Thursday, August 27, 2020
Control Of The Net Essay As an expert Internet distributer and energetic client of the Internet, I have gotten worried about laws like the Communications Decency Act of 1996 (CDA) that edit free discourse on the Internet. By endorsing the CDA, Congress has set up a point of reference which overlooks oversight guidelines for the Internet like those that exist for customary communicate media. Rewarding the Internet like communicate media is a grave mix-up on the grounds that the Internet is not normal for any data medium that has been made. My interests about Internet oversight incited me to compose Internet Censorship is Absurd and Unconstitutional. In the paper, I diagram why I accept that the Internet ought not be blue-penciled at all for two reasons. To start with, any law supporting oversight of the Internet is excessively expansive and unenforceable on this worldwide data medium. Second, Internet control is a break of First Amendment rights for those clients living in the United States. The exposition will give knowledge into why self guideline is the main suitable answer for the issues that have and will be introduced to the Internet. Would it be a good idea for it to be illicit to distribute writing with revolting substance on the Internet yet completely lawful to distribute that equivalent work in print? This inquiry has brought forth the discussion over Internet restriction, which is right now seething in the United States Congress just as in other political gatherings around the globe. The inquiry with regards to whether the Internet ought to be blue-penciled will keep on being bantered for a long time to come. Similarly as with any political theme, the discussion over Internet control has its limits. Numerous defenders of Internet oversight need exacting authority over this new data medium. Advocates of Internet restriction, for example, Senator Jim Exon (D-NE), co-creator of the Communications Decency Act (CDA), are supportive of establishing exacting laws controlling the Internet so as to secure kids: The Decency Act represents the reason that it isn't right to give sex entertainment to youngsters on PCs si milarly as it isn't right to do it on a traffic intersection or anyplace else (Exon). These advocates propose making laws for the Internet like those now set up for TV and radio. Those unequivocally contradicting Internet guidelines, for example, the Citizens Internet Empowerment Coalition (CIEC), declare that the Internet isn't care for a TV and ought not be directed like one. The two sides base their individual contentions on how they see the new data medium. In spite of the fact that the laws that Congress are proposing to direct the Internet are good natured, I emphatically accept that the Internet ought not be blue-penciled in light of the fact that any law infringing on the people groups option to free discourse is a conspicuous break of First Amendment rights and in light of the fact that laws restricting Internet discourse are excessively wide and unenforceable on this worldwide medium. To comprehend why lawmakers are endeavoring to blue pencil the Internet in spite of the w ay that it is foolish and Unconstitutional, one should initially see how the Internet became and how it adroitly functions. As indicated by Internet student of history Dave Kristula, the primary suspicions of the Internet started in the United States in 1969 as a system of four servers called the APRANET. ARPA (the Advanced Research Projects Agency), a division of the Department of Defense, made the ARPANET for military exploration with the goal that the data on the system would be decentralized and could endure an atomic strike. The system kept on developing in size and speed as innovation expanded throughout the following two decades. Norms started to set in, for example, the TCP/IP convention for arrange transmission of information. By 1990 the HyperText Transfer Protocol (HTTP) had been made to normalize the manner by which Internet archives are sent and gotten (Kristula). By 1994, the APRANET was disbanded, and the Internet turned into an open system interfacing in excess of 3, 000,000 PCs together around the world. Business associations started to offer administrations over the Internet, for example, web based requesting of pizzas (Kristula). At present, a huge number of organizations are currently internet offering items and administrations, for example, programming, equipment, books, games and grown-up situated photos. In spite of the fact that assessments differ, the accord is that the measure of suppliers and clients of the Internet has about multiplied every year since 1987 (Kristula). Since the Internet developed into
Saturday, August 22, 2020
Question: Examine about theBusiness Research Report Proposal for Final Research Proposal. Answer: Presentation: The matter of the travel industry is expanded since most recent two decades. The quantities of individuals visiting to the visitor places from the various nations are expanding ceaselessly. Because of accessibility of the great transportation offices, individuals visit the majority of the traveler spots of the world. Because of these reasons, the matter of the travel industry and related organizations such inn industry and related private ventures are expanding quickly. The sightseers puts close to the beach front territory are most loved spots of the visitors. A large portion of the sightseers lean toward the costal spots. Because of these reasons the investigation of the travel industry business is significant. There are such a large number of elements which influences the matter of the travel industry. To check the relationship among the various variables related with the travel industry is significant for understanding the subtleties of this industry. The Gold Coast in the Queens land, Australia is all around created visitor goal of the different people groups among the world. The greater part of the individuals visit this goal because of the excellent bright areas and other wonderful spots. The primary business of this city is the travel industry and there is gigantic income made because of heaps of voyagers visiting Gold Coast city of Australia. Business Research Topic For this business inquire about examination, we select the subject as the travel industry in the Gold Coast of the Australia. We need to examine the various variables identified with the travel industry in the Gold Coast in the Queensland Australia. We need to break down the various issues with respect to the travel industry in the Gold Coast city. We need to examine the quantity of guests or voyagers visiting the Gold Coast in the Australia. We likewise need to check whether the extent of the male and female is same in the voyagers who visit the Gold Coast. Additionally we need to investigate the case whether there is any essentialness distinction in the guests according to the diverse age gatherings. We need to check from which nation a large portion of the voyagers desired visiting Gold Coast city. Likewise, we need to examine a few information with respect to the convenience offices in the Gold Coast of the Australia. We will examine what will be normal consumption for the inn an d nourishment for the visitors visiting Gold Coast. Likewise, we will examine the information identified with some different factors identified with the travel industry in the Gold Coast in the Queensland Australia. Writing Review The Gold Coast is called as the amusement park capital of Australia. It has a lot of decisions to speak to all ages. It is the beach front city situated in the South East Queensland. This is the second most crowded city in the state. Because of the excellent areas, this is the most loved spot of the sightseers. This is the most well known goal of the people groups because of its radiant subtropical atmosphere, riding sea shores, channel and conduit frameworks, its skyscraper ruled horizon, amusement parks, nightlife, and rainforest. Because of lovely places it is the most loved goal for the film makers. The travel industry is the primary business for the Gold Coast. It produces aggregate of $2.5 million in income for every annum. This goal is the fifth most visited goal by the universal voyagers. The matter of the travel industry is grown generally in the Gold Coast. Transportation offices in the city are generally excellent and a wide range of other foundation is accessible in the c ity. Research Questions For this exploration study, it is critical to set up the examination questions. By utilizing this exploration addresses we will check the various cases by utilizing the factual investigation. For this examination study, the exploration questions are summed up as beneath: Is there any huge distinction in the quantity of male and female