Evaluating Ethics Essay Example | Topics and Well Written Essays - 500 words

Evaluating Ethics - Essay Example However, there is no written code of ethics of the company.1 However, company works on the basis of stewardship in which it defines its relationship with the external world and its member community especially. This stewardship includes some priority areas set by the company which outlines its responsibilities towards the community and external world. These priorities include the active conservation of nature, responsible use of the outdoor activities, adapting responsible business practices to enhance and improve the external world, â€Å"foster opportunities to increase participation in human-powered outdoor recreation, with a focus on youth2†. It is because of this reason that REI has been developing eco-sensitive products. â€Å"Everyone at REI is charged with nurturing the spirit of openness, honesty and integrity that is so much a part of the fabric of the REI culture. Doing the right thing is a way of life here. REI has taken a firm stance on business ethics and social compliance. We hold ourselves and our vendors, both domestic and international, to high standards and take seriously our commitment to act as a concerned corporate citizen. Our strict sourcing code ensures that goods carrying the REI label are manufactured with due regard for workers and the environment.† (REI) The above quote strictly outlines various ethics of the company. It not mentions about REI’s values but also clearly mentions about the commitment of its employees. In terms of training, REI strive to deliver it on two counts. One to its employees and second to its customers so that its policy of the conservation of nature can be achieved through development of eco-friendly products. Further, in terms of monitoring, REI works as a Co-op where its members are regular visitors besides since employees of the organization itself have the desire and passion about the outdoor activities therefore monitoring at the company take place on multiple counts. First

The course of Civil War Essay Example for Free

The course of Civil War Essay To what extent did the military strategies and tactics of the armies of North and South change during the course of Civil War? Strategies and tactics did not change drastically in the South. The Strategies used by South were constant. At the beginning of the war, both side had the impression that the war would be short but this was not the case the war lasted for 4 years. During the war, the North was more offensive to the South. On the other hand, the South was always on the defensive side, they were trying to gain more sympathy. The evolution of weapons and communication improved a lot and changed the nature of the warfare. Furthermore, both sides reduced the amount of cavalry that they used in the civil war. Both sides also limited the amount of artillery that they used. In fact, the rifles were more useful than the artillery. The South also used the Guerrilla warfare against the North during the Civil War. Additionally, the influence of the naval war increased as the war went on. Overall, both sides did change their military strategies during the Civil War. But it was hard to argue that both sides had an enormous change in their military strategies and tactics. At the beginning of the war, 1861, both sides were not prepared for the war. At the beginning of the Civil War, the Union had only 16,000 men in the army, and only 90 of them were in the War Department. The Union was not ready for the war was due to the leadership problem. General Winfield Scott, the Union general had no idea about any strategic plan and no programme for mobilisation. Moreover, the President of the Union, Abraham Lincoln had no military experience at all. On the other hand, the Confederate had a little advantage of its military organization. The President of the Confederate, Jefferson Davis at least had some military experience. Under Davis control, there were 300 officers resigned from the Union and who joined the Confederate. Moreover, there were also state militias in the South that prepared for the war. In the early of 1852, both sides suffered number of men in the army, there were not enough soldiers for both sides. In March 1862, Davis introduced conscription that every white man, age between 18-35 had to server in the military service due to the end of the war. Davis believed the conscription act would help to increase the number of men in the army. On the other hand, the North also had the Carrot and stick approach to try to increase the number of men in their army. The stick approach was a Militia Law which was similar to a conscription act which forced people to serve in the military service. By 1865, both sides raised enormous armies, and there were 900,000 men in the Confederate and there were 2. 1 million men in the Union side. The North increased its number of men in army from 16,000 in 1861 men to 2. 1 million in 1865. On the other hand, the south increased its number of men in the army from 160,000 in 1861 to 900,000 men in 1865. Statistically, both sides had increased their number of men 10 times or even 20 times more in 5 years. Both sides have also changed their tactics on offensive and defensive. Once the rifle-musket was used by both sides, the defending force always had a great advantage. This was because most of the soldiers were in trenches when they were defending. However, the attacking force had to move forward to be able to captured enemy’s flank. The Consequence was that casualties would be heavier on the attacking side. It was hard for the attacking side to win the battle. In large scale battle, attacking force formed 2 lines. First line was working forward to try to kill as many enemies as they could. Second line would be fed in to restore the attacks momentum. Each line had about 1000 men. Again, casualties would be heavier on the attacking side because while they were attacking, they were in open ground without any protection. In May 1864, 19 millions bullets were fired in a single week in North Virginia. As the number of bullets that were fired in a week, it is easy to imagine the amount of soldiers who died on the battle field. Moreover, the Confederate used Guerrilla warfare during the war. There were guerrilla dimension in Missouri, Kentucky, Arkansas and Tennessee. The guerrilla warfare helped the confederate but this help was very limited, because guerrilla warfare was not popular at that time. Overall, the new tactics on offensive and defensive leads to huge amount of casualties on the battle field, and there was a significant change in the tactics of offensive and defensive during the Civil War. The evolution of weapons and communications has changed the nature of the warfare. In previous wars, both sides were still using the smoothbore musket which only had about 100 yards range. But in 1855, both sides were using rifled weapons instead of smoothbore musket. Those rifled weapon with the adoption of the minie ball have the shooting range up to 600 yards. In fact, it was more accurate. These improvements of the weapons made a huge impact on the battle field. Of course, the consequence was more casualties in both sides. The communication in both sides has also improved a great deal. Both sides had developed more railway tracks, so men and resource could travel around and supplied more efficiently. There were also steamboats in both sides that played an important supply role on the Mississippi and its