Common Law and Legislation Stated

Question: Examine about the Common Law and Legislation Stated. Answer: Presentation: In Australia, both precedent-based law and enactment expressed the privileges of patients for getting the medicinal services from specialists, clinics and different foundations that are giving human services. There are three sorts of rights which are given to the patients: Persistent has option to get clinical treatment with sensible consideration and aptitude from the social insurance supplier. Understanding has option to choose whether he need to experience for the clinical treatment or not subsequent to getting the data identified with clinical treatment and hazard engaged with that treatment. Option to keep the data private that is identified with clinical treatment[1]. In this paper we examine the precision of the explanation that is utilizing the law to effectively access clinical treatment is constrained and ordinarily prone to be ineffective, and furthermore any law identified with clinical treatment expressed by customary law or human right commission in Australia. Social insurance in Australia: In Australia, there are number of people groups who get advantage from the strategy of clinical treatment, and it is the privilege of the patients to get clinical treatment. It is the obligation and commitment of clinical specialists to guarantee that privileges of patients are maintained. There are enormous quantities of individuals who get influenced as a result of nonattendance of clinical treatment. As indicated by the report of world wellbeing association Australia has the most elevated mistake identified with clinical treatment on the planet, and following information is introduced in the report: In Australia, very nearly 18000 individuals pass on in light of the clinical carelessness. Right around 50000 individuals endured clinical injury which is changeless in nature in view of the clinical carelessness in Australia. Because of prescription blunders very nearly 80000 individuals get hospitalized annually[2]. Anyway it is critical to realize that not all the clinical mistakes are careless, and understanding can't sue for pay since result of his treatment was bad. A clinical mistake is considered as clinical carelessness just when social insurance specialist is neglected to take sensible consideration. We can comprehend this with the assistance of case law that is Bolam v Friern Hospital Management Committee [1957]. For this situation, Mr. Bolam sued Friern Hospital board of trustees for remuneration for not giving the data identified with treatment and being immaterial. This case sets out the standard that is known as the Bolam test to decide the correct norms of sensible consideration in carelessness cases identified with gifted experts. This standard expressed that on the off chance that specialist arrives at the standard of dependable group of clinical sentiment, at that point he isn't careless for the situation. Customary law in Australia give numerous laws identified with privileges of patients, for example, Consent to Medical Treatment and Palliative Care Act 1995, privileges of individuals with mental insufficiency is controlled by Guardianship and Administration Act 1993. Then again, administration of Australia additionally gave Australian Charter of Health Care Rights. This sanction is given by the commission in 2007-2008. The improvement of this contract was finished with care and in the wake of counseling the privileges of patients identified with human services administrations. This sanction is presented by the clergymen of wellbeing as the Australian Charter of Healthcare Rights in July 2008, and it is utilized the nation over. This sanction is relevant in all people in general and private emergency clinics of Australia, general practice led in Australia, and other network situations. The fundamental reason for this sanction is to make the basic comprehension of the privileges of in dividuals identified with get social insurance to the patients and their families, shoppers, carers and administration providers[3]. Following are the rights accessible to patients in Australia: Option to get essential social insurance Service and Medicare-as per the human right commission in Australia, Medicare associations are obliged to give free and sponsored medicinal services to a patient, and this social insurance incorporates treatment gave by professionals, dental specialists, and partnered wellbeing experts in some particular circumstances. These offices are accessible just for those individuals who dwell forever in Australia, residents of Australia and New Zealand, holders of perpetual visa, and in certain circumstances individuals who applied for changeless home visas. It is the general obligation of clinics to give clinical treatment to the patient who is under crisis ailment. Privileges identified with Medicare additionally remembers free treatment and convenience for open emergency clinic as an open patient, and auxiliary in drugs through the Pharmaceutical Benefits Scheme. Specialists reserve no option to decline the treatment of patients based on any ill-advised explanation and they can't segregate their patients based on sex, race, cast and on some other invalid explanation. This standard is distinguished for the situation Court in Roberts v. Galen of Virginia, Inc., 525 U.S. 249, 119 S. Ct. 685, 142 L. Ed. 2d 648 (1999)[4]. For this situation, Jane Roberts who is gatekeeper of Johnson recorded this suit under 1395 dd(d) of EMTALA and expressed that respondent disregard 1395 dd(d) of EMTALA. Court held in this that offended party was neglected to show that choice of clinic to approve the exchange was brought about by any ill-advised rationale, for example, race, sex, and cast. Patients who are getting to their privilege can't pick specialist and emergency clinic, yet patients secured under private protection can pick their own primary care physician, specialist or medical clinic. Medicare likewise gives private emergency clinic appropriations now and again. It must be noticed that individuals who are qualified to get clinical treatment in Australia is additionally qualified to get clinical medicines in the nation where Australia has social insurance understanding. By and by Australia has concurrence with just about eleven nations, for example, UK, New Zealand, Ireland, the Netherlands, Italy, Malta, Sweden, Finland, Norway, Belgium, and Slovenia[5]. There are a few circumstances wherein social insurance supplier reject to give costly or trial treatment. The Australian Human Rights Commission (the Commission) assumes significant job in securing and advancing the clinical privileges of their resident. The Commission encircled numerous arrangements identified with clinical treatment, and give following rights to their residents: Simple access to