Critiques of TWAIL Perspective and Investment Law

Critiques of TWAIL Perspective and Investment Law CONSTRUCTIVE APPROACH TOWARDS INVESTMENT LAW CHALLENGING VIEWS OF THE THIRD WORLD APPROACHES The conventional view in western states among international legal scholars is that no comprehensible or distinctive Third World Approach is apparent in international law. While it remains undeniable that certain reoccurring issues trigger the same response from Third World states[1], per scholars the typical view expressed is that disparate strands do not weave together a sort of pattern.[2] Although they are grouped together beneath Third World rubric, it is a constitution of no more than ad hoc responses to discrete issues. The recognition of the Third World approach to any extent can only be categorised as reactive in nature. This is supported by Wolfgang Friedmann who argues that any difference in the approach taken by underdeveloped countries could be explained in terms of their lack of economic and political clout. Likewise, a couple years later the same perspective is argued that instead of challenging international laws fundamental assumptions, the third world scholars are st ill concerned with the responsiveness of international law focusing in regards to their interest.[3] Western scholars that are even sympathetic towards Third World approaches express similar views. For instance, Richard Falk has claimed that even explicit anti-Western works by third world scholars have been in reliance on western approaches in a moderately non-critical manner. Thus, Falk argues that the emergence of distinctive modes of thought and analysis failed to accompany the process of decolonization, or even to follow upon it.[4] Per Falk third world scholars are inclined to avoid any ideological imprint upon their work, as they want it to work scientific in a Western sense.[5] An analogy is created between third world scholars characteristics and Soviet scholars. Soviet scholars were pragmatically oriented towards enabling Soviet bloc participation in the prevailing debates in Western international law circles.[6] TWAIL scholar B.S Chimni supports Falk critique and argues that TWAIL has been stagnant as a critique instead of proposing practical alternatives to the issue. He makes this criticism clear in a passage from his work: While international lawyers from the Third World have challenged, often with success, Western perceptions of the history and content of international law and pointed to the inequitable nature of the body of rules bequeathed from the past, they have failed to propose and articulate an alternative approach which is inclusive and internally consistent. In fact, the matter has not received sufficient consideration. It is, therefore, not unusual to see a Third World scholar speaking of rejecting rules which are prejudicial to the interests of developing countries embracing a theory of international law and world order which seeks to justify and protect the status quo and has little to say about the developing world. This eventually leads him to assume positions which strengthen that which he had set out to fight.[7] A specific example where this perspective is mainly critiqued is from the failures of the NIEO. It is criticised for lacking breadth and Robert Rothstein claimed that short-sighted stance had been taken hence the reason the regime failed. Rothstein argued that instead of the regime being focused on how to create a clear strategy that will have both western and third world states mutual interests and consensual knowledge and technically sound proposals, the focus was on a strategy of confrontation and a demand for the acceptance pf biased and controversial principles[8] This shows that the TWAIL view is limited and has no practical alternatives to revolutionise the injustice upon third world states. Rather their methods are to flip the legal system and turn it into a bias third world system, which will not therefore lead to any justice and harmony within international law. This supports both Falk and Chimni claim of TWAIL lacking pragmatism and having a positive impact. TWAIL LIMITATION AND MORE CONSTRUCTIVE APPROACH TO INVESTMENT REGIME IN INTERNATIONAL LAW Even though the TWAIL critiques has been significant, nonetheless it has been flagged up to have several blind spots.[9] One of the fundamental blind spots flagged is the critique to suggest practical ways to remedy the deficiencies within international law (especially international economic governance). Although jurists do highlight theoretical arguments, it fails to suggest constructive solutions in improving the injustice upon third world states in the international system. Therefore, it is necessary to provide a constructive solution that will also take the third world states interests into account. The desires of the TWAIL perspective should go beyond being a mere instrument of system criticism.[10] It should have the ambition to form a constructive engagement; therefore, it should develop and lay out ideas that could be expressed in practical terms to improve the governance of international investment and economic law.   A key issue developing countries are faced with in international trade has been competitiveness of liberalization.