tributaries. Moreover, there was telegraph that enabled the commanders to communicate with his units even if there were far away from each other. Both North and South strategy and tactics were affected by improvements in communication. The use of cavalry and artillery did not play an important role in the Civil War. The cavalry was not involved in any direct attack in the civil war. The cavalry was used to guard an army’s flanks, obtain supplies and cover retreats. The accuracy of rifle-fire meant that cavalry were no longer a major force on the battlefield. About 20 per cent of the confederate and 15 per cent of the Union troops were cavalry. At the beginning of the Civil War, the confederate cavalry was better than Union. This was because the good morale and good leaders like Jeb Stuart. However, by 1863, the Union cavalry was just as good as the confederate cavalry. Even though, there were not a lot of cavalry troops in both sides, it still gave out certain help like giving out supply. Moreover, the use of artillery did not play an important part in the Civil war as well. This was because the use of artillery could not be well used in the areas that took place in the Civil War. Moreover, riled-musket was more useful compare to the cannon. Furthermore, the north had better potential to produce more and better guns because of their strong industrial support. Moreover, the confederate manufactured some of its own gun, but it was not as good as the Unions. Overall, the use of cavalry and artillery did not have a significant role in the Civil War, but in fact it did affect both sides in some aspects. Both sides show a significant change on their naval warfare. In April 1861, the Union only had 8800 men in the navy. They only had 90 ships and only few of them were in action. However, the confederate was even worst. They did not have any navy at all in 1861. As soon as the war started, the North sent the merchant marine to blockade the South. And the amount of the ships in December 1861 increased to 260 warships on duty and 100 more were under construction. Blockading the South gave huge advantages to the North. This was because the Confederate could sell cotton in Europe in order to manufacture more new technology. However, with the blockade, they could not trade with any other countries. So the South would not be able to get money and manufacture any goods. The number of ship that increased by North between April 1861 to December 1861 was enormous. The result was that the South could not rely on its trade with other countries and lead to poor economic. The Union had an enormous change on their naval warfare but the Confederate did not. The military strategies and tactics of the armies of North and South did in fact have changed during the Civil War. Both sides did have changed on their offensive and defensive tactics, new weapons and communication. But on the other hand, both sides did not change on their cavalry and artillery. So it was hard to argue that both sides have enormous change in all aspects.

Privacy versus freedom of expression

Privacy versus freedom of expression The media in their long history have shattered countless reputations and destroyed countless careers. We have driven people to suicide. We have caused immeasurable emotional pain, suffering and humiliation, not only to individuals but to familiesand to entire communities (Goodwin and Smith 1994, p. 280) President of the International Automobile Federation (FIA), Max Mosley sued the News of the World for breach of confidence and was rewarded 60,000 pounds as compensation on winning the case. The Sunday journal clandestinely filmed Mosley taking part in an orgy with five prostitutes in a Chelsea flat and splashed it all over the paper and the web. The paper alleged that the orgy had a Nazi theme to it and broke the news with the outrageous headline F1 BOSS HAS SICK NAZI ORGY WITH 5 HOOKERS. This brings forward the everlasting debate over privacy versus freedom of expression. Archard (1998: 83) claims that Privacy has to do with keeping personal information non-public and undisclosed. Freedom of expression on the other hand, upholds the rights of all to express their views and opinions freely (Freedom Of Expression {online} link: http://www.hrea.org/index.php?base_id=147: accessed 22.12.09). However, the extent to which the privacy of Max Mosley has been intruded into by the family newspaper is unacceptable in my opinion. There are certain parameters to the freedom of press that have to be maintained and this was certainly indecent and unethical scheming on the part of the News of the World. International supermodel, Naomi Campbell filed a case against The Daily Mirror for breach of her right to privacy. The paper disclosed that she secretly attended meetings of Narcotics Anonymous. It was in public interest to publish that she was a drug addict and that she was being treated for it but where she was being rehabilitated, what her reaction to it was and surreptitiously collecting photographs of her leaving after a treatment session, was going much too far. Therefore, the judgment in favour of Max Mosley, Naomi Campbell and similar cases like Michael Douglas and Catherine Zeta Jones versus Hello! Magazine do not chill press freedom but only draw a line minding the excesses of the media. This would lead the press into focussing on meaningful news coverage and control any digression into agenda based news reporting for exciting the public. As Legal analyst Joshua Rozenberg said the court ruling in favour of the FIA President was a warning to journalists.(Mosley Wins Court C ase Over Orgy, 2008 {online} available from http://news.bbc.co.uk/1/hi/uk/7523034.stm : accessed on 16.12.09) Alongside this will limit the power the media has over peoples minds and life altogether which has been misused for profits in this and other similar cases. Subsequently, I would like to point out that, be it the motor racing chief or any celebrity nobodys personal life can be made a public spectacle. Big names are liable to the public to some extent but filming somebodys intimate moments followed by a so-called newsworthy piece published about his/her sexual interests is objectionable. I found here a creeping sense of commercialism considering the choice of story and the sensationalised language used in it by NOTW. Many in the media arena agree with US journalist Carol Marin who claims we are afraid of being unpopular, we are afraid of shrinking markets.'(CJR forum1998, p. 3). Also whatever Mosley may do in his personal life, as long it does not affect his work or as far as he is not merging his professional life with his personal life he is free to pursue whatsoever. News of The World seems to be thriving on the idea if it bleeds, it leads- they did not consider it essential enough to translate the German spoken in the video to under stand what it said, tagged it as having Nazi undertones and rashly threw it open for the public to watch. Clause 10 of the code of practice of The Press complaints commission Clandestine Devices and Subterfuge, sets a ban on the use of hidden recording devices as a method to gather information unless it were the only way to disclose a public interest story. The method used by the tabloid to bring out the story was inherently flawed it is his personal life and the defence of public interest is altogether irrelevant. There is no harm in being a part of such a scenario between consenting adults on private property. Paying an informant to secretly record the orgy was one thing but along with that drawing metaphors like the alleged Nazi connections was completely appalling. On this point I would like to elaborate that basing a persons actions and drawing conclusions keeping in mind his family history is completely unfair and is a very narrow outlook to a situation. As Mosley told Mr Justice Eady on his first day of giving evidence in the High Court, All my life I have had hanging over me my antecedents, my parents and the last thing I want to do in some sexual context is be reminded of it.