Friday, June 7, 2019
Why Britain reduced its Empire between 1939 and 1964 Essay Example for Free
Why Britain reduced its Empire between 1939 and 1964 EssayAssess the reasons why Britain reduced its Empire between 1939 and 1964In 1945 the help World War ended, the next thirty long time were to see rapid disintegration of the European empires and the creation of numerous new independent states. In this evidence I will attempt to explain for what reasons Great Britain decolonised, and the effects this decolonisation had for those countries decolonised.As a result of victory after(prenominal) WWI several former German territories in Africa and Asia were added to the British Empire. The British Empire was among the largest Empires the world had ever seen. It consisted of various territories conquered or colonised by Britain from ab out(p) 1600. The British Empire was at its largest at the end of WWI, consisting of over 25% of the worlds population and area including countries such as India, Malaya, Kenya, Ghana, Cyprus, Greece, New Zealand.World War I brought the British Emp ire to the peak of its expansion, simply in the years that followed came its decline. Britain had growing economic problems and couldnt afford to continue governing its enormous Empire. There were nemesiss of Civil War in countries such as India the threat of the ranch of Communism from China into Malaya and the increasing problem of racism and prejudice in Britains African colonies.The Empire faded gradually into the Commonwealth from the 1930s frontward as one by one former British colonies and protectorates murdered freedom but retained this last link with the Crown. It was incredibly important for Britain to retain its calling links with countries that were/had been part of its Empire. Britain needed to change the face of its Empire, one reason for such a change was due to the view of the U.S they were opposed to Empires and Britain did not fatality the Anglo-American relationships to even slightly grow apart.At the beginning of end of the Second World War Britain had t he largest empire, which spanned the whole of the globe. But in the next thirty years this was dramatically reduced in size. The beginning(a) country to seek independence from Britain at the end of the Second World War was India. India was seen as the Jewel in the crown of the British Empire and was of key significance to Britain. Even before WWI it was evident that the Indian desire for freedom would prove increasingly difficult for Britain to deal and control.Although British officials dominated the key posts in the civil service, barely one per-cent of the civil population was British. There were many disturbances and large unrest throughout India, the British political science do some concession to the demand for a greater share by Indians in the local affairs. It was too late by instanter and this offer was no longer sufficient the total withdrawal of British convening was now the aim of Nationalists.The Indian society was made up of vary and often conflicting races, cast es and religions India had no single nationalist voice. Until some sort of unity could be achieved Indian aspirations would be frustrated, this frustration found outlet in increasing violence. This came to an end and then it was non-violence that now became the chief factor in the advance of Indian Nationalism. The move was called Civil Disobedience and was thought up by an Indian man named Gandhi. Gandhi was the single most important influence in the growth of Indian Nationalism. Gandhi was a devout Hindu although he sought joint respect and tolerance between all religions and races.Gandhi became a type of figurehead and identified with all castes. For a time he was even able to gain Muslim support. Although fearing that independence gained on Gandhis terms would lead to the subjection of interests in favour of the Hindu majority, the Muslim Nationalists preferred separate to collective action. It became a disbelief of not whether Britain should withdraw but when they would with draw. The Japanese War effort by Britain interrupted the Indian problem. Many Indians, during the war effort, tried to overthrow British rule but the police and the army remained loyal and British control was unbroken. At the end of the Japanese War it was obvious to see that to keep control of India against the call of her throngs would stretch Britains resources too far, Britain could no longer afford to do so and the will to do so had largely gone.The Muslim League, led by Jinnah, was increasingly suspicious of the Hindus, represented by the Congress Party and its leader Nehru, an upper class Anglophile. A sizeable Sikh minority was equally apprehensive of beingness swamped in an independent India. To such groups, federation deep down a single sovereign state was not acceptable. Partition seemed to be the only solution that would unclutter the dominant religious groups happy. After much haggling and arguing the Hindu Congress and Muslim League agreed to the partition proposa ls India, the sub continent, was to be change integrity into two distinct states India, overwhelmingly Hindu Pakistan and East Pakistan predominatly Muslim. The British method of partition was to set a date for British withdrawal 1947, and then rub down up until this date to achieve a peaceful partition. When the partition was created making India a Hindu state and Pakistan a Muslim state many people found themselves in the wrong area and there was a lot of mass movement of people between the two areas.To Britain the most valuable habituation of all was Malaya, which is an example of what the British were willing to do where the Empire remained worth while. In the latter half of the 19th century Malayas economy assumed many of the major aspects of its present character. The output of tin, which had been mined for centuries, increased greatly with the utilisation of modern methods. Rubber trees were introduced (Indian labourers were imported to work the coat plantations), and Mal aya became a leading rubber producer. In 1948 its net dollar earnings amounted to 170 million and it provided over half the USAs imports of rubber and nearly all imports of tin.In the difficult days after WWII Malayas exports were vitally important in keeping the Sterling Area solvent. The Sterling Area was formed in 1939 to maintain the pound sterling as an supranational currency. It included the whole of the British Empire and Commonwealth, with few exceptions. This meant that Malaya had to buy goods from within the Sterling Area, meaning their money was tied up in the Empire. Malayas economic character, as well as its geographic position, gave it great strategic importance. The British built their fortifications accordingly at Singapore.The Malayans, anxious to regain their independence, had first to face an unexpected dispute from Communist Guerrillas, mainly Chinese, who were anxious to acquire control of the many raw materials in Malaya. The Chinese were a minority in Malaya and not popular. The Malayans didnt want to give ear under the control of their great neighbour, Communist China. They were willing to accept the assistance of British forces and the Guerrillas, after about five years were expelled.After the defeat of the communists Malaya travel quietly to independence. The Malayans united behind Rahman. Rahman was the kind of courteous conservative with whom the British had always felt able to do business. The federation of Malaya became an independent state within the Commonwealth on 31st August 1957.Britain controlled many countries in Africa including the following Ghana, Nigeria, Zambia, Uganda and Kenya. Kenya was one of the most important of the African countries. Strategically the Naval Base at Mombasa Port near to the Suez Canal was priceless. If the port fell into the hands of the Communists it would prove devastating. Climatically it was suitable for European settlement and the British saw it as a New Australia. British settlers went o ut in small numbers before and after WWI and in rather large numbers after WWII.Those that moved out there successfully introduced plantation farming of crops such as coffee and tea, the land was very rich. The British settlers believed that the country belonged to them and expected to evolve a government like that of Canada or Australia. Due to the large European population Britain didnt want to upset them, it was said that there would be an all white Kenyan Government. disrespect this, the settlers received a major set back when they were told Primarily Kenya is an African territorythe interests of the African natives must be paramount by the Duke of Devonshire, Colonial Secretary.Other than the European community there was another outside community within Kenya, an Asian community. The Asians were prosperous and sometimes became money lenders. They were hated by the Africans. Britain saw themselves and America as being superior to the Asian world and then again that the Asian wo rld was superior to the Africans. The British did not think that the Africans were intelligent enough to be able to run their own country, this was seen as being a very racist and prejudiced viewpoint and there was a loss of confidence.The Kikuyu were farmers in the role where the capital of Nairobi had been established. They were more disturbed in the possession of their land than other tribes and they also came into contact with European ideas and European education. Jomo Kenyatta, later the leader of the Kikuyu, was first educated at a Presbyterian mission school.The first African organisation, the Kikuyu Association was formed in 1920 but was a very moderate body made up of the elders and the chiefs. In 1921 the Young Kikuyu Association was founded by the younger men, educated like Kenyatta himself in the mission schools, and was much more radical in temper. Kenyatta was oversea from 1929 to 1946. When he returned he found that the Kikuyu Central Association had been condemned as trying to undermine the Government during the war and that very little constitutional progress had been made. solitary(prenominal) in 1952 were Africans elected to the Council and then by a complicated indirect system.The early 1950s saw the terrorist outbreaks known as the Mau Mau. With their fearsome oaths and occasional atrocities, they spread terror among the European community, although in fact most of the atrocities were against other Africans. It was unknown whether Kenyatta had any connection with the Mau Mau, he was arrested and banished to a northern part of the colony. The white colonists could not conquer the Mau Mau on their own and had to ask for troop reinforcements from Britain. This need for outside assistance ended any remaining thoughts that settlers might have had that they would be loose of running an independent state.During the Mau Mau troubles a new constitution was introduced into Kenya called the Lyttleton constitution. This was an extremely complicat ed system designed to allow the Africans to gain some ministerial experience. Many of the more die hard Europeans didnt like this at all. A new European Party was set up, the United Country Party, to work for a society which would be multi-racial yet would safeguard both the political and land rights of the Europeans.This was doomed, the tide was now firmly in favour of making Kenya an independent African country, although there were seat reserved in the Legislative Council for minority groups, including Europeans. There were now two main African parties, the K.A.N.U which drew its strength from the Kikuyu and Luo tribes and favoured a centralised system of government, and the K.A.D.U, support by the Masai and a number of smaller tribes who wanted a more federal system of government. K.A.N.U, led by Kenyatta, won the 1963 election, the last before Kenya got independence on the 12th of December 1963.Economically Britain could not possibly to afford to maintain an Empire. It could n ot afford to defend its countries from outside attacking forces, let completely from enemies within. The threats of civil war, in terms of India, was a very dangerous one, it would have been im manageable for Britain to control the entire population of India with its army. Britain without a doubt relied heavily on the trade links within its Empire, it couldnt afford to lose these links but it could not afford to keep them at the way things were going. By creating the Common-Wealth it made it possible for Britain to hand over Independence to countries, making them happy, as well as keeping them within a trading circle. Most of the countries in the Empire wanted Independence, Britain wanted the trade to remain, it was the best solution.
