Thursday, June 6, 2019

Impact of Globalisation on Africa Essay Example for Free

Impact of world(prenominal)isation on Africa EssayThis course pull up stakes examine the critical and rapidly ever-changing comp championnt of the soil at the beginning of a new millennium as a result of internal and external factors, paying special attention to the state as a central player in ensuring the provision of public services, as well as facing the new challenges emerging around the world. It go away enable students to assess the impact of orbicular stinting liberalisation and information dissemination on goernments and their constituents engage in specific analyses of the changing economic consumption of the state, the variant actors and stake- operateers involved, the mechanisms of g everyplacenance at different levels and the emerging frustrations and violence. identify the capacities of and constraints facing g everywherenance processes critique the expression in which reforms undertaken by governments impact social, cultural and economic increment an d analyse the challenges faced by institution with regard to democratisation To accomplish this, the course is divided into three thematic areas 1. The State and the People (internal factors) Under this scratch part of the course, students will identify the basic components of state-craft, the different actors who come into play in decision making, the relative importance of each(prenominal) over the course of history, the constants in different geographic contexts, etc. With the advent of fresh economic, social, and environmental challenges, there is a strong sense among governments that their scope for autonomous public action is embodyence reduced by the forces of globalisation and the consequent growth of inter-dependence among states.Sound governance in the public vault of heaven is a critical factor for continued progress. A determined effort is thus required by governments in refocussing the capacities of the public sector to meet the emerging challenges, and to grasp the opportunities thrown up by the global trends in a new millennium. 2. The State and Globalization (external factors) Under this second part, students will review the process of rapidly increasing globalization, and its impact on the role of the state, the process of increasing inter-connectedness between societies such that events in one part of the world have increasing cause on people and societies far away.Economically, multi matter flows of commodities and production factors, such as groovy and labour, are being accelerated. Politically, the sovereignty of nation states is being undermined, and certain kinds of supra-national authorities are being enhanced. Socio-culturally, contacts between peoples in different parts of the world have become easier, enhancing the advent of a global culture and cultural homogenisation.The effect of the integration of markets, new information technology, the wearing away of sovereignty, the growing role of non-state actors, and sub-nation al groups, and an increasing inter-dependence among states, has resulted in the emergence of a global community, global returns, and global actions. Students will analyse the changes required in the functions of the state so that it clear goodly mitigate the impact of globalization to ensure sustainable development, and national security.3. Reconstructing the State (mechanisms of reform) Under this third part, students will review the need for recast the roles of the institutions of the state, as well as the normal interaction between the various stakeholders the state, the private sector and the civil order. They will analyse and debate on how national governance institutions can be reconstructed and retooled in different contexts within a climate of privatisation, participation, and decentralisation, how local governance can be promoted, how rule of impartiality and regulatory frame consummations can be established through responsible governance, and how democratic space can be created and maintained.This includes engaging civil society and the private sector in a dynamic partnership to improve the quality of developmental services, enhance social responsibilities, and ensure the broadest participation of citizens in civic life. The task o f the state is to take advantage of the forces of globalisation in providing a secure and stable domestic environment. The course will also analyse the manner in which the state can promote the participation of citizens in decision-making, enforce impartial legal frameworks, build transparency and promote accountability and equity, design policies on consensus, and provide strategic vision to overcome the challenges of mitigating the negative impacts of the global economy, transnational bodies, internationalist law, powers and power blocs, and sub-national fringe groups.READINGS While required readings will consist of the undermentioned texts which will be placed on reserve in the Library, additional articles f or each lesson may also be made available either over email or in hard copy. Some of these articles are cited in the various lesson descriptions below. Recommended Texts Globalisation, man development Report 1999, UNDP, available for free download at http//hdr.undp.org/reports/global/1999/en/ Reinventing Government, David Osborne, 1992. Reconceptualising Governance, Discussion report card 2, UNDP, January 1997, available for free download at http//magnet.undp.org/Docs/UN98-21.PDF/Recon.htm The Third Wave, by Samuel Huntington, make by the University of Oklahoma Press. Development as Freedom, by Amartya Sen, publish by Random House Anchor Books. The World Turned Upside Down? Globalization and the Future of the State, by Berry Jones, published by St. Martins Press. Globalisation and its Discontents, by Joseph Stiglitz, published by W W Norton and Company. The Lexus and the Olive Tree, by Thomas Friedman, published by Farrar, Straus and Giroux. Other General Texts Global isation and the State, World reality Sector Report 2001, United Nations Civil participation and Political Theory, Arato and Cohen, MIT Press, Cambridge. Democratic Governance, March and Olsen, New York Free Press. Globalization and the Nation-State, Holton, capital of the United Kingdom MacMillan.2 The Retreat of the State The Diffusion of Power in the World Economy, Strange, Cambridge University Press. Marc Williams (1996), Rethinking Sovereignty, Chapter 8, Elenore Kafman and Gillian Youngs (Eds.), Globalization Theory and Practice, London Pinter Globalization Theory and Practice, edited by Youngs, London Pinter The Twilight of Sovereignty How the Information Revolution Is Transforming Our World. Wriston, New York Charles Scribner. Governance in the Twenty- archetypal Century , Rosenau in Global Governance, Vol. 1, No. I (Winter 1995) Globalisation, State Sovereignity, and the never-failing Accumulation of Capital. Arrighi.A new version of a paper takeed at the Sta tes and Sovereignity in the World Economy conference, University of California, Irvine, 21-23 Feb. 1997. What Future for the State?, Strange, Daedalus Vol 124, ( mold 1995), 56. The Defective State, Strange, Daedalus Vol 124, Number 2, Spring 1995. The Retreat of the State The Diffusion of Power in the World Economy, Strange, Cambridge University Press, Cambridge 1996 Governance and Politics in Africa, Goran and Bratton, Lynne Rienner Publishers Inc. Colorado, USA. Institutions , institutional change and economic performance. North, Cambridge University Press. Making democracy work, Putnam, Leonardi, and Nanette, Princeton Princeton University Press. material body POLICIES Class Participation Class participation is essential in this course, and therefore, timely and regular class attendance is mandatory. Class attendance will be attach at the very beginning of each class. Attendance will be graded. Except for serious emergencies, and medical reasons, which must be brought to notice immediately over email, absences or late arrival will not be excused. It should be clearly noted that al to the highest degree leash of the Final Grade is qualified on attendance and punctuality. Drafting Particular speech pattern will be placed in this class on building up an ability to picture assignments and paper in a grammatically correct and logical manner, in presentations that can carry weight and conviction with the reader. The same will hold sure of oral presentations in class.Email Because of the importance link up to email and web pages, all students must have proper email accounts, and must check them on a regular basis every day. (All email addresses will be collected in the first class). Students should also maintain a group address (Listserv) of all classmates, including the Professor, so that messages of mutual interest can be circulated to all. Reference Formula All email correspondence MUST contain the following four-part Reference Formula in four roughl y places, namely, (a) as the only subject of the email (b) as the only first line of the text of the email (c) as part of the header of any attached assignment, and (d) as the filename of the attachment (initials of university)-(course symbol)-(initials of student)-(assignment number)3Example of the four-part Reference Formula NYU-G-XXX-A (where NYU stands for New York University, G stands for Globalisation, XXX are the students initials in capital letters, and A is the assignment number). Format of assignments Assignments will normally be submitted in hard copies, and must be saved in Microsoft Word (or WordPerfect) format exclusively. They should be saved with the same filename as the Reference Formula above, so that no confusion is ever created. Web-Sites Each student will be boost to maintain a personal web-page, which will be graded. (Some tips on the quickest means to establish student web-sites will be discussed in the first class).In addition, a Class Web-Page may also be m aintained as a group project. Each student will have to provide a personal thumbnail picture and a few lines of descriptive text for this Class Web-Page. These thumbnails have to be provided within the first two weeks of class. Other material on the class web-page will include summaries of class notes, and links to the personal web pages of each student reflecting their respective assignments. Assignments Assignments will include (a) One Mid-Term Paper (4-6 pages, one space, Garamond 12 or 14 pt. font, or equivalent) to be prepared and submitted by the 7th week of class. (b) One Final Paper (14-16 pages, single space, Garamond 12-14 pt. font, or equivalent) to be prepared and submitted by the 12th week of class.(c) Class Notes to be prepared each week by designated students working separately or in couples for each of the class sessions. (d) Oral presentations, supported by Summaries, on some of the essential texts (note The summary of the presentation MUST be circulated to all st udents and to the professor via email a full 24 hours before the presentation). Class Notes The objective is to maintain a complete record of the notes from each class on the home-page. The assigned group (which will always be different from the group preparing the presentations) will be responsible for preparation of the class notes.Class notes MUST be written within 24 hours after the class, and then circulated immediately via email to all. Class notes should not be longer then one page and should contain the following 1. The gist of the topics discussed in class. 2. The lessons learned News The daily reading of at least one leading American newspaper (New York Times, Wall Street Journal, Washington Post, etc), one major(ip) foreign newspaper or weekly (London Guardian, Economist, etc), and one major American quarterly ( foreign Report) is required.All are available over the Internet. GRADING POLICY grade Notes In judging the quality of all assignments, the total grade for each o f these will be divided into three portions, one-third for the quality and formatting of the presentation, one-third for the factual accuracy of research, and one-third for the strength and persuasiveness of the opinions expressed. Extra weight will be given for any visible improvement of work manifested over the semester.4Grading values A+ (98-100) A (94-97) A-(90-93) B+ (88-89) B (84-87) B-(80-83) C+ (78-79) C (74-77) C-(70-73) D (60-69) F (59-less) Grading Break-up Attendance and participation Web-page nutriment Assignments (oral and written) Final or Term Paper SCHEDULE OF LECTURES30% 10 % 30 % 30 % academic session 1 INTRODUCTION Class policies and ground rules regarding, mechanical drawing techniques, web-sites, email addresses, oral book presentations, etc., and the road map of the semester will be discussed in detail. school term 2 THE ROLE OF THE STATE RIGHTS, DUTIES AND OBLIGATIONS This session reviews the definitions of the state, including the institutions of the l egislature, the judiciary, electoral bodies as they have traditionally been conceptualised. What are the duties of the state to the public? What levels of government carry out what duties? How does legislature respond to the inescapably of the state, its duties and obligations? Governments are established to respond to the ineluctably of their populations?What are these needs? How are they defined? What right do the people have to demand them? How do they make their concerns known? And in turn do they have duties to fulfill in their capacities as private citizens that contribute to the smooth functioning of their governments? What is the role of citizenry in good governance and in the utile functioning of the state? Book Presentation Globalisation, Human Development Report 1999, UNDP Other interchange Papers Public Sector Management, Governance and Sustainable Human Development. Discussion Paper1. UNDP, BDP/MDGD. January 1995, acquirable at http//magnet.undp.org/Docs/UN9821.PDF /Psm.htm The Challenge to the South, The Report of the South Commission, 1992. Available through http//www.southcentre.org/ The Rise of the Brand State, Peter van Ham, Foreign Affairs, Sep-Oct 2001 SESSION 3 UNDERSTANDING GLOBALISATION This session will attempt to define the parameters of the forces of globalisation in their historical and functional contexts. How does globalisation today differ from its foregoing versions? What are the respective roles of the state and the private sector in using theseforces ?How do states, citizens, businesses, benefit from these forces ? Who gains and who loses out in the process. Book Presentation Reinventing Government, David Osborne, 1992. Other dscussion papers Selling Globalization The Myth of the