Thursday, November 28, 2019

Blood And Belonging Essay Research Paper Politics free essay sample

Blood And Belonging Essay, Research Paper Politicss of Western EuropeNovember 17, 1994Politics of Western EuropeBLOOD AND BELONGINGThis is a review of the book, Blood and Belonging, by MichaelIgnatieff. This paper will explicate the topic of the book and itsrelevance, discuss Michael Ignatieff # 8217 ; s methods and decisions on thesubject and eventually include a personal review of the book by theauthor of this paper.The writer of the book travels on what he footings # 8220 ; the sixjourneys. # 8221 ; On these # 8220 ; journeys # 8221 ; he encounters different civilizations, as he travels to six different co-occuring countries of the universe. He examinesthe alone look of patriotism that each public displays byinterviewing assorted members of that peculiar society. The six areasthat he travels to are specifically chosen for the lucidity whichnationalism is expressed in society. Patriotism is a factorcontributing toward both present possible hereafter instability in theseareas. These countries are former Yugoslavia ( sp ecifically Croatia andSerbia ) , Germany, Ukraine, Quebec, Kurdistan and Northern Ireland. We will write a custom essay sample on Blood And Belonging Essay Research Paper Politics or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Harmonizing to Ignatieff, in Croatia and Serbia there is a desire for aseparate individuality between the two states. The fright of losing one # 8217 ; snational individuality has caused cultural hatred. A panic so strong andhistorically relentless, it has driven people to a despairing province todo anything. This is a big subscriber to the grounds for the extremeviolence nowadays at that place today. The writer provinces, # 8220 ; A Croat, therefore, issomeone who is non a Serb. A Serb is person who is non a Croat. # 8221 ; This citation deeply expresses the short-sighted outlook presentin their struggle. In his travels in Germany, the writer points out an importantquestion. Does the state make the province, or the province the state? This inquiry by far does non halt here, particularly when Germany is thesubject. The kernel of the German people is seen by some as aggressiveand offense, therefore the being of the German job. If the nationmakes the province so Germany will ever b e a menace. If the statemakes the state, so the aggressive nature of the German state, whichlead the universe into two planetary wars, can be harnessed and redirected. The inquiry has its roots and replies in the recent reunion ofGermany. The Ukraine is concerned with non being Russian. It is hereIgnatieff receives a complete vision of what patriotism is. He states, # 8221 ; I understand what patriotism truly is: the dream that a whole nationcould be like a fold ; singing the same anthem, listening to thesame Gospel, sharing the same emotions, linked non merely to each otherbut to the dead buried beneath their feet. # 8221 ; Quebec is a theoretical account that presents a possible hereafter of the statesystem. Ignatieff uses the illustration of Quebec to exemplify therelationship between patriotism and federalism. He implies that # 8220 ; iffederalism fails in Canada it can neglect anywhere. # 8221 ; If the balancebetween # 8220 ; cultural and civil rules # 8221 ; is non maint ained in Canada, whois non an destitute state and has a big, successful economic system ; thenperhaps the modern universe has non transcended the appreciation of patriotism. The Kurds represent a state without a province, who findthemselves surrounded by other states who are more aggressivenationalists. The term Kurdistan is a definition of the countries used byIgnatieff to explicate the country of major Kurdish public concentration. There is no existent boundary lines, no flag, no authorities and Kurds mustacknowledge the province in which they reside ( i.e. , # 8211 ; Syria, Turkey, Iranand Iraq ) , of which, is non Kurdistan. Finally, the 6th journey ends in Northern Ireland. He makesthe observation that this is the ideal topographic point to reason his undertaking. Northern Ireland contains a return of the subjects that seemed soprevalent in the other journeys. In Ireland ethnicity, faith andpolitics are all edge into one look or individuality. These are alsoevident in the five old surveies. Is Michael Ignatieff # 8217 ; s work relevant? The reply to thisquestion is, yes it is. The issue is of import. Patriotism presentsitself as a phenomenon. The inquiries of why people need to retain acultural individuality and the manner they go about continuing it is stillunanswerable. Evermore unfathomable is the force permeated throughnationalistic looks, which are # 8220 ; necessary # 8221 ; by the partiesinvolved. The really being of the mystery created by nationalismdictates the demand to research the topic in more deepness. The state of affairss in the book are non stray events. Nationalismexists in every province all over the universe. There is a dichotomypresented by Ignatieff between patriotism and federalism. He explainsthe political philosophy of patriotism by saying # 8220 ; ( 1 ) that the universe # 8217 ; speoples are divided into states, ( 2 ) that these states should hold theright of self-government, and ( 3 ) that the full self-determinationrequi res statehood. # 8221 ; Federalism, though non a peculiar political orientation, is ameans of sharing political power among different peoples within a province. The assorted systems of authorities which autumn under the definition offederalism are non debatable to the people ; unless, of class, theyare non wholly legitimate. If the authorities is illicit, thenideally nationalism stairss in to demand a wholly self-determinedgovernment, which renders proper representation to its public. Despite the diverseness of a province # 8217 ; s population, theoretically, harmoniousness is maintained since the people are decently represented or controlled. This state of affairs with fluctuation is experienced through out the world. States are dynamic, also their government and populace. If the dynamicsof the government or the state do not keep up with the pace of change inthe populace, then instability will rise in the name of nationalism andshake the very foundation of the state if left unchecked or notplacated. The method used by the author of the book was personalinterviews with both prominent people and the normal everyday person inthe areas visited. He also uses descriptions on the surrounding areasto accent the point of discussion. His intent was to objectively takethe reader on a stroll through the areas he visited. Through his styleof writing, he allows the reader to sit in on his interview byhighlighting specific questions and the responses that take place in hisconversations. Finally, he creates visual images that he had viewed asironic and analogical in support of his observations. Ignatieff comes to the conclusion that nationalism is not theproblem of this world. Continuing, he goes on to say that when oneloses their individuality to become a â€Å"patriot,† that is where thedanger lies. Being yourself is something that ethnic nationalism doesnot allow. Political ideologies can become blinding to its possessors. At the beginning of the book mentions that he is a liberal. Thetraveling and experiences did not change that at all. He notes theimportance of â€Å"liberal virtues – tolerance, compromise, reason,† butconcludes in an observation about how these virtues are opposing humannature. Ignatieff addresses the violence factor that surroundsnationalism like a plague, concluding that, nationalist rhetoric is anexcuse to commit acts of violence. He observed that most of theviolence is performed by young men between the ages of 18 to 25. Hisexplanation is that the liberal mind set forgets that not everyone hatesviolence. He also says that there exists in males a basic loathing ofpeace. Human nature is the reason for the violence or Ignatieff t hinksthat it is specifically male human nature. I personally enjoyed the book and found it to be interestingreading. It had the aspect of a novel without losing its academicnature. Michael Ignatieff’s writing style was creative and supportedhis observations well. He portrayed the destruction that he found inhis journeys in a way that allowed the reader to experience the samedespair and hopelessness of seeing it first hand. Another interesting perspective that the author added to thebook was his own identity. He traveled to places that he had eitherlived at or where his family originally came from. His family rootsadd a personal touch that would otherwise have been left out. Religion and its role in society are important concerningnationalism. It is in this author’s opinion that religions not beviewed as a secondary facet to nationalism. The Islamic uprisings inFrance and the peace talks in southwest Asia between Israel and Syriaare two different perspectives to the arg ument. Claude Barreau, advisorto the minister of interior in France says, â€Å"Foreigners arriving inFrance . . . now have a new fatherland. Islam has a place in France,provided it is willing to stay discreet as the other religions. ButIslamist are coming as colonisers.† This illustrates an underlyingprincipal that splits Europe down the middle. France is arepresentation of Europe according to the late Charles De Gaulle. France has adopted internal policies to control the growth of Islam bylimiting both social expressions of that faith and by specificimmigration procedures. Are not the three million plus population ofMoslems in France entitled to nationalistic expression of their identityas French Muslims? Where does that leave the Bosnian Muslims, theTurks or any other non Christian state located near or inside Europe?The second point deals with Israel and Syria. The two countrieshave been at odds with each other since 1947 when Israel was recognizedas a state. The main rea son for the clash is the difference ofreligion, not national identity. However, both countries have evolvedsince their beginnings and have strong nationalistic tendencies. Bothcountries are now leaning toward compromise rather than a holy war. Asthe talks continue for the return of the Golan Heights to Lebanon theMoslem Jew factor still remains tense. Of the recent peace talks is thestrip of land called the Golan Heights in north of Israel. Avoiding anattempt to explain an extremely complex situation or to oversimplify thematter, it is a fact that many heads of state in the region are choosingpolitical solutions to old religious problems. However, the foundationsof their society are religions, to be specific Islam and Judism. Thisreligious factor will never cease and always cause instability in theregion because of fundmentalism present on both sides.In conclusion, the subject of the book, Blood and Belonging,has been discussed. The relevance of the book’s theme was examined along with the authors methods and style of writing. This critique alsoaddressed the conclusions drawn by Michael Ignatieff concerningnationalism and its expressions in the world. Perhaps the world willallways have to deal with the dichotomy dicussed in this paper, howeverone can only hope that a long lasting solution will be found. BIBLIOGRAPHY1. Ignatieff, Michael Blood and Belonging: Journeys into the NewNationalism. New York, NY: Farrar, Straus and Giroux, 1993. 2. â€Å"It Depends on Rabin.† The Economist, 24th-30th September, 1994, pp.42-43. 3. â€Å"Secularity Defied.† The Economist, 8th-14th October, 1994, p.53.