Thursday, June 6, 2019
Approaches to Psychology Essay Example for Free
Approaches to Psychology EssayThe psychoanalytic approach was started and developed mainly in Europe between 1900 and 1939 by Sigmund Freud, a Viennese doctor who specialized in neurology. As a doctor, he became interested in the firmament of hysteria the manifestation of physical symptoms without physical causes and became convinced that unconscious mental causes were responsible, and could be responsible for all mental disorders and even our personality.He created the theory of personality, and found his ideas upon intensive mooring studies of a considerable range of patients, especially his infamous study on Little Hans, a young boy who Freud carried out depth psychology upon. Bowlby (1946) applied Freuds theories when he used psychoanalysis on a large group of children with various ages on a study of habitual delinquency. The central accent is on dynamic, biological processes especially those taking place in the unconscious mind, and involves the idea of psychic deter minism, i.e. Freudian slips. Freud said that we all redeem instinctual drives wishes, desires, needs, or demands, which be hidden and suppressed from the consciousness because society disapproves of their open expression. Freud proposes three main components of the mind the id, the ego and the superego. The id operates on the pleasure principle and its goal is immediate pleasure and reduction of tension caused by irrational impulses. The ego operates on the reality principle, and controls the id in its reaction with the world.The superego operates on the idealisation principle, with norms and values of society being internalised. gibe to this approach, we all undergo psychosexual stages oral, anal, phallic, latency and genital which gradually motivate the individual to focus on the libido, and can be linked with the Oedipus complex. The libido is described as psychic energy behind primary drives of hunger, aggression, sex and irrational impulses. Fixation at any of these stag es can lead to behaviour in our adulthood reflecting in front stages of our childhood, which be caused by unresolved conflicts.For example, fixation at the oral stage can cause adult behaviour that is centred on the mouth (eating, smoking, etc. ) The declare oneself of psychoanalysis was as a therapy to treat mental disorder by means of treating the unconscious mind. The methods that Freud used for investigating the unconsciousness were by means of case studies, and deep analysis and interpretation. Free association involves the uninhibited expression of thought association, no matter how bizarre or embarrassing, from the client to the psychoanalyst.Dream analysis involves the analyst attempting to decode the symbols and unravel the hidden meaning (the latent content) of a dream from the dreamers report (the manifest content). Freud used his theory to explain a number of topics. He explained that the development of personality came from fixations or defence mechanisms, and that a ggression was caused by hydraulic drives and displacement. Abnormality was seen as the consequence of early traumas and repression, which subsequently could impair our moral and sexual practice development, the latter being the result of the Oedipus complex.The psychoanalytic approach has been greatly influential within psychology, in areas much(prenominal) as psychotherapy and developmental theories, and also beyond in art, literature and other sciences, some 100 years since Freud first developed his ideas. His theory has had some experimental support in certain areas, such as repression and fixation. Freud introduced the world to the concept of the unconscious, and regarded his case studies like Little Hans and Anna O as firm empirical support for his theory.He thought his belief in determinism and detailed collection of data were scientific, yet many psychologists today argue that his theories and ideas are too biological, that is that they rely too much on the influence of fu ndamental instincts and physical drives. Most of Freuds ideas and concepts came from only a handful of results on the study of children. Freud could have allowed his own prejudices to shape his analysis, leading to no objective measures. His close interventions and feedback to the childs family could have changed the childs behaviour and that of its family.Psychoanalysis lacks rigorous empirical support, especially regarding normal development, and leads to reductionism, i. e. it reduces human activity to a basic set of structures, which cant account for behaviour. Freuds ideas have been charge of being irrefutable, and are therefore theoretically unscientific. Another approach to psychology is the behaviourist approach, which concentrates on the theory of learning and behavioural therapy, and tries to explain behaviour in terms of its relation to environmental events (stimuli), rather than any innate factors.The view that behaviour should be the sole subject matter of psychology w as first locomote by the American psychologist John B. Watson in the early 1900s. His position came to be called behaviourism. He believed that psychologists could not afford to speculate upon the unobservable inner workings of the mind, since they are too private to be studied scientifically. For the behaviourist, much of their research focuses on objectively observable behaviour, rather than any internal process. The approach proposes that behaviour is radical, and that it is caused and keep in this way.
Wednesday, June 5, 2019
Computational Chemistry for Drug Discovery
computational Chemistry for Drug DiscoveryComputer ChemistryComputational chemistry is a branch of chemistry that uses computers to assist in solution chemical problems. It uses the results of theoretical chemistry, incorporated into efficient programs, to calculate the structures of molecules and solids.In theoritcal chemistry, chemists, physicist and mathematics develop algorithms and computer programs to scream atomic and molecular properties and reaction paths for chemical reactions. Computational chemists, in contrast, may simply apply existing computer programs and methodologies to specify chemical question. There ar two different aspects to computational chemistry.Computational studies tail end be carried out in rove to find a starting point for a laboratory synthesis, or to assist in understanding experimental data, such as the position and source of spectroscopic peaks.Computational studies provide be use to predict the possibility of so far entirely noncitizen mol ecules or to explore reaction mechanisms that are not readily studied by experimental means.Computer- serviceed medicate husking/ designing methods collapse played a major role in the development of therapeutic in ally important small molecules for over 2-3 decades 133. Over the past couple of decades, many powerful standalone tools for computer-aided drug discovery have been essential 134.In silico metamorphosisAfter adopting combinatorial chemistry and high throughput biological screening in the past couple of decades, the pharmaceutical manufacture generated a large collection of potent and selective compounds for numerous targets. However, to become an optimal drug, in addition to potency and selectivity, a compound must have appropriate ADME (absorption, distribution, transfiguration and ex founding), safety and develop cogency characteristics. Relaying solely on potency in the early stage of drug discovery can result in disproportionate attrition after clinical candidat e selection contributing to the exorbitant costs of discovering and developing drugs. Only about one in ten of those diligently chosen, highly potent and selective candidates that enter development reach the market often due to inadequate ADME properties. Therefore, it is extremely important to consider the ADME characteristics of compounds earlier in the discovery make for to wager bets on compounds that have a greater potential to survive the development and clinical trail stage of drug development. change magnitude the odds of success to one in five (instead of ten) would reduce the total cost of bringing a new therapeutic to the market by 33%.Experimental determination of ADME and pharmacokinetic (PK) characteristics is both expensive and time consuming, and is not practical for large numbers of compounds, especially when the pharmaceutical industry is under severe pressure level to cut costs and improve efficiency. The Price tag to support various ongoing discovery projects in pharmaceutical company for synthesis and high throughput measuring of permeability, solubility, metabolic stability and acute toxicity can run into millions of dollars.Therefore, much attention is being focused on the application of in silico screens to reliability predict ADME attributes solely from molecular structure. In silico prognostic of ADME properties will not only reduce cost and development cycle times by wisely enjoin resources to essential experimental testing, but also bring forward their consideration earlier at the lead generation stage when compounds are being synthesized and well-tried almost exclusively to meet pharmacological target potency levels. At the cost of experimental results indicated above, a mere 10-20 % reduction in high throughput experimental measurement of permeability, solubility, metabolic stability, acute toxicity through the use of in silico screens can lead to significant savings. Further, application of in silico screens offers an idea l fail-early-fail-cheaply strategy for drug discovery because their application requires nothing more than inputting the basic structural information of a compound into a validation pretending.Metabolic Stability Measurement in Drug DiscoveryAt most major pharmaceutical companies, metabolic stability assays are conducted at the outset investigation into the metabolism of a compound. These in vitro assays generally utilize liver microsomes and/or hepatocytes to furnish important information about the rate and/or metabolism. In vitro metabolic studies are important in optimizing pharmacokinetic properties such as in vivo half life, maximum concentration and systemic exposure, because rapid metabolism is often a key factor contributing to miserable exposure.The metabolic stability data is helpful for ranking molecules with respect to their ability to resist metabolism. Though high-throughput automated metabolic stability assay systems have been developed by the major pharmaceutical companies, screening a large number of compounds is still intensive.Thus, in silico prediction of metabolic stability can be used to rationalize experimental testing and have significant resources. Further, these models allow for prediction of metabolic stability for virtual libraries, thus bringing forwarded their consideration earlier to hit-to-lead stage.In silico Models for Metabolism StudiesThere are several types of in silico tools available for investigations into metabolism. These include knowledge found systems (metabolism databases) rules based or skilful systems and quantity structure properties relationship (QSPR) and enzyme structure modeling systems. At its simplest, the partition coefficients, Log P (or its computed equivalent), of a drug in the n-octanol-water system has been shown to loosely correlate with the metabolic stability of a compound. As in silico calculations of Log P values have become readily available, they are being implemented in many of the curren t metabolism prediction packages. The earliest in silico metabolism tools were the metabolic reaction databases.In principle, these are databases with the published metabolic reactions and structure of parent compounds and their metabolites. several(prenominal) of these allow creation of corporate metabolic databases as well. In most cases, these databases can be searched for specific biotransformation (by structure and substructure), biotransformation keywords, and by other(a) user-defined fileds. The key advantage of this knowledge based in silico systems is that they include detailed metabolism findings and original references.Prediction of MetabolitesThe above mentioned knowledge based systems provided the groundwork for the development of rules based in silico predictors of metabolites, also called expert systems.Commercial rules based programs such as METEOR, META and MetabolExpert iteratively interrogate the chemical bonds of a molecule and apply programmed biotransformatio n rules in a predetermined hierarchy. As one can imagine, without means of terminating the metabolism tree a very large numbers of metabolites will be generated of predicted. Several of these programs allow the user to specify the number