Law of International Trade Essay Example for Free

Law of International Trade Essay Introduction Coffee Beans that were bought in Sao Paulo, Brazil are to be transported to a depot based in Durham, England. The total weight of the Coffee Beans to be shipped is 1500 tonnes. At first, this may seem to be an ordinary shipment on the surface. However, when putting into perspective the amount of legalities to be fulfilled and the massive quantity of beans involved, the daunting nature of the task becomes evident. Every country has its own set of peculiar trade laws. These laws become more complex and stringent when it comes to International trade. However, while trading across boundaries, the local domestic law needs to be respected at any cost. An International trade law is a combination of the law of the land and international laws governing the transactions of goods or services across borders (Cornell, 2005). Multilateral treaties are also signed between countries to resolve disputes and effectively enforce mutually consented terms and conditions. This is done to standardize the entire process and prevent conflicts. For instance, the Convention on contracts for the International Sales of Goods  (CISG) is one such international trade agreement put forth by the UN to govern International trade operations. The different modes of transportation available for transportation need to be considered, keeping in mind a host of factors. This includes ensuring the safe transit of the beans at each and every point, right from the spot of purchase to the destination depot. Efforts also need to be made to make the process as economical as possible. The reduction in transportation charges would translate to higher levels of profit. The sharing of the costs involved in shipping the beans should be properly worked out and the decisions should be incorporated into the agreement. The point at which the seller’s liability ends also needs to be appropriately documented.   It is usually indicated by the INCO terms. Although economy in transportation is essential, it should not come at the cost of invaluable time. The goods also need to be transported within a reasonable timeframe. The laws regulating trade in the departure as well as destination points need to be properly interpreted, in order to avoid confusion at a later point of time. This calls for relevant paperwork which would certify the legitimacy of the whole process. To start with, the whole process needs to be broken down into different steps. The purchase of coffee beans can either be from a manufacturer or a wholesaler. Relevant proof of purchase provided should be provided by the seller, after receiving the agreed price. Other export licences should be purchased, in order to ship them to the depot in Durham. Then, the purchased beans are moved to a warehouse. Since the purchased goods are quite voluminous and bulky, transporting the goods through best the most cost-effective solution. However, the goods from the seller’s premises have to be transported to a warehouse. A warehouse is usually an empty storage with adequate facilities for moving goods. It is used by manufacturers, businesses, importers, wholesalers, exporters and customs agency to intermediately store goods. The seller would have to notify the buyer about the estimated time of arrival. The seller would also have to provide necessary proof documents of each stage involved in the carriage of the goods. A host of expenses are usually incurred during the carriage of goods from one country to another. This includes expenses incurred in Warehouse storage and labour, export packing, loading charges, inland freight, terminal charges, forwarder’s fee, vessel loading charges, charges upon arrival, ocean/ air freight, excise duty, taxes, customs and charges upon delivery at the destination. While carrying out International trade, the main concern is the surety of obtaining payments within an acceptable period of time. This concern is addressed by the concept of Documentary Credits. Documentary Credit is a system by which the buyer instructs his bank to pay the seller. On the basis of customer trust, the bank transfers the funds to the seller’s bank account on the behalf of the buyer. However, adequate documents in support of the concerned transaction will have sent from the ship to the seller’s bank. After verifying these documents, they are sent to the buyer’s bank for further processing (Fraud Aid, 2005). In this arrangement, the bank becomes the primary obligator, thereby promoting healthy International trade by eliminating doubts and concerns about payment. The written instruction given by the buyer to his bank is also commonly known as letter of credit (L/C). The International Chamber of Commerce has defined some internationally recognised trading terms. These terms are otherwise referred to as INCO terms 2000. These trading terms are commonly used during the overseas transportation of goods. They are used to indicate whether it is the seller or buyer that has to produce the required documents essential for carrying out trade on a global scale. The INCO terms should be followed by the named place mentioned in the contract (International Business Institute, 2000). The named place in this case is Durham, England. These terms are capable of designating the liabilities as well as rights of each party involved. Incoterms 2000 ‘Ex Works’ refers to type of delivery where the entire cost and risk of transporting the goods from seller’s premises to the final destination is borne by the buyer. This model is highly beneficial to the seller, since there is no risk involved. The seller does not even have to take up the responsibility of loading the goods from his premises, as the only obligation will be to make goods available. The relevant invoice and testimonials mentioned in the contract will also have to be provided by the seller. The short term for Ex Works is EXW. ‘Free Alongside Ship’ transfers the risk