Why War Is Necessary Free Essays

For as far back as mankind dates back in it’s existence, there has always been and always will be war. History all throughout the world holds numerous acts of war dating all the way back to the early years of civilization, up until even today’s most recent problems. I believe war is a perfectly necessary action, especially when a hostile force makes unjustifiable attacks that put the safety of our country at jeopardy. We will write a custom essay sample on Why War Is Necessary or any similar topic only for you Order Now This does not mean that every issue’s solution has to be war. Simply, this means you deserve to be able to protect yourself against a bully. Of course there will always be the thought of being able to live in peace and harmony, but is that a realistic goal? There will always be bad guys with guns who wont take no for an answer. When an aggressor starts a conflict, you can make the choice to either defend what is yours by fighting back or you can surrender to their demands. I have worked hard for the things I have, and if going to war means protecting what is right then by all means, it is justified. America is the land of the free, and home of the brave. We have come a long ways to become what we are now. Our country provides everyone with freedom and equal opportunities. There is no dictator to force us into living a certain way, the people got to make the choice in who they want to lead us. Freedom is a wonderful thing to have, and there should be no reason why another country should be allowed to get in the way of that. If a hostile country starts to push us around and become a treat to our freedom, we need to push back or else they just might take it from us. Look back on what happened December 7, 1941, â€Å"Sudden and unexpected attacks on Pearl Harbor, Honolulu, and other United States possessions in the Pacific early yesterday by the Japanese air force and navy plunged the United States and Japan into active war. †(ny times article) Japan landed a surprise attack on American soil. If war is an unnecessary action then how are we supposed to know that more attacks, just like the ones that happened at Pearl Harbor, wont continue? If we don’t flex back and show our real strength and muscle of this great country then we are just sitting ducks waiting to be spotted. Nobody is going to pick on someone that they know can defend and protect themselves. A common point made by those who are against war is that it will make our bad economy even worse. I really don’t see how that could become an issue taking into account that to go to war food, ammunition, weapons, gear, and a whole lot of other stuff is going to be purchased. Obviously the government is going to have to spend money to acquire these things, but in turn wont that give more job opportunities from increased production needs from all the companies that make what our soldiers need? At first a large portion of money will be used up, but when the companies begin hiring more workers, then those workers will spend there money in other places on other necessities which in the long run starts a cycle of stimulation within our economy. If there is an adequate amount of demand in a company, then there can only be an adequate amount of employees. But if that same company keeps getting more demand of their products, then they will have to hire more people to meet those demands. Frederic Bastiat, a french economist, was very well known for introduction of this idea through the parable â€Å"The Broken Window† which is apart of his essay What Is Seen and What Is Not Seen. A part of the broken window parable includes, â€Å"It’s an ill wind that blows nobody some good. Such accidents keep industry going. Everybody has to make a living. What would become of the glaziers if no one ever broke a window? †(That Which is Seen, and That Which is Not Seen) In this, he illustrates how destruction can have a positive effect on society. In this essay, he proves a very good point that destruction might not be a good thing for whoever has to pay for the initial damages, but if things were to never get broken or need to be replaced, how would money be made to be spent in other places? Everyone needs to make a living somehow. Whether it happens to be your son accidentally breaking your window with a baseball or even something as bad as a hostile nation delivering a surprise attack which results in war, the unintended consequences that happen everyday are what help to create the opportunities of work that pay for us to survive. The link between war and technology has always been impeccably close. Neither of them would be successful without the support from the other. That is why if war wasn’t necessary, then a lot of today’s modern technology wouldn’t even be invented yet. The outcome of having technology that is old and outdated, instead of having the latest technological breakthrough in your military’s equipment has a high potential that could very well cost you the war. Over and over again, our history proves that the biggest advances in technological growth have been a result of warfare. A perfect example of this statement would be how the invention of the tank in the first World War helped Britain achieve victory. In this war, the introduction of the machine gun made it possible to kill large amounts of soldiers at ease which had forced combat on both sides into trench warfare. In order for either side to advance forward, their only choice was to charge straight into rows of machine guns that were just waiting to mow all of them down. In desperate need of some way to cross through the no mans land between the two sides, attention was brought to the idea of an armored vehicle with all terrain capabilities able to handle driving across the trenches. Armored vehicles had been made before but they were built only to handle normal terrain, so the British created the first armored vehicle that could handle the muddy terrain of the trenches giving them the upper hand later on that lead to their victory in WWI. This makes it very clear that war does help advance the progression of our technology, because if we didn’t need a way to get through the rough terrain of the trenches, the tank wouldn’t have been able to start off the mechanized warfare era. Frequently it get brought up that it is bad to use our resources to develop and test new technologies. How are we supposed to compete against other countries who are developing their technologies just as fast as us if we don’t spend the money on researching and testing new materials? If you think about it though, it is worth having to pay a little extra money to keep your country as safe as possible. Change is a good thing that everyone can