Ford and G.M. Lose Grounds to Imports Essay Example | Topics and Well Written Essays - 500 words

Ford and G.M. Lose Grounds to Imports - Essay Example companies, which has resulted in dwindling of the market share of the â€Å"Big Three†, with particular emphasis on the car segment of the auto industry, and forcing the â€Å"Big Three† to respond in an attempt to hold on to the large market share. In spite of such efforts the Japanese auto manufacturer Toyota in October 2004 forged its way into the top three largest auto sellers in the United States of America, displacing Chrysler from this prestigious position. This event has led to the speculation that the structure of the U.S. auto industry is likely to see a change, wherein Japanese auto manufacturers are likely to rub shoulders with the traditional â€Å"Big Three† manufacturers of General Motors, Ford, and Chrysler. (1). The Japanese auto manufacturers have started edging towards and past the three big American auto manufacturers in terms of market share. There are two possible key factors involved in the pull of the American customer towards Japanese auto products. The first is the Japanese auto products are more economical than the American products, which is related to the strategies employed by the Japanese in boosting the productivity of their employees and cutting manufacturing costs. In the current scenario of job insecurity, investment in the purchase of a new vehicle is bound to be conditioned by the worsening economic scenario. The second possible factor is related to the rising costs of petroleum products. Japanese cars are less of gasoline guzzlers in comparison to the American cars, and with rising fuel prices and unstable incomes the Japanese auto products are more attractive to the American customers. This is reflected in the continuing rise in the sales of Japanese auto products in s pite of the response of incentives by the American auto manufacturers. (1). Put in a nutshell, we may take the game theory as an attempt to explain the strategic actions in a competitive environment and the gains and losses that could emanate from these actions

Illegal Immigration and US Policy Essay Example | Topics and Well Written Essays - 1750 words

Illegal Immigration and US Policy - Essay Example Illegal immigration is one of these issues. Illegal immigration is a multifaceted problem for the United States, and therefore politicians are unwilling to develop a solution, at least not yet. It seems that our representatives in Washington are more concerned how their actions will affect their political base, and thus their ability to remain power rather than making honest evaluations of the impact 11 million illegal immigrants are having on the American economic engine. After all, if the politician isn't able to engender support and win voters by his or her policy decisions, why make a decision at all Why not pass the problem onto the next senator or congressman, and make them deal with the political hot button rather than risk taking a dive in the next popularity pole. According to the San Francisco Chronicle, the current estimate on the number of illegal workers in America is over 12 million, with 400,000 arriving each year. 1 This number breaks down to 1100 illegal immigrants per day entering this country. For the Democratic Party, who typically builds large social support programs in order to influence voter support, this group represents an up and coming power base. For the Republicans who lean toward supporting business efforts in order to stoke the fires of our economic engine, this group represents huge amounts of inexpensive labor. However, for the people of our nation, these groups if immigrants represent the following problems rather than a potential voter block. For the labor unions, inexpensive labor represents a virtual coup which will undermine for their stranglehold on American labor force. For the American social services sector, these illegal immigrants represent a drain on the limited economic resources allocate to serve the poor and the needy of our country. For the educational system, the influx of non-English speaking students has created a significant strain on educational progress, and educational quality at a time during which the educational system is already lagging behind world standards. Affecting union and organized labor, education, medical and social services, and finally legal systems - this growing people group represents a threat to the very establishments which make our nation great, and set up apart from countries like Mexico, from which the majority of illegal are escaping. Illegal Immigration and Labor At the heart of the argument is the claim that illegal immigrants are only here to do work that Americans will no longer do. They work the fields, landscape, and take low wage jobs which Americans refuse to do. Vicente Fox, the Mexican president, has recently said that "Mexicans do jobs that even blacks won't do." 2 While this idea is distasteful to hear, the general concept is unfortunately accepted by many politicians. Therefore, according to those who support illegal immigration, they are a necessary part of the American economic landscape. To some level this claim is accurate. Our nation has always had a class of peoples which worked below the economic parity, and produced much for little pay. When our nation was settled, African slaves were imported in the South. Their work fueled the textile industry, and made it possible for America to move to the forefront in this industry. During the 1800's, and the nation's westward expansion, the Chinese immigrants,

Ford and the World Automobile Industry Essay Example for Free

Ford and the World Automobile Industry Essay Changes in the structure of the auto industry The 1965-1972 automobile industry was a low competitive environment, and as a consequence was a profitable industry. Indeed, during this period: ?Industry rivalry was rather low: ?The automotive market was fragmented into separate national markets and the primary concern of manufacturers was their domestic sales. As a consequence only a few competitor were disputing each market. ?The supply was meeting the demand in a correct manner: the production could provide the number of vehicles bought each year, without a major over-capacity. As a consequence, fixed costs were â€Å"under control†; no manufacturer was trying to gain market share in order to spread fixed costs over sales volume. ?Car models were much more differentiated that during the 2000’s. Several technologies were used in the various models available. As a consequence, models were considered as more unique by customer, hence a weaker tendency to switch between manufacturers. ?Suppliers power was almost inexistent, as manufacturer were much â€Å"vertical integrated†, to reduce costs and increase flexibility. Oil price was not a concern, with barrel under $15 during the whole period (expressed in 2006 US $). With no environmental concern, the substitution threat was very low. ?Low competition in national market and high capital costs were mainly responsible for the low threat of new entrant in each local market. Moreover markets were far from being global, notably due to the transportation problems, which were on the verge to be so lved : becoming global would have required at that time to completely reinvent the production process, as shipping components would have been excessively