Reasons for the Limited Effects of the International Convention on the Arrest of Ships - Free Essay Example

Sample details Pages: 5 Words: 1597 Downloads: 9 Date added: 2017/06/26 Category Law Essay Did you like this example? Reasons for the Limited Effects of the International Convention on the Arrest of Ships Table of Contents Introduction History of Ship Arrests and Various Maritime Conventions Key Features of International Convention on the Arrest of Ships Reasons for limited effect of the Maritime convention Contradiction with RTAà ¢Ã¢â€š ¬Ã¢â€ž ¢s Lack of clear definition Constantly changing Amendments Recommendations for Effective Implementations Introduction News about international ships getting arrested for crossing borders come up nearly every day. Though maritime technology is at its peak, acts of law violation creating severe diplomatic tension are in constant increase. The essay explores some important legal issues associated with the maritime regulatory development. It starts with the procedure of arrest of ships in historical times and analyzes the ratification status of the main maritime conventions of our time. It examines in detail the International convention on Arrest of ships adopted at Geneva and compares the practical difficulties encountered by the ships in following the rules and regulations of the convention. History of Ship Arrests and Various Maritime Conventions Each country has different laws and regulation when it comes to ship arrest. The USA and the Peoples Republic of China are considered as the main players in the industry as nearly 42% of the all imports in world are done by the USA. O ver 100 million containers filled with goods are exported from China alone to the US annually. The ship arrests laws of each country is closely linked with its history. Ships originally traded valuable goods like silk, spices and gold in ancient times. Chinese ships still dominated the ocean those days as fleets of ships carrying silk and other valuable set sail worldwide to sell their goods. Ships were confiscate those days by looters. It is said South Indian kings and the African inhabitants provided patrol forces to protect the ships crossing their sea line in exchange of gold, perhaps the first duty tax collection. These people set the basic maritime rules, stressing on proper ratification of every ship passing by. Ship arrests in the medieval age changed face with constant military conquests. Ships with ammunitions were often arrested fearing military attack. Trading ships carrying weapons for protection were often mistaken for military ships and attacked brutally. Hence, ch anges were made in the appearance of military and trading ships and flags were hoisted to notify what the ship carried. The current day national policy of the government with the neighboring countries affects the admiral jurisdiction taken by the maritime courts. In England an international ship can be arrested if there is a way to initiate the in rem action against it. The English strictly implements several laws drawn during the 1952 International Arrest convention. The Administration of Justice Act 1956 pointed out several changes in the convention with the view of serving practical purposes. But, England implements the old practices still based upon familiarity and ease of use. The US laws are mostly based on the UK maritime conventions. Scottish laws are also based on the UK laws predominantly. Arrest of ships is an issue of major importance to the trading community in the contemporary world as nearly 48% of the total goods involved in world trade are transported through sea. From machineries to perishable items and things ordered online, millions of items are loaded on huge containers everyday and imported or exported through sea. Crossing borders is a constant procedure for both the ships carrying day to day goods and the ones carrying ammunition. But, sadly there is no regularized global policy allowing secure transport of ships across the sea as each country has its own rules and regulations regarding marine transport. The 1952 Arrest Convention was the first global initiative to set common standard for all countries on how to treat the trading ships entering their territory. Here is a list of the some of the main laws which were drafted over time to regulate the arrest of ships since 1952. Among these various conventions, the 1999 International Convention on the Arrest of Ships drafted in Geneva is the most influential and recent one. The 1999 Arrest Convention is the most modern international regime that governs the procedure of arrest of ships in this decade. Compared to the 1952 Arrest convention, it presents a à ¢Ã¢â€š ¬Ã…“wider definition of arrest and wider scope of applicationà ¢Ã¢â€š ¬Ã‚  (UNCTAD, 2011). The list of claims in the 1952 Arrest convention has been extended to suit the modern needs. However this area of the law is still considered to be developing in the conventions and new amendments are made regularly to the claims. The convention addresses the discrimination between the Regional Trade Facilitation or RTA effectively through various progressive moves. Key Features of the International Convention on Arrest of Ships The convention drafted on March 12, 1999 in Geneva has 17 articles starting with definitions for key terms like à ¢Ã¢â€š ¬Ã…“Arrestà ¢Ã¢â€š ¬Ã‚ , à ¢Ã¢â€š ¬Ã…“Claimantà ¢Ã¢â€š ¬Ã‚  and à ¢Ã¢â€š ¬Ã…“hypothequeà ¢Ã¢â€š ¬Ã‚ . It clearly explains what a Maritime Claim means in the first 22 points addressing every issue from the