Global Economy, by Michael Veseth Globalisation, Human Development Report 1999, UNDP, Available at http//hdr.undp.org/reports/global/1999/en/default.cfm The Clash of Globalisations, Stanley Hoffman, Foreign Affairs, Jul-Aug 2002 SESSION 4 GOVERN ANCE AS A BASIC PRE-CONDITION TO SUSTAINABLE DEVELOPMENT Governance is a basic precondition for sustainable economic, social and political development. This lesson will timbre at the linkages between governance and development that is sustainable.It will review how systems of governance can effect development positively or negatively and the challenges constitute to the state and society. It will also look at accountability and transparency in dealing especially with corruption, which is a major concern in most countries. Book Presentation Reconceptualising Governance, Discussion Paper 2, UNDP, January 1997 Other news Papers Governance for Sustainable Development, a UNDP Policy Document, 1997, Available at http//magnet.undp.org/policy/default.htm decadence and Good Governance. Discussion Paper 3. UNDP, BDP/MDGD. July 1997 Available at http//magnet.undp.org/ under Discussion Papers Series. SESSION 5 THE INTEGRATION OF MARKETS, TECHNOLOGY AND INFORMATIONThis lesson reviews the im pact of globalization on nations and countries all over the world. It examines the development of new technologies, and rapid information communications that are breaking down barriers of time and distance. It looks at the effect of odd integration of trade and financial transactions through electronic means and the massive diffusion of information through Internet and satellites. It examines the effect of globalization on the sovereignty of the state and the need for a change in its role. Book Presentation The Third Wave, by Samuel Huntington, published by the University of Oklahoma Press.Other discussion Papers Globalization and the Nation-State, by Robert J. Holton, London MacMillan, Philip G. Cerny (1996), What Next for the State?, Chapter 9, Elonore Kafman and Gillian Youngs (Eds.), Globalization Theory and Practice, London Pinter. The Knowledge Gap, Avinesh Persaud, Foreign Affairs, Mar-Apr 2001 SESSION 6 THE EROSION OF reign The process of globalisation is undermining the s overeignty of nation states and will lead to the eventual disintegration of the sovereign states system in international politics.The sovereignty of nations is being undermined by multiple sources technology, civil society, global consensus on issues such as human rights, democracy and governance. However, sovereign states are still the basic constituents of the international society. This lesson will look at the effect of globalization on the sovereignty of the state and review policies that need to be adopted to meet the requirements of the international community.Book Presentation Development as Freedom, by Amartya Sen, published by Random House Anchor Books. Other discussion Papers Philip G. Cerny (1996), What Next for the State?, Chapter 9, Elonore Kafman and Globalization Theory and Practice, by Gillian Youngs (Eds.), London Pinter, The Twilight of Sovereignty How the Information Revolution Is Transforming Our World, by Wriston, Walter, New York Charles Scribner, Will the Nati on State survive Globalisation, Martin Wolf, Foreign Affairs, Jan-Feb 2001 SESSION 7 THE ontogeny ROLE OF NON-STATE ACTORS The modern state is witnessing civil society, NGOs and the private sector becoming more(prenominal) powerful at the expense of the state. In some countries, the influence of some transnational corporations (TNCs) has become greater than that of the state.These TNCs are the most important single force creating global shifts in economic activity, and their strategies and operations are much influenced by the forces of technological change. Moreover, private investment has become a major source of funding for development activities. How can the state interact with these non-state actors gradually gaining a more prominent role? This lesson explores the different experiences and responses of nations to answer this question. Book Presentation The World Turned Upside Down? Globalization and the Future of the State, by Berry Jones, published by St. Martins Press. Oth er discussion Papers Governance in the Twenty-first Century, by Rosenau, James N. in Global Governance Vol. 1, No. I (Winter 1995) Public Sector Management, Governance and Sustainable Human Development.Discussion Paper 1. UNDP, BDP/MDGD. January 1995, Available at http//magnet.undp.org/Docs/UN9821.PDF/Psm.htm Assignment submission deadline for one of the following topics 1 How is globalization change the poor and other disadvantaged groups in developing and developed countries. Each student can either take one country or one aspect of globalization to prepare this summary. In other words the unit of analysis could either be one issue/aspect of globalization apply to different countries, or one country through which all aspects are brought together. or 2 Critically examine the problems of the civic and corporate responsibilities of multinational corporations.Students can either choose one company, or prepare a general note to examine how private sector companies can share social an d economic responsibility for the communities and groups in which they work. Such responsibilities might include, among other possibilities, support to local economic development, increasing awareness of human rights, supporting the government to fight interbreed border corruption, etc..SESSION 8 THE INCREASING INTER-DEPENDENCE AMONG STATES There is visible evidence about the emergence of a global community, global issues and global actions. Examples lie in multi-lateral organisations as in the United Nations system, and in regional institutions, as in the European Union, NAFTA, ASEAN, etc. Increasing interaction among states in tackling political, economic and financial issues, has resulted in a growing awareness that interaction at regional and global levels is essential in this globalized world. There is a need to address issues of peace, security, economic stability, indigence and health as global concerns.There is an awareness that global actions are becoming essential in ef fectively tackling problems which are acquiring global dimensions, for example, drugs, terrorism, global warming, crime, poverty, illiteracy, AIDS, etc. There is growing awareness also about the concept of global public goods. How can nations deal with this new interdependence? What is the most effective role for the state? This lesson reviews the effect of rapidly increasing globalisation in the 21st Century and its impact on national governments of the North and South. It looks at the issue of global goods, effects on the growth, distribution of incomes, availability of public services, and increasing inequities within countries and across nations and reviews the need for increased collaboration in policy, with particular emphasis on global governance. Book Presentation Globalisation and its Discontents, by Joseph Stiglitz, published by W W Norton and Company.Other discussion Papers Governance in the Twenty-first Century by Rosenau, James in Global Governance, Vol. 1, No. I (Winte r 1995) SESSION 9 THE EFFECTS OF GLOBALISATION AND LOCALISATION Globalization is forcing states to give up some sovereignty over global issues. The greater demand for decentralisation and citizen empowerment is also forcing states to devolve power, authority and finances to local levels. What is the role of decentralisation and how can this be distinguished from the process of devolution, and deconcentration? This lesson will look at institutional changes, experiences in decentralisation and democratic governance.Book Presentation The Lexus and the Olive Tree, by Thomas Friedman, published by Farrar, Straus and Giroux. Other discussion Papers Institutions , institutional change and economic performance, by North, Douglass, Cambridge University Press, 1990. Making democracy work, Putnam, Robert D., Robert Leonardi, and Raffaella Y. Nanette. 1993. Reconceptualising Governance. Discussion Paper 2. UNDP, BDP/MDGD. January 1997, Available at http//magnet.undp.org/Docs/UN98-21.PDF/Recon .htm Globalisation, Human Development Report, UNDP, Available at http//hdr.undp.org/reports/global/1999/en/default.cfm Globalisations Democratic Defeat, Joseph Nye, Foreign Affairs, Jul-Aug, 2001 SESSION 10 RETOOLING NATIONAL AND multinational GOVERNANCE INSTITUTIONS.Governments and international organisations are faced at all levels with increasing globalisation, population, and growing needs. New forms and ways of government functioning are emerging. The twenty first century is marked by a focus on democratisation, and an increased emphasis on global, national and local governance. The challenge is to restructure national governance institutions to deal with the impact of globalisation and the changing circumstances as well as providing efficient and effective public services with limited funds. Other discussion Papers The new institutionalism Organizational factors in political life. by March, James. G., and Hohan P. Olsen.. American Political Science Review 78 (3) 734-749.SESS ION 11 REGULATORY FRAMEWORKS AT THE INTERNATIONAL AND NATIONAL LEVELS The objectives are, ensuring society-based supremacy of laws, establishing regulatory systems to set up effective regulatory frameworks and a rights based system, ensuring equal treatment before laws protecting life, seat and human dignity. How is law implemented in multijuridical states? What challenges does this present to governments? How does this affect the democratic representation of each citizen? The session will also look at overarching international juridical bodies who designs them, who informs them, how is their mandate determined and implemented.Particular attention will be focussed on the World Bank, the IMF, and the WTO. Country cases are used to illustrate the needs of establishing policies, laws and resource priorities at the national levels to ensure equity and justice, and the upholding of rule of law, bringing security, and predictability to social, political and economic relations in the worl d. Other discussion Papers The normal Declaration of Human Rights United Nations Available at http//www.un.org/Overview/rights.html SESSION 12 BUILDING NEW PARTNERSHIPS WITH CIVIL SOCIETY AND THE PRIVATE SECTORWhat constitutes civil society? What is the most effective role of civil society organisations at the local, regional and global level? Do they and should they have well defined mandates? How can they work collaboratively with government? In addition, beginning with a review of the traditional role of the private sector in the stability of a nation-state,what are the moral, financial and legal obligations that the private sector has both to governments and to its constituents, addressing the question of the appropriate tools for regulation, if any. It examines the vital role of the private sector in good governance and in mitigating the negative effects of globalisation. Other discussion Papers Citizens, Strengthening Global Civil Society. CIVICUS.Good Governance and Trade Po licy Are they the Key to Africas Global integration and Growth?. by Francis and Yates, Alexander World Bank. 1999, Available at http//wwwwds.worldbank.org/servlet/WDS_IBank_Servlet?pcont=detailseid=000094946_99032505 585398 Taxes and Bribery The Role of Wage Incentives. Besley, Timothy, and J. McLaren. Economic Journal, Vol. 103, January 1999. Final Paper submission deadline What is the issue of the changing role and power of the nation-state in the face of globalisation.Some argue that invincible globalising forces will inevitably lead to the demise or fatal weakening of the nation-state in international politics. This kind of argument is explicitly presented in titles such as The End of the Nation-State (K. Ohmae, 1996) and The Retreat of the State (Susan Strange, 1996) Others refuse this argument and contend that nation-states will hold fast to their traditional powers and sovereignty. Examine the conflicting arguments on the relationship between globalisation and the sovereignty of the nation-state. In doing this, look into the conceptual aspects of globalisation and sovereignty first, present the different views on the subjects, and try to arrive at some conclusions as to what the conflicting arguments imply for human development. or A focused single-topic paper, either on one of the following topics, or on any other relevant topic which is cleared in advance with the Professor (a) Corruption and Accountability.(b) Electoral neaten in Established Democracies. (c) Decentralisation and Democracy. (d) The Importance of Rule of Law and Access to Justice. (e) The Limits to the Capacity of the Public Sector. (f) The Uneven Impact of Globalisation. (g) The Erosion of Sovereignty. (h) The Role of Civil Society in the Future World. (i) The Role of Foreign Direct Investment. (j) Information Technology as a Driving Force. (k) Terrorism, causes and effects (l) Poverty and its Effects (m) New Doctrines in Law (n) Free Trade and Protectionism (o) Migration flows in a Globalised world. SESSION 13 FINAL SUMMATION CURRENT GOOD PRACTICES Several modules of good governance exist around the world.Students will identify different models of good governance and critically analyse its components establishing the reasons for the success of the models and identifying the circumstances where these models could be used as an example of ruff practices. What does capacity development for governance involve? How is the capacity of a national government assessed and what are the innovative approaches required to create an enabling environment and interrelation of groups and organisations. Other discussion Papers Governance for Sustainable Human Development. Discussion Paper 7. UNDP, BDP/MDGD. http//magnet.undp.org/policy/default.htm January 1997, Available at Corruption and Good Governance.Discussion Paper 3. UNDP, BDP/MDGD. July 1997, Available at http//magnet.undp.org/ under Discussion Papers Series. The Capacity to Govern Report to the Club of Rome. Yeheze kiel, The Commonwealth Portfolio of Current Good Practices and New Development in Public Services Management, Commonwealth Secretariat. 1996, Emerging Issues in Capacity Development, Proceedings of a Workshop. Institute on Governance, Ottawa, 1994. Spreading the Wealth, Dollar and Kraay, Foreign Affairs, Jan-Feb 2002 Is Inequality Decreasing, Galbraith and Pitt, Foreign Affairs, Jul-Aug 2002 SESSION 14 DISCUSSION ON FINAL PAPERS This session will review the Final Papers of students before the semester ends

