001 [13] Ibid. [14] ibid., at para. 31. [15] Compania de Aguas del Aconquija S.A. and Vivendi Universal v. Argentine Republic (ICSID Case No. ARB/97/3, Decision on Annulment of 3 July 2002, 41 I.L.M. 1135, 2002, at para. 50. [16] ibid [17] ibid., at para. 54 [18] ibid., at para. 140 [19] SGS v Pakistan (n 5) at para 186 187 [20] United Nations Centre on Transnational Corporations, Bilateral Investment Treaties, UNCTC, 1988, at 39. [21] Christoph Schreuer, Travelling the BIT Route: of waiting periods, umbrella clause and Fork in the road, 5 J.W.I.T 2, 231 (2004) [22] ibid [23] Stanimir a alexandrov, Breaches of Contract and Breaches of Treaty: The Jurisdiction of Treaty-based Arbitration Tribunals to Decide Breach of Contract Claims in SGs v Pakistan and SGs v Philippines [2004] 5 J. World Investment Trade 55 [24] Emmanuel Gaillard, Investment Treaty Arbitration and Jurisdiction Over Contract Claims- the SGS Cases Considered in International Investment Law and Arbitration: Leading cases from the ICSID, NAFTA, Bilateral Treaties and Customary International Law, Tod Weiler Editor (2005).257, 2004, at 271-272 [25] alexandrov, (n 23) [26] SGS v Philippine (n 6) at para 126 [27] Stephen Schwebel, International Protection of Contractual Agreements (1959) A.S.I.L. Proc. 273 [28] ibid [29] Thomas W. Wà ¤lde, The Umbrella (or Sanctity of Contract/Pacta sunt Servanda) Clause in Investment Arbitration: A Comment on Original Intentions and Recent [2004] 1(4) TDM   1 [30] Wong, (n 2) [31] Schwebel, (n 24) [32] Wong, (n 2) [33] Socià ©tà © Gà ©nà ©rale de Surveillance S.A. v. Republic of the Philippines, ICSID Case No. ARB/02/6 [34] EDF International S.A., SAUR International S.A. and Leon Participaciones Argentinas S.A. v. Argentine Republic, ICSID Case No. ARB/03/23 Cocaine Addiction: History, Effects and Symptoms Cocaine Addiction: History, Effects and Symptoms Cocaine Addiction An Overview of Cocaine Addiction What is Cocaine? Cocaine is a stimulant drug that produces a greater effect of ‘high’ than other drugs such as methamphetamine. It comes in a form of white powder or crystal form with a bitter numbing taste. In general, the powder form is mixed with other materials such as talcum powder, icing sugar, cornstarch or other drugs such as amphetamine or procaine. Cocaine is derived from coca leaves, then processed into cocaine hydrochloride to produce the base of the drug which is develop into two forms recognized as crack and freebase. White crack typically comes in the shape of crystals varies in color from creamy or white to a transparent color with a yellow or pink tinge whereas freebase is the white crystalline powder form. Cocaine generally snorted through the nasal tissues hence absorbed into the bloodstream. Some people also rub the drug at their gums and swallowing it. Ways of ingesting it depends on the preference of the users, some want a rapid high sensation would inject it or inh ale it as a vapor or smoke. Cocaine is widely known by many names that includes pepsi, coke, crack, Charlie, base, sugar block and rock. Brief History Cocaine was once misclassified as a narcotic drug that depresses the nervous system. It is a powerful stimulant and indigenous natives chewed the coca leaves for boosts of energy. The natives believed it was given by the God and reserves the coca’s pleasure for royalties and high priests. In overtime, the coca leaves were spread to the common people. In 1860, the secret of the coca leaves caught the attention of a pharmaceutical company located in Germany. In the facility, the ancient coca leaf collided with modern chemistry and the drug’s active ingredients are isolated from coca’s chemical properties by chemist, Albert Niemann. After the chemical isolation, a crystal substance is formed and it was named Cocaine which derives from â€Å"coca† and the alkaloid suffix â€Å"-ine†. Niemann stripped the leaves of its mono rating substances and unknowingly created the world’s most addictive drug. How it is used? There are four common ways of ingesting cocaine which are oral, intravenous, intranasal and inhalation. In other street terms it is called chewing, injecting or mainlining, snorting and smoking. Intravenous use is a method of using