complex. Between 1972 and the beginning of the 2000’s, the world automobile market has faced a major upheaval, which primarily is due to one major phenomenon: â€Å"globalization†. The GATT and other international agreement have provided a framework for global trades, including the automobile industry. Moreover the slow growth rates of the industry provided incentives for manufacturer to look for new markets. This resulted in a major shift in the industry structure: ?The competition intensified during the period, The introduction of completely new manufacturers of market that used to be stable: the new production, management and transportation methods gave a boost to the competition atmosphere. ?Excess capacities were added during the 80’s and 90’s, when Japanese companies tried to enter foreign markets (and most notably the US), resulting in high fixed costs that had to be covered. This high fixed costs problem was reinforced by the rising new models development c osts. ?Car model standardization induces less differentiation, hence an easier customer switch between manufacturers. Moreover the fact markets have globally the same structure among different countries (luxury car/SUV/salient/low-cost cars) make it easy to compete around the world. ?Consumers have been requiring more â€Å"esthetic† personalization, requiring more flexibility in the manufacturing technology. That has reduced the benefits of economies of scale. ?New entrants have appeared and are still threatening to enter. Despite the major capital requirements to enter the automobile industry, several new competitors have emerged on each market segment during the last 40 years. On the one hand, developing countries have created national manufacturers, often protected by their own legislation before deciding to go global. On the other hand, existing multinational do have the cash required to enter new segment market, as the SUV example shows. ?The suppliers bargaining power has had a tendency to rise, and more and more manufactured decided to outsource the component manufacturing. This is reinforced by the fact that several component supplies have become as big as automotive manufacturers. Buyers have never been so well informed about models, performance, security concerns and innovation. As a consequence, major manufacturer have to constantly integrate new technologies into their cars, resulting in major costs. The automobile industry has undergone major changes in 40 years. The major increase in competition due to globalization, the industry structural changes and consumer evolution has made it much more difficult to generate profit. 2. Next 5 years struct ure changes? Observing the current automobile industry, one can try to predict some major trends that will characterize the future market. Competition will probably intensify above the current level, with several emerging countries on the verge of entering the world market (e. g. Tata Motors from India and Chery Automotive Company from China – see [3]). As a consequence, new major plants will probably being built by those new competitors, to provide the market with their own model, while existing leader will go on building their own on growing markets. So excess capacity will last. The price on war resulting will probably induce industry concentration, which will be divided into two different categories: on the one hand, one can predict mergers and acquisition, as it has existed until now, resulting in fewer competitors. On the other hand, closing of brands owned by international companies are likely to happen, because their profitability plummeted due in particular to lack of investment . From the customer point of view, several trends are to be noticed. First customer all over the world will become more and more concerned about environment. This problem along with the high oil price will force manufacturer to develop models consuming less gasoil, or using alternative energy sources. As a consequence, new model development prices are likely to get higher that now, requiring major investment. Second selling model to developing countries and lowering purchasing power in the western countries will provide incentive the develop new small and cheap models. 3. Future profits? As a consequence, it is likely that the industry will be less profitable during the next 5 years: intense price competition, heavy investment, major flexibility required by customers’ changing demand and personalization requirement will force manufacturer to lower their costs and profit as much as possible. 4. Successful companies As seen above, future leaders on the automobile industry will have to be: ?Able to face major investment costs, with available cash flow and not suffering from major high production costs, including for example the healthcare and retirement problem the 3 major US manufacturers are facing. Able to reduce prices as much as possible, by offshoring, reducing wages, automation and innovation in production management. ?Able to flexibly adapt their models to the demand. That requires production adaptation as well as deep understanding of the local markets, notably through a strong retail network. However, the evolution of transportation conditions and wages in developing countries (see [5]) will provide incentives for â€Å"near shoring†. Companies from BRIC countries will not as a consequence benefit from better costs conditions on their own countries, despite the developing costs will be under control. Moreover, developing an efficient retail network within 5 year is very strong challenge. To conclude, the companies that are likely to succeed on the world automobile industry during the next 5 years are production efficient and huge companies, which have already entered the major world markets and solved their major cost issues. 5. Ford solutions Where considering the three majors key points exposed above answering question 4, it can be deduced that Ford will have to face important issues to keep its position on the international automobile industry, especially with the new entrant threats. As a consequence, one major issue that Ford will have to address is the healthcare and retirements plans that lie in its balance sheet, and degrade its capacity to invest. Some great negotiation will unions will consequently have to occur. General Motors show a path during the year 2008 that could be used by Ford as well. As pressure on costs will still be prevalent, Ford will have to adapt its production tool. Some great effort on flexibility will have to be made, to be able to quickly react to the customer changing needs. May new factories need to be built, they should be placed near shore their target market. This strategy will allow cost reduction as well as adaptations to the local markets, which always show some important differences even if the market structure is often the same. To reduce costs, Ford will probably have to reduce its brands portfolio (for example to 3 or 4 brands in the US), to cover the whole industry market while lowering developing model costs and keeping fixed costs under control. Finally, one important point would be to get more important control over distribution channel, as it is a greater profitable industry that the manufacturer industry. Moreover, it appears from some analysis (see [8]) that the added value is mostly located into that area: customer can feel the differentiation there rather than on the pure manufactory area.