voyagers visiting the Gold Coast of Australia? Is there any critical contrast in the quantity of the travelers with the distinctive age gatherings? What is the normal use and normal remain of the visitors in the Gold Coast of Australia? Which sightseers place in the Gold Coast in the Australia most visited by the vacationers? Is there any addition in the quantity of guests in the Gold Coast of Australia? For checking these cases or research questions, we will utilize the correct research approachs and procedures which are talked about in the following subject. Research Methodologies and Techniques For this examination study, the initial step is to gather the information by utilizing the correct strategy for testing. With the end goal of assortment of information, we would utilize the straightforward arbitrary inspecting for the choice of the vacationers. The information ought to be gathered by utilizing the best possible strategy. We need to gather the information for the various factors, for example, number of days the vacationer remain in Gold Coast, all out consumption of the traveler in the Gold Coast, number of guests in the Gold Coast, and so on. With the end goal of assortment of the information for the quantity of voyagers visiting the Gold Coast we will utilize the administration asset. We have to utilize the various assets with the end goal of assortment of information. Additionally, we need to gather some data from the travelers. For this reason, we have to set up a solid and steady survey for gathering the data with respect to the voyagers. The poll ought to be sol id and steady and it ought to be reasonable to the travelers from various nations. There would be a language issue for the vast majority of the voyagers and in this manner it is imperative to interpret the survey in the various dialects with the goal that sightseers give the reaction in a simple way. It ought to be remembered that there would be no predisposition for the visitors from the various pieces of the globe. The gathered example should be illustrative of whole world. In the event that the gathered example contains predisposition, at that point we don't get the impartial outcomes for the exploration study. Additionally, it is critical to keep up the best possible example size. In the event that the example size is excessively little, at that point there would be one-sided results and these outcomes are not relevant or we can say that these appraisals are not valuable for additional investigation or examination in regards to the travel industry in the Gold Coast city of Austr alia. A Project Plan utilizing a Gantt Chart A Gantt outline is the diagram of the correct time the board for the various exercises remembered for the exploration study. For this exploration study we need to perform various exercises with the end goal of information assortment and information investigation. The general Gantt outline for this exploration venture is given as underneath: Movement Day 1 2 3 4 5 6 Investigation of visitor business in Gold Coast Information assortment - Interviews Information assortment - Questionnaire Information assortment - Telephonic Association of information in even arrangement Factual information investigation Research results Portrayal of the Research Process As a matter of first importance, we will choose the exploration theory or research inquiries for the examination study. Subsequent to choosing the exploration theory or focuses on the examination study, we will gather the information by utilizing the various techniques, for example, interviews, survey, telephonic meetings, and so forth. After assortment of the reactions from the visitors we will compose the whole information in the decidedly ready even organization. At that point by utilizing this information we will break down the information by utilizing the distinctive measurable apparatuses and techniques. We will utilize the enlightening measurements, graphical examination and inferential insights with the end goal of investigation of information gathered for the exploration study. We will utilize the diverse measurable tests to test the various cases under examination. After the measurable investigation, we will discover the examination results or the outcomes for the explorati on study in regards to the travel industry in the Gold Coast city of Queensland Australia. Information Collection and Analysis Methods For this exploration study, we will gather the information by utilizing the various techniques. We will utilize the poll for getting the reactions from the sightseers visiting the Gold Coast of Australia. Likewise, we will organize the basic meetings or telephonic meetings for assortment of the information from the visitors. Likewise, we will utilize the various assets with the end goal of assortment of information for the quantity of guests in the Gold Coast city. We will utilize the diverse approved offices for the information assets. After assortment of the information we will utilize the diverse factual strategies and methods. We will utilize the spellbinding insights for getting the general thought regarding the various factors remembered for the exploration study. Additionally, we will utilize the graphical examination for the various factors for getting the data with respect to the idea of the information for the factors identified with the travel industry in the Gold Coast ci ty of Australia. For checking the various cases in regards to the travel industry in the Gold Coast we will utilize the inferential measurements or the testing of speculation. We will utilize the diverse measurable tests for checking the cases. For checking the noteworthy contrast between the various components for the factors under investigation, we would utilize the one example t test or the two example t test. We will utilize the examination of change for checking the noteworthy contrast in the voyagers with various age gatherings. Likewise, we will utilize the connection and relapse examination for checking the connection between the various factors and estimation of the populace parameters with respect to the voyagers business in the Gold coast city of Australia. Expected Research Outcomes After factual investigation we will discover the exploration results for the examination study. For this examination study, the normal results for this stud
Friday, August 21, 2020
Essay Topics - Do Androids Dream of Electric Sheep?While your textbook might cover a lot of the basics of writing an essay, you may be wondering what essay topics do androids dream of. In this article, we'll examine some of the most common topics that people write about.Obviously, robots don't actually exist; so we'll start with some basic parts of fiction. In almost any story, someone is meant to solve a problem. Whether it's discovering the source of a gas leak or finding a way to overcome a common obstacle, you'll see characters working on problems and gathering resources to help them solve them.While you may not think of the United States in any different in different forms, each country's geographic landscape varies. Take a look at California's southern coast, for example. The terrain looks very different from the southern most portion of North Dakota or Montana.In almost all stories, there is a villain (perhaps someone who manipulates people's imaginations and hopes they never solve their problems) who plots, schemes, and undermines. If you're confused about who you should use as a villain in your own story, you can draw inspiration from what works for other writers. However, if your story takes place in your own country, using a typical American villain will probably not work.You should always use your imagination to support your fictional character when setting up the plot. There are a lot of differences between English grammar and German grammar, so you should be able to justify your actions in your story.In addition to having the main character come across something beyond their means, you should be able to motivate your reader to follow your characters throughout the story. Thoughinanimate objects such as computers may seem quite ordinary, you should be able to describe them and what they are capable of.On the other hand, the above mentioned 'do androids dream of electric sheep' may not be quite as important as essay topics which encourage readers to see the world differently. Do you like your television set black and white or color? Are you more attracted to genres such as mysteries or horror stories?While the essay topics in a story may not really mean anything, the other types of essay topics will add interest and help your readers understand the characters more. Remember, many readers find essay topics boring, so you'll want to add the kind of added interest they are looking for.