of levels of biotransformation or may use a LogP calculation to terminate the biotransformation process.Prediction of Sites of MetabolismThe mechanism of oxidation by CYPs is though to be constant across all CUPS. One of the most important steps in the oxidation of drugs (by CYPs) is the ability of the perferyl oxy species (FeO+) to carry out a one-electron oxidation through the abstraction of hydrogen atoms. In silico packages such as Admensa, COMPACT and Metasite calculate the likehood of abstracting a hydrogen atom from all sites on a molecule, and then quantify which sites are most seeming to be oxidized. The greatest advantage of these types of predictions is the ability to quantify the most likely major hot spots on the molecule.Prediction of Substrate BindingThe ability of a molecule to properly dock on the active site of enzyme plays a major role in accurately determining the site(s) of metabolism on a molecule. Therefore, modeling of the P450 active sites has long been a goal for metabolism prediction. Some of the first attempts to model the active site of metabolizing enzymes used pharmacophore, site direct mutagenesis, and protein homology. Using homology models built from bacterial and mammalian P450s, in silico studies of docking potential substrates into the active site have been performed with mixed success. Now that the crystal structure for tender-hearted CYP3A4, CYP2C9, CYP2C8 and CYP2A6 are available docking experiment with these models should more reliably predict the sites of metabolism on a molecule that the predictions form the homology models.Prediction of Metabolic banOne of the causes of drug-drug interactions is the inhibition of metabolic pathways. Enzyme inhibition by a drug leads to a decrease in metabolism and intrinsic clearances, and an alteration in pharmacokinetics of a co-administered drug. Any knowledge around the potential of drug-drug interactions is useful for a quantitative assessment of the ability a new molecular entity to inhibit the metabolism of some other drug.In silico methods to predict drug-drug interactions are mostly limited to competitive inhibitors because they rely primarily on the binding models in the used as templates with alignment and preference of core structure in an active site. However, the quality of prediction depends on the structural similarity to the molecules that were used to build the model. Inhibitors of CYP2D6 and CYP2C9 have been predicted using the CoMFA method. For inhibitors of CYP3A4, CYP2C9 and CYP2D6, methods such as CATALYST and GRIND have been used to reduce the bias in the alignment of inhibitors.Prediction of Enzyme InductionThe induction of drug metabolizing enzymes is an additional way in which co-administered dru gs can affect the clearance and pharmacokinetics of a given drug. Induction or augmentd expression of the drug metabolizing enzymes leads to an increase in the rate of metabolism and ultimately, to increase intrinsic clearance. Therefore, enzyme induction leads to decreased drug exposure which may results in therapeutic failure.Most often, the induction of enzymes occurs through the activation of nuclear receptors such as the Arylhydrocarbon receptor (Ahr), the Pregnane X receptor (PXR) and the constitutive Androstane Receptor (ACR). The activation of nuclear receptors PXR and CAR are responsible for the induction of several drug metabolizing enzymes including CYP3A, UGT1A1, SULT1A and CYP2C9. On the other hand, induction of CYP1A, SULT1A1 and UGT1A1 has been associated with activation of AhR.Prediction of Metabolic StabilityAs mentioned above, metabolic stability influences both oral bioavailability and half life of a drug. There is best correlation between in vitro metabolic sta bility and in vivo clearance. Therefore, the assessment of metabolic stability of compounds is being demanded and earlier in discovery projects. To meet these needs, in silico models are commonly employed.As described above, many different in silico tools focused on studying different aspects of metabolism have been developed. In our experience, the excerption of the in silico tool by a user should primarily be guided by the type of information and level of accuracy that is want. It is imperative that the developers of these in silico tools continually refine and validate them to reliably predict and quantify the metabolic fate of drug in humans. On the other hand, the chemists, biologists and ADME scientist on project teams to judge and use the existing in silico tools and to challenge their developers to demand tools that will rationally and efficiently move the discovery projects forward.Metabol ExpertMetabol Expert is an ideal program for a quick prediction of the metabolic f ate of compound in the drug discovery process during the dispositional research phase. Metabol Expert is a unique tool for initial estimation of the structural formula of metabolites. Metabol Expert is a rule based system with open architecture, in other words, the chemists, metabolism researchers, drug disposition experts and environmental managers can understand, expand, modify or optimize the data on which the metabolic structural estimation relies. Commercialized by Compudrug in 1987, Metabol Expert is self-possessed of a database, a knowledge base and several prediction tools. The basic biotransformation database contains 179 biotransformations, 112 of which are derived from Testa and Jenner, the others are based on frequently occurring metabolic pathways.The transformation knowledge-base is composed of if-then type rules. Each is composed of our components, the structure changed during the transformation, the new substructure formed, a list of substructure at least one of whi ch must be exhibit in the molecule for the biotransformation form occurring. These rules have been derived from the literature by experts and are input into the system by means of graphical tools. The system is open so that new rules can be added or existing ones modified or deleted. There are two types of predictions in Metabol Expert. In the first type, the system tries to tally basic transformations automatically. There is a filter so that biotransformation sequences can be arrested after generation of a specified number of metabolites.Basic transformations are categorise as phase I or phase II. In the event of a phase II metabolite being generated, the sequences are arrested and the metabolite is not included in the next level. If a transformation results in the generation of two metabolites, then both are passed into the next level. The second type of analysis is an extended prediction model in which metabolites generated from basic transformations is compared to a list of t ransformations in a learned tree for a given species and the analogues are then listed in order of similarity. The program then attempts to quantify predictions based in the information in the learned tree.MexAlertMexAlert was developed to be an ideal assistant for high-throughput screening. It is advantageous to consider metabolism still before synthesis of the compounds, in order to exclude unwanted metabolic pathways, leading, for example, to first pass effect or to formation of toxic intermediates. MexAlert predicts first pass metabolic pathways by quickly identifying sites on the molecule where Phase II metabolic transformations (in other words, conjugation) may occur. It is rule based system the rules are selected from among the Phase II transformations in the animal knowledge base, and modified according to in vivo experimental example of first-pass effect pathways.In silico toxicity prediction scratch during the drug development process is a serious economic problem for the pharmaceutical industry and it is often due to inappropriate ADME/Tox characteristics. IT has been estimated that 20-40% of the drug failure in investigational drug development phases are due to safety issues, not continuing multiple incidents of adverse effects of existing drugs. The early drug discovery process needs to address in parallel not only potency but also pharmacokinetics and toxicological properties.Van de Waterbeemd and his colleagues at Pfizer have called this approach property-based design, emphasizing the importance of the critical combinations of physical and structural properties that contribute to druglikeness. Ideally this process should begin early in discovery, using computational models to screen both virtual libraries and available compound collections to identify compounds with the desired properties (good potency, ADME and low toxicity). Often molecular size and lipophilicity have an important effect on all one-third properties. High biological activity i s frequently associated with high LogP, but this may also raise the probability of high toxicity.In the 1990s, drug companies invested heavily in combinatorial chemistry and high-throughput screening (HTS) as a source of leads for new targets. Most screen actives turned out to be large and/or hydrophobic, understandably contraindicating to the principles of minimal hydrophobicity. The most visible outcome was not even that they were toxic (because most compounds did not advance that far in development), but that they were either non-water-soluble or non-absorbable. This overshadowed any toxicological consideration in the early stages of drug discovery, bringing forward compounds solubility and permeability as the most urgent problems to address. In the late 1990s the concepts of drug-likeness and lead likeness emerged and simple rules were formulated e.g. rule of 5 to warn chemists when compounds were well outside the property space normal for viva voce active drugs.These rules ar e now widely used in Virtual Screening to remove undesirable compounds from consideration prior to their synthesis or acquisition. In addition to simple property filters toxicological issues should also be considered because otherwise any specific hazardous sub structural effects are ignored. Some of the harshest reactivity effects are identified and removed using predefined alert substructures (e.g., acid halides) (sometimes called dribble filters). The problem is the most of such alert substructures are chameleonic in nature, i.e., they may not necessarily cause toxic effects depending on other functional groups and overall molecular structures (e.g., acid halides). To fix this, all chameleonic substructures (from garbage filters and beyond) must be supplemented with class specific QSARs for different health effects, yielding toxicological expert systems. Such systems can be used in virtual screening along with drug likeness filters to subdivide compounds into safe, hazardous and Questionable. Promising compounds need notwithstanding toxicological evaluation, but this cannot be done by predicative methods alone due to multiple knowledge gaps in their training sets and limited numbers of considered toxicological end points.Sometimes further evaluation is done during lead optimization, when chemical structures are covalently modified and tested. At this stage various toxicological predictions are used to prioritize both compounds that are to be tested and in vitro methods can reliably predict drugs effect on a whole animal system, yet animal(prenominal) Tests are not usually done until drug development candidates are identified. By this time drug development cost can reach lusty levels, economic risks become considerable.Thus any predictive tools that help to identify adverse effects in animals prior to conducting such testes are highly desirable. If a known toxic pharmacophore is identified and closely related to the pharmacophore required for activity at the therapeutic target then series specific SAR is needed to aid design of molecules with an adequate separation between the therapeutic dose and the dose threshold for the toxic effect. Since it is essential to have an in vitro surrogate that can model the desired in vivo effect on a significant number of compounds. Some of the more important end points for which in vitro surrogates that can model the desired in vivo effect on a significant numbers of compounds. Some of the more important end points for which in vitro surrogates have been used are QT prolongation in heart due to blockade of the hERG potassium channel, hepatotoxicity due to compounds that produce phospholipidosis and hepatotoxicity due to induction of CYP450 enzymes.To summarize, in drug design toxicity predictions can be useful for three purpose virtual screeing, prioritization of compounds and in vitro tests, and prediction of health effects in whole animal systems. Although many toxicologists are understandabl y farewell us with no choice but to make the attempt using available animal toxicity database.
