We Must Protected Our Society From Repeated Offenders

People who keep committing crimes over, over and over again about to start facing serious jail time, the book discuss that we must protected our society from repeated offenders. Therefore kids who committing murders are about be charged as adults. The reason for that because kids know right from wrong, why give them a leeway just because they are kids. If you don’t punish kids for what they did first time they going keep doing it until they are punish. It’s not about protecting the offender but protecting the victims that’s been hurt by offenders (pg.322). However we offered many programs so that offender can stay out of trouble and not repeat the same crimes over. The book talks about the diversion and transitional programs that can be helpful to juvenile’s, so they can stay out of trouble. Diversion program allows the teen speak with social worker and probation officer. While the transitional program help them earn jobs in community and earn high school diploma or some trade while in detention center. These programs are just not offered to juveniles they are many programs for people while in prison or federal prison that they can attend. Frustration – aggression theory best describes this case study. The reason I choose frustration aggression because Shawn was having problems sleeping at night and problems with his parents due to him smoking and drinking. The frustration lead Shawn go into his parents’ bedroom and stabbed his father in arm,Show MoreRelatedEssay Parole Should Be Abolished1714 Words   |  7 PagesNew York. It’s process provides for early conditional release from prison for convicted felons, after part of their prison sentence has been served, and they are found to be eligible for parole based on factors such as: conduct while incarcerated, rehabilitative efforts/progress, type of offense, and remorse for their crime. 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Data from the criminal justice system, hospital patient medical records and mental health records, police reports, surveys and social services reports of thousands of women revealed that many are injured and killed as a result of violence from someone close to them. â€Å"The US Office on Violence Against Women (OVW) defines domesticRead MoreAnimal As We Love Ourselves3256 Words   |  14 PagesLove Animal As We Love Ourselves Do animals have feelings too? Yes, of course animals have feelings just like humans do. This means that if humans are not abused or neglected, then animals should not be abused or neglected too. Imagine someone walking into a house to be greeted by a dog or cat with bruises, scratches, hungry, and in pain. These animals have been abused or neglected until they die from suffering. Animals are beaten and starved everyday and millions of helpless animals

Patriotism in Malaysia - 1747 Words

The Malaysian Bar Patriotism cannot be forced onto a Malaysian Contributed by Charles Hector The compulsory national service training programme is intended to foster the spirit of patriotism, encourage racial integration, and develop positive and noble traits among the younger generation (Malaysiakini 13/6/2003). The targeted group is our youth of about 18 years. The object of this programme was expressed by Defence Minister Najib Tun Razak, who chairs the special cabinet committee. The programme will focus on basic military training, patriotic training and personal development including community service. (Malaysiakini 17/6/2003) In the military, one is trained to follow orders of superiors without question. Would this be one of†¦show more content†¦Suppression of patriots kills patriotism. The announcement by the Minister of the removal of the controversial clause in the National Service Bill which makes it an offence to incite others from not participating in the programme was retracted due to complaints from the public (Malaysiakini 25/6/2003) must be applauded as a success for the cause for freedom of expression and as an example of a good leadership trait, ie of a leader that listens to voices of the Malaysian people. In tabling the Bill, the Minister was reported to have said that it is the responsibility of the people to ensure that multiracial Malaysia continues to be stable and strong to achieve development in view of various new attacks such as globalisation and liberalisation. Therefore, we cannot let the polarisation and alienated relation among races to continue. (Malaysiakini 25/6/2003). The national service training council is to have persons representing the major races. Malaysia is a multi-ethnic, multi-cultural and multi-religious nation. 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American Participation in NATO Free Essays

North Atlantic Alliance Organization was founded in 1949 by 12 countries: Belgium, Canada, Denmark, France, Iceland, Italy, Netherlands, Norway, Portugal, the UK, and the USA. Greece and Turkey joined NATO in 1952, Germany (German Federative Republic) in 1955 and Spain in 1982. The agreement that was signed between the members of NATO in Washington, April, 4 1949 assumed mutual assistance and collective security, primary against the threat of the Soviet Union. We will write a custom essay sample on American Participation in NATO or any similar topic only for you Order Now It was the first union of after war period in the history, made by the USA and which assumed the union of capitalist countries. The main reason for NATO creation were very aggressive relations between the USA and the USSR, especially after Warsaw Pact, or a pact that united all communistic regimes in Eastern Europe with the head of the USSR. The results of Warsaw pact were the following: besides mutual assistance in the sphere of economics, science and education the countries participants agreed the USSR to place its troops on their territories. Romania, Poland, DDR (eastern Germany), Bulgaria and Czechoslovakia agreed to dislocate Soviet troops on their territories. As the result a Soviet threat was created to the countries of Western Europe who were rather weak and could not have anything similar to individual defense after the WW2. In March 