(2008) In Quotes: Mosley Trial, The BBC, link: http://news.bbc.co.uk/1/hi/uk/7510193.stm: accessed 18.12.09. Having the blood of a Nazi supporter and founder of the British Union of Fascists, Sir Oswald Ernald Mosley should not imply that even Max Mosley has the same offensive beliefs and ideology. It is entirely unjustified to back up Mosleys story of having a Nazi-style orgy and defame him by digging out some facts like insulting family history or any similar far-fetched connections that encourage a hostile impression of him. The News of the World stole my image and my dignity, said motor racing boss to the BBC. The humiliation caused to Mosley and his family is irreparable. There seem to be clear formulas adopted by newspapers covering such stories they create a hype which boosts the demand for such papers. This is meddling too much with Mosleys personal life and such a story is no ones business. Had Max Mosley made a speech before the public that had Nazi implications to it or had he influenced any third person with his supposed Nazi loyalty then it would fulfil the public interest defence for publication. In this case, it was an extremely personal set-up and even if it was a Nazi oriented one it is his personal life behind closed doors it is clearly of no interest to any outsider. In Nick Davies book Flat Earth News (2008), he has referred to such irresponsible journalism as churnalism. Journalists have a huge responsibility towards man and unfortunately this is being overlooked by focussing on sensational news. I would end with something that Mr. Roy Greenslade says, No better reason to be a journalist than to make a change in peoples lives.

Flowers from the Storm Essay -- Literary Analysis, Jane Eyre

Romancing the Gothic Romance novels come in many different styles with a variety of subgenres, themes, and character blueprints. Jane Eyre and Flowers from the Storm are no different. Both Jane Eyre and Flowers from the Storm are romance novels, with Jane Eyre continuing early nineteenth century Romantic period traditions as well as a novel with a romantic relationship between two characters. Flowers from the Storm is a historical romance which is patterned after Bronte’s Jane Eyre. Laura Kinsale, author of Flowers, has won a variety awards for her writing, including the 1996 RRA-L Romance award for best all-time favorite romance for Flowers; Bronte’s Jane Eyre came in second. Jane Eyre, a novel by Charlotte Bronte, is a gothic romance about a plain governess and a dark hero who eventually fall in love with one another. Likewise Kinsale’s, Flowers from the Storm, delivers the same generic conventions with a religious, plain, young woman and a misunderstood hero, who come together to develop a lasting romance. Charlotte Bronte first published Jane Eyre in 1847, under the pseudonym Currer Bell, a novel which has since become a success by earning its way into the literary canon. Bronte was born in 1816 in Yorkshire England and studied at the Clergy Daughters' School. After leaving school she became ever more interested in writing and reading Byron, after whom she later fashioned Rochester. Joyce Carol Oates relays, â€Å"for Jane Eyre, whatever its kinship to eighteenth-century Gothic and however melodramatic certain of its episode [†¦], is nonetheless a work of stubbornly idiosyncratic intelligence.† (7) With the publication of Jane Eyre, Charlotte Bronte earned the respect of every generation that followed. Laura Kinsale, ... ...le for historical fictions and furthered the love of the style for many writers and readers alike. The romantic period is over. Yet the writers and characters who flourished in the period are still around in the homes and minds of many aspiring writers. Of course Charlotte Bronte and her peers are important to novels like Flowers and others like it. They are the blueprints for not only the way many authors write, but the way the readers expect the stories to unfold. They are the reason for the memory of the Romantic and gothic and their influence is the reason why so many choose to write the style. Forgetting which novel holds the most value, one must remember that literature doesn’t just refer to what’s in the literary canon; it also refers to what’s on the bookshelves in the homes across this country, because today, Jane Eyre is almost as popular as Flowers.

Ntozake Shange :: Male White Dominance Essays Prejudice

Ntozake Shange After spending a semester looking at Gardner's limited selection of people, I became frustrated at his blatant message that White male creativity is the only one to exist. With his obtrusive message in mind, I felt the need to challenge Gardner and his model to become less Euro-centrally male driven. In order to confront him, I have chosen a person who is neither, White nor male. Instead, she is a Black American woman who I can consider to be, in many aspects, a creative genius. Although I find it incredibly hypocritical to try to fit Ntozake Shange into Gardner's creativity model, for all intensive purposes for the class I will first point out how she does meet his model. Next, in accordance with Black feminists, I will examine why she does not fit into Gardner's creativity model and frankly, why it does not matter that she is not shaped into the model. Further, I will confront the issue that marginal people are rejected society's cannon (i.e. the white male cannon), and how Gardner, in the position of a writer he could have broken down some of these barriers. Ntozake Shange does fit into five of the seven intelligences in Howard Gardner's model. As a performance artist, poet, musician, writer, and politician, Shange's intelligences span the interpersonal, spatial, kinesthetic, musical, and verbal talents. She blends music, drama, and poetry to characterize the Black experience in America, particularly the Black female experience. Her works empower women to take responsibility for their lives by learning to love themselves and challenge their oppressors. Shange's life and works give clarification and direction to the current feminist movement (Black Women in America). Furthermore, her supportive back-ground fits her into Gardner'stheory that, "the roles of family and teachers during the formative years, as well as the roles of crucial supportive individuals during the times in which a creative breakthrough seems imminent" through the lives of creative people (8). Paulette Williams was born to Eloise and Paul Williams on October 18th, 1948. Later in life, Paulette Williams changed her "slave name" to an African name, Ntozake Shange. Ntozake means "she who comes with her own things" and Shange means "who walks like a lion" (Current Biography 1978). However, in her earlier life, Shange lived a seemingly comfortable life. Her mother was a psychiatrist/social worker and her father was a surgeon. Despite their Blackness in a times of segregation, Shange was given violin and dancing lessons while exposed to other artistic activities as well.