dispute between the owners of the ship to due charges to be paid in ports and docks. The various sub sections in the convention define who has the power to arrest the ship and the how right should be exercised legally. The convention gives ample importance to RTAà ¢Ã¢â€š ¬Ã¢â€ž ¢s. Since, the key focus for both the regional governments as well as the international ship operators is to earn profit the convention aims in minimizing the discrepancies arising out of following local laws pertained to each country. à ¢Ã¢â€š ¬Ã…“Adopting a coherent approach to the negotiation and implementation of the new or existing regional and multilateral trade facilitation commitments by countries is critical in this respectà ¢Ã¢â€š ¬Ã‚  says a review of the convention (UNCTAD, 2011). Reasons for limited effect of the Maritime convention Contradiction with RTAà ¢Ã¢â€š ¬Ã¢â€ž ¢s There are several contradictions between the jurisdictional rules and arrest conventions in nearly every country. The main objective of the co nvention is to reduce the complexity of the formalities involved in the international trade. If the multiple RTA rules interfere with, all crucial rules, there is no point in following an international protocol. Productive measures to minimize the RTA rules contradicting with the international convention should be taken. Discrimination for the ships of certain country trading ships should be avoided. The contract rules should apply equally to all the trading partners. à ¢Ã¢â€š ¬Ã…“Apply preferential trade facilitation measures to all trading partnersà ¢Ã¢â€š ¬Ã‚  says the convention. The policymaking of the RTA should be modified in such a way it does not affect the trade relations with the particular countries. Since, each country in the world has several disputes with its immediate neighbors rather than major opponents this measure is not practically applicable when it comes to framing national policies. Lack of clear definition Arrest means ceasing a ship in a particul ar territory. But, the ship is free to more around as long as it does not enter a particular place. In case of mortgage or other ownership issues, RTA laws are used to protect the ships. Though there are many definitions regarding all maritime claim terms, many of them are interpreted in multiple ways by the lawyers to make the case move favorable for their clients. Clear definitions regarding key terms should be drawn to ensure they are not misused by the authorities in different countries. Constantly changing Amendments Article 12 and 13 of the convention clearly mentions if any procedure in the convention is in violation with the states laws, the state can notify it to the committee and get it changed before acceptance. States with more than one system of law can mention how far the rules are applicable in a particular area. Nearly 474 RTAà ¢Ã¢â€š ¬Ã¢â€ž ¢s were presented to the WTO requesting state ratification on issues like goods and services security and duty amount re gulations. The points in nearly 351 RTAà ¢Ã¢â€š ¬Ã¢â€ž ¢s considered reasonable and added in the convention (UNCTAD, 2011). Such constant amendments and failure to notify them properly to all the related concerns only cause chaos. Free trade rules often does not recognize RTAà ¢Ã¢â€š ¬Ã¢â€ž ¢s role in interfering with the international property rights and government procurement. But, lack of communication and confusion in following the ever changing protocols make many officials stick to RTAà ¢Ã¢â€š ¬Ã¢â€ž ¢s rather than the rules of the international convention. Recommendation for Effective Implementation Gaining international co-operation on the key laws and ensuring proper communication across the world regarding the standard set of procedures is a must. Amendments in the convention should be made only annually which will make it easy for the officials to follow the changes and keep themselves updated. Clear and well defined terminology which prevents all forms of misuse on the judicial side should be framed. Effective steps to route ships from problematic neighbors in an alternate path should also be taken. Proper measures to ensure the laws are followed strictly will bring the issue to an end. The countries which sign the convention should be made to agree to the key strategies and agendas in the convention rather than bringing up their own RTA rules constantly. Conclusion The International Convention on the arrest of ships has little or no effect in solving maritime claims owing to their sophisticated procedures and easily foreseeable laws. Framed with the good intention of easing and securing the marine transport, the convention had played a significant role in regularizing various maritime claims. It will continue to do so if certain steps are taken to implement the strategies stated in the convention by all the nations in the world. References Don’t waste time! Our writers will create an original "Reasons for the Limited Effects of the International Convention on the Arrest of Ships" essay for you Create order International Convention on the Arrest of Ships (1999) lt;https://www.admiraltylawguide.com/conven/arrest1999.htmlgt;accessed 8th March 2014 Review of Maritime Transport 2011, Report by the UNCTAD secretariat (United Nations, 2011) 129

The Documentary Goes Through The Father - 1888 Words