1948 five European countries signed Brussels treaty, which was the basis for NATO foundation a year later. The main principle of NATO is its fifth article, which says that all participants agree that military attack against one of the them is considered to be the attack against all of the countries participants. NATO’s principles were developed in the USA in accordance to the 51st article of UN’s rules that assumed the right to create organizations for collective security. This right also makes the nations to participate in economical, political and social integration and mutual assistance. NATO’ as military forces were formed in 1950 as a feedback to the events in Korea that turned into war in June 1950. Korean war or the aggression of North Korea was considered to be a part communist intervention in the east. The war ended in 1953 on the border of North Korea with South Korea on the 47th parallel the place where it had started 3 years before. The main body that directs NATO’s policy is the NATO’s council, which is situated in Brussels (before 1967 all the meetings were held in Paris). Every country-participant of NATO provides a representative f an embassy level, and the meetings are held at least once a week. NATO played an important role in the solution of different conflicts that took place in the world starting from war in Korea and ending military campaigns in Iraq and Afghanistan. If during the years of the cold war the biggest attention was turned to resistance to the USSR military system based in Eastern Europe, than in the years of after cold war period it’s mostly directed on the preserving peace and stability in the world. Probably the coldest relations between the USA and USSR started during Kennedy’s office as disagreements with Soviets led to the missile crisis in Cuba. That was a turning point in the relations between two countries that resulted into two decades of real â€Å"Cold War†. Scared by the dislocation of military bases in Turkey and Greece Soviet ministry of defense on the head with country’s leader Nikita Khrushchev decided to locate Soviet missiles on the island of Cuba, where new revolutionary government was loyal to communistic ideology and was financed by the Soviets. Fortunately missile crisis was solved, but it put the seeds of more distrust and mutual fear both in NATO countries and countries of Warsaw Pact. How to cite American Participation in NATO, Papers

Legal Aspects of Oil Management

Question: Examine and evaluate the key areas and features that governments should focus on during their negotiation process and in the drafting of contracts with the International Oil Companies. Answer: Introduction Resource rich nations intend to use their natural resources for the purpose of securing funds for their development process. In doing so, the governments enter into contracts with international oil companies to explore, develop their resources. The oil companies as well as the government put a lot of efforts in order to understand the commercial and technical aspects of oil exploration. The very first challenge which the governments face is the negotiation process. Countries like Kazakhstan, Bolivia, Mexico and various other developing countries consider their oil and natural gas resources as assets belonging to the country as a whole and not to any private individual or entity. No matter whosoever owns the surface land and associated rights, the oil and gas resources are owned by the government and this very fact is enshrined in the laws of the nations. Nations which are rich in oil and natural gas resources try to magnetize the participation of the oil companies which possesses ade quate expertise and resources so as to exploit and properly market their resources. But while negotiating they face several problems as these companies are far more experienced in negotiating these type of contracts and also their knowledge about oil exploration is much high. In the process of negotiation the oil companies appear to be extremely motivated. They make every possible effort to reduce costs. The oil companies tend to tailor their process of negotiation depending on the political situation in the impugned country. The attitude of the oil companies in the negotiation process is generally found to be inflexible, aggressive and cynical. As far as the governments are concerned, negotiating contracts in the proper manner is essential. Three options are available to the governments for development of their natural resources. These include; creation of state companies for exploration, production and development. For instance countries like, Mexico, Oman, Saudi Arabia, Venezuela have done so; inviting foreign companies to explore their resources and in the process develop them, as in the case of Russia, Canada, United Kingdom. They may as well use a combination of these two ways. Countries like Kazakhstan, Nigeria and Indonesia have done so. Setting the Parameters Governments do not pay adequate attention to the negotiation process in spite of the intense interest and size of the stake holders. As far as the producing nation is concerned, a lot is at stake with these types of contracts. Governments generally engage experts to handle the complex issues in these types of contracts; like, lawyers for their knowledge of the legal field, engineers for their technical knowledge etc (Langford, 2014). Oil contracts emerge out of direct negotiations. There are various complex issues involved in an oil contract. Negotiations generally flourish on indecision. Such indecision is the result of lack of awareness of the probable oil find, the alienation of the negotiating partner or the incapability to make future predictions. Good negotiators are well aware that whatever the situation might be there is always a weak point, if made proper use of the said weak moment there is a high probability to win. While negotiating oil contracts various issues must be considered. These include; the dynamic nature of market, the exploration costs, the probable size of the fields etc. This is a never ending list. Expertise and judgmental power is needed to determine the priority of each and every issue