China’s Compliance with its obligations under GATT and WTO

The history of China and the General Agreement on Tariffs and Trade (GATT) dates back to 1948, when China became a contracting party after being among the 23 founding members of the organization. In 1950 however, the country under the Kuomintang government pulled out of GATT, but was later granted an observer status in 1982 after pleading that the pull-out was not done by a legitimate government. By 1986, China’s persistence to resume its position in GATT set a platform for talks with other member countries, which continued throughout the 1990’s. The country only managed to regain its membership in 1999 and joined the World Trade Organization (WTO) in 2001. By Joining WTO, China agreed to be bound by Subsidies and Countervailing Measures Agreement (SCM), GATT and Trade-Related Investment Measures Agreement (TRIMs) trade agreements. The entrance of China to the WTO was of great importance not only to the country, but to other world economies, which had observed the economic expansion of the country with heightened interests in the past decades. In 2000 for example, China was the world’s eighth largest importer and the seventh largest exporter of goods. The country accounted for $249. 2 billion in exports and $225. 1 billion in imports. In the commercial services sector China ranked twelfth in position at $ 29. 7 billion, while it was it was ranked as the tenth largest importer at $34. 8 billion (WTO news ). It was not however smooth sailing for the country and the other WTO signatories mainly because China is enormous in size and had a set trade regime by the time it joined WTO. As such, a change of the country’s legal and regulatory system in trade was required in order to ensure consistency with the WTO regulations. Although most countries supported the entrant of China to WTO, many observed that compliance for the country would not only need dedication, but also transparency. Sentiments regarding the hard task ahead for China were for example expressed by the United States’ Trade Representative, Mr. Robert Zoellick in 2002 , who said that since China had freely chosen its WTO obligations freely, other countries expected that the country would comply with all. Zoellick however agreed that meeting some of the obligations would not be easy for China, but would play a major role in ensuring that China was open to trade with the rest of the world. CHINA’S WTO OBLIGATIONS China took up obligations laid down in GATT, under the WTO by agreeing to non-discriminate and equally treat national trade from WTO member countries and also agreed to a adhere to the national trade policies as set out by WTO. First on China’s list of obligations under GATT/WTO, was the quota’s withdrawal requirement as earlier stated by the People’s Republic of China, under a protocol document. The country was also obligated to conform to the GATT 1994 agreement and the WTO agreement that addressed procedures involved in import licensing. Another obligation was the right to have enterprises in China trading in exports and imports as authorized under the customs territory of China. As such, China agreed to wipe out state import monopolies earlier maintained in the agricultural sector. In addition, china was required to subject all its imports and exports to rules set out under the WTO. More to this, the country was also subject to varying terms regarding price control restrictions and state trading (Vallera pp 2-3) GATT obligations included the prohibition of restrictions on imports specifically agriculture related imports. Another requirement under the GATT agreement related to giving imported goods equal treatment with the domestic products. In addition, the GATT agreement spelt out that fees or charges imposed on imports would be approximate to services rendered (Williams, Brett p 3) GATT Requirements GATT was a brain child of the United States, which first floated the idea of regulating 45,000 tariff rates in 1947 during an international conference held in Geneva (econ. iastate. du) . A year later, 22 other countries signed the trade agreement. Under GATT, a member country was to treat other signatory countries as a â€Å"Most Favored Nation† (MFN). The MFN treatment assured GATT member countries that non signatory countries would not receive lower tariffs than them. China was at war during the early years of the implementation of GATT, the discussions to rejoin GATT , which started in the 1980’s was further curtailed by the Tiananmen announcement , which marked halted Chinese interaction with the GATT member countries in 1989 (Skanderup p32) . On resumption of the talks in 1995, WTO had taken over from GATT and with the new identity came stricter requirements, which often led to stalemates of the negotiations. It was however, china’s realization of economic gains in terms of expertise, technology and capital gains from other countries that eventually convinced the country leaders of the importance of joining GATT/WTO. China was petitioning to be recognized as a developing country upon resumption to GATT/WTO. This was rightfully so because despite China being the largest economy among the developing countries, most regions in the country still registered very low GDP. Being recognized as a developing country allowed the country to enjoy special benefits under the agreement. Such included the elimination or reduction of tariffs on products from the developing countries; developed countries were also encouraged to avoid imposing tariffs and internal taxes on products from the developing countries. More so, the developed countries were alerted not to expect reciprocal trade from the developing countries (econ. iastate. edu). Compliance with WTO By the time that China was re-admitted to the WTO, the organization had 140 countries signed up for membership. The Bilateral agreement between china and the other member countries was therefore complex and long, such that the entire document was 900 pages and covered every aspect of trade as discussed. It was a consensus that China would implement some of the agreements in the 900 page document immediately, while others would be stretched over a five year period. Others still w ere expected to last the entire decade before China could finally reform its system entirely to match the compliance requirements. To aid the Chinese government in this, a WTO secretariat was appointed, with an assisting 16 subcommittees being mandated at monitoring the country’s progress and producing annual reports about China over an 8 year period of time (Skanderup, Jane p32). On its part, the Chinese government took up massive public education campaigns that sought to offer insight on what compliance meant. Local universities started offering degrees on international law, finance, foreign trades and trade. By the look of it, China had every intention to stick to the rule of WTO. Foreign governments, such as the United States government extended a helping hand and offered to create oversight bodies in Chinese state departments with an aim of ensuring that China complied with the WTO agreement. Transparency China did not always operate transparently in its trade dealings, regulations and decision making. As such, the WTO requirement signified a great shift in the country and so far, the country has done well in compliance with the GATT/WTO requirement’s on transparency. In this, China publicized trade related laws to improve how people accessed them. The most notable efforts were from the Ministry of Commerce, which adopted impressive policies with the