Herzs Theory of Political Realism

Herzs Theory of Political Realism Focusing on one of the key tenets of political realism, Herz emphasizes that in modern international relations, power was, and remains the ultimate means of solving problems and settling contentious issues. Sometimes, however, occur deviations from this principle when elements such as, for example, the economic interests of a particular group or religious consideration, moral, or even a personal plan of government policy gone clean power, mechanical, linear relations. In this case, for example, a Catholic country can join the union, contrary to their own interests, the other Catholic country, or state decides to intervene in the affairs of another state not for reasons of Realpolitik, but only because in that other State infringed the interests and rights class or minorities that the first state is seeking to protect. Nevertheless, despite the occasional deviations of this kind, in the international arena is dominant it Realpolitik. Just as economic competition within the state led to the emergence of economic man and the dominance of economic incentives, competition for power, force, power (power) led to the emergence of powers (powers) and to dominate the relations between states factors force power. Once power has appeared in international relations, all other considerations are superseded. Attempts to base its policy on any other principles would weaken and ultimately destruction of the state. Speaking of the international system Herz indicates that in general terms they can be understood as the distribution or concentration of military power, economic wealth, the other elements of power, but treat them as objective factors that determine the views of the management of foreign policy decisions on is not realistic. Herz earlier believed that the policy of the balance of forces determines the requirements of contemporary (modern) state system, but now it has come to the conclusion that in fact the existence of a balance of power depends on the views of the leaders of member states of the system. Even in the XVIII and XIX centuries, which are considered the heyday era policy of balance of forces, the balance of power system, according to Herz, existed only in the minds of British statesmen who practiced maintaining balance in international politics. For most public figures other European powers foreign policy was soon arena of struggle for dominance, in which the balance wa s only a passing episode in the dynamic process of constant change. In 1914, Germany finds himself surrounded by superior forces of the three countries, while these countries felt that Reich breaks for hegemony. As demonstrated by the end of the war, namely, that the Allies had to seek assistance from the United States, the latter view was more correct, that is, more in line with reality of international politics. Herz considers it necessary to emphasize that a different understanding of the international system and led to the outbreak of war. Similar differences, in his opinion, there are today. Some researchers suggest the existence of a bipolar balance between the two nuclear units, while others say that there are three, or even five poles. Some see the emergence of Soviet hegemony, whereas immediately after the Second World War, the international system was evaluated as the American empire. Other scientists say that should not be seen as a system of international relations of traditional unions powers competing in a force field, they argue that this understanding of the world is out of date and highlight the importance of factors such as the economic power groups such as OPEC, the power and influence of transnational actors ( such as transnational and multinational corporations ). Such differences indicate Herz, and there on the concept of force, which is the fundamental, but also the most difficult to define the concept of realism. Most realists do not adhere to a narrow, limited understanding of force only in terms o f military power. Power is seen as a number of factors and conditions from the economic resources to the morale of the population. As a rule, however, stipulated Herz, realistic perception ignored the subjective factor : the elements of the image, status and prestige. Power depends on perception. What they think of one other State itself may increase or decrease the force. Herz believes that the power of France in the period between the two world wars overestimated, which gave her considerable leeway in the international arena. The strength of the Soviet Union, by contrast, was underestimated, which consequently reduced the freedom of action of the USSR in world politics. Therefore, concludes Herz is necessary to study the role played by the images and their creation, the role of status, ranking diplomatic symbolism, recognition and non-recognition. Perception of form views, views of the flow of action. Herz believes that power politics in the modern world largely consists of image-making, the role of creating an image more increases with the importance of the people in the foreign policy. At the moment, says Herz, can hardly be called aspect of foreign policy, which would have been deprived of propaganda tones, designed to create the appropriate image for the allies, enemies and neutral states, and for the population of their own country. Huge bureaucracies busy representative functions. Herz also believes that the traditional understanding of the power becomes more relative. Nuclear superpowers are increasingly helpless when faced with blackmail terrorist groups and governments, while the tiny pseudo- sovereign country in which, according to Herz, there is nothing but sand and oil, can cause trouble sizable mightiest states in the traditional sense. Conceptual link between the notion of power and other basic concept of political realism, the national interest, is the concept of security. However, the safety indicates Herz, even more difficult to determine than the force as it is to an even greater extent is based on the feeling, perception. Neo-isolationism, according to Herz, it is very convincing because in traditional approaches is difficult enough to justify the need for a global advocate of U.S. national interests. According to Herz, the Americans feel they can not take Israel, West Berlin, Norway or New Zealand. And not only because the bound ( stick to their means to maintain the image and break them means losing face ), but because it would otherwise be lost soul foreign policy goal. In the nuclear age, said Herz, foreign policy objectives and interests of the state must be defined in such a way as to preserve the world recognize the important interests of all. This implies the need for deterrence, the