benefit from. In an interview with author P. W. Singer, he explains how the military’s evolved technologies have changed how war is fought. After being asked how the society of mankind has been help from advancements, he answers, â€Å"No technology is â€Å"good† or â€Å"bad. † Is your toaster evil? Your computer? A Predator drone? They’re all technologies, and what we’ve seen throughout history is that war jump-starts technological growth. During wartime we see a massive investment in research and development, and a vast amount of human ingenuity applied to the creation of deadly devices. But the creation of these devices can have a ripple effect throughout society. For example, without the V-2s that devastated European cities we probably wouldn’t have the Saturn V rocket that helped put humans on the moon. †(Military Analyst Interview) He proves to us just how war has given a â€Å"jump-start† in the overall growth. If it weren’t for all the advances in war technologies over the years, a lot of the things we have today probably wouldn’t even exist yet to us. George Washington once said, â€Å"To be prepared for war is one of the most effectual means of preserving peace. † Putting an end to war would be a wonderful solution, but in reality, it will never happen. There is no doubt that war is evil, but it is a necessary evil. It is necessary because it defends our freedom. I love my country, I love my family, I love how my life is now and if anyone wants to try and take that away from me or change that, it gives us the right to protect ourselves. There should be no reason for us to live in fear of some dictator, we have made America what it is today and what we have, many other other countries don’t. When war becomes the necessary solution to a problem, sure there will be some problems that come along with it but there will never be a perfect solution. Even an ugly thing like war can have it’s beauties. It stimulates the countries economy, protects our individual freedom, and can bring with it new technologies that can help make our everyday lives easier. How to cite Why War Is Necessary, Essay examples

Effective HR free essay sample

Introduction This report will look at how to develop you as an effective Human Resource Practitioner. It will summarise the Human Resource Profession Map (HRPM), also identify different effective communication skills, understanding customer needs and how to delivery effective service. Human resource professional map The Human Resource Map also known as HRPM has been developed to help Human Resources practitioners and organisations to be successful and effective in their role and also to develop further in their career. The HRPM is broken up in to four key components – Professional areas, behaviours and band and transitions. There are ten professional areas, two of them being Core professional areas – Insights, Strategy, and Solutions and Leading HR. The first core professional area insights, strategy and solutions show the direction of the profession as a practiced business discipline with a people and organisation specialism. Secondly leading HR has three main areas for leadership to develop, personal leadership, leading others and leading  issues. We will write a custom essay sample on Effective HR or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Next there are eight other professional areas – Organisational design which ensures the organisation is set up to achieve objectives in both the short and long term and that structural change are managed efficiently. Organisational development provides the organisation to have a committed workforce and that culture, values, support, performance and adaptability are assessed and developed. Resourcing and talent planning is all about making sure the organisation appeal to key people and meets balance of resource. Learning and development ensures that people at all levels of the hierarchy acquires and develops their skills, knowledge and experience to meet their own and the organisations ambitions. Performance and reward creates a high performance culture by delivering schemes that recognises and rewards skills, capabilities, experience and performance. Employee Engagement makes sure that all employees have positive and understanding relationships with their work, colleagues and organisation. Employee relations differ to employee engagement by ensuring that the relationship is managed accordingly within the organisations practices and policies. Finally service delivery information ensures that the service delivery of information is accurate, on time and cost effective. Next in the professional map are behaviours, in each area it describes how a HR professional should carry out their tasks. In total there are eight behaviours which are curious, decisive thinker, skilled influence, personal credible, collaborative, driven to deliver, courage to challenge and role model. The last area of the map is Bands and transitions; this is split into four bands (band 1, 2, 3 4). The four bands of professional competence define the contribution that professionals make at every stage of their HR career key areas such as relationships with clients, the focus of the activities performed by the HR professional, where HR professionals spend their time, the services they provide and their contribution and success is calculated. The bands help to give a clear pathway and focus to development planning and activities. Professional are – Resourcing talent planning This part of the report will look the professional area ‘Resourcing and talent planning’ and the activities and knowledge within this area at band  one that are more essential to my HR role. Band one is to support colleagues with administration duties and processes, managing information and being customer orientated. Resourcing and talent planning includes workforce planning, resourcing, talent identification and succession, assessment and selection, induction, exit and finally legal framework. Assessment and selection, induction and exit are more essential to my role as these are all part of my day to day activities. Assessment and selection is essential to my role and falls into band one due to sitting in on interviews and sometimes conducting them. Within the interview process my role is to identify candidates that will fulfil the short and long term goals of the organisation, to do this effectively a good knowledge of the company is required to be able to identify the key people. The next essential area to my role is induction as all new starters are required to undertake one. This is more customer orientated as this affects customers internally and externally as the new starter to be able to hit the ground running they will need a thorough