and cost of transportation when the seller transports the goods to the quay, alongside the ship. The abbreviation for Free Alongside Ship is FAS. In ‘Free Carrier’, the responsibility of ensuring the safety of the goods ends for the seller when the goods are handed over to the Carrier’s custody at a mutually agreed location. This location is referred to as the named point. In Free On Board, the seller bears the liability until the goods are put on board the ship at the Port of shipment. The port of shipment is mentioned in the contract. From this point, the risk transfers to the Buyer. This is commonly known as FOB. In Cost Freight (CFR), the seller ships the goods to the named Port of destination mentioned in the contract, by paying the freight charges. The buyer then takes up complete responsibility when the goods pass over the ships rail at the Port. The conditions of Cost Insurance Freight are similar to the previous one. However, the Seller has to take the additional responsibility of paying the insurance premium on the buyer’s behalf. This is denoted by CIF. The seller has to also incur expenses in insuring all the risks until the named destination, in the case of Carriage Insurance Paid (CIP). When the seller bears the freight charges of the goods until they reach the mutually agreed location, it is mentioned as Carriage Paid (APT). As soon as the goods reach the first carrier, it becomes a liability of the buyer. In Delivery at Frontier (DAB), the seller bears the charges and liabilities until the goods enter the Frontier.   When the goods reach the Customs process, it risk transfers to the buyer. Delivered Duty Paid (ADP) is most favorable to the buyer, since the seller will bear all charges incurred in delivering the goods to the buyer. Delivered Duty Unpaid is similar to ADP, with the exception of import duty and other official import charges that are borne by the buyer. In Delivered Ex Ship (DES), the responsibility and cost of transferring the goods passes from the seller to the buyer when the ship carrying the goods reaches the destination port. It will be the buyer’s responsibility to discharge the goods.   Delivered Ex Quay (DEQ) is of two types; Duty Paid and Duty on Buyers Account. The seller has the obligation to deliver the goods in the quay of the destination port. Either the buyer or the sealer takes up the responsibility of the paying the duty, according to the initial agreement. Farther considerations Many factors have to be considered when it comes to structuring a carriage contract agreement. There are three forms of carriage; common carriage, contract carriage and private carriage. Common carriage is a type of carrier service catering to the general public to perform common transportation services. These services have to be authorized by various government regulatory agencies. The tariffs that are charged for the service lawfully demanded locations are held by these agencies. Contract carriage involves transportation services to an unlimited number of posts. These agencies also have to get necessary authorization from the same agencies. Relevant contracts consisting of details about the minimum rates and charges are filed at different granting agencies and. Copies of this contract are also retained at the facilities of the shippers as well as the carriers.  Private carriage offers transportation services to business enterprises.   This service is for meant for manufacturers and distributors that transport their goods in their private vehicles driven by their own employees. It is also commonly known as shipper-carrier. The ‘distinct needs’ provision takes care of distinguishing the different carriage types. It is very essential to distinguish between a normal contract and a carriage contract; failure to accomplish this could result in several liability issues on both sides. This distinct needs provision helps to distinguish a carriage contract from a regular one. This provision incorporates certain unique terms and conditions including specific requirements of a shipper and the obligations that need to be satisfied by the contract carrier. Some of the commonly mention distinct needs in a carriage contract agreement are price adjustment clauses, terms of credit, incidental transportation charges, cargo transfer charges and specific delivery schedules. However, the shipper should truly comprise these unique services if they are mentioned. A certain degree of reasonableness should be allowed while dealing with carriage contracts. First of all, one has to understand various shipping term in order to comprehend the shipping rules better. ‘Carrier’ is a term used to refer to the person who signs the contract of carriage with a shipper. It is usually the owner or charterer who hires a ship to carry their cargo, passengers or other goods. ‘Shipper’ refers to the person who pays money to the carrier to transport his goods (Arnold, 2003). Hence, the term ‘shipper’ may either refer to the buyer or the seller of the beans, depending upon the INCO term in use. Carrier is the company or agency which undertakes to ship the beans from Brazil to England. The Contract of carriage will apply to agreements mentioned in the bill of lading or any similar document that concerns the carriage of goods by sea.   