need to delineate the dividing lines that separate spheres of influence. Division of the world into spheres of influence reduces the chances of the West to spread liberal democratic principles into the country under the control of the Soviet Union, but also reduces the chances of the spread of communism to liberal- democratic countries. The proposed combination of foreign policy objectives with the fundamental principle of the conservation of the world, according to Herz, is the direct opposite ideologies crusade in the spirit of both Woodrow Wilson and Lenin. Such ideology emphasizes Herz always condemned political realism. Herz expresses its full agreement with the statement by Robert Jervis ( which traditionally referred to neoidealistam ) that explain human actions can not be out of touch with their worldview. In addition, this also applies to the future. According to Herz, our future is the way we understand it ( It is noteworthy that the key to social constructivism of Alexander Wendts article, written in 1992, called Anarchy is how it is understood by the state ). Actions based on the perception of the past, present and future, determine what kind of future will materialize out of the chaos of possibilities. On the other hand, anyone claiming to be realistic prediction of the future must come from the givens of the current situation. The main thesis Herz now granted indeed interdependent global world in which happens in one place affects the people and processes worldwide. Ultimately, concludes Herz, globalist worldview is the closest to reality, and the development of global communication and information networks makes a similar outlook for its increasingly growing number of people. Information and images can still be manipulated. Nevertheless, it is hoped that global problems are so urgent that the traditional limited, parochial views give way to such views that recognize the interdependence of nations and peoples, as well as common problems. One can hope Herz believes that governments and peoples are aware of, except for the threat of nuclear annihilation, the gravest threats to the triad : demographic problems caused by avalanche population growth, economic problems related to the depletion of scarce resources, environmental issues extinction liveable space. In other words, we must recognize that, for the first time in human history, the very existence of the human species is endangered. Herz, making characteristic of political idealism conclusion concludes that it is necessary to change the international order to ensure the cooperation of national and subnational actors with international and multinational organizations. States should transfer part of their sovereignty to supranational agencies and thereby give them more power. Radical changes should move away from the traditional approach to disarmament and security issues, to radically change corporate social and economic structures, the dominant reality in most ind ustrialized nations, transform prevailing in developing countries militarist alliance plutocratic elites with multinational corporations, which leads to exploitation population of these countries, change the international order, which is still determined by the tendency of States to preserve its sovereignty at all costs. Thus, despite the fact that he J. Herz still considers himself a realist, in fact his position combines the basic elements of constructivism in the form in which it expounded Alexander Wendt, and neoliberal institutionalism. Apparently, the only reason to attribute these views to the paradigm Herz classic American political realism can serve only its own statement that these views reflect objectively existing reality.

Film Analysis of All That Heaven Allows Essays -- Papers Movie Film Ci

Film Analysis of All That Heaven Allows Chosen sequence: Golden Rain Tree/Cary's bedroom scene. Before the emergence of 'auteur theory' the director Douglas Sirk was a renowned exponent of classical Hollywood narrative, particularly in the genre of romantic melodrama, of which his film All That Heaven Allows is a classic example. However, he is now regarded as a master of mise-en-scene, one of the few tools left to a director working within the constraints of the Hollywood studio/institutional system who is now thought to have been highly critical of American mainstream culture and society in this prosperous era. 1, 2 The 'Golden Rain Tree' sequence occurs early on in the film after the opening panoramic, establishing shot - showing the scene of the action, a small middle-class New England town in autumn. The main protagonists are soon introduced of which the prime causal agent is an unsettled woman, Cary Scott (Jane Wyman), in keeping with romantic melodrama. As a widow, she is a victim of circumstance who is eager to change her life. Her friend visits (Mona) and hopes to persuade Cary to take a conventional route out of widowhood but, by chance, she meets the gardener, Ron Kirby (Rock Hudson) and from the mise-en-scene in these opening scenes it is obvious that she would prefer a romantic affiliation of some sort with Ron. After a few pleasantries, some tea at the table outside Cary's house and some profound references to gardening, Ron goes to hand Cary a small brance/twig, evidently a token of deep affection. The film so far displays all the conventions of classical narrative and maintains all the dominant ideologies o... ...lassical narrative cinema. In Being There, the character and motives of Gardiner are made much clearer to the viewer through the imaginative use of mise-en-scene, as illustrated above. NOTES 1. Carroll. Essay The Moral Ecology of Melodrama: The Family Plot and Magnificent Obsession. p. 170. 2. Cook. p. 76-79. BIBLIOGRAPHY An Introduction to Film Studies Jill Nelmes (ed.) Routledge 1996 Anatomy of Film Bernard H. Dick St. Martins Press 1998 Key Concepts in Cinema Studies Susan Hayward Routledge 1996 Teach Yourself Film Studies Warren Buckland Hodder & Stoughton 1998 Interpreting the Moving Image Noel Carroll Cambridge University Press 1998 The Cinema Book Pam Cook (ed.) BFI 1985 FILMOGRAPHY All That Heaven Allows Dir. Douglas Sirk Universal 1955 Being There Dir. Hal Ashby 1979

Icons of Ambivalence in Bless Me Ultima Essay examples -- Bless Me Ult