aim of complying to the WTO transparency requirements (United States Trade Representative). However, there were complaints that China was not fast enough in its compliance. This was especially the case with short term goals that were supposed to be met within the first two years. In a 2004 review, it was noted that China had challenges with conforming to transparent practices especially with international set standards and value-added tax. In the six year period ending in 2007, China had eight dispute cases filed against it by other WTO members (Stewart et al p7) . Five of these cases were by the United States, while the European Union, Mexico and Canada had one case each. The eight cases were based on china’s non-compliance on Value added Tax, automobile imports, tax reductions and exemptions, trading rights, distribution services and intellectual rights on publication and audiovisual. The Transitional Review Mechanism is in charge of monitoring China’s progress and has raised these issues. Because of non-compliance, foreign and domestic business suffers frustrations when establishing businesses and often suffers from systemic uncertainties. Because of the language barrier, China still under the transparency requirement agreed to translate laws and regulations relating to trade into French, English or Spanish. The country also agreed to modify hundreds of its laws and regulations in order to become WTO compliant (USTR. gov) China also agreed to eliminate the local content requirement, foreign currency balancing requirement and export performance requirements from its laws. Allegations that China still manipulates its currency to date however abound. Intellectual Property rights China has been accused of not doing enough to ensure that the intellectual property rights are upheld in the country. Since joining the WTO, a 2007 TLAG report states that IPR infringement was at its worst in 2005 and 2006. To make it even worse, the report indicates that China had demonstrated no initiatives in trying to reform the criminal code in the country, which is the only way through which the country can enforce the protection of the intellectual properties (Stewart et al p11). Industrial policies China’s industrialized policies have always sought to protect local industries. This was meant to change after the ratification of the WTO agreement. However, complaints from other countries still abound pertaining to china’s protectionism measures over its auto part industry, export restrictions, regulatory interventions and subsidies on domestic industries. Subsidies China agreed to eliminate subsidies on exports and industrial goods. This was done under the Agreement on Subsidies and Countervailing Measures (SCM), China further agreed to stop subsidies on state-owned enterprises especially because some of the state owned companies were not profitable and only aided in destabilizing trade. The SCM agreement only prohibited subsidies on a limited range of products, and imposed countervailing duties. Such compliance encouraged Chinese industries to become more competitive especially because they were exposed to market pressures from foreign investors. Discriminatory Safeguard By acceding to the safeguard agreement China agreed to steer clear of WTO inconsistent tariffs and quotas, except those allowed by the organization on temporary measures. Under this agreement, non-compliance by China would earn her penalties that would see other WTO members imposing tariffs and Quotas on Chinese products, while denying China the ability to counter such actions (Halverson, Karen). Trading and Distribution rights China has scored fairly well in this front. However, the complaints from other member countries allege that the country still impose restrictions to specific products. Among the cases highlighted are import restrictions on copyrighted materials such as periodicals, books, audio and audio-visual products. The 2007 TLAG report indicates that China is yet to fully comply with the direct selling requirement since it still restricts direct sales from foreign companies (Stewart et al p12). Agriculture China has largely complied with the agricultural requirements but this depends on the market situation. At times, the country employs selective market interventions that cause delays in agricultural shipments. In addition, the country sometimes applies scientific rationales with the intention of preventing some agricultural commodities from entering her market. Other complaints allude that China lacks a consistent and predictable regulatory administration, which is laden with capricious practices in the customs departments. The Chinese agricultural market also lacks predictability and transparency. China’s agriculture obligations included her commitment to avoid providing export subsidies to the domestic producers. China also was obligated to lift the meat, citrus products, corn and wheat bans. The country further had to implement some tariff –rate quotas that world provide sufficient market to farmers from signatory countries. Services- Arguably, this is among the sectors where China has scored the least points as far as compliance to the WTO commitments is concerned. Despite the initial promises made under the general Agreement on Trade in Services (GATS), China is yet to lift some of its restrictions in the services sector. As such, other countries still experience limited access to the Chinese services industry. Areas of concern between 2001 and 2004 remained the financial sub-sectors (insurance and banking), in a 2007report however, the United States lauded Chinas efforts to comply with the obligations (USCBC) . It confirmed that China has indeed complied with the insurance requirements by lowering the total assets to $200 million down from the earlier requirement of $300 million on foreign insurers. In the banking sector, the USCBC report further indicates that China has lifted geographic barriers earlier set on its local currency, which mad business challenging for foreign based financial institutions. China also allowed her nations to freely choose among foreign or domestic owned financial institutions. In addition, the country removed restrictions that hindered ownership and operations of financial institutions thus allowing more foreign owners to invest in the industry. Telecommunication sector was however dragging behind, with the report stating that although China had committed itself to lift geographic limitations on data services and mobile voice for joint ventures, China was yet to draft regulations on how to meet that commitment. Another requirement on the telecom sector yet to be met by China is her commitment to expand the geographical capacity of domestic owned telecom services by raising foreign ownership to 35 percent. The engineering, architectural and urban planning requirements were however met between 2003 and 2007 and foreign owned enterprises can now take part in integrated engineering, planning and architecture without the requirement of domestic partnerships. The country is also yet to fully comply with WTO requirements set on the express delivery sub sector (Stewart et al p13). Foreign owned enterprises can operate in courier services but restrictions on the scope of business that such enterprises can engage in still exist. Obtaining licenses for the foreign based firms remains a big challenge for many. China’s obligation in allowing foreign firms to operate in freight inspection and testing services were yet to be met in 2007 as their were restrictions on the scope of business that a foreign firm could engage in. In a 2005-2006 US-China Business Council’s (USCBC) report, China is said to have complied with the advertising requirements, which allowed foreign-owned enterprises to invest in advertising companies. China met this requirement in 2005 through the country’s ministry of Commerce Foreign owned business own and operate hotel and restaurant business in China, but have to abide by set regulations. In this sub-sector, China is yet to comply with the WTO requirements since foreign-owned enterprises are restricted on the amount of air cargo space they can book (USCBC). Tariff Reductions China agreed to reduce its tariffs on agriculture products to 15 percent, with average tariff level for industrial goods being set at 8. 