Oil Deregulation in the Philippines free essay sample

Contained in a November 5, 1997 Supreme Court decision, which deemed the first oil deregulation law, the Republic Act No. 8180, to be unconstitutional1, is a brief history of the Philippine oil industry. Due to an oil crisis occurrence in 1997, the government created the Oil Industry Commission (OIC) to regulate the goings-on of businesses working with oil. The OIC can fix prices of petroleum products, control refinery capacities, license new refineries, and regulate the general operations of affected businesses. The digest also pointed out the control of foreign companies over the industry, where almost every operations in the country at the time is owned by these companies. To break the foreigners control, with President Marcos initiative, the Philippine National Oil Corporation (PNOC). PNOC, operating as PETRON, was the first Philippine-owned Corporation in the market. The Oil Price Stabilization Fund (OPSF) was then created,2 in 1984, as a buffer against the fluctuations in oil prices. Basically, the OPSF compensates by allowing companies to reimburse from the fund whenever prices change due to either exchange rate adjustments or world oil market prices. We will write a custom essay sample on Oil Deregulation in the Philippines or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Caltex, Shell, and PNOC, or Petron, were the only three remaining oil companies in the country came 1985. Under the Cory Aquino administration, the Energy Regulatory Board (ERB) was created with the purpose of, much the same as the functions of the OIC, regulating operations of oil companies with the addition of paying the OPSF to recover the importers expense from importing whenever there is petroleum product-deficit to temporarily adjust price levels, among others. 3 Department of Energy (DOE) was created on December 9, 1992, with its focus to privatize energy-related government agencies, to deregulate power and energy industry, and to reduce oil-fired plants dependency resulting to Petrons privatization in 1993. 4 In March 1996, Republic Act No. 8180, which is the law discussed in the Supreme Court decision, was enacted. This law aims to expel all government control over the oil industry and is to be done within two phases. Phase one, the transition phase which started in August 1996, aims to take away control over non-pricing related aspects while phase two, the full deregulation phase, now includes the pricing itself, which abolishes the OPSF. To make things official, six months after the first phase, President Ramos signed an Executive Order that fully deregulates the oil industry. The passage of the bill incited protests from groups with the Bagong Alyansang Makabayan (Bayan). In October 1997, because of a strike, the Supreme Court issued a temporary restraining order (TRO) against the law and, eventually, deemed as unconstitutional in the decision being discussed earlier on. 5 Its unconstitutionality was because of the violation against a Constitutional provision that states the State shall regulate or prohibit monopolies when public interest so requires. No combinations in restraint of trade or unfair competition shall be allowed. †6 The Supreme Court points out that the act does not make a truly competitive market because of the 4% difference on the tax imposition on existing businesses versus new comers. Two months after, the act was replaced by the now-existing R. A. No. 8479. The newer act retains almost everything except the unconstitutional provisions present in the previous law. A petition was filed by Cong. Enrique Garcia criticizing the very short duration (five months) before the full deregulation phase be effective provided in Section 19 of the Act. Garcia states that the provided duration is too short, making it hard for new comers, and the market will still dominated by the big three, making it unconstitutional because theres still monopoly/oligopoly. The high court, however, denied the petition on the grounds, basically, that the argument of the petitioner is not against the law itself, but just against the timeliness of the provided duration for the full deregulation phase. 7 Fast-forward to today, many petitions has been filed to repeal or amend the act but not one has been actually successful. The most controversial issue surrounding the act is the overpriced petroleum products and frequent increases, with vague reasons, but seldom rollbacks like a two-step-forward-one-step-backward situation. Even though there are more than 600 companies in the industry and competition seems to be fair within the oil industry,8 the problem still exists the high prices of petroleum products which has a domino effect to everything in the country. Economically, is it really favorable to the Filipino people or the favor only applies to the corporations involved in the downstream oil industry? If the latter is the answer, then it’s affecting the Filipino majority negatively, meaning the deregulation of the oil industry is actually unconstitutional because it violates the for-the-people essence of our constitution. B. Statement of the Problem The 1987 Constitution has entailed the adaptation of an implicit competition policy framework which refers to all laws, government policies and regulations aimed at the establishment and maintenance of competition that aims to promote, advance, and ensure competitive market conditions by the removal, as well as to redress anti-competitive results of, public and private restrictive practices. In effect, Philippine legislature has been adamant in ratifying laws both in realization of this provision and the protection of consumers, examples of which are R. A. No. 3247 (An Act to Prohibit Monopolies and Combinations in Restraint of Trade), The Philippine Corporation Code Batas Pambansa Blg. 68, and Executive Orders signed to increase Trade and Investment Liberalization. 9 Part of the competition policy framework is the liberalization and deregulation of select Philippine industries such as the maritime industry, civil aviation, telecommunications, energy and utilities. However, the actualization of the ideals of the framework seems lacking in the reality that most of these industries remain structurally monopolistic or oligopolistic. A casual observer could commit to the rash conclusion of the ineffectiveness of the changed stance of the Philippine government. 10 The Oil Deregulation law was enacted to address this new framework of the Constitution. The law seeks to attain â€Å"a truly competitive market that runs with fair prices and a suitable supply of environmentally-clean and high quality petroleum products. 11† The oil industry brought in a fair amount of new competitors, now there are about 600 competitors in the market and it’s safe to say that the law is achieving its goal. But for years it has been Petron Corp, Chevron Corp. , and Pilipinas Shell that are enjoying high market revenues. Up until now, the big three have remain to be most profitable in the market. Notably Petron Corp. at the top, followed by Pilipinas Shell and Chevron Corp. The big three still have 68% of the market share, which has improved from before but still with over a hundred of competitors, the number is staggering and it remains a question why the big three are still controlling the industry even with the oil deregulation law is in effect for 15 years. With the Constitution’s anti-monopolistic agenda particularly, Sec. 19 Article XII â€Å"which commands the state to prohibit or regulate monopolies for public interest,† the oil deregulation law have become one of the most questionable laws in the country. 12 The transparency of the oil prices has been an issue for the consumers as oil price hikes have not stopped since the law was approved by the congress. The time when the current oil deregulation law was enacted, February 1998, gasoline costs around just P12. 62 and now it went up to 300% ranging from P48. 65 to P54. 64 per liter. These gasoline prices are being questioned by the consumers for the price hikes are not supported by facts as to why gas prices need to be raise. The people are forced to just accept whatever reason the oil companies and the Department of Energy gives. 13 Given these issues, it would seem that the oil deregulation law is unconstitutional, a fact which the paper seeks to determine. C. Objectives of the Study The objective of the study is to provide a more accurate assessment on the unconstitutionality of the Oil Deregulation Law. The study aims to determine whether the law is constitutional: Does its provisions and effects violates the constitutional provision to achieve market competitiveness for public welfare? Republic Act 8479 will be compared to deregulation laws in other countries. Because of this, the study will be able to give comparison as to the success of other deregulation laws. D. Significance of the Study In the Philippines, the downstream oil industry remains a highly controversial aspect of the economy in spite, or perhaps because of, the implementation of full deregulation that started in 1998. Contrary to expectations, diesel and other petroleum product prices have consistently risen at a seemingly accelerating rate unfair to the average Filipino. Consumers and transport groups alike have thus repeatedly called for temporary or permanent reestablishment of price controls, only to be ignored by a government firm in the belief that deregulation as part of a liberalized approach to the economy will ultimately benefit the country in the long run. It is therefore in both private and public interests that the policy’s actual effect and its constitutionality be tested through empirical analyses. Results should be disseminated and scrupulously explained to the public at large to put to rest the clashing beliefs of the two concerned parties. If it has been found that the oil deregulation law is against the constitution or perhaps failed to induce competitiveness, the government would do well to reconsider and implement new policies or even revise or amend it for the sake of public welfare. If, however, the opposite has been concluded and the oil deregulation is in fact deemed to attain its goals, the government must focus its energies towards ensuring that the expected benefits are actually felt by consumers. A democratic government such us the Philippines’ is, after all, by definition supposed to cater to public interest and welfare. E. Scope and Limitations of the Study The thesis aims to closely determine whether or not R. A. No. 8479, the Downstream Oil Industry Deregulation Act of 1998, is consistent with what the constitution provides for. The researchers will interview lawyers to see if there is an unconstitutional provision within the acts content and from economists to assess if the effects from the acts implementation is really in a positive note. Included in the interview will be possible solutions, amendments or replacements to the still-contentious Oil Deregulation Law. Data-gathering will take place within Metro Manila and during the 2nd term of the academic year 2013 2014. II. REVIEW OF RELATED LITERATURE INTRODUCTION The researchers will cover four important topics central to the thesis. The first topic covers the Competition Policy framework of the 1987 Constitution. Included here are policies that ensure a competitive environment, which is in line with the goal of the Oil Deregulation Law. Reviewing the framework will help determine whether the law is actually doing its job to keep the playing field levelled, preventing monopolies. The second one will be about the transition from RA 8180 to RA 8479. Using the petition of Rep. Garcia against the R. A. 8479 in August 1999 as a source, the first part of our literature review will discuss the unconstitutional provisions R. A. No. 8180 that was not present in the revamped R. A. No. 8479. To know what transpired before the passage of the RA 8479 is important as it will give context and will direct where the thesis will go. After scrapping all the unconstitutional provision that made the ODL of 1998 to be successfully enacted, does the new law is clear of any constitution-violation? Apparently not, as the third part will discuss the different reasons from various persons and groups why RA 8479 is unconstitutional. Sources used in this part will cover news articles, House and Senate bills. Discussed in this part are bills that seek to either amend or repeal the ODL, the grounds that makes the law unconstitutional and the violated provision in the Constitution. While enumerating the grounds, this part will touch on the effects of the ODL to the oil industry, and to the people. This part is relevant because the grounds that will be listed can be our bases as to what our recommendations will be. The main objective of the ODL is to promote a truly competitive market, but did the law actually do so? The last part of the literature review will give insights about the status of the oil industry as of today. As the main source of the last part, the fairly recent paper entitled Philippine Oil Deregulation and the Oil Crisis: A Policy Issue Paper by Marlou Mumar of University of the Philippines. The paper roughly discusses the oil crisis in general, the ODL and its effects, and various suggested solutions to lessen oil prices. To provide a more broad view on the matter being discussed, the author interviewed five people from different sectors and of different specializations. The Constitution provided in Section 19, Article XII that deregulation must be only allowed if the public needs such action. Thats why its important to know whether or not the law is economically beneficial to the Filipino people, and this policy issue paper will help the researchers determine the same. A. Competition Policy One of the most tremendous shift from the 1973 constitution to the 1987 constitution was the implementation of competition policy framework14 that will make sure that markets in the country is free from anti-competitive practices. This government policy shall promote laws and measures that will maintain the level of competition in markets as well as affect the industry structures. Since then, deregulation of select economic industries, such as civil aviation, telecommunication, electric power, and downstream oil industry, have been implemented. A review of the Philippine Tariff Commission’s statement regarding the competition policy will be used in order to have knowledge on market industries, deregulation, and competition laws in the country. Here, we learn that the oil deregulation law is a product of the competition policy that the 1987 constitution adapted. Competition policy contains actions to keep or create competiveness in economic industries, which taking away the power of the government to take control of it, is included. Deregulation and other measures are used in order to promote economic efficiency. Economic efficiency is comprised of three components namely: (1) Productive efficiency; (2) Allocative efficiency; and (3) Dynamic efficiency. All of these components are essential to achieve competitiveness in markets, correction of market failure, and enhancement of consumer welfare. 