Macbeth explores ambition and its consequences Essay Example for Free

Macbeth explores ambition and its consequences Essay Macbeth explores ambition and its consequences and I am going to show how he successfully portrays this exploration and where in the play examples of this can be found. In scene three of act one, the witches for the second time in the play are seen. This time they are bragging about their unnatural actions and their powers over the human world. Macbeth and Banquo appear on what Macbeth describes as an unusually, foul and fair day. A foul day would be commenting on the weather but a fair day since they have just been triumphant in a defeat in battle. This description of the day by Macbeth could also mean something else too. It could also represent what is about to happen as well. Fair prophecies are to be told soon, but at the same time they may turn out to be foul. When Macbeth and Banquo confront the witches, they are unsure of what or who they are. Unsure of whether they are mortal or immortal due to the things they are saying and how they appear since they have beards like men. This can be seen when Banquo says, What are these,/ So withered, and so wild in their attire,/ That not look like th inhabitants o th earth,/ And yet ont? Live you, or are you aught/ That man may question? You seem to understand/ By each at once her choppy finger laying/ Upon her skinny lips. You should be women,/ And yet your beards forbid me to interpret/ That you are so. Then each of the witches hail Macbeth in three different ways. The first is Thane of Glamis. The second witch, Thane of Cawdor. The third witch hails Macbeth and speaks of him as King of Scotland thereafter. Banquo then questions the witches as to what they have to say to him. The first two witches build up to the third witchs comment that Banquos descendants will be kings. After this, Macbeth begins to question the witches for more information as to how these prophesies are to come true and how they know this information. All of a sudden the witches vanish into thin air leaving Banquo and Macbeth to talk about what has just happened and what has been said. Ross and Angus (two of Macbeths men) arrive and tell Macbeth of his elevation to Thane of Cawdor, and that the former thane is to be executed for treason. Macbeth and Banquo are in disbelief after being told this since what the witches have told them is really happening. Macbeth is now intent in believing he is to be king due to this occurrence of him becoming Thane of Cawdor. Banquo warns Macbeth that evil is at work even though such good things are being predicted and happening. Banquo is sure there is something sinister behind it all. Macbeth doesnt want to hear what Banquo is telling him and begins to imagine what King of Scotland would mean for him. Macbeth and Banquo decide to let future take care of itself and agree to discuss this matter at a more convenient time. It is already clear that the two men arent in agreement about the situation. Macbeth believes what the witches have told them, since part of what they have already said has come true. Banquo on the other hand is doubtful about what is happening and believes something evil and sinister is happening. Banquo is thinking logically and being very conscious about the current situation. Already ambition and temptation is effecting Macbeths actions and thoughts. Doubtfulness and a disagreement in opinion is the only thing challenging their relationship so far but it could get a lot worse. At this point the reader may feel that Banquo is trying to tell Macbeth to not read too deeply into these prophecies told by the witches since they are believed to be evil by him. But on the other hand Banquo may be regarded as jealous towards Macbeth about his good fortunes that are occurring. I think Banquo being regarded as jealous, is thought of more by Macbeth rather than the reader. Macbeth may see Banquo as a threat since his descendants may challenge Macbeths position in years to come when he believes he shall be king of Scotland. Macbeths ambition within this scene has not yet caused consequences but may do in later scenes to come. When Macbeth enters and Lady Macbeth explains to him what her plans are of killing the king Macbeth does not appear as enthusiastic about the idea and is hesitant. He immediately explains that Duncan will be departing next day. But Lady Macbeth simply says that he shall not see tomorrow and to leave the plans to her. It is understandable for Macbeth not to be all that enthusiastic about the idea of killing the king due to many aspects. These aspects include, Duncan being a relative of Macbeths, the potential of being caught, and also a matter of killing someone just to steal a title which belongs to an ally of his. Ambition from Lady Macbeth seems to be a threat towards Macbeth. Her violent, blistering soliloquies in act one, scene five, testify to her strength of will, which completely eclipses that of her husband. The witches are the cause of Lady Macbeths actions and ideas. Their prophecies have so far influenced both Macbeth and Lady Macbeth, although Lady Macbeth considerably more so at this point within the play. In scene six Duncan arrives at Macbeths castle and is greeted warmly by Lady Macbeth. A very false greeting since the thoughts and ideas running through her mind are far more different than what she is expressing to Duncan in greeting him. This is false sense of security from Lady Macbeth towards Duncan. Ambition is feeding this false sense of security from Lady Macbeth towards Duncan since this is part of her plan to kill the king. Scene seven begins with Macbeth debating to himself the options he has in murdering or not murdering Duncan. He says that the deed would be easy if he could be certain that it would not set in motion a series of terrible consequences. He then considers the reasons why he ought not to kill Duncan. The reasons include: Macbeth is Duncans kinsman, subject and host. For someone to be related to and host someone else, then murder them is seen upon as inconceivable. He then comes to the decision to not kill Duncan since the only thing to drive his actions of killing the king would be his ambition, which he sees as an unreliable guide. Lady Macbeth is now expressing outrage towards Macbeth and trying to gain sympathy from him towards her since she has just told him that he is not providing her with enough love just because he wont kill Duncan. This is a very desperate resort that further expresses Lady Macbeths character towards the audience. Ambition is driving her evil actions. As Macbeth begins to waver after Lady Macbeths insults towards him, she then explains her plan. Immediately after she has explained her plan, Macbeth is surprised by her well thought out plan and her boldness/attitude. He then decides to proceed with the murder. Lady Macbeths attitude and ambition is influencing Macbeth to such an extent as to change his feelings and ideas towards the subject. This emphasises the power of ambition expressed from one person towards another. The witches prophecises and Lady Macbeths ambition together have made Macbeths ideas and opinions change completely. In act two, scene 1, Banquo and Fleance are walking along the hall way of Macbeths castle. Banquo tells his son, Fleance, about him being unable to sleep properly due to cursed thoughts and dreams. This shows that the three witches are having an effect upon Banquo. When Banquo and his son are confronted by Macbeth in the hall way, Banquo speaks of the witches telling some truth. Macbeth replies in an innocent way and says, I think not of them./ Yet when we can entreat an hour to serve,/ We would spend it in some words upon that business Macbeth is telling Banquo a blatant lie about his thoughts and feelings about the witches. Macbeth tells Banquo that he has thought nothing of them since the night they both confronted them. They then both agree to talk about the subject of the witches and their prophecies at a later time. Lady Macbeths plans have made Macbeth lie to his own friend and a great friend of that who he fought with side by side in battle. If Macbeth had told Banquo the truth in that he had been thinking about the witches a lot of the time, Banquo may suspect something when the king is killed in Macbeths own home and then Macbeth becomes king! Banquos knowledge of the witches prophecy makes him both a potential ally and a potential threat to Macbeths plotting. For now, Macbeth seems distrustful of Banquo and pretends to have hardly thought of the witches, but Macbeths desire to discuss the prophecies at some future time suggests that he may have some sort of conspiratorial plans in mind. The appearance of Fleance, Banquos son, serves as a reminder of the witches prediction that Banquos children will sit on the throne of Scotland. We realize that if Macbeth succeeds in the murder of Duncan, he will be driven to still more violence before his crown is secure, and Fleance will be in immediate and mortal danger. Ambition and determination from both Macbeth and Lady Macbeth will drive someone to killing Fleance or Banquo or even both at some point since these characters are potential threats in preventing Macbeth to remaining king of Scotland. As soon as Macbeth and Fleance depart and leave Macbeth alone, Macbeth imagines that he sees a dagger leading/pointing him in the direction to Duncans room. Macbeth tries to grasp the weapon and fails. He wonders whether what he sees is real or a, A dagger of the mind, a false creation,/ Proceeding from the heat-oppressed brain? Macbeth decides that the vision of the dagger was simply a manifestation of his unease over killing Duncan. It is obvious that Macbeth is not overly confident nor enthusiastic about the matter of murdering Duncan but his lover has literally forced him into this position through mockery and ambition. As Macbeth hears the signal of the bell rung by Lady Macbeth he heads off to the kings room and commits the murder and says, I go, and it is done./ The bell invites me./ Hear it not Duncan, for it is knell/ That summons thee to heaven or to hell. This is Macbeths concluding speech before going on to commit the murder of Duncan. In act two at the beginning of scene one, Lady Macbeth is waiting for Macbeth to return, is