induction. This will include a full history and background information of the company, introductions to colleagues, company handbook, health safety information and job description. Finally the last essential activity exit is a key role as all employees on leaving the organisation are required to fulfil an exit interview. The purpose of this is to gain as much information and knowledge as possible on reasons for leaving which in turn will help in future activities such as assessments and selection. All of these tasks are in someway or another supporting colleagues whether it is taking notes in an interview or making sure a new starter is fully prepared, managing information such as new starter details and all activities are customer orientated. Activity 2 Customer needs A HR practitioner should ensure that the services they provide are timely and effective. This is going to be shown by understanding customer needs, giving three examples and a need for each. Also by discussing effective communication, different methods and there advantages and disadvantages.  Finally by showing effective service delivery including service on time, to budget, dealing with difficult customers and customer complaints. There can be many different types of customers and within my HR role there is my manager, colleagues and pension provider. An example of my managers need would be for me to agree with them and write up a return to work plan in line with the company’s procedures for a member of staff with long term sickness. A colleague’s example need would be requiring leave for a death in the family and to follow the necessary procedures to make sure this happens and cover is obtained either by internal cover or temporary help from an external source. Thirdly the pension providers need would be updated details required for employees. To all these customers they will believe that there need is a priority and to prioritise these conflicting needs I would assess by analysing what would need urgent attention and what could wait. Firstly I would deal with the employee who has had a death in the family as this is obviously a difficult time for them and will need the peace of mind that they will not need to worry about work and focus on the sad news they have received. Secondly I would then deal with my managers request for a return to work plan for a long term sickness employee, the reason this is second is because this is not happening straight as the member of staff is off with long term sickness but will be returning in the near future and is important a plan is agreed with them and my manager. Finally I will now be able to deal with the pension provider as the information they requested is not urgent but is necessary for them to provide us with there service. Effective communication Effective communication is an important role for a HR practitioner because it empowers them to provide clear direction, information and effective service. There are many ways to communicate within and outside working life. Within my HR role the most common methods are email, face to face and letters. Next will show the advantages and disadvantages of these communication methods –

Property Ownership-Free-Samples for Students-Myassignmenthelp.com

Question: Discuss about the Torrens who made the Property Ownership in the Nation. Answer: Introduction In Australia, there is a comprehensive and robust system of property registration. The system dictates the property ownership extent in the manner the individual obtains the title to land through registration, instead of having to register the ownership as an extra step[1]. The ownership of real estate in the Australia is held through a system which is known as the Torrens title system and it is deemed as the most secure system in the world, along with being a reliable instrument of owning the real estate[2]. A Torrens title provides the sole certificate of title for the land allotment and is a common type of title in the state of South Australia. Through this Torrens title certificate, the details of the property being owned, the easements which includes water pipes, the encumbrances including mortgages, and the unique reference details of the title including folio and volume numbers[3]. The Torrens title system is based on the working of three principles. The land titles are registered and the records of these are kept accurately in the Government Register, in each and every aspect regarding the interests and the current ownership in the matter of land of an individual. This land titles Register has the information regarding the land of the people; which means that the other interests and ownership are not required to be proven through the long complicated documents, for instance the title deeds[4]. Apart from the Torrens title, the property law in the nation is also regulated through the Strata title. This title allows the individual ownership of partial property along with the shared ownership in remainder through the legal entity which is known as the owners corporation and can even include a body corporate, community association or strata company, and this depends upon the territory or state of the residence, along with the type of scheme[5]. In the following parts, a discussion has been carried on the property ownership in Australia, where a specific emphasis has been laid on the Torrens system and the manner in which the property ownership has changed in the nation. Torrens System The title of land is provided through the Torrens system in the nation. The Torrens title was an invention of the South Australia which was a revolution method of not only recording but also registering thee land ownership. This system is such where the land ownership takes place when the document transferring the property ownership is filed with the Land Titles Office of the locality. The key objective of Torrens system is providing the certainty to the land title. In 1958, the Torrens Title System was initially introduced in South Australia and it was later on used in the other states of the nation, and even across the globe[6]. The name of this title has been given after the inventor of this title, which is Sir Robert Richard Torrens. He was instrumental in this efficient and unique system of dealing with lands implementation. The system which resulted from the desire of Sir Torrens to improve upon the traditional English based land law system, which was not only complex but was e xpensive and time consuming as well[7]. The key goal drawn under the Torrens Title System was to make the register conclusive. Once The name of an individual is registered on the register of the Torrens Title and then the individual becomes the property owner to the exclusion of any other