Tuesday, June 4, 2019
What is globalisation?
What is worldwideisation?IntroductionThe emergence of globalisation in the nineteenth century has brought ab verboten a change in the world. It has resulted in the excreting and diminution of barriers amidst countries, in tell to aid the flow of goods, service, capital and labour amidst these countries. thither prolong been heterogeneous debates skirt the concept of globalisation. The opening of the markets have been said to be a charge of enabling the riseed countries keep back their position of supremacy everyplace the developing and less(prenominal) developing countries by on the wholeowing their big multinational companies exploit the resources of these new(prenominal) countries and keep the profit. (Lewis 2007).In spite of this, globalisation has created a lot of refreshing opportunities and for m both nations and has involve them to develop partnerships and bonds throughout the world which has played an big consumption in the success of most nations.AimIn a speech view asn by Nelson Mandela at the British Museum in 2000, he said If globalisation is to create real peace and stability across the world, it mustiness be a subprogram benefiting all. It must non allow the close economically and politically powerful countries to dominate and submerge the countries of the weaker and peripheral regions. It should non be allowed to drain the wealth of little countries towards the larger champions, or to increase inequality between richer and poorer regions.Cited in Lewis (2007).The aim of this essay is to examine the encounter of globalisation on home(prenominal) look companies, their learns and services in developing countries.What is GlobalisationDiverse definitions have been fall outn to globalisation, depending on the context in which it is being used. The world has suddenly be be intimate a global village, where boundaries atomic number 18 being removed and brass sections be free to envisage, diethylstilboestrolign, create , purchase and sell products in other countries making the world interconnected.According to (Govindarajan Gupta, 2000), globalization is boundd as the increasing economic reliance that exists among countries as seen in rising traverse relationship with the flow of goods and services.Cope (1999) sees the process of globalisation as having two inter-related dimensions mountain chain (or stretching) and intensity (or deepening). On the unrivalled hand, the concept of globalization pay offs a universal process or a set of processes which generate a multiplicity of linkages and interconnectedness which transcend the states and societies which make up the modern world body. On the other hand, globalisation besides implies intensification in the levels of interaction, interconnectedness or inter-dependence between states and societies which constitute the modern world economyThe International M maventary Fund (IMF) defined globalisation, as rapid economic incorporation countries ar ound the world by the movement of goods, services and capital across borders.In the design and gimmick intentness, globalisation means two major things improved argument and improved hazard (Russell J.S, 2000). Globalisation affects every design and gimmick firm both interior(prenominal) and contradictory. Globalisation is needed in countries to improve the relationship between these countries and to improve the economic stability of these countries. Globalisation in the winding IndustryThe influence of globalisation in the expression industry is beginning to emerge this throne be seen from both external and internal factors inwardly the industry. thither is an increasing need for organisations to develop new(a) strategies and ways of getting things do, as global competition is growing. Different organisations little, large, domestic and outside(a) are all going to be affected by this new way of doing things. According to Cheah et al (2005), globalisation is bringing about new prospects for the complex body part industry repayable to the deregulation of industries and privatization of traditionally state-owned entities needing new formula or an upgrade of existing facilities which has attracted new key players from abroad. Externally, the clients are globalising. In order to serve them better and generate repeated craft, engineering and construction firms have to elevate their agendas to the worldwide level.Fundamental changes have to be do to project caution techniques in engineering and construction companies if they are too maintain their standards and are to be successful in the global market place in the twenty-first century. Customers will expect lower costs, shorter engineering and construction periods, lower costs, shorter engineering and construction periods, high-quality materials and equipment from manufacturers whatsoeverwhere in the world and prompt attention to their ineluctably. Kini (2000).The construction industry is a n Copernican part of the development industry within an economy, particularly in an era where the rate of u urbanisation and resources continue to reduce. The construction industry plays its role in any economy as it uses materials and resources, changes the environment and affects the lives of the people living in the society.International Construction and Globalisation in Developing CountriesAccording to Ngowi et al (2005), International construction has been defined, as when a company which is based in one country executes work in another country. Most of these companies are from mod countries and go to carry out work in newly industrialised countries and least developed countries.Through globalisation, umpteen doors have been opened for transnational construction in developing countries. Developing countries require specialized agreementors for new infrastructure and buildings which their domestic construction companies might be unable to storage area or do not have enoug h experience in the construction of much(prenominal) buildings.There are various interpretations why construction firms expand into international markets. or so of these reasons include inactive domestic markets, development of new markets, economical utilization of resources and the realization of new prospects brought by the global economy (Gunhan and Arditi 2005).In taking international construction into consideration, there is a need to infrastand the risks and threats it involves. International construction is much riskier than domestic construction. The antithetic variables which affect the international environment are not part of the domestic markets and create risk for international construction that would never be encountered in domestic prepares (Gunhan and Arditi 2005).A critical review of international business ruin was done by Gordon and Arnold (1988) and White (1990) cited in Han et al (2005 p. 284). Some reasons why international business fails were pointed ou t and they include the following Failure to develop a business plan. Lack of commitment from top management in the early stages of the venture. Lack of attention to the development of strategic links in the international market place. Failure to recognize the demands of operating in a multi-ethnical business environment. Failure to weigh foreign requirements with respect to their social, legal, political and governmental procedures.Construction companies thereof must set up strategies in order to compete in the international market. Gunhan and Arditi (2005) carried out a survey of executives in charge of international construction in the United States to go under the most primary(prenominal) strengths a company must have in order fully expand their business into the international market.Track RecordThe past per playance of any organisation hoping to diverge from the domestic market to the international market is necessary. A firm or an organisation with a good track record can ea sily enter the international market, due to their past experience in form of reference from all their previous works.An experienced firm has a ready solution or a cheaper solution to a technological problem since it might have come across a similar problem in the past and has found a solution for it. It has exhibited through previous performances that it has the organisational and technical experience to overcome technical challenges that may come up in the course of a construction project Quak, 1991 cited in Gunhan and Arditi (2005 p.275).Specialist ExpertiseFor a company to succeed in the international arena there is a need for medical medical specialist expertise. This gives the company a higher advantage due to the fact they have knowledge in areas that few companies can compete with them. According to Quak, 1991 cited in Gunhan and Arditi, 2005 specialists technologies change smaller companies to carve a niche for themselves in the international market by competing for spec ialist sub shoots or as a desired consortium partnerThe use of new technology would enable domestic companies find jobs in sectors where expertise in that technology is needed.Project management CapabilityInternational projects tend to be in complicated circumstances such as multiple ownership, elaborate fiscal provisions and opposite political ideologies. These projects are more than exhausting to manage than domestic projects as the risk involves are often numerous and less predictable. Stallworthy and Kharbanda 1983, cited from Gunhan and Arditi, (2005 p.276)There is often the need for a project manager who can handle both the business and technical side of the project. This would give the project manager an advantage, because he will be able to solve problems in all areas of the project.Influence of Globalisation on Domestic Construction Companies in Developing CountriesThe concept of globalization was brought about by the need for free trade between developed and developing countries. The ideology behind this was setup by the World Trade cheek (WTO), and this was formed from the 1986 Uruguay Agreement WTO, (2004) cited in Lewis (2007) which says that the international trading system should be without discrimination- a country should not discriminate between its trading partners (giving them equally most favoured-nation or MFN status) and it should not discriminate between its own and foreign products, services or nationals (giving them nationals( giving them national treatment) Freer- tariff and non-tariff barriers should be reduced (removed) through dialogue Predictable foreign companies , investors and governments should be confident that trade barriers will not be raised arbitrary market-opening commitments are bound in the WTO more competitive- unsportsmanlike practices such as export subsidies and dumping products at below cost be discouraged more beneficial for less developed countries-they should have more period to adjust, greater flexibi lity, and special privileges.The purpose of this was to march competitive markets for trade for all goods and services, including those acquired in the public sector. Globalisation has an effect on the following sectors of the domestic construction sector of the economyProject SizeThe size of a project plays a major effect in selecting who the key tailorors for that project are going to be. The larger the project size is, the more out of reach it is for consulting and signalizeing firms in developing countries. Large projects which could be broken down in to smaller projects are given as one, making it available to only large international companies that have the capability in shapes of staff, equipments and labour to handle such projects.These projects could be broken down into smaller project such that it would be available for local firms as tumefy as the large transnational companies.Market AccessMarket access, has to do with goods and services, this entails that the goods and services which are coming into any country must be treated in the same way regardless of where they are from. In the construction industry, this entitles all consultants and contractors who come from less developed countries or developing countries to have equal opportunities with large firms to the same projects in developed countries.This actually never happens. According to Lewis (2007), the large companies have higher advantage than the smaller ones in terms of enormous physical, financial, technical and human resources that the small firms do not have the capability to have. The large firms also receive support from their home government in many areas which is not available to the smaller domestic companies from developing countries.Consequently, the local firms in developing