Wednesday, June 5, 2019

HRM Strategic Interventions Overview

HRM Strategic Interventions Over locationAlthough adult malekinde resource instruction is a phrase which has been in use for everyplace 40twelvemonths, it did not come to the fore as a distinctive approach to managing people until the mid 1980s, when it became generally k directn as HRM. The vocabulary for managing the use kin has undergone a switch over. Personnel Management has increasingly given way to human resource guidance (HRM) or, better still to strategical human resource counsel (SHRM).It was charted/noticed in the writings of US academics and managers (for example, Tichy et al., 1982 Fombrun et al., 1984 Beer et al., 1985 Walton and Lawrence, 1985 Foulkes, 1986). This was, however, taken up by both UK managers (for example, Armstrong, 1987 Fowler, 1987) and UK academic (for example, Hendry and Pettigrew 1986 Guest, 1987 Miller, 1987 Storey, 1987 Torrington and Hall, 1987). By the end of the 1980s and the beginning of the 1990s it became a common term. Strengthe ning this change was the emergence, in 1990, of two new academic journals Human resourcefulness Management Journal and International Journal of Human Resource Management. It heralded the pushing-aside of personnel-management and the solidification of HRM. Perhaps the close to alpha reason why HRM emerged as the dominant philosophy for managing people in the 1980s is that chief executives, prompted by economic and transmission line trends, and the view of a number of influential writers such as those mentioned above and Kanter (1984), at last began to appreciate that competitive advantage is achieved done their employees i.e. the people who implement the corporate plan, and that they must do something ab emerge seeing that it happens in their own boldness. Porter (1985), another highly influential writer captured this view when he wrote HRM is an integral part of the value chain at firm level.The impact of global competition, complexity, technological change and shifts in empl oyee determine defecate affected UK as well as US chief executives, and it has been said by Fowler (1987) that HRM represents the discovery of personnel management by chief executives. For years, chairmen in their one-year reports have been paying lip-service to the message people are important. Now, however, competitive pressures from one-culture, high- cargo firms, and changes in employees expectations have indicated the need for action instead of words to obtain fuller use of their human resources.Having said all these I intend to discuss HRM in perspective, its conf apply strategic interventions (SHRM) and analyse/focus more(prenominal) on Performance Management. I go forth also highlight the challenges and benefits of this strategic intervention using a particular model and how it truly improves an fundamental laws effectiveness.Understanding HRMA common theme at bottom the human resource management (HRM) literature in recent years has been the adoption of HRM practic es designed to achieve high levels of employee act upon, flexibility and commitment. Here, human resource (HR) practices are fixed in a much more direct relationship with organisational policy making and capital punishment issues than traditional approaches to personnel management (Bach and Sisson, 2000). In the 1980s, original writers in the area of human resource management (HRM), Beer et al. (1984), stressed that in the face of increasing international competition, organisations had to focus on the value of investments in human resources as a major source of competitive advantage. The transition from personnel management to HRM reflects this emerging organisation-wide commitment to human capital begetment. The change, however, has activated considerable discussion within the academic literature about the successful strategic positioning of, and responsibility for, HRM (Beer, 1997 Dyer and Holder, 1988 Guest 1987 1989).The effective use of diverse/different people seems to be the primal as focalises of any organisation aside from its financial, technological and physical resources therefore it has to be managed effectively and strategically. What then is HRM? There are quite a few descriptions Beer et al (1984) Human resource management involves all management decisions and actions that affect the relationship betwixt the organisation and employees its human resources.Pettigrew and Whipp (1991) Human resource management relates to the total set of getledge, skill and attitudes that firms need to compete. It involves concern for and action in the management of people.Bratton and Gold (2003) Human resource management is a strategic approach to managing employment relations which emphasizes that leveraging peoples capabilities is critical to achieving sustainable competitive advantage, this being achieved through a distinctive set of coordinated employment policies, programmes and practises.As you sack see, the emphasis is, first, on the interests of management, secondly, on adopting a strategic approach, thirdly, on obtaining added value from people by the processes of human resource development and capital punishment management and, finally, on gaining their commitment to the objectives and value of the organisation.We can therefore identify the following as basic characteristic features of HRMIt is a top-management driven activityThe capital punishment and delivery of HRM is a line management responsibilityIt emphasizes the need for the integration of business and personnel strategiesIt involves the adoption of a comprehensive and luculent approach to employment policiesand practisesImportance is attached to strong cultures and determineIt places emphasis on the attitudinal and behavioural characteristics of employeesEmployee relations are unitarist rather than pluralist, individual rather than collective, high trustrather than low trustOrganizing principles are innate and decentralised with flexible spots and more emp hasis onteamworkRewards are differentiated according to surgery, competence or skill.It is however important to note that these characteristics go out be applied in many distinctive ways in different organisations. HRM as practised in America, UK, India, Nigeria or anywhere else will have features which will be affected by economic and political environment, and the industrial relation climates and practices of the country. HRM as practised in any country will depend on the culture and tradition, structure, technologies, products and markets of these countries. Drawing on Squires (2001) work, these practises suggest three basic questions(1) what do HRM professionals do? (2) what affects what they do? and (3) how do HR professionals do what they do? Firstly, to understand what HRM professionals do we can identify 8 cardinal HRM functions, policies, programmes and practises designed in response to organisational goals and contingencies, and managed to achieve those goals. These fun ctions contain alternatives from which managers can choose. The functions are(1) Planning (2) Staffing (3) Developing (4) Motivation (5) Maintaining(6) Managing relationships (7) Managing change and (8) Evaluating. Secondly, to identify what affects what they do, we must understand that HR activities that managers undertake vary from one workplace to another. These variations may be due to the following(a) external effects (economic, political, well-grounded regulations, social aspects,etc)(b) strategy and(c) organisation (size, work and structure, technology,etc). Lastly, how do HR professionals do what they do? This points to the means or skills by which they accomplish their managerial work. These could include technical, cognitive, and interpersonal skills and processes according to Squires (2000) work.Thus far, I have tried to analyse the origin of HRM and its meaning. I have also shown how it contri andes to the functioning of work organisation. Now, this is the important par t of my converse the defining features of HRM the theoretical perspectives. Practice without theory, they say, is blind, Hyman (1989). forms of HRMLike I pointed out to begin with, the extent to which HRM is applied, and how it is applied, will vary considerably according to the type of organisation and the environment in which it operates. This will be governed by the policy goals of the enterprise and may be hard or soft depending on the philosophy of top management. But we can identify five major HRM models ( The Fombrun, Tichy and Devana model developed by the Michigan school ( Fombrun et al, 1984) The Harvard model the analytical framework of the Harvard model offered by Beer et al. (1984) The Guest Model (David Guest , 1989,1997), The Warwick Model (Hendry and Pettigrew, 1990) and the Storey Model (Storey, 1992) that seek to demonstrate analytically the qualitative differences between traditional personnel management and HRM. These models fulfil at least(prenominal) 4 imp ortant intellectual functions for those studying HRM(1) they bequeath an analytical framework for studying HRM ( like stakebearers, situationalfactors, strategic choice levels and notions of competence and commitment)(2) they legitimate certain HRM practises/interventions(3) they permit a characterisation of HRM that establishes variables and relationships to beresearched and(4) they serve as a heuristic device something to help us discover and understand the recordand significance of key HR practices/interventions.The Fombrun, Tichy and Devana modelFor my discourse here, I shall be applying the above model, (Fig 1), which emphasizes the interrelatedness and coherence of HRM activities/practises or interventions. They introduced the concept of strategic human resource management by which HRM policies are inextricably linked to the formulation and execution of strategic corporate and/or business objectives (hence the name twinned model). This HRM cycle in their model consists of quaternion key constituent components selection, appraisal ( performance management), rewards and development, these four human resource activities aiming to increase organisational performance. The strength of the model is that it expresses the coherence of internal HR policies and the importance of matching internal HR policies into the organizations external business strategy. What makes the model particularly attractive for many personnel practitioners is the fact that HRM assumes a more important position in the formulation of organisational policies. This model ultimately introduced the concept of strategic human resource management (SHRM) (Fig 2). A strategic orientation provides the framework within which a coherent approach can be developed to the creation and installation of HRM policies, system and practises or interventions. SHRM is concerned with those decisions which have a major and long-term effect on the employment and development of people in the organization a nd on the relationships which exist between its management and staff. It will highlight how the organization intends to manage its human resources. These intentions provide the basis for plans, developments and programmes for managing changeHendry and Pettigrew (1986) amplify this with the following use of planning a coherent approach to the design and management of personnel systems based on an employment policy and manpower strategy, and often underpinned by a philosophy matching HRM activities and policies to some explicit strategy seeing the people of the organisation as a strategic resource for achieving competitive advantage. Guest (1992) argues that such a coherent approach to human resource management policies can also lead, via the generic HRM outcomes of strategic integration, commitment, flexibility/adaptability of the workforce and quality (all necessary ingredients when developing a competitive edge), to the following benefits to the organisation which has adopted SHRMH igh job performanceHigh caper solving, change and innovationHigh cost-effectiveness andLow turnover, absence, grievances.Storey (1992) adds to this list attitude and behaviour changes amongst the workforce, resulting in highly desirable increases in competitive performance.Grant (1991) sums up a now-widely-held view that capabilities are the main source of a firms competitive advantage. SHRM aims to provide the framework within which these key characteristics can be fostered. In essence, SHRM requires a holistic approach, with not only an internal integration between HR practices/interventions(recruitment, selection, rewards mechanisms, appraisal performance management), but also an integration between those practices/interventions summarised in an HR strategy and the organisations strategy overall. Thinking holistically about HRM may lead to a greater degree of success simply because changes envisaged in one area of an organisation (e.g. structures) are more likely to work becau se all the knock-on effects of such a change have been considered (e.g. recruitment, selection and induction policies).Summarily, SHRM ensures that the culture, style and structure of the organisation, the quality, commitment and motivation of its employees, contribute fully to the achievement of business objectives.HR Strategic InterventionsBased on the model I am discussing on I shall opinion briefly at the practises/interventions recruitment/selection, rewards, human resource development but focus more on performance management.Selection This is one of the major practices carried out by any organization in ensuring the selection of the right people to join its workforce (IRS, 1999a). The selection(recruitment) process is concerned with identifying, attracting and choosing suitable people to brook an organisations human resource requirements. While recruitment is searching for and obtaining potential job candidates in sufficient numbers and quality so that the organisation can select the most appropriate people to fill its job need (Dowling and Schuler, 1990) selection is concerned more with predicting which candidates will make the most appropriate contribution to the organisation now and in the future (Hackett, 1991). There has been correlational entropy, Terpstra and Rozell (1993) supporting the conclusion that organisations using a wide variety of selection procedures (such as interviews, cognitive ability test, bio data and the evaluation of recruiting sources, etc) had higher(prenominal) levels of overall performance, annual profit, and growth in profit.Rewards Reward management is the process of developing and implementing strategies, policies and systems which help the organisation to achieve its objectives by obtaining and charge the people it needs and by increasing their motivation and commitment, Armstrong and Murlis (1991). It is also central to the effective management of the employment relationship. It is not just about money but also c oncerned with intrinsic as well as extrinsic motivation with non-financial, as well as financial rewards. This motivates and leads