15 Market structures are also enumerated and described here. There are five (5) market structures that are given here specifically: (1) Perfect Competition; (2) Monopoly; (3) Natural Monopoly; (4) Monopolistic Competition; and (5) Oligopoly. The first one is the goal of the oil deregulation law, to have a perfect competition in the oil market. In this market structure, there are several players entering in and out of the industry, selling similar products with fair competition. Many argue that the oil industry is an oligopoly of the big three (Petron, Shell, and Caltex), meaning that they can influence the price and output of the market by themselves. This assumption will be studied later on. 16 Sources of market failure are also discussed, which a monopoly can cause. If there is a monopoly in a market, income distribution is minimal. Also, consumer welfare is not guaranteed for monopolistic practices produce abusive price controls and inefficient production. These things may sound familiar, for many people now complain about these things against the government regularly. 17 Discussion of anti-competitive agreements are also given. Horizontal agreements, where firms agree to the pricing of a good, giving them ability to control prices. In this agreement, collusion between companies happen. These things can be solved with prohibitions or authorizations, which are few examples of solution for anti-competitive practices. 18 Although there are no developed legislation relating to anti-trust and monopoly activities, a competition policy framework is a strong backbone to safeguard consumer welfare. The oil deregulation law’s goal is part of the framework that the constitution wants to achieve. The statement by the Philippines Tariff Commission about competition policy is an evidence that the government should issue anti-competitive practices in the country. Issues about the oil market today, regarding possible oligopoly, predatory pricing, and consumer well-being should be taken a look at. The literature gave the definition of an oligopolistic market and indications of anti-competitive practices. The verdict will be given later if indeed the oil deregulation is not against the goal of the constitution as well as the law itself, which is to make the oil market competitive that runs with fair prices. 19 B. Transition from R. A. No. 8180 to R. A. No. 8479 In reviewing the constitutionality of the Republic Act 8479, it is necessary to know what was changed from the first oil deregulation law which was the Republic Act 8180, â€Å"An Act Deregulating the Downstream Oil Industry of 1996†. The petition of Rep. Garcia regarding the unconstitutionality of Sec. 19 of R. A. No. 8479 will be analyzed to give a brief background regarding the law. The first one was declared by the Supreme Court unconstitutional in November 5, 1997 for mainly three reasons. First, the provisions laid down were already advantageous to the major competitors; it will give more power to the oligopoly of the big three. Second, it will block the entry of effective competitors. Third, the law will sire an even more powerful oligopoly whose power to the market will take advantage of the consumers’ general welfare. 20 In this topic, a case study of the petition of honorable Enrique T. Garcia in 1999 against the 1998 Oil Deregulation Law is essential to know if R. A. 8479 is cleared of any constitutional flaws. The petition seeks to know if the new oil deregulation law is indeed constitutional and will ensure equal competitive market and welfare of its consumers. He pointed out that the court’s power of judicial review should protect its people from laws that could harm their rights. The case focused on the changed provisions of R. A. 8479 particularly; the 4% tariff differential, minimum inventory level, and predatory pricing provisions. Which should hinder the big three oil companies make practices that are anti-competitive, which is prohibited by the law such as cartelizing their operations by taking advantage of deregulation. The 4% tariff differential from R. A. 8180 was too much for the new competitors to compete with the established oil companies here in the country. With Sec. 6 of the R. A. No. 8479, they scrapped the former revision and imposed the tariff rates single and uniform for all players. The minimum inventory level requirement was also removed from the R. A. No. 8479 which could have given the incoming competitors tough time to be able to keep up with the resources that the big three companies already own. The last one was the issue on predatory pricing; Congressman Tinge suggested the Arena-Turner test and proposed to redefine predatory pricing. The definition states that pricing below average variable cost in order to match the lower price of the competitor shall not be considered predatory pricing unlike what was perceived to be pricing for purpose of discouraging a potential competitor in entering the market. 21 The judicial review also pointed out provisions that will make the oil industry be more attractive to potential competitors that should support the anti-trust protection of the R. A. 8479. The law allows the free participation of the private sectors and cooperatives in developing more gasoline stations. Moreover, the law also requires that there should be initial public offering of shares equivalent to 10% of the capital investments by oil companies. The DOE should give the consumers assurance on the pricing, for they are obliged to monitor increases in the gas prices from time to time. To further ensure that the rights of the consumers are protected, R. A. 8479 will form a task force with members of the DOJ and DOE to investigate anomalies in the deregulated oil industry. 22 The petitioner turned his attention to the phases that happened after the approval of the R. A. 8479 mainly, the transition phase and the full deregulation phase. In the transition phase, all non-pricing facets were lifted. With the eradication of the Oil Price Stabilization Fund (OPSF), a buffer fund was made to cover increases of petroleum products, with the exception of premium gasoline. The automatic oil pricing mechanism was maintained in order to estimate the local prices of gasoline products in the global market. A market-oriented formula was also approved by the Energy Regulatory Board (ERB) to know the wholesale posted price of gasoline products to be determined by the adjustments of the Singapore Posting of refined petroleum products, the Singapore Import Parity or the crude landed cost. The transition period should last up to five months following the enactment of the law but with the power granted to him at that time, President Fidel V. Ramos accelerated the start of full deregulation through E. O. 471 in March 14, 1998. His decision was supported by the DOE and DOF because of two reasons: (1) the prices of crude oil and petroleum products in the world market are beginning to be stable and on a downtrend since January 1998; and (2) the exchange rate of the peso in relation to the US dollar has been stable for the past three months, averaging at around P40. 00 to one US dollar. 23 Rep. Garcia pointed out four reasons for the unconstitutionality of R. A. 8479. In his petition, he said that the Sec. 19 of R. A. 8479 which grants for the five-month transition phase, shortened by Pres. Ramos, is pro-oligopoly, anti-competitive, and is against the economic welfare of the people. And therefore, the law was processed unconstitutionally for being foul and disparaging infringement of the constitutional policy and command embodied in Article XII, Section 19 of the 1987 constitution against monopolies and combinations in restraint of trade. It also violates the goal of the oil deregulation law, which is to make the oil market competitive under a system of fair prices. 24 And because of that, the law is a very vital and grave abuse of discretion on the part of the legislative and executive branches of government. Lastly, because of the hastened transition, he pointed out that Sec. 19 should be declared null and void for the transition and full deregulation should have price controls that should protect the public interest from the big three oligopoly’s price fixing and overpricing. All he said points out to the question, whether or not the execution of deregulating the oil industry conflicts the mandate of free competition under section 19, Article XII of the 1987 constitution. 25 The petitioner claimed that acceleration of the transition phase was pro-oligopoly, anti-competition, and anti-people for the reason that the short transition period was not enough to establish true competition in the local oil industry. He also said that true competition exists only when there can be a sizable number of players, and at that time there was only 3% of the market share which belongs to new competitors. Because of this, he suggested that the transition phase should be prolonged while the big three are still dominating the market with price controls so that the public can be protected from a possible overpricing or fixed pricing from the big three. 26 Subsequently, respondents claim that the decorum of full deregulation is a non-justifiable issue for it involves the perception of congress and the acceleration was also recommended by the DOE and DOF because of the two conditions that were discussed earlier. They also claim that the short transition period was not against the mandate of the constitution because the new competitors were given enough time to set up their businesses in the manner captured at least 3% of the market share. Petron Corp. , a respondent, pointed out that a short transition period is beneficial to new players coming in for they will be able to set up their business properly within a manageable time, to set up their prices, taking into account their investment and operating costs. It also claimed that an indefinite period of time would only discourage new players for they hoped that the price regulation would be lifted within a reasonable time. 27 Interposing economic arguments by the public respondents claim that price regulation is not beneficial to the public as well as to the economy. They added that the acceleration of full deregulation is based on existing conditions and sound economic theory. Shell Corp. filed a rejoinder and further added that if Sec. 19 were to be dismissed, there will never be full deregulation and would provide a new law that is different from what was already enacted. And, extending the transition period would bring back the automatic pricing mechanism which means that it will only replace the mode of price regulation by still another regulatory scheme. 28 As Garcia listen to these counter arguments, he said that he was just asking for the constitutionality of Sec. 19, not the essence of it. For he claims that Sec. 19 is anti-competitive, thus it is contrary to what the constitution says. He added that conviction against monopolies and combination in restraint of trade should be given legal consequence by the court. Garcia insists that the court should consider his petition that the downstream oil industry should go back to partial deregulation, in which the main features of deregulation would be allowed but the retail prices of petroleum products would still be regulated through an automatic pricing mechanism. 29 The Supreme Court Justice at that time, Corona, thought that his petition lacked legal basis even though it seem beneficial to the public. He added that the job of the Supreme Court was just to interpret and apply the law as conceived and approved by other departments of the government in accordance with the prescribed procedure. The knowledge and to rescind or alter laws were the job of the legislation. Furthermore, he stated that if they allowed an open ended transition period with pricing regulation by the government, the liberalization of the downstream oil industry would have been suspended. Then, it would bring about a free interaction of market forces that would eventually lead to hindrance of fair competition in the market. He also pointed out that to execute full deregulation depending on the number of new players would be to legislate a floating provision reliant on the happening of a conditional event. In that way, the goal of R. A. 8479, which is to deregulate and liberalize the downstream oil industry to ensure a truly competitive market under a regime of fair prices, adequate and continuous supply, environmentally clean and high-quality gasoline products, would be demoralize. Lastly, he also pointed out that reviewing the wisdom of the law is not a power of the judiciary, that power is only vested in the congress. Policy issues are within the domain of the political branches of government and of the people themselves as the repository of all state powers. 