essential medicinal services administrations and clinical treatment to the residents. Give concessions on drugs and different costs caused on wellbeing. Installments made to patients to help them in meeting their treatment costs. Give office of private medical coverage. Preventive consideration. Specialists own obligation of care towards their patients, and this is obligation claimed by clinical expert towards their patients for taking sensible consideration. There are a few cases which clarify it well, for example, Strempel v Wood [2005] WASCA 163 [28][6], for this situation McLure JA expressed that on the off chance that patient compensation charges to the specialist and talk with him, at that point specialist own obligation of care towards understanding. Educated assent it is important for the wellbeing supplier that he gives all data to the patient identified with his clinical treatment and hazard associated with the treatment before giving that treatment to the patient. In the event that patient consent to the treatment, at that point it is called agree to treatment. As per this prerequisite it is the obligation of social insurance supplier that he gives all related data to the patient with the goal that patient can take educated decision[7]. This privilege is maintained by the Supreme Court of NSW and the Supreme Court of Western Australia in two cases that is Hunter New England Area Health Service v. A [2009] NSW SC 761[8] , this case features the clashing interest identified with right of self assurance of skilled grown-up. As it were it decide the privilege of skilled grown-up to control the ones own body, and furthermore enthusiasm of the state in ensuring the lives and strength of residents. Second case is Brightwater Care Gr oup (Inc) v. Rossiter [2009] WASC229[9] in which Supreme Court of Western Australia underpins the choice of first case. Custom-based law of Australia express that all the grown-ups who are skilled can acknowledge or reject the treatment, and whenever educated assent regarding persistent is absent then it might bring about lawful ramifications for specialist or clinical professional. Educated assent implies assent given by persistent subsequent to getting all the data identified with treatment and furthermore cautioning for the hazard engaged with treatment. We can comprehend this with the assistance of case law Rogers v Whitaker (1992) 175 CLR 479[10]. For this situation, the primary issue was whether specialists are neglected to inform and give cautioning concerning the hazard engaged with activity to the patient. The following case was recorded following 20 years that was Sidaway v Governors of Bethlehem Royal Hospital [1985] AC 871[11]. For this situation, specialist designated by emergency clinic works the spinal section of offended party and he neglected to caution the offended party about the hazard related with activity that was harm to her spinal rope. After the activity the spinal line of offended party was harmed. Court applied Bollam rule for this situation. Customary law additionally expressed that in certain circumstances individual can't give educated assent or assent isn't required, for example, in the event of crisis. Anyway there are exemption in the event of kids in which High Court held that guardians has option to approve the treatment. The standard identified with competency of minor assent is created by the English House of Lords choice in Gillick v West Norfolk and Wisbech Area Health Authority [1986] AC 112[12], and this standard is endorsed by the High Court in Department of Health and Community Services v JWB and SMB (Marions case) (1992) 175 CLR 218[13]. In Australia, there is enactment which allows the clinical treatment to kid without the assent of guardians, for example, blood transfusion is permitted without the assent of the guardians if life of the kid was in harm's way. Segment 20A of the Children (Care and Protection) Act 1987 (NSW) can be unders

Race and Ethnic Relations Essay Topics

Race and Ethnic Relations Essay TopicsPreparing a racial and ethnic relations essay is the first step in preparing for the LSAT test. When you have an opportunity to write a paper, it is important to be prepared with both context and topic. In this short article, I will briefly examine some of the major topics and techniques that are important when writing a well written essay.First, keep in mind that you will be writing in a native tongue. The situations, people, and conditions that you will be discussing are either based on your own personal experience or a situation that you have seen many times before. Write from your own perspective, and avoid trying to apply your native language skills to writing your essay.It is equally important that you give your readers a clear definition of what race means before you start writing your race and ethnic relations essay. Before you get started, determine the definitions of race that are acceptable for your audience. Ask your audience to defin e the difference between racial classification and racial identity. You may find that there are other methods to convey your meaning about racial classification than writing from the perspective of your audience.Another important concept is about the relationships between people and the differences between people. You should elaborate on the connections between culture and ethnicity and their effects on different social groups. You can also illustrate how social discrimination is a social ill. The way in which you deal with various stereotypes and misconceptions that exist about people with an ethnic or racial minority background is very important.When writing a race and ethnic relations essay, the actual formulation of your views is sometimes different from what you had hoped. Therefore, you should consider having your classmates read or listen to the material that you have written. This allows you to get feedback as to the points that you had hoped to make.Readers often make mista kes, so it is important to learn from your mistakes as soon as possible. It is good to acknowledge your mistakes and admit that you might have done something wrong, but you should try to avoid making the same mistake again. Also, you should make sure that the mistakes are not a reflection on your intelligence and ability to learn.Sometimes, readers have similar problems with certain ideas, so they use different ways to express their opinion. Your essay could use an open ended question. You should also use a unique question to establish a key point. If possible, you should try to look at all possible solutions and use different methodologies and strategies.These are just a few of the important elements to consider when writing a race and ethnic relations essay. Once you have learned the principles, you will be ready to tackle some of the more difficult and more advanced concepts.