a hypodermic needle to inject cocaine directly into the bloodstream causing instant intense effect to the user. Whereas intranasal administration is the process of snorting powdered cocaine through the external opening of the nose. Smoking cocaine requires breathing in the smoke or vapor of a burning cocaine into the lungs where the effects are sucked up into the bloodstream to create instantaneous euphoric high as such injecting cocaine. Users should be aware that there are absolute no safe way of using cocaine as the listed methods of using the drug result in absorption of toxic amounts of cocaine, cerebrovascular emergencies, acute cardiovascular and seizures that can to sudden death. Effects on the brain Cocaine activates norepinephrine, dopamine and serotonin, chemicals that stimulates movements, excitement and feelings of pleasure. Normally, when you get excited, startle, and frighten the brain makes you react in order to get out from harm’s way. Cocaine works in the similar way in the brain automatically without you needing it to occur. This addictive drug is a powerful central nervous system stimulant that stimulates the growth of neurotransmitter dopamine in the brain which is responsible to regulate movement and pleasure. Generally, dopamine is freed by neurons in response to potential rewards and reprocess back into the cell that freed it and eventually shutting off signals in linked with neurons. Cocaine stops the dopamine from being reused thus leading to excessive number of dopamine to develop in the synapse. This process causes amplification of the dopamine signals and eventually disrupts standard brain communication. The overflow of dopamine is the main cause of cr eating the cocaine’s euphoric high. Constant heavy usage of the cocaine can cause permanent long-term modification of the brain’s reward system and also other systems of the brain. Effects on the lungs Smoking cocaine is the main contribution to the majority lung and breathing complications. Users smoke crack, freebase or paste by using water pipes, glass pipes or cigarettes, heated using matches or butane lighters. Residue from the cocaine contaminants, matches, tars and additives as such marijuana usually causes chronic coughing, bronchitis, and coughing black phlegm thus leading to multiple chest pain and shortness of breath. The practice of breath holding and deep inhalation technique maximizes the volume of cocaine inhaled and the absorption and can cause collapsing of the lung. At times, users often express sharp pains in the chest area due to deep breathing, neck pain, painful swallowing and buildup of air under the skin located at the neck area called subcutaneous emphysema, which has a feature of crackling touch sensation similar to Rice Krispies cereal. In addition, smoking cocaine can also cause pulmonary edema, a condition of the lung being filled with fluids that can c ause severe shortness in breath, respiratory failure and later death. Effects on the heart Cocaine stimulates the sympathetic nervous system that is mainly responsible for the fight response function which is controlled mostly by epinephrine or adrenaline. Increased of heart rates, high blood pressure and narrowing of blood vessels are the effects of using cocaine. Other type of cardiovascular complications that are caused by cocaine include rapid heart rate and abnormal heart rhythms known as cardiomyopathy. Cardiomyopathy is a disease that weakens the walls of the aorta and causes aortic dissection and rupture of the heart muscle. Repeated use of cocaine can also cause narrowing in the arteries of the heart that can lead to the decrease of blood flow in the heart organ thus causing symptoms of angina, where heart muscles are deprived of oxygen-rich blood that usually cause death of heart tissues and heart attack. In addition, cocaine is also responsible for subsequent narrowing and accelerated hardening of the coronary arteries of the heart which results in heart attacks and cardiac deaths among users from the age of 19 to 44 years of age. Signs of Cocaine Abuse Addiction Cocaine is a drug that is highly addictive and interferes how the brain processes chemicals responsible for the feelings of pleasure. Users