[11] Refers to trade of western countries on preferential terms (PTs) with only chosen developing countries, which is incongruent with GATTs principle of only trading with your most favoured nation. Competitive liberalization is argued to have led to economic success to states such as South Korea (KORUS) and Mexico (NAFTA)[12] who benefited from regional trade agreements (RTA). But this was at the expense of neighbouring states who stayed relatively underdeveloped.[13]Evidentially competitive liberalization has a detrimental impact on other developing states ability to find markets that would give them a competitive and comparative advantage. In this sense TWAIL could be more effective and remedy this issue by spearheading the creation of geographically wider RTAs encompassing regional economic blocs in different parts of the developing world.[14] An example of the possible RTA could be between Economic Community of West African States and Mercado Comà ºn del Sur which would be valuable to both regional blocs. Thus, West African states will be able to supply the cotton, which is in demand in South America, due to the growth of the textile industry, while South Americans vice versa would have a market for electronic goods which is becoming essential in West Africa. This would be an approach that could be implemented to enhance the participation of developing states in international trade. TWAILs concern in the international investment regime is primarily related to the inequality of negotiations within arbitration treaty and International Institutional Agreements. Per TWAIL a practical approach could be implemented on IIAs, for instance with regards to BITs, developing states can create their own models. An example of this is apparent from the SADC (Southern African Development Community) BIT model. SADC BIT model consist of the same characteristics of a traditional BIT, just with the addition of striving more towards an equitable, fair and just participation within the foreign investment regime for third world states. The model is a representation of distinct efforts to enhance a sustainable development dimension of future BITs.[15] Such engagement with the foreign investment regime would create the welcoming environment that developing countries need to enhance participation in the foreign investment regime. Moreover, another unproductive approach from TWAIL within international investment law is the resistance towards investment treaty arbitration. Again, here there is a failure to suggest a constructive approach to rectify this problem that the third world are subject to. As apparent in the case of OCCIDENTAL PETROLEUM CORPORATION v REPUBLIC OF ECUADOR, the withdrawal of Ecuador due to its disregard to the unjust manners of the ICSID did not prevent the ICSID from awarding the largest damages to the investors which was a rough total sum of $1.7 billion plus 6% interest.[16] Consequently a more pragmatic approach for developing states is to implement their own arbitration centres equivalent to the AALCCs regional arbitration centres establishment within the African- Asian region.[17] But this should be done wi th a sustained participation within the current system. The establishments of these centres within the Afro-Asian region has been advantageous as it alleviates concerns of developing states in regards to participating in international arbitration. Besides that, it will promote better engagement in the foreign investment regime and facilitate more participation of developing states in the current system. CONCLUSION This chapter shows that there are flaws within the TWAIL theory and it is a critique perspective rather than a constructive one. Perhaps there are aspects of the investment regime that bring injustice within international law but constructive alternatives methods must be suggested to improve the system. This is where the TWAIL theory is limited and other perspectives such as first world scholars should be analysed before a conclusion can be made regarding the international law being unjust. CONCLUSION This thesis has discussed the accuracy of the TWAIL theory that investment regime in international law is used as another tool to support the domination of the Western world. This commenced by dating the emergence of TWAIL back to decolonisation era and ever since the aim of the theory has been to redirect international laws focus to the plight of developing countries.[18] TWAIL focuses on the significant paradigm shift from the historical relevance of the NEC and NIEO approaches to the regime bias. The regime bias theory has been emblematic of the entire system of international law and is even visible in International Institutions such as Arbitration. The regime bias critique illustrates developing countries sceptical attitudes towards the international economic governance which includes both international trade and foreign investment.   This is because, as Shalakany argues s the regime bias in international law empowers the investors, who come off as winners within the syste m at the expense of ignoring the Third Worlds interest. TWAIL argues that the international institutions increases the ideological gap to ensure that there is unequal participation in the system. Corporations being in control of resources in host states already provides constraints on a step towards a just investment regime. This is because it maintains colonial attitude which makes the Third World states passive rather than active participant in the investment regime. Likewise, the International Functioning Institutions have also helped to maintain the dominance of Western States in International Investment by promoting globalization, and making it a mandatory requirement to for Third World States to adopt privatization programmes to create more favourable investment climates for the investors.