directly or indirectly to the satisfaction of many needs. It can act as an incentive to improve performance and as a way to recognise success in a highly tangible way.Human Resource Development Human resource development comprises the procedures and processes that purposely seek to provide instruction activities to enhance the skills, knowledge and capabilities of people, teams and the organisation so that there is a change in action to achieve the desired outcome. It incorporates traditional views of training and development but seeks to extend attention to breeding throughout an organisation as a strategy to cope with change. The idea of learning at work has become an obvious good thing, and this has led to growing interest in HRD as a profession and its theoretical development, although there are continuing debates about the meaning of HRD. There i s evidence to suggest that learning has an impact on an individuals earning power and employment prospects.PERFORMANCE MANAGEMENTPerformance management can be defined as a strategic and integrated approach to increasing the effectiveness of organisations by amend the performance of the people who work in them and by developing the capabilities of teams and individual contributors, and also can be seen as a continuous process involving reviews that focus on the future rather than the past . (Baron and Armstrong, 1998 38-39). Performance management, unlike the performance appraisal or annual evaluation process, is an ongoing assessment of employees in a manner geared to match their goals to the organizational goals. It also makes strong use of goal-setting and metrics to identify growth and areas of individual strengths.It is important to point out here that employees, as well as supervisory programs, are often confused by the differences between performance management systems and p erformance appraisals. Performance appraisals, also called Performance evaluations are tools used to measure the effectiveness of an employee most organizations conduct performance appraisals once a year during an annual evaluation process. A performance management system, however, is much more dynamic. It can use the performance evaluation tool but also incorporates other elements into the performance management cycle. The overall aim of PM is to establish a high performance culture in which individuals and teams take responsibility for the continuous improvement of business processes and for their own skills and contributions within a framework provided by effective leadership.History and Evolution of Performance Management and AppraisalPerformance management systems, in various forms, have been employed for nearly two millennia. In the third century AD, the Chinese were not only using performance appraisal systems but were critiquing each(prenominal) others biases in their evalu ations of their employees(Murphy and Cleveland, 1995 Evans, 2004). During the Industrial Revolution of the 18th century, factory managers became aware of the importance of their employees performance on their production outputs (Grote and Grote, 1996 Murphy and Cleveland, 1995). The development of the philosophy of performance evaluation systems in America has been attributed to such researchers and philosophers as Peter Drucker and Douglas McGregor, who developed ideas of management by objectives (MBOs) and employee motivation (Evans, 2004 Murphy and Cleveland, 1995). Spreigel reported in 1962 that by the early sixties more than 60% of American organizations had a performance appraisal system. The systems popularity stemmed from the Armys implementation of a performance management system for its officers (Murphy and Cleveland, 1995). Since then, researchers have continued to develop theories of how different performance evaluation methods can contribute to the success of the organ ization.Elements of Performance ManagementArmstrong (2006) identifies the five elements of performance management as agreement (of employee, unit, and organizational goals), measurement, feedback, confirmative reinforcement and dialogue (contingency management). These ensure that the performance management process is irrefutable, successful and a boost to employee improvement. Continued feedback and assessment is key to the performance management process as shown in the performance management cycle (Fig 3). There are four main elements of the planning portion of the performance management cycle business office creation and development, objective planning, assessment and development planning. The first step, role creation and development, is important because an employee must understand his or her role in the organization before the performance of that role can be fairly assessed. By first defining the employees goal, a supervisor can then align the employees objectives with the o rganizational goals. In performance management, employers provide continuous appraisal through feedback and re- coincidence of goals based on performance. Unlike the annual evaluation process, most performance management systems are designed to meet the changing needs of both the organization and the employee. The following are the aims of PM as expressed by a variety of organisations (source IRS, 2003)Empowering, motivating and honor employees to do their best. Armstrong World IndustriesFocusing employees task on the right things and doing them right. Aligning everyones individual goals to the goals of the organisation. Eli Lilly CoProactively managing and resourcing performance against agreed accountabilities and objectives. ICI PaintsThe process and behaviours by which managers manage the performance of their people to deliver a high-achieving organisation. Standard Chartered BankMaximising the potential of individuals and teams to benefit themselves and the organisation, focusi ng on achievement of their objectives. West Bromwich Building aubergeThe organizations that have chosen to use a performance management process have often done so because the annual evaluation process has failed to meet their appraisal needs. The constant communication loop of performance management enables organizations to meet both the goals of their organization and the development and feedback needs of their employees. In contrast, theannual evaluation process, which is ex post facto in nature, provides no formal fortune for employees to receive feedback about their performance, request development to increase their efficiency or ask for new goals during the year.Role entry and DevelopmentIn order for performance management to be effective, an employee must have a clear understanding of his or her organizational role and responsibilities. Armstrong says that the role profile defines the role in terms of the key results expected, what role holders are expected to know and be able to do and how they are expected to carry on in terms of behavioural competencies and upholding the organizations core values. Defining the core competencies for each employee is one step in effective goal creation because it allows the supervisor to promulgate personalized feedback.Effective and SMART Objectives CreationThere are many different kinds of objectives in an organization. Armstrong identifies that effective objective-setting results in an agreement on what the role holder (employee) has to achieve and is an important part of the performance management processes of defining and managing expectations and forms the point of reference for performance reviews. He also identifies the following types of objectives1. ongoing role or work objectives based on the job description2. targets quantifiable goals that should be met3. tasks/projects specified results or product4. behavioural expectations outlines desirable and undesirable behaviours5. values outlines the values of the organization6. performance improvement areas that need improvement7. developmental/learning provide specific areas to meet improvement needsLuecke (2006) notes that effective objectives are acknowledge as important, clearly written in specific terms, measurable and framed in time, aligned with organizational strategy, achievable but challenging and supported by appropriate rewards. Armstrong provides the SMART mnemonic, to help set effective objectivesS = specific/stretchingM = measurableA = achievable/achievableR = applicableT = time framedThe creation of appropriate, measurable objectives is key to the performance management process they provide a framework for assessment and, without them, the performance management system would fail.Assessment of Goal AchievementAfter defining roles and setting goals, the manager and the employee must determine whether the employee had been successful during the assessment period. If the goals are SMART, then assessing the employees perfo rmance will be simple if the employee met the specific goal within the time frame designated, then the assessment would be a positive one. The most important aspect of the assessment is the performance review. There are many ways to conduct performance reviews. Some organizations conduct reviews at certain intervals throughout theyear others create a timeline based on the goals developed.Many organizations have employees conduct a self-evaluation prior to the evaluation conflict Aguinis (2007) identifies that self-appraisals can reduce employees defensiveness during an appraisal meeting and increase employee satisfaction with the performance management system, as well as enhance perceptions of accuracy and fairness and therefore acceptance of the system.Both employees and employers have historically disliked the performance review process. Armstrong reports that most appraisals have existed in a vacuum, with little or no relation to the workplace employees have resented the superf icial nature with which appraisals have been conducted by managers who lack the skills required, tend to be biased and are simply going through the motions. In order to have a productive, positive performance review, Aguinis identifies six recommended steps1. Identify what the employee has done well and poorly by citing specific positive and negative behaviours.2. Solicit feedback from your employee about these behaviours. Listen for reactions and explanations.3. treat the implications of changing, or not changing, the behaviours. Positive feedback is best, but an employee must be made aware of what will happen if any poor performance continues.4. Explain to the employee how skills used in past achievements can help him overcome any current performance problems.5. Agree on an action plan. Encourage the employee to invest in improving his performance6. Set up a meeting to follow up and agree on the behaviours, actions, and attitudes to be evaluated.After creating goals and assessing progress, the employee and employer have identified areas that can be improved the action plan for this improvement is called development planning. Thisdevelopment plan ensures that employees will continue to meet the needs of the organization through the identification of their weaknesses and the opportunity to address them through workshops, classes, and other educational channels. quantifiable and qualitative advantagesThe literature findings suggest that the introduction of SPM has a positive impact in terms of revenues, sales and net profit. Various studies (Malina and Selto, 2001 Sim and Koh, 2001 Braam and Nijssen, 2004 Neely HYPERLINK idb49et al.HYPERLINK idb49, 2004) identified that organizations implementing and using SPM systems were able to achieve an increase in revenue, an increase in profit, a reduction in costs, and a higher ROA. These studies also indicate that organizations that initially used an SPM system suffered decreased results when they reverted, for whate ver reason, to traditional measurement systems. Other studies (Kald and Nilsson, 2000 Sim and Koh, 2001 Neely HYPERLINK idb49et al.HYPERLINK idb49, 2004) showed that organizations using an SPM system experienced a numberless of qualitative benefits, such as improvement in internal communication of the strategy, closer collaboration and better knowledge sharing and information exchange between organizational units, strengthened focus on what is important for the business, more focus on the achievement of results, higher quality of performance information, better strategic alignment of organizational units, higher operational efficiency, improvement of management quality, better understanding by people of the organizational strategy, higher commitment of personnel to the organization, more lucidity of people of their contribution towards achievement of the strategy and organizational goals, higher innovativeness, better achievement of organizational goals, more pro-activity, more cl arity for people about their roles and goals, more effective management control, higher employee satisfaction, stronger process orientation, strengthened reputation of the organization as a quality firm, and a better strategic planning process.Quantitative and qualitative disadvantagesLiterature findings also show that PM systems are not without disadvantages. Various studies (Kald and Nilsson, 2000 Sim and Koh, 2001 IOMA, Business Intelligence at Work, 2005 Neely HYPERLINK idb49et al.HYPERLINK idb49, 2004) stated that organizations experienced disadvantages after the implementation and subsequent use of SPM but only in non-financial performance terms, no quantitative disadvantages were found in the literature. Disadvantages reported aretoo many performance indicatorsnot enough strategic information in the systemtoo much internal competitiontoo expensive and too bureaucraticperformance indicators too subjective and therefore unreliableperformance information too aggregatedtoo much f inancial information andtoo much historical information.Because of these incredibly negative effects that an improperly conducted performance management system can have on an organization, the system must be implemented thoughtfully and executed consistently.ConclusionPerformance management, unlike traditional annual evaluation, provides employees with feedback throughout the year. The system allows constant re-evaluation of goals, progress and performance. This process requires more interaction between the supervisor and supervisee and encourages the professional development of the employee to meet the organizations changing needs. While this more dynamic evaluation process is time-consuming, the increasedproductivity levels resulting from performance management have turn up to be valuable to many organizations. Lord Kelvin once saidWhen you can measure what you are speaking about, and express it in numbers, you will know something about it otherwise your knowledge is of a meagre and unsatisfactory kind it may be the beginning of knowledge, but you have scarcely in thought locomote to the stage of science (cited in Fisher, 1990). So I believe that performance management (which also details performance measurement) is a very vital HRM strategic intervention.