individual. Hence, the title by registration has to be obtained by the individual and this remains a pivotal concept under the Torrens Title. The Torrens Title System has a Certificate of Title which exists for each and every separate piece of land[8]. This title helps in eliminating the grounds for the majority of dispute litigations, reduces the cost of land transfer and sale in a great manner and also avoids the consequences of the lost certificates. Generally, the individual who is been recorded as the parcel of lands owner cannot have their title overturned or even challenged. This is due to the concept of indefeasibility of the title. However, there are certain exceptions to this general rule in case the land had been fraudulently r egistered[9]. Historically, this system was born out of the chaotic series of land speculations in which the State had suffered financially from the traditional system of land titles deficiencies under the common law. In the now old system related to the land titles, an individual was required to trace back the ownership of the land, in all the way back to the original grant given by the state. This theoretical requirement was not only frustrating as the documents were often inconsistent and were missing, but also carried a risk where a better claim of land, on the basis of documents, which the owner had no knowledge about, could be made[10]. There are a range of advantages under the Torrents Title System[11]. This system is authentic as this system allows the individual to make certain that the title is accurate and also avoids the need for proving the title to land. Secondly, there is also reliability in this system where the individual can claim compensation in case the registrar proves to be incorrect. Lastly, there is an efficiency in this system is maintained through a computer based database which can be searched in an easily and quick manner. Through this system, the guarantee is provided through the government that the people who suffer the loss of land, or have a registered interest are compensated for[12]. The key feature of this system is registration of ownership. The land ownership in the nation is transferred through a lodgment of a form with an appropriate fee at the office of the land titles. The agent of the lawyer is usually carries on this activity and often appears on the register on that very day. Before the transfer takes place, the banks or financial institutions ensure that the mortgage is paid out as the majority of people have some or other kind of mortgage on their home. Due to the fast pace of the present day Australian markets, it is very common for the contracts for sale of land to be based on condition of another property being settled. So the old house can be sold by the purchaser and the new one can be purchased on the very same day. The standardization and the predictability of the Torrens title system has allowed the process to be more straightforward even though there is a major difference between the Territories and the States[13]. There is a need to notice that there are certain complexities in this system as this system has been around for over 150 years in the nation and even till date, there are certain areas of Australia, which are not covered by the Torrens title registration. There are still a range of lots which remain under the old system of title, which had been granted before the enforcement of the Torrens Title, and these have, till date, not been converted into the new system. As a purchaser, the odds of encountering such situations are quite slim; though they can still take place when the parcel of the land has been held closely by the family over a long period of time. In such cases, it is crucial that the property lawyer assistance is obtained, who has an experience in the old system[14]. In Australia, upon the first time application of this system, the land was alienated from the Crown and the same was recorded. Along with this, the other titles could be voluntarily registered. Upon the completion of transfer the applicant could bring the deed to the land registry, and this was to be brought along with the applicable survey plans and a statement for the evidence of title from an examiner of titles. Upon these being approved, the title had to be recorded and there was no requirement of further legal work for establishing a root of title. A record of title was also established through the registry and a copy of this record was made available to the owner[15]. The principle on which this system is based is that the parcel of lands title cannot be passed and there can be no encumbrances which could be enforced till the time the same has been noted down on the land register. Once this is done, the registered title is deed to be indefeasible and absolute, as they are effectively insured and guaranteed. Further, the registered owner, as a rule, maintains the title even in cases of fraud or error[16]. Along with this, the mortgages are recorded against the title, which results in the alleviation of questions related to title being transferred to the mortgagee and then the same has to be reconvened upon the repayment of the loan[17]. The Torrens system, along with the similar systems, provide the recording of evidence with regards to the title of the land, along with of all such encumbrances which restrict the title for acting as a kind of third party notice, who may have an interest in land. Under this system, the registration affects the transfer of title, which relates to the old certificate cancellation and the new certificate is to be issued in the new proprietors name. The official record relating to the land ownership is replaced through the title deeds. The Torrens certificate of title evidences this record and is issued by the Registrar of Titles to the owner of the land[18]. Before Torrens title system There were around 40,000 titles in 1887 for the land of the colonies in South Australia. Around 30,000 of these were original deeds and these were lost; around 13,000 of these had been owned by the absentee landowners and a number of these could not be traced; and lastly, around 5,000 of these were, if not defective, seriously complicated. The records of the government of this period denoted that a value of 77,000 had been provided on mortgages for the property of town, and the value of 45,000 was provided for lands of the country. Due to these reasons, the legal profession during that time period was giving them the earnings of 100,000 for every year and this was paid for arranging leases, transfers and mortgages[19]. The earlier titles could be better stated as receipts instead of proper titles and they did not show any kind of position or the size of the land. And the same