[19] Nonetheless a fundamental blind spot[20] of TWAIL critiques is that it fails to offer avenues for a constructive engagement of developing countries in the investment regime in international law. TWAILs shortcomings have highlighted the need for a pragmatic solution instead of just being a mere critique[21] tool of the international law regime. It has been criticised for being very repetitive and staying stagnant on the idea of l law responding to Third World interests instead of challenging the fundamental issues in international law. A more pragmatic approach for developing countries in the investment regime is seeking to alleviate their concerns and enhance their participation in the system. This would pave the way for a more constructive engagement of developing countries in the investment regime of international law and will also prevent the domination of the Western States, as the lack of participation is part of what has enabled the First World to be so powerful. I can conclude from this thesis that the investment regime in international law is subtle in the way it suppresses the developing countries and maintains the interests of the developed countries. Therefore, it makes it challenging to argue that the whole regime is unjust. However, although the TWAIL approach is rhetoric[22] in the nature of its arguments, I agree with the view that part of the key issues that supports the domination of Western States is the amount control they have in the key international institutions; for example, US being the largest shareholder in the World Bank. To constructively solve this issue, it could be argued that the starting point should be reconstructing the rules and process making of these institutions, in order for there to be a fair just and balanced participation between the less developed and developed states. There should then consist of a body who makes checks and balances to ensure that no states acts ultra vires. This would lead to an interna tional law that would reject bias and be based on mutual interests. [1] Karin Mickelson Rhetoric and Rage: Third World Voices in International Legal Discourse16 Wis. Intl L.J. 353 1997-1998 p. 353 [2] Karin Mickelson Rhetoric and Rage: Third World Voices in International Legal Discourse 16 Wis. Intl L.J. 353 1997-1998. p. 353 [3] Patricia Buirette-Maurau, La Participation Du Tiers-Monde , A LElaboration Du Droit International (1983)199-202 [4] Richard Falk, Preface to B.S. Chimni, International Law and World Order: A Critique of Contemporary Approaches 9, (1993). p.9 [5]Richard Falk, Preface to B.S. Chimni, International Law and World Order: A Critique of Contemporary Approaches 9, (1993) p.9 [6] Richard Falk, Preface to B.S. Chimni, International Law and World Order: A Critique of Contemporary Approaches 9, (1993) p.9 [7] Richard Falk, Preface to B.S. Chimni, International Law and World Order: A Critique of Contemporary Approaches 9, (1993) p19 [8] Robert L. Rothstein, Limits and Possibilities of Weak Theory: Interpreting North-South, 44 J. OF INTL AFFAIRS 159, (1990). p.174 [9] John D. Haskell, TRAIL-ing TWAIL: Arguments and Blind Spots in Third WorldApproaches to International Law (Mississippi College School of Law Legal Studies Research Paper No. 7/2014, 2014) pg.18. [10] Antonius R Hippolyte Correcting TWAILS Blind Spots: A Plea for a Pragmatic Approach to International Economic Governance.p.15 [11] C. Fred Bergsten Competitive Liberalization and Global Free Trade: A Vision for the Early 21st Century (Peterson Institute: Institute for International Economics. Working Paper 15/1996, 1996) [12] KORUS trade was an agreement between South Korea and US. NAFTA was a trade agreement between Mexico and North America. [13] Antonius R Hippolyte Correcting TWAILS Blind Spots: A Plea for a Pragmatic Approach to International Economic Governance.p.16 [14] Antonius R Hippolyte Correcting TWAILS Blind Spots: A Plea for a Pragmatic Approach to International Economic Governance.p.16 [15] Antonius R Hippolyte Correcting TWAILS Blind Spots: A Plea for a Pragmatic Approach to International Economic Governance.p.16 [16] 2012 ICSID Case No.ARB/06/11 at paras 824-25. [17] R Rajesh Babu, International Commercial Arbitration and the Developing Countries (2006) 4 AALCO Quarterly Bulletin 386, 398. [18] Antonius R Hippolyte Correcting TWAILS Blind Spots: A Plea for a Pragmatic Approach to International Economic Governance.p.18 [19] Antony Anghie, Time Present and Time Past: Globalization, International Financial Institutions and the Third World. p.256 [20]Antonius R Hippolyte Correcting TWAILS Blind Spots: A Plea for a Pragmatic Approach to International Economic Governance.p.18 [21] Antonius R Hippolyte Correcting TWAILS Blind Spots: A Plea for a Pragmatic Approach to International Economic Governance.p.18 [22] Karin Mickelson, Rhetoric and Rage: Third World Voices in International Legal Discourse (1998) 16 Wis. Intl L.J.