9 percent. Tariff reduction obligations were scheduled for immediate, short term and long-term implementation. Trading Rights Trading rights are two way under the WTO agreement. They include the rights to I) other WTO member countries importing products and services to china, and ii) China exporting its domestic products to other WTO countries. In 2004, China enforced trading rights process that ensured that foreign nationals registering businesses in the country did so without any hindrances. This was a step that was lauded by many signatory countries, most notably the United States. However, some deficiencies in trading rights still existed. Such included commitments on pharmaceutical and books importations. Another deficiency noted in China’s compliance to the WTO trading rights requirement was the lack of liberalization of agreed trading rights. Such includes wholesaling services, retail services, franchising services, agent’s services and other related services. By 2004, China was yet to open its markets to allow foreign investors to practice direct sales or off-location sales. Among the notable compliances in the trading rights requirements was china allowing importers and exporters to conduct their businesses directly, without using middle men. Tourism In 2004, China took the first steps to complying with the WTO in the tourism sector by allowing foreign based firms to acquire joint ventures in China. It was expected that by December 2007, wholly foreign-based enterprises would be able to operate in the Chinese tourism industry. It was also expected that all branch restrictions, registered capital restrictions and geographical barriers would be lifted. The WTO requirements for China in the Tourism Industry were initially meant for Xi’an, Shaanxi, Shangai, Guangzhou and Beijing regions. In a 2004 report to Congress, the US lauded China’s progress in complying with the tourism, professional, education and environmental services (United States Trade Representative ) . CONCLUSION China’s compliance and non-compliance is widely a matter of government and industry protectionism. Whereas the private sector players may intentionally avoid adhering to the WTO rules, the government, which has the capacity to press the private industry players towards compliance does not apply the necessary internal pressure required to move the players. The spirit of WTO agreement that China exhibited on its entry to the WTO was already running out in the third year of implementation. Other issues that arise in the only communist country as it puts up measures that ensures compliance to WTO is the fear of the China Communist Party of loosing national support. This is especially likely because the income inequalities in China are on a steep incline, something that the locals blame on the market reforms under WTO and the expanded private sector (Halverson, Karen) Overall, China has received mixed rating for its compliance levels of the WTO requirements. The United States is among the biggest bilateral trader whose public holds mixed reactions on the role of China’s trade to the US under WTO. Some of the notable complaints from US investors include China’s continued protection of its steel and auto producers. Other claims allege that China uses her tax system to discriminate particular imports. Some export regulations in China also contravene the WTO requirements. Such include restrictions placed on raw materials, thus driving up production costs. Foreigners claim this is discriminatory since foreign investor’s ends up producing at higher costs, while the Chinese nationals operate at lower costs thus giving the former a market advantage. Eight years later after China joined the WTO; many member countries agree that it is the high time that the country took accountability for its obligations. This is especially so because most of its requirements were meant for accomplishment in the first five years. The United States is one such country, which is pursuing dialogue, dispute settlement mechanisms, legal action or a combination of all in order to ensure that China complies.

Gender /Sex Discrimination in the Work Place Essay

Thirty five years after civil rights act of 1964 was passed, female workers amounting to 80% are still doing the ‘women work. ’ Some as secretaries, others are sales clerks while others are support workers in the administrations. In the year 1993, only 19 women found themselves among the directors in the country and more than 500 boards had no female members. In 1999, the New York Times conducted a poll and found out that the biggest problem women were facing in America at that time was job discrimination. In the same year, working women were so much concerned about the wage gap between them and their male counterparts. Although the law came to prohibit these discriminations they continued even after (Mayor, 2010). This essay seeks to find out what the law is all about and who are covered in the law. It also seeks to differentiate between sexual and gender identity discriminations and sexual harassment based on some case studies. The federal law title VII, criminalizes any harassment or discrimination in the work place. It encompasses or covers all the employers in the private sector, state and local governments including education institutions which employ 15 workers and above (HR Hero, nd). Other groups that are covered by the law include; government agencies, political sub divisions, labor unions, associations, corporations, companies among others (US Equal Opportunity Commission, nd). The term employee as used in the act refers to a person who is involved in industrial activities that affect the commerce of the county and has more than 15 workers under him. It also refers to corporations that belong to the government or the Indian tribes and any department in the District of Columbia. The word also includes clubs that have private membership which do not pay tax as provided by the law. The term employment agency as used in the act refers to those persons who are involved in searching for employees on behalf of the employers either with or without compensation. Another group that is covered in the law is the labor organization. This refers to all those labor organizations which are affecting commerce in one way or another. This may also include the agents of these labor organizations and also committees that represent employees. Those groups which are involved or deal with grievances of the workers are also covered in the law (US Equal Opportunity Commission, nd). Apart from prohibiting discrimination in the work place based on sex, race, color, religion basis and national origin, it goes further to prohibit discriminations based on pregnancies, sexual stereotypes and sexual harassment against the employees. Currently, the law does not include discriminations based on sexual