What is Law?

What is Law? Law, in its widest sense, means and involves a uniformity of behavior, a constancy of happenings or a cause of events, rules of action, whether in the phenomena of nature or in the ways rational human beings. In its general sense law means an order of the universe, of events, of things or actions. In simple words, Law may be referred to as a body of rules that are determined and enforced by the state and that are intended to channel behaviour and to resolve certain adverse events. Thus a legal rule might forbid littering in a park and impose a Rs 500/- fine for its violation, might impose expectation damages for violation of a contract, or might declare murder a crime and punish it with a sentence of atleast of 10 years of imprisonment.[1] The effectiveness of law enforcement depends, other things being equal, on the magnitude of sanctions and on the probability with which they are imposed for violations. The magnitude of sanctions is chosen by the state and can be as high as the wealth of violator if monetary and as a life term if imprisonment. The probability of sanctions depends on the actions of private parties who might bring the suit if the violation is civil and on effort of public enforcement agents, otherwise.[2] Keeping a practical view in mind it is necessary to look into some definitions of law. Definations of Law: According to Salmond â€Å"the law may be defined as the body of the principles recognized and applied by the State in the administration of justice†. According to Austin, â€Å"A law, in the strict sense, is a general command of the sovereign individual or the sovereign body, issued to those in subjectivity and enforced by the physical power of the State. According to Austin, â€Å"law is the aggregate of rules set by men as politically superior or sovereign to men as politically subject†. According to Duguit, law is essentially and exclusively a social fact. It is in no sense a body of rules laying down rights. Foundation of law is in the essential requirements of the community life. Thus Duguits definition gives a moral dimension to law. Holmes J. says that â€Å"the prophesy of what Courts will do, in fact, and nothing more pretentious, are what I mean by law†. While Dias says, â€Å"Law consists largely of ‘ought’ (normative) propositions prescribing how people ought to behave. The ‘oughts’ of laws are variously dictated by social, moral, economic, political and other purposes†. Thus some definitions ascribe a moral quality to law while some don’t do so expressly. Thus it is necessary to look into what is morality. What is morality? Morality may be defined as Conformance to a recognized code, doctrine, or system of rules of what is right or wrong and to behave accordingly. No system of morality is accepted as universal, and the answers to the question What is morality? differ sharply from place to place, group to group, and time to time. For some it means conscious and deliberate effort in guiding ones conduct by reason based on fairness and religious beliefs. For others it is, what the majority then and there happen to like, and immorality is what they dislike.†[3] Morality may be equated with order and has as its object human actions that are ordered to one another and to some end. The idea of value (good or end) is the crux of any moral system since the concept of value is a primary concept in the order of our practical concepts, i.e., ultimate in its genus. Hence the moral act is a combination of the subject that makes the act (rational and free act) and the object that is intended (objective goods and values that result from this activity); objectively the moral act is made up of three elements-the object, the end and the circumstance. Therefore rational human nature is the norm of morality, and morality is the transformation of a known order of values. To put it quite succinctly, morality is nothing more than conformity with the rule which regulates human life: namely, the rule of reason. Thus the essence of morality is mans approach to his goal; mans particular goal is the perfection of his spiritual and moral nature and his ultimate goal is union with God.[4] In general a moral rule has it that, when a person obeys the rule, he will tend to feel the sentiment known as virtue, and if he disobeys the rule he will feel the sentiment known as guilt. A moral rule also has the property that, when a person obeys a rule and is observed to have done so by another party, that party may bestow praise on the first party who will enjoy the praise; and if the person disobeys the rule and is observed to have done so by another party, the second party will tend to disapprove the first party, who will dislike the disapproval.[5] Enforcement of moral rules comes about through internal incentives of virtue for obeying the rules and guilt for not doing so. Enforcement is also effected by external incentives, such as if a person believes that his conduct will be observed by others, who will reward him with praise for doing good or chastise him for not doing so, he will be lead to do good.[6] The effectiveness of enforcement of moral rules depends in part on the magnitude of moral incentives, i.e. on how much guilt and virtue, and admonition and praise, matter to individuals. The degree to which they matter is shaped by, and determined hand in hand with, socialization and inculcation that governs the absorption of rules themselves. In any case moral sanctions have definite limits. The effectiveness of moral incentives also depends on their likelihood of application, in respect to which one must distinguish the internal from the external moral incentives. The internal incentives of guilt and virtue function automatically for a person knows what he does and cannot hide from it. By contrast external incentives operate only if others observe conduct and respond with praise or disapproval.[7] Thus, with a basic idea of morality being presented, it is necessary to look into the relation between law and morality. A COMPARISION OF LAW AND MORALITY Law brings with itself some reflections of public morality, but can law be separated from morality? The relation between law and morality can beb understood only after looking at the views of Hart, Fuller and Benthem. Broadly there are two schools, the positivist, which feels that law and morality can be separated and the naturalist which feels the the two are inseperable. Gustav Radbruch, a Jew by birth lived in Germany prior to Second World War. He was a firm believer in â€Å"positivist† doctrine. After seeing the atrocities perpetrated by Nazi regime on the Jews under Nazi laws he changed his belief and became a staunch supporter of Natural Law Theory and exhorted everybody to discard the doctrine of the separation of law and morals.[8] This was also a provocation for Prof Hart to initiate this discourse. The conflicts faced by the German jurists in post war Germany, is well illustrated by a category of cases which may be called â€Å"informer cases†.