Tuesday, June 4, 2019

Old common law rule

Old common law ruleIntroductionThe honest-to-god common law rule of The demise of nemo dat quod non habet that a person cannot convey a greater surname than that person already has and a person holding a licence cannot convey the superior title of a lease. This old comman law rule had been followed for many years, until the House of Lords determination in Bruton. The House of Lords in Bruton held that mortal with no interest in demean can deal out a lease provided that the exclusive possession is give in the agreement. I will explicate and critically evaluate the House of Lords decision in the followings. House of Lords DecisionThe House of Lords took the opposite view with the Court of Appeal and held that the agreement mingled with the verify and Mr.Bruton was a lease. I will explain the decision below.Applying road v MountfordThe House of Lord decision in road had been strictly applied.1 correspond to Street, the agreement between the authority and Mr.Bruton could be a lease/ occupation if the three elements of 1) exclusive possession 2) term and 3) rent are satisfied. The agreement permitted Mr.Bruton to occupy a flat in the block on a short-term basis for a weekly sum of ?18. The elements of term and rent are thus satisfied.Whether Bruton had exclusive possessionWhether the requirement in Street can be satisfied depends on whether Mr.Bruton had exclusive possession. Although the agreement expressively referred it as a licence, it is irrelevant. Lord Hoffmann said that the language used, such as licence, is irrelevant. It is the authorized construction that identifies it as a lease.2Exclusive possession is a question of law that depends on the characteristic of the terms agreed. Lord Hoffmann said that the Trust simply gave Mr.Bruton a cover to exclusive possession and there was no suggestion on shared possession.3Effect of the arriere pensee clauseAlthough the Trust reserved circumscribed right of entry for the purpose of inspection an d repair, still exclusive possession was given to Mr. Bruton. Lord Hoffmann used the case of Westminster City Council 1992 as reference .In Westminster City, the nevertheless rights which it reserved were for itself and the council to enter at certain times for limited purposes. He further relied on the judgment of Lord Templeman in Street, and deduced that such an express reservation only further reinforced the entitlement of Mr. Bruton to exclusive possession.4Special Circumstances Charitable objectiveCould the good-hearted objective and the lack of interest in land of the Trust be considered to be special circumstances? Lord Hoffmann stated that the character of the landlord is irrelevant. He said that Although the Rent Acts and other Landlord and Tenant Acts do make distinctions between different kinds of landlords, it is not by saying that what would be a moving in if apt(p) by one landlord will be something else if granted by another.5 Therefore, the charitable objective of the Trust did not constitute to a special circumstance.Could a landlord with no interest in land grant a lease/ occupancyThe general rule is that if the landlord has no interest in land, he is in lack of capacity to grant a lease.The House of Lords relied on Family Housing tie-up to justify that there was no special circumstance existed for making an exception to the principle in Street. The House of Lord considered that Family Housing Association v. Jones was wrongly noble in the Court of Appeal. Lord Hoffmann regarded the fact in this case was very homogeneous to that in Bruton. The crucial element is that in Family Housing Association, the grantor substantiate no legal title, nonetheless, Slade L.J. concluded that the grantor have no legal title was not constitute an exception to the principle in Street. Therefore, the Housing Trust could grant Bruton a moving in despite that the Trust had no interest in land.Tenancy by EstoppelMillettL.J. in the Court of Appeal said tha t an agreement could not be a lease unless it created a legal estate in the land which binds the whole world. He said that the only exception in this case that the grantor could grant a lease was by tenancy by estoppel.Lord Hoffmann thought that MilletL.J. was misled by the term of tenancy by estoppel that an agreement which could not otherwise be a lease or tenancy yet which was treated as being one by virtue of an estoppel.6 Lord Hoffmann and Lord Hobhouse thought that tenancy by estoppel was not a correct analysis. In this case, estoppel arises from the agreement, not the other way round.Critical EvaluationContrary to the intention of legislation/ ParliamentAccording to section 32(3) of the Housing Act 1985, the Council had no power to grant the Housing Trust a tenancy. Therefore the intention of the legislation was that the assertion could only have the capacity to grant licence to homeless people on a evanescent basis. The House of Lords decision totally ignored the intentio n of the legislation. The duty of a Judge is not to make law, but to interpret the intention of the Parliament. In this case, I think that the intention of the Parliament in section 32(3) is to provide temporary accommodation for homeless people through the Housing Trust by granting licence. The intention of Parliament should be supreme and should be strictly followed by the Judges.Street v Mountford should be distinguishedAlthough the agreement expressly stated that it is in the form of a licence. The House of Lords still found that the agreement was a tenancy because the agreement grants exclusive possession to Mr.Bruton.Charitable objective of the Trust should be constituted as a special circumstance that constructs the agreement as a licence despite the rule in Street. Lord Hoffmann regarded that the charitable objective of the Trust is irrelevant and there was no distinction among other landlords. Again, Lord Hoffmann did not follow the intention of the Legislation/ Parliament. The Rent Acts and other Landlord and Tenant Acts do make distinctions between different kinds of landlords. In my opinion, the characteristic of charity does prohibit the Trust from granting a tenancy, since providing a temporary accommodation for people in need required a high degree of flexibility. Therefore a charitable trust should only grant licence rather than tenancy. The decision in Street should be distinguished due to these special circumstances.No exclusive possessionI think that exclusivity of possession should be judged in an objective basis. All the terms in the agreement and the intention of the parties should be taken into account. Therefore the reservation clause should be interpreted objectively. As it was an express clause, there was strong evidence showing that the Trust intended not to give exclusive possession to Mr. Bruton. Moreover, with the right of entry is reserved by the Trust, it could hardly be concluded that exclusive possession was given to Mr. Bruto n.FloodgateAfter Bruton, a new type of tenancy called personal tenancy is created. In Bruton, the grantor with no interest in land can still grant a lease. This decision totally departed from the old rule that a person holding a licence cannot convey a lease. After Bruton, Kay v Lambeth 2004 and capital of the United Kingdom Borough of Islington v Green and OShea 2005 both substantiate that a personal tenancy could be granted by someone with no interest in land. 7The nature of personal tenancy seems to be similar to that of a contractual licence. Unfortunately, the House of Lords did not distinguish personal tenancy from contractual licence. The result would be potentially dangerous since a licence granted by the landlord maybe eventually interpreted as a personal tenancy by court according to Bruton. A floodgate situation would be resulted, since every licensee would argue that a personal tenancy should be granted instead of a licence.RegistrationThe personal tenancy creates no in terest in land and the nature of a personal tenancy is similar to that of a contractual licence. A contracts or leases (but not oral lease) are registrable under LRO s.2 but a contractual licence is not registrable under L.R.O, s. 2.. Therefore it is doubtful whether a personal tenancy created in Bruton is registrable.ConclusionAfter the above analysis, I do not think that the decision of the House of Lord in Bruton is a good decision. It created un inference in whether someone with no interest in land can grant a lease or not. Although in Bruton, and the latter case of Kay 2004 and Green 2005 confirmed that a grantor with no interest in land can grant a personal tenancy. But the old common law rule of The demise of nemo dat quod non habet still needed to be considered. And Lord Hoffmann did not give a concrete reason on not applying the old common law rule.It also blurred the requirement of refreshing an exclusive possession. In Bruton, the tenant of the personal tenancy has enfor ceable rights against the landlord and against strangers,8 except the original grantor (the council), which has a superior title.9 As the tenant cannot enforce his right against someone who has the superior title, the element of exclusive possession in the personal tenancy is in doubt. The House of Lords created an uncertainty in determining whether exclusive possession had been given in the assignment.Lastly, certainty in law and the intention of the Parliament should be strictly observed. And the decision of the House of Lord in Bruton disrupted the legal certainty and contravened the intention of Parliament. Therefore, it cannot be a correct decision.Per Lord Templeman in Street v Mountford, supra at p.818Per Lord Hoffmann in Bruton v London quadrant Housing Trust, supra at p.413Per Lord Hoffmann in Bruton v London Quadrant Housing Trust, supra at p.414Per Lord Hoffmann in Bruton v London Quadrant Housing Trust, supra at p.414Per Lord Hoffmann in Bruton v London Quadrant Hou sing Trust, supra at p.414Per Lord Hoffmann in Bruton v London Quadrant Housing Trust, supra at p.414Mark Pawlowski, James Brown, Case Comment Bruton A new species of tenancy?, Landlord Tenant Review 2000M. Harwood, rental Are They Still not Really Real? (2000) 20 Legal Studies 503 at p.513John-Paul Hinojosa, On lieu, Lease, Licences, Horses and Carts Revising Bruton v London Quadrant Housing Trust, Conveyancer and Property Lawyer 2005