Icons of Ambivalence in Bless Me Ultima  Ã‚        Ã‚   The portrait of Mexican Americans is layered in shades of ambivalence. Aside from the fact there is evidence that they can not really be classified as a migratory culture in that the land where they tend to migrate once belonged to Mexico, they can also lay an earlier claim to the land as Native Americans. The Spanish Europeans who settled in the area that became Mexico evolved as the dominant culture over the oral culture of the Native Americans. Nevertheless, there is evidence of ambivalence among the Native Americans to the dominant culture of the Spanish in what is arguably one of the Mexico's basic texts, the story of the Miraculous Apparition of the Virgin of Guadalupe in 1531. The Virgin of Guadalupe does not fit the usual model of the Virgin as she appears to believers, the biggest change being her native appearance. She is of the dominant culture's religion, and yet she is not. Her appearance is one of only eight worldwide that have found acceptance by the Catholic Church (Apparition 48). Moreover, she is a symbol of the native culture as well and has reverence in the eyes of both Mexicans and Mexican Americans that remains evident to date. Notably as well, Bless Me Ultima, a modern work of fiction set in New Mexico, depicts not only ambivalence toward the dominant culture of the United States, but also remnants of the same ambivalence toward the Catholic Church found hundreds of years earlier in the native culture of Mexico. Ultima, one of the principle characters in the novel, practices the ancient art of Curanderismo, an approach to healing which encompasses the body, mind and emotions along with the soul and the spirit (Curandera 1). Ultima practices the four ... ...Robert C. Broderick, ed. New York: Thomas Nelson, Inc., 1987. 48. "Blessed Juan Diego: Model of Humility". 29 Oct. 2000. http://ng.netgate.net/~norberto/juandiego.html. "Blessed or Evil. 5 October 2000. http://www2.cwrl.utexas.edu/sheila/314f95/projects/group5/curan2.htm "Curandera Elena Avila. 5 October 2000. http://www.ph-webnet.com/ph_a/articles/duval-8.htm de Vega, Bechiller Luis Lazo. "History of the Miraculous Apparition of the Virgin of Guadalupe in 1531." The Heath Anthology of American Literature. Ed. Paul Later. Boston: Houghton Mifflin Company, 1998. 475-82. "La Curandera: Blessed or Evil." 5 October 2000. http://www2.cwrl.utexas.edu/sheila/314f95/projects/group5/curan.htm "Scapular." The Catholic Encyclopedia. Revised and Updated. Robert C. Broderick, ed. New York: Thomas Nelson, Inc., 1987. 543.      

Human Rights

In measuring the extent to which the European regional approach to human rights protection offers advantages over the United Nations international approach, the various mechanisms contained within both systems must be compared and analysed. An explanation of the various international treaties and the drafting of the European Convention will require some consideration in order to assess the overall effectiveness of the machinery’s established under both systems for the protection of human rights. Particular reference will be made to the right not to be subjected to ‘torture or to inhuman or degrading treatment or punishment’ who’s universal condemnation stems back to the impunity for horrific crimes against humanity committed during the First and Second World War thus prompting in 1945, the first formal recognition of the importance of protecting human rights in the international order through the United Nations Charter and the Nuremberg Charter. The United Nations Charter sets out its purposes as â€Å"promoting and encouraging respect for all human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion†Ã¢â‚¬â„¢ and although the declarations are no more than aspirational, they support principles of liberty and individual freedoms that have subsequently formed the content of specific rights treaties. Torture is received with strong universal condemnation, and although there is no absolute definition, its prohibition is emphasised in several international legal instruments such as; the Universal Declaration of Human Rights 1948 (UDHR), the European Convention on Human Rights 1950 (ECHR), and the International Covenant on Civil and Political Rights 1966 (ICCPR), each in similar language, providing that ‘no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment’ The Convention against Torture and Other Cruel Inhuman or degrading Treatment gives a precise definition in Article 1 and requires parties to take effective measures to prevent it in any territory under its jurisdiction calling on all States to ensure that all acts of torture are included offences under their domestic criminal laws, including attempts and complicity as well as participation. Similar steps are taken within the European Convention of Human Rights which imposes an obligation on each Contracting Party to secure those rights are within their jurisdiction. However, at international level, under the statutes of criminal tribunals, torture can only be prosecuted if it falls within the category of war crimes. In addition to this, the lack of effective enforcement mechanisms within some States undermines the effectiveness of the international human rights system. The International Court of Justice (ICJ) hears cases involving disputes between nation-states and Article 30 of the Convention provides that, â€Å"any dispute between two State parties concerning its interpretation or application which has not been possible to settle through negotiation or arbitration may be submitted to ICJ by one of the States. † A failure of this allows for a claim to be submitted to the ICJ requesting that the Court apply measures requiring the Respondent to take all steps within its power to ensure the rules of international law will be correctly applied. † The problem then lies in the fact that in order for the International Court of Justice to hear a case, the State parties to the dispute must accept its jurisdiction. This is borne from the fact that International lawyers will agree that an international agreement is not legally binding unless the parties intend it to be and is therefore more of an understanding or agreement between the States. This is considered a problem with enforcement at international level as rights contained in the Conventions need to be balanced with the States sovereignty. By contrast, where the United Kingdom and other countries have incorporated the Human Rights Act 1998 within its judicial system, a natural consequence of this is that to an extent, they diminish and undermine the position of Parliament as an exclusive law giver for the UK providing that all domestic law is compatible with the rights contained within the Human Rights Act. Another fundament difference at regional level is where the Convention establishes its own machinery for the enforcement of these rights. Applications made based on a violation of Article 3 can be bought either by a member state on behalf of an individual victim by another High Contracting Party, or by a member state bringing an application against another state and allows for a more effective and immediate remedy at the domestic level as opposed to using the international