[9] One such case is discussed by both Prof Hart and Prof Fuller. The case is as under [10] In 1944 a German soldier came home from far front for a short visit. In his conversation with his wife he criticized the Hitler government and Nazi Party. He even expressed his dismay that the man who attempted to assassinate Hitler did not succeed. During his long absence there were other men in her life and hence she was keen to get rid of her husband. After his departure to war front the wife reported his remarks to the local leader of the Nazi party. The husband was tried by a military tribunal and sentenced to death. However he was not executed. After a short period of imprisonment, he was sent to the front again. After the collapse of the Nazi regime, a case was initiated against for illegally depriving the husband of his freedom. After the collapse of the Nazi regime, the wife was brought to trial for having procured unlawfully the imprisonment of her husband. The wife’s defense was that she was required to furnish such information to the authorities under the Nazi statutes and she did not commit any crime. The court of appeal which decided the case held that the statute under which the wife was claiming protection was contrary to the sound conscience and sense of justice of all decent human beings.[11] Hence it was reasoned that she could not be given protection under such statute. This reasoning became a precedent in many other informer cases. This reasoning was followed in many cases which have been hailed as a triumph of the doctrines of natural law and as signaling the overthrow of positivism.[12] According to Prof Hart there were only two options: a) to let the woman go free because the statute protected her; b) to make a retrospective legislation repealing the statute under which she claimed protection.[13] Because retrospective legislation is anathema in most criminal justice system the woman should have been allowed to go free if integrity of judicial principles was to be preserved. Prof Hart considers it a cardinal mistake of the Court of Appeal to introduce the concept of morality of the law, under which she was claiming protection, to say that law was no law at all. Professor Hart’s views Prof Hart believes in the theories of law as put forward by jurists like Bentham and Austin. These jurists propounded utilitarian theory of law. Bentham and Austin, constantly insisted on the need to distinguish, firmly and with the maximum of clarity, law as it is from law as it ought to be.[14] Austin formulated the doctrine: The existence of law is one thing; its merit or demerit is another.[15] A judge deciding a case should go by law as it is. Prof. Hart points out that all cases may not fall exactly within the law as it is which he calls the ‘core’. There will be cases in the penumbra of law. Hart’s view is that morals can be an influential factor in deciding cases in the penumbra. Bentham criticized Natural Law theory on the ground that â€Å"the natural tendency of such a doctrine is to impel a man, by the force of conscience, to rise up in arms against any law whatever that he happens not to like†.[16] Bentham also feared that under natural law theory courts might be legally bound to decide in accordance with what they thought just or best.[17] Such an approach can lead to all round confusion. Prof Hart presents the discussion of separation of law and morals as a problem of separating â€Å"law as it is† and â€Å"law as it ought to be†. He criticizes natural law thinkers for ignoring this difference. â€Å"Prof Hart identifies the essentials of positivism as the following:[18] (i) The contention that laws are commands of human beings, (ii) The contention that there is no necessary connection between law and morals or law as it is and ought to be (iii) A legal system is a â€Å"closed logical system† in which correct legal decisions can be deduced by logical means from predetermined legal rules without reference to social aims, policies, moral standards, Prof Hart also deals with the issue lack of precision in the words used in any human language and the role of this factor in judicial interpretation. While applying legal rules to the facts of a case it become necessary quite often to decide the meaning of the words in a statute and to decide whether the words used covers the facts to be decided. Sometime â€Å"standard instances† of the words may not be sufficient to give proper effect to the law. Prof Hart calls these as â€Å"problems of the penumbra†.[19] Problems of penumbra cannot be solved by logical deduction. The criterion which makes a decision sound in such cases is some concept of what the law ought to be.[20] This is where a moral judgment is made about what law ought to be. This is called by Prof. Hart as necessary â€Å"intersection between law and morals†.[21] Prof Fuller’s views: Fuller on the other hand believes in the Natural Theory of Law and the moral foundations of a legal order. So for him law should always conform to the idea of God’s justice. He emphasizes the view point that fidelity to law can be achieved only if law is consistent with morals at all stages that is during its making and during its application by the court whether the case is in the core or the penumbra of law. The primary concern of Prof Hart is to preserve the integrity of the concept of law.[22] For Prof Fuller fidelity to law is of utmost importance. He argues that there will be fidelity to law only if laws are consistent with moral values of the people who have to follow law. People comply with law only if they are convinced that the law is for common good. That is to say for achieving fidelity to law, Law should have moral foundations. The Balance The conflict between law and morals came to sharp focus in the predicament faced by the German Court after the collapse of the Nazi Regime. It was not possible to declare all the laws made by the Nazi regime and actions of citizens in conformity with such laws to be illegal. This would have resulted in total destabilization of the society. On the other hand some of the laws made by Nazi regime was so repulsive to human morals that there was a need for disapproving actions taken in conformity with such wicked laws. There was also a need to send a message that the new regime does not approve all the wicked laws of the Nazi regime Thus on the one hand, there was a moral duty to obey law. On the other hand, there was a moral duty to do what people thought (after the war) was right and decent. The fundamental postulate of positivism that law must be strictly severed from morality seems to deny the possibility of any bridge between the obligation to obey law and other moral obligations.[23] Thus the German Courts faced a serious dilemma in restoring both respect for law and respect for justice. Essentially Radbruch saw the dilemma as that of meeting the demands of order, on the one hand, and those of good order, on the other.[24] Order by itself is no good unless it serves some purpose for the society. So we should not get obsessed with just order. At the same time in the process of seeking good order we should lose order itself leading to anarchy. As we seek to make our order good, we can remind ourselves that justice itself is impossible without order, and that we must not lose order itself in the attempt to make it good.