orientations but under the employment non –discrimination act, that kind of discrimination is covered. Many states have implemented this law and they have included more classes to be covered for example, marital status (HR Hero, nd). Civil rights act of 1964 has so many provisions in regards to employers and employees in the work place. Under section 2000e-2, the law declares that, it is unlawful for the employer to discriminate against any individual in regards to terms of payment, compensation package or privileges that the employment offers based on his /her race, gender, country of origin, color and religion. The law continues to say that any employer, who will be found imposing limitations to his workers, preventing them from accessing employment opportunities based on the above mentioned discrimination grounds, will be criminalized (Find US Law, 2008). Both employment agencies and labor organizations have also been put on notice by the law in that, when they fail to employ a person based on race, sex color among other factors, then they will also face the law. The term ‘based on sex’ here, refers to, based on pregnancy or medical conditions that are related to it and child birth. In the act, the law requires that all women affected by the above mentioned conditions, should be treated equally just like their male counter parts in regards to work related issues. This also applies to the benefits that they are supposed to be given. The condition that they are in should not limit them to enjoy their benefits just like other workers who are not in their condition. These provisions are included in section 2000e-2(h). This section does not allow the employer to pay for abortion benefits unless the life of the mother is in danger (US Equal Opportunity Commission, nd). Moreover, under this section it is considered unlawful when an employer comes up with standards of compensation or privileges and earning measuring system with an intention of discriminating employees based on the earlier mentioned factors. They are also forbidden to come up with ability tests whose results are intended to discriminate individuals. An employer is also not supposed to be biased when it comes to determining the amount of money he is going to pay his workers especially when based on sex. This can only be allowed when it has been provided for in the section 206(d) of the labor standard act of 1938, title 29 as amended (US Equal Opportunity Commission, nd). This law makes the employers responsible to prevent sexual harassment cases among their employees. They are supposed to take caution in regards to sexual harassment and correct any instance of it in the work place (Equal Rights Advocates, 2010). Differences between sexual discrimination, sexual harassment and gender identity discrimination Sexual Discrimination Sexual discrimination is mostly associated with the employers but if can also be committed by other employees. When this happens, the employer would be held responsible. There are two types of sexual discrimination; direct and indirect. The former refers to those situations where women at work place are treated with less favor than their male counter parts because of either their gender or marital status. Direct discrimination also comes in when treating a woman less favorably because she is pregnant or has gone for a maternity leave and this can extend even to pregnancy related illnesses. This mostly happens for example when a woman has gone for an interview and the interviewer only concentrates on the domestic circumstances of the interviewee (Thomson’s Solicitors, 2010). Another instance of discrimination based on gender comes in when a man who is less qualified than a woman is employed instead of her or when a man who is less experienced in the work place is promoted. Sometimes they are given excuses that those jobs are dirty ones and that there are no good toilet facilities for them. Sometimes, employers can be so cruel to the extent that, they can demote a woman because of her pregnancy or just immediately after maternity leave. In addition, sex discrimination comes in when a woman employee is not allowed to see clients or meet them for that matter and sometimes she cannot be invited to social events and instead a male colleague is chosen over her (Thomson’s Solicitors, 2010). Indirect discrimination refers to the adoption of some policies or practices in the places of work by employers. These policies are in one way or another disadvantageous to one gender than the other, even though they may appear on the surface to treat them equally. For example, an employer may require his employees to work full time and this disadvantages most women by barring them to take such a job. Some examples of this kind of discrimination include; some employers imposing age bars to their workers which can affect women negatively because most of them take time out to go to bring up children and thus these age bars will mean that, they will acquire their qualifications later than men (Thomson’s Solicitors, 2010). Some employers may also give their workers some benefits as a result of working for long in an institution and this will definitely not favor women who have decided to take time out to go and bring up children. Clauses related to mobility are also out to work against women in that, they may have difficulties when it comes to relocation because of their families and sometimes because of relying on their husbands as primary earners in the house. Some employers also go to the extent of requiring their workers to provide weight and height measurements and this will favor male workers more than their female counter parts. Lastly, those employers who require their employees to work in those hours which are unsocial may disadvantage women who have family commitments especially those who have children to care for (Thomson’s Solicitors, 2010). A case study related to this kind of discrimination involves a woman who had worked for a water transport business for some time but in her case, she was working in an office. Later, she decided to apply for a job in the same company but as a deck hand. In the process of application, she expressed her desire to acquire a captain’s license. She later complained that her male colleagues made her feel not welcome because they started to make such comments like how the job would be too dirty and heavy for her (Anti-Discrimination Commission, 2004). A time came when the business was facing some financial crisis and the company decided to do away with a particular service and this led to work hours for deck –hands to be reduced. As a result, the company shortened her water –time and this made her lose hours and opportunities in training and career. Her complaints to the company over the issue on how male counter parts were being favored in regards to time were futile. She sued them and as a result, she won the case and a compensation of $12,000. The company’s administration was directed to carry out anti-discrimination training among its workers (Anti-Discrimination Commission, 2004). This case study applies to discrimination among the workers themselves. Some companies also discriminate when it comes to offering services. In a case study, a woman wanted to be served by a certain company and in the process, she sought an appointment with the management for an in-home quote. The company’s representatives told her that it would be better if her husband was present for the quote. In her astonishment, she asked if the same procedures would apply on both of them regardless of who was present but they