Monday, November 25, 2019

Professional Regulations and Criminal Liabilities Essay Example

Professional Regulations and Criminal Liabilities Essay Example Professional Regulations and Criminal Liabilities Paper Professional Regulations and Criminal Liabilities Paper Professional Regulations and Criminal Liabilities Pearl Street HCS/430 Joann Wilcox February 13, 2011 Consumer concerns have increased over the past few years because of the dramatic changes in health care information and its’ delivery (Benfield, Ashkanazi, Rozensky 2006). Each day patients put their physical health and trust in the hands of health care providers. Unfortunately, there have been times when the treatment provided, whether accidental or intentional, has caused harm to the patient. Patients who have experienced injury have the right to lodge a complaint against that provider. Included in the possible reasons for civil complaints is the sharing of personal information, negligence, or assault. These injuries are considered civil wrongs and are covered under Tort Law. In recent years, with the advances in technology, patient privacy has become imperative. In order to protect patient privacy the Health Insurance Portability and Accountability Act of 1996 was enacted, and is part of the Department of Health and Human Services, regulated by the Office of Civil Rights. Health care providers must take care to protect the privacy of their patients at all times. HIPAA regulations provide a guideline to help protect not only the patient, but also employees, from divulgence of their personal information to non-involved third parties. Providers of health care should be acquainted with the rules and regulations that guide HIPAA and the subsequent violations. Information is necessary to provide adequate and correct patient care. The guidelines to protect patient privacy should be followed but are open for interpretation. Providers should be steered by professional principals and ethics (Lo, Dornbrand, Dubler 2005). Health care providers must understand the difference between privacy and confidentiality. Privacy is the right of individuals to keep personal information restricted. Patients decide who has access to their information. Confidentiality is how medical personnel deal with information once it has been disclosed. Patients’ believe that their health care providers will protect their privacy and use any personal information in an ethical manner (Ives, E, Millar, S. 2005). When providers of care breach that trust, atients may take action in the form of a formal complaint to the Department of Health and Human Services. When patients discover that their personal information has been unnecessarily shared, they may file a complaint against the physician, staff, or facility. To file a complaint, patients must follow the guidelines set by the local, state, or federal government. The process for a civil complaint to HIPAA begins with a written complaint, and can be in the form of a letter, fax or e-mail. Letters sent via mail or fax must be sent to the Office of Civil Rights regional offices. According to the Health and Human Services Department this form must include the name of the health care provider or facility, a description of the violation and be submitted in a timely manner, usually but not limited to 180 days. Supporting documentation, such as notarized witness statements should be included. The claim is then reviewed and a decision made whether the health care provider has violated the patients’ privacy. There are both civil and criminal penalties associated with disclosure of patient information. The Office for Civil Rights (OCR), a division of the Department of Health and Human Services, is responsible for investigating claims of privacy violations. According to the OCR, the guidelines for investigation include the timing of the allegation, if it took place after the rules for privacy protection took place, or after Aril 14, 2003 for privacy and after April 20, 2005 for security. A complaint must be filed against a facility or individual who is required, by law, to observe the Privacy and Security Rule such as a health plan or health care provider that electronically submits claims. Businesses exempt from these Rules would be life insurance companies, employers, schools, or child protective service agencies, law enforcement or municipalities. The complaint must also violate the rules of privacy and security, so a claim could not be made against a facility submitting information for the purpose of payment for services. If a person suspects a violation has occurred, a claim must be submitted within 180 days of the suspected violation, unless extenuating circumstances are involved. The process of evaluation begins when the information is received by the OCR.. Once a claim is received, essential information is obtained and an evaluation made about the timeliness of the claim. Jurisdiction must be decided and if the claim does not fall under the OCR, a referral is made to the correct agency. The claimant must be notified of the receipt of the claim in 10 days. The Resolution Manual for the OCR then outlines the procedures to complete the claim process. Included in that process is the determination of urgency, notification to the facility or health care provider of the claim, and an acceptance letter and consent form are sent to the claimant. Investigation of the claim continues and requires several steps. Case planning, communication with the health providers involved, obtaining and following through with information requests, evidence collection, and interviews are included in this process. Determination of the next step is dependent on the previous findings. The case can then be resolved or referred to the Department of Justice for criminal prosecution. If the complaint is a civil matter, the Office of Civil Rights will continue with an investigation. Evidence gathering can involve interviews, review of the submitted documents and visits to the facility or provider in question. If OCR decides that a complaint is valid, the parties involved will be notified. An attempt is made to come to a resolution of the issue. The provider can then voluntarily comply with the OCR decision, which can include corrective action or some other agreement. The Office of Civil Rights then files formal findings. In a civil case, in which it is determined that the violation was an unknown breach of patient confidential information, the minimum fine, according to Health and Human Services, is 100 dollars per violation, and can increase to 25. 000 dollars per calendar year. The maximum is a fine of 50,000 dollars for each violation and can be repeated up to 1. 5 million dollars per calendar year. The OCR then monitors the compliance of the resolution to establish that the corrective measures have been implemented. Non-compliance to the recommendations of the OCR can lead to suspension of Federal financial aid or referral to the Department of Justice for further action. Not only can providers be held accountable for their actions to OCR, but also according to Occupational Health Management, they may also face disciplinary sanctions from state government licensing boards and professional associations. The Department Of Justice becomes involved in violations of HIPAA when the infringement is deemed an offense where the provider was aware of the breach of confidentiality. HIPAA is a federal law. As with any federal law, violations of HIPAA are considered a felony. If convicted, according to the DOJ, a provider may be fined a minimum of 50,000 dollars and one year in prison for knowingly violates a persons’ privacy rights or the maximum amount of 250,000 dollars and up to 10 years in prison, if the purpose is to use information for identity theft that results in personal gain. Federal violations are felonies and carry all the consequences of a felony conviction. Conclusion Health care providers, facilities and support staff must always be aware of the responsibility their job entails. The patient has entrusted them to diagnose, treat and educate them about their health issues. This trust includes protection of the patients’ privacy rights. Providers of health care must share some of this confidential information with certain third party entities. The inadvertent or deliberate disclosure of patient information can lead to legal ramifications. The patient health record is a tool for care. Emerging regulations to protect that record permits the patient to be the acknowledged owner of that information (Ives, Millar, 2005). Health professionals have an ethical duty to protect that information. When that trust is breached, patients have options. The Office of Civil Rights, working as an agency of the Department of Health and Human Services, handles civil complaints against providers that may have violated patient privacy. The role of the OCR is to determine if a violation has occurred, establish a resolution, ensure compliance, or refer to the Department of Justice for criminal prosecution. Protecting the rights and privacy of information has been a long-standing ethical responsibility of health care providers. As we move forward, more advances in technology will require adherence to privacy rules and regulations that protect the privacy of the patients treated. References Benefield, H. Ashkanazi, G. Rozensky, R. (2006) Communication and records: hipaa Issues when working in a health care setting Professional Psychology; Research and Practice 37(3) 273-277 DOI 10. 1037/0735-7028. 37. 3. 273 Department of Health and Human Services (2011) What the OCR considers during intake review Retrieved from www. hhs. gov Feb. 09, 2011 Department of Health and Human Services (20110) Enforcement process Retrieved from www. hhs. gov Feb. 09, 2011 Department of Health and Human Services (2011) How to file a complaint Retrieved From www. hhs. gov Feb. 09, 2011 Ives, E. Millar, S. (2005) Caring for patients while respecting their privacy: renewing our commitment Online Journal of Nursing Vol. 10(2) Retrieved from EBSCOHost Feb. 10,2011 Lo, B. Dornbrand, L, Dublar, N. (2005) HIPAA and patient care: the role for professional judgment Journal of the American Medical Association 14(1) 1766- 1771 Retrieved from www. jama. ama Feb. 09,2011

Thursday, November 21, 2019

Method and Progress in Management Science Essay Example | Topics and Well Written Essays - 750 words

Method and Progress in Management Science - Essay Example For example, there has been a shift from efficiency to flexibility in modern management due to the new technological advances, and this situation produces new problems in management. There are many examples of technological advances that were produced in accordance with scientific advances like the clock, electrolysis, electric power distribution, the telegraph, the telephone, canned food, etc. Learner and Phillips (1993) remark that "The commercialization cycle is now so short that many scientific advances cannot be discussed without joint consideration of technology and management." Major point #3: Experiment in management sciences is almost impossible since it is extremely difficult to verify the evidence regarding the issues of research through controllable forecasting, which in turn can be very valuable for obtaining practical results in management decision and management science. Learner and Phillips provide evidence to make their point about controllable forecasting in management science by providing the following insight: "Entrail readers and prophets predicted immutable futures, implying that human action is ineffectual before the whim of the gods. The modern counterpart of this mode of prophecy is statistical time series analysis, which relies only on historical trend to predict the future, without regard to the technological or social processes that drive the variable of interest. It also ignores human intervention. There is another mode of prediction, which we shall refer to as "controllable prediction," in which human goals direct attention to controllable quantities." (Learner and Phillips, 1993). These authors also state the following regarding experiment and verification in management science: "Because fewer variables can be controlled outside the laboratory than in it, reproducibility of results is less useful as a criterion of scientific success, at least from the point of view of a manager who is considering whether to adopt and apply the findings. Experimentation may be essential for advancing theory in the physical sciences, but in the management sciences experimentation is often too expensive and may be impossible or meaningless." (Learner and Phillips, 1993). Major point #4: Progress in management science can be compared to a leapfrog game where its components (methodology, theory, data, and problems) advance step by step in an unbalanced mode. Author's supporting evidence or examples for major point #4: There is a difference between "substantive theory" and "methodological theory". As an example, the authors explain the use of the telescope by the astronomer. They also give as an example the great deal of published articles about marketing,

Wednesday, November 20, 2019

Inclusion2 Research Paper Example | Topics and Well Written Essays - 1250 words

Inclusion2 - Research Paper Example Inclusion as a â€Å"term and as a practice was initially introduced with reference to disability but now refers to a general practice of equality and an active effort to attempt to determine ways that children are not precluded from services and experiences due to their difference, including a disability.†1 Inclusion in the context of a Jewish Primary School draws into consideration the issue of the Jewish religion particulars, which requires a particular understanding and knowledge concerning said religion that not just anybody would be equipped to impart. Thus, to require inclusion that mandated the teaching of the Jewish religion may be beyond the requirements for inclusion in the laws expressed by the United States law makers. However, if we are considering just the disability of the child that happens to be Jewish, then they would be treated the same as any other child under the law as pertains to their disability. Why include children with disabilities in Jewish schools ? In the case of children that attend Jewish schools, there is a real good chance that those children live in a family that at least one of the parents practices the Jewish religion. ... Inclusion is a â€Å"means of assuring social justice for all students with the objective of ensuring a greater benefit to society as a whole.†2 Therefore, all teachers should aim to be an inclusive teacher with a classroom where â€Å"the full participation of all students in all aspects of schooling†3 is embraced and accomplished. Research has confirmed that â€Å"teachers who embody and promote inclusion have been shown to improve learning for all students, regardless of significant individual differences.†4 In a report that described the â€Å"first national study specifically designed to determine the near-term effects of day schools on the academic, social, and Jewish trajectories of former students during their college years. The study considers the impact of day schooling in a variety of areas including Jewish identity and connections to Jewish communal life, as well as social and academic integration into college. The study contextualizes the experience s of students from day schools through comparison with Jewish undergraduates from private and public school backgrounds. Although the findings suggest that day schools can do more to improve math and science learning and to address the needs of diverse learners, the report also validates that day schools provide top-notch preparation for a broad range of colleges and universities, including those that are the most selective.†5 So, it would appear that to allow for inclusion in such a powerfully impactful environment during the formative years, the long-term effects are greatly to be desired by all Jewish students, and by logical extension, especially for those Jewish students with