Environment Protection Essay

Televison has brought great changes to the way many children spend their leisure time. While some of these changes have been beneficial, other have had a harmful effect. To what extent do you agree or disagree Most children nowadays, watch television as part of their leisure time. It is found that watching television for young children has both its advantages and disadvantages. A child can learn quite a lot of useful things and entertain himself by watching television but he can also become addicted to watching television and take bad things from it. Television offers programs which can learn the child good qualities that should be in him as he grows up. this includes educational programs and cartoons. A child can learn languages, math, to depend on himself, take actions, work harder, how to reach goals and others. For example, a cartoon I saw when I was young called captain Majid’ is based on a football player named Majid where hes the captain of his team and he tries his best to get goals for his team. Other players pass the ball to him and he runs with the ball, not afraid of anyone, trusting himself and makes the right shot at the goal keeper of the other team which results in an extra goal for his team. I learned from this how to be confident in myself and how to always try hard until I reach my goal. Television also can bring harmful effects to children. Children can learn bad words or to be violent. The child himself can also become addicted and this will prevent him from doing other important activities he should be doing. For Instance, a cartoon called tom and jerry, which I loved to watch when I was young, is very addictive, is based on a cat and mouse fight where the cat always tries to catch the mouse. In most cases the cat fails to do this, however. you learn violence from this, in confidence and inability to try to reach your goal. In conclusion, Televison can lead to benefits or bad effects on children depending on hoe its used. Parents should restrict their children to see only programs that that can lead to better improvements in their children and their time spent on television, hoping that their children become good people who benefit their community and the world.

The Topics to Write an Essay for College Transfer Student Trap

The Topics to Write an Essay for College Transfer Student Trap Most Noticeable Topics to Write an Essay for College Transfer Student You will be aware of what paragraphs you're likely to write and what information you will use. As soon as your essay is finished, it's recommended to have an extra set of eyes review it. When you've read the question, you then need to analyze it. Read the question clearly and make certain you understand what's being asked of you. The essay is a fantastic tool, since it permits you to tell your own story in your words. So you don't actually wish to obtain a topic! To start with, you should choose the topic from the descriptive speech topics you're going to be interested in. Write about something you care about and even when you are assigned a particular topic for an essay, select a view or aspect of that topic which you like and would delight in writing about. Thinking about the total topic and scope can help you to start the writing process. A good deal more little points regarding the topic can be discussed. You've got a topic and a few ideas that you've jotted down during your absolutely free writing. From time to time, even when you're writing about an interesting, relevant subject, you're still able to appear immature or unready for college life on account of the manner in which you present that topic the way you truly write your own personal statement. Without doubt, scholarship application essay is easily the most complicated portion of your educational life. Nevertheless, the primary reason is my love for mathematics. More than anything, you don't need to place your application in jeopardy. For quite a few, the toughest portion of the application procedure is writing the admission essay, and seeking to choose a topic when everything around you seems so uncertain can acquire stressful. The Benefits of Topics to Write an Es say for College Transfer Student There are lots of things it's possible to write about as an author so you must choose if it is going to be about a place you've visited, a person that you know or something completely different. Your essay deserves effort and attention, but bear in mind that it's only a portion of the total application procedure. If you expect to compose a great college-level essay, you will want to commit time and effort into the practice. Further, a strange or off-beat essay is a superb means to demonstrate your creativity. Learn the transfer application procedures for the schools to which you're applying, and begin considering your essay. When you have analysed the question, you're ready to compose your plan. You're also free to use an internet service in the event you need another person to test it before you do it on your own. Occasionally you may also seek out external assistance from your teacher, supervisor or senor to be able to deign a productive cov er page. Essay writing doesn't have to be hard. Proofreading is actually the most essential portion of writing the essay and is frequently skipped. Writing a thesis is really quite simple if you stick to a fundamental formula. Writing the college application essay is a difficult gig. Obviously, every college writer should devote time in the writing process on every essay to find the best outcomes. The author is permitted to include his personal viewpoints of the interviewee but nevertheless it to stay focused of the fundamental objective of the interview. The Benefits of Topics to Write an Essay for College Transfer Student Include the program name and number that is about the essay. In case the writer employs a quote over 40 words, then it has to be indented five spaces from the margin and written in double space. The document might be written in free form, but it's better if the author employs the particular structure. Later, once you get the simple essay format down pat, your topic sentence won't necessarily will need to be the very first sentence. There are several persuasive essay topics to pick from to finish your high school or college assignment. A transfer essay is a kind of papers that might be used by means of an author for transferring to a different college or university. Read on to discover how you are able to write an essay for virtually any college class to find the `A' you desire. Knowing if you have to compose an essay early on can help you keep a strict calendar of deadlines. College essays are permitted to be somewhat formulaic. It is preferable to search online since it will conserve a plenty of time. When you read with specific info in mind, you'll be precise enough because you will be collecting only information which is related to the questions. Information by itself is quite boring.