Monday, May 25, 2020
Description of the company ECS Federal Inc is an established, $250M professional services firm, delivering management and technical solutions across 30 Department of Defense (DOD) and Federal Civilian agencies. ECS invests in obtaining industry certifications for the corporate business, technical processes and project managers. Culture of the company ECS Federal Inc offers innovative, high-quality technical services and solutions to the clients through exceptionally qualified management and technical staff; craft solutions to meet the specific challenges of clients and enable them to benefit from the use of technology to meet their mission objectives; recognized by the customers as critical to their mission success; true partners in theÃ¢â¬ ¦show more contentÃ¢â¬ ¦My duties and responsibilities During the internship, my responsibilities included maintains payroll information in Accounting system; directs the collection, calculating, and entering data; prepares reports by compiling summaries of earnings, taxes, deductions, leave, disability, and nontaxable wages; determines payroll liabilities by approving the calculation of employee federal and state income and social security taxes, and employer s social security, unemployment; complies with federal, state, and local legal requirements by studying existing and new legislation; enforcing adherence to requirements; advising management on needed actions. My learning from the CPT experience and professional growth Towards the end of the CPT, I made a list of lessons I learned during my one year at the company. At first, when sending emails, double check the spelling and grammar before sending the email, people might upset if they notice some mistakes in the email. Avoid using Ã¢â¬Å"you should do XXXÃ¢â¬ , it would make people unhappy as they think you force them to do something. Being polite and showing people kindness goes a long way. Second, pay attention to details. When I file the tax report, I need file/pay on time and double check each number to make sure it is correct. If I made any mistakes, the company will get a penalty notice, which it is not good. And when I input data into the Accounting system, I need to make sure I didnÃ¢â¬â¢tShow MoreRelatedStaples Inc. Description.963 Words Ã |Ã 4 PagesSTAPLES INC. Description Staples Inc. was founded in 1985 and was incorporated on January 23, 1986, and has its headquarters in Framingham, Massachusetts (Liang, 2012). The company has three principal subdivisions: North American Stores and online, North American Commercial and International Operations encompassing 2000 stores globally in 26 nations. The corporation offers a comprehensive variety of merchandises that include: office provisions, business equipment merchandises and amenities, facilityRead MoreFederal Grant Money Creates An Interest Essay896 Words Ã |Ã 4 Pages Introduction Federal grant money creates an interest in the property it is used to purchase and/or improve. Westmoreland Human Opportunities, Inc. v. Walsh, 246 F.3d 233 (2001); In re Joliet-Will Cty. Cmty. Action Agency, 847 F.2d 430 (1988); Henry v. First Nat. Bank of Clarksdale, 595 F.2d 291 (1979). An agencyÃ¢â¬â¢s claim to an interest in property after the trustee has gone bankrupt or lost the mortgage is recognized by the courts, but may vary based on the terms of the grant. The less discretionRead MoreEssay on Discrimination and Food Chain Supermarkets1040 Words Ã |Ã 5 PagesIndividual Case Study Analysis, Case 10 Analyzing Promotion Data: Applying to 80% Rule Lakisha Richardson Ã¢â¬Æ' Abstract This analysis explains the thoughts and ideas about Case 10: Analyzing Promotion Data. It references the problems noted and within the case as well as the legal issues that apply. Based on the background and research, an overview of a solution to the problem and an implementation process to be executed by Tom Rutherford, HR director of Food Chain Supermarkets, Inc. can helpRead MoreAnalysis Of Jan Hughes, Plaintiff Appellant, V. Boston Scientific Corporation, Defendant Apellee1504 Words Ã |Ã 7 PagesCASE BRIEF Name of the Case and Citation Jan Hughes, Plaintiff-Appellant, v. Boston Scientific corporation, Defendant-Apellee., 631F .3d 762 (2011), United States Court of Appeals, Fifth Circuit (January 21, 2011) . Facts Boston scientific manufactured and sold HydroThermAblator (HTA), a medical device intended to treat menorrhagia or excess bleeding of uterine. The mechanism of action of the device involves the circulation of hot saline solution (194Ã ° f) into uterus through a closed cycle, theRead MoreAnalysis Of Jan Hughes, Plaintiff Appellant V, Boston Scientific Corporation, Defendant Apellee1629 Words Ã |Ã 7 PagesName of the Case and Citation: Jan Hughes, Plaintiff-Appellant v, Boston Scientific corporation, Defendant-Apellee., 631F .3d 762 (2011), United States Court of Appeals, Fifth Circuit (January 21, 2011) Facts: Boston Scientific was the producer and seller of HydroThermAblator (Ã¢â¬Å"HTAÃ¢â¬ ), a medical device marketed for treating menorrhagia, or excess uterine bleeding. The working of this device was by closed cycle circulation of hot saline solution at 194Ã ° F into and then flushing it from the uterusRead MoreBusiness Law: A Case Study1531 Words Ã |Ã 6 Pagesused in settling disputes. For cases, under $5,000.00, small claims court is utilized as a way to effectively litigate potential issues and come to a solution in a cost effective manner. This is when there are no attorneys present. Instead, each party will present their side of the story to the judge. They will bring forward their own witnesses and evidence to support their case. (Warner, 2012) To fully understand how it works requires carefully examining a case in small claims court. This willRead MoreThe Lead Forensics Investigator For Xyz, Inc.1597 Words Ã |Ã 7 PagesAs the lead forensics investigator for XYZ, Inc. I have just been informed that our client, HCC Partners in Life has undergone an apparent breach of its medical records system. Its IT security staff detected some discrepancies in the intrusion detection system (IDS) logs, which is an open source application called Snort that is run on a Linux platform. Furthermore, it is believed that the intrusion was made when the database administrator received a peculiar e-mail from human resources. This e-mailRead MoreRheaTeam B wk3 paper with IRAC975 Words Ã |Ã 4 PagesÃ¯ » ¿ Learning Team B Reflection: Week 3 IRAC Brief Learning Team B: Rhea Carson, Elspeth Flynn, Matthew Cable, Dusty Henson, Joseph Spurling LAW531 October 21, 2014 Janice Scott IRAC: Kirtsaeng v. John Wiley Sons Case Kirtsaeng v. John Wiley Sons Issue Whether first-sale doctrine codified in 17 U.S.C. Ã § 109(a) is applicable to John Wiley Sons copyrighted works manufactured and bought abroad, resold in the United States by Kirtsaeng without the ownerÃ¢â¬â¢s permission. Is this a violation ofRead MoreWorldcom, Inc. And Sprint Corporation Essay911 Words Ã |Ã 4 Pages Introduction On October 4, 1999, WorldCom, Inc. and Sprint announced their plans to merge of long-distance and telecommunication markets. It was $129 million deal, which raised concerns regarding how the merger of the two largest Internet backbone providers could affect the Internet markets. According to the case description, at the time of the agreement, the two companies were the second and third largest traditional long-distance telecommunication companies in the United States, and the firstRead MoreCase Analysis : Ã § 1011150 Words Ã |Ã 5 PagesÃ §101 cases are a particularly vexing subject for currently practicing patent attorneys. Specifically, there is a high state of flux with respect to patentable subject matter, causing uncertainty not only for attorneys, but also for inventors, investors, and engineers, whose life blood depends upon the patent system. A Ã¢â¬Å"101 conundrumÃ¢â¬ has resulted from Supreme CourtÃ¢â¬â¢s creation of ineligible categories of patentable subject ma tter. These categories are: abstract ideas, laws of nature, and naturally