Monday, November 18, 2019

Equity & Trust Essay Example | Topics and Well Written Essays - 2500 words

Equity & Trust - Essay Example It has to be understood that the term 'Law' implies an act enacted and passed in Parliament (statutory law) and the common law (principles established by judges in previous trials, procedures and conclusions) in the process of deciding on litigations. The most important dissimilarity between law and equity is the difference in remedies that both offer. While laws equip the court with the necessary set of instructions that enable the court to draw monetary compensations for the damages cased to the plaintiff, the equity enables the court to order injunctions or decrees that direct someone to act or not to act in some particular manner. Often, it is this form of order that is more practical to the plaintiff and provides more convenient remedies to the sort of problems raised by the plaintiff in the court of law. A plaintiff who has lost his baggage in a particular place may seek to get it back from the place and not the monetary value of the contents of the baggage. What marks the distinction between an equity and a law is the non-availability of a jury in the former. Equitable remedies can be decided upon exclusively by a judge, as it is a matter of law and not subject to intervention. Hence the intervention of a jury as a trier of facts is impossible to come by. Legal and equitable remedies are thus distinct in their nature and scope and this factor is well deliberated upon in modern legal systems of progressive states such as the United States of America. The right of trial by jury in a civil dispute in the United State is governed by the Seventh Amendment of the American Constitution. Hence the question of a trial by jury depends on the nature of relief the plaintiff has sought in his prayer before the court. If he is seeking a monetary benefit in lieu of the wrongs done to him, the matter can be decided upon by a jury since the matter is considered legal. But is cases where the prayer is for specific performance or non-performance, and areas where the intended award is an injunction, declaratory judgment, modification of contract etc., then the matter is treated to be solved by equity. Hence in such areas, the jury is not allowed. The foremost distinction between a law and equity is the source of the governing rules from which the decisions are arrived at. In law, the decisions are derived from a set of governing rules that are well laid out in long hand and approved by the government. Where as in the case of equity, it only has general guidelines known as the maxims on equity. It is due to this factor that the equity is deeply rooted on fairness and flexibility. An important criticism that equity has is that since there are no prior written guidelines, the lord chancellor can give a ruling according to his conscience. This open endedness led to the wrapping up of the provision and its being included in to a consolidated system of precedents much like its cousin - the Common Law by the 17th century. History of Equities and Trust The distinction betwe