Monday, June 3, 2019

Historical Background Of Lokoja Environmental Sciences Essay

Historical Background Of Lokoja Environmental Sciences EssayIf a legal foot has life, it is delivered when an urge for humanity discipline begins to over arrive at events SALVATORE .J.NATOLI. squ ar off was born out of such a concern for the unplanned and undisciplined growth of cities, district has croak close to as ubiquitous as cities themselves.Over succession, and by means of past prudent gain planning decisions, thats the topographic organization of the campus has influenced the location of various campus functions. though the sectors be interrelated, each has uncomparable characteristics and detail planning priorities. A successful university campus embraces the physical context in which it resides, understands the various forces that shape its edges and mould its core, and incorporates lodge histrionics and constituencies into its planning processes. Land commit regulate for institutions has been seen in the past to foster successful interactions with all who aim it and simultaneously convey unity in its optical appearance with a sense of adventure and discovery. University should be cohesive in its organization period remaining open and inviting at its perimeter. By regulate, the surround communicates the splendor of university in our society through its unique sense of place and academic traditions and provides the critical continuity between the past and future. University should convey a sense of dignity while celebrating the nobleness of its conception. In supporting the basic missions of the university and providing a variety of venues for numerous events and otherwise activities, the distinctive qualities of the physical environment are meant to provide an atmosphere contri all whenive to intellectual discovery and interaction as well funk as repose and contemplation.A well planned campus should promote curiosity, discovery, and inspiration. The interest for this piece of work is to balance the necessitate of federal official University Lokoja. Studies have shown that the initial visual impression of a campus has nonable influence on prospective students when making decisions about attending a university. Perceptions of the campus environment depend on the qualities of the landscape, buildings, and the spaces between them. The research study intends to look on how land function zone contri onlye in providing mechanism for the coherency of purpose and direction, which pass on go forth into an efficient, safe, and visually attractive campus environment with a view to convey and celebrate a sense of arrival for members of the campus community as well as for visitors. The role of land enjoyment zoning in improving the qualities of the physical environment of an institution, as a unity of visual character, a unique sense of place, and the activities that are encompassed on the main campus, which will provide an exceptional asset to the city, the region, and Nigeria as a whole.The contribution o f higher education institutions to regional suppuration is a theme which has attracted increasing attention in recent years. Currently, it is transmited that the role of the institutions is not only to conduct education and research, but also manoeuvre an active role in the discipline of their economic, social and cultural surroundings. In view of this, land use zoning for Federal University Lokoja permanent rate backnot be compromised.This study attempt to make a proposal of land use zoning of permanent site of the Federal University Lokoja using map produce with the use of geographical information system and computer aided design to harmonize the activities of land use in the institution in order to mitigate the spillover substance of the existing land uses in the surrounding environment.1.2 Statement of problemsAs population and human aspirations increase, land use zoning for institutional uses is seen as an important lance to mitigate the negative effects of land use and to alternate the efficient use of resource with minimal encounter on future generations.An effective zoning system promotes the future of physical development of a University which makes it to be sympathetic and respectful of the residents, business establishments, and other interests that surround it. Due to the dire urge for a rapid development, the Kogi State Government through the Ministry of Environment and Physical Development now Ministry of Lands, Housing and Urban Development empowered the Ministry to embark on the zeal of various Layout plans and Planning Scheme. This is to address critical planning issues in Lokoja, like housing yield for both private and public use or acquisition, readying of office accommodations, through the identification of land surface range that are most suitable for such needs. Hence the resultant Layout plan and planning schemes spread across the metropolis.However, some of the planning schemes have either been distorted or abandoned du e to the fact that most of the basic infrastructural facilities such as routes, drainages, electricity supply e.t.c within these schemes are left unaddressed.Due to the rapid urban growth of the town, there are many un-planned rural-urban fringe within Lokoja. This un-controlled land use has resulted in illegal construction of houses and construction on drainage channels and other line of businesss not fit for residential construction. This is common in places like Felele, Adankolo and SarikinNoma areas among others. The stress fuck be displayed on the traffic congestion usually along the Okene-Abuja Express road this congestion is associated with the already existing Kogi State Polytechnic and Lokoja International Market. The road over the years has become too narrow, with no space enough for cars to pull off theroad (i.e., park) and the space for pedestrian (walk way) is almost disappearing. This congestion is further compounded when luxurious buses and tankers travel through t he roads which also house the permanent site of the Federal University.Noise pollution is a major grammatical constituent in the study area due to the quarry activities carried out along the Crusher closure by the Gitto Construction Company. They create a lot of negative impact on the environment due to the effect of blasting of rock by the Company. Disturbance in various forms is associated with this regularize and makes the environment unfriendly.As a result of the impact highlighted above, these bitch for concern in order to mitigate the spillover effect of the land uses associated with the surrounding environment of the institution.1.3 Aim and ObjectivesAimThe aim of this study is to take aim a proposed land use zoning plan for Federal University Lokoja permanent site in order to mitigate the spillover effect of the existing land uses.ObjectivesThe objectives of the study allow the following,To ensure that the proposed land use zoning fit in with existing situation of the site and the surrounding environment.Make provision for future development that will key in into the aim and objectives of establishing the institution.Integrating the four categories of land uses relating to an institution (the civic administrative core, the academic zone, the student residential zone and the faculty residential zone) to be functionally efficient and logically organized in accommodating a variety of needs and users.Make recommendation that will enhance the functionality of the institution regarding to the proposed land use zoning.1.4 Scope of studyThe scope of this project is to prepare a proposed land use zoning for Federal University Lokoja permanent site, determined along Okene-Abuja Road Felele covering the entire area and integrating the four categories of land uses relating to an institution (the civic administrative core, the academic zone, the student residential zone and the staff residential zone).In order to make recommendation that is aimed at improvi ng the growth and development of the institution, the study shall be limited to the permanent site of Federal university of Lokoja which falls within 16km radius of Lokoja with a total land area of 798.52 Hectares.1.5 Justification at that place are substantial reasons why this research is justifiable, the point of call is to serve as a guideline to those involved directly or indirectly with the development of campus. The institution being new-sprung(prenominal)ly established, different proposals will spring up as to what the institution would look like in terms of planning. In view of this, a proposed land use plan for the permanent site of the university will go a long way in guiding the institution as to what kind of land use zoning pattern in terms of planning the institution would like, broaden their horizon as to what facilities and services, is suitable for a particular area and what are the prospect of sitting it there.This research will go a long way in addressing issues regarding to land use zoning for institutions, due to the fact that most institution are usually face up with following zoning problems that includes, what type of land use zoning is required, is it adequate to address the requirement, is there a system for land use zoning, is it aimed at step-down risk while accommodating future growth and what is the institutional mechanism for implementation of zoning.1.6 The study area1.6.1 Historical background of LokojaLokoja is one of the ancient towns in Nigeria. The town assumed metropolitan location from pre-independence days, harboring many Nigeria pagan groups. It is both the administrative and commercial capital of Kogi state, the most centrally located state in Country. The state is located between Latitude 70 47 N and Longitude 60 46E.Wth an annual growth rate of 2.5% raised the population by 1996 to 49,258.The pilot light settlers of Lokoja were the Bassa-Nge arriving in 1831 and followed by the Oworos in 1970, Akamisoko (2002). Since then, different ethnic groups have peopled the town. The present Lokoja comprises of, in addition to the Bassa-Nges and Oworos, the EgbirraKoton, Hausa and several Nupe language groups, Kakanda, Kupa and Egan. Other Nigerian ethnic groups found in Lokoja include Yoruba, Igbo, Tiv and Igala as well as, many slave aborigines of Sierra Leone origin (being a former slave depot) Alaci (2009), Lokoja is therefore cosmopolitan in nature.The socio-political prominence of Lokoja dates back to the 18th century British exploration, culminating in the arrival of Williams Balfour Balkie to the Lokoja in 1860. Lokoja has since been an important commercial settlement which compose of liberated Africans, immigrant settlers and indigenous populations who were advance to move down the top of mount Patti, thus Lokoja was transformed from a transit trading point to a viable commercial center for European firms in the early 1860s.The ancient town was originally ceded in 1841 to the British by th e Attah King of Igala and was selected to be the outset British Consulate in the interior (1860-1869) and subsequently, theMilitary home for Sir George Goldies Royal Niger Company (1886-1900). With this status, the town witnessed an upsurge of diverse ethnic groups who settled in Lokoja to exploit the benefits acquired from European activities. Lokoja therefore, became a melting pot for a battle array of diverse ethnic groups.Lokojas fame however, began to decline in 1904 when its military headquarters status was moved to Zungeru, which was further north but was restored when Lokoja became capital of the British Northern associated state and remained a convenient administrative town for the British colonial government after the amalgamation of Northern and mhoern protectorate into one nation called Nigeria in 1914. The first Governor General, Lord Frederick Lugard therefore ruled the new nation of Nigeria from Lokoja.Formerly the capital of Kabba province, it was later a Divisi onal and Local Government Headquarter in Kwara State. Lokoja remained part of Kwara State up to 1991. During these periods several layout plans were prepared to suit Lokojas status and most of these plans were known as Town planning Schemes (TPS) or layout plans (LP).Preparation of the schemes was centered on areas known as Government Reserved Area (GRA), where most top government officials and Europeans lived.By the 27th of August 1991, the status of Lokoja was boosted when new states were created and Lokoja became the capital of the new Kogi state. This necessitated the enacting of an edict declaring Lokoja Metropolitan Area this was put at 16km radius around the town centre marked by the General post office as the centre of the radius.CUsersbilyyPicturesloja.PNG soma 1.1 lay out OF NIGERIA SHOWING KOGI STATE (source internet)CUsersbilyyPicturesloja2.PNGFIG 12 MAP OF KOGI STATE SHOWING LOKOJA L/ regimen (source internet)1.6.2 Geography of LokojaClimate The site has a tropical cli mate that comprises of two season namely dry and wet seasons. The wet seasons starts from the month of April and ends in October, while the dry season starts from November and continues till March. The two seasons are affected by the south-westerly winds coming from the Atlantic Ocean and north-easterly winds which come from the Sahara resign.Another weather phenomenon (micro climate) is associated with the presence of inselbergs. This stimulate exerts an influence on local weather greater than their size.Wind Dust Two major air masses dominate the climate of the study area. These are the tropic Maritime air mass and the Tropical continental air mass. The Tropical Maritime is formed over the Atlantic Ocean to the South of the field and is therefore warm and moist. It moves inland generally in a South-West to North-East direction. The Tropical Continental air mass is developed over the Sahara Desert and is therefore warm and dry and blows in the opposite direction, (north-east t o south-west). The oscillation between these two air masses produces high seasonal characteristics of weather conditions in the country. The Tropical Continental air mass is associated with the dry season and the Tropical Maritime air mass creates wet season.Rainfalls There are two seasons, dry and wet the dry season lasts between October and April in each year while the wet season lasts between May and September. The annual total rainfall ranges between 1000 mm and 1500 mm while the mean annual humidity is about 70%.Humidity and Temperature The highest temperatures in the study area always tend to occur at the end of the dry season close to the spring equinox. Thus March has the highest temperature of about 34.5o C , while the lowest temperature occur in the middle of the dry season in December/January, when outgoing radiation is encouraged by low humidity, clear skies and longer nights. The temperature at this time falls as low as 22.8o C.In the dry season there is a decrease in relative humidity from south to north in the study area start outd by the higher elevation in the north. In the rainy season, this variation disappears and associated with the high relative humidity is an spacious cloud cover over the region.Geology The geology are dominated largely by rocks of basement complex which consists of the alter assemblage of coarse grained porphynitic granites, dissected by pegamateric dykes and reins, iolite-horn which has undergone varied degrees of metamorphosis.Vegetation The vegetation of the study area falls within the Guinea Savanna belt of Nigeria. This vegetation type has many variants, affecting both the floristic regeneration and the structural appearance of the plant communities. Equally, there are several Forest Reserves in the study area and some of the notable economic trees that can be found in the reserves include Iroko, Mahogany and Obeche. Human activities