Analysis Of Rain, Nothing But The Wild Rain - 1016 Words

‘Rain, midnight rain, nothing but the wild rain’. How does Thomas convey his depression in ‘Rain’? Compare this with how Thomas presents his negative emotions in other poems. In this poem Thomas lies awake at night, listening to the rain falling onto the roof of the hut that he rests within. This poem was written just before Thomas went onto the battlefield. The rain and Thomas’ solitude prompts thoughts of those soldiers who are exposed to the danger and death in the outside world. This also connotes feeling of depression and sadness in his. ‘Rain’ is written in free verse blank verse – an irregular stress pattern. This is one of the most common forms of poetry that Thomas uses often. He plays with the rhythm and intensity of each line through a number of different means, each used in order to give a sense of the increasing and decreasing intensity of the rain on the room and walls of the hut, and Thomas’ response to this. To create this effect, Thomas uses repetition, internal rhyming and uses the spondee ‘wild rain’. Another feature of the poem is the use of monologue, giving entry into Thomas’ thoughts in solitude, in which the reader is an implied listener – ‘hearing’ his fears and thoughts of the poet as he puts you in his place. The poem’s tone is disarmingly open, even confessional. This line introduces two important feature of the poem. Firstly, the repetition of the words – ‘rain’ here, but also ‘solitude’ that becomes a theme of the poem. He paused given by theShow MoreRelatedAnalysis Of All Summer And A Day By Ray Bradbury1363 Words   |  6 PagesHope and Sunlight in â€Å"All Summer and a Day† An Analysis of Author’s Craft Everyone needs to believe that things are going to get better, particularly when facing challenging or troubling times. Our world is fraught with sadness, misfortune, and adversity, and the world constructed by Ray Bradbury in â€Å"All Summer in a Day† is no different. Unending rain, gray skies, and endless dark doldrums beneath the surface of Venus plague the lives of the young children in his short story. And yet, every nightRead MorePhilip Larkin1040 Words   |  5 Pages Church going is one of his most cynical poems. Even the title is cynical.† Church going† can mean going to church, or the fact that in his opinion the church is disappearing. 1st line is cynical. Larkin only goes in when nothing is going on, but in his opinion nothing important is ever going on in a church. Shows his disdainful attitude to church with phrases such as another church little books some brass and stuff up the holy end He is disrespectful, uncaring to church. He pronouncesRead MorePoetry Analysis: Apostrophe to the Ocean Essay956 Words   |  4 Pagespaints George Byron’s view of the concept – man versus nature – by revealing his belief: the power of nature is insurmountable. 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After further analysis, we arrive at the conclusion that justice is only what we make it out to be, simply a means of attempting to set things right. However, in a dark world in which there was no justice to begin with, we our varying interpretations of justice are equallyRead MoreEssay about Ind Aff Theme Analysis1511 Words   |  7 Pagesnbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp; SHORT STORY PROJECT: IND AFF THEME ANALYSIS Extreme relationships often tend to be abusive in some way from one of the partners towards the other. 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What Is a Volatile Substance in Chemistry

In chemistry, the word volatile  refers to a substance that vaporizes readily. Volatility is a measure of how readily a substance vaporizes  or transitions from a liquid phase to a gas phase. The term can also be applied to the phase change from a solid state to vapor, which is called sublimation. A volatile substance has a high vapor pressure at a given temperature compared with a nonvolatile compound. Examples of Volatile Substances Mercury is a volatile element. Liquid mercury had a high vapor pressure, readily releasing particles into the air.Dry ice is a volatile inorganic compound that sublimates at room temperature from the solid phase into carbon dioxide vapor.Osmium tetroxide (OsO4) is another volatile inorganic compound that, like dry ice, transitions from the solid phase to the vapor phase without becoming a liquid.Many organic compounds are volatile. For example, alcohol is volatile. Because volatile substances readily vaporize, they mix with air and can be smelled (if they have an odor). Xylene and benzene are two volatile organic compounds with distinctive scents. Relationship Between Volatility, Temperature, and Pressure The higher the vapor pressure of a compound, the more volatile it is. Higher vapor pressure and volatility translate into a lower boiling point. Increasing temperature increases vapor pressure, which is the pressure at which the gas phase is in equilibrium with the liquid or solid phase.