Thursday, May 14, 2020
Gabriel GarcÃ a MÃ ¡rquez (1927 to 2014) was a Colombian writer, associated with the Magical Realism genre of narrative fiction and credited with reinvigorating Latin American writing. He won the Nobel prize for literature in 1982, for a body of work that included novels such as 100 Years of Solitude and Love in the Time of Cholera.Ã Ã Fast Facts: Gabriel GarcÃ a MÃ ¡rquez Full Name: Gabriel JosÃ © de la Concordia GarcÃ a MÃ ¡rquezAlso Known As: GaboBorn: March 6, 1927, in Aracataca, ColombiaDied: April 17, 2014, in Mexico City, MexicoSpouse: Mercedes Barcha Pardo, m. 1958Children: Rodrigo, b. 1959 and Gonzalo, b. 1962Ã Best-known Works: 100 Years of Solitude, Chronicle of a Death Foretold, Love in the Time of CholeraKey Accomplishments:Ã Nobel Prize for Literature, 1982, leading writer of magical realismQuote: Reality is also the myths of the common people. I realized that reality isnt just the police that kill people, but also everything that forms part of the life of the common people. Magical realism is a type of narrative fiction which blends a realistic picture of ordinary life with fantastic elements. Ghosts walk among us, say its practitioners: GarcÃ a MÃ ¡rquez wrote of these elements with a wry sense of humor, and an honest and unmistakable prose style.Ã Ã Early YearsÃ Gabriel JosÃ © de la Concordia GarcÃ a MÃ ¡rquez (known as Gabo) was born on March 6, 1927, in the town of Aracataca, Colombia near the Caribbean coast. He was the eldest of 12 children; his father was a postal clerk, telegraph operator, and itinerant pharmacist, and when GarcÃ a MÃ ¡rquez was 8, his parents moved away so his father could find a job. GarcÃ a MÃ ¡rquez was left to be raised in a large ramshackle house by his maternal grandparents. His grandfather Nicolas MÃ ¡rquez Mejia was a liberal activist and a colonel during Columbias Thousand Days War; his grandmother believed in magic and filled her grandsons head with superstitions and folk tales, dancing ghosts and spirits.Ã In an interview published in The Atlantic in 1973, GarcÃ a MÃ ¡rquez said he had always been a writer. Certainly, all of the elements of his youth were interwoven into GarcÃ a MÃ ¡rquezs fiction, a blend of history and mystery and politics that Mexican poet Pablo Neruda compared to Cervantess Don Quixote. Writing Career GarcÃ a MÃ ¡rquez was educated at a Jesuit college and in 1946, began studying for the law at the National University of Bogota. When the editor of the liberal magazine El Espectador wrote an opinion piece stating that Colombia had no talented young writers, GarcÃ a MÃ ¡rquez sent him a selection of short stories, which the editor published as Eyes of a Blue Dog.Ã A brief burst of success was interrupted by the assassination of Colombias president Jorge Eliecer Gaitan. In the following chaos, GarcÃ a MÃ ¡rquez left to become a journalist and investigative reporter in the Caribbean region, a role he would never give up. Exile from Colombia In 1954, GarcÃ a MÃ ¡rquez broke a news story about a sailor who survived the shipwreck of a Columbian Navy destroyer. Although the wreck had been attributed to a storm, the sailor reported that badly stowed illegal contraband from the US came loose and knocked eight of the crew overboard. The resulting scandal led to GarcÃ a MÃ ¡rquezs exile to Europe, where he continued writing short stories and news and magazine reports. In 1955, his first novel, Leafstorm (La Hojarasca) was published: it had been written seven years earlier but he could not find a publisher until then.Ã Marriage and Family GarcÃ a MÃ ¡rquez married Mercedes Barcha Pardo in 1958, and they had two children: Rodrigo, born 1959, now a television and film director in the U.S., and Gonzalo, born in Mexico City in 1962, now a graphic designer.Ã One Hundred Years of Solitude (1967)Ã GarcÃ a MÃ ¡rquez got the idea for his most famous work while he was driving from Mexico City to Acapulco. To get it written, he holed up for 18 months, while his family went into debt $12,000, but at the end, he had 1,300 pages of manuscript. The first Spanish edition sold out in a week, and over the next 30 years, it sold more than 25 million copies and has been translated into more than 30 languages.Ã The plot is set in Macondo, a town based on his own hometown of Aracataca, and its saga follows five generations of descendants of JosÃ © Arcadio BuendÃ a and his wife Ursula, and the city they founded. JosÃ © Arcadio BuendÃ a is based on GarcÃ a MÃ ¡rquezs own grandfather. Events in the story include a plague of insomnia, ghosts that grow old, a priest who levitates when he drinks hot chocolate, a woman who ascends into heaven while doing the laundry, and rain which lasts four years, 11 weeks and two days.Ã In a 1970 review of the English language version, Robert Keily of The New York Times said it was a novel so filled with humor, rich detail and startling distortion that it brings to mind the best of [William] Faulkner and GÃ ¼nter Grass.Ã This book is so well known, even Oprah has put it on her must-read book list. Political ActivismÃ GarcÃ a MÃ ¡rquez was an exile from Colombia for most of his adult life, mostly self-imposed, as a result of his anger and frustration over the violence that was taking over his country. He was a lifelong socialist, and a friend of Fidel Castros: he wrote for La Prensa in Havana, and always maintained personal ties with the communist party in Colombia, even though he never joined as a member. A Venezuelan newspaper sent him behind the Iron Curtain to the Balkan States, and he discovered that far from an ideal Communist life, the Eastern European people lived in terror.Ã He was repeatedly denied tourist visas to the United States because of his leftist leanings but was criticized by activists at home for not totally committing to communism. His first visit to the U.S. was the result of an invitation by President Bill Clinton to Marthas Vineyard. Later NovelsÃ In 1975, the dictator Augustin Pinochet came to power in Chile, and GarcÃ a MÃ ¡rquez swore he would never write another novel until Pinochet was gone. Pinochet was to remain in power a grueling 17 years, and by 1981, GarcÃ a MÃ ¡rquez realized that he was allowing Pinochet to censor him.Ã Chronicle of a Death Foretold was published in 1981, the retelling of a horrific murder of one of his childhood friends. The protagonist, a merry and peaceful, and openhearted son of a wealthy merchant, is hacked to death; the whole town knows in advance and cant (or wont) prevent it, even though the town doesnt really think hes guilty of the crime hes been accused of: a plague of inability to act. In 1986, Love in the Time of Cholera was published, a romantic narrative of two star-crossed lovers who meet but dont connect again for over 50 years. Cholera in the title refers to both the disease and anger taken to the extreme of warfare. Thomas Pynchon, reviewing the book in the New York Times, extolled the swing and translucency of writing, its slang and its classicism, the lyrical stretches and those end-of-sentence zingers.Ã Death and LegacyÃ In 1999, Gabriel GarcÃ a MÃ ¡rquez was diagnosed with lymphoma, but continued to write until 2004, when reviews of Memories of My Melancholy Whores were mixedÃ¢â¬âit was banned in Iran. After that, he slowly sank into dementia, dying in Mexico City on April 17, 2014.