and then to be able to strike a balance so that none of the contracts are identical to each other. Issues involved in the Negotiation Process The issues which arise during negotiation process may be put under two heads; one is the conflict zone and the other includes the factors which are not generally paid heed to during negotiation process. These factors are the environmental, social, political and economic. The company spends almost 90-90% time in this zone. This is the zone where the company feels in control and recruits skilled personnel (Radon, 2012). Dealing with the indigenous communities Apart from the two principal contracting parties, i.e., the oil companies and the governments, the oil negotiations are of great significance to various other groups or individuals. These groups include, owners of the surface land, many a time indigenous communities as they nowadays they have started demanding compensation for the disturbance and use of their property. Though such groups are not formally part of the said negotiation process yet their demands have to be taken into consideration while negotiating. The demands of the local communities have to be settled through these negotiation processes. They generally ask for either compensation or jobs offers. The oil companies usually make commitments to engage local labor and also to render support in development of the local communities (Likosky, 2009). These negotiations are invariably time consuming at the same time intense. These negotiations are many a time heated as well. Factor of Time The negotiations of oil contracts are to a great extent dependent on time responsive factors like present condition of the market in connection with the price of oil, the prevailing political and economic situation in the host country as well as on the probability as to how such factors would vary in future. Thus an oil contract must include such terms which would be able to survive the challenge of time by way of anticipation of foreseeable as well as unforeseeable demands and changes. For instance, Norway, which was known for its instability had to introduce tax regimes favorable to the oil companies so as to allure the oil companies to come and invest in the uncertain and geographically challenging terrains. But Norway did not endanger its future by making these tax regimes permanent and increased the taxes within three years. There is one simple solution to deal with the problem of insufficient arrangement in the ever changing situations; to ensure that the contracts are more rea ctive to the changing circumstances. With time domestic conditions prevailing in a country also tend to change (HM Government, 2013). The stability clause has to be drafted in such manner that the oil company may be compensated for the changes which take place in the laws, rules and regulations of a country. For instance, a country is made to comply with a new environmental policy the cost of oil exploration and development would increase consequently. The oil companies in such cases would have to be exempted from the compliance of such law and if in case such exemption is not possible, the government would have to reimburse the oil companies for the cost of compliance. The stability clauses are used by the oil companies to exclude the application of the laws of the host country. Even the jurisdiction of the courts of the host country is not applicable to these clauses. Expert Negotiators In order to select the personnel who would represent the negotiating team the government faces various problems. Negotiation is no less than an art which requires giving effect to a plan, good tactics as well as the ability to segregate negotiable factors like compensation from non negotiable factors like matters concerning regulation, considering and addressing the concerns of the oil companies. It is evident that the oil companies are under any circumstance in a better position as regards skill, finance and preparedness while negotiating with the governments. On the other hand, the resource rich developing nations do not possess adequate technical, financial or legal knowhow. The nations must treat the negotiations as an investment and attempt to hire independent, skilled as well as dedicated negotiators so as to be on the same footing as the oil companies in the negotiation process. But the oil rich developing countries often overlook the importance of engaging expert negotiators for the negotiation process. Oil contracts invariably require expert advice as they cover a wide range of complicated factors. The aim of the oil contracts should be to reach mutually agreeable and reasonable balance between the interests of the investor company as also the nation concerned. It may be stated that expert advice is the mantra for being able to make successful negotiations. Conflict of Interest In negotiating these types of contracts the government often faces conflict of interest. On one hand the government is expected to act as the protector of public interest by using its regulatory powers. The government is also required to create an investment friendly environment so as to magnetize investors which in turn would create employment and render economic growth (Haley, 2004). On the other hand being the signatory to a commercial oil contract the government acts as a business personnel with the intention of profit maximization. Thus the government on the one hand intends to maximize profits from oil negotiations and at the same time it has to find objects for its own regulations. This type of problem though may be manageable in a developed nation it might not be so in the case of developing nations. Transparency It is expected of the negotiators to maintain transparency in the process of negotiation. Transparency is in fact deemed to be the key aspect to increase public acceptability of contracts. Transparency in this context includes, disclosing the contractual terms as well as the consideration paid there under though certain matter must remain confidential for a specific duration of time. Transparency also serves as a way for doing away with corruptions associated with these contracts. It is transparency