machinery at Strasbourg. The latter is highlighted in Ireland v United Kingdom where an application was brought by the Irish government in relation to the treatment of Irish nationals by the British authorities. The ECtHR’s general approach on finding a violation of Article 3 relied on the concept that the burden of proof was borne not by one or other of the two Governments concerned, but mainly on the evidence of the ne hundred witnesses heard in, and on the medical reports relating to each case. Based on the allegations against the UK, the Commission estimated that the ‘five techniques’ administered by the police constituted a practice of inhuman and degrading treatment. In finding this, the Commission emphasised that ill treatment must attain a minimum level of severity if it is to fall within the scope of Article 3 and asserted that it depends on all the circumstances of the case, such as the duration of the treatment, its mental effects, and in some cases the sex, age and state of health of the victim. The scope of the Convention was extended so as to imply intention within its meaning in accordance with the UN Resolution. The approach is further laid down in Askoy v Turkeywhich concerned a Turkish national who had been subjected to a form of torture known as ‘Palestine hanging’ which resulted in him losing the movement of his arms and hands. Due to the form of torture requiring the applicant to be stripped naked with his hands tied behind his back, as well as being strung up by his arms, the courts found that such an act would have required preparation and was therefore deliberately carried out. Damages, were awarded on behalf of the Turkish state. The methods adopted under each case in their application under the law has imposed upon its members the Courts’ power to make judicial decisions that are enforceable on the offending State. Much of its success can be placed on the basis that each Contracting State is, in an economical sense, more equipped and politically empowered with the resources to adhere to the principles laid down within the Convention. This was the situation in 2009 where Belgium instituted proceedings before the International Court of Justice against Senegal on the grounds that a dispute existed regarding Senegal’s compliance with its obligation to prosecute a suspect for acts of torture under the Convention. The main reason for non compliance rested on financial difficulties which prevented Senegal from organising a trial more important, on the grounds that â€Å"crimes against humanity did not form part of Senegalese criminal law. Another advantage the European regional approach to human rights protection has over international law is its rights contained in Part I of the Convention. These rights identify a number of civil and political rights requiring protection from arbitrary and despotic governments amongst other important rights, such as the right to life. In this context, the individual holds a clearly defined right against the State in that the violation of that right can be tested in a court of law. So it is questionable whether international law is equipped to deal with individual rights of an economic and cultural nature, and in particular, where third generation rights are concerned. This is illustrate in the ICCPR Article 2(1) which states that â€Å"Each Party to the present Covenant undertakes to respect and to ensure that all individuals within its territory and subject to its jurisdiction the rights recognised in the Covenant, without distinction of any kind† However, Article 2(1) of the ICESCR states that â€Å"Every State Party to the present Covenant undertakes to take steps to the maximum of its available resources, with a view of achieving progressively the full realisation of the rights recognised in the present Covenant by all appropriate means†¦ † So although the international approach provides a mechanism by which all States can agree universal standards of human rights, there exists in some States, a hierarchy of rights that are considered perhaps, less important than others, where importance on a particular right is based on social, cultural and political factors. In further support of his view, it is suffice to say that the rig ht to freedom of religion and belief is accompanied by constraints of Article 5 in that such violations can lead to such things as imprisonment, torture and restrictions on freedom of belief and association. An important example is the People’s Republic of China’s ‘one-child’ policy and forced abortions which has been seen as restrictions on not only freedom of religion and belief, but also the torture of detainees in Chinese detention centres and prisons. Although the policy was designed as a temporary measure, it portrays a clear violation of human rights derived out of political necessity to limit communist China's population growth. In the promotion and protection of human rights, the Committee against Torture (CAT) considers periodic reports from High Contracting States every four years and deals with both inter-state complaints and individual complaints. Alongside this, the 2006 Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) provides for the establishment of â€Å"a system of regular visits undertaken by independent international and national bodies to places where people are deprived of their liberty, in order to prevent torture and other cruel, inhuman or degrading treatment or punishment,† to be overseen by a Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In addition, the Human Rights Council requires its members to go through a periodic review of their own human rights. This allows individual or group complaints to be examined for evidence of a pattern of human rights by the Sub-Commission Council on Prevention of Discrimination and Protection of Minorities which are then referred to the Working Group on Situations. In accordance with General Assembly Resolution 60/251, Rapporteurs can undertake visits with the consent of the State concerned and report back to the Human Rights Council. In a recent UN Special Rapporteur on Torture, the Rapporteur’s findings highlighted the gap between China’s obligations under five of the international human rights treaties and the reality on the ground. In particular, Dr Nowak pointed out the â€Å"incentives for the police and security officials to obtain confessions through torture and the lack of independent, far and accessible courts and prosecutors, as well as ambiguity of the domestic law regarding political crimes. † The Rapporteur found that in all cases it observed, each victim had been convicted of a political crime, possibly on the basis of information extracted by torture. On these facts, the Special Rapporteur appealed to the Government