30 The case gave important information that will be needed in the study. It supplied a background on the changes covering the debunked R. A. 8180 to the R. A. 8479. The issues on the 4% percent tariff differential, minimum inventory level, and predatory pricing. All of these were changed or even removed from the first one. These three were the reasons for the declaration of the supreme court of the first oil deregulation‘s unconstitutionality. With these three gone, the R. A. 8479 should be cleared of any constitutional flaws. Petitioner Rep. Garcia thought otherwise. He insisted that the rushed transition period was unconstitutional for it is pro-oligopoly and it did not bring in fair competition in the market. With the rushed deregulation, it could have provided more power to the oligopoly to take control of prices and also the market. The court, respondents, and the petitioner acted upon the petition and in the end the court dismissed the petition for the reason that the petitioner failed to show that the law is violating the Sec. 19, Article XII of the constitution. Though Garcia pointed out interesting issues about the transition phase, he did not discuss the other cause of the acceleration of the deregulation which is the International Monetary Fund (IMF). The hasty transition together with the IMF’s role will be discussed on the thesis proper, for we believe that there other reasons that could have brought the transition to be accelerated. He was correct by saying that the accelerated deregulation was pro-oligopoly for the SC Chief Justice said that what was Garcia insists could be advantageous to the public. And, what is advantageous to the public is what the constitution wants for it is the protector of the people. The question on whether who will decide to repeal or even review oil deregulation law needs to be addressed. The Supreme Court said here that they do not have that power, and this issue will be talked about on the thesis part. C. What People, Groups Say About the Oil Deregulation Law Many are those who demand the amendment or the repeal of the ODL. The most relevant reason for those demands is that it does not comply with the Constitutional provision that says to prohibit monopolies. 31 But the researchers found more reasons for the laws amendment or repeal. Mostly politicians, they cited various inconsistencies and irregularities found on the ODL. Some proposing to amend the law simply because the goal of the law never came to fruition. This section will shed some light on the various reason found during research. Everything found in this section is relevant to the thesis, as these can be used as bases on the recommendations part of this study. In a 2008 article, the militant group Kilusang Mayo Uno (KMU) calls for the ODLs repeal and the removal of VAT on oil-related products. According to the KMU, pump prices at the time were P11 higher than what it should be. To support the claim, KMU presented a data. Dubai crude prices are pegged at $97/liter on two different dates: November 2007 and September 2008. The diesel prices here on the Philippines were P37. 95/liter and P49/liter respectively, showing the P11. 05 difference. This is because, according to the group, of the improper pricing imposed by the dominant oil companies, meaning monopoly is still present. The same is the reason why they want to repeal the law, because obviously the monopoly is still present. 32 Art. XII, Sec. 19 of the Constitution states the State shall regulate or prohibit monopolies when the public interest so requires. Supported by different transport groups, Bataan Rep. Enrique Garcia claims that the above-mentioned provision of the constitution is violated by the ODL. Citing the Supreme Court,33 he said that the control on the local oil industry is by foreign oligopolies. Also, he states the big three are the only relevant companies in the industry. The scrapping of the law, as he suggests, will ultimately free the people from their suffering from the prices set by oligopolies. 34 The Court of Appeals (CA) declares the ODL as unconstitutional. In the CAs ruling, Sec. 14 (e) of the ODL which gives Dept. of Energy (DOE) total control over the industry during national emergencies,35 violates the Art. VI, Sec. 23 of the Constitution. The Constitutional provision mandates the Congress to determine if theres a national emergency and a need to warrant the exercise of the Presidents emergency powers. 36, 37 1-Utak party list, led by Rep. Vigor Mendoza, says the ODL is vague, therefore unconstitutional. In Sec. 11 of the law, it defines two prohibited acts: cartelization and predatory pricing or unreasonable pricing. 38 Mendoza says that, first, in order to determine whether unreasonable pricing exists, there should be a crystal-clear definition of what fair price really meant which is not present in the ODL. The second act described in Sec. 11 is penal in nature and its enforcement will fail when theres a lack of guidelines in the law, making ODL unconstitutional. 39 Representatives Rufus Rodriguez and Maximo Rodriguez filed a bill repealing RA 8479 and reestablishing the OPSF. According to them, the ODL did not fulfill the goal it was written for. Instead of creating a truly competitive market, the law did the contrary. The promise that entrance of new entrants to the industry will create a competitive environment was broken as these new players get their sources from the big three, which will dictate the prices, ultimately violating the anti-monopoly provision of the Constitution. 40 The bill, to solve the problem with prices, wants to regulate the oil industry and to reintroduce the OPSF. With the fund present, it will lessen oil prices by balancing the price levels caused by fluctuations in the foreign exchange and additional costs from importation. The bill listed sources of the fund and the promulgation of the bills rules will be by the Secretary of Finance with the DOE Secretary as consultant. 41 Similar to the previous bill, HB 347 aims to regulate the downstream oil industry because of the same reasons. Unlike the previous one, this bill has a provision on how the industry will be regulated. The rules and its implementations will be formulated and issued by the DOE, with assistance from various government agencies, 60 days after this bills effectivity. Companies if found guilty of cartelization or monopolization, will be fined by at least P100,000 but not more than P1,000,000 plus possible business suspension or termination as determined by the DOE. The bill also includes a public information campaign to explain how the regulation works. 42 To summarize, the following are the grounds for the Oil Deregulation Law’s unconstitutionality: 1. That cartelization by the dominant companies is still present in the country, causing consistent price hikes, which is contrary to what the Oil Deregulation Law aims,43 ultimately violating the anti-monopoly provision of the Constitution44 2. That, during national emergencies, the DOE is vested with total control over the oil industry,45 which is contradictory with what the Constitution provides. The Constitution gives the Congress the responsibility (1) to determine whether the country is in a national emergency and when the country is, (2) to warrant the President to take control over any industry. 46 3. That the Oil Deregulation is vague, not defining what a â€Å"fair price† is, therefore the enforcement of the law will fail since there are no guidelines to determine whether an oil company is committing a crime, the unreasonable pricing,47 or not. The lack thereof now promotes monopolization as these big companies can increase their prices without thinking of any consequences. D. State of the Oil Industry Today The oil industry has changed over the years since the enactment of the Oil Deregulation Law. To review whether the said law is indeed free from constitutional flaws, we would have to take a look at the oil industry as of today. The effects of the R. A. 8479 should have been felt for its been a decade of progressively implementing the law. To know the state of the oil industry today, a review of a policy issue paper regarding the oil industry of today is needed. Marlou B. Mumar’s Philippine Oil Deregulation and the Oil Crisis: A Policy Issue Paper made in February 20, 2010 will be used to have a better background on what is the state of the oil market of today. The paper produced a brief a background about what went wrong with the oil market before the law was implemented. The deficit of the OPSF (Oil Price Stabilization Fund) that was used to cover up increases in gas prices was threatening to undermine the economy in 1995. Because of that, it triggered former Pres. Fidel V. Ramos to bring back the plan of creating the Oil Deregulation Law. An effort to avoid such fiscal deficit, the R. A. 8180 was enacted in 1996 which was later declared unconstitutional. The whole saga was discussed a while ago. Afterwards, a new oil deregulation law was implemented, which is now the R. A. 8479. Fifteen years have passed, six out of 10 Filipinos are in favor to scrap the law. 48 IBON foundation, an organization opposed to the oil deregulation law said that it just fortified the oligopoly of the big three for they are permitted to increase gas prices anytime. Due to this, other oil companies follow the trend and also pump the prices up resulting for a 535% increase in oil prices from 1996 to now. The effects of the law have not been felt by the consumers because of these high prices. 49 The consumers don’t know much about the effects of the oil deregulation law because they tend to judge it by looking at the price hike that has happened. Even though the downstream oil industry has maintained a meek growth,50 with the new competitors have invested worth 30 billion pesos in the market, the people doubt that the entry of these new oil companies guarantee fair prices for them. Because of this, the people does not buy that the oil deregulation law attained its social objectives of just prices, sufficient, and constant delivery of clean and high quality gas products. 51 What the consumers do not know is that the cause of such high prices were not caused by the R. A. 8479. According to the Independent Review Committee in 2005, â€Å"The main cause of oil price increases was the effect of major peso devaluation and increases in the international price of oil especially since we import practically all our oil product requirements. To summarize it, the increase in oil prices was a result of the government suggesting the players to increase the prices over a long period of time rather than rising it one time big time. Without a doubt, there is an oil crisis ongoing today. 52 With the United States experiencing its worst economic state, the boom of high oil prices and as well as other economic things is inevitable. Former Pres. Gloria Macapagal-Arroyo describes this as an â€Å"oil crisis of global proportions. † Today, two futures markets namely, London-based International Petroleum Exchange (IPE) and the New York Mercantile Exchange (NYMEX) set the prices of petroleum. Here, many traders sell oil products in paper or also called as â€Å"paper oil† on which they sell at a higher price. This scenario has become abundant, and eventually become the reason for the price hikes that the country experiences for the Philippines, heavily depending on foreign oil production, buy petroleum when the cost is at its peak. This has become a huge investment for international oil players. It is said for every 570 â€Å"paper barrels of oil† there was only one underlying physical barrel of oil. The paper oil barrels pull the cost of the underlying barrel of oil, dictating the cost of oil. 53 This only refute what most people think about the price hikes that are going on, it has to be something about the supply and demand of it. It is said that 60% of today’s crude oil cost is pure assumption driven by large banks and circumvent funds. 54, 55 Also in the paper, the different alternatives on solving the oil crisis here in the Philippines. Through the simplified stakeholders analysis, where the author simplified proposed solutions by various stakeholders, the author explained how each of the solutions effects if its the alternative used. There are six proposals included in the paper to solve the crisis: (1) Better implementation of Oil Deregulation Law (ODL); (2) Amendment of the ODL; (3) Scrapping of the ODL; (4) Removal of the 12% VAT on oil; (5) Finding of alternative sources of energy; and (6) Country-to-country oil agreements. 56 The first alternative was based from an Independent Review Committee report on the ODL with Carlos Alindada as chair which tells that the law is actually needed, the oil prices are actually justified which is why oil companies are actually experiencing losses. The report has four recommendations: (a) more effective and regular monitoring oil prices; (b) better initiatives against illegal, unsafe, unfair practices in oil service stations; (c) DOE should be in an anti-subsidizing stand; and (d) to make Petron, partly government-owned, as a price moderator for price-basing since, the report pointed out, Petron is a refiner and a market leader. 57 The second alternative is for the laws amendment. With this, deregulation is still necessary, an improvement is just needed to achieve its actual goal a truly competitive market. One congressman is mentioned, namely Rep. Singson of Ilocos Sur, which made bills to amend the law for better information-dissemination and competition-promotion. The specific sections referenced are 14 (Monitoring) and 15 (Additional Powers of the DOE Secretary). 58 The third calls for its repeal. Consumer and Oil Price Watch (COPW) chairman Raul T. Concepcion calls for regulation since, under a deregulated arena, refineries opt to not use Dubai prices as their basis instead they use the Mean of Platts Singapore which is usually higher, and another factor for the prices is competition. Another point raised by Rep. Rufus Rodriguez of Cagayan de Oro in his House Bill 4262 is that the ODL does not actually foster competitive market and instead strengthened the power of the dominant companies, stressing out that the supply of the new entrants come from them hence prices are still controlled by the dominant companies. The bill also calls for the comeback of the OPSF. Much the same, Kilusang Mayo Uno (KMU) says oil cartel is still existent in spite of the deregulation. To support the claim, KMU presented a data. Dubai crude prices are pegged at $97/liter on two different dates: November 2007 and September 2008. The diesel prices here on the Philippines were P37. 95/liter and P49/liter respectively, showing an P11. 05 difference. 59