Saturday, November 16, 2019

The South China Sea Dispute

The South China Sea Dispute On 26 May and 9 June 2011, just before and after the Shangri La Dialogue in Singapore, in which China emphasized its commitment of maintaining peace and stability in South China Sea, Chinese fishery patrol ships cut seismometer cables of Vietnams Binh Minh 02 and Viking 02 oil exploration vessels within Vietnams Exclusive Economic Zone (EEZ), triggering a series of public demonstrations in Hanoi and Ho Chi Minh city. Vietnamese accused China of systematic action that is aimed at turning the undisputed area belonging to Vietnam into an area under dispute in order to materialize Chinas nine-dotted line claim in the East Sea  [2]  . China responded to the complaint and protests by warning that any exploration in the vicinity of the disputed Spratly islands without its consent was a violation of its jurisdiction and sovereignty.  [3]   The incident is just another evidence for the increasing tension in the Sino-Vietnamese relations over the South China Sea dispute which has become a hot spot. The complex dispute is not only about the potential natural resources or strategic locations of the area, but most importantly the territorial sovereignty. In this dispute, Vietnam faces a challenging dilemma: how to maintain and develop the strategic bilateral ties with China and settle the dispute in favor of its national interest at the same time? Tracing the concerns of Vietnam, an overview of the dispute will be provided in the first section before it comes to the policy discussion in the second section, in which six possible options are put forward: (1) Multilateralize the dispute through ASEAN forum; (2) Internationalize the dispute by involving outside major powers; (3) Resort to the international law of the sea and international arbitration; (4) Build up self-reliance; (5) Go for joint management of overlapped resourc es; (6) Cooperate and struggle bilaterally and multilaterally. The paper concludes with recommendation of a comprehension approach which is cooperating and struggling bilaterally and multilaterally (policy option 6). II. OVERVIEW OF THE SOUTH CHINA SEA DISPUTE BETWEEN VIETNAM AND CHINA 1. The significance of the South China Sea The South China Sea is a part of the Pacific Ocean which encompasses a large area of about 3,500,000 square kilometers, spreading from Singapore and the Strait of Malacca to the Strait of Taiwan. It comprises more than 200 small islands, reefs, and cays, most of which are inhabited. The two largest archipelagoes are the Paracel islands which covers an area of about 15,000 square kilometers with about 30 islets and reefs, and the Spratly islands which stretches over an area of 180,000 square kilometers with more than 100 features.  [4]  It is widely acknowledged that the South China Sea, especially the two largest archipelagoes, has a great importance in terms of geo-politics as well as geo-economics because of its strategic location as a busy passageway for about one third of worlds ships and presumed rich natural resources, especially oil and gas, underneath.  [5]   2. The South China Sea Dispute Apart from Vietnam and China, the South China Sea dispute involves four other disputants, the Philippines, Malaysia, Brunei and Taiwan. All disputants except Brunei occupy certain area. Vietnam occupies 21 islands, the Philippines, eight, China, seven, Malaysia, five and Taiwan, one.  [6]  All claims are made based on different historical rights, colonial inheritance, territorial and legal grounds, including overlapping and competing claims over either maritime zone or sovereignty over islands. The Philippines refers to the principle of discovery of unclaimed territories and claims sovereignty over Kalayaan archipelago which comprises eight islands in the Spratly archipelago  [7]  . Brunei and Malaysia make advantage of legal bases given by the 1982 United Nations Convention on the Law of the Sea (UNCLOS or Convention) to assert their sovereignty rights over reefs for Brunei and islands in the southern Spratly for Malaysia. Taiwan, based on historical ground, claims its right over the Pratas island which used to be occupied by China. China claims are based on the so-called nine-dotted U-shape line which first appeared in a map published in 1948 in a private publication in China and encompasses about 80 percent of the South China Sea, including the Paracel and the Spartly islands. Despite China claims its sovereignty over this area, giving that it has historical rights to do so because the Han dynasty in the second century used it as the navigation route,  [8]  it has never officially declared and ignored calls to clarify if it also claims to the rights over maritime space enclosed which is far beyond 12 nautical miles from the disputed islands and includes EEZ and continental shelves that overlaps the continental shelves of other claimants as stipulated in the 1982 UNCLOS.  [9]  While the authenticity of Chinas historical rights to sovereignty over the area as well as its claim over the maritime water remains unclear, China opposes any activities by other claimants within this U-shape line. Vietnam makes reference to historical data, effective occupation, colonial inheritance and legal ground to claim its sovereignty over the Paracel and the Spratly islands as well as more than 200 nautical miles of continental rights as stipulated in the 1982 UNCLOS. It has cited a number of credible documents and maps to prove its occupation and sovereignty exercise over the islands since at least the Le dynasty in the 15th century, throughout the French colonial time until 1974, when China used force to seize the Paracel, killing 53 Vietnamese soldiers  [10]  and 1988, when the two sides clashed again in the Spartly islands, Vietnam lost 7 islands to China and 64 Vietnamese soldiers were killed.  [11]  The Paracel and 7 lost islands in the Spratly islands were placed under the jurisdiction of Hainan Province. Below are some recent developments that provide a snapshot of the increasing tension between the two countries over the dispute: In May 2009, Vietnam and Malaysia submitted a joint report on territorial claims in the South China Sea to the UN Commission on the Limits of the Continental Shelf. In response, China submitted its U-shape line map.  [12]   On 26 May and 9 June 2011, China ship cut the cables of two Vietnamese oil explorations vessels, ramping up the public protests in Vietnam. China detains and seizes hundreds of Vietnamese fishermen every year, accusing them of violating its unilateral fishing ban. On 22 February 2012, Vietnam accused China of shooting and damaging a Vietnamese fishing boat near the Paracel. On 3 March 2012, China detained 21 Vietnamese fishermen and their two boats in waters near the Paracel and demanded each boat $11,000. Vietnam strongly protested against the requests  [13]  . On 15 June 2012, Vietnam conducted a military air patrol over the Spratly islands and then announced regular air patrol practice. In response, on 28 June 2012, China also commenced regular air patrol to the Spratly islands.  [14]   China warns and threatens foreign companies for joint oil exploration activities with Vietnam in the overlapping area while offering oil blocks to its foreign partners. On 23 June 2012, China offered nine blocks located within Vietnams 200 nautical miles EEZ to foreign operators. Vietnam condemned Chinas illegal offer and requested China to cease the bidding.  [15]   On 21 June 2012, Vietnam passed the Law of the Sea of Vietnam restating its claims over the Paracel and Spratlly islands. In a tit-for-tat response, China immediately announced the establishment of prefecture-level Sansha City (officially created on 24 July 2012) to administer the disputed islands and surrounding waters as well as the establishment of a military base (officially created on 19 July 2012) in the City. Vietnam condemned the establishment of Sansha City, stating that it violated international law, seriously violating Vietnam sovereignty over the Paracel and Spratly archipelagoes.  [16]   The above developments indicate an action-reaction cycle with escalating strains in the South China Sea which makes it difficult to reach a solution acceptable by the both sides. The following section will discuss several policy options for Vietnam to settle the South China Sea dispute with China. III. POLICY OPTIONS 1. Multilateralize the dispute through ASEAN forum This option implies that Vietnam should continue to highlight the issue in ASEAN; emphasize the impacts of the dispute on the regional stability and peace in order to forge a united front to persuade China to solve the issue peacefully and multilaterally.  [17]   ASEAN comprises four out of six claimants, thus it is the most important platform for claimants to meet, discuss and seek for available solutions. The body achieved some success in building mutual trust and confidence between ASEAN claimants and China. Some evidences are the 1992 Declaration on the South China Sea, the 2002 Declaration on the Conduct of Parties (DOC) and the 2011 Guidelines to Implement the DOC in which stated that the dispute should be solved by peaceful means, through friendly consultations and negotiations by sovereign states directly concerned. These documents, however, have no legal force. Therefore, ASEAN and China have also agreed in principle that a more binding Code of Conduct of Parties in the South China Sea (COC) needs to be quickly completed and adopted. Yet the ASEANs effectiveness in solving the dispute is being questioned. As mentioned, the DOC was just a political statement with no legal binding requirement. China agreed to discuss the COC at an appropriate timing but has never stated when an appropriate timing is.  [18]  Most importantly, divisions between member states, stemming from different perspectives on the South China Sea and differences in the value each member places on their relations with China, have prevented ASEAN from coming to a consensus on the issue.  [19]  On one side, claimants might share the same stand towards China but none of them is willing to compromise with other claimants over the sovereignty issue. On the other side, non-claimants ASEAN members value the relations with China which are believed to be affected if they are pulled into any undesirable conflict with China. The recent failure of ASEAN in bringing forward a joint statement at the July 2012 Foreign Ministers Meeting in Phnom Penh due to the divergence in attitudes towards the dispute is a clear evidence for this internal ASEAN clash. This also indicates Chinas influence over other ASEAN members, Cambodia as ASEAN Chair in this case, to maintain its interests. Even if Vietnam, through its lobby efforts to pull ASEAN claimants and non-claimants together, it is still difficult to reach a solution since China insists on its bilateral negotiation strategy of treat each case differently, and defeat each one separately.  [20]   2. Internationalize the dispute by involving outside major powers This option suggests that Vietnam should deepen its multifaceted relations, including economic, diplomatic and military cooperation, with outside powers who have interests in the South China Sea; emphasize the importance of the peace and stability of South China Sea towards their interests in order to encourage a common effort of navigating Chinas assertive claims and actions in the region. Over the past years, Vietnam has had some success in expanding and strengthening its relations with major powers through a wide range of cooperation, including regular military visits, military technology and weapons exchanges and joint energy exploration. For example, to deepen relations with the U.S who has the largest economic interests in the South China Sea with $1.2 trillion out of $5.3 trillion of total trade passes, Vietnam has facilitated joint rescue exercise with the U.S army, allowed U.S warship to access the military Carm Ranh Bay for the first time since the end of the Vietnam War  [21]  , offered gas and oil block in Vietnams EEZ to the U.S ExxonMobil oil company, etc. This results in a stronger stake of the U.S in the disputed area. At the 2010 Shangri La Dialogue in Singapore, the then U.S Defense Secretary Robert Gates expressed U.S interests in Vietnams offshore oil exploration and declared that the U.S opposes to any effort to intimidate U.S corporations or th ose of any nation engaged in legitimate economic activity  [22]  . At the 2010 ASEAN Regional Forum in Hanoi, U.S. Secretary Hillary Clinton declared that the United States has a national interest in freedom of navigation, open access to Asias maritime commons and respect for international law in the South China Sea and called for a collaborative diplomatic process by all claimants for resolving the various territorial disputes. Apart from the U.S, Vietnam has been trying to boost relations with other major powers. For instance, in September 2011, Vietnam was successful to reach an agreement on joint exploration with India. Vietnam has also supported activities of Russian energy company Gazprom in joint oil exploration projects in Vietnams maritime waters. Besides, during 2009 alone, Vietnam bought from Russia six Kilo-grass submarines and 12 Su-30MKK fighters, becoming one of top weapon importers of Russia  [23]  . The growing relationship with major powers as well as incre asing involvement of these major powers in the disputed area does help to increase Vietnams leverage to China in the South China Sea dispute. Now China made efforts to further engage Vietnam through party-to-party talks and keep their disagreements behind closed door.  [24]   However, Vietnam should stay aware that strong alignments with major powers to balance too aggressively against China would irritate China and lead to subsequent negative economic and political consequences. Meanwhile, Vietnam cannot outright rely on any major powers because these countries have their own priorities and their consistent longstanding position in the South China Sea is neutrality. In other words, they might be willing to sacrifice the relation with Vietnam if it conflicts with their priority interests. Vietnam should never get too close to any powers but better to maintain limited alignments to just keep China in check. 3. Resort to the international law of the sea and international arbitration This option recommends that Vietnam should resort to the international frameworks to solve the dispute, that is, Vietnam should present evidences of its sovereignty rights over the Paracel and Spratly islands, which abides by the 1982 UNCLOS, to the International Tribunal for the Law of the Sea in order to gain international support and acknowledgment of Vietnams facts on the ground while at the same time putting pressure on China to clarify its claims and evidences. The 1982 UNCLOS is aimed to manage potential conflicts/disputes among countries over the rights to the worlds ocean. It holds valid legal title to sovereignty over their islands has exclusive right to exploit living and nonliving resources within 12 miles of their territorial sea and 200 miles beyond, known as the exclusive economic zone (EEZ).  [25]   Vietnam has ratified and abided by the 1982 UNCLOS since 1994. Its 2012 Law of the Sea, in which clarifying its territorial seas, EEZ and continental shelf, was also built on the provisions of the 1982 UNCLOS. Vietnam has also been providing its historical data showing that it has been exercising effective occupation of the islands for a long time. Recently, it introduced a 1904 Chinese official map which showed that the Paracel and Spratly islands were not belong to China  [26]  and received attention from international experts and community. Therefore, it is very likely that Vietnam will win over China if the case is sent to the international tribunal. China is also a participant of the UNCLOS (since 1996) but its interpretation of the Convention is controversial. China has never clarified its vague claim of historical rights of the area inside the U-shape line which is not suitable and so unlikely to be supported by the provisions of the law. It rejected the mechanism for international arbitration and adjudication provided by UNCLOS  [27]  and prefers bilateral negotiations with other claimants in which China will have more advantageous position. 4. Build up self-reliance This option proposes Vietnam to build up its internal economic and military capabilities to deter Chinas aggression by continuing reforming its economy and modernizing its military forces. Given that China used to use force to seize the Paracel and a part of the Spratly in the past as well as it has been developing its military strengths and being more assertive to claim its ownership over the islands, there could be a chance that China would use force again and/or use its overwhelming economic power to put pressure on Vietnam and other countries to give up on the issue. Being aware of Chinas threat, Vietnamese government has been developing its internal strengths, both economic and military inclusive, especially military capability. Compared to 2003, Vietnams military spending has been increased by 83% in 2012  [28]  , in which mostly is invested in developing naval and air forces; a large amount of budget has been spent on weapons purchase. Vietnam is currently one of the top importers of Russias weapons  [29]  . It is also persuading the U.S to lift the ban on lethal weapons so that it could purchase more U.S weapons and modernize military.  [30]  Pessimists believe that despite economic and military strengthening efforts, Vietnam can never outweigh China in economy and military power but still under Chinas influence. Economically, China is the largest economic partner of Vietnam with expected two-way trade of $60 billion in 2015; Chinese products currently account 60% imports of Vietnam  [31]  . Militarily, Vietnams 2012 military budget is $3.3 billion while Chinas is $106.4 billion  [32]  . However, these economic and military strengthening efforts still deserve a try because if conflict is the case, it will impose certain costs on China and so deter Chinas aggressive actions. 5. Go for joint management of overlapped resources This option implies Vietnams possible consideration of joint management of resources at areas where claims are overlapped with China. This means both sides have to reach a consensus over the measure of maritime space surrounding each island, regardless of ownership, and then agree to jointly administer the overlapped claimed area outside the maritime space. This differs from the early 1990s proposal of shelving disputes and going for joint development by the late Chinese leader Deng Xiaoping in which China ignored the possibility of joint development in the Paracel while proposing a joint management with Vietnam in the West Vanguard Bank Basin locating in Vietnams maritime waters.  [33]   Obstacles to this attempt of joint management is that China claims much of the South China Sea, including most of the Vietnams islands and asserts its rights to unilaterally benefit from the resources while Vietnam is also strong in its position of sovereignty rights over these islands. Both sides have condemned each other of exploring and exploiting natural resources, mainly fish and gas-oil, within their maritime waters. China consistently challenged foreign oil companies having joint exploration activities with Vietnam and warned them of unspecified consequences in their business dealings with China. This uncompromising attitude by the both sides, especially by China, makes it impossible for a consensus to be reached on measuring the overlapped area which is not really belongs to any party. 6. Policy Recommendation: Cooperate and struggle bilaterally and multilaterally Vietnam should consider a comprehensive approach that provides it with flexibility and effectiveness in dealing with China. This option is, therefore, recommended because it develops a comprehensive approach by taking into account of both bilateral and multilateral cooperation and struggle, considering the special characteristics of the Sino-Vietnamese relationship: Deepen the multifaceted bilateral relationship with China through different networks of Party-to-Party, Government-to-Government, and People-to-People, especially Party-to-Party channel. History shows that the special relation between the two communist parties enables the two sides to repair their bilateral relations fast after serious incidents. For example, strains in the Vietnam-China relations after the May and June 2011 events was significantly reduced after the visit to China by Vietnam Communist Party General Secretary Nguyen Phu Trong in October 2011 when the two sides agreed on the six basic principles in settlement of the dispute, emphasizing the importance of negotiations and friendly consultations.  [34]   Encourage ASEAN unity as a primary multilateral platform to counter Chinas assertiveness. ASEAN has certain setbacks but it cannot be denied that through DOC and other cooperation mechanisms such as ARF, FTA, ASEAN has some significant success in building mutual confidence and developing mutual interests with China. Of course, as analyzed, it is tough to forge a united and effective stance among ASEAN members; however, common interests of peace, free navigation and other legal interests under the 1982 UNCLO could be driving forces to make this more likely to happen. Deepen ties with major powers. Direct interests of maintaining free navigation in the South China Sea are motivations for these powers to align with ASEAN and Vietnam to balance against Chinas aggression. The depth and durability of commitment by these major powers, however, might be doubted because they also have their own priorities. Therefore, Vietnam should not outright rely on the outside powers to outright balance against China, but maintain a safety distance from either side and at the same time build up its capacity for self-reliance. Well prepare and announce sufficient historical and legal data to prove Vietnams sovereignty rights over the Paracel and Spartly islands; mobilize media, including social media, to effectively involve in the issue by providing transparent and correct information in order to make Chinese people and international community to understand correctly about the situation, urge the world to support Vietnam and impose pressure on China to clarify its claims. III. CONCLUSION The South China Sea dispute between Vietnam and China has become more and more sensitive and complicated because both countries are so strong in their own positions in the dispute that no one is willing to compromise their rights over the Paracel and Spratly islands a convergence of geo-politics and geo-economics. Vietnam has more credible historical and legal data to prove its sovereignty rights over the islands but the strategic significance of China to Vietnam and Chinas assertiveness put Vietnam in a policy dilemma between developing the strategic bilateral relationship and struggling to win over China in the dispute. To reduce tensions, Vietnam should have a comprehensive approach, that is, boosting bilateral ties while seeking ways to balance against China at the same time, internally or externally. In this connection, this paper recommends Vietnam to simultaneously (i) deepen its multifaceted relationship with China through Party-to-Party, Government-to-Government and People- to-People channels; (ii) continue to take advantage of ASEAN as a primary platform to counter Chinas claims; (iii) develop ties with major powers while not forget to build up self-reliance; and (iv) make public all evidence to prove Vietnams sovereignty rights to the Paracel and Spratly island in order to gain support from international community and put pressure on China to clarify its claims and deter its aggressive actions. However, it should be acknowledged that since the core of the South China Sea dispute is the territorial sovereignty that involved claimants will never want to compromise, it might too sensitive and complex for a feasible solution to thoroughly settle the dispute in a foreseeable future.