The term ‘goods’ is used to refer to wares, merchandise and other articles. However, live animals are not included in the goods category. Goods such as brandy and gun powder were classified as dangerous goods. The validity period of the Contract of carriage starts from the time of goods being loaded until they are unloaded from the ship. Hague Hague Visby Rules Hague rules were framed by the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading and Protocol of Signature. It came into effect on 25 August 1924 in Brussels. It was an effort to constitute a minimum mandatory liability for carriers, since most of them were evading the liability due to loss or damage of cargo. According to the Organisation for Economic Co-operation and Development   (OECD), this was a move by the International community to fabricate a fair system for the shipper as well as the carrier. Even today, these rules act as the foundation for framing marine trading laws for a majority of the nations around the world. According to Hague Rules, the carrier will be liable to bear the cost of damaged or lost goods only if the shipper is able to prove that the shipper’s lack or absence of diligence. However, the carrier would not be held liable if the ship was unseaworthy. The carrier will also lose the liability to compensate for the goods, when the damage is caused by a natural calamity termed as ‘Act of God’ or a fire accident which is caused to due to any reason other than a fault in the carrier vessel. The carrier will also not be liable for damages caused due to the act of terrorists, war or and other anti-social elements like pirates. The carrier would not be responsible for a delay in the delivery of goods, if the delay was caused due to an emergency situation like lockouts, quarantine operations or public strikes. The shipper would not be able to claim damages from the carrier, even in the event of neglect of the duty by the employees of the ship.    Hence, this enabled the carrier to get away with liabilities arising as a result of errors made by the people working on board such as mariners and the carrier’s working staff, if the carrier was in a position to prove that the ship was seaworthy and adequately and appropriately manned (Admiralty Law Guide, 2006). Since this provision lets carriers to get away scot-free, it has posed a serious conflict in balancing liabilities between the carrier and shipper. Transportation of goods involves two main types of contracts. They are Carriage Contract Agreement and Bill of Lading Contract. Carriage Contract Agreements are usually signed when long shipments are involved. It serves as a continuing contract that stands for the safe delivery of goods to promised destination. It usually covers multiple shipments that are necessary to carry out a long shipment process. The complete shipment process may involve other modes of transportation such as ground and air shipment.   However, carriage contract can not serve as a receipt of merchandise. The Bill of Lading is issued by the carrier as a proof of receiving the goods and serves as receipt of merchandise. A Bill of Lading is an agreement for a single shipment process which may be a part of a long process. In the practical sense, it is a list of expenditures incurred towards loading goods into a vessel. It is governed by all the terms and conditions mentioned in the Carriage Contract. It also acts as certificate that verifies the authenticity of the loaded goods. Further, it indicates whether the received goods were in good condition or not. Depending upon condition of the goods and packaging, the Bill of Lading is classified as Clean or Foul Bill of Lading. It also is further proof of the existence of a Carriage Contract (Wikipedia, 2006). However, the Bill of lading and Carriage Contract are completely different entities and they serve different purposes. Hence, the Bill of Lading can not be used as a Contract Carriage and vice versa. There are three types of bill of lading; straight bill of lading, order bill of lading and bearer bill of lading. In straight bill of lading, the consignee can claim damages from the consigner when the goods are not delivered on time due to defaulting or negligence of the consigner. This bill of lading is non-negotiable. In order bill of lading, the consignee can obtain delivery of goods if the consignee provides a bill and evidence showing the consigner’s interest to transfer. This bill of lading is negotiable. In bearer bill of lading, any person holding the bill of landing is entitled to receive the goods. When the consigner does not mention the consignee’s name, it becomes a bearer bill and can be negotiated. Goods that are issued with a negotiable bill of lading can be received only if the original documents are presented at the time of delivery. However, the speeding of trade and transit operations has given way to the issue of non-negotiable documents for goods, which enables the consigner to receive the goods by just presenting the non-negotiable bill of lading (Forwarder Law, 2005). Some of the standard obligations that have to be fulfilled by the consigner include providing the carrier with consignees name and address and destination of the carriage. The nature, weight, volume and the quantity of the goods to be shipped are also to be clearly stated. Even the packing and wrapping style, number of packages and any other details needed to identify the goods need to be provided by the consigner. The consignor would be held be responsible for any damages, in the event of false or insufficient details being provided. According to Article 283 of the Carriage of Goods by Sea Act (CGSA) (1924), the Bill of Lading can be issued either in the name of a particular person or the bearer.   It usually consists of the following details, 1) Date of issuing the bill. 2) Venue where the bill was signed and brought to effect. 3) Place of departure and destination. 4) Names and addresses of the consignor, consignee, carrier and the carriage commission agent. 5) The value and identification details of the shipped items. 6) Date of shipping. 7) Freight and other expenses with an indication of whether they are payable by the consignor or the consignee. 