[25] Thus we must strive for a balance. Homosexuality: â€Å"God created Adam and Eve, not Adam and Steve†[26] This quote summarises the attitude of morality developed along the lines of religion with regard to homosexuality. The Church has always condemned the practice of homosexuality vehemently. The Bible preaches that a man may not lie with a man in a way he lies with a woman.[27] Unlike the West, the Hindu society does not have the concept of sexual orientation that classifies males on the basis of who they desire. However, there is a strong, ancient concept of third gender, which is for individuals who have strong elements of both male and female in them. Sexuality between men (as distinct from third genders) has nevertheless thrived, mostly unspoken, informally, within mens spaces, without being seen as different in the way its seen in the West. [28] In India homosexuality was criminalized in 1861 by the Britishers through Section 377 of the India Penal Code. It criminalized carnal intercourse. Contemporary to the global movements for giving rights to the homosexuals, the Indian movement has also been running. In 2009 it got a huge success when the High Court of Delhi in Naz Foundation v. Govt. of NCT Delhi ruled the Section 377 of IPC as unconstitutional and thus decriminalized homosexuality. But in 2013 the Supreme Court of India overruled the judgement of the High Court of Delhi and recriminalized homosexuality. In the modern Indian society those opposing homosexuality argue that it is against morality and Indian culture. However if one delves into history one would easily find out that this homophobia was part of a more generalized attack on Indian sexual mores and practices undertaken by British missionaries as well as educators. It is evident not only in the anti-sodomy law introduced by the British in the Indian Penal Code of 1860 but also in the deliberate heterosexualization of entire literary canons and genres. This is one reason why modern institutions such as the police force, and educational as well as religious organizations today typically respond to same-sex unions with horror and even violence.[29] Thus, a slow and gradual change in morals lead to an inherent opposition among a large of population against homosexuality. This subsequently impacted the law as well. These acts of consensual homosexuality, which was once recognized as acceptable in the society thus became totally unacceptable. The major argument against the validity of Section 377 of the IPC in the Naz Foundation cases was that it violated right to life under Article 21, since the acts were consensual acts. Thus it was argued that since this rule violated a constitutional law which are part of the very basic laws of the land, the section should be declared void. However, on the other hand inspite of the fact that Section 377 of IPC is not contained in the chapter of offences against morality and is instead contained in the chapter on offences against body it was argued that these acts violated morality. Finally Section 377 was declared to be valid by the Supreme Court. Thus it is quite clear morality influenced the law against homosexuality. [1] Steven Shavell, Law versus Morality as Regulators of Conduct, 4 American Law Economic Review at 229. [2] Ibid. [3] Morality, Business Dictionary, http://www.businessdictionary.com/definition/morality.html#ixzz3ViKuh0pt , Accessed On 18th March, 2015. [4] Jurisprudence Law and Morality, Marquette Law Review, 1953, Vol 36, 319. [5] Steven Shavell, Law versus Morality as Regulators of Conduct, 4 American Law Economic Review at 230. [6] Ibid. [7] Supra note 5 at 232. [8] H.L.A. Hart, Positivism and the Separation of Law and Morals, 71 Harvard.Law.Review, 616 (1958) [9] Lon L. Fuller, Positivism and Fidelity to Law -A Reply to Professor Hart, 71 Harvarad Law Review, 658 (1958) [10] Supra note 8 at 618-619. [11] Supra note 8 at 619. [12] Ibid [13] Ibid [14] Supra note 8 at 594. [15] Id at 596. [16] Ibid.; See also BENTHAM. , A COMMENT ON THE COMMENTAR1ES 49 (1928) [17] Id. At 599. [18] Supra note 8 at 601-602. [19] Id. At 607. [20] Supra note 8 at 608. [21] Ibid. [22] Supra note 9 at 635. [23] Supra note 9 at 656. [24] Supra note 9 at 657. [25] Ibid. [26] Victoria Clarke, What about the children? arguments against lesbian and gay parenting,Womens Studies International Forums, 555-570 (2001) [27] Tennessee Nashville, The Book of Discipline of The United Methodist Church 161G (The United Methodist Publishing House 2010). [28] S Asthana and R. Oostvogels , The social construction of male homosexuality in India, February 15th 2014, http://linkinghub.elsevier.com/retrieve/pii/S0277953600001672 [29] Ruth Vanita, Same-sex wedings, Hindu traditions and modern India, Feminist Review, No. 91, pp. 47-60, (2009) Customer Care: Hilton Green Park Hotel Customer Care: Hilton Green Park Hotel The hotel that I have chosen is Hilton London Green Park Hotel. This hotel is situated approximately 45 minutes from Heathrow airport via tube and is located within the easy reach of all the local tourist attractions and major business centres a perfect combination of business as well as for tourist visit in London.(55) It majorly lies between two streets that is the oxford street and the Edgware road which connects to majority of the streets leading to central London and other parts. This makes it convenient for the people who want to go for meetings and or visit a potential business site. The interiors of the hotel are very classy and make it easy for a business traveller to get the max of what he wants, the entire hotel is non-smoking one and has a business centre to hold meetings right at the comfort of the hotel. Majority of the guests that frequent this hotel are tourist as this hotel lies exactly at the heart of London and majority of the tourist attractions like the Hyde Park, Kensington Gardens, Trafalgar square, oxford circus, etc are within the easy reach. The hotel has a full fledged concierge service which assists the guests in finding the best possible routes for guests and also gives them suggestions on which place they should visit and how can they go about. But many of the tourists dont like the fact that the entire hotel is a non-smoking hotel and also it has only 1 restaurant and 1 bar and has no other variety which the guest can see or experience, but just because of its brand and the location it still goes ahead and attracts a lot of people. (295) Customer care involves putting systems in place to maximise your customers satisfaction with your business. It should be a prime consideration for every business your sales and profitability depends on keeping your customers happy. (Business Link). What is customer care. Customer Care Policies are an integral part of any functioning business, there has to be some set rules and procedure which will act like a guide in fulfilling the goals and objectives of the hotel and more importantly lead to a customer satisfaction which is the top priority of any organisation. Depending on the type of organisation the types of services that may be offered might differ which includes but is not limited to telephone, help desks, after sales, service recovery, or may be a simple face to face conversation but all that matters is that the guests problems are given a ear and that they feel important and worth the stay. Today the market is very competent and the guests have a variety of choice to make so it is very important that companies have to go ahead and capture a major stake in the market and that is possible only if you retain the guest. Retention is only possible when the guest is satisfied and to be more elaborate the company today has to go beyond expectations or rather exceed expectations and that is possible only with strong customer care policies and it needs to be strictly adhered to and practiced devotionally. Abraham Lincoln once said I never had a policy; I just tried to do my very best each and every day so sometimes its not only about the policy but its on how you go beyond the policy to help the guests and thats what makes a lasting impression on the guests minds and he will certainly be a repeat guest for you.