Hamlet And Gertrude Relationship - 1204 Words

Hamlet by William Shakespeare concentrates on the main character of the title to plot revenge against Claudius for murdering his father to get the Danish crown. Claudius is the new king and he is Hamlet’s uncle, but also stepfather due to him marrying with his mother, Gertrude. Throughout an order of events, Hamlet eventually avenges his father, even though his mother and he fall to the tragic fate too. Throughout the play, Hamlet and Gertrude’s relationship changes from distrusting to aggravation to a loving ending. Hamlet and Gertrude’s relationship is distrusting at first. From the starting point of the play to act 3, Hamlet is wariness towards his mother. He feels this way because it’s been less than 2 months since his father passed†¦show more content†¦He doesn t know if he can trust her anymore because she married another person that isn t their father and married rather quickly. It happens to be his uncle and now he is his stepfather. It s a lot to take in and Hamlet is voicing it through the best way he can by expressing his emotions to his mother. Next, Hamlet and Gertrude s relationship progresses to aggravation. Hamlet feels angered and hatred towards his mother. For example, The Queen, Gertrude says to Hamlet, Have you forgot me? (III.4.14). And Hamlet response with, No, by the rood, not so: / You are the Queen, your husband s brother s wife, / And-would it were not so!-you are my mother (III.4.15-17). So basically, Gertrude asked Hamlet if he has forgotten who she is, and Hamlet answered with no that he knows who she is. That she is the queen and that she is your husband s brother s wife and that she is his mother. But that he wishes that she wasn t his mother. For instance, Hamlet lectured his mother, Come, come, and sit you down; you shall not budge. / You go not till I set you up a glass / Where you may see the inmost part of you(III.4.19-21). Essentially, Hamlet is telling Gertrude to stop denying what s she s done and what she s become. The inmost part of her is ugly and dying, and she wants her to see it. In the quote, Gertrude says, Oh, speak to me no more! / These words like daggers enter in my ears. / No more, sweetShow MoreRelatedHamlet And Gertrude s Relationship1267 Words   |  6 PagesHamlet and Gertrude’s Relationship in Hamlet In many of William Shakespeare’s tragedies, Shakespeare writes about the relationships maintained between his characters. Of these relationships, Shakespeare examines the connection between family members, particularly the relationship between parents and child. In Shakespeare’s tragedy â€Å"Hamlet†, Shakespeare writes about the relationship between Hamlet and his mother, Queen Gertrude, to drive the plot forward.. Throughout much of the play, their relationshipRead MoreThe Troubled Relationship Between Gertrude and Hamlet1700 Words   |  7 Pages The Troubled Relationship Between Gertrude and Hamlet In Shakespeare’s Hamlet, Claudius murders his brother, the King of Denmark, and subsequently usurps the Danish throne. Shattering the purity of the royal family, he allures Queen Gertrude into an incestuous wedding so hastily that â€Å"The funeral baked meats / Did coldly furnish forth the marriage tables† (I.ii.180-1). Lost in this sullied household is Prince Hamlet, shrouded in the black of mourning, who condemns his mother’s quick, lustfulRead MoreOedipus Relationship Between Hamlet and Gertrude1224 Words   |  5 PagesThe Oedipal Relationship between Hamlet and Gertrude Throughout William Shakespeares Hamlet, Shakespeare portrays Hamlet with the same types of behaviors and frustrations in humans that Sigmund Freud saw at a much later date. When the relationship between Hamlet and his mother is analyzed Freuds oedipal complex theory comes to mind. Sigmund Freud first wrote about his theory in his book An Interpretation of Dreams in 1899. Simply put, Freud states that it is normal for children to have sexualRead MoreThe Oedipal Relationship between Hamlet and Gertrude Essay851 Words   |  4 Pages Throughout William Shakespeares Hamlet, Shakespeare portrays Hamlet with the same types of behaviors and frustrations in humans that Sigmund Freud saw at a much later date. When the relationship between Hamlet and his mother is analyzed Freuds oedipal complex theory comes to mind. The oedipal complex is a theory created by Freud that states that The child takes both of its parents, and more particularly one of them, as the object of its erotic wishes.(51) Because of this desire to be withRead More The Relationship Between Gertrude and Shakespeares Hamlet Essay502 Words   |  3 PagesO most pernicious woman (1.2.105)!   This proclamation by Hamlet foretells of his ultimate surmise.   Hamlet throughout Shakespeares work is a strong character.   It seems that he has the upper hand in every situation.   This statement however, is a reflection of weakness.   His destruction stems from the inability to accept Claudius as father.   More importantly though, his mothers rush to remarry has caused more of inflated persona in Hamlet.   His inability to interact with the people around him makesRead MoreThe Oedipus Complex ( Oedipus )1666 Words   |  7 Pagestruth of every relationship, even between those who love each other, like fathers and sons and daughters, or husbands and wives, is that the love is always unequal†. When a child is little, everything their parents do is seen as perfect, a parent can do no wrong. As a child grows older, they start to see that their parents are in fact flawed and this can cause an inward conflict for the child. Psychology has done a lot of research about family relationships, especially the relationship between a motherRead MoreHamlet ´s Treatment of Ophelia and Gertrude Essay1680 Words   |  7 Pagesforever. Hamlets relationship with Gertrude and Ophelia is quick to fall apart after he learns key information about his parentage. Both Gertrude and Ophelia provide him with love but are absent at a time when he needs it most; during the reign of his madness. Hamlets madness is partly evident due to his poor relationship with Gertrude and Ophelia, since they falsely love him then reject him by moving on with their lives. Both females have heavily contributed to the misogyny Hamlet develops. OpheliaRead MoreInterpretation of Conflict within Hamlet1684 Words   |  7 Pages Within Act 3, Scene 4 of Hamlet, Shakespeare provides little direction by which the scene should be interpreted, but the play, taken in its entirety, proposes a certain way in which Hamlet and Gertrude express their emotions. This has led to distinctive cinematic interpretations of this scene, all in which portray the storyline in a unique way. Kenneth Branagh’s version of the closet scene provides a more realistic portrayal of the conflict between Hamlet and Gertrude than the Gregory Dovan andRead MoreHamlet Tragedy Of The Mother And Son1137 Words   |  5 PagesHamlet-Tragedy of the Mother and Son William Shakespeare is a writer of tragedies—the tragedies within common everyday relationships. Of these various relationships, Shakespeare reveals his interest in the relationship between the mother and son within Hamlet. The mother: Queen Gertrude, and the son: Prince Hamlet is unique within the play because Hamlet’s relationship with his mother is rare in the sense that Gertrude is one of two women within Hamlet. And like the other woman, Gertrude is submergedRead MoreClaudius Character Analysis858 Words   |  4 PagesWilliam Shakespeare wrote Hamlet, one of the most popular plays ever written. Claudius causes a war between passion and responsibility when he murders the father of Hamlet, the main character, and then marries Hamlets mother Gertrude. Claudius killed Hamlets father and then married Gertrude only so he could take the crown and become King. Claudius put passion in front of his responsibilities as Hamlets uncle and as a result of Claudius’ acti ons, Hamlet is forced to find revenge on him for the