Hearing Life in a Deaf World.

Hearing Life in a Deaf World. "Was it weird growing up having deaf parents?" "Why aren't you deaf?" "How did you learn how to talk?" "Can your parents talk?" "Is it quiet in you house?" "How do they use the phone?" When most people find that my parents are both hearing impaired, their first reaction is to automatically have sympathy for me due to this perceived disadvantage. Although I have come across the inventible obstacles, I don't view the situation as a problem, only as an opportunity that God has placed in my life for a purpose.At an early age I learned what it meant to appreciate all that was given to me. Gifts which many take for granted I cherish. From all of the so-called "hardships" that I have endured, somehow I have developed not only an open mind, but also an open heart. Exposure to dealing with this professed disability has given me the ability to see beyond that which the populace generally sees.090720-1100314"Perfect" people who lead "perfect" lives often make judgments on others. I consider tha t a more critical disability than countless physical impairments. Becoming conscious of how people react to my parents has enabled me to distinguish how much of a deficit first impressions can be. Not only has this bestowed a unique opportunity to have a lucid, understanding perspective of the lives and community of the deaf, but it has also made me become a compassionate, empathic person towards everyone. Although I am by no means perfect, this experience has helped shed light on the world in general.No, it wasn't weird growing up having deaf parents, and still isn't. Hearing impairment is not always genetic. My parents taught me how to speak. Yes, my parents are able to speak, just not very clearly. My household is actually...