Wednesday, November 13, 2019

Sample Article Opinions :: essays research papers

Fillion, P. (2002) Postmodern Planning. pg. 265-285 Quote: â€Å"Planning discourse is becoming increasingly disconnected from implementation.†   Ã‚  Ã‚  Ã‚  Ã‚  This quote is from the first paragraph of the article by Pierre Fillion. As a matter of fact, it is the first sentence he uses. It is a very strong sentence that sets up his article beautifully. While after reading his article, I do not agree with all of his statements or points, but this one, his main one, I do agree with strongly. Pierre lays out why he believes that planning discourse is becoming increasingly disconnected from implementation. He states that the public is becoming more involved in the planning aspect, many different ways, including advocacy groups, community based groups, and public general meetings. He also states that it is becoming harder to implement the plans that they do come up with. I believe that this is happening for a multitude of reasons. First and foremost, the main reason that the implementation aspect is lacking is because almost all areas of the western world have become obsessed with financial stability as well as have become qu ite fiscally conscious. Therefore getting the financing for these plans has become increasingly difficult over the past so many years. Cities, individuals, businesses, provinces, states and governments cannot freely spend on items just because someone or a group wants something planned. People are becoming more conservative, and therefore less is being accomplished now, than once was. Another reason, that I believe that things are not always accomplished is because of the planning that goes into them. I feel that people have become more conscientious of the advocacy groups and public groups that want things planning and accomplished a certain way. With the rise in public input, it is possible that the planned projects lose some credibility, and therefore when it gets to the implementation stage, those involved are less open to proceeding with the project. These two things, the publics’ opinion and the financial timidness, have led to a gap to be created between the two, and w ith each passing year, that gap seems to be widening. Qadeer, M.A. (1997) Pluralistic planning for multicultural cities. Pg. 481-494 Quote: â€Å"The cultural and racial diversity of citizens bears on the planning process in three ways.† Following this quote the article goes on to explain in three ways how these three things affect the planning process. Without reading those three paragraphs, I am going to give my opinion on how I believe that in three ways the topic affects the planning process.