to release its victims, and added in their conclusions that considering the gravity of such findings, â€Å"the international community must not waste further time and act immediately to pressure China to end all use of torture and bring justice to those responsible. † The report included a set of 23 recommendations for China to act upon, as matter of urgency, in-order to abolish the use of torture. These included setting up mechanisms of investigation and prosecution of perpetrators of torture; prevention through safeguards in the criminal law system; ratification of international conventions and their implementation; the abolition of political crimes from domestic law; the guaranteeing of freedom of speech, assembly, association and religion; and the abolition of forced re-education in detention. The UN Commission on Human Rights referred all reports of its mechanisms to the newly established Human Rights Council for further consideration at its First Session in June 2006. In response, the General Assembly adopted resolutions aimed primarily at the principles contained in the Charter of the United Nations and the UDHR by re-emphasising, reaffirming and re-acknowledging human rights However, despite the Rapporteur visits and attempts to expose China’s breaches, a United Nations â€Å"review† of China’s human rights record highlighted the weakness of a new procedure that was supposed to be the chief improvement in the U. N. ‘s reformed human rights system. In despite of this, China continues to in its pursuit of human rights violations as it was reported no soon after that China has a network of secret ‘black jails’ for people who dare to complain about life under the Communist regime. Findings suggested up to 10,000 citizens a year are hauled off the streets, locked up and beaten in the makeshift prisons. By contrast, the European regional system has in place a mechanism whereby a Committee, established under the European Torture Convention 1987, visits detention centres in order to ascertain whether conditions contained within the Convention are being adhered to. This in itself places pressure on its member states to conform to the standards set by the ECHR while maintaining protective measures for individuals considered at risk. In this sense, the Convention adopts a preventative approach to the issue of torture, and in doing so, highlights the fact that where States are poorly monitored and enforced, countries face little or no penalty for failure to uphold human rights standards. On the contrary, where all else has failed under international measures and a government refuses to uphold the declaration and instead treats its members of its own society in a cruel or inhuman manner, the United Nations and has the power to authorise military action against that country in violation of the Declaration. Perhaps the first experiment of UN intervention is the Korean War where in 1950 America called on the United Nations to use force to get the North Koreans out as they had ignored the Security Council’s resolution of June 25th. This later resulted in U. S military intervention. The Korean War provides sufficient evidence that when the U. N. Security Council threatens the use of force to enforce its resolutions, it can follow through. Although in reality, the Council has passed a significant number of resolutions over the years that have not been carried out which signifies reluctance by the Council to enforce a resolution in circumstances where intervention is necessary unless such enforcement carries with it a political dilemma. In support of this point is the use of force in Iraq where the UN enforced resolution 1441 through Baghdad’s failure to rid itself of its alleged weapons of mass destruction. The Iraq situation raised a similar issue for the Council regarding Korea whereby they could either approve Bush’s request to use force in Iraq based on American intelligence and on an American timetable, and risk being seen by other countries as complicit with the Bush administration, or defy the U. S. president and risk being considered irrelevant by the world's largest military power. Chesterman, a senior associate at the International Peace Academy stated in response that, â€Å"the issue of the U. N. ’s relevance comes up regularly, and every couple of years the United Nations faces a crises over its legitimacy† citing debate over its roles in the Balkans, the Gulf War and Somalia. The protection and enforcement mechanisms employed by international law suggests that it is focussed primarily on regulating state behaviour, whereas European regional law has its objectives aimed in the movement towards protecting individuals from the state. And although international law has increasingly been involved in identifying individual rights and holding individuals accountable, is still to an extent has in most cases been those who have been involved in political affairs. As mentioned earlier, states have a duty to investigate, prosecute or extradite individual perpetrators, and if they fail or are unwilling to do so, other states and international courts can step forward instead. In 1998, former Chilean President Augusto Pinochet was arrested in London following the request for extradite from Spain. The charges involved forms of torture committed during his term in office. In 2000, Hissene Habre, former president of Chad was indicted by the state prosecutor of Senegal for similar offences. That same year, a Belgian Tribunal de premiere instance issued an international arrest warrant against Abdoulaye Y. Ndombasi, the then Foreign Minister of the Democratic Republic of the Congo. This was a direct application of the principle of universal jurisdiction which allows national courts to try cases of the gravest crimes against humanity, even if these crimes are not committed in the national territory and even if they are committed by government leaders of other states. However, the International Court of Justice found that the arrest warrant against Ndombasi failed to respect the immunity from criminal jurisdiction and the inviolability which he could enjoy under international law. The 2001 extradite of former naval officer Ricardo Cavallo highlights the first case in whereby as person can be accused of crimes committed on one country, be arrested in a second, and then extradited by a third. Where Europe is concerned, the Courts tend to delve deeper into the interpretation and application of the right to freedom from torture by distinguishing the terms torture, inhuman, degrading treatment and punishment separately. This has enabled the courts the discretion to apply the wording of Article 3 more widely. In particular, where there is the risk of a future violation of this right. Peers v Greece