Travel Postcards Coursework Example | Topics and Well Written Essays - 500 words

Travel Postcards - Coursework Example This has been made possible by the extreme use of color such as the perfectly green grass in Cancun as well as in the Mexican, Caribbean. Another image that indicates a higher emphasis on the aesthetic value of the place indicated on the postcard is the picture of a hotel in Cancun, with beautiful lighting system and a pool (media.umb.edu). Additionally, the images have also placed much emphasis on the infrastructural developments of the places exhibited on the postcards. The city of Cancun is indicated as a city that has proper infrastructural developments that are properly planned, characterized by a properly managed environment (media.umb.edu). This is also evident in Hague, Netherland, where there are modern houses, fitted with perfect lighting systems (media.umb.edu). Natural beauty is another characteristic that has been given a high level of emphasis. The sea in Mexican, Caribbean is given a perfect blue color. On the other hand, the beauty of the snowy mountains in Malaysia is also exaggerated by giving the mountains perfect green colors, surrounded by white painting indicating the existence of fog. China has always been one of my favorite tourist destinations. Through the trips I have made, I have manage to buy several souvenirs such as: The Chinese Fan, Qipao, which the traditional dress, some Chinese Paintings, Jade Jewelries and Chinese hats as well as Chinese Tea leaves. Souvenirs have different meanings to different persons. This depends on a person’s interest and objectives while collecting souvenirs (Wilkins, 242). To begin with, I have an attraction to the Chinese Culture, by buying and keeping these souvenirs, I get a feeling of a close relationship with their culture. In addition, the souvenirs act as a reminder of the best moments I spent in China with new friends I made for instance: The Chinese Hat and the Jade Jewelries. On the other hand, some of the souvenirs are simply attractive and appealing to the eye for

Descartes Philosophy Essay Example | Topics and Well Written Essays - 2000 words

Descartes Philosophy - Essay Example The cause of the 'magnetism' is the magnet. This form of circular causal reasoning would have had been insufficient for Descartes and it is in this context of a world that is founded on such archaic Aristotelian principles that he meditates the cogito. Descartes wanted knowledge derived from natural science to have the clear and distinct properties of mathematical and geometrical concepts. Descartes presents his method in The Meditations. In order to evaluate its significance to his own philosophy it is imperative to demonstrate how he reaches the conclusion of the cogito. In order to build a proper epistemic approach to knowledge Descartes asks us to suspend our beliefs in propositions whose truth it is possible to doubt even in the slightest. As Descartes advances through the first meditation, our principles for acknowledging reality are elevated ever higher as he demolishes the capacities of recollection and the senses and even rationale in this respect. He presents three skeptica l arguments to fortify doubt, the dream argument, the interventionist creator-God and the imperfect creator/imperfect creation arguments. Discussion and Analysis The first argument, the dream argument says that there is no definite way to discern between when I am awake and when I am dreaming therefore, it is possible that I am dreaming right now and hence that all of my perceptions and sensations are false. It can be said against this that dreams are often hazy and are surreal with an unusual and we can always tell if we are able to dream. But for every notion we have of defining a boundary between dreams and being in a state of awakeness. One other problem with the dream argument as an argument for universal doubt is that it does not cause problems for self-evident 'truths' such as mathematical and geometrical concepts. To introduce the hyperbolic doubt Descartes needs to arrive at the cogito he must conceive of an argument that would make mathematics and logical validity dubitabl e. In order to do this he conceives of God as an all-powerful creator. Because of the omnipotence of God it is possible for Him to disrupt the truth of ideas we perceive as distinctly and clearly such as tautologies and analytic mathematical propositions. The first objection against this argument is that some people would not believe in a God that had sufficient power as to remove the certainty from clear and distinct ideas. Descartes reasons out of this problem by arguing that if our creator-God is less than perfect then we have even more reason to doubt because of our origins from an imperfect being. The other problem from this rebuttal is that assuming that there is a perfect God then it would be contradictory to his perfect being to deceive us. Another point, a God who deceives could have created our minds so that they could we can always have frequently or indeed always, have false thoughts. Accordingly, when we are calculating 2+2=4 and believing it to be self-evident we could be suffering an intervention from an omnipotent God to trick us to believing. It would seem that Descartes has now called even reason itself into doubt. By showing all knowledge is dubitable in the first meditation the significance of the Cogito for Descartes becomes clear. What if Descartes would be able to offer a cognitive principle that would

Fashion marketing Prada and Zara Essay Example | Topics and Well Written Essays - 2000 words

Fashion marketing Prada and Zara - Essay Example The paper "Fashion marketing Prada and Zara" analyzes the fashion brand of Prada and Zara and its marketing. Zara is a brand of fashion under the Inditex Group. Amancio Ortega created the brand in 1975 from when it has used clear strategies to beat the tight competition and gain world recognition. The company thrives on innovation, mostly coming up with new concepts that pioneer the industry trends. The company uses lucrative strategies, choosing not to advertise its products and channel the funds to other projects. Since its inception, the company has experienced tremendous growth and has a tremendous market share in the fashion industry. Most market researchers call the brand a devastating competitor and the coverage of this product is wide, serving markets all over the world. Zara and Prada have major differences in operation and organizations, which individually lead to their success. Zara is an independent retailer, preferring to open stores in most of the cities where they thin k they can get the most customers. The company does not use any advertisements for the products or stores, unlike Prada, mostly preferring to utilize the resources to open more stores and develop the business to meet the ever-changing demands in the fashion industry. However, the company may also prefer to use franchising techniques as the route of expansion when the legal requirements forbid the company to open independently owned stores. The franchised stores operate just like the other company owned stores.