who are addicted to cocaine will lose control over the usage of the drug. Strong urges of need for the drug emerge from time to time although most users know the consequences after taking it. Here are some signs of cocaine addiction: Mood Swings The drug cocaine causes addicts to â€Å"crash† when they decide to quit. The term crash refers to moments where the addict’s mood swings changes rapidly from high to distress which causes addicts to continue taking it in order to feel normal. Excess of using the drug may lead to addiction. Withdrawal symptoms Addicts who are addicted to cocaine may show withdrawal symptoms of the drug. Withdrawal symptoms may include hunger, depression, suicidal thoughts, intense cravings, extended sleep or restless sleep, irritability and exhaustion. Abusing cocaine will seem the easy way out to not experience any withdrawal symptoms thus bringing the addict back to relapsing the drug. Change in Behavior If an addict abuses cocaine, their behavior will dramatically change after using the drug. The addict may seem happy or excited and acts more confidently to display an enthusiastic sense of well-being. Addicts also may appear talkative than usual, sexually excited, energy levels increased and loss of food appetite. Eye Changes The most obvious signs of abusing cocaine is the addict’s eyes. The pupil of their eyes are dilated and overly sensitive to light. The pupil is the black part in the eye and usually will constrict when there is light shone into it and get bigger when the presence of light is gone. Cocaine causes the addict’s pupils to dilate or get bigger than its usual size. Nasal Effect Other signs of cocaine addiction include nasal effects. Cocaine addicts usually have runny noses and nose bleed after prolonged use of the drug. Cocaine is heavily snorted through the nasal passages resulting narrowing in blood vessels which can cause blood pressure to increase and decrease in blood flow to the nasal cavity tissues. Without the right amount of blood supply to the nasal cavity tissues, the normal function of the nose may undergo massive damages such as loss of sense of smell and overall health may also be affected. Family members and loved ones should also be on the look-out for traces of white colored powder around the addict’s nose as an indication of cocaine abuse. Skin Effect Another sign of cocaine abuse is scratching of the skin. Cocaine users typically experience irritating crawling feelings under the skin. This crawling feeling is known as ‘snow bugs’ or ‘cocaine bugs’. Addicts describe the feeling of cocaine bugs as burning, itching, biting and creeping. Some addicts will tend to always scratch their skin until it bleeds to ease the irritation. Keep an eye for small bleeding wounds and formation of scabs on your loved ones to identify the abuse of cocaine. Over-Heating Regular cocaine addicts will always find themselves sweating excessively due to dramatic increase of the body temperature. Addicts may also hallucinate and feel agitated, confused and paranoid easily. Family members should notice behaviors of their loved ones such as constant pulling off their clothes or tries to cool down the body with cold showers, wandering the streets without reasons and violent behaviors as signs of cocaine addiction. Treating Cocaine Addiction Without proper treatment, cocaine addiction and abuse can lead to destructive injuries and irreversible harm. In due course, similar to other substance addiction it will cause overdose, accidents, chronic health issues and death. At Solace Sabah, we offer the latest drug recovery program that incorporates cutting edge psychotherapies, modern medicines, committed aftercare, family integration and customized treatment plans. Every client will be provided with thorough and effective care for even the worst possible case of drug addiction. If you find your loved one is relying highly on cocaine and powerless to stop using the drug, treatment and immediate intervention are their best option for a chance to live a healthy life again. Contact us today at Solace Sabah to gain an understanding on how our in-depth addiction treatment program can help your loved ones to start the recovery journey.