found contemplating to herself about drugging the kings guards and congratulating herself as to how bold she is to carry out such actions. She also asks herself what gave her such courage, evil or sinister spirits perhaps as she asked for earlier on in the play? She says this at the beginning of scene two act one, That which hath made them drunk hath made me bold;/ What hath quenched them hath given me fire./ Hark! Peace! She obviously doesnt want anyone else to hear what she is saying since she appears startled when Macbeth enters. Macbeth appears dazed and obsessed with thoughts of damnation after committing the murder. Lady Macbeth notices the blood drenched daggers within the hands of Macbeths. She tells him to pull himself together after this dreadful mistake and also shouting, Whos there? What ho! Lady Macbeth warns Macbeth that he may have woken the guards after that silly act of shouting and tells him to return the daggers to the guards as planned. Macbeth refuses and so Lady Macbeth places the daggers next to the guards herself. Effects of shock and disbelief are gradually setting into Macbeth and this can be seen by his type of language spoken. This can be seen when Lady Macbeths tells him to return the daggers and he replies, Ill go no more./ I am afraid to think what I have done./ Look ont again I dare not. Macbeth appears to be unable to face up to what he has done, not even to himself, and is ashamed of himself after carrying out the murder. He is in shock and in denial over the whole situation. Macbeth appears scared and frightened of his own actions and all of this because ambition from Lady Macbeth and Macbeth. As the two go to wash their hands and prepare to get changed into their night clothes there is a knocking on the door of the castle and the murderer and his accomplice frantically get changed so to enable no one to suspect them as the possible murderers. The effect on Lady Macbeth after her trip into Duncans bedroom is particularly striking. She claims that she would have killed Duncan herself except that he resembled her father sleeping. This is the first time Lady Macbeth shows herself to be at all vulnerable. Her comparison of Duncan to her father suggests that despite her desire for power and her harsh chastisement of Macbeth, she sees her king as an authority figure to which she must be loyal. Also after the murdering of Duncan an important aspect to remember is that physical evidence can be washed away, like the blood to be washed off the skin of the hands, but emotional and mental feelings cannot be so easily removed and disposed of. This can be seen a little later in the play when Macbeth begins to act disturbingly and struggles to hold in his feelings. In the first scene of act three, Banquo is summing up the current situation. He has now witnessed two of the witches prophecies coming true, why not the next? If the next prophecy comes true that means Banquos descendants shall become king. Ambition and hope is now feeding Banquos motivation towards believing that the next prophecy shall come true. Macbeth and Lady Macbeth are now attempting to put Banquos mind at ease by inviting him to a feast. Doing this they hope to prevent Banquo getting suspicious about the murder of Duncan and so not think it was Macbeth and Lady Macbeth who were involved in the murder. If they both tried to avoid any sort of contact with Banquo, it would seem suspicious and suspect since he is such a good friend of Macbeths. Macbeth goes onto tell Banquo that they must discuss the problem of Malcom and Donalbain fleeing and therefore possibly intending to plot against the crown. So far, Macbeth is covering is guilt very successfully and appearing genuine and true towards Banquo. A false sense of security is given from Macbeth towards Banquo. When Banquo departs, Macbeth remains on stage and begins a soliloquy. The soliloquy is of Macbeths thoughts about Banquo and the threat he holds with Fleance too. He speaks of how he may have killed Duncan only for their sake in the future to come. He fears killing Duncan has assisted them in becoming king a lot sooner than Macbeth wants. Macbeths best friend is now is worst threat. Banquo and Fleance are a great threat towards Macbeths position of kingship. Macbeths and his Ladys ambition for wanting everything and nothing but the best in kingship is beginning to have its consequences. Macbeth now knows he must get rid of both Banquo and Fleance so to prevent any such threat remaining towards Macbeth and his position as king of Scotland. He speaks with two murderers to whom he had already spoken the day before, assuring them that their misfortunes are Banquos fault. He tries to urge them to take revenge upon Banquo and his family. He tries to persuade the two murderers that if they carry the intended job out, that then proves them to be real men. They agree to the proposed job Macbeth is telling them to do and he stresses to kill both of them, Banquo and Fleance. Macbeth is now needing more people killed (to feed his ambition and determination in becoming king) although not carrying the offence out himself. This may be due to the fact that killing Duncan is taking effect and that Macbeth can not bear to kill another friend of his just for his good. This killing is an act of selfishness, greediness and desperation. He may not be carrying out the murder himself because he feels he is unable to kill such a dear friend and a friend he has fought side by side with in battle. He also may not want to murder Banquo and Fleance because it may appear suspicious if another murder occurs and no witnesses available to say where Macbeth was at the time. If people know where Macbeth is, they cannot suspect him of being guilty for the murder. Macbeth doesnt want to risk being caught by anyone and so has appoint these two men to do the job for him. Macbeth has no hesitation in killing Banquo and Fleance, which shows his ambition and determination is driving his actions. Macbeths conscience is no longer a part of his decisions he makes. Ambition appears to have replaced common sense. He is organising the death of one of his best friends and his friends son just so he can remain as king. Its hard to believe that the murders Macbeth is responsible for (in carrying out and planning) have all been down to prophecies told and Macbeths and Lady Macbeths ambition and determination in making the prophecies happen. Macbeth now appears more able and independent, since Lady Macbeth has had no say in the plan of killing Banquo and Fleance, that we are aware of. Lady Macbeths ambition and determination earlier on in killing Duncan is now consequently making Macbeth more determined to remain king. This is an awful consequence due to the fact that innocent friends and relatives of Macbeths are dying just so Macbeth and Lady Macbeth can preserve their hierarchal status. These are very selfish and ambitious ways of keeping it their own way, the way they want it to be. In scene two, act three, Lady Macbeth is urging Macbeth to put the past behind him due to being uneasy about how Macbeth is. Macbeth hints that he has a plan that is intended to be carried out that evening. He gives no details but he believes she will approve of his plans and actions. Macbeth, through Lady Macbeths eyes, is now appearing to be in full control of making sure that he remains king and she remains queen of Scotland. It is clear that Lady Macbeth is uneasy about it, but she covers her feelings when around Macbeth. After all it was her motivation and ambition that has made Macbeth what he is now both king but at the same time a ruthless killer if needs be just to hold the current position of king. It is clear now that Macbeths ambition is feeding his motivation. In scene four, this is where it all starts to go wrong for Macbeth and for Lady Macbeth too. Macbeth learns that only Banquo was murdered and Fleance escaped from the attempt at killing both. Macbeth is angered at this result and tells himself, There the grown serpent lies;/ the worm thats fled Hath nature that in time will venom breed He basically talks of how Banquo (the grown serpent) lies dead but the younger and growing boy, Fleance (the worm) is still at large and later in life he will pose a threat. Shakespeare refers to the pair as snakes and worms due to the fact that they can strike at any time and are hard to kill or catch. This sums up Fleance perfectly since he could strike at any time and therefore pose a threat, and also is hard to kill. This is disastrous for Macbeth and Lady Macbeth because it is Fleance that must be killed since he is the main threat towards Macbeths kingship. If Banquo survived suspicions would arise, but with Banquo dead and Fleance still alive, suspicions are still going to occur and also the threat is still at large for Macbeth and his lady. As the banquet begins and Macbeth sits down with his friends to eat he finds a ghost of Banquo sat in his seat. Invisible to anyone else at the banquet, Macbeth begins to talk to the ghost in the chair although through the eyes of the people attending the banquet it would appear to be Macbeth talking to a chair. If he starts saying too much he may give away information about murders that they have planned and carried out to the other guests. The side effects of the deception, ambition and lies are now beginning to take effect on Macbeth. He is hallucinating images of his victim which means he is worrying about the matter a great deal. All this is a consequence of over ambitious actions carried out by both Lady Macbeth and Macbeth himself. Shakespeare fundamentally shows ambition in two different ways in Macbeth. He shows how ambition can have dreadful consequences and how it can ruin your life. In Macbeths case he dies which is the ultimate price to pay for his ambition and attempting to change natures course. Shakespeare also shows ambition as a good thing through Banquos actions as he stays level headed and lives life each day at a time. Banquo and his role in Macbeth represent the better side of ambition but Macbeth represents the worst side of ambition. Ambition is generally looked upon as a good aspect to a person, but Shakespeare successfully shows how ambition can be both good and bad and what consequences can occur if you have too much of it in Macbeth.