have however altered drastically the natural vegetation especially in the ce ntral zone where urbanization and mining activities predominate. Since Lokoja became an administrative headquarters of Kogi state in 1991, it has been experiencing an explosive population increase which had also led to expansion with significant changes in its physical landscape-land use cover types over the years. The built-up area, vacant land, cultivated land and other land use types increased in the study area at the expense of vegetation cover. For example in 1987, the vegetal cover was about 42.21km2 and by 2005, it had reduced to 8.41km2. (Alaci and Amujabi).Soil The soil within the study area is mostly loamy having composition of silt, sand and clay. The surrounding hilly area like Mount Patti is composed of igneous and metamorphic rocks belonging to the basement complex. pop of this majority is composed of mica-schist gneisses and Meta sediments. Weathering of these materials from the plateau gives them a thin soil cover that is being washed down by erosion to give medium aggregates especially desired by the building/ construction industries.Topography The dominant physical features of the study area in the western axis are largely mountains coupled with a number of intermittent valleys and rivers crossing the breadth of the subject area. Mount Patti which is the highest point has a height of about 458 meters above sea level and gently reduces in height till it reaches river Niger at the height of 45 meters above sealevel. On the other hand, the territory on the East of river Niger is relatively flat but perforated by the presence of low leveled rocks and tributary rivers to rivers Niger and Benue.1.6.3 Hi storey of Federal University Lokoja (FUL) Federal university Lokoja was established along with other eight new Federal Universities on the 16th of February, 2011 following a pronouncement by President Goodluck Ebele Jonathan to cater for the increasing demand in the Educational sector. Soon afterwards, a vice chancellor and Registrar in the person s of Professor Abdulmumini Hassan Rafindadi and Mrs. HabibaAnavozaAdeiza were appointed. The university is sited at Lokoja, the capital city of Kogi State of Nigeria, in the North central political zone. The motto of the university sic itur ad astra, this Latin phrase means THE SKY IS THE LIMIT.The University presently have two faculties running, Faculty of Arts and Social Sciences with five degree awarding courses Economics, English and Literary Studies, Geography, History, and political Science and Faculty of sciences with six degree awarding courses Biological Sciences, Chemistry, Computer Science, Geology, Mathematics and Physics, with a total of 443 students for the first matriculation for 2012/2013 academic session first with 185 staff. Presently the total staff strength of the University is hard to define due to the series of interview still going on for consumption at different levels. With the temporary site located within Lokoja city centre at Adankolo and the permanent site recently allocated along Okene- Abuja Road Felele.CUsersbilyyDocumentshope.jpgFIG 13 GOOGLE EARTH IMAGE SHOWING PERMANENT SITE(FUL) , EXISTING LAND USE AND RELIEF FEATURESCUsersbilyyPictureshi.PNGFIG 14 DIGITIZED MAP OF LOKOJA SHOWING THE LOCATION OF PERMANENT SITE (FUL) Definition of TermsSpillover Seen as the side effect of existing land uses of an area.Effect A changed state occurring as a direct of action by somebody or something else.(FUL) Federal University of Lokoja.CHAPTER TWO2.0 REVIEW OF LITERATURE2.1 INTRODUCTIONThis chapter reviews some of the recent literature on land use zoning for institutional uses with particular attention to the ways in which it has contributed to the development of institutional vision and transformation. This chapter will be organized as follow, the conceptual framework while the second will talk about literature review.2.2.0 THEORETICAL FRAMEWORK2.2.1 euclidean ZoningThe term Euclidean Zoningrefers to the conventional mechanism of applyin g different regulations to parcels of land by creating districts that segregate land into various classes of uses such as residential, commercial, and industrial. A zoning ordinance based on Euclidean Zoning specifies for each class of uses, called zoning districts, activities permitted as a use by right and those activities permitted conditionally by obtaining a special use permit from the local government. Typically, in a residential district only single or multi-family residences are allowed as a use by right, whereas only retail and office uses are allowed in a commercial district.Euclidean Zoning is a nickname derived from the 1926 U.S. Supreme Court decision inVillage of Euclid (Ohio) v. Ambler Realty Co., 272 U.S. 365 (1926), which affirmed the validity of comprehensive zoning. Thus, the term refers to the city where a challenge to the legality of zoning first resulted in the affirmation of zoning as a valid police power of local government.Euclidean zoning, like all forms of zoning, runs with the land, not the owner. That means when a property is sold the zoning of the property does not change. The new owner is subject to the same class of allowable uses for the property as the previous owner. Any special conditions, such as variances or special use permits, still apply and the new owner does not need to get reauthorization for the use.A Euclidean zoning ordinance is comprised of a zoning map and a schedule of regulations in text form. The zoning map depicts the zoning district that applies to each parcel of land in the community. The specific regulations that apply to a particular zoning district are then explained in the text of the zoning ordinance. Under Euclidean zoning, the use of private land is the activity that is principally regulated, followed by the regulation of the density of structural development, and the dimensions or bulk of buildings on lots. Specific regulations typically found in a Euclidean zoning ordinance include the use of the property, stripped parcel size, minimum size of structures on the property, level best height of structures, minimum setback of structures from property lines, and maximum lot coverage of structures, among others.Euclidean zoningregulates development through land use classifications and dimensional standards. Typical land use classifications are single-family residential, multi-family residential, commercial, institutional, industrial and recreational. distributively land use must comply with dimensional standards that regulate the height, bulk and area of structures. These dimensional standards typically take the form of setbacks, side yards, height limits, minimum lot sizes, and lot coverage limits. The traditional planning goals associated withEuclidean zoningare providing for orderly growth, preventing overcrowding of land and people, alleviating congestion, and separating incompatible uses (such as insuring that a noisy mill cannot be built near a residential neighborhood). 2.2.2 achievement Zoning act zoning uses implementation standards to regulate development. Performance standards are zoning controls that regulate the effects or impacts of a proposed development or activity on the community, instead of separating uses into various zones. The standards often relate to a sites development capability. In country areas, for example, performance zoning could be used to limit development on prime agricultural soils and allow development on lower pure tone soils. Performance zoning is closely tied to the planning process because the local government must identify planning goals and then write regulations that specifically achieve those goals. Performance zoning is often used in industrial zoning to control impacts such as noise, odors, smoke, and other side effects from industrial activity.Performance zoning is an alternative to traditional land use zoning. Whereas traditional land use zoningspecifies what usesland can be put to within specified distr icts, performance zoningspecifies the intensityof land use that is acceptable. In other words, it deals not with the use of a parcel, but the performance of a parcel and how it impacts surrounding areas.A key goal of zoning codes is to limit conflicting and incompatible uses. TraditionalEuclidean zoningdoes this by regulating land use and bulk.Performance zoning, however, regulates the effectsor impact of land uses through performance standards. Performance standards usually concern traffic flow, density, noise and access to light and air. Developers can build almost any building that meets the performance standards for that district. Therefore,performance zoningallows for a great deal of flexibility. This level of flexibility makes it a very useful tool.2.2.3 THE RELEVANCE OF THE THEORIES TO THIS conveyLooking at the potential spillover effect of the adjacent land uses with the existing opposite uses of Federal University Lokoja, such conflicts need to be remedied or minimized thr ough land use zoning. These theories provide guidelines in mitigating the effect of traffic and other external effects such as noise associated with the surrounding of the campus through the use of standards to ensure adequate Landscaping, buffering, and screening to minimize the negative effects.2.2.4 Advantages of the theoryProtect and preserve natural features in the environment by evaluating the directly the impact.Promote public health and safety.Manage traffic.Provide for more orderly development and density.2.3.0 LITERATURE REVIEW2.3.1 Spillover effect and the Environmental Quality of an institutionExternalities Spillover effects of land use for which initiator is not held accountable (traffic congestion run off smoke, gases, and particle emissions noise urban sprawl disorderly extension of urban infrastructure) (Katherine Mau, Real estate of the realm principle, chapter 5).Advocates of environmental protection express exasperation with local decisions that permit developmen ts whose adverse effects spillover to the rest of the region (Reilly, 1973). This gives rise to at least two issues. The first has it that competition among municipalities for commercial and industrial property will create a race to the bottom in environmental quality, causing the environment of both the community and its region to be degraded. The second issue concerns itself with relations between the community and its immediate neighbors. It is commonly asserted that communities pursue a beggar thy neighbor insurance by zoning land on municipal borders for such unlovely uses as landfills, shopping centers, sewage plants and industrial parks. Because such policies may invite retaliation, the story goes beggar they neighbor also reduces the quality of the regional environment. I shall treat them in reverse order. The ratio of evidence to assertion of the beggar-thy-neighbor idea is remarkably small. cloaca plants are, by casual observation, often close to municipal borders, but th at is most likely because water runs downhill. The least costly place to put such a plant is at the lowest point in the community, and that is often the point at which a river leaves the jurisdiction and enters another. (As I tell my undergraduates, if it were practicable to require municipalities to take in drinking water downstream and release sewage in the same river upstream, each community would have the optimal incentives to treat its sewage. For less fanciful, case law approaches to disputes among municipal neighbors, see Ellickson, 1979.) But it is worth unpacking this proposition because of the light it may shed on intercommunity relations and their consequences for environmental issues. Imposing unilateral costs on ones immediate, permanent neighbors is perhaps one of the least profitable activities in the world, as any homeowner knows. The reason is that one has to live for a long time with such neighbors and, over the long run there will be many opportunities for the ne ighbor to retaliate. The retaliation at the municipal level could be uncomplimentary treatment along other borders, but it more likely would be lack of cooperation in other inters municipal activities. They include mutual aid agreements for depose and police protection, cooperation for specialized school programs and coordination of regional development activities. This does not mean that all inter municipal spillover will be internalized by a self-interested life history of neighborliness. But self-neighborliness is observed often enough in other activities that it would be strange to rule it completely out in the municipal land-use context. Where one would expect it not to succeed is when the costs can be imposed on a highly diffuse and remote group of communities. Upper-atmosphere and large-river pollution would not of necessity rise to being an affront to ones immediate neighbors. But hardly anyone disputes the idea that such spillovers require the attention of larger-area g overnments, and that most of the controls should be aimed at the activity that gives rise to the pollution, not the specific location of the polluter. The race to the bottom claim is a more common and more important criticism of local land-use autonomy (Esty, 1997). There is little doubt, as an empirical matter, that municipalities do seek to have commerce and industry located within their borders in order to promote local employment and improve the local tax base (usually property taxes). Because many communities do so, it is likely that some of the competition takes the form of relaxed environmental standards, if one understands such standards to include all conceivable infringements on residential comforts. Much of the criticism of this process comes from those who at least assert that any public sacrifice of environmental quality in exchange for other goods is unacceptable. It is generally agreed that some forms of exchange are desirable and that the presumption of a catastroph ic race to an environmental Armageddon is not warranted (Oates and Schwab, 1988 Revesz, 1992). But less extreme criticisms of regulatory federalism are possible. The more plausible anxieties focus on failures of the local political process to value the forgo amenities (Esty, 1997). Within the homeowner-dominated community, one would expect that amenities would be capitalized in the value of homes. Lower property taxes (or other ongoing fiscal benefits from firms) increase their home values, but the disamenities of firms that pay the extra taxes would tend to lower them. Several theories hold that this trade-off provides efficient incentives in the homogenous homeowner community in which the median voter prevails (Fischel, 1975 Fox, 1978). The implication of this view is, incidentally, that most property rich communities have in fact paid for the fiscal benefits of an industrial tax base in foregone amenities the larger tax base is not a windfall. This does not mean, of course, that homebuyers in such communities received no gains from the exchange only that redistribution of tax bases would cause some regret (and capital losses) among communities that had been willing to accommodate industrial uses (Gurwitz, 1980 Ladd, 1976).All of this is not to suggest that there are no asymmetries in the local process. Voters who are renters might be indifferent to improvements captured in property values, so they might be more inclined to vote for land use policies that increased their remuneration even if property values shrank. (This could be partly offset by rent control, which gives renters a stake in property value changes.) On the other hand, compensatory payments by firms may be inhibited by the transaction costs of working through the public sector, thus biasing the result towards a residential status quo. The more troubling issue