Life Or Death Essay -- essays research papers fc

Life or Death There have been many issues through time that were loved by some, and hated by others. For example, people often debate the controversial issue of abortion. This issue is so involved, that it effects people morally, socially, and politically. At local clinics, some people will go as far as to hold protests. These are just some issues that effected people in the past and present ethically. Yet despite these issues, society has continued on. Euthanasia is an issue that concerns people of all ages in society today. Imagine, if you would, that you had a relative on his death bed with cancer. Their was no possible surgery that could remove the tumor. The doctors say that he could be suffering for days, weeks, or even months before he would pass away. Say that you had a daughter that was in a coma and would not get any better. Just ask yourself, what would you do? Now, imagine the same relative with the same disease again; only this time the medical industry has suddenly discovered a cure for cancer. Then, the day he was going to be put to death they found a cure for him and he was saved. If you went through with the mercy killing it would have been like murder. Also, how do you think you could handle yourself after knowing that you ended your daughters life? These are some of decisions we are faced with during situations of this nature. Euthanasia, also mercy killing, is the practice of ending a life so as to release an individual from an incurable disease or intolerable suffering. The term is sometimes used generally to refer to an easy or painless death. Voluntary euthanasia involves a request by the dying patient or that person's legal representative. Passive, or negative, euthanasia involves not doing something to prevent death–that is, allowing someone to die. Active or positive euthanasia involves taking deliberate action to cause a death (Microsoft Encarta 98). Euthanasia is a controversial issue that deals with religious, legal, and personal aspects. Most religious groups today look at euthanasia as immoral and sinful. For one example, the Christian Bible says, "Or do you not know that your body is the temple of the Holy Spirit who is in you, whom you have from God and you are not your own? For you were bought at a... ...at the legal aspects, while most say they can do what ever they want with life. The bible says that people shouldn't commit mercy killings. Also, the medical industry is split down the middle about it There are legal and illegal aspects which make it an issue that is still being debated. Personally, I can see why this subject should be outlawed. This brief summary of the topic gives some examples why this is inhumane. People say that people have the right to do what they want with their own lives. The religious side of it says that we owe our lives to God. I do read the read the Bible and I do agree with the scriptures. No one can tell another how they should feel, yet I hope to have given you some useful information on this topic, so that you can make your own opinion. Works Cited Bergman, Brian. "The Crown Reconsiders." Maclean's 17 Nov. 1997 "Euthanasia." Microsoft Encarta 97 Encyclopedia: CD-ROM 1997 Kondro, Wayne. "Reduced Sentence for ‘Mercy Killing'." Lancet 13 Dec. 1997 Tivnan, Edward. The Moral Imagination: Confronting the Ethical Issues of Our Day. New York: Simon & Schuster Inc. 1995

Things to Know About Dissertation Editing Services

Often, people wonder whether there Is a need for dissertation editing services. Let us put It simply. Everyone needs dissertation tattled services when they need to make a dissertation. Making and writing a dissertation Is one of the most Important things to excel at In an academic career. You need to understand that dissertation is always reviewed minutely by the academia. You need to have proper references and give proper credits. The dissertation should be organized and structured properly. There should be a proper low of thought.More, you need to ensure that the layout and flow of thought is properly able to explain the subject matter. No wonder you may need to hire an expert to check everything – there are far too many things to check after all! Editing service for students Dissertation tattled services Is what every student needs as after they complete their dissertation they need to get It edited to give It the final touch. However, there are certain things that one sho uld know about before getting such services done. . It is important to know that the dissertation editor you are going to hire has a thorough knowledge of your subject and related writing and understands the subject really well. It is only then that he will be able to offer perfect services without leaving out any mistakes. 2. You must ensure that your dissertation editor understands the process of research and also knows what the grounds are on which a committee can reject or approve your dissertation.He needs to work keeping these factors In mind and get all the acts right, to make sure your dissertation gets approved. 3. Before hiring a dissertation editor, always check the market to find out the best options available. You should not hire an editor who overcharges you or one who charges you very little for incomplete or imperfect work. Make sure that the dissertation editor you hire asks for reasonable charges while offering perfect services for your hard work. 4.Another thing t o know Is that when getting such services done, you must be sure hat your editor will work on a professional level where he will not only change all the inappropriate and wrong wordings and correct them but also correct all spelling errors, punctuation mistakes and grammatical errors and format the entire work appropriately. The editor you hire for the same must have a great command over the language in which the dissertation is written or else his own mistakes and improper knowledge will reflect in your work and get it rejected by those who check it. More info – http://www. Grahame. Com/dissertation-editing-services/