could be identified by only using the reference number which is contained in the margin. The numbers made reference to the original maps, and the problem here was that the majority of these maps were inaccurate. So, in case an unexpected deed is unearthed, it can make the landowner vulnerable owing to the charges of fraud and even the consequent forfeiture of the livelihood of such individual[20]. This confusion was enhanced with the private subdivisions due to the fact that there was no obligation to appoint or employ the services of licensed surveyor and there was also the condition where the land owners, who were selling the land, refused the surrender of the original deeds. Hence, the buyer, by purchasing the land, was committed to indecisive titles. The complexity in the land titles was further increased in 1839 when, owing to a fire, the district maps were completely destroyed[21]. The original errors were compounded by the obliterated with the survey marks and coupled with the incorrectly located fences. The district divisions, after 1842, were steadily replaced by the nations, and a range of lands were renumbered and resurveyed[22]. The extension of this system to the other states of Australia was done through modifications and the deed registration system had been replaced which was previously operational in all the systems. This was irrespective of the fact that the system did not operate universally in some of the states, particularly when the land transfers undertaken before this systems introduction were not brought automatically in this system. This was particularly notably in the cases of Victoria and New South Wales, and there is a variation in the system between the territories and the State on the basis of the laws which have been applicable[23]. The Torrens Title system has also been used for land registration purposes in New Zealand from the year of 1860; along with the majority of provinces in Canada which started from the year of 1890; majority of English speaking areas and jurisdictions in US, particularly Hawaii, Massachusetts, Illinois and even Ohio and Minnesota, due to the same being voluntary applied to half of land parcels; and to the republic of Ireland. Even though there was reluctance in a number of jurisdictions for the acceptance of this system, it was still adopted. The land registration system was the foundation for the Torrens system and was initially adopted on 1860s by England and Wales, and was subsequently accepted in the Northern Ireland[24]. Robert Richard Torrens Robert Richard Torrens was the Son of Colonel Robert Torrens and an Irish emigrant, who had been appointed to plan the South Australian colonization and in 1840, was appointed as the Collector of Customs in Adelaide. In the thirteen years of his role, Robert was able to impress with the simple and yet efficient system which was used to regulate the ship dealings. The evidence of ownership, under this system, was in form of a certificate and the ship dealings were registered on this system. Conversely to the ship dealings, the land title system was very complex, along with being uncertain and could only be secured by the ones who were being profited from it[25]. Torrens was of the view that the system, through which the ships were being regulated, could be easily used for the land. Even though he got a strong support from the public, the majority of people were under the suspicion that this move would be opposed by the legal professionals. The year of 1853 saw Robert being appointed a s the Register-General of Deeds, and later on in the year of 1857, he was elected to the South Australian Parliaments House of Assembly, whereby he initiated his campaign for reforming in earnest[26]. Land Title Reform A Bill was introduced by Robert in June of 1857 before the Parliament for reforming the land title in the nation. The three key principles of this bill were related to the surrendering of title upon the sale of land and a new grant to be issued; the validity of the land dealings to be granted solely through the registration; and the need for solicitors be eliminated through standardized and simple forms, save for the complex cases. As the bill did not have to face much of opposition, it was easily passed in the year of 1857, which led to the incorporation of the Real Property Act 1858. Through this act, a Land Titles Board had been established which would help in providing the title for the real property in form of a certificate, instead of using a deed[27]. When the Real Property Act was passed, Robert decided to resign from the House and at the same time, accepted the position of Register-General of Titles and he was the first person to hold this position. The system drawn by Robert was cheap, simple and could be easily understood. The land of the Crown which was freehold after July 01st, 1858 were required to be registered at the Land Titles Office and in such cases, the owner was required to be given a copy of certificate which was entered in the official register[28]. The transactions which were affected due to the land, for instance, encumbrances, mortgage was required to be registered under the certificate. In case the land had been sold by the vendor, the person had to surrender the title to the buyer who had registered for the ownership transfer. The validity of titles thus became the responsibility of the state. When this new system was put in place, Robert went to the other states and advocated them to use the same. By the yea r of 1870, this new system had been successfully adopted across the nation and was also being implemented in the neighboring nation of New Zealand[29]. Since then, this system has been entirely or partially been adopted in different nations across the globe as being a simple system of management of the land title. Strata Title Strata title is an innovation done in the nation, in the segment of property law, which has been adopted across the globe. Under this title, the individual ownership of propertys part, which is known as lot, apartment, townhouse or apartment, is combined with the shared ownership in remainder, which is known as the common property for instance the gardens, the foyers and the driveways, by the body corporate or owners corporation, community association or strata company, i.e., through a legal entity, depending upon the type of scheme and jurisdiction. This concept is still new and can be dated back fifty years. From then, till now, there are over 270,000 related schemes which encompass around 2 million individuals across the nation[30]. The strata, in Sydney, now accounts for over half of the residential leases and sales owing to its popularity with the investors. There are an increasing number of retail