(400) Three customer care policies in Hilton London Green Park Hotel Quick and fast: As mentioned earlier this hotel usually caters to the needs of the business travellers and clients and hence they lay more emphasis on the needs of these guests by providing them quick check-ins and taking pre-authorisations (if required). Some of the basic things that they pay attention to are:- Giving them quite rooms away from the city roads, elevators and areas from where noise can be expected as these guests usually just come in for a night take rest and then leave for another destination. Providing them with the facilities of early breakfast in their rooms and giving them express check out facilities. Business travellers and guests are given more attention in terms of any grievances that they may have and hence service recovery procedures are in place which includes giving them free wine bottle, upgrades, or may even include a free night depending on the situation. Feel like home: It is said a hotel is a home away from home and hence this hotel emphasises on all the guest coming to this hotel for leisure and recreation purposes and hence the guest is preferably given a room which faces towards the city or has a park view but in either case the guest is asked for the preference of his/her room. The beds are designed in such a way that a family of three (including a kid) can easily manage to sleep on the bed. Local sightseeing and local runs are arranged by the concierge as per request. The facility to provide an extra bed/cot at a nominal rate is also available. What makes it more competitive and interesting is that all the children aged 18yrs and below get to stay free if they are accompanied by their parents or grandparents and children aged 10 years and below get their meals and drinks free plus there is a garden where the kids can spend their time. Feel like a king: This is one policy that Hilton hotel always emphasises on, knowing what the guest wants or expects and that too at the right time makes you a winner in the market segment. The hotel maintains a proper guest profile which includes some personal information about their choices and also about their birthdates etc. So if the guest is staying with them on their birthdays or their anniversary then they send them greeting cards, some gift hampers or a simple wine bottle to say we are happy for you. The gifts might not be that expensive in terms of the investment done by the guests but yes this is enough to wow a guest and will make him feel a part of the family. Also the long stayers and frequent visitors are contacted on regular basis and they are informed of any special promotions or offers that the hotel might be running at the moment. Effectiveness of customer care policies in the hotel Whenever a policy is in place it is of utmost importance that it needs to be evaluated for its effectiveness and whether that particular policy is really working for the organisation or not. Now this could be done in variety of ways which included taking customer feedback, polls, opinion surveys, etc these things makes the organisation realise where exactly they stand and what best could be done to prevent that. Most of the hotels usually focus on retaining the guests but Sarah Cook in her book Customer Care Excellence mentions that it is equally important to record the customer retention rate and also to analyse it on frequent basis. Hilton establishes a system called Hilton honours in which it can find out responses from its guests and what they are expecting in terms of hospitality organisation and also another program called Satisfaction and Loyalty Tracking (SALT) where they keep a constant track on how many guests returned back home satisfied and how many of them will be coming back to the hotel. This helps in identifying where they currently stand and how it is going to affect their business in the long run. Steel Industry in China | Analysis Steel Industry in China | Analysis Introduction Steel industry concerns to be a important basic industry influences a country’s national economic and the overall national strength. The development of steel industry has directly related to defense industry, construction industry, machinery industry, shipbuilding industry, car industry, household electrical appliance industry, and other industries. In recent years, Chinas steel industry structure has been optimized, the process on elimination of backward production capacity smoothly; industrial concentration has continuously improved; and the industrial layout has been optimized. At present, Chinas steel industry dominated the formation of large enterprises, and SMEs coexist production organization pattern. The steel industry layout gradually close the strategic layout of the changes in the market to international and domestic resources. Chinas steel industry has rapid development of foreign trade; the exports of steel product structure was further optimized; export countries and regions are continue to expand. It achieved changing from a net importer to a net exporter. Even though the steel industry looks been recovered, and the government put a lot of efforts inside, it still have many problems to solve. I will do some background research of steel industry in china and find out the problem china steel industry will face especially the problem they faced during the recovery after 2008 economic crisis. In additional I will also try to find out the reason which lead to those problems and how China steel companies faced this situation and what is their solutions. In this project, firstly I will analyze, evaluate, and summarize scholarly materials link to China industry. However, this proposal will just analysis three parts: pollution problem, the contradiction between industry demand and supply, and the forecast of the industry’s develop. Then it will demonstrate the main objective of this whole project. After that I will examine the methodology and methods I will use in future project, such as what kind of data I will use and how the data will be analysis. Later, I will draw some limitations and problems may faced during the research. Finally the discussion and conclusion will show the result I have got currently. Literature review With the shift of international industry and the rapid development of China economic, as Sheng and Song (2012) said, â€Å"rapid expansion of China’s steel industry has been remarkable in terms of both the speed and scale of its development.