Jet Airlines Analysis Of Information System Business Essay

Jet Airlines Analysis Of Information System Business Essay Management Information System Management Information Systems (MIS) provides information to managers and help them in decision-making based on databases. Data analysis plays vital role in determining which resources to use in order to achieve the mission of an organization. The world is developing an increasingly global market and economy. The basic management information system measures inputs and/or outputs, allowing managers to analyse the  relationship  between them and make decisions based on the outcomes they desire.Day to day example can be a speedometer, a speed-measuring system Types of Management Information Systems . The different types of MIS can be classified into the following: Transaction-Processing Systems: With the advent of mainframe computers, Transaction-processing systems were introduced in the 1960s. They are designed for the banks to handle a huge volume of routine, recurring transactions. They record deposits and payments into the accounts, record sales and track inventory.. Operations Information Systems After transaction-processing systems, operations Information Systems came into existence. It gathers information, organises and summarises it in a useful form. It access data from TPS and moulds it into suitable form. One can obtain sales report or inventory etc from this. Decision Support Systems (DSS) DSS is an interactive  computer system. It hasthree fundamental components: database management system (DBMS), model-based management system (MBMS) and dialog generation and management system (DGMS) which can be used for decision making. Expert Systems and Artificial Intelligence ESAI use human knowledge encapsulated in a computer to solve various problems that usually requires human expertise. Computer recognizes, formulates and then solves a problem. It also explains the solution and learns from its experience as well. Introduction to Jet Airways Jet Airways  is a leading Indian  airline  with its head quarter in  Mumbai,  Maharashtra. It is the second largest airline in India  and the market leader in the domestic sector. It offers over 400 flights daily to 67 destinations worldwide. Main domestic hubs:  Mumbai  and  Delhi. International hubs: Brussels  Airport,  Belgium. It is owned by the  London-based businessman, Mr.NareshGoyal. BACKGROUND Jet Airways emerged with its first flight in 1993. It is one of the fastest expanding airlines in the world, and in future will become the most preferred airline making your journey enjoyable. Jet Airways offers flights to 24 international destinations and 43 destinations in India. OVERVIEW Jet Airways was incorporated as an air service operator on 1 April 1992. It commenced Indian commercial airline operations on 5 May 1993. On 4th January 1995, Jet Airways was granted a scheduled airline status.The company is registered on the  Bombay Stock Exchange. Although,a major portion (80% of its stock) is controlled by Naresh Goyal. It has over 10,017 employees (March 2007).Jet Airways currently operates a fleet of 90 aircraft. With an average fleet age of 4.99 years, the airline has one of the youngest aircraft fleets in the world. Flights to 65 destinations span the length and breadth of India and beyond. CORPORATE VISION Jet Airways will become the most preferred domestic airline in India.Jet Airways will achieve this outstanding position by offering a high quality of service and reliable, comfortable and efficient operations.Jet Airways will uplift the concept of domestic airline travel -to be a world class airline. It will achieve this objective even while ensuring consistent profitability, achieving long-term returns for its investors and providing its employees with an environment for excellence and growth. Information Systems in Airlines Airlines exist to connect people to distant locations very efficiently and safely while making profit for the shareholders. . There has to be a trade-off between the three aspects. Thus, the designing of information system is very essential and its management helps them reach the organizations purpose. Key indicators in management are required to guide the working of the process and making changes in resource allocation. A management information system regularly provides information about the efficient working and function of the organization. The ultimate aim of the airline industry is to make the passengers journey comfortable and convenient. The different procedures in the airport and airplane should be simplified and highest degree of customers satisfaction have to maintained in order to succeed in todays competitive world. The Current Scenario The airline industry is constantly evolving and incorporating the latest innovations and technologies all with a common aim to make the journey of the passengers more and more comfortable and convenient. All the different procedures that the passenger goes through in the airport and airplane have to be simplified and highest quality of satisfaction for customers have to maintained by airlines in order to succeed in todays competitive scenario. Flying is now-a-days one of the fastest and easiest way to cover large distances. It saves a lot of travelling time compared to other means of transport. For employees this is a huge bonus as business can be carried out at a faster speed as they can reach their destinations in a matter of hours . The 4 basic factors that the airline industry has to carefully tackle are as follows: Efficiency Speed Safety Comfort Every year more and more people are resorting to airlines as a mode of transportation and hence constant innovation and establishing a unique relationship with the passengers is the need of the hour. Hence , the importance of the technology of integrated systems has become clearer and unavoidable in the airlines for the future as well. Improving Air Transport Information Systems It has been seen that many vendor companies are doing constant research and development in the technologies which have a prime aim to improve customer satisfaction and provide better services to the customer. Huge investments are also being made in this area which has a lot of scope of improvement. Example of such service can be self- checking kiosks, in-flight entertainment and connectivity, check-in via mobile phones, airport and baggage management services. Currently what can be seen as the prime objective of the airlines is: Optimizing revenues while maximizing customer relationships. Management Information system in Jet Airlines VENDOR: IBM Jet Airways, ,one of Indias premier international airline, and IBM (NYSE: IBM) have announced that the companies have signed a strategic business transformation for ten years and information technology (IT) services agreement. Valued at 62 million US dollars, the agreement is a major step towards Jet Airways journey of technology led business transformation, which will help the airline to achieve significant growth by implementing the companys IT with business strategies. Jet Airways aims to use IBMs domain knowledge of the global airline industry and its leadership in technology to meet the groups business transformation objectives. As part of the deal, IBM will provide with the latest technological solutions to transform the airlines various business areas such as airport operations, direct distribution and frequent flier programs. This engagement will help Jet Airways to improve and integrate its IT systems to deliver a highly differentiated customer service and to improve the efficiency of its various operations. Constant innovation to stay ahead of industry growth has been Jet Airways operating philosophy since it started its operations in 1993, said Nikos Kardassis, Chief Executive Officer, Jet Airways (India) Ltd. We are delighted to partner with IBM, the worlds leading IT services company, and see this as an exciting opportunity to use IBMs technology to lead business transformation in the Indian aviation sector and augment growth. This association will enable us to focus on our core business and improve our operational efficiencies, besides delivering a seamless customer experience. India, as a country, will take a leading edge position in delivering innovative ideas and solutions in the Global Aviation terrain, remarked Mr. Kardassis. IBM has provided Jet Airways with cutting edge IT Infrastructure and application to support services including employee transition, data centre operations, helpdesk support and storage operations, internet security services, network management, SAP and various other operating systems. Commenting on the developing relationship with Jet Airways, Ashish Kumar, General Manager, Global Technology Services, IBM India/South Asia, said, This strategic services deal with Jet Airways will begin a a new era in the Indian aviation industry. It will enable the airline to provide and enhance its business value and gain competitive advantage through innovative use of technology. IBM will bring its global experience and expertise in this industry to deliver services and solutions to help Jet Airways achieve its mission to innovate and lead as it continues to grow and expand internationally. The contract was signed in June 2010. Customer Relationship Management CRM stands for Customer Relationship Management. It is methodology used to learn more about customers needs in order to develop stronger relationships with them. CRM has always been a matter of great concern for airlines aspiring to improve relationships with the customers. Airlines that can effectively target, attract, serve and hold the best customers will definitely experience significant benefits. The better the bonding the airline holds with these customers, the more opportunities will be open for selling additional products and services. However, as the e-business is evolving, the hurdles of establishing customer relationships have become even greater. Airlines must be completely responsible for a customers satisfaction whilst the want it, buy it and use it experience. Advantage of CRM In Sales and Marketing CRM defines marketing processes and satisfy customer requirements using functionality to improve management of resources, segments and lists, campaigns, trade promotions, and marketing analytics. It also enables management of accounts, product configuration, opportunities, quotations, orders, contacts, activities pricing, billing, and contracts. Make smart business decisions with improved customer relations. Speedy access to databases so faster marketing. Improve visibility of your entire marketing process Increase returns on investments. Grow profitable relationships Maintain focus on productive activity Eliminate barriers to productivity Improve sales efficiency Service Transform service into a profitable line of business Increase customer loyalty Reduce costs of customer service and field service CRM in Jet Airways The figure 5 shows a few special offering from Jet Airlines The special offerings from it are as follows: It offers free tickets Special rates for Students Special Fares for corporate deals Jetlite Surprises The other Customer Relationship Management activities also include: Rapid Rewards program for all passengers that make all their reservations online. Incentives include lower rates, express boarding passes, and in-flight bonuses like free snacks drinks. Business Rapid Rewards for Business travelers. Special Benefits and services for Senior Vendor For Jet Airways CRM: EPSILON The emerging digital marketing company Epsilons email solution will now provide customer and trade communication services to Jet Airways in order to improve their relationship with customers. Jet Airways known for its in-flight services is striving hard to enhance its customer relationship management and loyalty management. .     Various surveys were conducted and was found that customers prefer email as the channel for communication. Thus, in order to be forward it selected Epsilons email marketing services. Epsilon is a pioneer in email sevices and provides exact view of all the customers . Such an overview allows the airways to design solutions for targeted customers which also increase its brand equity and nurtures great profits with loyalty. To provide a world-class customer experience, we chose Epsilon for their best-of-class email marketing solutions that enable us to stay close to our customers throughout the relationship lifecycle and ensure that we are providing the most relevant information, optimised in a timely fashion as and when they want it, said Rahul Kucheria, GM, Relationship Marketing with Jet Airways. Epsilons email platform speeds up the email delivery. Ithas an intense tracking and report forming features as well as optimisation tools that enable Jet Airways to enjoy the benefits of relevancy in communicating with the customers. It also allows Jet Airways to monitor and track the position and status of specific email communication all the way from booking to enquiry transaction. This allows the airline to improve its profile and transaction behaviour data to ultimately achieve one-to-one relationship with its customers.   Jet Airways currently publishes a monthly email newsletter to Jet Privilege members, all the travel agency partners and corporate clients. The company is planning to introduce transactional e-mailing through the Epsilon platform, such as registration confirmation, welcome messages and purchase confirmations. Conclusion In general, the airlines have to ensure that they strike a proper balance between the customer services and operating costs. In the aviation industry, the competition is ever increasing as more players enter each year. Effective management of information systems can definitely help in attaining these goals and also assist to incorporate the innovative solutions as well. In order to meet to meet these challenges, lot of companies and firm are working on different software and solutions with a common objective in mind to make travel both easy and convenient It is important to choose the suitable information that will help managers observe their situation clearly. When airlines observed management information systems that included loss in the revenue due to not selling empty seats or rooms, they managed ways to get some value from latecomers at deep discounts. A good information system in practice can ensure that the operation is able to run efficiently with clear focus on customers. By incorporating better and better technology systems, we can reach out to demands of more customers and also strengthen vital features like security, avoiding delays, reducing the cost of travel. The scope of improvement is virtually endless and the companies will have to keep on evolving in order to survive in the future as well.