countries tend to be doubtful about the opportunities globalisation holds for them in developed countries this is due to the advantages the large firms have over them. Under PricingThe need for growth in developing countries has brought about an invasion of overseas contractors and consultants in to developing countries. This has a negative impact on the domestic construction companies. Lewis (2007) explains that these foreign contractors are keen to get into that region, that they may force strategic decisions to make a loss in the construction of that project just to make sure that they win the contract. The local firms do not have the available resources to compete with them on that basis and therefore tease apart the contract.Opportunities associated with International Construction for Domestic Companies in developing countriesThe emergence of the new global economy has brought about extraordinary opportunities for growth in developing countries. Hans et al (2005) explains that at national level, the amount of international construction plays a big role in the nations trade balance. They also balance the growth of their company to institute to their security through incre ased global activities and so to reduce the effect of the cyclic nature of their work load. The assorted opportunities associated with international construction for domestic construction companies includeIncreased long term profitabilityOne of the main reasons for expanding from domestic to international construction is for the increase in the long term productivity of that company. The expansion of these companies takes place when their own domestic markets are not doing so well and there is a need to expand into other countries which offer gainful opportunities for the company.The economic state of affairs of the most Copernican countries often affect the economic situations of many other nations and this effect actually takes a lot of cartridge holder before it reaches these nations. Expanding into the international market therefore, is a good way to survive the setbacks in a country and increase the profitability of that company (Gunhan and Arditi 2005).Ability to maintain shareholders engenderThe ability of the domestic company to maintain its shareholders return creates the need for the company to be tortuous in international construction. This could be very helpful for the company, for instance in times of economic recession in a country there is another country in which profit is being make by that company (Gunhan and Arditi 2005).Ability to take advantage of globalization and openness of marketGlobalisation has given the domestic construction companies an advantage of having open markets which gives the companies a lot of benefits. This increases the competition for a project because now both domestic and foreign companies are allowed to bid for the project.Even though globalisation has increased the competition within the geographical borders of countries, it also allows access into markets which were previously inaccessible. There is a need for construction companies to recognise this change in the environment. Sillars and Kangari, 1997 cit ed in Gunhan and Arditi, (2005 p.279)Ability to take advantage of privatization programs in emerging economiesIn developing countries, the amount of capital needed to achieve the rate of market expansion needed and this is often hooked on the foreign investment available to sustain a privatization programme. Miller, 2000 cited in Gunhan and Arditi (2005).Privatization is being seen as a way of creating opportunities for construction companies to carry out projects in countries, this is for both local and foreign companies.Key areas a domestic construction company must focus on in globalizationIn this new era of globalisation and free market trade between nations, changes will have to be made in companies in order to keep up with the new way of doing things. The thinking process of these companies has to be changed in order to compete with other companies. The following areas need to be taking into consideration in order to be a highly successful global construction companyOrganisat ionThe organisational structure of accompany is important in achieving global excellence. There would be a need to set up a system in which work will be done lusher and would meet the clients needs. entropy technology systems According to Kini (2000), if there is no effective Information technology (IT) system in the company, they would only be global in their names. The information system of the company should have the capability to provide all the companys offices with real-time access to data should be de sign with hard ware and software that go well together, and should use incorporated software which will provide the information to the managers when needed.This would enable accurate information to be gotten by the project manager at any time and allow fast access to the information when needed. Thinking globallyThere must be division of work among engineers so that the time rear of the work can be shortened and work will go on consecutively. There is a need for a variety of s pecialist for different areas of engineering in order to be able to review the impact of change on any area in the design.According to Kini (2000), when thinking globally, the followings things must be put into consideration to access some certain issue Division of work There is a need for the project manager to establish how the work is to be divided in terms of the customer requirement, the manpower and expertise needed. Subcontractors have to be selected before the design phase of the project for specialist needs of the project. Key suppliers The key suppliers should be located within the area with low manufacturing costs and convenient transport connections. The relationship between the suppliers should be one of partnership for mutual benefit in the project. The construction plan The construction plan should be checked before the start of the design. The design schedule needs to be developed with reference to the construction sequence this would be used as the source of coordin ating the design at the various office locations and placing orders with suppliers.universal suppliersThere is a need for the use of worldwide suppliers in order to get the best price available. The utilization of the global market place would enable the company get lower rates for labour and raw materials. There would be need to get wind that theses suppliers meet the requirements of the company. The project manager would have a choice in the selection of the supplier to be used and the performance of this supplier can be monitored.Global constructionThe company must be familiar with local construction methods and materials used in that area. Due to the varying site conditions, the need might arise to import some materials. There is a need for the participation of the local engineering company in the project to advise the project team on the use of these local materials and also in the hiring of skilled craftsmen within the project. This is to ensure that the maximum satisfaction of the client is guaranteed when the project is completed.QualityThe whole aim of going through the steps listed above is to ensure that the overall quality of the project meets the clients expectation. There is a need for all members of the project to be aware of the clients needs for the project, this would enable them know the kind of standards to be achieved in the project. ConclusionGlobalisation has brought about new opportunities for construction companies. Globalisation holds the greatest opportunity and risk for domestic construction companies. This is determined by the strategies employ by the company in order to ensure that they are affected by the positive effects of globalisation.In the global economy, both the domestic and foreign companies have to face competition in other to be successful. There is a need for contractors to understand the risk associated with globalisation such as political, economical, cultural and legal project conditions theses can affect the goa ls set by the firm when dealing with a strategic market. even so, for those domestic companies who are willing to enter the international market, globalisation holds new prospects for them as long as they have identified most of the risks and put in place strategies on how these risks can be mitigated. therefrom globalisation must be embraced by both foreign and domestic companies so that they dont left behind.Bespoke Form of take aways A Scourge or requirement?Bespoke Form of cut backs A Scourge or Necessity?Chapter 1 Introduction Research RationaleThe use of standard forms of contract, FIDIC Red book (Red al-Quran Engineer/ employer degestural set outor executed) was alleged in the UAE during the late 80s and early 90s, more specifically on Dubai Municipality infrastructure projects by the Dubai Municipality, later been transformed to RTA in 2006. invariably since FIDIC based bespoke forms introduced in the UAE, it has been used extensively in the construction industry, the Red book based FIDIC forms are extensively used in different types varying from pile up sum to re-measurement contracts by many large organizations.Every project is associated with risk and is inevitable and the impact is spread across the project. Whilst the intention to introduce a standard form of contract was to achieve a balance in terms of risk sharing between the parties, conversely at a later stage clients started amending the standard form of contracts to safe guard their interests. Many such bespoke versions did not achieve the think purpose as it became one sided due to the alterations. The one sided contracts, in other words i.e. by drafting partial contracts to safe guard the employers risks and financial positions will have a mark to impact the construction cost. If the risk is high, the cost increases proportionally (Mohamed Hartman, 2000, p 15)UAE as a country has high potential and growth compared to the neighboring Gulf countries in the recent years (2003 2008), which led to many fast track infrastructure and building projects, most of those are innovative, having ambitious aspirations to become international drop marks, having the crude feature of shorter durations. One of the main reasons for adopting fast track projects was to reduce the financial burdens ( bestows and re succumbment period) and to minimize the risk for escalation due to the construction boom in the region. too in a raising market, the cost of the construction was proportional to the duration of the project as the contractors were including the risk for escalation in their bids. A few examples for such land mark projects with shorter duration captured the attention are Burj Khalifa tower, Dubai Metro, Palm Island and Dubai Mall.The multinational construction interface between the parties and culture stipulated the importance of victimization standard forms of construction contracts in the UAE, one of the main reasons to use standard forms of contracts are the f amiliarity among the parties, which has been used across many developments worldwide, even practiced at courts, assumed to be understood by parties, the risks are apportioned in a balance way and understood by even the stake holders, reduced legal and construction cost.As mentioned above, one of such standard form of contract, FIDIC 1987 quaternate edition red book was introduced by Dubai Municipality in early 90s with amendments to the original form (bespoke version is called as Dubai Municipality normal conditions of Contract), later been followed by many public and private sector clients in UAE. Many such amendments in the creation of bespoke versions of FIDIC forms have defeated the intended purpose of achieving a balanced version of contractBy the mid of 2006, many clients started using bespoke versions of new FIDIC i.e. FIDIC 99 Contracts, however there is a significant difference between these two forms (FIDIC 1999 FIDIC 1987) of contracts in many areas. Like any other pla ce in the world, the competitions in the construction industry among the contractors are very high in UAE also. Many clients in the region, whilst using open or selective tendering (as they invite tenders from their own tender pool), before and by and by the original economic crisis, do have the habit of awarding the works to the lowest bidder. In order to overcome the competition in the market, the contractors at times started under quoting the works, were trying to recover through variation and claims at a later stage. This situation resulted in arguments and