† Liang, Zhang, Fujita, Ohnishi, Li, Fujii, and Dong (2013) mentioned that the total production of crude steel in China had grown from 95.36 million tons to 567.84 million tons from 1995 to 2009, and become the world’s largest producer. In 2012, China has produced 716.54 millions of crude steel, grew by 3.1 percent on last years same period; production of steel (including repeated material) 951.86 million tons, grew by 7.7 percent on last years same period. From January to November of 2013, china had produced 712.86 million of crude steel, grew by 7.8 percent on last years same period. production of steel 978.78 million tons, grew by 11.5 percent on last years same period. However, these kind of development has a price to pay. As Pauliuk, Milford, MuÃÅ'ˆller, and Allwood(2013) said, 25 per cent of ca. industrial and 9 per cent of anthropogenic energy and process related greenhouse gas emission are accounted for steel production. In order to mitigate the climate change, the future production growth of steel may decline. Ma, Evans, Fuller and Stewart (2002) pointed out that steel industry is energy intensive. The expansion of China has resulted a large increase in energy input, especially from the coal. This leads to several environmental problems. Liang, Zhang, Fujita, Ohnishi, Li, Fujii, and Dong(2013) also pointed out that the booming energy consumption and environmental pollution emissions are serious problems for steel industry. The co2 emission (1.17 billion tons) of china steel industry weighted 16.29 per cent of Chinese total co2 emission in 2009. Its nearly equal to Japanese co2 emission(1.2 billion tons); and it also share half of the worl d steel industry’s co2 emission. The danger of those environment has been recognized by Chinese government, in order to solve these problems, they have came out many policies, with particular emphasis on the energy- intensive heavy industries. After that, the energy consumption per unit of output of steel industry has declined. Mohanty’s(1997) research has showed that the government’s energy conservation program is the most important reason of this decline. Marketline(2013) examined that the steel market consists of the production of crude steel in the stated country or region. Influenced by 2008 world economic crisis, China steel industry has also suffered a depression. After that, it recovered from a contraction in value in 2009, the Chinese steel market posted a double digit growth in the 2010-11 period. The compound annual growth rate(CARC) of the market was 9.3% in the period 2008–12. However, the market declined again in 2012 because of the price falling. It shrank by 2.9% in 2012 and reached a value of $530,838.2 million. This total revenues representing a compound annual growth rate (CAGR) of 9.3% between 2008 and 2012. During this period, the Japanese market declined with a compound annual rate of change of -2.6%, and the Indian market increased with CAGR of 7.5% Even though the production have recovered to a double digit growth during this period, the market supply is not recovery as fast as the production. This caused significant increase of the steel storage, the contradiction between industry demand and supply get worse. This situation leads to falling of the steel price. However, the current situation of steel industry is not very optimistic. The forecast of 2012-2017 is still hopefully. The markets volume is expected to rise to 988.0 million units by the end of 2017, representing a CAGR of 6.6% for the 2012-2017 period. The performance of the market is forecast to decelerate, with an anticipated CAGR of 8.7% for the five-year period 2012 2017, which is expected to drive the market to a value of $806.8bn by the end of 2017. Comparatively, the Japanese and Indian markets will grow with CAGRs of 2.6% and 7.5% respectively, over the same period, to reach respective values of $90.1bn and $82.4bn in 2017. ( Marketline, 2013) Research Questions and Objectives The research aims to address the following research questions: What is the circumstance of the development of china steel industry from 1990s’? What is the problems china steel industry faced? How can china steel industry fully recovery from the economic crisis? What is a good way for Chinese company related to steel to survive under current situation. This research aim to compare the situation before and after 2008 global economic crisis. In additional, it aim to find out the problems steel industry faced after the crisis and the reason cause these problems, and then the solution for these problems Methodology 3.1  Data collection Two types of research are used in this article. These are primary research and secondary research respectively. The primary resource is from questionnaire and interview. In this research, I will try to collected the primary data through the use of a self-administered questionnaire . The questionnaires will be distributed to the sampled respondents through a combination of the Internet and face to face interview as appropriate. Distribution through the Internet is expected to be more secured and cost effective. The secondary resource is search for information from other people’s opinion, such as library website, reading academic books and journal articles. The above section which is the literature review is the secondary resource. There are three types of data, which are quantitative data, qualitative data and mixed data. These are the tools of measure in aspect of questionnaire, the quantitative will be used in the closed questions of questionnaire, and it could better to collect the information whether people prefer to choose some aspects, and it also could illustrate the trend of this problem. The qualitative could match the opened questions of questionnaire, it because could determine the nature of people, it could better to research the suggestions or reasons, detailed data is collected through open questions that provide direct choice. This is different the quantitative, quantitative is to through the limited and objective method to compare and predictions, and find the trend of problems. Furthermore, the mixed data is both quantitative and qualitative. Data analysis Firstly, regarding of the primary research, results of questionnaire was collected, and graphs were used, such as pie charts, bar charts and tables. Statistical data which is from questionnaire shows consequence of what is found. Secondly, regarding of the secondary research, notes of relevant sections was taken and summarized, critical, analysis. Finally, comparing primary and secondary resource, they are similar or not. Analyzing reasons why the consequence is similar or not. Limitations and problems of the research Firstly, during this research, the primary data collection may face a big problem. This is because the topic of this project is about steel industry analysis. I think it is hard to design a questionnaire which most of people