which prevents government officials to incorporate or accept to such terms in the oil contracts which might face criticism from the citizens (Brinsmead, n.d.). Form of Contract The form or the type of contract is a critical decision for the government. There are four types of contract which the government and the international oil companies may elect to adopt while making the agreement. These have been discussed as follows; Joint Ventures A joint venture comes into existence when two or more parties intend to enter into a joint venture undertaking. It is essential for the ones who are parties to a joint venture to understand the ways by which each conduct their business, their goals as well as interests. In the absence of such understanding it is almost impossible to come up with a joint venture agreement. Since joint ventures are open ended contracts, oil companies as well as the government of the host countries are less likely to enter into a joint venture agreement. Advantages for the government: In case a government of a host country enters into a joint venture agreement the only advantage it can avail of is that it does not have to make decisions all by itself and it has the liberty to count on the expertise of oil companies. In fact under this type of contract the government shares profits along with the oil company. Disadvantage: There is a flip side to this sharing process. Along with profits, costs and risks must also be shared. Thus under this type of contract the government of the host country happens to participate directly in the process of oil extraction. Production-Sharing Agreements (Also Referred To As PSA) The major characteristic of PSA is that under these type of agreements the oil ownership rests with the citizens of the host country and not with private entities. But the management and operation of the oil fields along with the associated risks rests with the oil companies. The terms regarding finances in a PSA are almost similar to that of a licensing agreement. The government of the host country is entitled to earn a signing bonus but such bonus is generally waived so as to earn profits in future. Under this type of agreement the government of the host country must reimburse the oil company as operating expenses. Recovery of costs for the current expenditure is immediate whereas the recovery of costs for capital investment is done over a period of many years. The oil companies usually have to bear taxes which fall under its share but the governments of the host countries often waive such taxes and are included in the governments share of profits. The success of a PSA would depend upon the accuracy of the legal framework of the host country. Advantages for host government: All risks under this type of agreement rests with the oil companies. Apart from the cost of negotiation the host government would not have to risk any other losses. Even if an oil exploration project fails the government of the host country does not have to bear losses. These type of contracts enable the government of the host country to earn profits without having to make investments unless it does so with its own accord. Disadvantages for host government: The very nature of the PSA is that it is an inclusive document and this very nature serves as a disadvantage for the host government. License or Concession Agreements These agreements have been introduced in the early 1900s. These are primarily one sided contracts. In the present times such contracts serve to grant the oil companies exclusive rights for exploration, development, sale as well as export of minerals and oil for a specified time period. The oil companies offer the host countries signing bonus for acquiring such rights. These contracts are often opted forms of contracts. Advantages: From the view point of a developing country the advantages of this type of contracts are considerable. These type of contracts are far more straightforward as compared to other forms of contracts. The extent of export support and advise required for entering into this type of contracts are also comparatively less. Disadvantages: The prime disadvantage of this type of contract from the viewpoint of a developing country is its commercial aspect. The bidding process is generally similar to an auction. The oil companies have to take risks regarding the price for the license. Service Agreements Over and above the above type of contractual arrangements service agreements may as well be entered into. The essence of this type of agreement is that it provides disbursement for particular services and tasks. This type of agreement would not be very useful for the long run. Terms of Contract Certain provisions common to all the above types of agreements have been discussed as under; Parties When one of the parties is the government, the choice of parties must be made carefully. In case the host government becomes a direct party it has to bear unlimited liability as well as direct responsibility. But the said liability may be restricted if one of the government enterprises is made a party. Work Program The oil companies tend to slow down the projects which it considers to be comparatively expensive. Thus the host government must insist on such a work plan which unambiguously lays down the circumstances under which a project may be delayed or shelved. Stabilization Stabilization provisions, if incorporated, proved to be highly disadvantageous for the oil companies as it makes the legal system of the country ineffective and the government may have to pay compensation to the investors. Termination The contract must unambiguously specify the circumstances under which the contract would be terminated. Conclusion At present the oil producing nations must invariably possess the professional know-how for negotiating oil contracts with the international oil companies. The negotiation process must at the same time be open. The companies have to make the oil companies feel secure as to the fact that they would be treated fairly. A sense of fair return and fair treatment would I the long run prove to be beneficial for the international oil companies in this competitive market.