Nike and Child Labour - 1875 Words

Nike and child labour Nike is a household name when it comes to sports apparel and equipment. It has worked hard to burnish its image, especially by garnering endorsements from big names in the sports world,such as Michael Jordan. But in 1996 its silver image began to tarnish. It knew it was in trouble when an article on child labour in Pakistan appeared in Life magazine with a picture of a 12-year-old boy sewing a Nike soccer ball in a factory, and activists started showing up in front of Nike outlets holding posters with the boy s picture on it. Although child labour is illegal in Pakistan, the law is not enforced and child labour is widespread. The factory in question was not run by Nike, but by a subcontractor or supplier.†¦show more content†¦Nike has claimed that it is not morraly responsible for this mistreatment, because the supplier companies caused the injuries of their employees. Thus, Nike itself did not cause the injuries. Critics have responded that although it is true that Nike did not directly cause the injuries, Nike could have prevented those injuries by forcing its suppliers to treat their workers humanely. If it is true that Nike had the power to prevent the injuries, and should have done so, then Nike met the first condition for moral responsibility. However, if Nike was truly powerless to prevent the injuries-if Nike had no control over the actions of its suppliers-then it did not meet the first condition. People are morally responsible for an injury when they failed to prevent it, only if they ,,should have prevented it. People cannot hold morally responsible for all the injuries they know about and fail to prevent. Each of us is not morally responsible for failing to save all the members of all the starving groups in the world that we learn about by reading the newspapers, even if we could have saved some of them. If we were morally responsible for all these deaths,then we would all be murderers many times over and this seems wrong. A person is res ponsible for failing to prevent an injury only when, for some reason, the person had an obligation to prevent that particular injury. Such an obligation generally requires some sort of special relationship toShow MoreRelatedNike Ethical Dilemma954 Words   |  4 Pagesmatter. In this paper, the ethical issues we will be covering will be on Nike child labour. NIKE inc, a well-known brand in the market that specialize in sporting goods has been reported that the manufacturer engaged, were using children as labour from as young as 10 year of age. These children were for the making of sporting equipments such as soccer ball, shoes and clothes in Pakistan and Cambodia. Using children as labour were seemed morally wrong for many people. It is considered as exploitationRead MoreThe Sweatshop Industry and Child Labour in NICs Essay1426 Words   |  6 PagesThe Sweatshop Industry and Child Labour in NICs This report is aimed at investigating if the two major TNCs Nike and Gap manufacture their products according to their code of vendor conduct. Both companies code of vendor conduct clearly states that no workers are employed under the legal minimum age and sweatshops dont exist in their factories. A sweatshop is a factory where employees are subject to extreme exploitation; they work in dreadful conditions with healthRead MoreNike Swot Analysis1193 Words   |  5 Pagesanalysis Strengths: y y y y y y y y y y y y y Nike is a globally recognized for being the number one sportswear brand in the World. Nike being a competitive organization has a healthy aver sion towards its competitors i.e. during Atlanta Olympics, Reebok expensed on sponsoring the games; Nike however sponsored the top athletes and due to this step, it gained valuable coverage. Nike has no factories; rather it uses contract factories to get the work done which Read MoreEnglish Globalisation Assignment : Slaves Of Fashion Essay999 Words   |  4 Pagesimpoverished people are forced to work in slave like conditions on products they could never afford. Society’s need for labels, combined with manufacturer’s need for money, drive the modern day slave ring. The multinational conglomerate that uses child labour and disadvantaged people to make a profit needs to be called out. These practices cannot continue, but we must act now. The sweatshops erected in disadvantaged villages have the goal of bringing jobs, income and a stable economy. In fact, theyRead MoreNike Case Study Analysis1294 Words   |  6 Pages â€Æ' Introduction Nike, a multinational company is one of the top and well known athletic footwear and apparel producers in the world. It had established production plants in many countries and has many suppliers, distributors, and retailers worldwide. It is well known because of its engagement in international business and the amount of employment it had created around the world. Nike was criticized as a result of how it managed its expansion strategyRead More NIKEs Labour Troubles Essay1414 Words   |  6 PagesNIKEs Labour Troubles Nike publicizes itself as one of the leading industries in corporate responsibility. However, they do not comply with several human rights obligations overseas in countries like Thailand, Pakistan, China, Vietnam and Indonesia. In these countries, production facilities called sweatshops have been running for almost 35 years employing workers as young as 13 years of age. 