Cause and Effects of Sleep Deprivation Essay

Cause and Effect Essay There are many people today who figure out there are not enough waking hours in a day to accomplish all that needs to be done. Daily tasks and obligations can take up a lot of time and in order for people to get these things done they cut corners on sleep. One might rationalize that a few hours here and there won’t make any difference, but lack of sleep can make a huge difference on a person’s mental and physical health. Lack of sleep can potentially be very harmful, anyone who gets an average of less than seven hours of sleep could be affected greatly. Not getting enough sleep can increase the chances of getting sick. Extended sleep deprivation has been linked with diminished immune system functions. Researchers have also found a direct connection between people who get less than six hours of sleep appear to have a reduced immune response. A lack of sleep can also increase a person’s risk of developing chronic diseases. Almost 90% of people who suffer from sleep deprivation also suffer from another life threatening health condition. Some of these diseases include: diabetes, heart disease, heart failure, heart attack, and high blood pressure. Not only can sleep damage one physically but it can also damage a person mentally. Sleep is essential to the quick thinking processes that are associated with learning. A lack of sleep can bring down the alertness of the mind and it’s attention span that makes it easier for one to learn and take in information. The shortage of attention can also limit a person’s ability to reason or solve a problem effectively. This means that people who are fatigued cannot learn at an effective level. Even if one can manage to learn a significant amount of information during the day, the person will not be able to remember everything if he or she does not allow their body to g et enough sleep to store all of the information in the long-term area in the brain. Avoiding a lot of deep sleep can damage long-term memory and can also lead to excessive forgetfulness. Skills that have been learned during the day are converted into memories during the night. â€Å"Sharp wave ripples† are brain events used to strengthen memory. This makes things the brain has learned easy to access and recall. These ripples also transfer short-term memory information into the neocortex and the hippocampus where they can become long-term knowledge. This occurs at its strongest rate during the deepest part of a person’s  sleep cycle. If not taken seriously, lack of sleep can cause much damage to the brain and other organs of the body. On average a person should be getting at least 7 hours of sleep per night. Less than seven hours of sleep per night could affect someone mentally and physically. Sleep is more important than one would realize and it is essential for the sound use of the mind, body, and their functions.

The Patriot Act

After the United States was attacked in the infamous 9/11 episode, the United States enacted the United States of 2001 on October 24, 2001 (Mil Net, 2001). The law was passed without any objections to the passage of the law, and was signed by President Bush on October 26 of the same year (Encarta, 2008). The Patriot Act is considered as the centerpiece legislation of the United States' response to the September 11, 2001 tragedy (John Gamboa, 2008).The law by its defintion is a tool that aims to strengthen the instruments of the law enforcement arms of the state, especially its police and prosecutin arms, with the goal of preventing attacks of this kind in the future (Encarta, 2008). The act itself lays out specific rules on surveillance, intelligence gathering and sharing among law enforcement units, money laundering, security at entrance and exit points of the country and criminal law among others (Gamboa, 2008).In conjuction with the applicability of other statutes, has in fact giv en more foundation to the civil freedoms and rights of people (Paul Rosenweig, Alane Kochems & James Jay Carafano, 2004). To prevent abuse, the Act has been one of the most extensive reporting procedures attached on any law (Rosenweig, Kochems & Carafano, 2004). But the question lies not in the benefits, but whether the law should be encated as is, with amendments or totally scrapped. Many critics of the Act have demonized the legislation as an instrument of abuse and a threat to individual rights (Paul Rosenweig, 2004).In the lifetime of the Act, many of the provisions in the law have either been amended, changed and re-worded to effect changes in the law to make it adapt to broader changes to attain less then defined and specific goals (Gamboa, 2008). But after all the smoke of critcism has cleared, one thing is still evident, the Act is still a very important tool in the fight against terrorism (Rosenweig, 2004). In the past, law enforcement groups were limited in the amount and quality of information that they could pass on to each other. The Act virtually did away with that limitation (Rosenweig, 2004).In this light, a majority of Americans, about 60 percent, are in favor of re-enacting that Act, but oppose any additional powers given to entities like the Federal Bureau of Investigation, like access to electronic mail, issuing subpoenas (Gary Langer, 2005) and to limit the access or rights of immigrants on U. S soil (New York Civil Liberties Union, 2005). Congress, basing on the utility of the Act, must enact the Act, subject to thorough study and discussion. Under the current ambit of the law, it is the people of the United States that are more apprehensive of the law than the intended terrorist targets (Gamboa, 2008).Many of the oppositors of the Act even claim that the law was just a cover for some law enforcement agencies to obtain the new expanded powers in the Act (Encarta, 2008). But again, the law and its effects would be more beneficial than the percieved threats to the citizenry (Rosenweig, Kochems & Carafano, 2004). And that is where the powers and wisdom of the members of Congress must step in to review and take action against the threats that the Act has seemed to conjure up (Rosenweig, Kochems & Carafano, 2004). References Gamboa, J. B. (2008, September 11). The Patriot Act.The Daily Aztec -9/11 where are we now http://media. www. thedailyaztec. com/media/storage/ paper741/news/2008/09/11/911WhereAreWeNow/The-Patriot. Act-3425472. shtml Langer, G. (2005). Poll: support seen for Patriot Act. Retrieved September 25, 2008, from http://abcnews. go. com/US/PollVault/story? id=833703 Mil Net. (2001). U. S. Patriot Act of 2001. Retrieved September 25, 2008, from http://www. milnet. com/pat-act-HR3162. htm MSN Encarta. (2008). Patriot Act. Retrieved September 25, 2008, from http://encarta. msn. com/encyclopedia_701712693_3/Patriot_Act.html New York Civil Liberties Union. (2005). Oppose expansion of USA Patriot Act. Retrieved S eptember 25, 2008, from http://ga1. org/nyclu/alert-description. html? alert_id=1303074 Rosenweig, P. (2004). United States. Retrieved September 25, 2008, from http://italianlibertarians. tripod. com/id12. html Rosenweig, P. , Kochems, A. & James Jay Carafano, J. J. ( 2004). The Parito Act reader: understanding the law's role in the global war on terrorism. Retriieved September 25, 2008, from http://www. heritage. org/Research/HomelandDefense/upload/69895_1. pdf The Patriot Act The United States 9/11 attack has marked a significant event in the history. The attack against USA was a proof that even strong and imperialist countries are never safe at any time. It has severely damaged the US reputation and challenged them further – economically, politically and socially. This system reluctance has made citizens and government more vigilant of their safety, and consequently it led US into formally launching laws and policies that aimed to strengthen their defenses against terrorist activities.Immediately following the 9/11 attack, the US government was fast into amending the US Patriotic Act (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism). This act contains 157 sections, which includes legal responses to assist terrorist victims, protect civilians from fake solicitations, and provide benefits for public safety (Perez, 2003).The act gave more ability to the law enforcement bodies to investigat e on cases suspected to involve local and foreign terrorist activities, more power to target monetary transactions that possibly induced terrorist connections and filter against all electronic communication devices that may be infiltrated by terrorist activities (Gable). According to the US government and its supporters, the US Patriot Act shall be able to reveres terrorism efforts and effects in several ways:(1) The Patriot Act allows investigators to use the tools that were already available to investigate organized crime and drug trafficking; (2) The Patriot Act facilitated information sharing and cooperation among government agencies so that they can better â€Å"connect the dots. â€Å"; (3) The Patriot Act updated the law to reflect new technologies and new threats and; (4) The Patriot Act increased the penalties for those who commit terrorist crimes (The USA Patriotic Act: Preserving Life and Liberty, pp.1-4). However, several years have passed since the attack and since th e start of the implementation of the act, numerous claims of its inefficacy have emerged; moreover, instead of its benefits being publicized, its negative implications and results are rather more rampant. Shortly two years since the 9/11 occurrence, and even right at the moment that we speak, numerous cases of violations of human liberties have bee n reported to have thwarted the civilian.More so, it has nourished the feeling of discontent and dissent over concerned citizens as the act continued its â€Å"rampage against terrorism. † What the act has merely done is to limit the privacy of the civilians. The act has legalized all sorts of interferences towards the private messages and way of communication that every individual goes through against their will, and even behind private citizens’ knowledge and consent (Kranich, 2003).The act, though it has indeed signaled the intensified battle against terrorism, it has also catered the arena that strengthened the backbone for government intervention against private citizens. Ironically though, the same provisions that are supposedly and potentially to be of important use in order to eliminate terrorist activities, are the same provisions that have suppressed the liberty of individuals and have further violated human rights in a number of ways.Amidst the oppositions from concerned groups against the passage and the continuity of the amendment, still the US government pursued its interest to counter terrorism even against the will and support of a large part of the American citizens, as well as other citizens around the world. Now, looking back at the instances starting from the attack, towards the end wherein the US legalized such provisions for the US Patriot Act – it is only rational to take a look on what it has caused and asses if the result was worth taking the risk once more if the provisions of the act are to be renewed.Personally, if I were to take a vote on whether the act should be re newed, I would rather have it reassessed first and point out the blunders that have caused too much opposition against it. At one point, the act was passed under limited time and too much pressure from the international community as it was enacted shortly after the 9/11 attack, it is enough to say that it was passed without proper deliberations (Van Bergen, 2002) Moreover, changes are really ought to be done in order to create a just and equal standpoint in battling against terrorism.One thing that should be changed is the utter disrespect against individual liberty that it encourages. Anything that directly and deliberately limits and suppresses the freedom and privacy of an individual must be opposed just because of mere suspicions. If anything must be done that shall violate the rights of the individuals, proper investigation must take recourse and until sufficient information are gathered, no one holds the right to interfere against anyone’s privacy.Though the US Patriot Act was implemented in its goal to counter terrorist attacks and to further protect the welfare of the American citizens, as well as other citizens in world but, it should not be forgotten that the basic right to freedom of the individuals should not be put at stake. Countrywide safety is really important, however, to totally violate the human rights is also as dangerous as what terrorism can bring, thus justifying the changes, if not the repeal of the US Patriot Act. References Department of Justice. The USA Patriotic Act: Preserving Life and Liberty.Retrieved from Life and Liberty database Gable, Garrett. Effects of the USA Patriot Act. Retrieved December 2, 2007 from Kranich, Nancy. (2003) The Impact of USA Patriot Act: An Update. Retrieved December 2, 2007 from Perez, Paul. 2003. USA Patriot Act helps efforts to combat terrorism. Retrieved December 2, 2007 from St. Petersburg Times Van Bergen, Jennifer. 2002. Repeal the USA Patriot Act. Retrieved December 2, 2007 from www. tru thout. org