Monday, November 11, 2019

Economic Crisis Management in Hospitality and Tourism Industry

INSTITUTE FOR INTERNATIONAL MANAGEMENT AND TECHNOLOGY OXFORD BROOKES UNIVERSITY, GURGAON Issues in International Hospitality and Tourism Management U 54082 Module leader: Ms. Bandana Rai Submission: ECONOMIC CRISIS IN HOSPITALITY & TOURISM INDUSTRY Submitted by: Pavitra Mehrotra Student Id: 010109029 Abstract In the recent scenario, hospitality and tourism sector has become an important part of daily life but which is now experiencing multiple challenges because of the global economic crisis.Besides tourism, many other industries are in a position to create affluence and economic development opportunities, which also considered difficult to develop. After a significant reduction in 2009, tourism industry boomed strongly in 2010 and 2011 the international tourist arrivals were predictable to increase considerably. As tourism is a steadily growing sector, and a more globally connected, which is already indulged with a maximum population, so in such environment it is often considered di fferent to think about Crisis Management. Related essay: Relationship Between Hospitality and Tourism Accompanying material: Advertising in Tourism IndustryBut this thing is often neglected and also mostly considered a task to be only thought upon when Crisis actually takes place. Purpose This research study is done to know how financial crisis occurs in tourism industry and how it can be overcome. So this research article named Economic Crisis in Hospitality and Tourism Industry will tell about the impact of economic crisis on this industry and the recommendation to overcome it. Methodology It was an attempt to determine the impact of Economic Crisis in Hospitality Industry, and its main objectives were: * To investigate negative effects of economic crisis in this industry. To investigate the possibilities and importance of preventive crisis management within corporate framework. * To recognize the importance of crisis planning and organizational measures. Keywords: hospitality, tourism, crisis, economic uncertainty, growth, and tourism market Paper Type: Research Paper Introduction The word â€Å"crisis† is derived from the Greek word â€Å"krisis†, which means differentiation. (Dirk, 2003). In legal terms, crisis was used to describe the differentiation i. e. eparation between actual and proposed situation. National economics was the first to use crisis for its operations. Their business administration started to look into the matter when the conditions were getting worse due to shortage of crude oil in 1970s. The company was unable to solve this oil shortage due to lack of situation management, so this laid the consequence of coping with crisis. Crisis Management, the term usually refers to change of tasks and procedures done when a crisis materialize.Different types of crisis management and correlating activities are categorized in regards to the process and differentiation between different phases. Crisis Management as a system refers to the group of people who are responsible for crisis management activities. Mainly middle and lower level e mployees and the external factors join with the upper management as essential part of crisis. Although crisis management has abided through various attempts of explanations and theories, but till now none of the standards have been found to overcome it.Crisis management should be implicit as a preparation to avoid uncertain damage or negative effects. Taking the process of crisis management into consideration, the prevention of actually surviving with the crisis is acknowledged. Therefore, both the activities of prevention and struggling should be comprehended to crisis management as should be apprehended as a comprehensive management problem. This part of crisis management is dependable on crisis terminology, both part of regular official planning are also independent from it. Literature ReviewAs quoted by Krystek and Schulten â€Å"Business administration predominantly terms crisis as a process that negatively influences the development of a company to a considerable extent† (Krystek, 1987; Schulten, 1995). According to this the crisis either endangers or makes the survival of the affected company impossible. In words of Burtscher, â€Å"†¦ a company should only be spoken of when the achievements of existential or dominant goals, which are decisive factors in the survival of the entire system, are seriously endangered. † (Burtscher 1996, p. 31).Another group of authors Sonmez, Bachmann and Allen in 1994 defined tourism crises in even more concrete terms as â€Å"†¦ any occurrence which can threaten the normal operations and conduct of tourism destination’s overall reputation for safety, attractiveness, and comfort by negatively affecting visitors’ perceptions of the destinations; and, in turn, cause downtown in the local travel and tourism economy, and interrupt the continuity of business operations for the local travel and tourism industry, by the reduction in tourist arrivals and expenditures. (Sonmez et. al. 1994, p. 22). Later after 2 years in 1996, Scheler defines crisis management as: â€Å"†¦. measures of all types which allow a business to cope with a suddenly occurring danger or risk situation in order to return as quickly as possible to normal business routine. † (Scherler, 1996, p. 17). Another author Weinberg and Konert in 1985 argued that ‘†¦subjectivity experienced through the product, the service, the contribution made to the consumer’s quality of life†¦Ã¢â‚¬â„¢ (Weinberg and Konert, 1985, p. 85).Years later Haedrich in 1998, proved that in year 1991, ‘only 40. 6 percent of the companies interviewed were in a position to implement their planned competitive strategies unhindered by social demands. The onset of a negative event will increase this number even further. (Haedrich, 1998). Luhmann also quoted â€Å"†¦that risk assessment and the readiness for risk acceptance is not only a physiological but mainly a social problem. We behave as it is expected by the relevant reference groups or as we-whether in accordance with or against the opinion-are socialized’. Luhmann, 1991, p. 11). According to Romeo ‘if a high degree of object-specific involvement exists, it can be assumed due to the greater load and a strong discrimination effect in comparison to positive stimuli. (Romeo, 1991). Another author Krielkamp described risk as ‘the possible negative consequences of the consumer’s behavior as perceived by the consumer. Seen from this point of view, risk during the travel decision is the deviation that can exist between the expected and the final, subjectivity experienced tourism product.If this perceived risk exceeds a certain tolerance value, the consumer tried to reduce this risk using reductions techniques product than for a material product. (Krielkamp, 1998). According to Ritchie and Crouch, it is important for the tourist to know the dangers that exist in a destination in order to adjust their behavior and, secondly, to set these in relation to the usual danger at the location. (Ritchie and Crouch, 1997). Tschiderer’s defines the holiday location product as ‘a bundle of market services, which are made up of constant core part and a derived variable offer’.And the natural offer as a core service of the service bundle, ‘with a few exceptions, is the core of holiday tourism and, therefore, the deciding element of the services’. (Tschiderer’s, 1980) â€Å"ECONOMIC CRISIS IN HOSPITALITY & TOURISM INDUSTRY† Tourism has an important impact on economies, societies and cultures of countries. From boosting economic growth to improving the social fabric and material resourcing to improve living conditions, the tourism has started to act upon.It’s obvious that tourism contributes to economic and social process, but the strength of action differs remarkably from region to region depending upon the level of Obviously, tourism contribution to economic and social progress, the strength of its action differs significantly from country to country depending on its level of development and the regimen attended on them. As with the most industries hospitality and tourism sector is also experiencing number of challenges as a result of global economic crisis.The industry is feeling the impact of a reduction capital market and non-mandatory spending by both corporate and individual customers. Tourism has suffered a lot during the global economic crisis; there was a turn down of 4% of international tourist arrivals in 2009, and revenues from international tourism fell by 6% by 2009. Motivations of travel for 2011 have been to traditional tourist destinations (58%), while 28% wanted to discover new destinations. (Global Financial Crisis Bulletin, Protiviti, 2009) Based on existing forecasting, the quarterly increase in hotel RevPAR is not expected until the second the second quarter of 2010.Corporate travel which ac counts to 18% of airline revenue has also decreased consecutively as companies all around the world are getting determined to reduce costs. With partial expansion contingencies, many hotels and companies are looking forward to improve the capability of their sales and marketing expenditure and maintaining prevailing brand value so as to gain customer loyalty and market share. According to a new report of UNWTO â€Å"2011 International Tourism Results and Prospects for 2012† during the year 2011 tourist arrivals grew up by about 4% to a total of 980 million.As published in the report, in 2012 the same will continue to grow, at a slow pace most likely very close to one billion tourists. The increase in 2011 was 4. 4% (980 million in the year 2011, compared with 939 million in the year 2010). (Universitatea Danubius Galati, 2012) Tourism development during Global Economic Crisis Tourism industry in the recent decades has proved to be an important element in the economic growth. The increasing number of tourists, tourism business growth, but also being an area that is still a major employer in the labor market motivates positive development of the global Hospitality & Tourism sector.The involvement of tourism industry in global GDP is striking 9% with only slightly smaller than the banking sector representing 11%, but higher than the automotive industry that is 8. 8%. This figure is itself very impressing, but taking into consideration the global situation becomes even more valuable. The year 2011 was characterized by a deadlock in the global economy that seems to recover in a series of events leading to political instability in countries in the Middle East and North Africa, and natural disasters, also as in earthquakes in Japan.The global economic crisis of 2008-2009 had a momentous impact on international tourism industry, the most severe so far in the last decades. International tourist arrivals declined by 4% and international tourism receipts by 6%. In 2010, the sector rebounded strongly (international tourist arrivals grew by 7%) demonstrating the resilience of tourism demand. (http://www. unglobalpulse. org/projects/rivaf-research-economic-crisis-tourism -decline-and-its-impact-poor) The Impact of Economic Crisis on Tourism and Hospitality Worldwide:Businesses have reported a declination in sales of lodging, food service; events and other hospitality products and some have closed their doors forever. The declination has resulted not only from smaller number of customers in hotels, restaurants, conference and convention centers, etc. , but also from a momentous decline in the average expenditure per guest (Pizam, 2009) The decline in international tourism in 2009 was felt globally, but specifically affected destinations with a higher dependence on the European and US source markets.All world regions suffered a decline in international tourist arrivals with the exception of Africa. By income level, low-income countries have been less adversely affected by the global crisis and have recovered comparatively faster. Business tourism was more affected than other segments, but available information does not allow for a detailed impact analysis by a segment. Employment in tourism was less impacted and tended to recover quicker than in other economic sectors according to data on employment in hotels and restaurants (the available proxy used in there port to evaluate the impact of the crisis on tourism employment).The recession had caused serious problems for luxury hotels all around the world. However, many hotels in international markets, especially the ones catering to leisure travelers, were not as much of affected. The popularity and growth of the luxury hotel sector in recent years commend that a strong return may not be idealistic (Barsky, 2009). (UNWTO, 2010) More specifically: * Europe ended the year 2009 by 6% declination. Destinations in Central, Eastern and Northern Europe were predominantly poorly affe cted, as compared to the results in Western, Southern and Mediterranean Europe that were relatively better. Asia and the Pacific (? 2%) showed an unexpected rebound. The second half of 2009 measured a 3% growth, reflecting enhanced regional economic results and scenarios. * In the Americas (? 5%), the Caribbean returned to growth in the last four months of 2009. * The Middle East (? 6%), though far-far better from the growth levels of previous years, had a positive second half in 2009. * Africa (+5%) was a strong performer, with sub-Saharan destinations doing particularly well business. (Q Finance, 2012) Crisis Handling StrategiesThe further area of crisis management concerns with the application of basic courses of action for crisis handling. The basic aim of crisis handling strategy is the pressure of the developments of the effects caused by negative consequence of global economic crisis. The forms of a crisis handling strategy can be either of the two i. e. Offensive handling an d defensive handling. 1. Offensive handling strategy: The aim of an offensive handling strategy is to timely and systematically implement the measures that eradicate and contains the cause and the effects related to identifying the problem area.To make this handling strategy work the organization must be prepared, intended and independently, to accept all the parts of activities, particularly customers, stakeholders and the state, that something has not worked as anticipated. An essential part of the offensive handling strategy is the attempt to eradicate the causes of the problems. Despite large number of efforts, there will remain always some problem areas for which this is not possible; for example, natural disasters. In such cases, a long-term well thought-out offensive strategy can be used to agree to and capitalize on the event. Dirk, 2003) 2. Defensive handling strategy With a defensive handling strategy, it is taken in consideration without knowing the consequences and knowl edge of the circumstances, not to act upon them, but to wait to react in order to bring the situation under control. The aim is to elude the crisis as far as possible and not to strengthen the circumstances with an individual’s action. In practice, the defensive handling strategy can be often observed. This is certainly also affected by the verity that offensive handling strategy and information given come with unknown attention in the preliminary stage. The greater scope with regard to handling and structuring but also the sensibleness of voluntarily talking on social responsibility means that an offensive handling strategy has a lot going for it. If the crisis is understood in such terms, it offers the chance to develop the organization further and ensures the influence in the various spheres of activities. † (Dirk, 2003) Crisis Planning and Organizational measures Planning is defined as a constructive process that defines how the organization’s stakeholders wa nt to see a future process to be developed.Hence planning is the opposite of brain-storming, ad-hoc decisions that are dependent on chance. In the crisis process and implementation process, there are three discrete stages i. e. Generic Planning, Contingency Planning and Preventive Planning (WEU, 1995). 1. Generic Planning- it reclines planning basis for possible crisis situations. The aim is to identify fundamental requirements and potentials. In addition, the ensuring planning stages should be made simple and plans that speed up the process. The questions that are related to organization’s structure as well as to the workflow organization that are much influence and unwavering by it.Generic planning is followed by the predictable investigation of certain crisis synopsis. The basic aim is to work out and evaluate different privileges in order to keep them accessible as tactics of action. This outline of planning is also known as ‘alternative planning’ or emergenc y planning. 2. Contingency Planning- In brief, contingency planning for predictable events enables the organization to get a boost up start that fundamentally helps the company to be more reliable about their decisions in critical situations like under pressure.The planning process in terms of detailing is limited to economic and human necessities as on the well as within boundaries of imagination. So a lot of attention is required when it concerns with situations for which there is very short reaction time left. 3. Preventive Planning- Whenever a negative is prevailing on an organization, then preventive planning is used. Depending on the need with which the task should be completed, i. e. depending on the speed with which the crisis is increasing, this can only happen through the adaptation of various option plans.The aim of these option plans, which are made up on the outline of preventive planning, is the application and preparation of feasible solutions to the increasing crisis situation. For all planning actions of preventive planning, the findings and result of previous steps and also the contingency planning are used as an initial point of start. Although these rare results of the applied contingency are being used in this application, the use of the least part of the contingency plan considerably shortens the preventive planning process.It is important to think through crisis planning and organizational preparation in good times as it is to be implemented in reality. With its implementation, one of the essential factors for a successful crisis management is met (Mileti and Sorensen, 1987; Reilly, 1987) Conclusion In 2011, world tourism has emerged fully from the crisis, say experts unanimously. Trend of increasing profits and the number of tourists will continue over the next few years, and this year could be even set a new record for number of trips, reports World Travel Monitor Forum.As shown in the statistics world tourism industry activity increas es in importance. The main index, tourist arrivals, is increasing, and sales in 2011 of 4. 4% are significant. According to the WTO officials, tourism is very important in emerging economies, tourism affects the entire economy by reducing debt, trade deficit and creating jobs. Besides the critical economic dimension, tourism is very important socially and culturally, favoring communication between different cultures, it can have an influence on mentality and geopolitical developments worldwide. Bibliography * Barsky, J. 2009). Luxury Hotel and Recession: View from around the World. [ONLINE] Available at: http://www. lhw. com/download_s/230. pdf. [Accessed 25 October 12] * Burtscher, J. G. (1996). Wertorientiertes Krisenmanagement, Diss. * Dirk Glaesser, 2003. Crisis Management in the Tourism Industry. Edition. Butterworth-Heinemann. * Haedrich, G. (1998a). Kommunikationspolitik. In Tourismus- Management (G. Haedrich et al. , eds) pp. 379-403, de Gruyter. * Krielkamp, E. (1998). Stra tegisches Planung in Tourismus, In Tourismus- Management (G. Haedrich et al. , eds) pp. 287-324, de Gruyter. Krystek, U. (1987). Unternehmungskrisen. Gabler. * Luhmann, N. (1991). Soziologie des Risikos. de Gruyter. * Pizam, A. (2009). The Global Financial Crisis and Its Impact on the Hospitality Industry. International Journal of Hospitality Management, 28, 301 * Protiviti. 2009. Global Financial Crisis Bulletin. [ONLINE] Available at: http://www. protiviti. in/en-US/Documents/Newsletters/Global-Financial-Crisis/FinCrisis_Bulletin061909. pdf. [Accessed 24 October 12]. * Rirchie, B. and Crouch, G. (1997). Quality, price and the tourism experience. In Quality Management in Tourism (AIEST, ed. Vol. 39, pp. 117-39, AIEST. * Romeo, J. (1991). The effect of negative information on the evaluations of brand extensions and the family brand. In Advances in Consumer Research, Proceedings, (R. Holman and M. Solomon, eds) Vol. 18, pp. 399-406. * Scherler, P. (1996). Management der Krisenkommuni kation. Helbig & Lichtenhahn. * Schulten, M. F. (1995). Die Erlebnis-gesselschaft. Campus Verlag. * Sonmez, S. F. , Backman, S. J. and Allen, L. R. (1994). Managing Tourism Crises. Clemson University. * Tourism and Hotels Industry | Market Analysis and Trends – QFINANCE. 2012.Tourism and Hotels Industry | Market Analysis and Trends – QFINANCE. [ONLINE] Available at: http://www. qfinance. com/sector-profiles/tourism-and-hotels. [Accessed 28 October 2012]. * Tschiderer, F. (1980). Ferienortplanung. Paul Haupt Verlag. * Universitatea Danubius Galati. 2012. Acta Universitatis Danubius. A’conomica. [ONLINE] Available at: http://journals. univ-danubius. ro/index. php/oeconomica/article/view/1256. [Accessed 24 October 12]. * Weinberg, P. and Konert, F. -J. (1985). Vom Produkt zur Produktperson-lichkeit. Absatzwirtschaft, 2, 85-97. * World Tourism Organization (UNWTO). 012. World Tourism Organization (UNWTO). [ONLINE] Available at: http://www. unwto. org/media/news/en/p ress_det. php? id=5361. [Accessed 25 October 2012]. Article Summary-1 Zahed Ghaderi and Ahmad Puad Mat Som (2012). Impacts of Global Economic Crisis on Tourism Business in Penang. South Asian Journal of Tourism and Heritage. 5, pp. 08. Key Point-1 This article tells us about the impacts of recent economic crisis on tourism business in Penang (Malaysia). Tourism industry is always helpless to various crises and disasters, and its growth has been badly affected due to unpleasant situations.This paper was part of a research which has been conducted in Penang and uses qualitative research methodology. The level of impacts was different for industry and their businesses decreased for a certain period of time. It was found that the recent economic crisis formed many negative impacts for businesses in Penang and various strategies have been applied to lessen the negative effects. The paper also argues that the crisis had consequent effects and created many challenges for tourism industry. Key Point-2Recent economic and financial crises that affected tourism industry from 2007 through 2010 and further has thrown considerable attention on the role that crisis measures play in tourism. (Hall, 2010). The scope and size of impacts were so severe, that the World Tourism Organization estimated that international tourist arrivals fell by 4% in 2009, and many destinations in the world reported negative growth. As Penang is a mature tourist destination in Malaysia was also affected by recent global economic crises. Attracting many international leisure and business tourists gives threats and opportunities to this destination.Threats because these markets highly depend on global economic situations; and variation in the number of arrivals can create negative impacts for tourism industry. Comment and analysis The above study tells us that tourism industry in Penang was struck by global financial and economic crises. However they were not equal for different hospitality industrie s in Penang, although they approved that the crisis created many opportunities for their business. It is also important to note that although economic crises affected Penang as a tourist destination.Tourism business in Penang also looked at this crisis as an opportunity for organizational learning and they obtained valuable experiences on how to manage the difficult situations. They also believed that there is an immediate need to develop a tourism crisis management plan that integrates all tourism business in the State as the industry is very delicate to external factors. Article Summary-2 Carmen Babaita, Marilen Pirtea, Andreia Ispas (2010). Professional tourism – before and after economic crisis in the hotel industry from Timisoara, Romania. WSEAS Transactions on Business and Economics. , pp. 10 Key Point-1 This article demonstrates information on the concept of proficient tourism and its associated terms and how the global economic crisis has affected this valuable segmen t financially, particularly in tourism industry. The research was conducted in two periods: before and during the economic crisis and targeted 13 hotels of 3 and 4 stars from the hotel market in Timisoara. The study projected a series of related research regarding the tourism and services from the hospitality field, which was in the position of finding new ways to attract and retain business customers.Also according to authors Hotels surveyed in 2009-2010 except for a 4 Star Hotel said they were affected by the financial crisis. Key Point-2 According to the article, the competitive advantages for Romania as tourist destination were unusual destination markets; location in Central-Eastern Europe, the existence of large international hotel chains; knowledge of English by a large part of the young population; upcoming professional specialization of the Romanian companies with the opportunity to become trusted partners for any global organizations, also placed in Romania.Taking into acc ount the addition of the professional travel motivation in the definition of tourism and tourists, there were numerous clashes of opinion, having prevailed the opinion that professional tourism produces the same economic effects at the destination of the traveler or visitor as the recreational tourism; these effects can be: an increasing or a stimulating economic activity, an increased turnover of firms specialized in tourism benefits and an increased revenue from tourism balance. Comment and analysisAccording to the above study, it can be analyzed that the economic crisis had a major affect on the hotel market activity in Timisoara. The hotel management has always been in a position to find intellectual and resourceful solutions to attract customers, which are scarce and more demanding. Accommodation are still limited, their number is significantly lower to the accessible needs. Starting a project with European funds that include design, site plan of new hotels, even hotel chains, could be the key to improve job prospects, the number of events, business tourists coming to western markets.Article Summary-3 Protiviti: Risk and Business consulting. (2009, June). Impact of the Economic Crises on the hospitality, tourism and leisure industry. Publisher U. S Available from: http://www. protiviti. com/en-US/Documents/Newsletters/Global-Financial-Crisis/FinCrisis_Bulletin061909. pdf [Accessed: 17/09/12. ] Key Point-1 The current article discusses about the analysis of existing conditions faced by the hospitality, travel and leisure industry, along with a review of the significant issues the management should have concentrated as the economic rises continues to run its run as an economic recovery begins. According to the article the financial crises has impacted both domestic and the domestic i. e. U. S market as well international travel market. The occupancy ratio of domestic travelers to international travelers is approximately 4:1 (83 percent v/s 17 percent). In r esponse many hotels have reduced number of guests, which is one of the largest expenses at both the hotel and corporate levels. Key Point-2With limited expansion opportunities, many hotels and companies are looking to improve the effectiveness opportunities, many hotels and companies are looking to improve the effectiveness of their sales and marketing spend and maintain existing brand value to gain customer loyalty and increase market share. Their strategies include print and online advertising, and marketing directly to national groups that initially have arranged events at their properties. As in other industries, cost management and controls spend have become important areas of focus for owners and operators.Centralizing or outsourcing business processes (e. g. , payroll, accounts payable) is among numerous strategic initiatives hospitality management is undertaking. Comment and analysis Based on the article it can be concluded that companies are using different strategies to ma intain themselves during the global economic crises. For firms in hospitality and tourism industry, it is important for management to maintain customer expectations, manage to maintain customer expectations, manage costs, optimize cash flows and working capital, and maintain debt obligations.Additionally, many in the industry are using the current economic crisis as an opportunity to gain market share. Through increased marketing and advertising initiatives, companies are striving to maintain existing customers while also positioning themselves to be top-of-mind for industry consumers once the economy begins to recover. Summary-4 Crises Management in Hospitality Industry: Case of Croatia Cizmar, Sanja: Vlahov, Antonio. An Enterprises Odeyssey. International Conference Proceeings: 1576-15-89, 4, 20. Zagreb: University of Zagreb, Faculty of Economics and Business. (May 26-May 29, 2010)Key Point-1 This article tells us about the 2009 economic on the hospitality in Croatia. It tells tha t a strategic approach to the crisis management in the hospitality industry both on government and private level sectors. On government level, the article examines the overall process of dealing with the crises as well as pre-crises planning. The research findings tell that the Croatian government, got failed in the pre-crises management but in tourism sector it handled the crises in a very effective way, thus assuring the country tourism results in the year of global economic crises.A survey done in on a small fraction of Hospitality companies in Croatia, revealed that top level managers understood the importance of crises management measures and also they were regular in their implementation. The authors also concluded that global economic crises cannot be stopped but, the impact on hotel industry can be limited both by private organizations and public sectors. Key Point-2 In 2009, world economy has faced a rare crisis, activating severe recession that critically affected tourism industry.In Croatia two percent drop of overall tourist arrival, and one percent increase of overall overnights has been recorded in 2009 in comparison to 2008. The drop in tourism receipts of Croatia has been much stronger than the drop in the arrivals, and is expected to reach 15. 5% compared to next year. A typology of crises, which is important for further discussion in the paper, is based on the types of domains or origins or causes of the crises. Complexity of the crises’ origins affects that lifecycle and duration of the crises, thus impacting its intensity and impacts to organizations. Since tourism industry is very ulnerable to different crisis, the scope of crises impacts in tourism is multilevel. Out of all 24 crises management measures, 14 measures have significant correlation between managers have significant correlation between managers’ perception of importance and its usage. Four measures belong to group ‘operation, investment, and environmentâ₠¬â„¢ and three measures to group ‘human resources’. Comments & Analysis This article analysis’s the way of coping with the economic crisis on government and company managerial level in the hospitality industry of Croatia, with regards to 2009 economic crisis.In deep economic crisis as it was in 2009, which has had a significant impact on the hospitality industry market and financial position, only synchronized actions of government and companies’ management may generate positive results in crisis prevention and especially in a phase of coping with the crisis. Empirical survey shows that top managers of Croatian hospitality companies’ management may generate positive results in crisis prevention and especially in a phase of coping with crisis.The survey should be done on the same sample of hospitality companies in order to reveal which company has succeeded to recover operational performance in a shorter period. Parallel, the research should aim to r eveal which group of crisis management measures generates the fastest recovery of companies operating performance in a post crisis period. Article Summary-5 Carmen Babaita, Marilen Pirtea, Andreia Ispas (2010). Professional tourism – before and after economic crisis in the hotel industry from Timisoara, Romania. WSEAS Transactions on Business and Economics. 7, pp. 10Key Point-1 This article demonstrates information on the concept of proficient tourism and its associated terms and how the global economic crisis has affected this valuable segment financially, particularly in tourism industry. The research was conducted in two periods: before and during the economic crisis and targeted 13 hotels of 3 and 4 stars from the hotel market in Timisoara. The study projected a series of related research regarding the tourism and services from the hospitality field, which was in the position of finding new ways to attract and retain business customers.Also according to authors Hotels sur veyed in 2009-2010 except for a 4 Star Hotel said they were affected by the financial crisis. Key Point-2 According to the article, the competitive advantages for Romania as tourist destination were unusual destination markets; location in Central-Eastern Europe, the existence of large international hotel chains; knowledge of English by a large part of the young population; upcoming professional specialization of the Romanian companies with the opportunity to become trusted partners for any global organizations, also placed in Romania.Taking into account the addition of the professional travel motivation in the definition of tourism and tourists, there were numerous clashes of opinion, having prevailed the opinion that professional tourism produces the same economic effects at the destination of the traveler or visitor as the recreational tourism; these effects can be: an increasing or a stimulating economic activity, an increased turnover of firms specialized in tourism benefits an d an increased revenue from tourism balance. Comment and analysisAccording to the above study, it can be analyzed that the economic crisis had a major affect on the hotel market activity in Timisoara. The hotel management has always been in a position to find intellectual and resourceful solutions to attract customers, which are scarce and more demanding. Accommodation are still limited, their number is significantly lower to the accessible needs. Starting a project with European funds that include design, site plan of new hotels, even hotel chains, could be the key to improve job prospects, the number of events, business tourists coming to western markets.