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This case illustrates that Nike was found guilty regarding the labour practises the company was following which the reason for the external criticism Nike had to face around the world during 1990 and 2000. The main purpose of this report is to study the sustainable initiatives Nike h ad to take to tackle these issues and further how much those steps are similar to theRead MorePrivate Voluntary Regulation Is Not An Effective Substitute For National And Multilateral Regulations1338 Words   |  6 Pagesfactors, such as the nature of codes or conducts, whether monitoring these standards are difficult.. In addition, this essay will look at the challenges that private regulation pose for HRM departments of Global Corporations such as the monitoring of labour standards and ways they try to address these issues. Closing with recommendations on ways to ensure that private voluntary regulation is used effective. Private voluntary regulations involve looking at the corporate codes of conduct, monitoring, certificationRead MoreChapter 2: Literature Review. 2.1 Introduction. This Chapter1447 Words   |  6 Pagesexplores the existing literature concerning sweatshop labour practices in apparel and footwear industry in developing countries and its impact. Also, the steps taken by apparel and footwear company is discussed in general. Emphasis is also laid on brand equity of a company. Further Nike is taken as an example showing the allegations faced by the company as it is the company majorly highlighted for its sweatshop allegations. The approach taken by Nike to overcome its allegations is discussed in the section

A New Perspective Towards The Justice System - 1583 Words

Final Assignment Over the course of the semester I have developed a new perspective towards the justice system. Prior to taking the Juvenile Delinquency course I did not know much in detail about the negative effects of the juvenile justice system on youths. Personally, I thought the juvenile justice system was created to educate youths in order to prevent them from getting involved in more crimes and to lead them to have better outcomes in the future by giving them resources they may have not been able to attain on their own prior to their convictions. However, in reading books such as, Between Good and Ghetto by Nikki Jones, A Question of Freedom by Dwayne Betts, and Punished by Victor Rios I was able to firsthand understand through†¦show more content†¦However, depending on their charge some of these youths can be treated as adults and put into adult facilities. This is traumatic and completely unfair to me. I do not understand how the juvenile justice system is even functional. Youths ar e thrown into the system for a multitude of reasons and not always given the proper resources to prevent them from coming back in. In the first place they are not all necessarily given any resources or support to avoid the system. Most of the youths incarcerated are lower class, Black and Latino males. This population is targeted due to their skin tone, demeanor, and often time’s surroundings. Learning about all the minor factors that can lead youths into the system is what truly opened my eyes to what was truly happening in society. Youths are being labeled and criminalized time and again because of authority figures not just in the streets but in schools. This relates to the youth control complex I learned through reading Victor Rio’s book Punished. He speaks about this concept referring to the institutions that we come across by everyday like schools, our homes, and the workplace treating young people in a distinct way because they view everyday behavior as criminal activity. This shaping the misconstrued perspective that all black and Latino males are criminals. In the book A Question of Freedom by Dwayne Betts, I was able to follow the journey of a young teen that was accused of a crime and charged as an adult. He

Scarce Source Free Essays

The nursing shortage is an issue that has an increase concern in the health care system today and that has been a threat to the quality of care and safety of the patients. â€Å"The shortage of nurses is not necessarily a shortage of individuals with nursing qualifications; it is a shortage of nurses willing to work in the present condition† (Buchan Aiken, 2008, p. 3262). We will write a custom essay sample on Scarce Source or any similar topic only for you Order Now The changes in the government policies in the creation of the new measurements and compensation methods for better quality of care has increased a more critical working condition for the nursing profession. The United States will have a decline in the quality of health care and be jeopardizing the safety of the patients instead of having some positive outcomes. Nursing Shortage Influencing Factors There are five influencing factors that many of the researches have concluded: increase in the number of retiring nurses, noncompetitive salaries, nurse’s workload and role expectations, and increase opportunities outside the profession or going into administrative positions or other faculty positions. The decrease in the young people entering the nursing profession has increased the nursing shortage because is leaving the older nurses to come to their retiring year. The younger populations is also looking for a more stable profession and are going to other professions as a security blanket for their economic stability. Nurses are also faced with the dissatisfaction of having noncompetitive salaries in their nursing profession and are forced to look for a more stable opportunity outside the profession to meet their needs. Challenges and Consequences of not addressing the issue The nursing shortage must be addressed to find ways of overcoming the challenges and consequences of the issue to decrease the effects of having a negative impact on the health care system. To overcome the challenges and consequences one must look at the