Ã In addition to his unforgettable prose works, GarcÃ a MÃ ¡rquez brought world attention to the Latin American literary scene, set up an International Film School near Havana, and a school of journalism on the Caribbean coast.Ã Notable PublicationsÃ 1947: Eyes of a Blue DogÃ 1955: Leafstorm, a family areÃ mourners at the burial of a doctor whose secret past makes the entire town want to humiliate the corpse1958: No One Writes to the Colonel, a retired army officer begins an apparently futile attempt to get his military pension1962: In Evil Hour, set during the La Violencia, a violent period in Colombia during the late 1940s and early 1950s1967: One Hundred Years of SolitudeÃ 1970: The Story of a Shipwrecked Sailor, a compilation of shipwreck scandal articles1975: Autumn of the Patriarch, a dictator rules for two centuries, an indictment of all the dictators plaguing Latin AmericaÃ Ã 1981: Chronicle of a Death ForetoldÃ Ã 1986: Love in the Time of CholeraÃ 1989: The General in the Labyrinth, account of the last years of the revolutionary hero Simon Bolivar1994: Love and Other Demons, an entire coastal town slips into communal madness1996: News of a Kidnapping, nonfiction report on the Colombian Medellin drug carte l2004: Memories of My Melancholy Whores, story of a 90-year-old journalists affair with a 14-year-old prostitute Sources Del Barco, Mandalit. Writer Gabriel Garcia Marquez, Who Gave Voice to Latin America, Dies. National Public Radio April 17, 2014. Print.Fetters, Ashley. The Origins of Gabriel Garcia Marquezs Magic Realism. The Atlantic April 17 2014. Print.Kandell, Jonathan. Gabriel GarcÃ a MÃ ¡rquez, Conjurer of Literary Magic, Dies at 87. The New York Times April 17, 2014. Print.Kennedy, William. The Yellow Trolley Car in Barcelona, and Other Visions. The Atlantic January 1973. Print.Kiely, Robert. Memory and Prophecy, Illusion and Reality Are Mixed and Made to Look the Same. The New York March 8, 1970. Print.TimesPynchon, Thomas. The Hearts Eternal Vow. The New York Times 1988: April 10. Print.Vargas Llosa, Mario. GarcÃ a MÃ ¡rquez: Historia De Un Deicidio. Barcelona-Caracas: Monte Avila Editores, 1971. Print.
Wednesday, May 6, 2020
Ã¢â¬Å"I fear the day that technology will surpass our human interaction. The world will have a generation of idiotsÃ¢â¬ -Albert Einstein. TodayÃ¢â¬â¢s day and age has produced, and still produces, some of the most intelligent people who have created and thought of the machines and theories that have forever changed life itself. With the creation of things such as computers, cell phones, television, and more, communication between people has never been easier, or so one would think. One popular interpretation of the quote describes the use of the term Ã¢â¬Å"idiotsÃ¢â¬ by stating that with the decline of social interaction, through technological advancements, people are no longer able to communicate and interpret situations in a proper way. Throughout timeÃ¢â¬ ¦show more contentÃ¢â¬ ¦Advancing childrenÃ¢â¬â¢s minds early in their education by using computers also creates issues with their abilities to interact with other kids and to work well in groups due to the isolati on of computerized learning and lack of social interaction. With the decline in traditional ways of teaching children through lectures, hard copies of activities, and group projects, it can be predicted that the patterns shown from studies already done on these topics will only continue, if it does not get worse. Children that start on this path often continue using the technologies they were introduced to at a young age. Growing up with the influence of technologies, things like social media and the need to stay connected to one another also follow. Staying connected over technologies can take the shape of many relationships. Three general ways of relationships or networks that provide for communication are, linear, random, and totally connected. Linear, is as the name applies, has the least amount of connections and maintains the most separation. Random is when relationships cannot be defined or explained. Lastly totally connected describes the network where every person is conn ected to one another (Lazer). Through these networks, global connections can be achieved. Global communications are described to have the ability to Ã¢â¬Å"motivate some of them to agitate for social change,Ã¢â¬ change as little as a change in a personÃ¢â¬â¢sShow MoreRelatedAdvantages And Disadvantages Of Technology In Education1218 Words Ã |Ã 5 Pagesgadgets and techno-era usages in all the aspects of life, it is highly convincible to use the same in education system as well. Though, this advancement is inevitable, still there are many fall-outs that the teachers and the education providers should look forward to. 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Tuesday, May 5, 2020
Questions: 1. a) Outline and discuss each partys likely legal rights and liabilities in relation to the first and second shipments by reference to Australian law and where applicable referring to the CISG.b) Would Sino Steel be entitled to terminate the remainder of the contract the April 2016 instalment and if so what consequences would follow?2. a)How might the parties best cooperate?b)Assuming that only the false certificate issued and that alternatively only the incorrect letter of credit issued, what would be the respective innocent partys legal rights?3.Outline and appraise the applicable GATT/WTO, bilateral and regional free trade agreement (AANZFTA), and WTO sanitary and phytosanitary (SPS) Agreement sourced rules which govern the Australia-Philippine banana trade and consider whether Australia can rely on strict SPS quarantine rules to discourage imports. Answers: 1. a) The General Rights and Obligations of Parties The Convention places a duty on any seller to avail the goods, provide the stipulated documents in relation to these goods and finally to hand over property in the goods upon completion of the contract (CISG, Art. 31). Additionally, the seller is obliged to deliver the goods in the quality and quantity described in the contract of sale (CISG, Art.35). In order to ensure the provisions with regard to quality and quantity are met, the Seller it required to inspect the goods prior to packaging or sealing them in the container as provided by the Convention. With the regard to the buyer, the general obligations include the duty to pay for the goods and the duty to take delivery as provided by Article 53 of the CISG Convention. Payment of goods constitutes undertaking the required formalities to facilitate payment such as applying for a letter of credit. Consequently, failure to adhere or fulfil either of the above obligations would constitute a breach of contract(Clayton Steven, 2016). However, the law provides for certain circumstances under which a party would be exempted from liability (United Nations Commission on International Trade, 1980). The First Shipment The first shipment, in February 2016, was characterised by a delay with the letter of credit at the sellers bank and a delay in shipment of the goods from the seller to the buyer. The issues arising based on this delay are first, whether a delay with the letter of credit constituted a lack of performance on the buyers part and secondly whether the delay in shipment gave rise to any liabilities against the seller. Letters of Credit A letter of credit is, usually, an irrevocable committal of a banking institution expressed to the seller on the buyers behalf expressing a promise to pay a certain sum upon the receipt of goods or items for sale(Richard, et al., 2012). The buyers bank issues a letter of credit in the sellers favour which is communicated through the sellers bank (Justin Bernard, 2014). Denning LJ illustrated the significance of