disputes due to the wrong edition of the forms of contract used by different parties, in addition, the unbalanced and void bespoke versions contributed much to these kinds of disputes. Many such disputes were revolving around the poor interpretation and understanding of the variations articles, ensueing to claims and disputes on fast track projects. The intended purpose of this dissertation is to identifyThe essential cla uses needed to administer a contractThe importance of making right interpretations while using contractsAn overview of the bespoke versions of contractsResearch MethodologyA exposit analysis of Variation clause in Nakheel Conditions of Contract ( bespoke FIDIC 1987) and the possible interpretations by various parties to the contract, briefly stating the difference between 1999 1987 based forms clauses that relates to variation and varied work clauses.Identify the potential difference between the two bespoke versions i.e. FIDIC 1999 1987 4th edition Nakheel Conditions of Contract on major clauses.A case show on a dispute from ALDARs Conditions of Contract (bespoke of FIDIC 1999) on variations while using the bespoke versions of contractProposed study chaptersThe intended study focus on the meaning of construction contracts, their existence and the different forms of contracts. The literature review is covered in the first four Chapters, Chapter 2 covers the use of different for ms of FIDIC contracts, including a brief history of their start in the UAE, Chapter 3 focus on the essential clauses needed for the administration of any forms of Construction contracts, Chapter 4 an analysis of Nakheels conditions of contract (bespoke FIDIC 1987 4th edition) variation clause, the possible interpretations by different parties to the Contract, Chapter 5 a comparison between Two bespoke forms of Nakheels Conditions of contract (FIDIC 99 and FIDIC 87 4th edition) on major clauses, Chapter 6 a survey to identify whether the employers achieved the intended purpose by using bespoke versions, Chapter 7 analysis of the data collected ,chapter 8 recommendation. An overview of the construction ContractsConstruction contracts are generally classified as Oral (when the act will not apply) or written (if the other criteria are met, the act applies). The form of written contracts are again classified intoi. A simple exchange of correspondencesii. A tailor made written agreementi ii. A standard form such as JCT,Fidic etciv. Standard terms and conditions of the business.Contract in broader term is defined or express as conformity between two or more person i.e individuals, businesses, organizations or government agencies to carryout, or to abstain from doing things in exchange for something of value. Contracts can be oral or written, using formal or informal terms. If one party to the contract fails to live up to its part of the bargain, there shall be a breach and certain remedies for solving this is available. The expressions of the contract who, what, where, when, and how of the contract describe the binding see to its of each party to the contract. In other words the significance of the agreement becomes important only when a breach occurs by the counterpart and it becomes necessary to protect the right of the other party (http// uprightness.freeadvice.com/general_practice/contract_ integrity/contract_agreement.htm) and the breach of contract is acce pted by the honey oil law and the remedies are available as well.On the other hand, the strongest contract, in terms of enforceability, shall have an offer, acceptance with considerations for the exchange, the terms of such an agreement shall be without ambiguity, and is signed by the parties to the contract who has the proper capacity to enter into the contract. Weaker contracts can be classified as verbal agreements or contracts agreed by parties in calculate violation of state or federal laws of the country. There are several aspects related to valid contracts in fact, an entire course in law teach is often devoted to contract law (http//www.wisegeek.com/what-is-a-contract.htm).John Adriaanse (2007) quoting Lord Diplock who classified construction contract as the sale of goods, work and labor for a lump sum price payable by installments as the goods are delivered and the work done. Decisions have to be made from time to time about such essential matters as the marking of vari ation orders, the expenditure of provisional and prime cost sums and the extension of time for carrying out the work under the contract. He also stated that a construction contract is best described as a complex web of competing interests. At the same time Charles.S. Philip (1999) defining contracts as binding agreement between two or more persons or parties construction contracts are defined as agreements, oral or written, executed between Clients and avowers for construction / maintenance work done for compensation. In another definition we must understand that a construction contract is merely a set of criteria, or expectations, that bind the contracting parties (Gilbreath, 1992)The basic elements of a contract are an offer, acceptance of the offer with considerations. This can even be described as concurrence of wills or ad idem or meeting of the minds of two or more parties (http//www.alway-associates.co.uk/legal-update/article.asp?id=165).Consideration, on the other hand, mak es sure that e that something is exchanged. In certain situations, the law requires the consideration to be adequate, which is, a relatively reasonable price, or ostensible, where even a Dirham will do.Contracts may or may not be enforceable by law. The good example is the agreement between the parent and child cannot be enforceable by law whereas the agreement for a loan probably enforceable by law. On the other hand whether a contract is enforceable by law or not depends on many factors, the primary and most important factor being whether the parties to contract anticipated / intended the contract to be legally enforceable or not.Most of the construction contracts are bilateral contracts, some cases the unilateral contracts becomes bilateral with considerations. Contracts can be bilateral or unilateral. In a bilateral contract, each part makes promise or promises to the other party. A good example is while selling a home, the buyer promises to pay the seller AED 1 Million in retur n the seller agree / promise to deliver the title of such property. Where as in a unilateral contract only one party to the contract make the promise. A good example is the reward contract. X promise to pay a reward to Y if Y find Xs stolen car. Here Y is not obliged to find Xs stolen car, but X is obliged to pay the reward to Y only if Y finds Xs car. The consideration for the agreement is Ys trust on Xs promise or Y giving up his legal right to anything he wanted at the time he was in the process of determination of the car.Here, conditions former to Xs obligation to pay is the finding of the car, although this is not a legal condition precedent as technically no binding contract has arisen until the time car is found (because Y hasnt agreed / accepted Xs offer until he find the car, referring back to the basis of contract as it requires offer, acceptance and considerations), the terminology condition precedent is used in contract law to establish a condition of promise in an ag reement. For example, If Y has promised to X to find the car, and X has promised to pay Y when the car was found, Xs offer has been considered as a condition attached to it, and an offer and acceptance have been occurred. This is an incident in which a condition precedent attached to a bilateral contract.In the construction industry, the significance of having a balanced contract agreement has become essential to avoid disputes and to facilitate a equable administration during the construction period. According to Lord Lathams report 1994, constructing the team, construction is a very unique process, the construction industry is different than the manufacturing and other industries, each project is unique with its nature and conditions, having heterogeneous conditions and situations, however definition of Latham for contracts not limited here, but include the design activities, advise and other legislations (Adriaanse 2007) which correct many details that a construction contract s hould take care of.Chapter 2 The Importance of using Standard forms of Contract 2.1 IntroductionThe adversarial nature (Cheung et al., 2006 and Cheung and Yiu, 2007) and internal risks (El-Sayegh, 2008) of the construction industry contributes to the speedy developments of construction disputes. Construction disputes are originated by many sources (Cheng et al., 2009). One of the main sources is the lack of understanding on the Contracts. Deprived interpretation and poor understanding of the construction contracts make the contracts clauses (Broome and Hayes, 1997, Cutts, 2004 and Styllis, 2005) and legalese (Cutts, 2004 and Candlin et al., 2002), which results in differences between the parties to the contract on their legal rights and responsibilities. It is to be noted that this statement is justified in a study conducted by Mohamad and Zulkifli (2006), where majority of the contractors reported about the problems in understanding the contract documents. It is to be concluded th at contractors need to be well versed in the interpretation and understanding of clauses stated in contracts.Dispute resolution methods at the early stages of disputes are the soft-skill resolution technique, i.e. avoidance (White, 2002), which offers a practical approach to hold open the predictability of conflicts that may occur in a project by understanding the form of contract used. The main objective of dispute avoidance technique is to boost teamwork and to create a harmonious atmosphere (Cheung, 1999). Thus, a proper appreciation of the construction contracts to the stakeholders will prevent a dispute from rotting, although a total elimination may be insufferable.The importance of this chapter is to make a improved insight into the need for lucidness of contract documents. Furthermore, it will assist contract drafters and experts review and crystallise the clauses of the contract form in an understanding way to the parties. After the parties understand and consent to the clauses stated in the contract, the parties would recognize their obligations and contractual rights as required in the contract.2.2 The need for contract clarityThe need for this research comes up out of many conflicts identified in the construction industry due to the usage of different versions of contracts with amendments. A good example is, the senior officials of a leading developer in Dubai alleged that false ceiling collapsed and burst the pipes above the false ceiling at the buildings were related to the supervision problem and lack of access to the project site by the engineers (Developer Eyes supervision authority2007). The engineers were not allowed on site due to some health and safety construction complications at certain times. This resulted inadequate supervision for the works. The problem heated up although the standard contract form clearly points out that the engineer, as being responsible for the overall supervision and direction of the project. Additionally, th e Engineers representatives had the right of access to the works and construction site of the contractor (Clause 23 of bespoke Form). An explanation for this dispute was, contractor misinterpreted the conditions of contract and also failed to understand the legal obligations outlined in the contract. Thus, the question of clarity of contract conditions in the contract must be resolved.In addition, the court usually try to find out the intentions of contracting parties using plain, ordinary and popular meanings of the words. Scott vs Wawanesa Mutual Insurance Company brought out the clarity issue to the court attention (1994). The judge held that if the language of an insurance contract is ambiguous, the contra proferentem doctrine applies, that is the rule against the party who impose the inclusion of the ambiguous clause in the contract. On the other hand, if the wordings are unambiguous, the courts would not give any different meaning from what is expressed in its clear terms, unl ess the contract is highly unfair or hold an effect contrary to the intention of the parties (Duhaime, 2007 Duhaime, L., 2007. Part 7 interpretation of previous termcontracts.next term Duhaime Law, Victoria, Retrieved 22 May 2008, from .Duhaime, 2007). Thus, clarity of contract clauses is very important for the construction industry