Microsoft Team Dynamics and Ethics

Microsoft Team Dynamics and Ethics Free Online Research Papers The stresses of knowledge transfer and knowledge management are especially prevalent in the software industry. The time and increasing cost pressures of global software development amplify and make more challenging the issues of globalization affecting every high technology business today. The need for real-time process, system and knowledge management integration across globally-based development teams is critically important if software applications are to be launched on schedule and seen as relevant to the changing computer user’s needs (Gibbs, 2009). Compounding the data, knowledge and process management aspects of a globalized development strategy that many companies including Microsoft has long relied on (Cusumano, Selby, 1997) are the cultural constraints as well as defined by Hofstede as cultural dimensions (Hofstede, 1998). Simply put, the formation of a global development team is very difficult. Its complexity is compounded by the ethical considerations of shari ng knowledge globally to ensure equality of opportunity for all geographies and all programmers, making sure ethnocentrism does not take hold (Tekleab, Quigley, Tesluk, 2009). The intent of this paper is to analyze how global software development teams can be formed to ensure the highest performance possible while also taking into account the ethical considerations of globalization. Microsoft’s Approach to Programming Team Development Microsoft’s legacy is based on small, tightly integrated software development teams that concentrate on solving highly complex and therefore, difficult problems in close coordination with each other. This requires a more loosely defined organizational structure that gives those engineers with exceptional talent the freedom to grow professionally at their own pace while enriching others in their teams at the same time (Cusumano, Selby, 1997). Promotions and status within the Microsoft culture are more driven by expertise and knowledge than by seniority, which fuels a highly competitive environment in terms of new approaches to solving complex, difficult programming problems (Lysenko, 2006). As would be suspected, traditional approaches to creating teams that are from the more chain-of-command era do not work at all in the Microsoft environment, yet transformational leadership and leadership based on technical expertise leads to teams accomplishing exceptional amounts of wor k ahead of schedule as a result (Cusumano, Selby, 1997). Transformational leadership within Microsoft is unique to the organization, as its culture highly values technological expertise, yet also has a sizeable bureaucracy within which to operate. The challenge in creating teams within Microsoft is to have team leaders who can continually manage to objectives while providing exceptionally strong technical expertise, while also mitigating or minimizing conflicts between team member’s altogether (Somech, Desivilya, Lidogoster, 2009). The role of team leader within Microsoft is considered to be one that requires exceptional levels of technical expertise and credibility as a result (Lysecki, 2006). There are also the generation gaps between and within teams across all of high technology (Birkinshaw, Crainer, 2008) with this being particularly evident in the Microsoft culture as well. That’s why it is so critical that the culture continually adopt team dynamics that concentrate on expert power over any other, especially legit imate or position power (Humphreys, Pryor, Haden, Oyler, 2009). For Microsoft, the concentration on creating transformational leaders through the use of expert power also makes it possible to get entire teams more efficiently to accomplish shared goals (Mathieu, Rapp, 2009). The Ethics of Globalization and Microsoft As Microsoft have development centers in many nations, the need for close coordination of development processes, systems and schedules is critically important to the success of development programs. Internally the company struggles daily with the ethics of ethnocetricism, which in other words is the tendency to keep the most career-enhancing projects in Redmond, Washington and send the secondary projects to other nations. This has been seen as one of the ethical lapses Microsoft has made in terms of managing its development (Lysecki, 2006). Externally, there are just as many ethical challenges including the alignment of Microsoft applications and operating systems to unique requirements in foreign nations that vary from data encoding, multilingual interfaces, localization and scalability testing. Microsoft relies on its developers in these other nations to ensure their applications are aligned with the needs of these markets. What Microsoft has learned over the last three years about keeping their development teams aligned globally are the benefits of social networking (Hossain, Zhu, 2009). These include