letters of credit by stating that they assure the seller of payment upon delivery of goods and presentation of required documents and similarly ensure that payment is not made until the goods as described in the contract are delivered thus protecting the interests of both parties (Pavia Co. SpA v Thurmann-Nielson, 1952). In most cases, the application for a letter of credit is treated as a pre-requisite to the conveyance of goods and as such without it, a seller is not obliged to perform his duties as per the contract (Indira Stone, 2013). Letters of credit enjoy autonomy f rom the sales contract as illustrated in Maurice OMeara Co v National Park Bank of NY (1925) but are subject to the doctrine of strict compliance in that any documents presented to request payment should be in line with the descriptions provided in the letter of credit (Richard, et al., 2012). Additionally, Art.27 of the CISG provides that where either of the parties requires communication to be made with regard to the sale of goods, any delay or error encountered in transmitting this communication, where the appropriate measures have been taken on the senders part, will not disentitle the sending party from relying on the information. This is to say, that where errors occur but a party has done their part to ensure communication has passed, failure in transmission will not render them to have failed in performance. In the case study provided, there was a 14-day delay in receipt of the Letter of Credit at Queensland bank. The delay was however as a result of the errors at the sellers bank. The buyer had neither failed to apply nor send the letter of credit. From the discussion above, it can be adduced that where a letter of credit is a pre-requisite to performance and it is not applied for or issued, then the seller is not obligated to commence performance and the contract can even be avoided. However, the provision in Art.27 excludes the buyer, Sino Steel, from any liability because the delay in communicating the Letter of Credit was not as a result of their failure to perform their obligations but a failure in transmission by the sellers bank. The CISG seeks to unify as well as promote international trade, and as such, it provides for the extension of time to allow for the application and subsequent receipt of letters of credit or any other documents required to facilitate trade. Delay in Shipment A delay in shipment amounts to a delay in performance of the contract by the seller. The legal issue arising from the delay is the effect it will have on the contract and the legal rights available to the aggrieved party as a result of the delay. Art.33 of the CISG imposes an obligation on a seller to deliver goods within the time frame outlined by the contract. Failure to deliver subsequently constitutes a failure to perform. Where the seller fails or delays in performance, a buyer is open to a variety of remedies. Firstly, they may choose to allow additional time to facilitate performance, secondly they may file a claim for damages resulting from the losses suffered, they may also request a renegotiation in price by way of a discount or opt to avoid the contract where they find the losses suffered from the delay a fundamental breach of the contract(United Nations Commission on International Trade, 1980). In the scenario provided Sino Steel is entitled to all these remedies with regard to the delay in shipment by Ferrum Co. in February 2016. However, as the shipment was received, should Ferrum Co. decide to avoid the contract, they would still be obligated to pay for the goods they accepted. The Second Shipment The issues arising from the second shipment are whether the delay in loading, caused by flooding, led to any breach of performance on the sellers part. This will be decided by analysing force majeure and the rights and liabilities of parties to a contract with regard to frustrating events. The second shipment was also marred by error which led to the transportation of an inappropriate iron ore quality to the buyer. This error gives rise to the issue of conformity, inspection and certification which are obligations set out in law that a seller is to comply with while performing his end of a contract. Frustrating Events Under English Common Law, which is applied in Australia, frustration occurs where a contractual obligation cannot be executed, without either partys interference, as performance under the available circumstances would technically constitute a breach (Davis Contractors Ltd v Fareham Urban District Council, 1956). According to Viscount Simon LC in Joseph Constantine Steamship Line Ltd v Imperial Smelting Corp. Ltd , a frustrating even would normally terminate the contract, however, where a party continues to perform, they are entitled to remuneration (Robin Bath, 2009). Not every event which renders performance challenging constitutes a frustrating event(British Movietone News Ltd v London and District Cinemas Ltd , 1952). This doctrine is embodied in Article 79 of the CISG which refers to impediments without control. Under the convention, the existence of an impediment will not terminate the contract, but merely suspend it until it can be resumed (Robin Bath, 2009). Where a cl ause with regard to frustrating events is lacking, contracting parties can rely on Article 79 of the CISG which provides for exemption from liability for as long as the impediment exists(Justin Bernard, 2014). With regard to Ferrum Corps case, the flood can be said to constitute a frustrating event for which the exporter can rely on Article 79 to be exempted from liability as there is no express force majeure clause mentioned in the agreement. The flood was an unforeseen impediment to the sellers performance which neither he nor any reasonable person, could have predicted. Inspection, Certification and Conformity Inspection certificates are some of the documents received by the bank from a seller who wishes to claim payment by letter of credit (Robin Bath, 2009). The certificate affirms to the buyer that the goods were inspected prior to loading and upon testing complied with the description required by the contract (Justin Bernard, 2014). Sellers are expected to meet all the terms stipulated in the contract and outlined in the letter of credit in order to receive payment where certification is required (Richard, et al., 2009). The doctrine of strict compliance is applied in affirming whether the certificate provided adheres to the descriptions in the letter of credit(Richard, et al., 2009). Non-conformity, with regard to the quality of the product, imposes a liability on the seller according to the CISG Art. 36. In the case study provided, the first agreement required self-certification from Ferrum Corp. as to the quality of the iron ore. A loading error on the March 2016 instalment led to the inappropriate quality of iron ore being shipped. The quality of the iron ore was a contradiction to the Certificate of Inspection issued as well as the requirements of the letter of credit. In the steel industry, poor quality raw materials would lead to poor quality products consequently resulting in loss of profits as what they produce would be sold at a lower price. These facts provide justification for a breach of contract on the part of the seller. The loss in profits creates a detriment so great as to constitute a fundamental breach. However if the seller can prove that the shipping of the poor quality iron ore was a failure on the part of a third party and that he had done all that was required to ensure the right quality of product was shipped out and was unaware of the non-conformity, then he c an rely on Art.79 of the CISG to exempt himself from liability. The CISG