too. This shows the importance of understanding the contract by the contracting parties.Besides, the legalese takes place in the contract. The use of highly formal and technical language in legal documents disturbs interpretation (Feinman, 2003). Legal drafters made most damage by shrouding the mysteries of contracts with complex language and technical legal terms (Cutts, 2004). The deficiencies of legalese are mainly due to the unnecessary length and complexity. Sometimes, there are more serious errors that go unnoticed (Hill, 2001) because the interpretation of the contract clause was not actually written or interpreted in the contract (Thomas et al., 1994). Legalese would result the contracting parties fail to appreciate the contractual rights and obligations in a project (Semple et al., 1994). In the end, it shatters the working atmosphere of the project (Wang and Yang, 2005), resulting claims and delay to the project delivery.2.3. Understanding the importance of standard formConstruction contracts are well written agreements duly signed by the parties to the contract to define their contractual positions, relationships and obligations (Zaghloul and Hartman, 2003). The conditions of the contract are critical to ensure that the parties are put up by rules and regulations (Semple et al., 1994). The reduced understanding of the construction contract usually lead to construction disputes, as highlighted by many researches such as (Thomas et al., 1994, Semple et al., 1994, Broome and Hayes, 1997 and Mohamad and Zulkifli, 2006). It is simply because of the reason that the parties could not achieve their contractual expectations (Harm on, 2003).Dubai Municipalitys be spoke forms of contract was followed and amend by various developers in the UAE industry. The origin of the contract can be traced to FIDIC Red support 1987 standard form of contract. It had several amendments and revisions over the years by many developers and private sector clients in the UAE. The latest version of this form of contract was formulated in 2001 (Dr.Sam, 2004). The old-fashioned language used in it makes it difficult to understand and make the right interpretations. This is mainly due to lack of clarity and use of legalese in the contract clauses. Table 1 and Table 2 give a summary of clarity and legalese problems identified in the contract clauses of this Form.2.4 History of FIDIC and other Standard forms of Contracts used in UAE IndustryThe most brilliant designs for any civil engineering or building project would remain in the documents and paper unless turned into macrocosm by operations. This transaction process requires i.e. f rom the design to the reality requires the selection of the contract that reflects the aspirations of the parties as well as the demands of the successful project. The essential skills required for a Contract Administrator is the selection and management of proper form of contract and for each project, both the key criteria needed to be considered and risks should be identified and allocated, before the selection of the proper form of contract. This can be done from a range of standard forms of contract.In the UAE, the FIDIC form of contract (red book) was introduced in the early 90s for the infrastructure projects by Dubai Municipality, later been followed by many major clients such as Emmar, Nakheel and Damac. The standard form of contract identifies the roles and responsibilities of the parties, their agrents and provides rules to protect direct parties from doing wrong. The selection of the form of contracts depends on various criteria such as the responsibility and position of the parties involved in the contract. For example, factors such as , magnitude and nature of the works, procurement method (Lump sum, Measurement, Cost reimbursement), Design responsibility ( whether by the Employer, Part by the contractor or fully by the Contractor), roles and relationships (Client, Contractor, Design team and Specialists), the type of cost control document used (such as bill of quantities, schedule of rates, priced specification or contract sum analysis),Payment method (stage, time related, turnkey) and Time (Open, fixed, acceleration and Damages). (Martin Brook, third edition, p 33-44)The various such forms of contracts available are JCT written by the Joint Contract Tribunal, NEC New engineering contract, a form recommended by Michal Lathams report (1994) for the use of both public and private sector clients because of its flexibility and written in simple English, ICE provided by the Institution of cultivated Engineers, GC/Works/1 for Government Contracts, A CA Project Partnering Contract- PPC 2000, FIDIC..etc.A brief history of the FIDIC form of contract along with available forms are described below as the dissertation is focused on the FIDIC, the most commonly used for both building and Civil Engineering projects in the UAE.The Fdration Internationale des Ingnieurs-Conseils (FIDIC) organisation was founded in 1913 by France, Belgium and Switzerland. The UK joined only in 1949. The first edition of the Conditions of Contract (International) for Works of Civil Engineering Construction was published in August 1957 having been prepared on behalf of FIDIC and the Fdration Internationale des Btiment et des Travaux Publics (FIBTP). The form of the early FIDIC contracts was prepared in line with the fourth edition of the ICE Conditions of contract.One difference with the initially published FIDIC contract was that they were based on the design being provided by the Employer or his Engineer to the Contractor. It therefore became best accommo date for various civil engineering as well as to various types of infrastructure projects such as roads, bridges, dams, tunnels and utility works such as water, sewerage etc. At the same time it was not so suited for contracts having major items of plant that were manufactured away from site. This led to thought of having the Yellow disk (the traditional one is known as the Red Book it was called as Red book because of the red color of the cover page) published in 1963 by FIDIC for mechanical and electrical works. This had the provisions for testing and commissioning which was more beguile for the manufacture and installation of plant. The revised (second edition) was published in 1980.The revised editions of both Red book and yellow books FIDIC was published in 1987. A most important feature of the revised edition of Red Book (or Old Red Book)was provision for the Engineer to act impartially while giving a decision or in any action which affect the rights and obligations of the p arties, whereas the previous versions assumed this implicitly. Although this talk concentrates on the new FIDIC forms, it should be remembered that the Old Red Book remains the contract of choice throughout much of the Middle East, particularly the UAE.A new form of contract was published (known as the Orange Book) in 1995 for the use on projects procured as design and build or turnkey, dispensing with the Engineer, providing for an Employers Representative who, while determining the value, costs or extensions of times need to determine the matter fairly, reasonably and in accordance with the Contract.However, in 1999 FIDIC published new versions of the Red and Yellow books together with a Green and silver Books called as the short form of contract and turnkey contracts respectively. One of the significant differences between the 1999 edition and 1987 4th edition was the arguably diminishing role of the Engineer a fair interpretation is making the Engineer as an assistant to the Emp loyer. The other differences between these two versions will be discussed in the following chapters of this dissertation.Chapter 33.1 The important clauses and terminologies needed contract administration and a comparison with the bespoke version selected for the dissertation workDuring the process of making bespoke versions of contracts by amending the articles of the standard forms shall be done with extreme care as they run the risk of damaging the consistency as well as the integrity of the contract and the other contract related documents. Most of the standard conditions of contracts are developed over many years and been highly complex to deal with the unforeseen problems and legal decisions including statute law and an ever changing world. The contract must state clearly the documents that are having the status of the contractual documents, following are the documents that shall be considered as the contract documents.i. The signed agreementii. Tenderiii. General and particul ar conditions of contractiv. Drawingsv. Bills of Quantitiesvi. Specificationvii. Schedulesviii. ProgramThere are certain clauses required in the contract to facilitate the smooth administration of any contracts. The following are the commonly found and essential clauses required in construction contracts between the employer and the contractor irrespective of the forms and types of contracts. A detailed analysis with its importance is analyzed in this chapter for the dissertation purpose.Possession the date by which the employer shall provide possession to the contractor of the site to enable the work to begin, In FIDIC 1987, the commencement of work is described under the clause 41.1. The commencement shall be given with in the period agreed in the appendix to tender and failure to provide possession to the site within a reasonable time is interpretted as the breach from the employer.(CEM course material, Construction Law, chapter..). Under FIDIC 1987, the employer will, with the Engineers notice to commence the works, give to the Contractor the possession of the site (E.C Corbett, FIDIC 4th Legal Guide, p 238-239). Failure to give possession is dealt under clause 42.1, under such circumstances, the Engineer shall, after due consultation with Employer and Contractor determine Contractors entitlement for extension of time and also the associated cost, which shall be added to the Contract price, notify the Contractor with copy to the Employer (E.C Corbett, FIDIC 4th Legal Guide, p 238-239). thereof this clause is essential while drafting an agreement or contract for the administration.Completion The date, by which the contractor shall have the obligation to finish the work, this can be extended under various provisions if the employer or his contract administrator / engineer grant extension of time. Under FIDIC 1987, upon substantial shutting of the work, the Contractor serve notice to the Engineer with copy to the Employer for the taking over certificate, and if the work in the view of the Engineer is substantially completed, issue a taking over certificate with in 21days. This is a very essential clause in any form of contract as in the absence of a completion date in the contract the contractor shall be required to finish the work only within a reasonable time(ref John Uff..).Non completion this clause shall deal with the situations when the contractor fails to complete the work by the agreed completion date or the extended completion date. If the work is not completed within the specified time, due to any reasons that the contractor is not liable or any concurrent delays, the contractor get the benefit of having an extension time with associated costs. However for Contractors own delay, the contractor shall not be entitled for the entitled for any extension of time, the remedy available in the contract is to make payment to the employer as liquidated damages or penalization as mentioned in the contract. Hence it is very essent ial to have a non-completion clause in agreements and contracts.Liquidated damages / Penalty Liquidated damages are usually amount is fixed and genuine pre-estimate of the loss in cases of breach, easy to calculate on building or commercial projects, however not easy on infrastructure projects. Whereas penalty is also a fixed amount, the contractor needs to pay this if a breach occurs. However in UAE, the term penalty is applicable as the same is followed in civil court. Whereas, under the English Law, Liquidated damages are applicable, if the sum mentioned in the appendix to tender is penalty and not the liquidated damages, the Contractor under the English law can challenge it, however under the UAE Law Civil code, Article,.. the penalty is applicable. Most of the Countries penalties are not acceptable. Refer, for example, a few leading cases on penalties, Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd 1915 AC 79, 86-87, where the House of Lords recognized th e principles on how to decide a damage clause that is actually a penalty and thereby unenforceable. This