Free Essays on Martha Graham

Dance is a form of expression which is uniquely expressed by an individual in his or her own way. Martha Graham influenced the world with her individual form of dance which changed dance. Graham has influenced many dancers to learn the Graham technique because it is different from ballet and it’s contemporary. Martha Graham has choreographed many dances which have been touched by people around the world. Her dances are unique in style and choreography. She is called the pioneer of modern dance, because she developed her own style of dance. In the 1930’s Graham developed a technique which uses the body to perform in percussive manners and let the emotions run freely. In the performances choreographed by Graham feelings in each dance is carried out so the audience can feel the pain or the happiness. In the performance Cave of Heart Graham has once again shown how she works her magic by carrying out every feeling. Cave of the Heart is a Greek mythology which was turned into a dance by Martha Graham. The dance was presented with such expression and feelings. The destructive powers of love, dark passions of the human heart are shown through the dance. Medea was a sorceress who, was in love with Jason. She used her magical powers to help him gain a Golden Fleece. Medea fled with him to Corinth and sacrificed everything that was dear to her. Jason was very ambitious and just cared about power and abandoned Medea. Medea felt betrayed by Jason because he had felt her alone. So Medea plans a plot which would end in death of her rival the princess and murder of her own two children. Medea is so furious with Jason that she wants to destroy everything even there children. Medea was adopted by Martha Graham, to create an expressive dance. This dance showed how Medea felt with the moves and colors which were chosen for the costumes. The dance moves in weren’t stiff, the moves were talking with the hands and showing feelings. Medea express... Free Essays on Martha Graham Free Essays on Martha Graham Dance is a form of expression which is uniquely expressed by an individual in his or her own way. Martha Graham influenced the world with her individual form of dance which changed dance. Graham has influenced many dancers to learn the Graham technique because it is different from ballet and it’s contemporary. Martha Graham has choreographed many dances which have been touched by people around the world. Her dances are unique in style and choreography. She is called the pioneer of modern dance, because she developed her own style of dance. In the 1930’s Graham developed a technique which uses the body to perform in percussive manners and let the emotions run freely. In the performances choreographed by Graham feelings in each dance is carried out so the audience can feel the pain or the happiness. In the performance Cave of Heart Graham has once again shown how she works her magic by carrying out every feeling. Cave of the Heart is a Greek mythology which was turned into a dance by Martha Graham. The dance was presented with such expression and feelings. The destructive powers of love, dark passions of the human heart are shown through the dance. Medea was a sorceress who, was in love with Jason. She used her magical powers to help him gain a Golden Fleece. Medea fled with him to Corinth and sacrificed everything that was dear to her. Jason was very ambitious and just cared about power and abandoned Medea. Medea felt betrayed by Jason because he had felt her alone. So Medea plans a plot which would end in death of her rival the princess and murder of her own two children. Medea is so furious with Jason that she wants to destroy everything even there children. Medea was adopted by Martha Graham, to create an expressive dance. This dance showed how Medea felt with the moves and colors which were chosen for the costumes. The dance moves in weren’t stiff, the moves were talking with the hands and showing feelings. Medea express...

The eNotes Blog The Hobbit Film FinallyGreenlighted

The Hobbit Film FinallyGreenlighted For fans of J.R.R. Tolkiens Lord of the Rings series (both the books and the films), a long wait is over. The Hobbit, prequel to the trilogy (The Fellowship of the Ring, The Two Towers and The Return of the King) has finally been given the go-ahead by the Tolkien family, who had delayed the film rights due to legal disputes. Those differences have been settled and filming is set to begin in the near future. Peter Jackson is on board again to direct the film, which will be released in two parts. However, some people are upset that the role of Bilbo, formerly played by actor Elijah Wood, has gone to English actor Martin Freeman (The Office, The Hitchhikers Guide to the Galaxy). It is likely that the film will once again be shot in New Zealand, although monetary disputes have arisen and this may eventually lead to the selection of another locale.   New Zealands film industry, however, is rallying to keep the $500 million dollar film on Kiwi shores. Thousands turned out to protest a possible move, arguing that New Zealand is Middle Earth.   A decision should be reached by the end of the week. Part One of The Hobbit is expected to be released in December 2012.

Nokia Mobil Phone Research Paper Example | Topics and Well Written Essays - 1500 words - 1

Nokia Mobil Phone - Research Paper Example A set of possible solutions that the company could have adopted have also been set down as recommendations for the company during 2006. The recommendations set down have been well thought out and is based on the performance of the company, the factors that impacted the business during that stage and also keeping the future in mind. Firstly, it is important to identify and discuss here the stage of the life cycle model that the company was in during 2006 in the US. The year 2006 was indeed recognised to be the peek for Nokia Corporation in the US. The company had grown to sell as much as 440 million handsets which contributed to almost 40% of the overall global cell phone sales. The company was then at the pinnacle of success and every product of the company, i.e. the mobile phones as well as the MP3s were all in high demand. The company had seen an increase of 25% for the demand of the phones in the emerging markets (Kharif). The company made a net profit of almost 1.2 billion Euros. The company has also seen a major increase in the revenues in the year 2006. On the whole, the company was part of the growth stage and the company has seen intense growth and development throughout the year throughout the world except in America (Kharif). In the case of America, Nokia has moved from the growth stage and to a great extent has moved closer towards the decline stage. There has been a massive jump in the company’s position in terms of the pro duct life cycle. The years prior to 2006, have clearly been very eventful and successful for the company however, the year 2006 led the company to be left way behind competitors like Motorola. Nokia lacked the style and new trends in the mobile designs and carried on focusing solely on the bar shaped cell phones (Kharif). There was clearly little or no attention paid to the customer

Annotated Bibliography Example | Topics and Well Written Essays - 750 words - 1

Annotated Bibliography Example legislatures to testify against death penalty1 and Cassell (in favor) – a law expert (judge and law professor) sympathetic to victims and advocate of criminal justice reform,2 this book comprehensively presents the pros and cons of the death penalty, thus recommendable to general readership. The authors’ enlightening discussions on the strengths of both arguments made this book enormously relevant to the study. Written by a staunch abolitionist and an authority on the matter, being a law expert (a distinguished lawyer, a law professor specializing in death penalty issues, and a contributor for reputable law journals), and having written three books on the issue: Death in the Dark: Midnight Executions in America (1997), Legacy of Violence: Lynch Mobs and Executions in Minnesota (2003), and Kiss of Death: America’s Love Affair with the Death Penalty (2003),3 this strong anti-death penalty article is for the general American public, who after the World Trade bombing seemed to approve death penalty. Here, he discusses death penalty from a broader perspective and a much deeper understanding of the American society. He disputes pro-death penalty arguments by highlighting human rights and by refuting pro-death’s claim that death penalty deters crime. Written by a reputable journalist specializing on the US correctional system and associate editor of a respectable correctional magazine, Corrections Today – â€Å"the professional membership publication of the American Correctional Association (ACA),†4 this article historically narrates the growing clamor in the US for the abolition of the death penalty, citing the many imperfections of the justice system (which has sent wrongly convicted individuals to execution) to have stirred this change. Since the consequence of death penalty is of public interest, this article is written for mass readership. With its statistical account on the frightening effect of death penalty, this gives the abolitionist group solid bases