provides alternative remedies such as a request for substitute conforming goods so as to ensure the contract is concluded and not terminated. b) The CISG, under article 29, provides for termination of a contract at any time on the agreement of both parties(Clayton Steven, 2016). Additionally, where an action or inaction of a party causes the other great detriment as to deprive them of his rights in the contract, the aggrieved party can opt to avoid the contract, discharging both parties of any future obligations(United Nations Commission on International Trade, 1980). Section V of the Convention outlines the expected consequences should a party opt to avoid a contract. However, where a party has performed their end of the bargain, to any given degree, they can claim restitution for the work done. If restitution cannot be made, then the contract cannot be avoided. Sino Steel can rely on these two provisions to terminate the contract relating to the third shipment expected in April. That is, should they wish to terminate the contract, a simple agreement with Ferrum Steel will suffice. If they opt to avoid the contract, they should ensure that they can completely compensate Ferrum Co. for the shipments made in February and March as well as any other claims due to them. 2. a) The challenges experienced in this scenario were caused by third parties and not as a result of the action or omission of the original parties to the contract. Art.79 excludes the parties from any liabilities caused by second parties. Cooperation would be best applied if they decide to liaise together to rectify the mistakes as well as institute action against the liable third parties. Termination of the contract based on third party errors would not be in the best interests of either party. The CISG provides guidelines to ensure continuity of the contract where such challenges arise. b) False Certificate A fraudulent employee at Gladstone Iron Testing led to the issuance of a false certificate whose assertions did not match the actual quality of the iron ore transported and therefore were in contradiction to the description in the Letter of Credit. The legal issue arising in this scenario is the effect of fraud by a third party on the contract as a whole. This will be decided by analysing how courts have dealt with fraudulent documents presented to claim payment on letters of credit. International trade law applies a strict doctrine of autonomy where letters of credit are considered independent of any sales contract and as such, any issuing bank is only concerned with the accuracy of the sellers documents and not the quality, quantity or legitimacy of the goods(Richard, et al., 2009). However, the strict nature of this doctrine is eased by the fraud exception which, according to Lord Diplock, applies where a beneficiary consciously presents documents containing fraudulent material to the confirming bank (United City Merchants (Investments) Ltd v Royal Bank of Canada (The American Accord), 1983). A confirming bank can however not decline to make a payment where it is convinced that the presented documents are congruent with the letter of credit(Richard, et al., 2009). Where a party is convinced of fraud, the onus is on them to prove it, which is usually difficult to establish as was the case in Hortico (Australia) Pty Ltd v Energy Equipment Co (Australia) Pty Ltd (1985) 1 NSW 545. According to English Law, fraud emanating from the actions of a third party will not be considered as fraud in the contract so as to have the effect of allowing a bank to deny payment(Richard, et al., 2009). In the case study provided, the fraudulent party was a third party to the contract whose services were sought to certify the quality of the ore. There is no evidence as to whether either of the contracting parties was involved or aware of any fraudulent activities, therefore neither can be held liable or denied performance as a result of the third parties actions. The innocent parties can file a suit to claim damages against Gladstone Iron Testing for providing a false certificate which led to a shipment containing an inappropriate quality of goods. Additionally, if the seller can provide proof that the buyer had colluded with the Gladstone employee for a false certificate of inspection, they will then be entitled to request the bank not to pay the seller on the ground of fraud. Incorrect Letter of Credit An error by a Shanghai Bank Officer led to the issuing of a letter of credit where none was required. This means that Queensland bank would receive a letter of credit entitling the seller to payment where no performance was required. The legal issue arising from this error is on of mistake. As has been repeatedly mentioned in the discussion above, CISGs main objective revolves around unifying and facilitating international trade and as such most of its remedies revolve around ensuring the continuance of the contract. Therefore, the mistake of issuing a letter of credit where none was required would not constitute a breach of contract so serious as to be considered fundamental and as such can be corrected through the cooperation of the parties to rectify it. 3. A Free Trade Agreement (FTA) is an international agreement that eradicates restrictions to trade and enables well-founded trade and commercial ties, thus increasing economic unity among member states ( Australian Government Department of Foreign Affairs and Trade, n.d.). It is created when two or more countries agree to do away with customs duties and other barriers to trade carried out among them(Richard, et al., 2009). Arte, extensive FTAs are significant in ensuring liberalisation of international trade and are expressly provided for under the World Trade Organisation (WTO) rules ( Australian Government Department of Foreign Affairs and Trade, n.d.). These rules require the removal of charges and other limitations in almost all trade in goods as well as the elimination of almost all discrimination with regard to services supplied with and by member states ( Australian Government Department of Foreign Affairs and Trade, n.d.). In this question, the paper aims to identify the var ious rules and agreements that would govern a mutual free trade agreement with regard to the banana industry between Australia and the Philippines. It will also seek to identify the possible Sanitary and Phytosanitary (SPS) Measures applicable by Australia and the effect they will have on trade. In doing this, the paper will rely on policies outlined in the General Agreement on Tariffs and Trade (GATT), the ASEAN-Australia-New Zealand Free Trade Agreement (AANZFTA) and the WTOs SPS Agreement. Rules and Policies Governing the Australian-Philippine Banana Industry The GATT was first established in 1947 and later revised in 1994 during the Uruguay Round as a framework to facilitate world trade (Matthias, 2016). It serves as the most important multilateral trade agreement and aims to liberalise international trade through the step by step elimination of restrictive trade practices and other defensive intrusions with regard to global as well as national market competition(Matthias, 2016). The basic principles of the GATT are non-discrimination and liberalisation(WTO, n.d.). Non-discrimination emanates in form of the Most-Favoured-Nation principle where a member is required to treat all members as equal, in that, if a favour is granted to one member, it should be granted to all others in the same situation (Kenneth, 2011). Another principle of non-discrimination is the National Treatment principle which required equal treatment of foreign and local traders. These principles are embodied in Articles 2 and 3 of the GATT respectively (WTO, n.d.). The