Friday, November 8, 2019

Ethnocentrism Essays - Guggenheim Fellows, Literature, Culture

Ethnocentrism Essays - Guggenheim Fellows, Literature, Culture Ethnocentrism Ethnocentrism can be defined as regarding ones own race or culture as supreme to others. Unfortunately, minority groups living in the United States are under the impression they must conform to the American ways in order to succeed. As a result the ramifications of ethnocentrism in the United States have caused minorities to change in order to fit in with society. In Langston Hughes poem Theme For English B, Hughes recalls a time when a professor assigned a page that was to come out of you- / Then it will be true. Hughes, twenty-two, colored and born in Winston-Salem was uncomfortable with the assignment at first, being the only black student in the class. He writes about all the things he likes eat, sleep, drink, and to be in love and how being colored doesnt make him not like the same things other folks like. However, he asks the question So will my page be colored that I write. Hughes is concerned that the white professor will not be able to relate to his paper, Being me it will not be white. Yet Hughes brings up the point that they share a similarity in that the professor and himself are both American. Hughes also writes As I learn from you, / I guess you learn from me describing how ultimately his paper is a part of both himself and the instructor. For what was supposed to be a simple assignment, Hughes tries to discover his own truth in a white society. Similarly the idea of ethnocentrism is discussed in Edite Cunha Pedrosas Talking in the New Land. Pedrosa at the age of seven remembers her family moving from Portugal to the United States. Instantly, Pedrosa was forced to fit in with American culture. On her first day of school, the teacher announced that her name, Maria Edite dos Anjos Cunha would be changed to Mary Edith Cunha. The reason, the teacher explained was in America you only need two or three names. Pedrosa was devastated, I loved my nameand through it I knew exactly who I was. She wanted to say something to the teacher, but you could never argue with the teacher. Unfortunately, Pedrosas father did not understand English so she served as an interpreter for her father. At the young age of eight, Padrosa found herself involved in adult situations trying to interpret and translate conversations between her father and a woman at the Division of Unemployment Security. Pedrosa would get caught in conversations concerning money and property, something a child should not be dealing with. Her father abused her ability to speak English to the point that she hated herself for having learned to speak English. After all, Pedrosa was only nine years old and was forced to conform to American ways in order for her family to survive. Maxine Hong Kingston also writes how she too had to change in order to fit in with American Culture. Kingston, a Chinese immigrant living in Stockton California, was a first generation American in her family. She found herself having to adjust to two distinctly contrasting cultures. In The Language of Silence, Kingston recalls as a young girl how confusing and difficult the situation was. To most Chinese immigrants, American are refereed to as ghosts- pale, threatening, and, at times, comical specters who speak an incomprehensible tongue. Kingston shows how becoming American means adopting new values, defining a new self, and finding a new voice. In the Chinese culture it is believed that a ready tongue is an evil tongue. However, Kingston mother tells her that things are different in this ghost country. When Kingston first entered school she was very silent. It wasnt until I found out that I had to talk that school became a misery, that the silence became a misery. Writes Kingston. Eventually Kingston spoke with the barest whisper only to have the teacher scare the voice away again. She was content with herself though, for the other Chinese girls did not talk either, so I knew the silence had to do with being a Chinese girl. Kingston remembers how all the children would go to the auditorium except the Chinese girls for our voices were too soft or