ignored her. The company gave some excuses regarding the matter stating that singles or widows were allowed to be accompanied by friends. The company was directed by a court to provide written apology to her and also to develop an anti-discrimination policy in the work place (Anti-Discrimination Commission, 2004). Sexual harassment When it comes to sexual harassment, it is perceived as a form of sexual discrimination. It can be defined legally as any unwelcome behavior or conduct that is of sexual nature and can be expressed through the word of mouth, physical means or even through the eyes; the conduct having severe consequences affecting the working environment in a negative way, making it be hostile. This means that any conduct that is welcome is not sexual harassment. Sexual harassment can be committed verbally or written by commenting on how somebody has dressed, on his or her behavior, somebody’s body structure, making jokes that are based on sex, asking somebody for sexual favors or for outings repeatedly. This may also include threatening a person or even spreading rumors about a person’s sexual life and also sexual innuendos (Equal Rights Advocates, 2010). Physical sexual harassment includes; assaulting a person, trying to block somebody’s movement, touching somebody inappropriately which may include kissing, patting, stroking and even hugging. One can harass an individual non- verbally by looking at a person’s body from up downwards, using derogative gestures towards a person, or even employing facial expressions that are of sexual nature (Equal Rights Advocates, 2010). Following a person comes under non -verbal sexual harassment. Visually, it can happen through drawings, pictures, emails, screen savers and posters that are of sexual nature. Some people may be harassed because they are females not males or the vice versa. This can also be considered as sexual harassment of non- sexual conduct. For example, if a lady carpenter works among male colleagues and she always finds her tools hidden, this can be considered a sexual harassment. The only condition that must exist for a conduct to be considered a sexual harassment is when the conduct is severe or pervasive (Equal Rights Advocates, 2010). If one is fired, demoted or the employer refuses to promote one because of rejecting sexual advances, that is automatically becomes sexual harassment. Even if it may not lead to injury or job status changing, so long as it interferes with ones performance at work place or even creating a hostile environment; that can be considered as a sexual harassment (Equal Rights Advocates, 2010). A case referred to as Meritor Savings Bank V. Vinson is one of the best cases on sexual harassment. The Supreme Court held that if a relationship is not welcome, it is considered to be ‘involuntary. ’ A plaintiff who was a lady sued her supervisor. During her first year working in the bank, she entered a relationship with him unwillingly because she feared losing her job (TWC Home, nd). She knew that she would face it rough the moment she refuses the advances. So she continued with the relationship for two years. The man would fondle her in the sight of other workers, sometimes follow her to the rest room and even go to the extent of exposing himself to her. For her, she did not expose his conduct to the management due to insecurity. The plaintiff proved that the relationship was unwelcome and it created a working environment which was abusive. The Supreme Court heard this and ruled in favor of her. The accused had to pay for the damages to the plaintiff (TWC Home, nd). Gender Identity Discrimination Gender identity refers to a situation of self identification either as a female or a male regardless of the anatomical sex at the time of birth. In normal circumstances, gender identity goes hand in hand with anatomical sex. A person identifies with females because she has physical features of females and a male does the same because he has male physical features. However, this does not apply to all human beings because for some, their identity does not match with their physical feature and this applies mostly to transsexual people (Work Place Fairness, 2009). A female may have the stronger side of males and a male may have stronger characteristics of females. Society may view the situation very differently. For example a man who identifies himself as a woman can be said to be feminine and a woman who identifies herself as a male is considered masculine. ‘Transgender’ is used to refer to a person whose stereotypes of gender identity do not apply. This term refers to cross dressers; both male and female, impersonators from both genders, individuals who are inter sexed, transsexuals, males who are feminine and females who are considered masculine (Work Place Fairness, 2009). These people usually face a lot of discrimination especially at work place. Mostly, they are usually fired the moment the management learns of their plans to undergo surgery on sexual reassignment. Some of them live in fear of being fired especially those who engage in cross dressing outside their work places. Those who try to wear appropriate clothes that match their gender identity are usually punished or fired all together for not conforming to the company’s policy of dress code. This happens especially in those companies that do not recognize individuals who are trans-gendered. Some employers even go to an extent of prohibiting these trans-gendered people to visit the rest rooms and are sometimes harassed by co workers on that basis (Work Place Fairness, 2009). This discrimination is not prohibited by the law particularly the federal one. How ever, efforts are being made to pass a law that will make this kind of discrimination illegal. Some have argued that, it can be covered with the law that bans all kinds of discrimination in the work place. Supreme Court has allowed these discrimination cases to be treated as harassment but is not clear how a court should handle such a case (Work place fairness, 2009). In conclusion, many people do not differentiate between the three kinds of discrimination making it hard to press charges regarding the matter. Some may have been discriminated without their knowledge and thus it is high time, companies adopt anti discrimination policies to make every one aware of his or her rights at the work place. References Anti-Discrimination Commission of Queensland. (2004). Sex discrimination case studies. Retrieved from http://www. adcq. qld. gov. au/Cases/Sex. htm Equal right advocates. (2010). Know your rights: Sexual harassment at work. Retrieved from http://www. equalrights. org/publications/kyr/shwork. asp Fine US Law. (2008). Civil rights act of 1964-cra-title vii-equal employment opportunities 42 US code chapter 21. Retrieved from http://finduslaw. com/civil_rights_act_of_1964_cra_title_vii_equal_employment_opportunities_42_us_code_chapter_21 HR Hero. (nd). Title VII of the civil rights of 1964-title VII. Retrieved from http://www. hrhero. com/topics/title7. html Thomson’s solicitors. (2010). Summary of the law on sex discrimination. Retrieved from http://www. thompsons. law. co. uk/ltext/l0840001. htm TWC Home. (nd). Case studies on sexual harassment. Retrieved from http://www. twc. state. tx. us/news/efte/case_studies_in_sexual_harassment. html US Equal Opportunity Commission. (nd). Title VII of the civil rights of 1964. Retrieved from http://www. eeoc. gov/laws/statutes/titlevii. cfm Work Place Fairness. (2009). Gender Identity discrimination. Retrieved from http://www. workplacefairness. org/genderid? agree=yes#1