Distinctions Between International Law And Municipal Law

Distinctions Between International Law And Municipal Law George, the Chief Justice of Ruretania, has been invited to sit on the ICJ as an ad hoc judge in a case now before the Court. After many years dealing with domestic law issues, he is now experiencing some difficulty in assessing the material submitted to the Court by the parties. These materials include: a. An article in the American Journal of International Law written by an eminent jurist; b. Draft articles prepared by the International Law Commission; c. A decision of the Supreme Court of one of the parties to the dispute; d. A United Nations General Assembly Resolution; e. A Treaty to which only one of the parties to the dispute is a party; f. A statement by the foreign minister of one of the parties; and g. A previous decision of the ICJ. Draw up a detailed memorandum for George explaining the sources of modern international law and advising him in particular as to the weight he should attach to the above-mentioned materials as sources and evidence of international law, drawing upon doctrinal aspects, relevant court judgments and opinions of authors. Introduction One of the primary points of distinction between international law and municipal law may be drawn from the nature of their sources. International law has been described by authors as a decentralized system which arguably lacks a predefined and concrete structure which discriminates between potential sources as to their importance and value in the resolution of issues  [1]  . The international judge does not have reference to a constitution, codes of law or statutes as in the municipal scenario. This is due to the fact that in international law there is no compulsory jurisdiction and any rules which a state must abide to are the same rules which it has expressly consented to, either by way of its consistent practice in the formation of custom or else expressly in the formation of treaties. Technically speaking, such contractual arrangement usually creating mutual obligations by way of treaty are the only source of international which is by its very nature objectively binding upon states, a reflection of the pacta sunt servanda principle in domestic Civil Law. It is for this reason that the law of treaties has been held to be a primary principle for centuries. Custom, on the other hand is primarily a matter of evidence. Brownlie  [2]  speaks of a categorization between the formal and the material sources of law. The formal sources are the legal procedures and methods for the creation of rules of general application which are legally binding on the addressee such as international custom created by constant state practice and the law contained in treaties. The material sources, on the other hand, provide evidence of the existence of rules which, when proved, have the status of legally binding rules of general application, here one can include decisions of international courts or tribunals, resolutions of the General Assembly of the United Nations and possibly Doctrinal sources. Brownlie continues to argue that in reality, save the usefulness in academia, th e so-called elevation of formal sources do not really exist in international law  [3]  as this would create a hierarchy which is not actually present. The Statute of the ICJ  [4]  constitutes a generally accepted list of the sources of international law ascribed to by the court  [5]  : 38 (1)The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; b. international custom, as evidence of a general practice accepted as law; c. the general principles of law recognized by civilized nations; d. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law. An article in the American Journal of International Law written by an eminent jurist In order to help the Chief Justice of Ruretania in the performance of the new role of ad hoc judge in a case before the International Court of Justice, we need to give guidance on how to assess and use the contents of an article published in the American Journal of International Law written by an eminent jurist, that was submitted by the parties as part of the materials to be used as part of the deliberations of the judges. Article 38 of the Statute of the International Court of Justice lists the traditional sources of International Law, which include the international conventions of a general or a particular nature that are recognised by the parties to the case, international custom that is evidenced by general use and acceptance at law, general principles of law as accepted by civilised nations and as subsidiary means to establish these rules of law, the judicial decisions and the teachings of the most highly qualified jurists of the various nations. At the time of drafting, the term convention was used to mean any sort of agreement, however with the passage of time this term was redefined to make a specific reference to multilateral treaties. Without any doubt these written, accepted and published agreements are the primary source of law-making at the international law level. The only situation where any other rule takes precedence over a treaty is where the rules forms part of the jus cogens doctrine. Jus cogens is a normative rule that is generally accepted by the majority of states and from which no other state can expect to be given a derogation. It is also argued that the international custom as evidence of a general practice that is accepted by law is of equal validity and importance to the contents of treaties as new customs may replace previously agreed treaties and new treaties replace older customs. Article 38(d) of the ICJ statute specifically states that judicial decisions and the teachings of the most highly qualified publicists of the various nations may be used as subsidiary sources and the court is entitled to refer to these publications. This is subject to the provisions of Article 59 of the same statute. Article 59 states that the decision of the International Court of Justice shall have no other bearing or binding force except on the parties of the case in question. However as part of the courts decision, reference to other judicial decisions and to previously published works of eminent writers may be made. The works of prominent jurists and scholars are accepted only as secondary or subsidiary sources of international law but can be considered to be an essential element in the development of the rules that are included treaties, custom and the general principles of the law. More recently, the acts or resolutions of the various international organizations are also being considered as secondary sources of international law. Draft articles prepared by the International Law Commission In 1946, the UN General Assembly passed a resolution to set up a committee of legal experts to pass on recommendations to the UN Secretary General on the ways the General Assembly could proceed in the development of codification of international law. This Commission recommended that the UN sets up a permanent Commission with the same task. Thus in 1947 the UN set up the International Law Commission which has as its objectives the codification of international law as well as solving international legal problems  [6]  . The International Law Commission prepares drafts, according to Section 20 of its Statute  [7]  , which are requested by the General Assembly or by government, by an inter-governmental organization or by a UN agency or on its own initiative. When the matter is brought to its attention by the General Assembly, one of its members sits with the Commission as a Special Rapporteur. In order to finalise a draft the Commission prepares a plan of work, receives written opinions and suggestions from the governments and then puts these together into a final draft. This final draft is submitted to the General Assembly for its final approval. B.G. Ramcharan  [8]  describes the International Law Commission as the vehicle for systematizing consolidating, up-dating, adapting, and expanding the law, and for giving an opportunity to the States [] to participate in this process. In The Work of the International Law Commission  [9]  any draft is given a dual aspect. On the one hand there is the codification of existing law as well as the formulation of what the Commission considered to be desirable developments in the field. How effective are draft articles for George? Although draft articles prepared by the International law Commission are a good indication of the general opinion on an issue in the international sphere (due to the opinions submitted by the States), these provisions are not binding. Therefore a provision in a Convention or a decision by the ICJ has more binding effect. In fact the 1952 draft convention on arbitral procedure, although it was described as unexceptionable and as perfect from a technical point of view, it still was not accepted as the basis of a convention as the members of the General Assembly saw it as over-ambitious  [10]  . Conventions concluded by the UN on the basis of drafts prepared by the ILC include the Vienna Convention on the Law of Treaties, Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations, Vienna Convention on Succession of States in respect of State Property, Archives and Debts and others. Drawing a comparison between the draft articles of one of the above and the actual Convention, one can easily see that most of the draft articles are adopted into the Convention word by word. I have carried out this exercise for the first twenty articles of the Vienna Convention on the Law of Treaties. In this comparison I have found that the substance of the articles has to a large extent been carried on into the Convention. Moreover the General Assembly introduced four other articles