provides another example of the extent to which the Courts have laid down the importance of such treatment that falls below torture. In this case the applicant complained that he had been detained in cramped cell conditions with no ventilation and an open toilet. Although the Court held there to be no evidence of a positive intention to humiliate or debase the applicant, the fact that the state had taken no measures to improve the conditions amounted to a lack of respect for the applicant and was therefore a violation of Article 3. What is apparent between the two systems is the objective on the one hand by the international system, to act as a potential means of conflict resolution, and although to an extent Europe provides its own mechanisms for maintaining its state affairs, the system it has in place has greater level of cooperation which allows the emphasis to be placed specifically on individual rights. At the same time, although many States have become party to the United Nations Convention against torture, there appears to be a lack of effective enforcement mechanisms in place within some States, which in turn violates the general obligations to punish crimes against international humanitarian law. And where the UN has, throughout the fifty years, in amended and reformed its treaties so as to bring those violators in breach of the declaration to justice, it has still, in many instances lacked the will or faced the veto, and as a result, murderous regimes enjoy impunity. The root of this lies perhaps, in the fact that the UN organises a legal institution by letting States decide by majority vote who does and who does not deserve to be shamed for human rights abuses, which in turn creates a political process in which political factors play a major role. Countries that are shamed tend to be both violators and politically vulnerable in multilateral settings. This is the case in particular where, although the UN and NATO is willing to go into Yugoslavia and launch air strikes in order to prevent violations of human rights, there are continuous reports of violations in China and by the Chinese upon its people. To conclude, it could be argued that that the UN is less likely to enforce human rights in countries that are permanent members, and where this could be the case, international law will potentially be the most influential source of law. In support of this view, recent reports have suggested that countries like China simply sidestepped censure by garnering enough support to block attempts by the U. S. or other Western nations to scrutinize their records. Meanwhile, Cuba and others complained that the U. S. was too powerful to face thorough examination. By contrast, European law has effective measures that ensure state supremacy is spread evenly throughout the system. At the same time, both international law and European law can be deemed as fundamentally Western as most international law is based on Western notions. On that note alone, and in measuring the extent to which the European regional approach to human rights protection offers advantages over the United Nations international approach, the overall effectiveness of both systems, if based entirely on their Western notions, combined with both political and economical factors, present a framework which is more compliant with the international laws on human rights, in particular where cases of torture are concerned. And with that being said, one fundamental advantage that exists within the regional system is that when compared to international law, Europe does not have to deal with the majority of the more vulnerable states that fall within the realms of international law. Human Rights the question of human rights has received a great deal of attention. Today, violation of human rights is seriously taken note of by international bodies and by champions of democracy. It is in this backdrop that most countries have set up their own independent National Human Rights Commissions. Human rights are those rights which are fundamental for living and for normal human existence. They are based on the concept that every man and woman, irrespective of caste, creed, colour, race and nationality is born with certain fundamental rights such as, right to live, speech, freedom, justice, etc.These rights are, therefore, enshrined in the constitution of the countries. In order, that these basic rights are maintained and adhered to by the nations of the world, United Nations Organisation adopted a Charter of human rights soon after its formation. The Universal Declaration of Human rights which UN adopted on 10th Dec. 1948 enumerates some of these basic rights of man. These are rights to live, liberty and security of person, right to freedom of speech, judicial remedy, freedom of movement, right to take part in the governance of one’s country, etc. The second types of rights are economic and social rights.These are the right to work, right to live with dignity, right to rest and leisure, right to education, equal pay for equal work, right to equality, etc. The problem of human rights is that people and countries have a different understanding of the term and its protection. In some counties political and civil rights are not given or guaranteed to all its citizens. In some other countries, economic and social rights are not enforced, Therefore, the basic idea behind stressing human rights is that all governments should try to maintain these fundamental rights and see that all types of discrimination in this respect are rooted out.Nevertheless, many types of discrimination and violation of human rights are seen in different parts of the world. It is true th at racial discrimination known as ‘Apartheid’ as existed in South Africa formerly no longer exists in the world. Yet today, people are forced to flee their land of birth and forced to live in refugee camps under miserable conditions. Today minorities in many parts of the world have no political rights. The story of Ms. Suu Kyi Myanmar is a shining example in this respect. Cruelty to prisoners of war, unjust treatment of prisoners in jail, economic discrimination, casteism, rape, child labour, child prostitution, etc. are other forms of violation of human rights. Protection and maintenance of human rights is a fundamental duty of every government. International organisations and watchdogs such as, UNO, International Human Rights Commission, etc. , can play a vital role in ensuring the implementation of these basic rights. Countries, particularly the democratic countries, must stand together in this respect and take necessary persuasive and even coercive actions, to see t hat these fundamental human rights are adhered to by people, organisations and countries all over the world.