case was cited by the High Court of Australia in Ringrow Pty Ltd v BP Australia Pty Ltd 2005 HCA 71, section 12, and by the Supreme Court of Ireland in ODonnell v Truck and Machinery Sales Limited 1998 4 IR 191. The Supreme Court of Canada has adapted a similar approach in Elsley v. J.G. Collins Ins Agencies, 1978 2 S.C.R. 916, 946, and does not allow for any recovery of an amount exceeding the actual damage (J.Frank McKenna (2008) Critical Path. Reed Smith, p1-6). Hence this clause is essential in a contract or agreement.Defects financial obligation- The defects are to be rectified with the period mentioned in the contract. Failure to rectify the defects within a reasonable time will enable the employer to engage a third party to do the work and deduct the amount from the contract sum. Under FIDIC 4th edition, clause 62 deals with the defects liability period. The issuance of the defects liability certificates signals the completion of the Contract and under FIDIC form, such a certificate shall be issued within 28days from the completion of Defects liability period, in both forms of FIDIC 99 as well as in 87 including the bespoke versions, the defects liability period shall not be extended beyond 2 years from the taking over certificate (E.C Corbett, FIDIC 4th Legal Guide, p391-392).Variations any variations should be authorized by the employer before the contractor is entitled for the payment. Variations are common to traditional procurement path than the Design and Build system (Ashworth, 1998). In construction due to the complexity of construction works it is almost impossible to complete a project without changes to the plans or the construction process itself however good and the complete the design details are at the start of the project. Baxendale and Schofield (1996) define variation as any change to the basis on which the original contract was signed. Construction plans are formed form of designs, drawings, quantities and specifications earmarked for a specific construction site and Variations are imminent in any construction project due to various reasons from finance, design, aesthetic, geotechnical, geological, weather conditions to feasibility of construction. Hence it is essential to have a provision to instruct and ev
Monday, June 3, 2019
The accounting treatment for research and development
The accounting treatment for explore and developmentUnder IAS 38 Intangible Assets, the accounting treatment for research and development is different. It depends on whether the using up is incurred from research or development. In the Ruritanian Accounting Standard, research expending is charged to the statement of comprehensive income and development personify is to be capitalized as a part of intangible assets. Broadly speaking, it is common treatment in most of companies. However, this accounting treatment is not perfect. We allow for talk over the advantages and disadvantages of this standard.Firstly, in the Ruritanian Accounting Standard, the definition of research and development costs have been given and set out the conditions that carry to be satisfied in order to get down or capitalize. Research expenditure is not related directly to any of the companys products or processes whilst it conforms to a search process. In the research phase, an entity sternnot reason th at it will become an intangible asset and generate probable rising benefits. Otherwise, expenditure is accepted as development costs as an intangible asset. It is a similar definition in the IAS 38. However, the activities related to research and development but are not included neither research nor development phase are not classified in the standard. There is a situation existed in the research and development process, for instance, troubleshooting in connection with breakdowns during commercial production. IAS 38 does not stomach a guidance of these activities but apparently it would be useful in deciding whether expenditure can be capitalized under the rules identified in the standard. Moreover, expenditure cannot be classified into these two categories due to the complex nature of new equipment programmes, it is not possible to distinguish reliably between research and development activities until comparatively late in the programme.Secondly, in the early standards, develop ment expenditure could be capitalized only if it will make a profit. IAS 38 states that profitable development expenditure must be capitalized whereas SSAP 13 has given the options of either capitalizing the expenditure or charging as an expense. The IASBs Framework for preparation and presentation of Financial Statements says an asset is recognized in the statement of financial position when it is probable that the future economic benefits will flow to the entity and the asset has a cost or value that can be measured reliably. However, in the Ruritanian Accounting Standard, we give an advice of capitalizing all the development costs as an intangible asset rather than the options. There are whatsoever uncertainties on whether project can be completed successful and the costs of developing the product. On most of the conditions, people are always optimistic when developing the product and consider it will have future benefit. In practice, many problems are encountered during the pr ocess and the cost is much greater than estimates before. So, the development costs can be not estimated reliably till the completion.Thirdly, according to measuring the profit, it will have a difficulty in estimating future sales and future costs. erst the development has accomplished, the sales need to be checked if the sales of the product will be profitable. Two factors are related to sale value that is the exchange price of each product and quantity sold. It is uncertainty about those figures. For instance, for some high technology products, selling price might be high initially and then will substantially decline as competitors occurs. It is called marginal costs. There is a relationship between quantity sold and selling price that the degrade selling price is, the more increase sales will be. So, it will cause the problem in estimating future costs. It is uncertain that a product will be profitable and it will have inaccuracies in estimating the costs. Also, it may be diff icult to satisfy the standard of being an asset and should not be recognized in the financial position. In a word, to capitalize total development costs still exist to some extent inaccuracy when the situation above occurred. at long last but not the least, a new treatment will arise from purchased goodwill in a business combination. The research and development part of subordinate word will be purchased and account for the intangible assets in the financial statement of parent company. There are two choices that are impairment and amortization. In IAS 38, it amortized the expense and impairment of intangible asset by using the reducing balance method. In the Ruritanian Accounting Standard, it is consistent with IAS 38 standard. However, in that respect is a motility on impairment rather than amortization in the listed companies. Apparently, companies want to maximum their reported profit and amortization will reduce profit. One of the significant reasons is that if the future ec onomic benefit of the goodwill is greater than its original cost, and thus will avoid a charge to the income statement. Under IAS 38 an intangible asset with an nebulous life is not amortized but to incur an annual impairment check which the impairment is less than its carrying value. It seems to be similar to other treatment of purchased goodwill.In summary, there are many advantages in the Ruritanian Accounting Standard and help to solve the principal problem in the existed accounting standard. Meanwhile, it eliminated some aspect irreconcilable with accounting policy. It is unavoidable to have drawbacks in identify the research and development costs and whether to treat it in the finance position or income statement. Those problems still need to be discussed in the future.
Sunday, June 2, 2019
Energy Fundamentals :: Environment Environmental Essays
Energy Fundamentals There are many different views, properties, values, and interests for different fonts of competency. In viewing zilch in hurt of commodity we focus on supply and demand. Also the price of vim is an important factor. Commodity is used by current buyers and sellers in deciding what type of energy to use. As an ecological resource depletability, environmental impact , and resource issues are the properties of energy. The choice of future sustainability and frugality are also values by those who view energy as an ecological resource. Market bystanders and future generations are most interested in viewing energy in this way. When viewed as a social necessity availability and distribution are the important properties of energy. Equity is valued most when energy is viewed as a social necessity. The poor, and under funded unrestricted services seek to benefit from this view point of energy the most. Finally, energy as a strategic material is the last view on energy that we have discussed in class. The properties of this energy view are geopolitics and foreign energy. Security is the main concern, and energy buyers and suppliers are mostly concerned with this view of energy. Nuclear energy is a form of energy that is created through the reaction and exchange of electrons. It is stored in the nuclei of atoms and released either through fission (spliting atoms) or fusion (joining atoms). Elector magnetic energy is concerned with the wavelengths of waves such as converting gamma rays to radio waves. There are also many different forms of energy conversions. (1/25/02 lecture). There is chemical to thermal. an physical exercise of this is fire. Chemical to electromagnetic, an example of which is a candle. Conversion from chemical to electrical in which a battery is an example.
Saturday, June 1, 2019
Analysis of Analytical Discrimination Essay -- Essays Papers
Analysis of Analytical Discrimination If one was required to target a definition on analytical discrimination, what would it mean? In the article Discrimination is a virtue, author Robert Keith Miller discusses the word discrimination and its true meanings, stating it as just knowing a difference. So if the question were asked once again, would it be possible to discriminate the appeals used in analytical analysis? Miller presents us stories and examples to point out a lost definition of a word often overheard, but never studied. His use of appeals sides with logos, discriminates against ethos, and makes anti-pathos a reality. His writing appeals to the mind, leaving frequently to ponder, though these thoughts may be lost in the whirlwind of ink ideas thrown into a paperback debate. This article focuses on different situations to discuss the problems within. This topical handling is effective being as there are no two clear sides for argument, and no st eps to concluding a definite answer. This articles presentation leaves it expand for logos, the writer seemingly shuns or does not have the use of ethos and pathos. Miller has written for Newsweek, where this article stupefys from. He has also written writing handbooks, such as Motives for Writing (McGraw-Hill) and Hodges HarBrace Handbook (Harcourt College Publishers). He is an educator in argument techniques, writing Informed Argument A Multidisciplinary Reader and Guide. The audience for his article is people of clean-cut mind and education. His appeals to logic show a need to take apart his examples and examine them to find their meanings. When he presents his ideas, there is a need to understand separately situation, and... ...f logos is a main theme in the argument. Miller needs people to think about what he is presenting to have an effect on them. To a concentrated audience, his appeals make a good impression and even some realizations. An ar gument that offers a change in a language may come as hard for the reader to understand, but Miller presents examples in which he change makes sense to arouse the readers mind. This use of examples may be rampant and staccato in some aspects, but all do serve the main purpose and relate to the main argument. Millers techniques form an informative and arouse essay. I believe that he has found his purpose and offered his point in the best possible way considering the subject matter. In interpreting his essay, Millers own words seem to sum it up best Let us be open-minded by all means, but not so open-minded that our brains fall out.
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