8) The conditions pertaining to the loading and unloading, type of transport means required to be used for carriage, the route to be followed, a determination of the responsibility and any other special conditions which may be included in a carriage contract. In addition to the bill of lading, the carrier also issues a non-negotiable receipt called waybill which proves to be useful in a situation when the goods arrive before the transaction documents. It is also issued when the consignee and the consigner is the same person (Evans, 2001). This option can be chosen when the consigner decides to reduce paperwork. A ships delivery order is another document that undertakes to carry goods by sea. The provisions for this document are provided by the CGSA (1992). However, this document can neither substitute a waybill nor a bill of lading. According to Article 284 of the CGSA (1924), the carrier would be required to issue a bill of lading to the consigner. Alternatively, the carrier can also give a receipt mentioning the details of the goods carried and date of consignment to the consigner. The consigner would be required to deliver the goods to be shipped at the carrier’s premises. The consigner should also produce relevant document deemed necessary for shipping. The consigner will be held responsible for any liability arising as a result of inaccurate or incomplete information in the documents provided. According to Article 288 of the CGSA (1924), Since the carrier possesses the right to examine the packaged goods and the standard of packing before the carriage, the damage of goods arising due to improper packaging is not entirely borne by the consigner; the liability is shared with the carrier. According to Article 289 of the same Act, the initial examination of the goods would require the presence of the consigner, if opening of packaging is involved. If the consigner is absent during the inspection process, the examination would progress and examination costs would be levied from the consigner. If the carrier finds the goods to be unsuitable for transit, the consigner would be informed about the same. Such goods would be shipped by the carrier only if the consigner bears the liability of damage of goods and the consigner’s consent about the same is incorporated into the Bill of Lading. Cargo Insurance compensates the shipper with losses caused due to fire, loss of cargo and damage. However, losses that can be recovered from the carrier will not be compensated by Insurance Company. It is also popularly known as Marine insurance. It is further classified into Inland and Ocean Marine Insurance. Inland Marine Insurance is issued for goods that are transported without the involving any form sea transport and Ocean Marine Insurance is meant for goods that are shipped through waterways. The three pillars of Marine Insurance are insurable interest, utmost good faith, and indemnity (Export 911). Marine Insurance is not mandatory, unless it is mentioned so in the agreement. The proof of Insurance is provided by the Insurance policy duly signed by the authority of the Insurance Company.   Generally, the insurance would cover the loss or damage of coffee beans under normal circumstances. However, the insurance would become void when the shipper tries to or succeeds in causing intentional damage. When the loss of coffee beans is meagre or caused as a result of improper packaging, the insurance would not cover the loss. According to Article 292 of the CGSA (1924), the carrier is obliged to travel in the mutually agreed upon route mentioned in the agreement. However, the carrier is expected to take the shortest route if a route is not mentioned in the agreement. However, the carrier can change course if any unavoidable situation arises and the carrier would not be held liable for any loss caused to the consigner due to the late delivery of goods, provided a genuine reason is established. The goods being transported by the carrier should be properly safeguarded. The costs incurred in achieving this objective, such as repackaging charges are solely borne by the carrier. However, this does not imply taking additional care of the goods being transported. For instance, when animals are being shipped, the carrier will not be responsible for maintaining the health of the animal by providing food and water. The same condition will stand good while transporting plants as well. However, the carrier would have to take up such responsibilities, if such conditions governing the well-being of plants and animal are incorporated in the agreement Generally, the carrier will have the obligation to discharge the goods from the ship and bear the charges incurred towards it. In the event of the agreement not requiring the delivery of the shipped item to the consignee’s facility, then the consignee would have to receive the same on a particular date fixed by the carrier. If the consignee fails to do so, then s/he would have to bear the charges incurred by the carrier for storing the shipped item. However, the consignee has the right to examine the contents before acknowledging the receipt and refuse the same, if the carrier is not co-operating. The next protocol towards the emancipation of the shippers came in the form of the Brussels protocol in 1968. It was responsible for infusing an important clause called the container clause. It enabled shippers to claim the compensation for each container specified in the Bill of Lading (Admiralty Law, 2005). As a result, this liability system came to be known as the Hague-Visby Rules. An additional protocol was added in 1979 to enhance and revise the rules. However, neither of two supplementary protocols of the Hague rules was able to effectively modify the basic liability provisions. Hamburg Rules The Hamburg rules were enforced at the United Nations Convention on the Carriage of Goods by Sea held in Hamburg on 30 March 1978. The chief objective was to enforce a system that would share the liabilities and obligations between shipper and carrier in fairer manner. However, it was only able to mildly move the liabilities to the carrier.   