will have their answer easily. This topic is not a topic that most of people will pay attention and familiar with. Therefore, when I collect the primary data, may face some people are not familiar with, this will cause the decrease of data’s reality. Secondly, the territory limitation also concern to a problem. This research is focus on steel industry in china, whereby the project will finish in UK. When I collect primary data, may face the problem of local people may not familiar with China’s economic situation. At the same time, big amount of secondary data are in Chinese which I cannot use in this project. However, I can benefit from reading Chinese data, it help me to understand more and consider more about this topic. Finally, the language barrier concerns to a big problem I faced during doing this project. English is not my mother tongue make me face more difficulties during reading secondary data. Sometimes I will misunderstanding the sentences, also it include many academic vocabulary which I cannot understand as well. Conclusion In conclude, as the research I currently get, one of problem the china steel industry faced is the environment pollution. Accompany with government control, pollution do has reduced. However, government control is a passive way for steel industry to change. At the same time, steel industry should recognize this problem by itself, and try to improve the way of production in order to reduce the pollution. Second problem has been analyzed in the proposal is the contradiction between industry demand and supply. This is a big problem china steel industry faced. The supply significantly exceeds demand. It leads to the price of steel continuous falling down and may become a vicious. However, according to government’s macro-control and the change of global market, we should hold a positive attitude towards to the future. References: 1. Pauliuk, S., Milford, R.L., MuÃÅ'ˆller, D.B. and Allwood, J.M. (2013) The Steel Scrap Age.Environmental Science Technology. 47 (7), pp. 2448-3454. . 2. Liang, D., Zhang, H., Fujita, T., Ohnishi, S., Li, H.Q., Fujii, M. and Dong, H.J. (2013) Environmental and economic gains of industrial symbiosis for chinese iron/steel industry: kawasaki’s experience and practice in liuzhou and jinan.Journal of Cleaner Production. 59, pp. 226-238. 3. Sheng, Y. and Song, L.G. (2012) Re-estimation of à ¯Ã‚ ¬Ã‚ rms total factor productivity in chinas iron and steel industry.China Economic Review. 24, pp. 177-188. 4. Ma, J.L., Evans, D.G., Fuller, R.J. and Stewart, D.F. (2002) Technical efficiency and productivity change of chinas iron and steel industry. International Journal of Production Economics. 76 (3), pp. 293-312. 5. Wei, M., Liao, H. and fan, Y. (2007) An empirical analysis of energy efficiency in chinas iron and steel sector.Energy. 32 (12), pp. 2262-2270. 6. He, F., Zhang, Q.Z., Lei, J.S., Fu, W.H. and Xu, X.N. (2012) Energy efficiency and productivity change of china’s iron and steel industry: accounting for undesirable outputs.Energy Policy. 54, pp. 204-213. 7. 15oct 2013 Steel in china marketline 8. Mohanty. B (1997) Technology, Energy Efficiency and Environmental Externalities in the Iron and Steel Industry, School of Environment, Resources and Development, Asian Institute of Technology, Bangkok 9. Yin, X. and Chen, W. (2013) Trends and development of steel demand in china: a bottom–up analysis.Resources Policy. 38 (4), pp. 407-415 10. Nucor Corp, (2006) Chinese overcapacity cause for sleeplessness.Metal Center News. 1 (46), pp. 31-32

We Should Allow Drilling in the Arctic National Wildlife Refuge (ANWR)

Over the last thirty years the United States has been faced with the problem of dependence on foreign countries for oil and the tight control that these exercise on the energy policies and economics of America. Many of these instances include: the oil embargos of the 1970s, the Iraqi invasion of Kuwait in 1990, and the terrorist attack on the World Trade Center in 2001. Since the 1970s, one solution offered to reduce our nation's dependence on foreign countries for oil has been opening up drilling in the Arctic National Wildlife Refuge (ANWR). Proponents say that drilling in ANWR would make the United States more self-sufficient in the area of energy, while at the same time not doing excessive damage to the environment of the area. Opponents of drilling in ANWR cite the environmental problems of off-shore drilling and maintain that this land should be left alone and allowed to stand as an environmental wonder. Given that some environmental groups do not mind allowing technology to i nvade the environment when it profits them and given the threats of global terror and the ever-increasing dependence our nation has on foreign oil, I believe it is in the best interests of the United States to open up the Arctic National Wildlife Refuge for oil drilling.   Ã‚  Ã‚  Ã‚  Ã‚  Before stating both sides of the argument, I would like to make two observations that I found interesting while researching from the book, Taking Sides. The first thing that I found interesting was that in an environmental science class and in an environmental science textbook, the two articles used to present the pros and cons of opening up oil drilling in ANWR were not written by environmentalists or scientists or even oil technology experts, but rather by an economist, a physicist and a lawyer. The second thing that ran through my head as I was reading both articles was the time at which both were written. ?To Drill or Not to Drill: Let the Environmentalist Decide,? written by Dwight R. Lee, a professor of economics, and ?Fools Gold in Alaska,? written by physicist Amory B. Lovins and lawyer L. Hunter Lovins, were both written in the months prior to the September eleventh terrorist attacks in the United States and the subsequent United States invasion of both A fghanistan and Iraq. As I read both articles, especially that of the Lovins, which opposes oil drilling in ANWR, I could not help but wonder if ... ... we may see a serious act in the near future to start the process of drilling. With a solid combination and profitability factor the U.S. could prevent the rising gasoline prices. We need to however, continue our search for other alternatives do to our limited resource of oil. For this reason, I am in favor of opening up the Arctic National Wildlife Refuge to oil drilling and also the exploration of alternative fuel sources, as well as ways to conserve fuel. This combination should provide the United States with an energy policy that is both financially stable and environmentally sound.   Ã‚  Ã‚  Ã‚  Ã‚   Works Cited Cunningham, William P. Cunningham, Mary Ann and Saigo, Barbara. Environmental Science, A Global Concern. McGraw-Hill. New York, NY. 2005. Easton, Thomas A. and Goldfarb, Theordore D. Taking Sides. McGraw-Hill/Dushkin. Guilford, Connecticut. 2004. Hayek, F.A. Individualism and Economic Order. The University of Chicago Press. Chicago and London. 1948. Lee, Dwight R. ?To Drill or Not to Drill: Let the Environmentalists Decide.? The Independent Review. Fall 2001. Lovins, Amory B and Lovins, L. Hunter. ?Fool's Gold in Alaska.? Foreign Affairs. July/August 2001.