Research Essay for Intellectual Property Rights - MyAssignmenthelp

Question: Write about theResearch Essay for Intellectual Property Rights. Answer: As globalization is evading barriers to communications and trade, it is developing new forms of segregation due to the wide of technology between the rich and the poor countries. This is evident from the fact that the developed countries retain the economic power while the least developed or the developing countries persist to face economic marginalization[1]. In order to enhance capacity and promote both economic progress and human development, the developing countries are encouraged to accelerate entrepreneurialism, support innovation and improve the acquisition of technical skills. Under the legal framework of the global Intellectual Property Rights (IPRs) which is primarily based on the Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPS Agreement), the member states off the World Trade Organization (WTO) are required to adhere to the stipulated minimum standards of IPRs protection. The IPRs endow the investors with incentives to invest in research and developm ent of new technologies and permit them to reap returns on their investments by way of providing them with monopoly rights. However, the present regime of the TRIPS agreement fails to strike an appropriate balance between developing private incentives and advancing technology transfers and promoting development for the benefit of the public. The current regime has been subject to several criticisms owing to its failure to maintain balance between the benefits of the public and the private incentives[2]. Before the enforcement of the TRIPS Agreement, the developing countries had minimal incentives to form a highly protective IPRs legal framework instead; they concentrated primarily on supporting free flow of information and acquiring a technological base. The challengers of strong IPRs regime in the developing countries argued that the developing countries require accessibility to the Western Technology in order to enhance their technological growth. The argument implies that information must be provided to the developing nations with limited restrictions, as development of the developing nations is one of the arenas of interest of all the nations worldwide. The opponents of the IPRs protection further argued that most of the developed countries have been enjoying exceptional freedom in exploiting intellectual property for the development of their own economy prior to the commencement of the TRIPs Agreement[3]. However, if the agreement comes to effect, it would adversely affect the economic growth, as it would compel the developing countries to pay for the usage of the intellectual property as is evident from the corporations and individuals in developed countries. On the other hand, developed countries are heavily dependent on transfer of information and technology and consider it as a fundamental aspect of their economies, argued in favour of a highly protective IPRs regime as opposed to the developing countries[4]. These countries are of the opinion that organized piracy weakens the incentive structure that trade mark, patent or copyright purports to protect and moreover, with the implementation of the TRIPs agreement the developing nations would be able to enhance the innovative activities domestically and provide greater availability of advanced technologies from foreign countries[5]. The intellectual rights strike a balance between the needs of society for the purpose of encouraging innovation and development of new technologies, literary and artistic works. The developing countries expect that a stronger and effective intellectual property protection regime may encourage domestic innovation, technical improvements, etc. the developing countries have IPRs systems that supports dissemination of information through low-cost imitation of foreign technologies and products which implies that prospects for domestic innovation and invention are not adequately developed to secure protection. This is simply because most of the product innovations concentrates on domestic markets and are benefitted from domestic protection of utility models, trade secrets and patents and such inventions involve minor adaptations of prevailing products and technologies[6]. In order to become competitive, the corporations in developing countries must adopt new management techniques for quality control, to enhance market productivity. Such investments are expensive but they have a tendency to have soaring social returns and play a crucial role in increasing productivity toward international standard[7]. For instance, protection provided by utility models has proved to improve productivity in countries having poor technologies. In Brazil, utility models have enabled domestic producers to achieve a significant share of the farm-machinery market by supporting adaptation of foreign technologies to domestic conditions. While IPRs claim to enhance growth and development under appropriate circumstances, it may lead to difficulties relating to the social and economic costs. The TRIPS agreement has failed to achieve balance between the developed nations and developing nations with respect to the various competing claims of both the nations[8]. The developing countries may have to face net welfare losses in the short-run owing to the several expenses associated with the protection that may arise earlier than the advantages mentioned above. Another criticism that the TRIPS agreement is subjected to is that the agreement does not provide an appropriate uniform standard for the diverse array of states. On one hand, the developed nations already possess appropriate levels of IPR protection because of which the IP right-holders benefit from the enhanced and highly protective IPRs regime. On the other hand, the developing nations experience economic loss as it is expensive to develop the appropriate enforceme nt and administrative mechanism that is required to support the current highly protective IPRs