and commercial properties which have been given the strata title. Recently, there have even been noticed some strata titled vineyards. The developments under the strata plan can exist in retail, commercial, retail, for mixed use, resorts, caravan parks, retirement villages and even serviced apartments[31]. Historical Background of Strata Title Before the strata title, a majority of flats were being sold as he company title, where the company shares which owned the building, would entitle the shareholder to the usage of the particular residential unit in an exclusive manner; or the land on which the building had been formed was being sold for making the owners Tenants in Common. Under this kind of co-ownership, two or a higher number of people own different interests in the land parcels. Through the lawful documentation, the exclusive use of the residential unit could be ensured by the buyer. Though, such kinds of land title could not provide the separate ownership to the individual occupants. Due to this, the building societies and the banks were not keen on lending the money to these purchasers, and if the money was lent, the general rates of such properties were kept higher for such properties[32]. The first version of strata title was devised by the NSW Parliament due to the pressure which was being placed on the government of New South Wales for making the borrowing for such type of residential units easier. For these reasons, on July 01st, 1961, the Conveyancing (Strata Titles) Act, 1961 was brought into force. Lindsay Gardens was the first strata titled building in the entire world. This building was located at 189 Liverpool Road, Burwood, Sydney, and had a block of 18 units. The NSW Strata Titles Act, in 1973, along with its regulations, meant that the area of individual lots in the strata plans were required to be shown in a far better and precise manner, under the 1961 Act. In 1989, NSW again brought forward the first community title legislation[33]. The other Australian States gradually accepted this concept of strata title. The presence of strata complexes can be noticed fifty years on in the complexes like the Q1 located in Gold Coast, where there are 526 apartments, along with the retail and dining areas, resort pools, a day spa, and conference and meeting facilities. The development of more complex and larger strata developments has brought the challenges in management of the tenant responsibilities, the need for appropriate support services, operational complexity, owner engagement, ageing infrastructure and rising costs. The increasing sophistication and the growth of strata is mirrored in the history of the organizations and companies like the Strata Community Australia, which have grown big and addressed the administrative challenges being presented in front of it[34]. Strata v Torres Title The property title, as stated above, is governed by Strata and Torrens Title. The decision for purchasing the property is daunting and exiting. While purchasing any property, a crucial factor is the type of title, under which the property falls. This is due to the differences in the issues which are related to the property and the ongoing implications[35]. Under the Torrens Title, the property is one under which the buyer owns the house and the land on which the property has been built. This denotes the most traditional form of ownership and it denotes that the sole owner of the property is responsible for the upkeep of the property, which is both for the inside and the outside of the land block. However, the properties like unit, villa or townhouse is usually purchased under the Strata. When one of such property is purchases, there are common areas which are used by the people, who live in the apartment block or the complex, which includes the gardens, driveways and the like. These common areas are maintained through the owners of the unit in a collective manner, through the Corporation of the Owners due to the fact that they are shared. The individual has the sole responsibility of upkeep of the properties inside; however, the maintenance expenses are required to be paid for the usage of common areas[36]. There are also financial considerations related to the choice of property title. While purchasing a property, bills and fees have to be paid on regular basis, which includes the council and water rates. The strata property is coupled with the additional levies, which factor in the budget. There is also a need for strata payments from the owners on an ongoing basis. The ongoing maintenance and upkeep are covered through levies for the common property of the Strata complexes. There are also a range of rules and regulations surrounding the strata property and these are given the name of bylaws, through which, the changes can be made to the property for its improvement[37]. Conclusion Through the discussion carried on above, some light was thrown over the property ownership in Australia, which has been modified and revolutionarily changed with the Torrens title system. Torrens title is an effective system of land registration of the nation where the land holding register is maintained through the guarantees of the state and is an indefeasible title for the ones who have registered their title. The land ownership in this system is transferred through the title registration, instead of making use of the deeds. The key objective of the Torrens title is to simplify the land transactions and also to certify the absolute title ownership in reality. To Torrens title has become persuasive around the nations which have been strongly influenced due to the commonwealth nations. This title has been named after Robert Richard Torrent who was a revolutionary leader in the property ownership field in the nation. As highlighted earlier, the system proposed by Torrens was based on title by registration, instead of the other way round of registration of the title. Hence, this system eliminated the need of establishing the chain of attaining the title. The title under this system is guaranteed by state and in cases of error or fraud in this scheme, it is given the support of a compensation scheme. Apart from the Torrens title system, there is another title system which is applicable in the nation and this one is the strata title system. In this system, the property law is segmented and in such cases, along with paying for acquiring the property, the money is also to be paid for its maintenance. Further in this system, only a part of property is owned by the buyer, whereas in Torrens title system, both the land and property comes under the ownership of buyer. Hence, the Torrens title system is a revolutionary concept for Australia and the same is true for the rest of the