WTO rules apply a balancing test with regard to the protection of the public versus the restriction of cross-border trade however, they tend to favour the eradication of restrictions over individual state protective measures as seen in Thailand Restrictions on Importation of Cigarettes Case (1991), where restriction to cigarette imports were seen as contravening the GATT. In the restriction of imports, a country can rely on the Escape Clause provided under Article XIX, which allows a country to depart from performing or upholding previous promises (Richard, et al., 2012). However, the escaping party must prove that their departure is due to injury caused by increased imports on its domestic producers as held in Argentina Safeguard Measures on Imports of Footwear (WTO 1999). In the case study provided, a free trade agreement between Australia and the Philippines will be a great step towards the liberation of international trade. It is expected, however, that both parties ensure non-discrimination in the trade of bananas both internationally and within their respective borders. Where a party is convinced, and can provide evidence to the same effect, that this agreement is detrimental to their local banana traders, and then a suspension can be granted by way of the Escape Clause so as to allow revision of the terms of trade. It is important to note however that, as the objective of GATT is the reduction of trade restrictions, any restrictions are likely to only apply until an alternative solution is obtained. The Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area, enforced in January 2010, remains to be the most purposeful and inclusive trade agreement negotiated by the region's members to date(Christopher, 2015). With regard to the sale of goods, the agreement upholds the provisions of the WTO while including more specific commitments as well as enhancing transparency. The SPS Measures provide that a country has every right to embark in protecting its human, animal and plant life or health, however, it cannot use this right to discriminate on trading activities with other countries(Richard, et al., 2012). Any SPS measure should conform to the international standards and guidelines provided by the WTO-SPS Agreements as well as those outlined in the GATT 1994(World Trade Organization, 1995). The measures should be transparent and based on proper scientific evidence (Department of Agriculture, Fisheries and Forestry, n.d.). They measures should balance the level of protection required, against the extent of restriction on trade(Department of Agriculture, Fisheries and Forestry, n.d.). In the case study provided, either of the parties has the right to employ SPS measures to protect its people, animals and plants. However, the restrictions employed are subject to various qualifications. Firstly, they should be consistent with the SPS Agreement as well as the rules on SPS measures outlined in the GATT 1994. Additionally, any proposed SPS measure should be accompanied by adequate scientific evidence to show threats to life and health that will emanate if the measure is not put in place. Most importantly, in as much as a party would like to apply protective measures, these measures should not be so restrictive as to curtail or discriminate on trade. With this in mind, it is evident that Australia can apply SPS measures, but the purpose of these measures should not be to restrict trade and neither should the measures be so strict as to constitute discrimination. Bibliography Australian Government Department of Foreign Affairs and Trade, n.d. Free Trade Agreements. [Online] Available at: https://dfat.gov.au/trade/agreements/Pages/about-ftas.aspx [Accessed 23 September 2016]. ASEAN, Australia and New Zealand, 2012. ASEAN-Australia-New Zealand Free Trade Agreement (AANZFTA). s.l.:s.n. Bonython v Commonwealth of Australia (1951) AC 201. British Movietone News Ltd v London and District Cinemas Ltd (1952) AC 166. Clayton Utz, 2015. Australian Contract Law. [Online] Available at: https://www.acc.com/legalresources/quickcounsel/australian-contract-law.cfm [Accessed 23 September 2016]. Clayton, P. G. Steven, D. W., 2016. The UN Convention on Contracts for the International Sale of Goods. s.l.:Cambridge University Press. Davis Contractors Ltd v Fareham Urban District Council (1956) AC 696. Department of Agriculture, Fisheries and Forestry, n.d. The WTO Sanitary and Phytosanitary (SPS) Agreement: Why You Need to Know, s.l.: Australian Government. Ewan, M. Qiao, L., 2015. Contract Law: Australian Edition. s.l.:Palgrave Macmillan. Finnish Fur Sales Co. Ltd v Juliette Shulof Furs Inc. (1991) 770 F. Supp.139 SNDY. Ghele, B., 2008. Dealing With the Unknown-Which Law Really Applies to your International Contract?. [Online] Available at: https://www.claytonutz.com/knowledge/2008/june/dealing-with-the-unknown-which-law-really-applies-to-your-international-contract [Accessed 23 September 2016]. Hayward, B. Pullen, P., 2011. The CISG in Australia: the jigsaw puzzle that doesn't quite fit. Vindobona Journal of International Commercial law and Arbitration, 15(1), pp. 119-156. Hortico (Australia) Pty Ltd v Energy Equipment Co. (Australia) Pty Ltd (1985) 1 New South Wales Law Reports 545. Indira, C. Stone, P., 2013. International Trade Law. s.l.:Routledge. Joseph Constantine Steamship Line Ltd v Imperial Smelting Corp. Ltd (1942) AC 154. Justin, M. Bernard, B., 2014. Australian Export. s.l.:Cambridge University Press. Kenneth, A. R., 2011. An Introduction to International Economics: New Perspectives on the World Economy. s.l.:Cambridge University Press. Kim Mellor Imports Pty Ltd v Eurolevant SpA (1986) 7 NSWLR 269. Larry, A. D., 2014. International Sales Law: A Global Challenge. s.l.:Cambridge University Press. Levingston, J., 2008. Choice of Law, Jurisdiction and ADR Clauses. s.l., s.n. Matthias, H., 2016. Principles of International Economic Law. s.l.:Oxford University Press. Pavia Co. SpA v Thurmann-Nielson (1952) 2 QB 84. Re Missouri Steamship Co. (1889) 42 Ch D 321 (CA). Richard, S., Filiberto, A. Beverley, E., 2009. International Business Law and its Environment. 7th ed. s.l.:Cengage Learning. Richard, S., Filiberto, A., Lucien, J. D. Beverley, E., 2012. International Business Law and Its Environment. 8th ed. s.l.:Cengage Learning. Robin, B. Bath, V., 2009. Law of International Business in Australasia. s.l.:Federation Press. Saxvy v Fulton (1909) 2 KB 208. Sid, W. Danielle, B., 2012. Does Your Choice of Law for the Contract Extend to the International Arbitration Agreement?. [Online] Available at: https://www.claytonutz.com/knowledge/2012/august/does-your-choice-of-law-for-the-contract-extend-to-the-international-arbitration-agreement [Accessed 23 September 2016]. Sulamerica CIA Nacional De Seguros SA v Enesa Engenharia SA (2012) EWCA Civ 638. The 'August' (1891) P 328. UNICTRAL Secretariat, 1980. Explanatory note on the United Nations Convention on Contracts for the International Sale of Goods, s.l.: United Nations. United City Merchants (Investments) Ltd v Royal Bank of Canada (The American Accord) (1983) 1 Appeal Cases 168. United Nations Commission on International Trade, 1980. United Nations Convention on Contracts for the Sale of Goods, s.l.: United Nations. United Nations, 1947. General Agreement on Tariffs and Trade, s.l.: s.n. United Nations, 1994. General Agreement on Tariffs and Trade (GATT), s.l. World Trade Organization. Vita Food Products Inc v Unus Shipping Co. Ltd (1939) AC 277. World Trade Organization, 1995. Sanitary and Phytosanitary Measures Agreement, s.l.: WTO. WTO, n.d. Principles of the Trading System. [Online] Available at: https://www.wto.org/english/thewto_e/whatis_e/tif_e/fact2_e.htm [Accessed 23 September 2016].