In addition to the terms carrier, shipper, goods and ship, a term called ‘Actual carrier’ is defined by the Hamburg rules. It refers to a person or an agency to which the carrier hands over the complete or partial responsibility of carrying the goods. The time period for claiming the liabilities caused by the carrier is also specified by the Hamburg rules. The shipper can sue the carrier for any liabilities with a two year time period from the date of delivery of the goods. This period can be extended by issuing appropriate legal declarations. However, this time period gets reduced to 90 days, in the case of a second claim after the verdict is reached for the first claim. First of all, a written complaint has to be instituted to the carrier within the next working day, in the case of apparent damage or loss. However, in the case of damage or loss not being evident, the shipper would have to file a written complaint to the carrier within 15 days of receiving the goods. In order to be in a position to claim damages due to delay, the carrier would have to give a compliant to the shipper within 60 days of the delivery. The complaint can be sent to the carrier in writing or via telegraph. Adequate facilities will also have provided by both parties to inspect and clarify these claims. If the shipper fails to satisfy any of the aforementioned conditions, he or she will not be able to claim damages from the carrier. The Hamburg rules also specify the limits for liability compensation. The compensation for the liabilities arising as a result of damage or loss can not exceed an amount more than 2.5 units of account per kilogram or 835 units of account per package. This unit is quantified by the International Monetary Fund as a result of a Special Drawing Right. If the shipper’s State is a member of the International Monetary Fund, then the units would be changed into the State’s currency on the judgment day. If the shipper’s State is not a member of the International Monetary Fund, the units would be converted according to the State’s local laws. The liabilities for delay in the delivery of goods should not be more than the total freight payable; it can be up to two and a half times the freight payable for the goods that are delayed, under the contract of carriage. Arbitrations Disputes The arbitration of these claims and general disputes would normally take place in a venue of the claimer’s preference. However, the place should be with in accordance to the stipulations mentioned. It should not be a place outside the State where the defendant’s business or residence is located. It can also take place in a State where the contract was signed or at the place of loading or unloading the goods. Judicial action may also be taken against the carrier in the same places mentioned above. It is better to insure the coffee beans before they are to be shipped onboard a vessel, due to the risks involved in transportation. Since the carriers have only restricted limitations, it does make sense to obtain insurance. Most carriers shipping from Sao Paulo to Durham, for instance ‘Xiameter’ (2006) follows Carriage and Insurance Paid (CIP) delivery. Therefore, it is better to ship the coffee beans through a reputed carrier, in order to minimise risks and complete the shipping within a desired period of time. Bibliographies ACE- Baracuda, Guide to Incoterms, http://www.ace-baracuda.com/template7.asp?pageid=26 (accessed at: 23 April 2006) Admiralty and Maritime Law Guide, International Convention for the Unification of Certain Rules of Law relating to Bills of Lading (Hague Rules), and Protocol of Signature: http://www.admiraltylawguide.com/conven/haguerules1924.html (accessed at: 23 April 2006) Briel, E. (1947) International Straits: A treatise on International law, Nyt Nordisk Forlag, Copenhagen. Brooks, M, (2000) Sea Change in Liner Shipping: Regulation and Managerial Decision-Making in Global Industry, Pergamon press, Amsterdam. Brown, E.D. (1997) Law of Sea History. Bernhardt, R. (Ed), Encyclopaedia of Public International Law, Amsterdam, Northern Holland. Brugmann, G. (2003) Access to Maritime ports, Master of Laws (LLM), Books on Demand GmbH, Noderstedt, Germany. Caron, D. (1989) Ships, Nationality and Status. Bernhardt, R (Ed) Encyclopaedia of Public International law, Vol. 11, Amsterdam, Northern Holland. Lex Mercatoria: Information on United Nations Commission on International Trade Law (UNCITRAL), UN Convention on the Carriage of Goods by Sea 1978: http://www.jus.uio.no/lm/un.sea.carriage.hamburg.rules.1978/doc (accessed at: 23 April 2006) References Admiralty Law (2005) Hague-Visby Rules. Available from: http://www.admiraltylaw.com/statutes/hague.html (accessed at: 29 April 2006). Admiralty Law Guide (2006) Hague Rules. Available from: http://www.admiraltylawguide.com/conven/haguerules1924.html (accessed at: 28 April 2006). Arnold, A (2003) Relocation Terminology. Available from: http://www.aarnold.net/terminology.htm (accessed at: 28 April 2006). Evans, J (2001) Law of International Trade, 3rd Edition, Old Bailey Press, London. Cornell Law School. (2005) International Trade. Available from: http://www.law.cornell.edu/wex/index.php/International_trade (accessed at: 29 April 2006). Export 911. Principles of Cargo Insurance. Available from: http://www.export911.com/e911/ship/principl.htm#xInstitute (accessed at: 30 April 2006). Forwarder Law. Status of Seaway Bills. Available from: http://www.forwarderlaw.com/library/view.php?article_id=237 (accessed at: 30 April 2006). Fraud Aid. (2005) Documentary Credit. Available from: http://www.fraudaid.com/Dictionary-of-Financial-Scam-Terms/documentary_credit.htm (accessed at: 28 April 2006). International Business Institute. (2000) Incoterms 2000. Available from: http://www.i-b-t.net/incoterms.html (accessed at: 29 April 2006). Organisation for Economic Co-operation and Development (OECD). Hague Rules of 1924. Available from: http://www.oecd.org/document/41/0,2340,en_2649_34367_2086825_1_1_1_1,00.html (accessed at: 29 April 2006) (2006) Bill of Lading. Available from: http://en.wikipedia.org/wiki/Bill_of_lading (accessed at: 28 April 2006). Xiameter (2006) Incoterms 2000 Descriptions. Available from: xiameter.com/content/bxrules/incoterms.pdf (accessed at: 24 April 2006).