nations, across the globe l. Bibliography Articles/ Books/ Reports Berg S, Coming to Terms: Aboriginal Title in South Australia (Wakefield Press, 2010) Boast R, Buying the Land, Selling the Land: Governments and Maori Land in the North Island 1865-1921 (Victoria University Press, 2008) Combe GD, Responsible Government in South Australia, Volume 1 (Wakefield Press, 2009) Davison M, Monotti A, and Wiseman L, Australian Intellectual Property Law (Cambridge University Press, 3rd ed, 2015) Dillon C, Landed Global: Key knowledge you need to buy international property (Dillon Communications Ltd, 2014) Esmaeili H, and Grigg B, The Boundaries of Australian Property Law (Cambridge University Press, 2016) Fields CK, and Fields CK, Essentials of Real Estate Law (Wolters Kluwer Law Business, 2016) Gibson A, and Fraser D, Business Law (Pearson Higher Education AU, 2013) Gillies P, Business Law (Federation Press, 12th ed, 2004) Hallenborg MA, Real Estate Due Diligence: A Legal Perspective (Routledge, 2015) Hepburn S, Australian Principles of Property Law (Routledge, 2nd ed, 2013) Latimer P, Australian Business Law 2012 (CCH Australia Limited, 31st ed, 2012) Lilienthal G and Ahmad N, Australian Aboriginal Human Rights And Apprehended Bias: Skirting Magna Carta Protections? (2015) 27 Denning Law Journal 151 Lindeman J, Mastering the Australian Housing Market (John Wiley Sons, 2010) Loenen B, Developing Geographic Information Infrastructures: The Role of Information Policies (IOS Press, 2006) Sarwari B, The Torrens System. Indefeasibility and the Fraud Exception (GRIN Verlag, 2013) Sherry C, Strata Title Property Rights: Private governance of multi-owned properties (Routledge, 2016) Smits M, Everything You Need to Know (But Forget to Ask) When Buying or Selling Property (John Wiley Sons, 2012) Taylor G, A Great and Glorious Reformation: Six Early South Australian Legal Innovations (Wakefield Press, 2005) Winterton G, State Constitutional Landmarks (Federation Press, 2006) Others Craddock Murray Neumann Lawyers Pty Ltd, Property Ownership and Registration in Australia (2012) https://www.craddock.com.au/Document/Property+Ownership+and+Registration+in+Australia.aspx Department of Premier and Cabinet, Torrens titles (2017) https://www.sa.gov.au/topics/planning-and-property/certificates-of-title/torrens-titles Hartley A, The Real Property Act In Australia (2016) https://www.irwaonline.org/eweb/upload/web_janfeb_2016_Australia.pdf Lamrocks Solicitors, Strata vs Torrens Title: What does it mean for you? (2017) https://www.lamrocks.com.au/document-34/strata-vs-torrens-title-what-does-it-mean-for-you Macnaughton S, Basic Land Title and Survey Practice (18 March 2013) https://qela.com.au/wp-content/uploads/2014/11/QELA13TLANDTENpapers1.pdf Pike D, Introduction Of The Real Property Act In South Australia (2017) https://www.austlii.edu.au/au/journals/AdelLawRw/1961/4.pdf Real Estate Defined, Torrens title system (2017) https://www.realestatedefined.com/html/terms_defined/Torrens_title.html Real Estate Institute of South Australia, Torrens Title Explained (2017) https://www.reisa.com.au/publicinfo/general-tips-and-traps/torrens-title-explained Strata Community Association, What is Strata? (2017) https://www.strata.community/understandingstrata/what-is-strata UCHK Consulting Ltd, The Australia Torrens System Of Property Ownership For Investors (2017) https://uchkconsulting.com/australia-torrens-title.html Victoria State Government, Torrens titles (2017) https://www.propertyandlandtitles.vic.gov.au/land-titles/torrens-titles Craddock Murray Neumann Lawyers Pty Ltd, Property Ownership and Registration in Australia (2012) https://www.craddock.com.au/Document/Property+Ownership+and+Registration+in+Australia.aspx Samantha Hepburn, Australian Principles of Property Law (Routledge, 2nd ed, 2013) Mark Davison, Ann Monotti and Leanne Wiseman, Australian Intellectual Property Law (Cambridge University Press, 3rd ed, 2015) UCHK Consulting Ltd, The Australia Torrens System Of Property Ownership For Investors (2017) https://uchkconsulting.com/australia-torrens-title.html Cathy Sherry, Strata Title Property Rights: Private governance of multi-owned properties (Routledge, 2016) Greg Taylor, A Great and Glorious Reformation: Six Early South Australian Legal Innovations (Wakefield Press, 2005) Real Estate Institute of South Australia, Torrens Title Explained (2017) https://www.reisa.com.au/publicinfo/general-tips-and-traps/torrens-title-explained Paul Latimer, Australian Business Law 2012 (CCH Australia Limited, 31st ed, 2012) Christopher Dillon, Landed Global: Key knowledge you need to buy international property (Dillon Communications Ltd, 2014) C. Kerry Fields and Kevin C. Fields, Essentials of Real Estate Law (Wolters Kluwer Law Business, 2016) Andy Gibson and Douglas Fraser, Business Law (Pearson Higher Education AU, 2013) Victoria State Government, Torrens titles (2017) https://www.propertyandlandtitles.vic.gov.au/land-titles/torrens-titles Hossein Esmaeili and Brendan Grigg, The Boundaries of Australian Property Law (Cambridge University Press, 2016) ohn Lindeman, Mastering the Australian Housing Market (John Wiley Sons, 2010) Mary Ann Hallenborg, Real Estate Due Diligence: A Legal Perspective (Routledge, 2015) Shaun Berg, Coming to Terms: Aboriginal Title in South Australia (Wakefield Press, 2010) Real Estate Defined, Torrens title system (2017) https://www.realestatedefined.com/html/terms_defined/Torrens_title.html Bastiaan Loenen, Developing Geographic Information Infrastructures: The Role of Information Policies (IOS Press, 2006) Department of Premier and Cabinet, Torrens titles (2017) https://www.sa.gov.au/topics/planning-and-property/certificates-of-title/torrens-titles Peter Gillies, Business Law (Federation Press, 12th ed, 2004) Gary Lilienthal and Nehaluddin Ahmad, Australian Aboriginal Human Rights And Apprehended Bias: Skirting Magna Carta Protections? (2015) 27 Denning Law Journal 151 Douglas Pike, Introduction Of The Real Property Act In South Australia (2017) https://www.austlii.edu.au/au/journals/AdelLawRw/1961/4.pdf Gordon Desmond Combe, Responsible Government in South Australia, Volume 1 (Wakefield Press, 2009) At 17 Alan Hartley, The Real Property Act In Australia (2016) https://www.irwaonline.org/eweb/upload/web_janfeb_2016_Australia.pdf Bill Sarwari, The Torrens System. Indefeasibility and the Fraud Exception (GRIN Verlag, 2013) George Winterton, State Constitutional Landmarks (Federation Press, 2006) Stuart Macnaughton, Basic Land Title and Survey Practice (18 March 2013) https://qela.com.au/wp-content/uploads/2014/11/QELA13TLANDTENpapers1.pdf Richard Boast, Buying the Land, Selling the Land: Governments and Maori Land in the North Island 1865-1921 (Victoria University Press, 2008) Strata Community Association, What is Strata? (2017) https://www.strata.community/understandingstrata/what-is-strata At 29 Ibid Ibid Ibid Mary Smits, Everything You Need to Know (But Forget to Ask) When Buying or Selling Property (John Wiley Sons, 2012) Lamrocks Solicitors, Strata vs Torrens Title: What does it mean for you? (2017) https://www.lamrocks.com.au/document-34/strata-vs-torrens-title-what-does-it-mean-for-you Ibid