regime. Although the agreement aims at providing the developing countries with long-term gains with the strengthening of the system, the shift to the stronger protection involves expenses in the short-run and such expenses are not trivial by nature. To conclude, the TRIPS Agreement is a form of IPR protection that is advantageous to the developed countries as they are in a more beneficial stage under the agreement as compared to the developing nation. The Agreement contracts the developing nations accessibility to technology and daunts the diffusion of the advanced technology that is required for the development of the economy. It fails to achieve the balance between developing private incentives and promoting transfer of technology for the benefit of the public. Reference List Bellmann, Christophe, and Ricardo Melendez-Ortiz, eds.Trading in Knowledge:" Development Perspectives on TRIPS, Trade and Sustainability". Routledge, 2013. Cimoli, Mario, et al. "The role of intellectual property rights in developing countries: Some conclusions."Intellectual Property Rights: Legal and Economic Challenges for Development(2014): 503-513. Cimoli, Mario, et al.Intellectual property rights: legal and economic challenges for development. Oxford University Press, 2014. Mani, Sunil, and Richard R. Nelson, eds.TRIPS compliance, national patent regimes and innovation: evidence and experience from developing countries. Edward Elgar Publishing, 2013. Maskus, Keith E. "Patents and Technology Transfer through Trade and the Role of Regional Trade Agreements." (2016). Rimmer, Matthew. "Trade wars in the TRIPS Council: Intellectual property, technology transfer, and climate change." (2016). Roa, Carolina, et al. "Plant genetic resources: Needs, rights, and opportunities."Trends in Plant Science21.8 (2016): 633-636. Watal, Jayashree. "Is TRIPS a Balanced Agreement from the Perspective of Recent Free Trade Agreements?."EU Bilateral Trade Agreements and Intellectual Property: For Better or Worse?. Springer Berlin Heidelberg, 2014. 41-57.

Western colonialism Essay Example

Western colonialism Essay A lot of negative effects caused by Western colonialism and capitalism in the third world countries that have contributed to their current political and economic crises have been discussed; however, the main objective of this presentation is to discuss the progressive role played by Western colonialism and capitalism in the third world countries when contrasted with pre-colonial period and where they were left by their colonial masters to present date. Colonialism Colonialism refers to as a system whereby a state holds sovereignty over territory and people who are outside its own boundaries. It assumes the right of one people to impose their will to others. Between nineteenth and twentieth centuries, most rich and powerful states in the European countries such as Britain did own third world colonies. Up-to-date, the legitimacy of colonialism by European countries to these third world countries has elicited a heated debate in political arena and among the moral philosophers all over the world. Colonialism is not a new phenomenon. In the past society used to expand to immediate territories and settling it own natives on the newly conquered land. Such example includes the ancient Greeks, Romans and Ottomans to mention but a few. We will write a custom essay sample on Western colonialism specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Western colonialism specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Western colonialism specifically for you FOR ONLY $16.38 $13.9/page Hire Writer But it is evident that colonialism was not static but evolving due to technological advancements particularly in navigation that enabled connecting to the remotest parts of the world. Invention of the fast sailing ships facilitated reaching the distant ports in other side of the world while managing to maintain closer ties between the mother land of the master colonialism and their colonial territories. Therefore, the modern European colonialism materialized when it was possible to move large number of people across the ocean and maintain political sovereignty regardless of geographical scatteredness. Many political theorists have troubled themselves in attempt to reconcile ideas about the justice and law with the practice with which European ruled over the third world countries. In nineteenth century, conflict emerged that made tension to build up between the proponents of liberal thought and colonial practice. Many of political philosophers stood to defend the principles of attainments of universalism and equity while on the other hand they were antagonistic in bid to legitimize colonialism and imperialism. They reconciled this controversy with idea that, there was a need for ‘civilization mission’ which was to be for temporal period of what they called political dependence that was vital so that to make ‘uncivilized’ societies to advance in a state of achieving sustainable liberal institutions and self government. Capitalism Capitalism refers to European practices that not only include social practices that are easily practiced over geographical and historical distances but also encompass the ‘way of thinking’. The term capitalist has been widely used in the Marxist theory which refers to means of production that are on the hands of a few and operated for   making   profit and that the benefits realized from the production belong to the owners of the means of production. Mercantilism was the earliest form of capitalist in the olden days that originated in the Middle East, Rome and also existed during early Middle Age. It involved distribution of goods in the transactions in such way that there is profit making. In this situation, goods were bought from one place and move to another site to be sold at relatively higher prices. Beside Romans, Arabic cultures were also known of mercantilism. They had a long history on their trade routes in their major empires. Medieval Europeans learnt learned about this type of economy from their Islamic neighbors as it has been noticed in large number of economic terms found in European languages some which are derivatives from Arabic. Gradually, mercantilism in Europe evolved into economic practices that were eventually referred to as capitalism. Capitalism employs the same principle as mercantilism that involves large scale profit realization by acquisition of goods at lower price than selling them at a profit.   