Meaning of Public Enterprises

MEANING OF PUBLIC ENTERPRISES As state earlier, the business units owned, managed and controlled by the central, state or local government are termed as public sector enterprises or public enterprises. These are also known as public sector undertakings. A public sector enterprise may be defined as any commercial or industrial undertaking owned and managed by the government with a view to maximize social welfare and uphold the public interest.Public enterprises consist of nationalized private sector enterprises, such as, banks, Life Insurance Corporation of India and the new enterprises set up by the government such as Hindustan Machine Tools (HMT), Gas Authority of India (GAIL), State Trading Corporation (STC) etc. CHARACTERISTICS OF PUBLIC ENTERPRISES Looking at the nature of the public enterprises their basic characteristics can be summarized as follows: A. State control:  The public enterprises are financed, owned and managed by the government may be a central or state governmen t.B. Rendering service:  The primary objective of the establishment of public enterprises is to serve the public at large by supplying the essential goods at a reasonable price and creating employment opportunities. C. Government Ownership and Management: The public enterprises are owned and managed by the central or state government, or by the local authority. The government may either wholly own the public enterprises or the ownership may partly be with the government and partly with the private industrialists and the public.Autonomous or semi-autonomous organization:  Public enterprise is an autonomous or semi-autonomous organization because some enterprises work under the direct control of the government and some organizations are established under statutes and companies act. D. Financed from Government Funds: The public enterprises get their capital from Government Funds and the government has to make provision for their capital in its budget, they become financially indepe ndent by arranging finance for day-to-day operation. E. Public Welfare: Public enterprises are not guided by profit motive.Their major focus is on providing the service or commodity at reasonable prices. Take the case of Indian Oil Corporation or Gas Authority of India Limited (GAIL). They provide petroleum and gas at subsidized prices to the public. F. Monopoly Enterprises:  In some specific cases private sectors are not allowed and as such the public enterprises enjoy monopoly in operation. G. Public Utility Services: Public sector enterprises concentrate on providing public utility services like transport, electricity, telecommunication etc. H.Public Accountability: Public enterprises are governed by public policies formulated by the government and are accountable to the legislature. The state enterprises are liable to the general public for their performances because they are responsible for the nation. I. Excessive Formalities: The government rules and regulations force the p ublic enterprises to observe excessive formalities in their operations. This makes the task of management very sensitive and cumbersome. J. A direct channel for use of Foreign money:  Sometimes the government receive foreign assistance from industrially advanced countries for the development of industries.These advances received are spent through public enterprises. K. Agent for implementing government plans:  The public enterprises run as per the whims of the government and as such the economic policies and plans of the government are implemented through public enterprises. DIFFERENCE BETWEEN PRIVATE AND PUBLIC SECTOR ENTERPRISES By private sector, we mean, economic and social activities undertaken privately by a single individual or group of individuals. They prefer to do business in private sector basically to earn profit.On the other hand public sector refers to economic and social activities undertaken by public authorities. The enterprises in public sector are set up with the main aim of protecting public interest. Profit earning comes next. Besides the difference in the objective, the enterprises in both these sectors also differ in many other aspects. In this section let us know the differences between the enterprises of public sector and private sector. Basis of difference| Private sector enterprises| Public sector enterprises| Objective| Maximization of profit| Maximize social welfare and ensure alanced economic development| Ownership| Owned by individuals| Owned by Government| Management| Managed by owner and professional managers| Managed by Government| Capital| Raised by owners through loans, private sources and public issues| Raised from government funds and sometimes through public issues| Area of Operation| Operates in all areas with adequate return on investment| Operates in basic and public utility sectors| FORMS OF ORGANISATION OF PUBLIC ENTERPRISES There are three different forms of organization used for the public sector enterprises in India.These are (1) Departmental Undertaking; (2) Statutory (or Public) Corporation, and (3) Government Company. Departmental Undertaking form of organization is primarily used for provision of essential services such as railways, postal services, broadcasting etc. Such organizations function under the overall control of a ministry of the Government and are financed and controlled in the same way as any other government department. This form is considered suitable for activities where the government desires to have control over them in view of the public interest.Statutory Corporation (or public corporation) refers to a corporate body created by the Parliament or State Legislature by a special Act which defines its powers, functions and pattern of management. Statutory Corporation is also known as public corporation. Its capital is wholly provided by the government. Examples of such organizations are Life Insurance Corporation of India, State Trading Corporation etc. Government Com pany refers to the company in which 51 percent or more of the paid up capital is held by the government.It is registered under the Companies Act and is fully governed by the provisions of the Act. Most business units owned and managed by government fall in this category. DEPARTMENTAL UNDERTAKINGS Departmental undertakings are the oldest among the public enterprises. A departmental undertaking is organized, managed and financed by the Government. It is controlled by a specific department of the government. Each such department is headed by a minister. All policy matters and other important decisions are taken by the controlling ministry.The Parliament lays down the general policy for such undertakings. FEATURES OF DEPARTMENTAL UNDERTAKINGS The main features of departmental undertakings are as follows: (a) It is established by the government and its overall control rests with the minister. (b) It is a part of the government and is managed like any other government department. (c) It i s financed through government funds. (d) It is subject to budgetary, accounting and audit control. (e) Its policy is laid down by the government and it is accountable to the legislature.MERITS OF DEPARTMENTAL UNDERTAKINGS The following are the merits of departmental undertakings:- (a) Fulfillment of Social Objectives: The government has total control over these undertakings. As such it can fulfill its social and economic objectives. For example, opening of post offices in far off places, broadcasting and telecasting programmes, which may lead to the social, economic and intellectual development of the people are the social objectives that the departmental undertakings try to fulfill. b) Responsible to Legislature: Questions may be asked about the working of departmental undertaking in the parliament and the concerned minister has to satisfy the public with his replies. As such they cannot take any step, which may harm the interest of any particular group of public. These undertaking s are responsible to the public through the parliament. (c) Control Over Economic Activities: It helps the government to exercise control over the specialized economic activities and can act as instrument of making social and economic policy. d) Contribution to Government Revenue: The surplus, if