but removed only one whole article and two sub-articles. From this exercise I can conclude that the draft articles, before the Convention was enforced, were a very good indication of the opinio juris on the matter especially due to the fact that states give their opinion prior to the drawing up of a draft. Therefore my advice to George would be that when he has to decide on a specific matter, first he should look into written legal provisions especially Conventions which have the most binding effect. If his findings are lacking he ought to see if the ILC has drawn up draft articles on the matter (since these are a codification of the unwritten customary law). Otherwise George has to look at the other sources of international law such as court decisions and the opinion of publicists on the matter as laid down in Article 38 of the Statute of the International Court of Justice. A decision of the Supreme Court of one of the parties to the dispute As the name indicates, the Supreme Court is the most important organ of the judiciary of the nation. However, within the international sphere, this position is taken up by the International Court of Justice. This does not reduce the importance of the Supreme Court, but its authority is merely superseded by a more senior court, which regulates conduct between states. Nevertheless, there is a theoretical issue which divides this are into two schools of thought: dualism and monism. Dualist doctrine points to essential differences between international law and municipal law. This consists primarily in the fact that local legislation differs from international law in a fundamental way as international law regulates law between sovereign states whilst municipal law applies solely within a state and regulates the relationship between the citizens of a state and its executive.  [11]  This theory was espoused particularly by the German jurist Heinrich Triepel, who argued that in case of conflict between municipal and international law, a court would apply municipal law.  [12]   On the other hand, monism was espoused by jurists who believed in the supremacy of international law even within the municipal sphere. International law is seen as the best available moderator of human affairs, and a logical condition of the legal existence of states.  [13]   However, these theories were criticized on the basis that they hold conflicting views with the way that international courts ought to behave. Nevertheless, a state cannot refrain from its international obligations citing municipal law, as provided in Article 27 of the Vienna Convention which states that A party may not invoke the provisions of its internal law as justification for its failure to perform a treaty.  [14]   Municipal law is also relevant in international law as has been demonstrated in numerous cases. In fact, many instances in international law require concordance with municipal law to function correctly, such as in cases related to extradition and protection of human rights, as well as treaties. Municipal law is important to such an extent that it can be used to determine cases in international tribunals. In the Serbian Loans Case  [15]  , the Permanent Court considered whether it had jurisdiction under its statute in a case where the point at issue was a question which had to be decided by the application of municipal law. It concluded that the duty of the Court was to exercise jurisdiction when two states agree to have recourse to the Court. The Court weighted the case and decided to apply Serbian law in this case. The role of municipal law in international law was closely examined in the case concerning Certain German Interests in Polish Upper Silesia.  [16]  In this case, the Court observed that it was not called upon to interpret Polish law, but there was nothing to prevent the Court from judging whether Poland was acting in conformity with the Geneva Convention. Brownlie states that this statement indicates that municipal law can be considered as something which can create international responsibility. The general proposition is that international tribunals can take account of municipal laws only as facts to further discussion.  [17]   Brownlie also states that in the practice of the International Court and other international tribunals the concept of municipal law as mere facts had six distinct aspects  [18]  . These aspects are: Municipal law may be evidence of a violation of a rule of treaty or a customary law Judicial notice does not apply to matters of municipal law, as the international tribunal will require proof of the existence of municipal law In accordance with the Serbian Loans case, interpretation of municipal law by national courts is binding on an international tribunal Municipal law must be applicable to an extent within international tribunals International tribunals cannot declare the invalidity of municipal law and respect domestic jurisdiction International law may designate a system of domestic law as the applicable law  [19]   Thus, given that in some cases international courts may apply municipal law, George must not discard totally the decisions of the Supreme Court, but must use it in order to help him with the case he is assigned to. Nevertheless, international law still supersedes municipal law, as provided in Article 27 of the Vienna Convention. The United Nations General Assembly Resolution Hon. Chief Justice, in order to understand better what is a United Nations General Assembly resolution, it would be ideal to start by providing you with a short and background information on the General Assembly itself. The United Nations General Assembly is one of the five principal organs  [20]  of the United Nations and the only one in which all member nations have equal representation. This means, that since there are 192 member states in the United Nations, each and one of them is a member of the General Assembly. Each member of the General Assembly has one vote and important matters such as the elections of members, peace and security, budgets, and the suspension/discharging of members, is done by a two-thirds majority of those present and voting. Other recommendations which are considered to contain less weight, are decided by a majority voting. As stated in the official website of the UN, the General Assembly meets under its president or secretary general in regular yearly sessions, the main part of which lasts from September to December and resumed part from January until all issues are addressed (which often is just before the next sessions start). It can also meet for special and emergency issues. The Presidency rotates annually and the President is voted for by the same members of the United Nations. It is customary that the largest and most powerful countries, such as China, do not hold the presidency. On the other hand, countries such as Luxemburg and Switzerland, although small, had the presidency in the 1970s. It is therefore important to point out that even Malta held the Presidency back in the 1990, when the general assembly elected Dr. Guido De Marco as president of its forty-fifth session. Although the power of the President is limited, he may accomplish much through his personal influence and political adeptness.  [21]   The UN General Assembly Resolution The General Assembly votes on many resolutions brought forward by member states. It is interesting to appreciate that since 1945, at least 9229 resolutions spanning a vast and varied range of international issues have been adopted by the General Assembly.  [22]   Whilst this record of the General assemblys formal concern, considerations and expression of views is indeed impressive, the fact remains that, except for budget and membership questions, General Assembly resolutions are not legally binding on member states.  [23]   The legal competence of the General Assembly to consider legal matters flows from the UN Charter. Article 10 gives the General Assembly the authority to discuss and make recommendations on any matter within the scope of the Charter, either to the United Nations membership generally or to the Security Council in particular.  [24]   In addition, the charter imposes two major restrictions on the General Assemblys powers to discuss and make recommendations. The first is embodied in the principle set out in Article 2, paragraph 7 of the charter, which prohibits the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state and the second restriction is found in Article 12 of the Charter, which states that the General Assembly shall not make any recommendation while the Security Council is exercising its functions in respect to any international dispute. However, although this might suggest that the General Assembly has no powers at all, resolutions have frequently been the origin of multilateral treaties drafted and promulgated under UN auspices.  [25]  General Assembly declarations had sometimes evolved into conventions adopted by the international community. Prominent among these declarations are those dealing with the use of forces back in the 1960s.  [26]   Hon. Chief Justice, it is therefore important for you to know that back in the 1970s Malta was also involved in a very important resolution, embedding principles related to the seabed and its resources. In fact, it was Arvid Pardo, a Maltese diplomat, who initiated a fifteen year process which led to a near-unanimous passage of General Assembly Resolution 2749  [27]  . The principles brought forward in the resolution were later incorporated in the Law of the Sea Convention. This eventually proves that although resolutions are not binding, they may influence the nature and substance of international law in many ways and may also have legal force if they are regarded as statements of customary international law. The General Assembly thus is not a World legislature. It does not codify laws or norms even though they are adopted unanimously and without any formal opposition. General Assembly resolutions are merely recommendations however the General Assembly can function as an instrument to collect and shape up into tangible form the international communitys customary norms. State practice then becomes the main factor determining whether General Assembly resolutions give rise to new norms of international law or remain merely recommendations. Such new norms subsequently are codified into recognized principles of International Law through the promulgation of special conventions adopted by the General Assembly and approved by the required number of parties. A Treaty to Which only one of the parties to the dispute is a party A treaty is an international agreement concluded between states in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation  [28]  . They are generally held to be an ever-increasingly important source of international law and are a key towards the ends of developing a system of peaceful cooperation amongst states irrespective of their domestic legal particularities  [29]  . Since 1945, over 33,000 treaties have been deposited with the UN  [30]  . In Art.38(1)(a), the Statute of the International Court of Justice makes reference to international conventions establishing rules which are expressly recognised by the contesting states which may either be general or particular in their application. This article gives a very wide definition which seems to include not only bilateral and multilateral treaties but also any form of international agreement in any form. It often happens that the language of a treaty which is presented before the court as a document containing rules recognised by the states in dispute is not always manifestly clear and precise as to make it clear whether such treaty is actually applicable to the circumstances of the case. The court will proceed to interpret the instrument, therefore determining its scope and effect and applicability to the dispute in question. According to Art.36(2)(a) of the Statute of the ICJ, states may at any time and by common accord, recognise as compulsory the jurisdiction of the court in the resolution of several legal disputes which might arise between them, amongst these, the Statute mentions the interpretation of a treaty. In any case, the Vienna convention lays down that treaties must always be interpreted in good faith and in accordance with the ordinary meaning of the words contained within, given their context within the treaty  [31]  . The norm in public international law is that a treaty creates rights and obligations only between its parties, therefore third party states are not bound by any treaty which they have not individually entered into. This notion is best expressed by the maxim pacta tertiis nec nocent nec prosunt  [32]  . Art.34 of the Vienna Convention states that a treaty does not create either obligations or rights for a third state without its consent. This reasoning had already been confirmed in the earlier case dealing with the German Interests in Polish Upper Silesia  [33]  back in 1925. In this case, the PCIJ stated that a treaty only creates law as between states which are parties to it; in case of doubt, no rights can be deduced from it in favour of third states. There are however some slight exceptions to this otherwise general principle. A norm which was originally confined to a treaty between a limited number of states may eventually become part of international custom through state practice and therefore achieve general application  [34]  . The position at international laws appears to be clear enough in regard to cases where obligations are imposed on states which are merely third parties two treaties entered into by other states. The situation may tend to differ in cases which concern the granting of rights to third parties. The question is over when, if at all, such a right becomes complete and enforceable by the third party state. According to Brownlie and McNair amongst others, the general rule is that the third state only benefits in this sense if it expressly or implicitly assent to the creation of the right.  [35]  The corollary is that the third state may refuse the right either explicitly or else simply by failing to exercise the alleged right. On the other hand, if a third state has accepted a right, the right cannot be revoked by the actual parties to the treaty if it can be established that the right conferred was not originally intended to be revocable, save the third states freedom to consent to such revocation or limitation  [36]  . Strictly speaking, in the case brought before Judge George the matter of there being a treaty to which only litigant (A) is a party does not have a bearing on the relationship between states A and B in litigation since B is clearly a third party to the treaty and is therefore outside the scope of any rights or obligations created or conferred by the treaty provided that B had not consented to any obligations created by the treaty or else accepted any rights arising from the same. A statement by the foreign minister of one of the parties Parliamentary statements are one of the modes to detect a state practice and the position a state takes in the international plane. The foreign minister on a number of occasions may be asked to elucidate the states position on a particular issue of an international concern, thus parliamentary statements, can evoke a particular state practice. A state practice is a general practice which is normally accepted as law. The other limb is that this state practice must be accepted as law and this is what we call opinio juris sive necessitatis. This opinio juris sive necessitatis is what authors refer to as the psychological element of states, this is because the state practice has to be accompanied by the intent which represent why the state acts in that particular manner. This means that parliamentary statements and therefore ministers statements in the international court of justice reflects and determine the state practice and what its position is. The Position of the Minister in the ICJ Another important thing that we must notice is that the International Court of Justice deems the position of foreign Ministers to be of a very important nature. This is illustrated in Belgium VS Congo delivered by the International Court of Justice on 14th Febuary 2002 where it implied that customary international law grants to foreign ministers as long as they hold their office the advantage of absolute jurisdiction and inviolability. The reason behind this is for the international court of justice to ascertain performance of the very importatnt functions that foreign ministers excercise when they represent their states. This clearly points out that the international court of justice gives a lot of importance to the position of the foreign minister in the international court of justice but the question that arises is Does it give the same importance to their statements? One must begin by saying that for a statement of foreign minister to be accepted and taken into consideration it must be in accordance with international law. In fact a point that was revealed in Military and Paramilitary Activi

How to Babysit Four Kids :: Process Essays

How to Babysit Four Kids   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   My mom, who skillfully manages four children, works Tuesday evenings - she calls it time out. As I walked in the house on a recent Tuesday evening, I hear Meghan screaming. Tim is mercilessly teasing her by hiding her teddy bear.   Pat is hollering from the basement at Tim; and the phone is ringing.   The ringing stops, which means Maura got it.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   When Meghan hears me enter she runs crying "Tim's teasing me and I'm hungry."   I ask the kids, "Why didn't you feed her?"   Tim responds, "she didn't say she was hungry."   Pat runs up from the basement and reminds me I have to take him to guitar practice now or he'll be late.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Maura bounces down the steps, pokes her finger in my ribs and shouts, "I need help with my Algebra but give me the keys 'cause I have to run to school to get my history book and Mom says give Meghan a bath before you put her to bed and have the kitchen looking as nice as it did when she left, which was spotless."   I won't tell you how I reacted that evening.   As married-with-children typically means both partners are working, the need to cope with such situations has become a daily necessity.   For you fathers, who haven't acquired the natural mothering instincts, here are some pointers I've learned the hard way to ease the pressures of work and family: Don't think that by ignoring the family they'll go away.   If pressures at home build because of schedules, personalities, etc. deal with them.   Rather than react to events like I did, create the action.   Be prepared for those evenings or weekends when you're the only cook, cleaner and ente rtainer.   On my fateful Tuesday, I should have phoned home before leaving work to discuss plans for the evening. Plan family schedules in advance.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Have a large calendar hung prominently in the busiest room in the house and preferably near a phone.  Ã‚   Schedule activities immediately on the calendar.   My mom has informed me of major family plans while I was watching Pitt play on TV.   Because I didn't tune into the discussion, when the time came for me to be at whatever event she was talking about at the right time and place, and with the right kid it didn't happen. Have a few tricks up your sleeve.