Wednesday, November 6, 2019

Prioridades deportación por orden ejecutiva de Trump

Prioridades deportacià ³n por orden ejecutiva de Trump   Por à ³rdenes ejecutivas del presidente Donald Trump vuelve a aplicarse  el programa de Comunidades Seguras en todo el territorio de EE.UU.  y se aplican prioridades de deportacià ³n diferentes a las del gobierno de Barack Obama. En este artà ­culo se listan las prioridades de deportacià ³n que aplican en estos momentos, cules son las à ºltimas estadà ­sticas sobre cuntos migrantes se deportan y por quà © razones, cà ³mo el lugar de residencia puede afectar a la deportacià ³n y cul es la mejor estrategia para evitar una deportacià ³n. Asimismo, se responde a la pregunta sobre quà © migrantes tienen derecho a ser oà ­dos en corte para intentar frenar una deportacià ³n y, finalmente, cà ³mo obtener un perdà ³n a una deportacià ³n si à ©sta llega a producirse. Prioridades de deportacià ³n segà ºn orden de Trump Segà ºn el texto de la orden conocida como Enhancing Public Safety in the Interior of the United States, las nuevas prioridades de deportacià ³n son las siguientes: Condenados por cualquier tipo de delito y ofensas menoresMigrantes con una orden de deportacià ³n o expulsià ³n o una salida voluntaria y que no han obedecido y siguen en los Estados Unidos. Estn incluidas las personas con una orden deportacià ³n in absentia.Migrantes acusados de un delito pendiente de sentencia.Migrantes acusados de actos imputables.Fraude, tergiversacià ³n, declaraciones falsas y actuaciones semejantes en relacià ³n a asuntos oficiales de cualquier clase o agencia de gobierno. Atencià ³n con mentir en un documento oficial de cualquier clase o de palabra a un oficial porque esto es lo que se est castigando en este punto.Abuso para recibir beneficios de un programa de ayuda pà ºblicaConsideracià ³n por parte de un oficial migratorio de que una persona es un peligro para la seguridad pà ºblica o nacional.  Estn incluidas dentro de esta categorà ­a actividades tales como pertenencia a pandillas. Adems, se est deportando a personas con una suspensià ³n de la deportacià ³n, que se conoce en inglà ©s como stay of removal.   Finalmente, si un agente del ICE se encuentra de cualquier manera con un indocumentado, puede arrestarlo y o bien deportarlo o ponerlo en procedimiento para su deportacià ³n Incluso cuando el migrante tiene un rà ©cord penal absolutamente limpio.  ¿Cuntos migrantes son deportados con Trump? Segà ºn datos de la CBP, en el aà ±o fiscal 2018 fueron deportados 256.056 migrantes, un 13 por ciento ms que el aà ±o anterior. Es, en realidad, una cifra semejante a la del à ºltimo aà ±o de Obama en la Casa Blanca, cuando se deportaron 240.255 inmigrantes y un nà ºmero notablemente inferior al rà ©cord fijado por el propio Obama en 2012 cuando fueron deportados 409.949 migrantes. En 2018, con el presidente Trump, 145,262 migrantes deportados tenà ­an un rà ©cord criminal. Sin embargo, cabe destacar que bajo esa rà ºbrica se comprenden no solo actos delictivos sino tambià ©n faltas conocidas como misdemeanors en inglà ©s. De hecho, el 57 por ciento de los migrantes deportados con rà ©cord delictivo –un total de 158.000– tenà ­a como principal condena en su historial criminal una condena por manejar mientras estaban intoxicados, conocido en inglà ©s como DIU. La segunda causa ms comà ºn fue un delito o falta relacionado con drogas y la tercera otras ofensas de trfico. Adems, se deportà ³ a 42 personas sospechosas de terrorismo, 5.872 por sospecha o condena de pertenencia a una pandilla, 2.711 familias que ingresaron sin documento, 5,571 menores que llegaron a EE.UU. sin documentos y sin acompaà ±ar por un adulto. Tambià ©n fueron deportadas 22.796 personas con una acusacià ³n criminal pendiente y que fueron, en muchos casos, detenidos en una corte o en las inmediaciones de una corte. El resto de los deportados lo fueron, principalmente, por violacià ³n migratoria. Hay grandes diferencias a lo largo y ancho del paà ­s en cuanto a deportaciones. Asà ­, cuando se compara el aà ±o 2018 con el 2016, el à ºltimo de Obama en la Presidencia, se detecta un incremento notable de detenciones en Texas mientras que bajan visiblemente en California. Esto se debe, en gran medida, a la colaboracià ³n o rechazo de las autoridades locales a las prcticas federales sobre deportacià ³n. Resistencia a à ³rdenes de Trump: ciudades Santuario Por orden ejecutiva asegura que no se le puede prohibir a un agente local o estatal a nivel individual de colaborar o compartir informacià ³n con Inmigracià ³n, si asà ­ lo decide. Adems apunta a que no se repartir dinero federal con las ciudades que tengan como polà ­tica la de limitar el compartir informacià ³n en esta esfera. Esa posicià ³n del gobierno federal ha sido desafiada por ms de 300 entidades locales y estatales a lo largo de Estados Unidos, las cuales mantienen diversos grados de proteccià ³n a inmigrantes indocumentados. De ellas, en la actualidad unas 200 se niegan a cumplir las peticiones de las autoridades de inmigracià ³n de retener a un detenido mediante un hold o detainer para su entrega a ICE. Estados como California y ciudades como Nueva York y Chicago incluso mantienen una posicià ³n muy activa en apoyo de la defensa legal de migrantes deportados.  ¿Tienen derecho los migrantes a ser oà ­dos en Corte antes de ser deportados? Segà ºn la Quinta Enmienda de la Constitucià ³n de los Estados Unidos, ninguna persona puede ser privada de vida, libertad o propiedad sin el debido proceso. Este principio de debido proceso aplica, por interpretacià ³n de la Corte Suprema, a todas las personas presentes en suelo estadounidense y sujetas a su jurisdiccià ³n: ciudadanos estadounidenses, residentes permanentes, extranjeros presentes temporal y legalmente y migrantes indocumentados. El debido proceso implica que el gobierno debe probar los cargos contra cualquier persona en un juicio justo y con las debidas apelaciones. Sin embargo, esto no quiere decir que todos los migrantes tienen derecho a ser oà ­do en Corte antes de ser deportados, ya que se admiten otras formas de remocià ³n, como la expulsià ³n inmediata o la salida voluntaria. Asà ­, la expulsià ³n inmediata permite agarrar a un migrante que ha ingresado al paà ­s sin documentos o con documentos falsos y expulsarlo de Estados Unidos sin pasar por un juez de inmigracià ³n. Bajo la normativa que se venà ­a aplicando con el presidente Obama, se aplicaba a migrantes agarrados a menos de 100 millas de la frontera y que no podà ­an demostrar llevar ms de 14 dà ­as en el paà ­s. Ahora la expulsià ³n inmediata se aplica en todo el territorio nacional de Estados Unidos y a todas las personas que lleven menos de 2 aà ±os en el paà ­s o no puedan demostrarlo. Asimismo, procede la expulsià ³n inmediata para las personas que ingresaron legalmente bajo el Programa de Exencià ³n de Visas, salvo en los casos en los que se pueda solicitar asilo o cualquier otra clase de alivio o ajuste migratorio. Por otro lado, tampoco tiene lugar un caso de deportacià ³n en Corte cuando un migrante que en teorà ­a tiene ese derecho renuncia al mismo y prefiere una salida voluntaria. En este caso se encuentran, entre otros, los detenidos en crcel o prisià ³n que deciden acogerse al programa REPAT para acortar sus sentencias a cambio de dejar EE.UU. por su paà ­s.  ¿Cul es la mejor estrategia si se abre un caso de deportacià ³n? En la actualidad y segà ºn datos de la Universidad de Syracuse hay ms de 800 mil casos pendientes migratorios pendientes. La cortes con las mayores demoras se encuentran en California, Texas, Nueva York, Florida y Virginia. En la prctica, desde que se notifica el inicio de un caso hasta obtener la sentencia final puede haber una espera de aà ±os. Mientras tanto, las estrategias de defensa recomendables son las siguientes: En primer lugar, se deben conocer los derechos. Por ejemplo, no se est obligado a abrir la puerta de casa a menos que los agentes muestren una orden judicial, por ejemplo por debajo de la puerta o a travà ©s de la ventana. Es muy recomendable leer estos consejos de ACLU (American Civil Liberties Union). En segundo lugar, se debe analizar con ojos realistas si existe una posibilidad para regularizar la situacià ³n. Consultar con un abogado de confianza si puede haber un camino. Una de las razones importantes por las que el nà ºmero de deportaciones con Trump no se ha disparado se debe a la labor de abogados, organizaciones de defensa de migrantes y de consulados como los mexicanos que se han volcado en procurar asistencia legal calificada. Es recomendable que cada migrante tenga un buen conocimiento de su situacià ³n, desde el punto de vista legal, que se asesore y como mà ­nimo se informe sobre si hay una orden de detencià ³n por cualquier causa o de deportacià ³n en su contra. En tercer lugar, es recomendable hacer planes preparndose para lo peor. Si al final se dicta orden de deportacià ³n contra la que ya no cabe apelacià ³n es importante haber resuelto asuntos como  ¿quià ©n se hace cargo de los nià ±os?  ¿quià ©n se hace cargo de pagar facturas?, etc. Verificar si en el estado en el que se vive hay que dar un poder de representacià ³n para que las decisiones tengan efectos legales. Finalmente, es fundamental estar informados en todo momento, evitando caer en la desesperacià ³n y tambià ©n ser và ­ctima de un fraude. Tener presente que en momentos de angustia siempre hay personas sin escrà ºpulos que quieren sacar ventaja econà ³mica y prometen arreglos que son imposibles. Perdà ³n para deportados Una vez fuera de Estados Unidos hay que saber que la deportacià ³n lleva una penalidad. El nà ºmero de aà ±os depende de las circunstancias de cada caso. Es cierto que es posible en casos muy excepcionales pedir un perdà ³n, tambià ©n conocido como waiver o permiso. Pero son casos complicados, hay que mirar con un abogado de migracià ³n honesto si se cumplen los requisitos para pedirlo con un mà ­nimo de à ©xito. Finalmente destacar que es una idea muy mala cruzar o intentar cruzar ilegalmente la frontera despuà ©s de una deportacià ³n. La razà ³n es que se activa de forma automtica lo que se conoce como prohibicià ³n permanente. La penalidad es que se restaura la orden de deportacià ³n, puede haber multa y/o pena de prisià ³n y se impone un castigo de por vida para regresar a Estados Unidos. Puntos Clave: Deportacià ³n con Trump en nà ºmeros 256.085: nà ºmero total de deportados en el aà ±o fiscal 2018158.000: deportados en aà ±o fiscal 2018 por Manejar Mientras Intoxicado (DUI)22.796: deportados con acusacià ³n criminal pendiente de sentencia5.872: deportados por condena o sospecha de pertenencia a una pandilla5.571: deportados menores que llegaron a EE.UU. sin compaà ±Ãƒ ­a de un adulto42: deportados por sospecha de terrorismo Este artà ­culo tiene una finalidad sà ³lo informativa. No es asesorà ­a legal. Para ello, consultar con un buen abogado migratorio.