any, of the departmental undertakings belong to the government. This leads to increase in government income. Similarly, if there is deficiency, it is to be met by the government. (e) Little Scope for Misuse of Funds: Since such undertakings are subject to budgetary accounting and audit control, the possibilities of misuse of their funds are considerably reduced. LIMITATIONS OF DEPARTMENTAL UNDERTAKINGS Departmental undertakings suffer from the following limitations: (a) TheInfluence of Bureaucracy: On account of government control, a departmental undertaking suffers from all the ills of bureaucratic functioning. For instance, government permission is required for each expenditure, observanc e of government decisions regarding appointment and promotion of the employees and so on. Because of these reasons important decisions get delayed, employees cannot be given instant promotion or punishment. On account of these reasons some difficulties come in the way of working of departmental undertakings. b) Excessive Parliamentary Control: On account of the Parliamentary control difficulties come in the way of day-to-day administration. This is also because questions are repeatedly asked in the parliament about the working of the undertaking. (c) Lack of Professional Expertise: The administrative officers who manage the affairs of the departmental undertakings do not generally have the business experience as well as expertise. Hence, these undertakings are not managed in a professional manner and suffer from deficiency leading to excessive drainage of public funds. d) Lack of Flexibility: Flexibility is necessary for a successful business so that the demand of the changing times may be fulfilled. But departmental undertakings lack flexibility because its policies cannot be changed instantly. (e) Inefficient Functioning: Such organizations suffer from inefficiency on account of incompetent staff and lack of adequate incentives to improve efficiency of the employees. STATUTORY CORPORATIONS The Statutory Corporation (or Public Corporation) refers to such organizations which are incorporated under the special Acts of the Parliament/State Legislative Assemblies.Its management pattern, its powers and functions, the area of activity, rules and regulations for its employees and its relationship with government departments, etc. are specified in the concerned Act. Examples of statutory corporations are State Bank of India, Life Insurance Corporation of India, Industrial Finance Corporation of India, etc. It may be noted that more than one corporation can also be established under the same Act. State Electricity Boards and State Financial Corporation fall in this ca tegory. FEATURES OF STATUTORY CORPORATIONSThe main features of Statutory Corporations are as follows: (a) It is incorporated under a special Act of Parliament or State Legislative Assembly. (b) It is an autonomous body and is free from government control in respect of its internal management. However, it is accountable to parliament and state legislature. (c) It has a separate legal existence. Its capital is wholly provided by the government. (d) It is managed by Board of Directors, which is composed of individuals who are trained and experienced in business management. The members of the board of Directors are nominated by the government. e) It is supposed to be self-sufficient in financial matters. However, in case of necessity it may take loan and/or seek assistance from the government. (f) The employees of these enterprises are recruited as per their own requirement by following the terms and conditions of recruitment decided by the Board. MERITS OF STATUTORY CORPORATIONS Statut ory Corporation as a form of organization for public enterprises has certain advantages that can be summarized as follows: (a) Expert Management: It has the advantages of both the departmental and private undertakings.These enterprises are run on business principles under the guidance of expert and experienced Directors. (b) Internal Autonomy: Government has no direct interference in the day-to-day management of these corporations. Decisions can be taken promptly without any hindrance. (c) Responsible to Parliament: Statutory organizations are responsible to Parliament. Their activities are watched by the press and the public. As such they have to maintain a high level of efficiency and accountability. (d) Flexibility: As these are independent in matters of management and finance, they enjoy adequate flexibility in their operation.This helps in ensuring good performance and operational results. (e) Promotion of National Interests: Statutory Corporations protect and promote national interests. The government is authorized to give policy directions to the statutory corporations under the provisions of the Acts governing them. (f) Easy to Raise Funds: Being government owned statutory bodies, they can easily get the required funds by issuing bonds etc. LIMITATIONS OF STATUTORY CORPORATIONS Having studied the merits of statutory corporations we may now look to its limitations also.The following limitations are observed in statutory corporations. (a) Government Interference: It is true that the greatest advantage of statutory corporation is its independence and flexibility, but it is found only on paper. In reality, there is excessive government interference in most of the matters. (b) Rigidity: The amendments to their activities and rights can be made only by the Parliament. This results in several impediments in business of the corporations to respond to the changing conditions and take bold decisions. c) Ignoring Commercial Approach: The statutory corporations us ually face little competition and lack motivation for good performance. Hence, they suffer from ignorance of commercial principles in managing their affairs. MERITS OF GOVERNMENT COMPANIES The merits of government company form of organizing a public enterprise are as follows: (a) Simple Procedure of Establishment: A government company, as compared to other public enterprises, can be easily formed as there is no need to get a bill passed by the parliament or state legislature.It can be formed simply by following the procedure laid down by the Companies Act. (b) Efficient Working on Business Lines: The government company can be run on business principles. It is fully independent in financial and administrative matters. Its Board of Directors usually consists of some professionals and independent persons of repute. (c) Efficient Management: As the Annual Report of the government company is placed before both the house of Parliament for discussion, its management is cautious in carrying out its activities and ensures efficiency in managing the business. d) Healthy Competition: These companies usually offer a healthy competition to private sector and thus, ensure availability of goods and services at reasonable prices without compromising on the quality. LIMITATIONS OF GOVERNMENT COMPANIES The government companies suffer from the following limitations: (a) Lack of Initiative: The management of government companies always have the fear of public accountability. As a result, they lack initiative in taking right decisions at the right time.Moreover, some directors may not take real interest in business for fear of public criticism. (b) Lack of Business Experience: In practice, the management of these companies is generally put into the hands of administrative service officers who often lack experience in managing the business organisation on professional lines. So, in most cases, they fail to achieve the required efficiency levels. (c) Change in Policies and Managemen t: The policies and management of these companies generally keep on changing with the change of government.Frequent change of rules, policies and procedures leads to an unhealthy situation of the business enterprises. IMPORTANCE OF PUBLIC SECTOR ENTERPRISES  § Balanced Regional Development  § Boost the basic industries of an economy.  § Concentrate on public welfare activities.  § Promote exports  § Price control of essential goods  § Limit the influence of private monopoly.  § Ensure security of the country.  § Minimize the economic inequalities.

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