collaborative platforms including Facebook private pages, Wikis and enterprise content management (ECM) portals used for managing content so it is available on a 24/7 basis. Microsoft has an inherently difficult problem to solve internally about ensuring more opportunities for their talented off-shore programmers to participate in the most challenging and professionally rewarding projects based in the U.S. This ethnocentric attitude has been viewed at times as unethical by programmers located outside the United States. Another aspect of Microsoft’s ethical dilemmas is the pricing of software specifically developed in Redmond, Washington where development expenses are at their greatest, yet sold at very aggressive prices in 3rd world nations. Microsoft’s pervasive use of bundling which began in response to Netscape’s competitive thre at (Clements, 2002) continues today in 3rd world nations and is a frequently used strategy for ensuring operating systems and server products are competitive in these nations. Microsoft however, has paid development expenses for many of these products in the U.S., and uses their development centers for localization. The ethical aspects of this on team dynamics are obvious (Lysecki, 2006) with many developers in these other nations insisting that they should be given the opportunity to create these applications, operating systems, and server-based applications entirely in their native nations. Microsoft counters that their quality management of coding in Redmond, Washington is superior (Cusumano, Selby, 1997) and that it is essential for team dynamics that core areas of applications be developed and tested in Redmond. The effects of this from a team dynamics perspective continue to be felt in how global teams are managed and motivated. The fact that the Chinese market is by far the most promising from an operating system standpoint has the 5,000 member development and RD Center in Beijing (Buderi, 2005) focused on how they can earn credibility and ascend in the Microsoft corporate culture. Conclusion In developing high performance teams within high technology companies such as Microsoft, credibility and technical expertise, or expert power, are far more important than position power or legitimate power. The catalyst of what keeps these companies competitive is the extent to which they can continually grow new leaders who have a strong depth of technological ability, yet also have the ability to motivate through example. The globalization aspects of development teams can often fall into the trap of being ethnocentric in nature, with the majority of development going to staff in headquarters. Externally there is the challenge of managing products’ pricing in foreign countries so they are competitive yet also ethically priced and not deliberately low-priced just to gain market share. Microsoft has the many challenges of managing global development teams ethically for their globally based employees while also ensuring their pricing is ethical and not deliberately low to j ust drive smaller, less financially viable competitors from the market. Research Papers on Microsoft Team Dynamics and EthicsThe Project Managment Office SystemOpen Architechture a white paperBionic Assembly System: A New Concept of SelfResearch Process Part OneInfluences of Socio-Economic Status of Married MalesRelationship between Media Coverage and Social andIncorporating Risk and Uncertainty Factor in CapitalBringing Democracy to AfricaStandardized TestingMarketing of Lifeboy Soap A Unilever Product

Development of Social Policy essays

Development of Social Policy essays The development of health care policy in the last one hundred years has been shaped by many factors. These factors are social, economic and political and include poverty, de-industrialisation and different political ideologies. Social attitudes changed over the nineteenth and twentieth centuries and were the main driving force for the development of health care policies. In the early 1900s attitudes were changing and people were becoming more aware of social conditions within the country. The Boer War and the two World Wars had shown politicians that the country was poor, unfit and extremely unhealthy. Unemployment was rising and more and more people were becoming dependant on help from the state. At this time we had the political influence of a Liberal Government whos ideals described as social democratic, would give rise to the health service. Social democratic ideals concerning health care were that care should be available on a needs basis rather than for those who could afford it and should be provided by the state. They believed that all people should be free from poverty. The social democrats thought that its people were the governments responsibility to look after. This ideology led to Labour exchanges and National Insurance being set up in 1911 to help those who were sick and out of work. Women were given the vote and they helped to hig hlight social conditions of the nation. Poverty was rife and was a drain on the economy, and was one of the main reasons the population was so unfit and unhealthy as we will see later. In 1942 Beveridge produced a report that was designed to counter the five social giants of idleness, ignorance, disease, squalor and want. The report was lengthy and considered the whole question of social insurance, arguing that want could be abolished by a system of social security organised for the individual by the state. Beveridge recommended the establishment of...