Capitalism is characterized by several features. First, there is accumulation of means of the production such as materials, land and tools by minority of people. This property accumulation is referred to as capital and the owners of these means of production are known as capitalists. The second characteristic of capitalism is productive labor. Human work is of great importance because it facilitates the production of goods and their distribution. This happens in form of the wage labor. The striking aspects of wage labor here is that it is not invested in the product and it is considered to be efficient in terms of productivity. Capitalism boosts individual productivity by means of division of labor whereby productive labor is divided into smallest components possible. In capitalism, the means of production and labor is manipulated by the capitalist by use of rational circulation to gain profit. On the other hand, capitalism as a way of thinking is basically individualistic. This is true because it focuses on capitalist endeavor. This bring out the Enlightenment concepts of individuality in that all the individuals are not the same; the society is composed of individual in pursuit of their own interest and that they should be free to peruse their own interests, that is ,economic freedom. Also, this concept advocates for democratic sense in that individuals perusing their own interests can guarantee the interests of the whole society. Therefore, Enlightenment idea of progress is grounded on the fact that the large-scale social goal of unregulated capitalism can produce wealth and make the national economy wealthier and more affluent than it would otherwise have not been. So, essentially, capitalism as a way of thinking is built on the concept of economic growth (Friedman Friedman, pp5). While this may be true, capitalism has been having a close link with adverse effects of human inequality and valorization that has characterized exploitation of one or more groups by others. It has been argued that capitalist relations evoke alienation of workers from the products they make. This makes both commodities and the workers circulating commodities that circulate in the expanding market. When the laborers are considered to be interchangeable, it becomes the interest of the capitalist to give workers low wage or no wage at all. By doing this, capitalists are able to create surplus of money from their capital invested meanwhile their commodities circulate in the market. Because human beings were one of the vital commodities for success in early capitalism, enslaved workers could be shipped between the colonial territories to the help in monocropping on the large plantations. Presently, capitalist is usually understood to be a mean of system whereby the allocation of resources is by dictates of mechanism of the markets that are driven by profit motive. The advantages of the capitalism are that the government does not interfere   with the business because there is limited control over it   and that people have choice on what they want to do and where. Also, people are at liberty to do what they want with their money. However, this mode of economy has negative outcomes. Because the government is required to liberalize the market it has limited control over it and this can make few businesses to take monopoly which may lead to inefficiencies.   Ã‚  Ã‚   In addition to this, capitalism only reward those who are fortunate to have natural scare abilities and not necessarily as result of hard work and this lead to huge inequities in income and wealth. The Progressive role of Western colonialism and capitalism in Third world Even though colonialism and capitalism had its own shortcomings, nevertheless, there is also a positive effect on balance we can talk about. Before colonialism, Africa only knew of socialism which was widely practiced among different communities.   Socialism is a system that advocates for collective ownership and management of the means of production and distribution of goods. It is the opposite of capitalism which is a system hereby economy is based on private ownership of the means of production and personal profit can be realized through capital investment and employment of labor. Colonialism brought a new idea to Africa that the material progress and prosperity were possible for the masses of people. Africans in pre-colonial period did not imagine that could ever happen. They assumed that the material possessions they had were fixed. They believed in such things like plenty of the harvest could result to increase of food in the basket but the idea that living conditions could be changed was strange to them. They did not have a clue of the prospect that instead of trekking for miles in search of water it was possible to have piped water homes. Colonialism brought idea of progress in humanity. They enabled them to realize that people have capability to improve their condition of existence and that tomorrow could be much better that today (Ondeng, pp 26). Development of Infrastructure When colonialism stepped into sub-Saharan Africa three main objectives were the driving force. First objective was to meet the increasing demand of the raw materials for their industries. Second objective was to be able to secure areas and their territories that could form the market for their industrial goods produced by the capitalisms as it was are of industrial evolution. The last objective was that, they wanted to identify and dominate certain strategic areas that would be their future potential region for their investments. Therefore, as it can be seen, the main aim of capitalism expansion through colonialism was purely economic. But it was first necessary through political process of colonialism to create colonial territories to be able to achieve economic goals. Establishment of colonial territories was immediately followed by setting out diversified changes that included both social and economic among subdued societies in order to fulfill economic targets. This called for breaking down the already existed social and political system which resulted in replacement of traditional chiefdoms and kingdoms by Western European political system and consolidation of colonial state. Greater portions of fertile lands were given to settler farmers who produced non-agricultural raw materials for western industries. In order to make this kind of economy efficient, there was a dire need to establish   communication infrastructure such roads, railway lines and ports so that there can be a linkage between hinterland and coastal to facilitate securing resources and human labor. In such regions only footpaths did exist that were used by human porters and animal. Most of the roads and railway network seen today in many parts of African countries speaks of a positive legacy from Western colonialism and capitalist in Africa and other third world countries. A good example of such country is Nigeria. In pre-colonial period, transport systems were limited to porterage over the land that was only utilized by animal and humans and small boats in waterways that are in southern and central Nigeria. In states of Nigeria, there were extensive trade routes in its territories which also facilitated movement of goods across the deserts to trade with North Africa and extended to the coast that involved trade with European. The roads were maintained by local leaders using hired labor or conscripted locals on the basis of the age. During this period the basic means of transport were pack