Awarding Six Medals to the Three Released POW S :: Free Essay Writer

Awarding Six Medals to the Three Released POWS The military has lost its mind by awarding six medals to the three released P.O.W.s. I do not mean to rag on the three troops -- although one did write a "Thank You" note to his prison guards for his swell Motel 6 treatment, but more to the point is the damage such giveaway policies do to our military awards programs. Remember what Napoleon said about awards: "Give me enough ribbon and I will conquer the world." So that all of you have a complete list of the awards the three "heroes" got, I will list them for you: Purple Heart Army Commendation Medal P.O.W. Medal Armed Forces Medal United Nations Medal NATO Medal The Purple Heart is awarded for wounds suffered while in armed combat with an opposing force, for wounds received while in combat "operations" in a combat zone or for wounds received from terrorist acts while in the military. It is also awarded to the next of kin when someone is KIA or dies as the result of wounds received. How can the Pentagon give out Purple Hearts for injuries received that are no worse than those received in a H.S. football game? Yes, they were soldiers; yes, they were on a mission and yes, they were "treated roughly" -- broken noses, cracked ribs, chipped teeth, cuts and abrasions. Is the Army telling me that the same award for being killed, maimed or shot-up in a firefight is the same award for taking a fist to the chops -- "treated roughly"? I propose a new award -- the "Black & Blue Device." It would resemble the old W.W.II ruptured duck or just be a plain Red Cross on a white background the International Sign for First Aid. And by the way, it was the President himself who referred to them as detainees and stated that they "weren't in a war zone." Now they're hailed as conquering heroes and given combat awards for sterling performance in a war zone.

Death and Reality in Where Are You Going, Where Have You Been? by Joyce Carol Oates :: Where Are You Going Where Have You Been

Death and Reality in "Where Are You Going, Where Have You Been?" by Joyce Carol Oates      Ã‚  Ã‚   Joyce Carol Oates' "Where Are You Going, Where Have You Been?" is about a young girl's struggle to escape reality while defying authority and portraying herself as a beauty queen; ultimately, she is forced back to reality when confronted by a man who symbolizes her demise. The young girl, Connie, is hell- bent on not becoming like her mother or sister. She feels she is above them because she is prettier. She wants to live in a "dream world" where she listens to music all day and lives with Prince Charming. She does not encounter Prince Charming but is visited by someone, Arnold Friend, who embodies the soul of something evil. Arnold Friend symbolizes "Death" in that he is going to take Connie away from the world she once knew. Even if she is not dead, she will never be the same person again, and will be dead in spirit. With the incorporation of irony, Oates illustrates how Connie's self-infatuation, her sole reason for living, is the reason she is faced with such a terrible situation possibly ending her life. Connie is only concerned about her physical appearance. She can be described as being narcissistic because "she had a quick, nervous giggling habit of craning her neck to glance into mirror or checking other people's faces to make sure her own was all right" (Oates 148). Connie wants her life to be different from everyone else's in her family. She thinks because she is prettier, she is entitled to much more. She wants to live the "perfect life" in which she finds the right boy, marries him, and lives happily ever after. This expectation is nothing less than impossible because she has not experienced love or anything like it. She has only been subjected to a fantasy world where everything is seemingly perfect. This is illustrated in the story when Connie is thinking about her previous encounters with boys: "Connie sat with her eyes closed in the sun, dreaming and dazed with the warmth about her as if this were a kind of love, the caresses of love, and her mind slipped over onto thoughts of the boy she had been with the night before and how nice he had been, how gentle, the way it was in movies and promised in songs" (151).

Economic And Social Changes In Post 1960 Essay

This report is aimed at addressing recent economic events and economic reports. First is analysis of problems of unemployment rate, changes in general price level, total output of goods and services and the ways in which the government raises and spends money. Other areas to be reviewed include examining the relationships between economic variables such as output, employment, interests, money and prices. This is the key variables that determine macro-economic activities and the level of national income in an economy. It therefore analyses the performance of the economy as a whole. Goals of Macro-Economic Policy: The major aims of macro-economic policy in relation to the recent economic events are as shown below. (1)It aims at full employment level in the economy: Full employment is favorable in an economy because the greater the level of unemployment the greater the goods and services in an economy. When more goods and services are produced in an economy more sales are made. The more the sales are made. The more the sales made the profits also made by a company also increase. Therefore to improve and increase profits made by companies there should be full employment level in an economy. Also the burden of unemployment and loss of goods and services is not desirable in an economy. (2)Price stability: In consideration to the recent economic events inflation should be avoided at all costs such that prices remain stable and predictable offer time. And this is advocated since inflation adversely affects a number of businesses and individual purchasing decisions. (3)Economic growth: Takes place when the real output increases more rapidly than the increase in population. In developed countries production is higher than the increase in population growth. With economic growth the society has more goods and services at its disposal and correspondingly high standard of living. (4) External balances: If a country has a favorable balance of payment its foreign exchange results will increase and therefore it can import much needed capital for investment. Unfavorable balance of payment will lead to reduced flow of foreign exchange to finance the trade deficit. Most developing countries have unfavorable balance of payment. This has lead to poor growth of their economies. Unlike in developed countries that have a favorable balance of payment. Hence they earn more foreign exchange. This makes developed countries to import needed capital for investments. National income accounting National income accounting is an accounting framework used in measuring current economic activities of all countries in the world. They use or apply national income accounts as their standard measure. The national income accounts are based on the idea that the amount of economic activity that occurs that occur during a period of time can be measured in terms of the following. (1) Output produced, excluding output used up in intermediate stage of production. If a country produces more goods and services per year then its economy will be improved. If the GDP (gross domestic product) is high it means that the country has produced more goods and services within that year hence promoting the economy of the country. (2) Income approach: In terms of income received by the producers output Inflation Inflation refers to persistent increase in the general price level over time. By analyzing the recent economic events inflation has got a number of effects to an economy. The following are the effects of inflation. Due to inflation income and wealth are redistributed arbitrarily, for inflation. Imposes a tax on those who hold money as opposed to those who holding real assets. Inflation reduces the standard of living of persons dependent on fixed incomes, for example pensioners. It benefits debtors and penalizes lenders. Due to inflation banks charge higher interest rates. Due to inflation interest rates rise, both because people require a higher reward for lending money which is falling in value and also because the government is forced to take ant inflationary measures. Investment is discouraged by government ant-inflation policy . because of inflation the prices of goods go high compared to the wages people are getting. Savings is discouraged by high level of inflation in our economies things are likely to cost more if bought later. Hence people will spend money to buy goods and stock them . this discourages savings. Inflation encourages speculation by the purchase of really assets by borrowing later than investment by the use of resources in production. Indeed inflation discourages investment in long-term projects because possible government anti-inflation policies are difficult to forecast. Because of inflation inefficiency is encouraged because a buoyant seller market blunts competition as higher prices obtained for their products allow even inefficient firms to survive. Inflation does not promote health promotion. Good and efficient firms lack market while inefficient firms gain market. Inflation generates industrial and social unrest since there is competition of higher incomes. Thus because of rising prices, trade unions ask for annual wages rise. Often demands exceed the rate of inflation anticipating future rise or seeking a larger shares of the national cake to improve their members’ real standard of living. Those with the most muscle gain at the expense of the weaker groups. Due to inflation employees in companies will strike in demand for high wages. This will force the companies to deploy its employees due to industrial unrests. By deploying a few workers the remaining once will then demand for higher wages. This situation will affect the operations of a company. If also the company reduces the number of its employees fewer products will be produced. If production is low fewer sales will be made also affecting the smooth running of the company. Additional administrative costs are incurred in offsetting go-slow and work to rule disruptions, allowing for inflation in negotiating