Oil Deregulation in the Philippines free essay sample

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

Free Essays on Rousseau

Rousseau’s claim that desires, emotions, and morals are a product of culture is correct. There is no such thing as human nature; therefore, society is necessary for a civil life. This is so because only society can inculcate values and behaviors required for civil existence. The primitive man is self-centered, lazy, and solitary. Innately, instinct and self-improvement lay dormant in the primordial man. Potential to reason and develop language evolve due to the human’s association with other beings such as family. In relationships, humans learn valued emotions and behaviors that become their culture. The variety of culture on Earth indicates that each one was individually developed. This development is attributed to the different qualities that were uplifted by the people within each culture. According to Rousseau, the first humans were indifferent to the opinions of others and maintained a level of healthy narcissism. In this state, the free humans were able to survive off of two instincts: self-preservation and compassion. Without family, a precursor to society, man would still live off of two instincts. As family became more important, man was able to develop the institution of society and comply with its unique sanctions and norms. Human behavior is socially established patterns adopted from society, thus ruling out the theory of a universally intrinsic human nature. Society has become a needed function in the lives of people. When comparing cultures of the United States and China, the social directions of these societies are different. The Unites States uplifts competition and individualism; on the other hand, China uplifts harmony and collectivism. Neither culture is considered better than the other, because although they are different they share the quality of civilization. The societies in both of these countries determine the quality of life the citizens will live. The influence of society ramifies throughout cultur... Free Essays on Rousseau Free Essays on Rousseau Rousseau’s claim that desires, emotions, and morals are a product of culture is correct. There is no such thing as human nature; therefore, society is necessary for a civil life. This is so because only society can inculcate values and behaviors required for civil existence. The primitive man is self-centered, lazy, and solitary. Innately, instinct and self-improvement lay dormant in the primordial man. Potential to reason and develop language evolve due to the human’s association with other beings such as family. In relationships, humans learn valued emotions and behaviors that become their culture. The variety of culture on Earth indicates that each one was individually developed. This development is attributed to the different qualities that were uplifted by the people within each culture. According to Rousseau, the first humans were indifferent to the opinions of others and maintained a level of healthy narcissism. In this state, the free humans were able to survive off of two instincts: self-preservation and compassion. Without family, a precursor to society, man would still live off of two instincts. As family became more important, man was able to develop the institution of society and comply with its unique sanctions and norms. Human behavior is socially established patterns adopted from society, thus ruling out the theory of a universally intrinsic human nature. Society has become a needed function in the lives of people. When comparing cultures of the United States and China, the social directions of these societies are different. The Unites States uplifts competition and individualism; on the other hand, China uplifts harmony and collectivism. Neither culture is considered better than the other, because although they are different they share the quality of civilization. The societies in both of these countries determine the quality of life the citizens will live. The influence of society ramifies throughout cultur...

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Personal reflection - and academic literature to support that reflection - Essay Example As a secretary, I learnt a lot in regard to how a business is ran as will be discussed in the paper below. Personally, I believe that it is the places I have been working in that have a toll on how I make decisions. In this paper, we will be doing an academic reflection supposed to underscore the importance of available resources and disciplines. In today’s business world, being able to organize, plan, and being able to meet set goals are very important part of a job (Bryson & Alston 2011). In my case, I have worked as a secretary in an area that required such experiences. As the secretary of a robust enterprise, I was supposed to keep all leader board members and shareholders up to date with decisions and company policies. The reason is if people are not kept in the loop, they tend to waste a lot of time finding up what they are supposed to know yet the issue might be trivial. As a secretary, I was supposed to keep record of all financial transactions. In one way or another, such an attribute is fundamental in operabillity of a firm and should be bolstered (Zimmerman 2008). If a secretary is able to keep a clear record of what is happening in the firm, the manager will find it easy to follow up with progress of each department. Clearly, experience is a good teacher. I have worked in administrative roles before and that has helped me significantly in coping up with different tasks. My work as a committee secretary for 2 years has been a great part of my 15 year experience. While it may not seem as a big deal, the truth is that it is this type of experience that acts as way to learn. The experience was very important in my career as it allowed me understand what a business setup is and how it works. With the experience, I was able to understand the course a new business takes and at what timeframes this changes occur. Such a position also equipped me with other important tools in management a business. Some of the tools involve

Strategic Plan as a Crucial Part of Dynamics of Transforming Technolog Coursework

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