animals and human porters. When British claimed Nigeria to be its colony, is started building transport network that would make efficient its ruling over this territory and make easier utilization of the resources in the region. It started with construction of the roads which was later followed by railway lines construction. This facilitated movement of good and people from one place to another as the need demanded which was critical as it helped to maintain strong economic and political ties within its territory. Since Nigeria gained independence there has been little in building new infrastructure network apart from what was established by their colonial master. This has   been so because the Civilian governments had experiencing budgetary deficit and their priorities were to maintain regional   divisions rather than improving transportation network and building better one in accordance modern world technology. However, while some few military governments were interested in development of better transport system, this turned to be a day dream. Therefore, post-colonial transport systems currently existing are just minimal maintenance of the infrastructure which their colonial master had set. This is a clear indication of the progressive role the Western colonialism and capitalism did play in Nigeria before they had left (Husher, para. 4-9). Suppression of barbaric practices Colonialism brought enlightenment in Africa.   During pre-colonial period some African countries cannibalism and pagan worship was common practices. Practices such as cannibalism were usually restricted to specific regions particularly in West Africa. Such practices were not necessarily driven by craves for human flesh but were basically for rituals and sacrifices.   The belief behind these practices of man eating were to receive imbibe magic strength that was considered to be transferred by through soul material. This soul material was particularly identified by certain body part of the victim particularly the head. In the community that practiced such behavior they had a belief that if a young man ate the elder, such individual could get wisdom or if it was an elder who ate a young victim this could have added vigor. African had a strong attachment with the dead. In fact, cannibalism in Africa was part of religious act that consisted of complex rules that actually prescribed who should partake of the human flesh and who is supposed to be eaten and also clearly spelt out which part were to be eaten. It also described what parts of the victim’s body were to be kept as part of relics. There were other instances where medicines were made out of the human flesh. For instance, in Leopard societies in Sierra Leone, they used human entails to make certain kind of medicines. When the Sierra Leone became a British colony, the first thing they did was to bring to an end this practice. First, the British investigated what was happening in the jungle. When it had a breakthrough in its investigations to address this extraordinary killing of human beings, it passed a bill which was called ‘The Leopard Ordonance’. This outlawed any possession of a leopard skin that were usually worn by these people who practiced these rituals, a three- pronged knife and a special native medicine called Borfina that constituted a concoction of human flesh such as fat and blood. It was potent in the hand of its owner as it was believed to help one to be powerful and rich .Through use of law and assimilation of European culture Africans experienced a transformation that played a great role in liberating them from such practices. This helped to uphold human dignity and universal human rights particularly right to life (Karoline, para. 7-14). Modern medicine As many of colonial powers embarked on a political project to control much of the world, diseases were the major obstacles for their expansion particularly in African continent. Tropical diseases such as malaria among others posed great challenge because there was no efficient form of medical treatment that existed in African land before except traditional medicine.   Many African had a belief that disease was as result of witchcraft or evil spirits as opposed to empirical approach in treatment and management of the disease by European countries .This necessitated them to have attachment of medical personnel to commercial marines and putting up of rudimentary hospital facilities at their colonial territories. A good example is development of medical care in Tanzania. Christian missionaries were the first to introduce allopathic medicine in the territory. Eventually the colonial master in Tanzania assumed the responsibility of providing the health care to serve the army garrison that was stationed in the region partly to counter indigenous resistance and also to provide health care to European settlers. In British colonies they promoted establishment of the London and Liverpool schools of medicine where the study of tropical disease such as those found in the region was given the first priority. After World War 1, Tanzania became a British colony and it assumed the control of colonial medical care where it provided medical care at provincial and district administration levels, voluntary services that involved missions and employer-based that catered for the medical needs at plantations, mines and factories. They also implemented preventative measures that were in form of public health programs. This greatly helped to address the health needs of African that never existed before. It is on the basis of these colonial efforts to address tropical diseases which were a threat to their lives helped to see African countries with improved health care and reduced mortality rate from fatal tropical diseases (Baer, Singer and Susser, pp 18-22). Conclusion Colonialism by the Europe countries was considered to be a mission of civilization to the ‘uncivilized societies’ to be able to advance in state of achieving sustainable liberalized institutions and self government. However the legitimacy of colonialism by these European nations has always staged unsettled debate both in political sphere and with moral philosophers all over the world. Colonialism proved to be the only way through which West Europe could peruse their capitalism motives in the third world countries. Even though there have been shortcomings associated with colonial rule there has been an overall positive effect for Africa. Colonial rule brought enlightenment where ignorance did thrive. It helped to suppress barbaric practices such as pagan worship and cannibalism among others. It laid the seeds of the intellectual and material development as seen through infrastructure development, formal education and modern medicine that saved many Africans lives from deadly tropical diseases that were considered to be caused by witchcraft. Also it helped to reduce the economic gap whereby integration of colonies into international capitalist economy ushered in initial stages of globalization.