demand factors and supply factor in the specific countries or regions to deal with the nursing shortage. Some of the demand factors may be: â€Å"demographic and epidemiological trends, service use patterns and macroeconomic condition† (Buchan Aiken, 2008, p. 264). Some of the supply factors might be: â€Å"improving recruitment, retention and return-getting, keeping and keeping in touch with these relatively scarce nurses† (Buchan Aiken, 2008, p. 3266). The consequences of not addressing the issue of the nursing shortage will lead to an increase in the shortage, and poor health care outcomes, including a decrease in the quality of care, medical errors, patient i njury, and increase in the infection and wound rates. Solution or Innovation The policy makers need to come up with a motive or a solution that will bring the younger population to enter the nursing profession and be able to retain that population in the profession for a long time. The solution of the issue for the nursing shortage is not easy, but by increasing different types of motives and recruiting methods definitely will decrease some of the nursing shortage. Policy makers should look at â€Å"intervening with educational vouchers and incentive for nurses† (Abrahamson, PhD, RN Fox, PhD, 2009, p. 241). The method for increasing grants or educational loan forgiveness program will increase the incentive for the younger population to feel some kind of security in the nursing profession. Incentives for some of the younger nurses will include bonuses when hired, or an increase in the salary in competitive salaries, and a decrease in the workload in the profession. The government already has some of these solutions in progress, but a package of the incentives is a good idea to encourage the younger population to enter the nursing profession. Economic Investment The government is already investing in the nursing profession by the different programs starting to take place for the nursing profession, and increase the entry of the younger population into the nursing profession. By increasing the positive outcomes in the health care system the quality of care and safety of the patient will increase, and decreasing the possibility of mortality rates, infection or wound rates, medication errors or even patient injuries. For example one program is the Nursing Loan Repayment Program, which includes repaying the students loans if in agreement to practice at least two years in a health care organization. Public Efforts The older population should join in an effort to decrease in the nursing shortage by educating the young population, reinforcing the need for a better quality of care and the safety of the patient and also the importance of decreasing the nursing shortage in the health care system. The leaders of the health care system need to join and be able to develop some form of communication to promote the nursing profession, and in exchange be able to have a better health care system. Conclusion The shortage will continue to get worse if the working conditions do not improve, and the measurements for compensation do not improve in the health care system. The nursing shortage will have a positive outcome once there a good amount of adequate staffing to decrease the number of influencing factors that increase the nursing shortage. â€Å"Nurses are the main professional component of the front line staff in most health systems, and their contribution is recognized as essential to meeting developmental goals and delivering safe and effective care† (Buchan Aiken, 2008, p. 3263). How to cite Scarce Source, Papers

Argumentative Essay Gun Control free essay sample

Weapon? English 101 Argumentative/Persuasive Essay 4/12/2013 Word Count 1,255 Readability 12. 3 There are new proposed gun control laws in the aftermath of the massacre at Sandy Hook Elementary School in Newton, Connecticut that occurred on December 14th, 2012. This incident claimed the lives of twenty 1st graders and six adults and has set the government in motion to try to prevent future acts of violence by strengthening gun control laws in the United States (Smith). This has been a topic that has been an extremely emotional debate with people on both sides unwilling to compromise. Gun advocates and critics of the new proposed gun laws argue that these new laws infringe on our constitutional right to bear arms; however, the new laws do not take away that right, they simply add minor restrictions in the search to put an end to gun violence. With the rise in gun violence today, we need to take some sort of action. If we look at the history of gun control in the United States, we find that laws concerning gun control are not anything new; in fact, the first federal gun control law was the National Firearms Act of 1934. This law imposed a restrictive two hundred dollar tax on the manufacture or sale of machine guns and sawed-off shotguns. Also, all sales of these weapons were to be documented in a national registry (The Long). Then in 1968, a new law passed. This was the Gun Control Act of 1968 and it was the first major gun control law in America. It prohibited certain people from being able to purchase firearms including convicted felons, fugitives, minors, individuals with a history of mental illness, dishonorable discharged veterans, expatriates and illegal aliens (Riczo). This law also expanded licensing requirements to more firearms dealers and ordered more detailed records of sales (The Long). Continuing on gun control laws throughout American history, the Brady Handgun Violence Protection Act of 1993 established background checks for gun purchasers. This law was passed to insure that no firearms would be sold to the people