Why I Think They Should Legalize Pot :: essays research papers

Why I Think They Should Legalize Pot By Hagbard Celine There has recently been lots of contreversy over whether they should legalize marijuana, or not. I think they should, and there is lots of important evidence and reasons to support this. If drugs were legalized, this country would be a much nicer place to inhabit and for this reason and others, the government should stop cracking down on harmless pot users. Here are the reasons why weed should be legalized in the United States: First, our prisons are so full of drug users like harmless pot smokers and such that we do not have any place to stick real criminals. A friend of my brother's was killed by a drunk driver about three years ago when he went off to college. The guy who did it got community service time, and a year without his liscense. This is not justice, and changes need to be made. We can't throw every little pot head in jail just because they like grass. After all, it's not like it's cocaine or something, which should still be illegal. Second, marijuana is not even as bad as some of the stuff that's legal. You are more in control of your senses than when trashed, and not nearly as violent. Nobody has ever died directly from getting stoned. Smoking a joint is not as likely to cause cancer as a cigarette, and weed isn't addictive. In fact, there are very little bad sides to smoking marijuana. It doesn't even burn your throat as much when you smoke it in a bong as do cigarettes. Thirdly, if the price of pot went down quite a bit, then there would be no crime because of it. Pot would be very good for our economy, and pot farmers would make lots of money. It's easy to grow, hence the nickname "weed." And the price would drop so much that a dime bag would be a penny bag, and a 100-

Mayhew

Mayhew Analysis Paper In the book, Congress: The Electoral Connection, David Mayhew addresses his opinion about the political system, and centralizes his argument on the assumption that the only intent a member of Congress has is reelection. The bulk of his argument is the behavior by the members of Congress involving advertising, credit claiming, and position taking, which we discussed in class. Mayhew believes that these actions by the incumbent congressmen illustrate that they are more worried about keeping their seat, than anything else.The first election activity mentioned in the book is advertising, which is defined by Mayhew as: â€Å"any effort to disseminate one’s name among constituents in such a fashion as to create a favorable image but having little or no issue content,† (49). By spending money on advertisement, the house incumbent has a sizeable advantage over their opponent. Mayhew’s distaste for this tactic comes from the sole purpose that most of it is done while the congressmen are in office.In my opinion, I feel that Mayhew thinks of congressional elections as more of a popularity contest based on this statement, â€Å"There are standard routines—frequent visits to the constituency, nonpolitical speeches to home audiences, the sending out of care booklets and letters of condolence and congratulation,† (50). Mayhew realizes this is an unprincipled manner to get reelected, but it will not stop and congressmen will continue to take advantage of advertising anyway possible.The second behavioral motive Mayhew discusses in the book is credit claiming. This allows the incumbent to take credit for government accomplishments and look good to the constituents. The credit claiming tactic allows for a member of Congress to stick out as an individual rather than affiliated with a particular party. In order to do so, like we discussed in class, the congressmen must provide assets to the constituents that they can take abs olute credit for.Mayhew argues that a congressman may take advantage of this due to little knowledge, â€Å"For typical voters Capitol Hill is a distant and mysterious place; few having anything like a working knowledge of its maneuverings,† (69). Therefore, constituents have no way of knowing if the credit claimed by their congressman is valid or not. This is why Mayhew argues that this tactic is flawed because it may look to the constituents that the congressmen is putting in hard work, when really it is redundant actions to that district to help them get reelected.However, like advertising, this is a very important reelection tool and the incumbent wants to appear loyal to the constituency. Mayhew discusses position taking, which is the third activity congressmen use in their pursuit for reelection. It is defined in the book as â€Å"the public enunciation of a judgmental statement on anything likely to be of interest to political actors,† (61). Mayhew argues here t hat most incumbent’s judgment involves speaking on the issue rather than acting on it. In class, we discussed what happens in a role call and the member must pick a side.Mayhew states that most congressmen will take the conservative route and take the position that got them their seat to begin with. This validates Mayhew’s argument that most congressmen are content with their position due to the prestige that comes with it and it pays well. So why would they want to leave? A congressman who has been reelected before knows what the constituents want, causing them to take familiar stance on issues like they have in the past. These three tactics by incumbents seeking reelection draw enough conclusive evidence to contradict the following statement: â€Å"The U.S. Congress is a representative institution that effectively responds to the preferences of a majority of Americans. † The words representative, institution, and effectively caught my eye. Yes, there is repres entation, but it deems insignificant in the fact that it is more on the congressmen’s mind to stay in seat for their sake, rather than really helping the constituents according to Mayhew. There is no institution, it is a group of individuals each trying to create a positive image to the constituency through advertising.In the United States Congress, congressmen do not need their party to win the nomination, â€Å"In America the underpinnings of ‘teamsmanship’ are weak or absent, making it possible for possible for politicians to triumph over parties,† (22-23). Mayhew uses the British Parliament as an example of strong party influence. The analysis and assessment of Mayhew’s argument on the reelection process allowed me to conclude that the accuracy of the statement above sounds true, but when broken down, it is not.Mayhew made very strong and valid points about the incumbent’s process in order to remain in Congress. Also, relating back to cla ss discussion, most members will vote in the direction that best suites them, which Mayhew talked about in part two of the book. It is apparent that with Mayhew’s argument that many congressmen put themselves ahead of their constituents, which is not appropriate representation. In conclusion, it is visible that the intent a member of congress has is reelection.Mayhew clearly shows with his argument that the election activities of advertising, credit claiming, and position taking are done merely for reelection purposes and not for the betterment of the constituency. These three tactics have very little to do with legislation and more so with publicity and appeasing the district by miniscule deeds and conservative voting that the incumbent has done in the past. However, these three strategies are assets to current congressmen and they will continue to take advantage of them.