Sunday, June 2, 2019

Benjamin Harrison :: essays research papers

Steven Shamlian, Anubhav KaulBenjamin Harrison was the 23rd president of the United States, from 1889-1893. He was 56 when he was elected president. Benjamin Harrison was born to a Presbyterian family on Aug. 20, 1833, on his grandfathers put up in North Bend, Ohio. He was named for his great-grandfather, a signer of the Declaration of Independence. His grandfather was William Henry Harrison, the 9th president. Ben was the second of the 10 children of John Scott Harrison and Elizabeth Irwin Harrison. Harrison attended Farmers College in a Cincinnati suburb for three years. While a freshman, he met his future wife, Caroline Lavinia Scott. Harrison and "Carrie" Scott were married in 1853. They had two children, Russell Benjamin and Mary. One year before their marriage, he gradatory with distinction from Miami University in Oxford, Ohio. In 1854, Harrison passed the bar exam and moved to Indianapolis. In Indianapolis, he practiced law and campaigned for the Republican Party. In 1860, he was elected newsperson of the Indiana Supreme Court. A deeply religious man, Harrison taught Sunday school. He became a deacon of the Presbyterian Church in 1857, and was elected the elder of the church in 1861. In 1862, Governor Olive P. Morton asked Harrison to recruit and command the 70th Regiment of Indiana Volunteers in the Civil War. Harrison accepted the challenge. He was a fearless commandant and rose to the rank of brigadier General foe ability and manifest energy and gallantry in command of brigade. After the war, Harrison won national prestigiousness as a lawyer. President Hayes appointed him to the Mississippi River Commission in 1879, and he held this post until 1881. Harrison turned down a post in the cabinet of President Garfield because he was elected to the U.S. Senate in January 1881. During his tem in the Senate, Harrison upheld civil service reform, a protective tariff, a stronger navy, and regulation of railroads. He made speeches in favor for th e restriction of Chinese immigration and against the importation of contract labor. He criticized President Clevelands vetoes of veterans pension bills. Harrison was looking forward to a second precondition in senate, but was defeated by Indianas Democratic legislature by one vote.James G. Blaine, who had lost the 1884 election to Cleveland, refused to run in 1888. The Republicans nominated Harrison to represent their party, partly because of his war record and his popularity with the veterans.

Saturday, June 1, 2019

Symbols, Symbolism and Feminism in Ibsens Hedda Gabler Essay example -

Symbolism and Feminism in Hedda Gabler Henrik Ibsens A Dolls House painted the picture of a strong and independent woman standing up to an oppressive and dominating society the lead character, Nora, abandons not only her husband, but her entire family, in an effort to discover herself and become a liberated woman. The touch is known for its universal appeal, and the strong blow it dealt to a male-dominated society, by showing not only that a woman could break free from the restraints which society position upon her, but that men were actually quite powerless in the face of a strong woman Noras husband, Torvald, is left weeping as she leaves him at the mingy of the play.The strong feminist themes which were the defining elements of A Dolls House are equally evident in the play Hedda Gabler, though the latter seems to be lacking the directness, clarity, and military group of the former, in regards to its feminist ideals. Hedda and Thea, the two female leads, posses within them bo th admirable and detestable female traits, and only in combination with each other cigaret the characters reveal the true feminist message of the play. In order to assist the reader in understanding these concepts, and to illustrate the distinct differences between the two characters, Ibsen uses symbolism. The symbolical nature of hair, Lovborgs manuscript, and General Gablers pistols, often seem to strip Hedda of her feminine characteristics, and emphasize the femininity of Thea.During the time in which this play was written, and as is very true in modern times, a mark of feminine beauty was long, abundant, flowing hair. Even today, short hair is often considered to be a mark of a to a greater extent liberated female, and it has been used to charact... ...ety. Thesis. Brigham Young U, 1990. Dyhouse, Carol. Mothers and Daughters in the Middle-Class Home c. 1870-1914. Labor and Love Womens Experience of Home and Family 1850-1940. Ed. Jane Lewis. New York Blackwell, 1986. 27-45. G ilbert, Sandra M., and Susan Gubar. The Madwoman in the Attic The Woman generator and the Nineteenth-Century Literary Imagination. New Haven Yale UP, 1979. Ibsen, Henrik. Hedda Gabler. New York Dover, 1990. Lewis, Jane. Introduction Reconstructing Womens Experience of Home and Family. Labor and Love Womens Experience of Home and Family 1850-1940. Ed. Jane Lewis. New York Blackwell, 1986. 1-26. Lyons, Charles R. Hedda Gabler, Role and World. 1990. Twaynes Masterwork Studies 62. Boston Twayne, 1991. Salom, Lou. Ibsens Heroines. Ed. and trans. Siegfried Mandel. Redding ridge Black Swan, 1985.