listed in the 1968 regulation. These background checks are required only on sales through licensed dealers, not on sales through unlicensed private sellers who do not sell firearms as a business, with the exception of certain states. Then in 1994, a ten year ban was placed on the production of nineteen listed new semi-automatic assault weapons with the Violent Crime Control and Law Enforcement Act. Some of these weapons that were banned include the AR-15, some versions of the AK-47, the Uzi, the MAC-10 and the TEC-9. Along with the banning of these assault rifles, large capacity ammunition magazines were limited to ten rounds. This ban was lifted in 2004 when it expired and attempts to reinstate this law failed (The Long). Amidst these gun control laws that regulate firearm sales, there have been several laws that protect the rights of gun owners as well as gun dealers and manufacturers. The Firearm Owner’s Protection Act of 1986 was passed by Congress amid complaints that the government was abusing its power while enforcing gun control laws. This law restricts the Bureau of Alcohol, Tobacco and Firearms from inspecting gun dealers more than once a year, unless multiple violations have been discovered. This law also prohibits the government from creating a national registry of gun ownership. In 2003, the Tiahrt Amendment was passed that forbids law enforcement from releasing information to the public as to where criminals purchased their firearms. Again in 2005, a law passed where gun manufacturers were granted immunity from civil lawsuits involving crimes with firearms; therefore, they would not be held accountable for the adverse effects of the weapons they manufacture. This law is called the Protection of Lawful Commerce in Arms Act (The Long). Looking at this history of gun control in the U. S. , it is not such a stretch that now, in the year 2013, we are proposing to strengthen these laws. The new proposed gun control laws include expanding background checks, banning certain assault rifles and limiting the number of rounds in gun ammunition magazines. There is also a focus on safety in schools and offering more help to the mentally ill. Also, the government is proposing tougher penalties for people who purchase guns with the intention of selling them to criminals (Remarks). The first of these new proposals is the requirement of universal background checks for anyone who wants to purchase a firearm. This will hopefully close some loopholes in the National Instant Criminal Background Check System and prevent criminals and people with a history of mental illness from obtaining firearms (Remarks). As the background check system stands now, people who buy guns from gun shows and other unlicensed sellers do not have to complete a background check (Stopping). For the Columbine massacre on April 20th, 1999, the killers purchased their guns at a gun show from an unlicensed seller, so no background check was performed. On April 16th, 2007 was the shooting at Virginia Tech and this shooter obtained a gun from a licensed gun dealer which he should have been prohibited from buying. He was able to purchase this weapon because his records were never reported to the FBI’s gun background check system. Again in Tucson on January 8th, 2001, a killer acted with guns he should have been prohibited from buying because his records also were not in the database. These considerable loopholes in our current background check system need to be closed. Thirty-four Americans are murdered with guns every day and over 400,000 Americans have been killed with guns since 1968 (An Updated). When it comes to guns owned by private citizens, there are weapons that are suitable for protection and weapons that are suitable for sport. Guns such as the AR-15 assault rifle are designed for the â€Å"quick and efficient massacre of human beings. † The same applies to large capacity ammunition magazines. Why should the average citizen need this kind of weapon or magazines that can hold thirty or even one hundred rounds (Graves)? The AR-15 was used in the recent massacre in Newton, Connecticut in December 2012 and was also used in the Colorado theater shooting in July 2012 (Smith). During a recent speech this month in Colorado, President Barack Obama brought up the fact that there are â€Å"well organized† and â€Å"well financed† gun advocates that are installing fear in the public of what these new proposals mean (Jackson). Some people feel that these new laws are breaching on our constitutional right as Americans to bear arms, when in fact, the new proposed gun control laws do not prohibit law-abiding citizens  from owning firearms. They hopefully will decrease the number of weapons that fall into the hands of criminals, as well as the mentally ill, and decrease violent crime in the United States (Rampton). Obama stated that he respects the Second Amendment and that his proposals for new gun control laws do not involve gun registration or confiscation (Jackson). At the recent memorial in Co nnecticut the President let the American public know that he is willing to do everything in his power to put an end to gun violence in America. He states, â€Å"No single law, no set of laws, can eliminate evil from the world or prevent every senseless act of violence in our society. But that can’t be an excuse for inaction† (Smith). If having stricter laws regarding gun control will stop one person, ten people, or even a hundred people from committing these horrific crimes we have seen here in America, is it not worth it? Work Cited Graves, G, Earl. When Will We Stand Against the Insanity of Gun Violence? Black Enterprise. 01 Jan. 2013: 10. eLibrary. Web. 14 Apr. 2013. Jackson, David