Filipino Thesis - 4803 Words

Far Eastern University Sampaloc, Manila Institute of Accounts, Business and Finance Epekto paggamit ng cellphone Sa Mga PilingMag-aaral Isang Proyekto Bilang Pangangailangan sa Filipino Ipinasa kay Professor Alicia M. Cabrera Ipinasa nila Princess Mae Modesto Kim Atienza Talaan ng Nilalaman Kabatanata I Suliranin at Sandigan ng Pag-aaral Panimula †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 1-2 Batayang Teorya †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 2 Konseptwal na Balangkas ââ€"  Talahanayan Blg 1 †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 3 Paglalahad ng Suliranin †¦..†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 3 Hinuha (Hypothesis) †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦... 3 Kahalagahan ng Pag-aaral †¦.†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦... 4 Saklaw at Deliminasyon †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 5 Katuturan ng mga Katawagan†¦show more content†¦Ang cellphone ay maraming naidudulot na kabutihan subalit maaari ring magdulot ng kasamaan kung pagmamalabisan. Hindi sa lahat ng oras ay may naidudulot itong kabutihan o positibong epekto, bagkus may mga negatibo itong epekto sa ating sariling pagkatao, kalusugan, moralidad o kaugalian. Kailangan din tayong matuto na ang lahat ng bagay ay may limitasyon dahil, ang hindi natin alam ay may roon na pala sa ating nawawala. Batayang Teorya Sa konseptwal na balangkas ay makikita ang talahanayan ng Input, Process at Output. Sa Input nilalagay ang mga ideya na kailangan pang suriin o gawin para maging isang makabuluhang impormasyon. Ito rin ang nagsisilbing gabay kung ano ang mga dapat mong gagawin o hahanapin para mapabilis ang iyong paghahanap sa mga impormasyon na kailangan mo. Sa Process makikita ang mga pamamaraan na ginamit ng mananaliksik upang mabigyang linaw ang lahat ng mga tanong na nasa isipan. Dito isinasagwa ang mga ideya na nahanap mo, kasama na ang mga metodolohiyang pamamaraan. Dito mo makikita kung paano binibigyang buhay ang mga ideyang nakulikta mo sa pagsisiyasat. Sa Output naman makikita ang ang lahat ng kalalabasan o resulta sa iyong pagsisiyasat. Dito nilalagay ang mga sagot o impormasyon na basi sa mga nakulikta mo sa iyong pananaliksik. Konseptwal na Balangkas Talahanayan Blg. 1 Paglalahad ng Suliranin 1. Anu-ano ang mga katangian ng mga responded? a. Edad d.Kurso b. Kasarian e.Show MoreRelatedThesis in Filipino18532 Words   |  75 PagesPilipino. Tiyak sa ganitong paraan na wala ng mapapahamak, lalo na sa sitwasyong ng krisis at krimen. MGA SANGGUNIANG AKLAT (n.d). The handbook of mass media ethics . (2008). New York: Routledge. Abaya, H. J. (1968). Our Vaunted Press, A Critique. The Filipino Press and Media, Democracy and Development. pp. 7-16. Ables, H. A. (2003). â€Å"Mass Communication and Philippine Society†. Quezon City:The Universtiy of the Philippines Press Diliman. Agee, W. and Emery, E. (1994). Introduction to Mass CommunicationsRead MoreThesis in Filipino3948 Words   |  16 Pages TAONG-AKADEMIKO 2010-2011. Isang Pamanahong Papel na iniharap sa mga Dalubguro ng Departamento ng Filipino Our Lady of Fatima University Lungsod ng Valenzuela Bilang Pagtupad sa isa sa mga Pangangailangan Ng Asignaturang Filipino 2 Ng BSN1y2-7 – Filipino Marso, 2011 DAHON NG PAGPAPATIBAY Bilang pagtupad sa isa sa mga pangangailangan ng asignatuang Filipino 2, Pagbasa at Pagsulat sa Iba’t Ibang Disiplina Tungo sa Pnanaliksik, ang pamanahong-papel na itoRead MoreThesis Sa Filipino1058 Words   |  5 PagesKAPINSALAAN NG KOMPYUTER SA BUHAY ESTUDYANTE ISANG MUNGKAHING PAPEL NA INIHARAP KAY DR. IMELDA VILLARIN CEBU TECHNOLOGICAL UNIVERSITY ISANG PARSYAL NA PAGTUGON SA KAHILINGAN SA ASIGNATURANG FILIPINO II Pangalan ng mga miyembro; Aying , Alona S. Bejoc , Emery E. Miro , Israe May M. Olasiman , Cristal E. Orandang , Janine Panerio , Ruben Tomongha , Irene M. Read MoreManny Pacquiao Essay777 Words   |  4 PagesBrian Katz Public Speaking Professor Jill Strahl Outline