The documentary goes through the role the father play’s in every stage of a child’s life. Father’s relationship’s begins before birth; children can recognize the mother’s voice while she is pregnant but when the father speaks the child reacts more. The documentary also talks about body changes in the father soon after getting his partner pregnant. There is a hormonal change in the father, which causes physical changes. Dr. Brennan did research that showed 55% of the men he conducted his research on had symptoms that most associate with pregnant women. That is known as a couvade syndrome which happens with the increase of prolactin. Experiment conducted showed that prolactin increases after a 15 minute period of a father holding his baby†¦show more content†¦Once a toddler, the physical play with child and father can help their children to learn. They learn how to push their limits and take risks with specific physical play. According to th e documentary, father plays a more important role than mothers in language development because they talk to their children like adults and not with â€Å"baby talk†. In the documentary, kids are told to describe what their parents do for them and they draw their father as the parent they play with and their mother cleaning and cooking for them. The dad is seen as the entertainer and the mother as the nurturer. Single fathers are also capable to take care as single mothers are but are done very differently. Some of those differences from single mothers are that single father have more emphasis to teach their children to be more independent. Single fathers create more of a daily routine in contrast to single mothers. Hardest role for the father to play is when their children become teenagers. Once their child becomes a teenager they are no longer the entertainers but the disciplinarian. The documentary states that fathers are more effective at controlling teenager behavior whe n they explain the rules rather than punish them, which is done better by fathers rather than mothers. In the documentary two different families are brought in for an experiment to show the difference of discipline with mother and father. The experiment shows that mothers

Operations Management Of KFC Australia †MyAssignmenthelp.com

Question: Discuss about the Operations Management Of KFC Australia. Answer: Introduction In any business organisationoperations management deals with the functions by which the company runs the business on a daily basis. Creating efficiency among the employees to improve the process of daily operations is the primary role of the operations management department. This is essential as the people working in the organisation who perform the daily tasks should be monitored and managed in order to make sure that their efforts are providing the organisation a way to achieve the objectives.Operationsmanagement is responsible for using the resources that are available at the disposal of the company and generate products and services. The approach attempts to balance the costs with revenue to achieve the highest net operating profit of the company.Supply chain and logistic play an important role in the daily operations of the business as inventory of the business will ensure the process of output (Jacobs et al. 2013).Inventory management through supply chain is an important functi on of the operations management, which is achieved with the help of analysis of the local and international trends, requirements of the customers and the available resources for production.The internal resources of the organisation directly impact the quality of the product and services as well as the process by which the company can improve the operations of the business. Operations management can be described as the portion where business process, finance and technology meet (Jacobs et al. 2013). In order to undertake the analysis of this assignment the organisation that has been taken to study is KFC Australia. Overview of the company Kentucky fried chicken or KFC is an American multinational fast food chain of restaurants which has gained popularity in the food and beverage industry due to the quality, availability and the strategic management decisions that is followed by the company. The organisation holds a significant position in the market and has stores in almost 20,000 locations internationally the company operates in approximately 123 countries (Kfc.com.au 2018). Yum! Brands is the parent organisation. Established in 1930, the company has come a long way in the business operations keeping up with the quality of the product and meeting the requirements of the consumers (Kfc.com.au 2018). Components of operations management in KFC Operations management plays a very important role in a business model like KFC, in order to ensure an efficient performance the company employs and integrates the operation process. With the help of constant management control and co-ordination operations the company drives to achieve the objectives. Product evaluation, product distribution, advertising and promotion, sales and service and product development are some of the activities of the operations management in the company (Davis et al. 2018). The objective of the operations management of the company is to improve balanced food choices for the organisation is committed to reducing sodium and sugar as well as trans-saturated fats to less than 0.5% without compromising on taste or quality of the products (Brown and Bessant 2013). The company is driven by the quality of the products, timeliness of the commitment and requirements of the customers and in order to deliver all of this operations management plays an important role the components of operations management in the organisation are as follows: Procurement process To deal with the changing and diverse menu that the company offers the raw materials are essential part of the operations process. The raw materials that the company uses can be divided in to two sections edible raw materials and non-edible raw materials. Furthermore, this can be divided into simpler sections in edible raw material section the company has dry items and wet items. The company has its own warehouse in the region of operation, in order to keep the materials fresh. In the warehouse the perishable items are kept in order to ensure that there is continuous supplies of resources for the branch to operate. These include the burger bun, chicken, spice mix, vegetables, oil among others (Chen et al. 2015). The non-perishable material that is used is mostly for packing purposes. The materials are gathered from the vendors who are third parties and then these are stocked in the warehouse. From the warehouse these materials are sent to the branches as per the order that has been placed by the manager based on the forecast of the demand of the items. This process is ideally done thrice a week and the transportation and the management is looked after by the employees of KFC. The warehouses of KFC are placed according to the region of operation in Australia so that the processes of delivery to the branches are quick in order to retain the freshness and the quality of the product (Mok et al. 2013).The company follows a DRP approach which enables them to control the inventory fluctuations and also determine the time-phased inventory necessities. Some of the prerequisites of being the supplier of the core ingredient of the menu chicken are that the supplier has to be a member of the Australian Chicken Meat Federation and has to diligently obey the Model Code of Practice for the Welfare of Animals, Domestic Poultry(Csr.kfc.com.au 2018). The company ensures that 85 percent of the raw materials that are used in the operations of the output of the products and services are sourced from Australia. Inghams, Steggles and Golden Farms are some of the key suppliers in the region. 97 percent of the chicken that is used by the restaurants are non-frozen and are fresh which helps in retaining the quality of the product (Csr.kfc.com.au 2018). The flour, burger buns and tortillas is also supplied by local vendors such as George Weston Foods, Manildra and Allied Mills (Csr.kfc.com.au 2018). The potato that is used is the process is supplied from Tasmania and Victoria. On the other hand, lettuce and tomatoes are sourced from the east and west coasts of the country. The organisation states that every week the company uses around 32 tonnes of lettuce, 16 tonnes of tomatoes, 70 tonnes of fresh burger buns and 16 tonnes of fresh dinner rolls in the restaurants throughout Australia (Csr.kfc.com.au 2018). Product and service There are a number of employees associated with one branch of KFC restaurant. Every branch has a manager and there are people who are responsible for taking the orders making the orders, serving the orders and dealing with the issues of the customers. The operation of a branch in Australia is based on the menu that is being served in the restaurant. The manager of the branch is responsible for coordinating with the distribution and the warehouse department. The finance and the management of each branch is also dealt by the manager (Brandenburg et al. 2014). Customer service The role of operations management in the company in the customer service sector is to enhance the process and develop the operations as is possible with the given resources. Maintaining the quality of the product the service that is offered has to be consistently good in order to achieve the objective of the business. The operations management also analyses the demand trend of the products and innovates the menu accordingly. The company invests in training the employees to improve their skills and speed. The operations management also develops innovative ideas every year 40 on average. The above stated components are some of the most important aspects of the business strategic management decisions and policies of the company are built on the basis of these operations. Decision making in operations The DRP (Distribution resource planning)processes have some of the following aspects: the main demand planning, inventory files, supply the resource files; procurement plans, distribution plans (Hoch and Dulebohn 2013). Planning: in order to meet the targets and achieve the objects of the company the management has to look out for scope of development and changes, this requires planning. In KFC operations planning play an important role in strategically locating a place to build a restaurant, apart from that planning of the course of the operation for a week in case there is pressure and excessive demand. The company uses Total quality management approaches in the daily operations of the business to ensure the best quality and best service. Following the principle of continual improvement recommended by Schonberger planning is essential in every step of operations from distribution to procurement to customer service among others. Another principle of operation management is focus, it is one of the major aspects in the planning process, and the company has to align the objectives along with the operations process so that the effort is concentrated and organized in a streamline. KFC management ensures that every operational function of the organisation is structured and is executedefficiently (Schonberger and Brown 2017). Scheduling: The process of distribution, procurement and the timeliness of the service to the customers are all based on the way the process is scheduled. There should be provisions made by the company in case there is an overflow of work to maintain the timeliness of the process. Distribution of the raw material is something that is scheduled by the branch managers according to the requirement of branch. The management of the company will ensure that there is a continuous flow of resources this brings to the principle of organisation of the resources which will help in scheduling the operations in an effective manner (Hoch and Dulebohn 2013). Inventory management:The inventories of the company are discussed above.The restaurant follows a First In First Out approach to manage the resources and the inventories as the company deals with the perishable items. This is the part of the Distribution resource planning approach that the company implements in order to ensure the process of Distribution and procurement are effectively implemented. The principles that are followed in this process are forecasts of the demand, the restaurant reports to branch distribution center on the basis of the demand forecasts, the distribution center procure the items from various suppliers in Australia that are mentioned above (Hoch and Dulebohn 2013). The role of operations management in the strategic management Strategic management is the process by which a business organisation forms the policies and the decisions of the business. Some of the basic functions of strategic management of a business is to formulate the goals and objectives of the organisation based on the business as well as the operations. This further helps in formulating the policies and decisions of the business. it is the way in which an organization manages the business organisation as well as the daily operations of the business. The responsibility of operations management is to effectively perform in order to reach the objectives that are created by the strategic management process. Strategic management ensures that every decision that the management takes is based on a rational reasoning and is backed up by sufficient data. Improvement of the efficiency, development of the effectiveness and increasing the flexibility of the operations are the major objective of the operations management of KFC. The foundation of strategic management can be described in the following functions: It helps in defining the business by documenting the vision and mission statements as well as states the values and principles The definition of the organisation is followed by the measurable objectives which is formulated by the values and principles of the company Organizing a plan in order to achieve the objectives with the help of marketing, administrative, financial as well as operational strategies Implementation of the strategies Evaluation of the impact of the strategies in achieving the objectives This indicates the role of operations management in strategic management, KFC is a multinational organisation that has set target market to meet. The company uses strategies like differentiation in order to achieve an advantage over the competitors any of the strategy the company formulates have to be back up by a strong operational function base. (Hoch and Dulebohn 2013). Conclusion It can be concluded from the above discussion that KFC Australia is very well structured in terms of its supply chain which includes distribution, procurement customer service. The company ensures that most of the products that are used as raw materials are sourced from Australia. The organisation is also a large contributor towards employment in the area of location in terms of suppliers, restaurant workers, branch managers, warehouse keepers etc. The operations management of the company ensures, quality, timeliness and loyalty among the customers. References: Brandenburg, M., Govindan, K., Sarkis, J. and Seuring, S., 2014. Quantitative models for sustainable supply chain management: Developments and directions. European Journal of Operational Research, 233(2), pp.299-312. Brown, S. and Bessant, J., 2013. Strategic operations management. Routledge. Chen, E., Flint, S., Perry, P., Perry, M. and Lau, R., 2015. Implementation of non-regulatory food safety management schemes in New Zealand: A survey of the food and beverage industry. Food control, 47, pp.569-576. Csr.kfc.com.au., 2018. We're fanatical about bringing the irresistable taste of KFC to our customers.. [online] csr.kfc.com.au. Available at: https://csr.kfc.com.au/food.html#food_4 [Accessed 5 Apr. 2018]. Davis, B., Lockwood, A., Alcott, P. and Pantelidis, I.S., 2018. Food and beverage management. Routledge. Hoch, J.E. and Dulebohn, J.H., 2013. Shared leadership in enterprise resource planning and human resource management system implementation. Human Resource Management Review, 23(1), pp.114-125. Jacobs, F.R., Chase, R.B. and Lummus, R.R., 2014. Operations and supply chain management (pp. 533-535). New York, NY: McGraw-Hill/Irwin. Kfc.com.au., 2018. About us. [online] kfc.com.au. Available at: https://www.kfc.com.au/about-us [Accessed 5 Apr. 2018]. Mok, C., Sparks, B. and Kadampully, J., 2013. Service quality management in hospitality, tourism, and leisure. Routledge. Schonberger, R.J. and Brown, K.A., 2017. Missing link in competitive manufacturing research and practice: Customer-responsive concurrent production. Journal of Operations Management, 49, pp.83-87.