Policies to reduce negative externalities Essay Example | Topics and Well Written Essays - 500 words

Policies to reduce negative externalities - Essay Example Also such a tax tries to compensate the situation where the cost to the society is more than the cost to the producer. This tax will ensure that the producer bear the full burden of the market decision taken by him. Such a tax might urge the plant to reduce its production or improve methods to contain pollution which might involve technological upgradation. Hence in case of such a policy the company bears the cost. This policy was practiced earlier with success but later replaced by pollution rights which ensure that the firm does not lose profits but can trade their pollution rights. However in such cases the gains to the environment is not much compared to the effect it has on minimizing cost to the firms. This policy has worked in case of Kyoto Protocol where the carbon taxes imposed is targeted at the producer causing the negative externality. Such taxes on emissions also encourage the development of alternative and renewable energy sectors. Also when a large organization is forc ed to cut down production it gives relief to the smaller organizations from a competitive pressure. Hence this tax can also help in bringing about a balance in the market to reduce inequalities. (Hackett 2001) The second policy that the company can adopt is that of setting caps and baselines.

English Jurisdiction Case Study Example | Topics and Well Written Essays - 1000 words

English Jurisdiction - Case Study Example May, furthermore, complained that she had suffered from emotional anguish after the incident. Consequently, May Donoghue filed an action suit against the manufacturer of the ginger beer, David Stevenson, in April of 1929 seeking 500 as payment for the damages inflicted as a result of drinking the ginger beer (1 page 563 Court Records).1 The consequences of the suit - Donoghue v Stevenson - and the events which ensued later still stand as one of the most prominent cases in United Kingdom's legal history and changed the course of consumer law perpetually, as the decision of the House of Lords, UK's supreme appeals court, established a very significant foundation of the delict law not just in Scotland but also all over the world. The House of Lords affirmed that scope of their judgment principles covered English Law as well (page 564 Court Records).2 Donoghue lodged her case in Court of Session in 1929 with the help of Walter Leechman who at that time was already familiar with the previous rulings of the courts with regards manufacturers' liability to consumers in Scotland (Mullen v. A.G. Barr & Co. 1929 S.C. 461). This previous rulings were the main basis of the Scotland's delict law which affirmed that manufacturers have no obligations to or contractual relationship with an individual if she did not pay for the consumer item. Thus May Donoghue could not claim damages or file suit against the manufacturer under the Scottish delict law. The courts ruled twice removing, Stevenson, the manufacturer of the ginger beer, of any legal responsibility citing the courts previous ruling in Mullen v A.G. Barr. Donohue and her lawyer sought appeals from the House of Lords which overturned the decisions of the previous courts and overruled Mullen v. Barr Co., Ld., and M'Gowan v. Barr Co., Ld., 1929 S. C. 461. The House of Lords argued that the manufacturer is liable to the consumer when he places an item for sale for consumption purposes without aptly examining the product. Care should be practiced in ensuring that the article or item sold to the consumer 'is not injurious to health.' Hence the manufacturer is liable to the appellant as he put upon his product, the ginger beer - designed in such a way that consumers would not be able to determine what was inside the bottle. The House of Lords in this ruling has asserted that responsibility rested upon the manufacturer of the ginger beer as, whether the design of the bottle which made it difficult for the consumers to inspect its content, was done intentionally or unintentionally, the rights of the consumers must be protected. The issue, acco rding to the court, was not the contention that the manufacturers committed fraud but the manufacturer's apparent negligence (page 565 Court Records). Lord Bruckmaster argued that the principles the courts gleaned from the appeal is that, the manufacturer, or anyone who confers another service of work as for instance, the repairer, 'owes a duty to any person by whom the article is lawfully used to see that the it has been carefully constructed.' (page 578 Court Records) However, Buckmaster also notes that (page 578 Court Records), that this duty, outside the contractual obligation of the manufacturer, is very broad and covers every item, because this obligation can be extended to every person