on Manny Pacquiao SPECIFIC PURPOSE: To give a 5-6 Minute speech on Manny Pacquiao THESIS:   More specifically, the Boxer, the Philanthropist and the Politician. INTRODUCTION I. Attention grabber:  Pound for pound, Manny is the best boxer in the world, but even more important than holding that distinction, Manny has connected with the people of his home country, the Philippines, to the point where he is almost like a god.Read MoreIsyu Sa Wikang Filipino4603 Words   |  19 Pagesimmortality of souls among the faithful. Perhaps my saying outright that I am a partisan for a national language, Filipino, may outrage the postmodernists and cosmopolites among you—how can you say such a thing when you are speaking in English? Or, as Senator Diokno once said, â€Å"English of a sort.† How dare I infuriate the loyal speakers of Cebuano, Ilocano, Pampagueno, Ilonggo, Taglish, Filipino English, and a hundred or more languages used in these seven thousand islands. One gives up: it can’t be helpedRead MoreHistory of Philippine Fashion1773 Words   |  8 PagesThe Filipino people however did try to determine their own Filipino character but no t without incorporating the foreign characteristics they have acquired during the hundreds and hundreds of years they experienced with foreign powers. The Spanish Colonial Era was the longest colonization the Philippines was subjected under. Naturally, the country has picked up a lot of the Spaniard influences. Three hundred years under Spain’s rule brought about alterations and innovations to the Filipino wayRead MoreChapter2: Review of Related Literature and Studies1861 Words   |  8 PagesThis chapter presents the literature and related studies which have direct bearing on this study. It also discusses the values reflected in the proverbs and the proverb as a reflection of Filipino character, its function in the society, its nature and purpose, its stylistic peculiarity and its significance in Filipino culture. Folklore Prof. Damiana Eugenio (2002), a renowned Filipina folklorist, said that there is no universally accepted definition for the word â€Å"folklore†. But she gave a descriptionRead MoreFliptop Battle: the Modern Balagtasan4068 Words   |  17 Pageswords especially on Filipino people as shown on television, internet, radio, or even newspaper. Multimedia serves as a pathway for manifesting new ideas on preserving languages like the newly formed Filipino rhythmical poetry debate known as â€Å"Fliptop Battle† popularized through â€Å"Youtube†, a very popular video sharing Web site that lets anyone upload short videos for private or public viewing.4 Fliptop Battle is a rap battle league in the Philippines partake by young Filipino rappers or popularlyRead MoreThemes of Filipino Komiks Short Stories: a Content Analysis Themes of Filipino Komiks Short Stories: a Content Analysis Themes of Filipino Komiks Short Stories: a Content Analysis5271 Words   |  22 PagesTHEMES OF FILIPINO KOMIKS SHORT STORIES: A CONTENT ANALYSIS ABSTRACT This study is a content analysis of the various themes, sub-themes and the types of endings contained in the short stories in Filipino comic books, thereafter referred to in its vernacular form, komiks. The study sampled 30 komiks from two of the top komiks publishers in the Philippines. There were 10 samples of EXTRA (Special) komiks by the Atlas Publishing Company, thereafter referred to as Atlas Publishing, and 20 samplesRead MoreFilipino People and Exposition Grounds Rizal4073 Words   |  17 PagesParisian life .despite the social parties and the glittering   light of the city , he continued his fruitful artistic , literary , and patriotic labor(makabayang pag gawa), he published his annotated(comment) edition of Morgam’s success; founded three Filipino societies, the kidlat club, the indios bravos , and the R.D.L.M.; AND wrote por telefono , satire against fr.salvador font. Difficulty of finding quarters. on march 1889 , it was extremely difficult For a visitor to find living quarters in Paris