contracts and wage rates, revising price lists and labels. High administrative costs arise due to inflation. Due to inflation companies may change their suppliers this means that new contracts should be made. To sign a new contract with a new company takes some time; this will affect the progress of a company. Due to inflation also prices of products change. Time is taken at preparation of new price lists and price labels. The rate of inflation tends to increase largely because high wage settlements in anticipation of higher future prices help to bring about the very rise which people fear. Since people are demanding for high wages then the rate of inflation increases this leads to an increase in the price of goods. External effects of inflation Inflation can create serious difficulties for a country that depends on international trade. These difficulties include: Exports tend to decline because they are relatively dealer in foreign market. Inflation increases the prices of products produced. This high prices discourse exports. Imports tend to decline because foreign goods are relatively cheap compared to Kenyan goods. Because of high prices of locally produced goods imports become discouraged. Higher money incomes in the economy increase the demand for imports and tend to decrease exports because of buoyant home market makes it less vital for manufactures to seek outlets abroad for their goods. An outward movement of capital may take place if price rise continues. Since foreign trades and financiers lose confidence in the shilling maintaining its current rate of exchange. Due to high levels of inflation, prices of goods will keep on growing this will eventually lead to investors losing confidence in a country hence they will not continue investing there. Money will not be invested in that country. It will lead to saving in other countries with stronger economies. Microeconomics Analysis on recent economic event under microeconomics Scarcity: Due to the drought that is already affecting people many products are know scarce. For example due to lack of rain milk is now scarce hence the price of milk has gone very high. Due to the since there is high demand for milk and less is readily available at the market the price of milk keeps on increasing. Since milk is not available in the market it means that it’s limited in supply. Scarcity is a relative term and it means less than requirements. Scarcity of resources is the main economic problem because all the abilities within our disposal like time, wealth and money are all scarce. A commodity is considered scarce when it is limited in supply. And because of scarcity of resources human beings can not be satisfied. Theory of demand and supply in microeconomics: In the country presently there is a shortage of maize. Due to the shortage of maize in the country the price flour has almost doubled. Demand theory plays a crucial role in business decision making. Business executives have to take decisions such as what to produce and how much to produce . However production managers will seek information regarding the commodity its respective quantities demanded by the consumers at different prices. There has been a shortage of bread in the country. The main factors that led to the shortage of bread are: Cost of production: It is likely possible that the cost of production of bread was high, relative to the price hence few types of bread were being produced. When the cost of production of a product is higher than its relative price less of that product is produced or so firms end up closing their businesses due to the high cost involved in production. The production method: Prices of the inputs such as labor, energy or machinery: The price of bread was high for example due to the inflation rate of the country. Due to inflation labor charges go high also affecting the price of bread. Some factors affect the demand of bread in the market. Such factors include: The level of income of people: This is a key determinant. It states that as people’s income rise individuals will tend to buy more of market products. Size of Market: The size of the market may be measured by the population. A larger population implies a bigger demand of goods and services. Price of related goods; changes in the price of substitutes will lead to a decrease or increase in the demand for the product. Anticipated price rises; If the government changes the tax rates, then there will be anticipation of price increases. This will lead to an increase in demand for the product in the short run. Increase in information technology; The availability of broadband services to homes and offices has led to an increase in demand for products because shopping has become interesting. Nowadays in the world, every home is intending to have an internet connection which is in essence increasing the demand for products and have a wide variety to choose from. Taste or preference; Special influence. These are seasonal demands, festivals or feasibilities and demonstration effects. Market structures Perfect competitive market structures: In perfect in a competitive market structure no individual seller can influence the price of the commodity, Perfect competitive is that situation of the market when there is large no of buyers and sellers, and there is no individual who dictates the price or the level output. Its therefore clear that one price of one commodity prevails in such a market. Further its noted that in such a market average revenue and marginal revenue bath will remain constant under the perfect competition however the concept of cost is significant under this markets. The cost that are usually involved include total cost average fixed costs and marginal cost. Monopoly and monopolistic market: Monopoly is that market structure in which a single producer controls the whole supply of a single commodity which has no close single substitute. In case of monopoly the following conditions must apply: (1) There must be one producer or one seller; That single producer may be an individual owner or a group of partners. (2) The commodity produced by the producer must have no close substitute. For example considering the current shortage of tomatoes in our county. Only one group of people are producing the tomatoes hence its price can only be controlled by this group of people country wide. REFERENCES Anonymous. A Not So Great 2008: Emerging Trends Report. National Real Estate Investor (Online Exclusive), (Oct 17, 2007). Baumol W, (1992); Economics principles & policies; Australia, edn, Harcourt Brace Jovanovich BLIX, Marten, 1995,† Underlying Inflation- A Common Trends Approach,† Bank of Sweden Working Paper No. 23 Elkington J. (2001); The Chrysalis Economy, Capstone, oxford. Hahn, E, â€Å"Core Inflation in the Euro Area: An Application of the Generalized Dynamic Factor Model,† Center for financial Studies Working Paper No. 2002/11 (Frankfurt Center for Financial Studies) McTaggart D Finlay C & Parkin M (2003); Economics, Pearson education Australia Waud R (1997); Macroeconomics; Pearson, Longman.

Kingfisher

Visa Malay inducted professional management and implement different methods and theories to develop the company to globalize the company. Since then Kingfisher has gone on to become the undisputed ‘king' in the Indian beer market. Kingfisher today has impressive spread of manufacturing facilities throughout the whole country. Quality and hygiene are the key elements for its marketing philosophy success. Its flagship brand ‘Kingfisher', has achieved international recognition consistently, and has won many awards in International Beer Festivals. KingfisherPremium Lager beer is currently available in 52 countries and leads the way amongst Indian beers in the International market. It has been ranked amongst the top 10 fastest growing brands in the I-J. Today each one of the 32,000 Beer outlets in India sells one brand or the other from United Breweries. United Breweries limited has a 48% share in the Indian beer market. S. W. O. T (Strength, Weaknesses, Opportunities and Thre ats) Analysis A SOOT analysis is a structured approach to evaluating the strategic position of a business by identifying its strengths, weaknesses, opportunities and threats.It provides a simple method of synthesizing the results of the marketing audit. Strength Kingfisher is a true global Indian icon and is also known today as a premium worldwide brand. It has the strongest worldwide distribution system and is available in 52 countries worldwide. It is a worldwide known brand with sponsorship in Formulae, Indian Premier League and title sponsors of England and Wales Cricket Board's National Championship knock out competition due to this it has excellent brand visibility. It also has huge financial backing from PUB Group. WeaknessKingfisher usually focuses on strong beer market as it is mostly favored in India but not in other countries and thus market growth is slow. Due to the current high demand and worldwide distribution system many opportunities are lost as there is less availa bility. Opportunity Due to the current trend of beer among the young people Kingfisher has a lot of benefit by global market expansion. The changing culture and lifestyle of Indian people has also increased the beer consumption. Threats The alcohol industry is highly taxed and has certain regulations thus has a lot of impact on Kingfisher.Advertising for alcohol has been banned in India as it is considered to be a taboo. Negative perceptions about alcoholic beverages are widely common. Kingfisher faces huge competition from international companies like Heinlein, Scrabbles and Budweiser. P. E. S. T. L. E Analysts 2 PESTLE stands for political, economic, social, technological, legal and environmental. PESTLE analysis is a process, to help understand the overall market environment for a particular industry, business, product, or project. It is often a key part of strategic marketing and business planning.PESTLE allows an organization to go in depth into heir current status and weakness es. Political factors:- Minimum drinking age The minimum drinking age in India is 21 years whereas in European countries is 18 thus minimum drinking age affects the alcohol business in an important way. People below the permitted age cannot consume alcohol even if they want to. Kingfisher beer is adversely affected in terms of sales. Banned advertisements India is a youth country thus advertising of alcohol products has been a subject of continuous debate between the government, the alcohol industry, health groups, policy makers and the public.Advertising in alcohol industry is done for brand choice and also it is a fair tool but banning advertising reduces market entry of new firms and thus also reduces awareness among the consumers about the product. Economic factors:- Taxation and Policies India has a very large youth population and strong beer is mostly favored but still growth of beer has some restrictions and complications which are in the form of taxes and policies implemente d by the state governments.Taxes and policies are different from state to state and some states do not allow alcoholic products brewed and manufactured from other states. The highest taxes are mostly levied by northern states such as Attar Pradesh, Punjab, Maharajah's and Delhi. All of this has a great impact on the sales of United Breweries and other brands but there are also many obstacles such as the government has banned the advertisements of any sorts for alcoholic products. Economic growth and per capita income With more than 60% of Indians younger than age 25 consumption of alcohol is likely to increase in the coming years.Due to continuous growth rate and growing economy people are getting richer day by day and also are their preferences as more people re drinking beers and spirits which is a very good sign for the growing alcohol industry. With the growing middle class and modern retail formats, taxation policies adopted by the state governments will act in favor of the gro wing beer industry in the coming future which will help united breweries and other brands in achieving their desired goals. Socio-cultural factors:- Cultural restriction India is a country with many religions and some of the religions prohibit drinking alcohol.This has a huge impact on the sales of alcohol brands. Violence through alcohol There is strong association between violence and drinking. Violent behavior is occurred in all communities it is caused mainly due to over consumption of alcohol. Alcohol abuse and violence is caused mainly due to poor parental modeling and mental stress. Drunken driving cases are some of the main causes of highway accidents. But through proper social norms and public education, violence and alcohol abuse can be tackled. Individual factors also play a very important role.Population India is the second largest country in terms of population and PUB group has a unique rand name thus people tend to consume their products. PUB group has a 48% share in the beer market that's why it is known as the king of beer market in India. Technological factors:- Scientific studies In a recent scientific research it has been confirmed that people who drink moderately have a lower risk of premature death as compared to people who do not drink at all. Consumption of alcohol moderately leads to a reduced risk of cardiovascular diseases and obesity whereas people who drink in excess have a negative impact on their health. Distillery effluent treatment Compared to western countries where concentration of spent wash and its usage as an animal additive is a common practice, this process is not followed in India because Indian spent wash contains a higher level of inorganic substances which are found to produce a laxative effect if the consumption of feed is not monitored. Environmental factors:- Pollution A lot of water pollution is caused when the beer is made, the manufacturing of beer consists of three processes namely preparation of malt, beer wo rth and fermentation.These processes involve a lot of rinsing and cleaning as beer is made of barley and alt is prepared from it for brewing. The wastewater contains a lot of solids, detergents, soluble and insoluble organic materials. The wastewater is almost three times more concentrated than sewage but there are no toxic contaminants and most of the water is biodegradable. To meet the quality of discharge standards anaerobic biological treatment is done so that the organic concentration of wastewater is reduced.Legal environment:- Age factor In most European countries the age of drinking is 18 but in India where people are allowed to vote at this age are not permitted to drink. In India the alcohol consumption is allowed after 21 years but in some states it is 25. Despite the number of people who are below the ages of 25 years the beer industry has a huge potential if the current drinking age is lowered. Alcohol is considered a taboo in India as the culture and traditions are dif ferent than that of western countries. 5 Market Analysis:- The beer industry is still growing in India and it is estimated to be over 30 billion (in rupees).Overall annual consumption of beer is around 23000 million elites (fugues of 2011) the beer industry is growing at a yearly rate of 7% to 9%. The major players of beer industry are Gabrielle and United Breweries. The beer industry is likely to face more competition from foreign brands such as Scrabbles, Heinlein, Budweiser and Corona. Beer markets like USA and Europe have seen a flat growth whereas consumption in the Indian market has increased tremendously. In India beer sales have seen a rapid increase as compared to other alcoholic drinks.International beer companies like Budweiser, Scrabbles and Heinlein are well established in western countries but are still facing tough competition from Kingfisher which is the king in he beer industry of India with a 48% share. With more than 80% of market controlled by united breweries an d Gabrielle, foreign brands are yet to find their feet on the ground. Kingfisher posted a profit before tax of RSI. 1475 million in the first quarter of this year ending on 30th June 2012. Strong beer continued to dominate with a growth of 23% in sales volume.Intensity of rivalry The intensity of rivalry competitors is quite moderate as in case there is quite a rise in regulatory and legal burdens, manufacturers get together so that competition between them is lowered as they have to ensure their profit. Threat of new competitors The Indian beer industry is currently growing thus it is attractive for new players but with the dominant force of United breweries and Gabrielle already established it has been very difficult for foreign brewers to expand and overthrow Kingfisher which is currently leading in beer consumption.Threat of substitute Brands like Kingfisher face further competition from substitutes like wine, vodka and whiskey, which are mostly favored in India as beer industry is still developing, it still has to get a bigger consumer base which spirits do have but due to the changing rend and growing Indian youth population beer industry best is yet to come.Suppliers bargaining power Barley which is the most important product for brewing is quite cheaper and available in plenty and other inputs used to brew are also cheaper as there is a huge number of suppliers thus suppliers have less bargaining power. 6 Customers bargaining power It has been seen that customers are more powerful when their purchases form a large portion of seller's sales but if there are less number of players in the market people don't look at the quality but the product and thus they have less control over rice.Classification of beer Lager Ale Stout Creamy Ale Malt Plainer Porter Age Kingfisher mild For young people Just for fun People who drink for the first time mainly for experience Kingfisher strong People who drink regularly Those who want beer to be stronger mostly favored by people 25 and above ‘THE KING OF GOOD TIMES' As the punch line suggests Kingfisher has positioned its brand for people who want to socialize, party or have fun. 7 Customer Analysis:- The beer industry in India has a wide consumer base and people rink alcoholic beverages mostly for celebrating an event or socializing.Unlike western countries people in India are allowed to consume alcohol after the age of 21 in most states and spirits are given more preference. United breweries have a strong base in spirit and beer industries. Kingfisher is at the top of the list in consumption of beer. Consumer behavior India is a developing country with a large population of middle-class people thus people tend to consume beer occasionally. Whiskey, vodka and wine were given more preference but the beer industry is yet to reach its potential and is growing at a very cast rate.Products like Kingfisher and Harvard's 5000 have shown excellent progress so far as they are already established in th e beer industry. International brands like Budweiser, Heinlein and Scrabbles are still struggling to establish their brand among the people as they are expensive than Kingfisher and Harvard's products, this is mainly due to taxes and regulations by the state governments which usually are hard on alcoholic companies. In a recent survey it was shown that one in three beers drunk in India were of Kingfisher's. Consumers always prefer the cheapest product ND good value which Kingfisher effectively delivers.Recommendations:- Kingfisher is famous for its marketing and sponsorships in major sporting events and spends a lot of money on it per year. It should concentrate on innovation and development of new products which will help it increase its brand value in other western countries where there is even a larger market for its product and there are no restrictions on advertising. Retailing its beers with more number of large departmental stores. Advertising its brand ‘Kingfisher' by entering into different industries like water, soda of which advertising is allowed. This will lead to more brand awareness.Developing innovative and new packaging for its beer. It should concentrate on innovation of a new product which has elements of a spirit and a beer. 8 Conclusion:- Kingfisher has a huge potential of expanding the beer market in India as the per capita income of the people is rising and so is the consumption. Kingfisher also has a kind of monopoly over other brands as it is already well established and sells its product at a cheaper rate than the new competitors entering the Indian beer industry. The negative perceptions about alcohol consumption have gone down and he beer industry will definitely show a lot of growth in the coming years.